Admin Elect Reviewer

ADMINISTRATIVE LAW - Branch of public law that fixes the organization of the government and determines competence of authorities
who execute the law and indicates to the individual remedies for the violations of his rights. I. ADMINISTRATIVE AGENCIES BODIES OR
- A body, other than the courts and the legislature, endowed with quasilegislative and quasi-judicial powers for the purpose of enabling it to carry out laws entrusted to it for enforcement or execution. How Created: 1. by constitutional provision 2. by legislative enactment and 3. by authority of law. II. POWERS OF ADMINISTRATIVE BODIES! 1. "uasi-legislative or rule-ma#ing power 2. "uasi-judicial or adjudicatory power and 3. $eterminative powers. A. QUASI LEGISLATIVE OR RULE MA!ING POWER %n exercise of delegated legislative power, involving no discretion as to what law shall be, but merely authority to fix details in execution or enforcement of a policy set out in law itself. !"#d$: 1. &egislative regulation a. 'upplementary or detailed legislation, e.g. (ules and (egulations %mplementing the &abor )ode b. )ontingent regulation 2. %nterpretative legislation, e.g. B%( )irculars Re%&"$"te$ 'or (a)"d e*er+"$e: 1. %ssued under authority of law 2. *ithin the scope and purview of the law
3. +romulgated in accordance with the prescribed procedure! a. notice and hearing , generally, not required only when! i. the legislature itself requires it and mandates that the regulation shall be based on certain facts as determined at an appropriate investigation ii. the regulation is a settlement of a controversy between specific parties considered as an administrative adjudication -)ruz, Philippine Administrative Law, p../ .01 or iii. the administrative rule is in the nature of subordinate legislation designed to implement a law by providing its details -CIR v. Court of Appeals, /23 ')(A /021. b. publication .. (easonable Re%&"$"te$ 'or Va)"d"t, o' Ad-"#"$trat"(e R&)e$ W"t. Pe#a) Sa#+t"o#$: 3. law itself must declare as punishable the violation of administrative rule or regulation /. law should define or fix penalty therefor and 0. rule4regulation must be published. Do+tr"#e o' S&/ord"#ate Le0"$)at"o# 1 power of administrative agency to promulgate rules and regulations on matters of their own specialization. Do+tr"#e o' Le0"$)at"(e A22ro(a) /, Re e#a+t-e#t the rules and regulations promulgated by the proper administrative agency implementing the law are deemed confirmed and approved by the &egislature when said law was reenacted by later legislation or through codification. 5he &egislature is presumed to have full #nowledge of the contents of the regulations then at the time of reenactment.
QUASI LEGISLATIVE FUNCTIONS

3. consists of issuance of rules and regulations general applicability 3.
QUASI 3UDICIAL FUNCTIONS

refers to its end product called order, reward or decision
7. decision must be rendered in such a manner that parties to controversy can #now various issues involved and reason for decision rendered.-Ang Tibay vs CIR, 26 +hil 2071 S&/$ta#t"a) E("de#+e 1 relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Ad-"#"$trat"(e Deter-"#at"o#$ W.ere Not"+e a#d Hear"#0 Not Ne+e$$ar,: 1. summary proceedings of distraint and levy upon property of delinquent taxpayer 2. grant of provisional authority for increase of rates, or to engage in particular line of business 3. cancellation of passport where no abuse of discretion is committed 4. summary abatement of nuisance per se which affects safety of persons or property 5. preventive suspension of officer or employee pending investigation and 6. grant or revocation of licenses for permits to operate certain businesses affecting public order or morals. Ad-"#"$trat"(e A22ea) or Re("ew 1. *here provided by law, appeal from administrative determination may be made to higher or superior administrative officer or body. 2. By virtue of power of control of +resident, +resident himself or through $epartment 8ead may affirm, modify, alter, or reverse administrative decision of subordinate. 3. Appellate administrative agency may conduct additional hearing in appealed case, if deemed necessary. Re$ 5&d"+ata e''e+t o' Ad-"#"$tr"t(e De+"$"o#$ - has the force and binding effect of a final judgment -note! applies only to judicial and quasi judicial proceedings not to exercise of administrative functions, Brillantes vs. Castro 66 +hil. .691 C. DETERMINATIVE POWERS
/.
/. applies to a specific situation 0. present determination of rights, privileges or duties as of previous or present time or occurrence
0. prospective it envisages the promulgation of a rule or regulation generally applicable in the future
B. QUASI 3UDICIAL OR AD3UDICATOR4 POWER +roceedings parta#e of nature of judicial proceedings. Administrative body granted authority to promulgate its own rules of procedure. Two #e+e$$ar, +o#d"t"o#$: 1. due process and 2. jurisdiction I#+)&de$ t.e 'o))ow"#0 2ower$: 3. +rescribe rules of procedure /. 'ubpoena power 0. )ontempt +ower Ad-"#"$trat"(e D&e Pro+e$$: 1. right to a hearing 2. tribunal must consider evidence presented 3. decision must have something to support itself 4. evidence must be substantial 5. decision must be based on evidence adduced at hearing or at least contained in the record and disclosed to parties 6. board of judges must act on its independent consideration of facts and law of the case, and not simply accept view of subordinate in arriving at a decision and
3. enabling , permit the doing of an act which the law underta#es to regulate /. directing , order the doing or performance of particular acts to ensure compliance with the law and are often exercised for corrective purposes 0. dispensing , to relax the general operation of a law or to exempt from general prohibition, or relieve an individual or a corporation from an affirmative duty .. e amining - also called investigatory power 7. summary , power to apply compulsion or force against persons or property to effectuate a legal purpose without judicial warrants to authorize such actions. III. E6HAUSTION OF ADMINISTRATIVE REMEDIES *henever there is an available administrative remedy provided by law, no judicial recourse can be made until all such remedies have been availed of and exhausted. 1. Do+tr"#e o' Pr"or Re$ort or 7Do+tr"#e o' Pr"-ar, Ad-"#"$trat"(e 3&r"$d"+t"o#8 , where there is competence or jurisdiction vested upon administrative body to act upon a matter, no resort to courts may be made before such administrative body shall have acted upon the matter. 1. Do+tr"#e o' F"#a)"t, o' Ad-"#"$trat"(e A+t"o# , no resort to courts will be allowed unless administrative action has been completed and there is nothing left to be done in administrative structure. 2. 3&d"+"a) Re)"e' 'ro- T.reate#ed Ad-"#"$trat"(e A+t"o# , courts will not render a decree in advance of administrative action and thereby render such action nugatory. %t is not for the court to stop an administrative officer from performing his statutory duty for fear he will perform it wrongly.
E''e+t o' Fa")&re to E*.a&$t Ad-"#"$trat"(e Re-ed"e$: as a general rule, jurisdiction of the court is not affected but the complaint is vulnerable to dismissal due to lac# of cause of action. E*+e2t"o#$ to t.e Do+tr"#e: 1. doctrine of qualified political agency -when the respondent is a department secretary whose acts as an alter ego of the +resident bears the implied and assumed approval of the latter1 except where law expressly provides exhaustion 2. administrative remedy is fruitless 3. where there is estoppel on part of administrative agency 4. issue involved is purely legal 5. administrative action is patently illegal, amounting to lac# or excess of jurisdiction 6. where there is unreasonable delay or official inaction 7. where there is irreparable injury or threat thereof, unless judicial recourse is immediately made 8. in land case, subject matter is private land 9. where law does not ma#e exhaustion a condition precedent to judicial recourse 10. where observance of the doctrine will result in nullification of claim 11. where there are special reasons or circumstances demanding immediate court action and 12. when due process of law is clearly violated. IV. 3UDICIAL REVIEW OF ADMINISTRATIVE DECISIONS W.e# -ade: 3. to determine constitutionality or validity of any treaty, law, ordinance, executive order, or regulation /. to determine jurisdiction of any administrative board, commission or officer 0. to determine any other questions of law and .. to determine questions of facts when necessary to determine either! a. constitutional or jurisdictional issue
b. commission of abuse of authority and c. when administrative fact finding body is unduly restricted by an error of law. Mode$ o' re("ew: 3. 'tatutory /. :on-statutory , inherent power of the court to review such proceedings upon questions of jurisdiction and questions of law 0. $irect proceeding .. )ollateral attac#. Ge#era) R&)e: ;indings of facts of Administrative Agencies accorded great weight by the )ourts. E*+e2t"o#$ to t.e R&)e:
1. factual findings not supported by evidence 2. findings are vitiated by fraud, imposition or collusion 3. procedure which led to factual findings is irregular 4. palpable errors are committed and 5. grave abuse of discretion, arbitrariness or capriciousness is manifest. Bra#de"$ Do+tr"#e o' A$$"-")at"o# o' Fa+t$ 1 one purports to be finding of fact but is so involved with and dependent upon a question of latter,courts will review the entire case including the latter. law as to be in substance and effect a decision on the .
San Beda College of Law

5 MEMORY AID IN POLITICAL LAW
LAW ON PUBLIC OFFICERS

I.PUBLIC OFFICE - right, authority and duty created and conferred by law, by which for a given period, either fixed by law or enduring at pleasure of creating power, and individual is vested with some sovereign functions of government to be exercised by him for the benefit of the public. !"ernande# vs $to Tomas% /0. ')(A 7.2& E)e-e#t$ o' P&/)"+ O''"+e: 7LSDIP8 3. created by )aw or ordinance authorized by law /. possess $overeign functions of government to be exercised for public interests 0. functions defined expressly or impliedly by law .. functions exercised by an officer directly under control of law, not under that of a superior officer unless they are functioned conferred by law upon inferior officers, who by law, are under control of a superior -duties performed "ndependently1 and 7. with 2ermanency or continuity, not temporary or occasional. C.ara+ter"$t"+$: -+ublic office is a public trust. -+ublic office is not property and is outside the commerce of man. %t cannot be subject of a contract. !Cru#% Law on Public 'fficers% p.(& II. PUBLIC OFFICERS - individuals vested with public office C)a$$"'"+at"o# o' P&/)"+ O''"+er$: 3. <xecutive, legislative and judicial officers /. $iscretionary or ministerial officers 0. )ivil or military officers .. =fficers de jure or de facto and 7. :ational, provincial or municipal officials two senses! 1. may refer to endowments% )ualities or attributes which ma#e an individual eligible for public office 2. may refer to the act of entering into performance of functions of public office. A&t.or"t, to 2re$+r"/e %&a)"'"+at"o#: 1. when prescribed by )onstitution, ordinarily e clusive, the legislature may not increase or reduce qualifications except when )onstitution itself provides otherwise as when only minimum or no qualifications are prescribed- ex! Art >%%% 'ec 39 -/1, Art ?%%% 'ec 9 -/1 )onsti1 2. when office created by statute, )ongress has generally plenary power to prescribe qualification but such must be! a. germane to purpose of office and b. not too specific so as to refer to only one individual. III. DE FACTO OFFICERS - one who has reputation of being an officer that he assumes to be, and yet is not an officer in point of law. - a person is a de facto officer where the duties of the office are exercised under any of the following circumstances! 3. *ithout a #nown appointment or election, but under such circumstances of reputation or acquiescence as were calculated to induce people, without inquiry, to submit to or invo#e his action, supposing him to the be the officer he assumed to be or /. @nder color of a #nown and valid appointment or election, but where the officer has failed to conform to some precedent requirement or condition -e.g., ta#ing an oath or giving a bond1
E)"0"/")"t, a#d %&a)"'"+at"o#:

POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEM ERS: Je!! Alar"lla# Carlo aut"$ta# Mar% Anthony ay&uen# Ian Ca'ara# arbara J"ll Clara# Ryan Co# ethany Conde# eatr"( )eron"lla# Mary Ann Char"$'a )ut"erre(# Chr"$to*her +"nag# Ha(el Manaog# +eah Mer"da# Jenery Pere(. ,red Pr"eto# Ru$$el Tacla# Ma.Mel"$$a -oro# Joy .abala

6 MEMORY AID IN POLITICAL LAW 0. @nder color of a #nown election or appointment, void because! a. the officer was not eligible b. there was a want of power in the electing or appointing body c. there was a defect or irregularity in its exercise such ineligibility, want of power, or defect being un#nown to the public. .. @nder color of an election or an appointment by or pursuant to a public, unconstitutional law, before the same is adjudged to be such. *ote+ ,ere% what is unconstitutional is not the act creating the office% but the act by which the officer is appointed to an office legally e isting. !*orton v. County of $helby& Re%&"$"te$: 3. valid existing office /. actual physical possession of said office 0. color of title to office .. by reputation or acquiescence 7. #nown or valid appointment or election but officer failed to conform with legal requirements 2. #nown appointment or election but void because of ineligibility of officer or want of authority of appointing or electing authority or irregularity in appointment or election not #nown to public and 9. #nown appointment or election pursuant to unconstitutional law before declaration of unconstitutionality. DE 3URE OFFICER
3. /. rests right on the 3. /. points of law to act 0. cannot be removed in a direct proceeding 0. may be ousted in a direct proceeding against him.
DE FACTO OFFICER
3. officer under any of the . circumstances mentioned 3.
INTRUDER
one who ta#es possession of an office and underta#es to act officially without any authority, either actual or apparent has neither lawful title nor color of right or title to office acts are absolutely void and can be impeached in any proceeding at any time unless and until he continues to act for so long a time as to afford a presumption of his right to act not entitled to compensation
/.
has color of right or title to office
/.
0.
acts are valid as to the public until such time as his title to the office is adjudged insufficient
0.
..
entitled to compensation for services rendered
..
DE FACTO OFFICER
on reputation has possession and performs the duties under color of right without being technically qualified in all
has lawful or title to the office
Le0a) E''e+t$ o' A+t$ - valid insofar as they affect the public E#t"t)e-e#t to Sa)ar"e$ Ge#era) R&)e! rightful incumbent may recover from de facto officer salary received by latter during time of wrongful tenure even though latter is in good faith and under color of title.!-onroy v. CA% /A ')(A 2/A& E*+e2t"o#: when there is no de .ure public officer, de facto officer


7 MEMORY AID IN POLITICAL LAW entitled to salaries for period when he actually discharged functions. -Civil Liberties /nion v. 0 ec. $ec.% 36. ')(A 0391 C.a))e#0e to a De Fa+to O''"+er: must be in a direct proceeding where the title will be the principal issue IV. COMMENCEMENT RELATIONS: 3. by appointment or /. by election OF OFFICIAL requirements for appointment to a regular position in the competitive service, whenever a vacancy occurs and the filling thereof is necessary in the interest of the service and there is no appropriate register of those who are eligible at the time of appointment .. Regular , made by +resident while )ongress is in session and becomes effective after nomination is confirmed by the )ommission on Appointments and continues until the end of term and 7. Ad-interim , a. Recess 11 made while )ongress is not in session, before confirmation, is immediately effective, and ceases to be valid if disapproved or bypassed by )A upon next adjournment of )ongress b. -idnight , made by the +resident before his term expires, whether or not this is confirmed by the )ommission on Appointments. Re0&)ar a22o"#t-e#t
Bade during the legislative session Bade only after the nomination is confirmed by the )ommission on Appointments -)A1 =nce confirmed by the )A continues until t he end of the term of the appointee
A22o"#t-e#t 1 selection, by authority vested with power, of individual who is to perform functions of a given office. <ssentially a discretionary power and must be performed by the officer in which it is vested according to his best lights, the only condition being that the appointee should possess the minimum )ualification re)uirements prescribed by law for the position -:achura, Reviewer in Political Law, p. 0A71 Co--"$$"o# , written evidence of appointment. De$"0#at"o# , imposition of additional duties, usually by law, on a person already in public office. C)a$$"'"+at"o# o' A22o"#t-e#t$: 3. Permanent , extended to person possessing requisite qualification for the position and thus enjoys security of tenure /. Temporary , acting appointment, given to a non-civil service eligible is without a definite tenure and is dependent upon the pleasure of the appointing power 0. Provisional1 is one which may be issued upon prior authorization of the )ommissioner of )ivil service in accordance with the provisions of the )ivil 'ervice &aw and the rule and standards to a person who has no t qualified in an appropriate examination but who otherwise meets the
Ad "#ter"a22o"#t-e#t
Bade during the recess Bade before such confirmation
'hall cease to be valid if disapproved by the )A or upon the next adjournment
Ne2ot"$- , all appointments in the national, provincial, city and municipal governments or in any branch or instrumentality thereof, including C=)), made in favor of a relative of the -31 appointing or -/1

8 MEMORY AID IN POLITICAL LAW recommending authority or of the -01 chief of the bureau or office or of the -.1 persons exercising immediate supervision over him. A relative is one within the 0rd degree either of consanguinity or affinity Va+a#+, , when an office is empty and without a legally qualified incumbent appointed or elected to it with a lawful right to exercise its powers and performs its duties. C)a$$"'"+at"o#$ o' (a+a#+,: 1. original , when an office is created and no one has been appointed to fill it 2. constructive , when the incumbent has no legal right or claim to continue in office and can be legally replaced by another functionary 3. accidental , when the incumbent having died, resigned, or been removed 4. absolute , when the term of an incumbent having expired and the latter not having held over, no successor is in being who is legally qualified to assume the office. V. POWERS AND DUTIES OF A PUBLIC OFFICER: 3. Ministerial , discharge is imperative and requires neither judgment nor discretion, mandamus will lie and /. Discretionary , imposed by law wherein officer has right to decide how and when duty shall be performed, mandamus will not lie. II. LIABILIT4 OF PUBLIC OFFICER 1. statutory liability under the )ivil )ode -Arts. /9, 0/ and 0.1 2. *hen there is a clear showing of bad faith, malice or negligence -Administrative )ode of 36D91 3. liability on contracts and 4. liability on tort . T.ree'o)d L"a/")"t, R&)e 1 wrongful acts or omissions of public officers may give rise to civil% criminal, and administrative liability. -CAC liability rule1 L"a/")"t, o' M"#"$ter"a) O''"+er$: 3. Nonfeasance , neglect or refusal to perform an act which is officerEs legal obligation to perform /. Misfeasance , failure to use that degree of care, s#ill and diligence required in the performance of official duty and 0. Malfeasance , doing, through ignorance, inattention or malice, of an act which he had no legal right to perform. Do+tr"#e o' Co--a#d Re$2o#$"/")"t, A superior officer is liable for acts of a subordinate when! 7ERCAL8 1. he negligently or willfully employs or retains unfit or incompetent subordinates 2. he negligently or willfully fails to require subordinate to conform to prescribed regulations 3. he negligently or +arelessly oversees business of office as to furnish subordinate an opportunity for default 4. he directed or authorized or cooperated in the wrong or 5. )aw expressly ma#es him liable.
Ge#era) R&)e: not liable for injuries sustained by another as a consequence of official acts done within the scope of his authority, except as otherwise provided by law. A +ublic =fficer shall not be civilly liable for acts done in the performance of his duties E*+e2t"o#$:
@nder the (evised Admin. )ode of 36D9, A 'uperior =fficer shall be liable for acts of subordinate officers only if he has actually authorized be written order the specific act or misconduct complained. 'ubordinate officers are also liable for willful or negligent acts even if he acted under orders if such acts are contrary to law, morals, public policy and good customs


9 MEMORY AID IN POLITICAL LAW d. grounds , if the charge against such officer or employee involves! i. dishonesty ii. oppression or grave misconduct iii. neglect in the performance of duty or iv. if there are reasons to believe that respondent is guilty of the charges which would warrant his removal from the service e. duration , the administrative investigation must be terminated within 6A days otherwise, the respondent shall be automatically reinstated unless the delay in the disposition of the case is due to the fault, negligence or petition of the respondent, in which case the period of delay shall not be counted in computing the period of suspension. A Presidential Appointee+ a. can only be investigated and removed from office after due notice and hearing by the +resident of the +hilippines under the principle that Fthe power to remove is inherent in the power to appointG as can be implied from 'ec. 7, (.A.//2A -2illalu# v. 7aldivar, 37 ')(A 93A1. b. the Presidential Commission Against 8raft and Corruption -+)AC)1 shall have the power to investigate administrative complaints against presidential appointees in the executive department of the government, including C=))s charged with graft and corruption involving one or a combination of the following criteria! i. presidential appointees with the ran# equivalent to or higher than an Assistant (egional $irector ii. amount involved is at least +3AB
Pre(e#t"(e S&$2e#$"o# - a precautionary measure so that an employee who is formally charged of an offense may be separated from the scene of his alleged misfeasance while the same is being investigated -Bautista v. Peralta, 3D ')(A //01 - need not be preceded by prior notice and hearing since it is not a penalty but only a preliminary step in an administrative investigation - Lastimosa v. 2as)ue#, /.0 ')(A .691 - the period of preventive suspension cannot be deducted from whatever penalty may be imposed upon the erring officer -C$C Resolution *o. 34154661 PENDING INVESTIGATION 9Se+.:;< E.O.=>=? 1. not a penalty PENDING APPEAL 9Se+.=@7A8< E.O. =>=? 1. +unitive in
character
but only a means of enabling the disciplinary authority to conduct an unhampered investigation. due for the period of suspension even if found innocent of the charges.
2. no compensation
2. %f exonerated,
he should be reinstated with full pay for the period of suspension.
R&)e$ o# Pre(e#t"(e S&$2e#$"o#: ;. A22o"#t"(e O''"+"a)$ *ot a Presidential Appointee -'ecs. .3./, +.$. DA91! a. by whom , the proper disciplining authority may preventively suspend b. against whom , any subordinate officer or employee under such authority c. when , pending an investigation


10 MEMORY AID IN POLITICAL LAW iii. those which threaten grievous harm or injury to the national interest and iv. those which may be assigned to it by the +resident - 0.'. *o. 5(5 and 5(51A1. /. E)e+t"(e O''"+"a)$: -$ec 69% R.A. :5641 a. by whom ; against whom i. +resident , elective official of a province, a highly urbanized or an independent component city ii. Covernor , elective official of a component city or municipality iii. Bayor , elective official of a barangay b. when , at any time after the issues are joined c. grounds! i. reasonable ground to believe that the respondent has committed the act or acts complained of ii. evidence of culpability is strong iii. gravity of the offense so warrants iv. continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence d. duration! i. single administrative case , not to extend beyond 2A days ii. several administrative cases , not more than 6A days within a single year on the same ground or grounds existing and #nown at the time of the first suspension - 'ection /. of the =mbudsman Act -(.A. 299A1 expressly provide that Fthe preventive suspension shall continue until the case is terminated by the =ffice of the =mbudsman but not more than 6 months without pay.G 5he preventive suspension for 2 months without pay is thus according to law -Lastimosa v. 2as)ue#, /.0 ')(A .691
- (.A. 0A36 ma#es it mandatory for the 'andiganbayan to suspend, for a maximum period of 34 days unless the case is decided within a shorter period, any public officer against whom a valid information is filed charging violation of! 3. (.A. 0A36 /. Boo# %%, 5itle 9, (evised +enal )ode or 0. offense involving fraud upon government or public funds or property -)ruz, The Law of Public 'fficers, pp. D2-D91 VII. RIGHTS OF PUBLIC OFFICERS: 3. Right to 'ffice , just and legal claim to exercise powers and responsibilities of the public office. Term , period during which officer may claim to hold office as a right. Tenure , period during which officer actually holds office. <. Right to $alary Ba$"$! legal title to office and the fact the law attaches compensation to the office. Sa)ar, , compensation provided to be paid to public officer for his services. Pre(e#t"(e S&$2e#$"o# , public officer not entitled during the period of preventive suspension, but upon exoneration and reinstatement he must be paid full salaries and emoluments during such period. Ba+B $a)ar"e$ are also payable to an officer illegally dismissed or otherwise unjustly deprived of his office the right to recover accruing from the date of deprivation. 5he claim for bac# salaries must be coupled with a claim for reinstatement and subject to the prescriptive period of one -31 year. !Cru#% Law on Public 'fficers% p5<61 5<6&

11 MEMORY AID IN POLITICAL LAW For-$ o' Co-2e#$at"o#: a. salary , personal compensation to be paid to public officer for his services and it is generally a fixed annual or periodical payment depending on the time and not on the amount of the service he may render b. per diem , allowance for days actually spent in the performance of official duties c. honorarium , something given as not as a matter of obligation, but in appreciation for services rendered d. fee , payment for services rendered or on commission on moneys officially passing through their hands and e. emoluments , profits arising from the office, received as compensation for services or which is annexed to the office as salary, fees, or perquisites. 0. Right to Preference in Promotion Pro-ot"o# , movement from one position to another with increase in duties and responsibilities as authorized by law and usually accompanied by an increase in pay. Ne*t "# Ra#B R&)e , the person next in ran# shall be given preference in promotion when the position immediately above his is vacated. But the appointing authority still exercises his discretion and is not bound by this rule. Appointing officer is only required to give special reasons for not appointing officer next in ran# if he fills vacancy by promotion in disregard of the next in ran# rule. -Pineda vs. Claudio% /D ')(A 0.& A&to-at"+ Re(er$"o# R&)e , all appointments involved in chain of
promotions must be submitted simultaneously for approval by the )ommission, the disapproval of the appointment of a person proposed to a higher position invalidates the promotion of those in the lower positions and automatically restores them to their former positions. =. Right to vacation leave and sic> leave with pay? (. Right to maternity leave? 6. Right to pension and gratuity? Pe#$"o# , regular allowance paid to an individual or a group of individuals by the government in consideration of services rendered or in recognition of merit, civil or military. Grat&"t, , a donation and an act of pure liberality on the part of the 'tate. :. Right to retirement pay? @. Right to reimbursement for e penses incurred in performance of duty? 3. Right to be indemnified against any liability which they may incur in bona fide discharge of duties? and 54. Right to longevity pay. 55. Right to $elf1'rgani#ation Art %%%, 'ec D 36D9)onsti. :ote! )ivil servants are now given the right to self organize but they may not stage stri#es -see! ''' <mployees Assoc. vs. )A, 397 ')(A 2D21 VIII. MODES OF TERMINATION OFFICIAL RELATIONSHIP: 7TRCACP DIFC=IT8 3. expiration of term or tenure /. reaching the age limit 0. resignation .. recall 7. removal 2. abandonment 9. acceptance of "ncompatible office

12 MEMORY AID IN POLITICAL LAW D. abolition of office 6. 2rescription of right to office -within one year after the cause of ouster or the right to hold such office or position arose1 3A. "mpeachment 33. death 3/. 'ailure to assume elective office within 2 months from proclamation 30. +onviction of a crime and 3.. filing of certificate of +andidacy. f. Bunicipal Bayors and ?ice Bayors4)ity Bayors and ?ice Bayors of component cities +rovincial Covernor 'anggunian Bembers , 'anggunian concerned and <lective Barangay =fficials , Bunicipal or )ity Bayors
g. h.
*hen public officer holds office at

pleasure of appointing power, his replacement amounts to expiration of his term, not removal.!Ala.ar vs Alba% 3AA +hil 2D0& Pr"#+"2)e o' Ho)d O(er 1 if no express or implied )onstitutional or statutory provision to the contrary, public officer is entitled to hold office until successor has been chosen and shall have qualified. P&r2o$e: to prevent hiatus in public office. -But subject to Art. /09 of (+)1 Ret"re-e#t: Bembers of Hudiciary ! 9A years of age =ther government officers and employees ! 27 years of age =ptional retirement age! after rendition of minimum number of years of service. A++e2t"#0 A&t.or"t, 'or Re$"0#at"o#: 3. to competent authority provided by law /. %f law is silent and public officer is appointed, tender to appointing officer 0. %f law is silent and public officer is elected, tender to officer authorized by law to call election to fill vacancy! a. +resident and ?ice-+resident )ongress b. Bembers of )ongress respective )hambers e. Covernors, ?ice Covernors, Bayors and ?ice Bayors of 8@)Es and independent component cities - +resident.
Re+a)) termination of official relationship for loss of confidence prior to expiration of his term through the will of the people. L"-"tat"o#$ o# Re+a)): 1. any elective official may be subject of a recall election only once during his term of office for loss of confidence and 2. no recall shall ta#e place within one year from date of the officialEs assumption to office or one year immediately preceding a regular local election. Pro+ed&re 'or Re+a)) 7Se+$. @D @=< R.A. @;ED8 3. %nitiation of the (ecall +rocess! a. by a Preparatory Recall Assembly -+(A1 composed of! i. +rovincial , mayors, vice mayors and sanggunian -sg1 members of the municipalities and component cities ii. )ity , punong barangay and -sg1 barangay members iii. &egislative $istrict! iiia. 'C Panlalawigan , municipal officials in the district iiib. 'C Panglunsod , barangay officials in the district iv. Bunicipal 1 punong barangay and -sg1 barangay members majority of the +(A members shall convene in session in a public place recall of the officials concerned shall be validly initiated through a resolution adopted by a majority of all the +(A members concerned

13 MEMORY AID IN POLITICAL LAW b. by the Registered 2oters -(?1 in the province, city, municipality or barangay -&C@1 concerned at least /7I of the total number of (? in the &C@ concerned during the election in which the local official sought to be recalled was elected i. written petition filed with the )=B<&<) in the presence of the representative of the petitioner and a representative of the official sought to be recalled, and in a public place of the &C@ ii. )=B<&<) shall cause the publication of the petition in a public and conspicuous place for a period of not less than 3A days nor more than /A days iii. upon lapse of the said period, )=B<&<) 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
3. <lection on (ecall , )=B<&<) shall set the date of the election on recall! a. for barangay% city or municipal officials , not later than 0A days after the filing of the resolution or petition b. for provincial officials - not later than .7 days after the filing of the resolution or petition 4. <ffectivity of (ecall , only upon the election and proclamation of a successor in the person of the candidate receiving the highest number of votes cast during the election on recall. 'hould the official sought to be recalled receive the highest number of votes, confidence in him is thereby affirmed, and he shall continue in office.
ELECTION LAW

I.SUFFRAGE - right to vote in election of officers chosen by people and in the determination of questions submitted to people. %t includes! 3. election /. plebiscite 0. initiative and .. referendum. E)e+t"o# , means by which people choose their officials for a definite and fixed period and to whom they entrust for time being the exercise of powers of government. !"#d$: 3. Regular election , one provided by law for election of officers either nationwide or in certain subdivisions thereof, after expiration of full term of former members and /. $pecial election , one held to fill vacancy in office before expiration of full term for which incumbent was elected. Fa")&re o' E)e+t"o#$ , there are only 0 instances where a failure of elections may be declared, namely! a. 5he election in any polling place has not been held on the date fixed on account of force ma.eure, violence, terrorism, fraud, or other analogous causes b. 5he election in any polling place had been suspended before the hour fixed by law for the closing of the voting on account of force ma.eure% violence, terrorism, fraud, or other analogous causes and c. After the voting and during the preparation and transmission of the election returns or in the custody or canvass thereof such election results in a failure to elect on account of force majeure, violence, terrorism, fraud or other analogous causes. -Aoseph
Peter $ison v. C'-0L0C% C.(. :o. 30.A62, Barch 0, 36661 *hat is common in these three instances is the resulting failure to elect. %n the first instance, no election is held while in the second, the election is suspended. %n the third instance, circumstances attending the preparation, transmission, custody or canvass of the election returns cause a failure to elect. 5he term failure to elect means nobody emerged as a winner. !Pasandalan vs. Comelec% 8.R. *o. 5(495<% Auly 5@% <44<1 5he causes for the declaration of a failure of election may occur before or after the casting of votes or on the day of the election. -$ec. =% R.A. :566& 5he )=B<&<) shall call for the holding or continuation of the election on a date reasonably close to the date of the election not held, suspended, or which resulted in a failure to elect but not later than 0A days after the cessation of the cause of such suspension or failure to elect. -$ec. 6% B.P. @@5& %n such election, the location of polling places shall be the same as that of the preceding regular election. 8owever, changes may be initiated by written petition of the majority of the voters of the precinct or agreement of all the political parties or by resolution of the )omelec after notice and hearing. -Cawasa vs. )omelec, C.(. :o. 37A.26, Huly 0, /AA/1

15 MEMORY AID IN POLITICAL LAW Po$t2o#e-e#t o' E)e+t"o#$ - An election may be postponed by the )=B<&<) either motu proprio or upon a verified petition by any interested party when there is violence, terrorism, loss or destruction of election paraphernalia or records, force ma.eure% or other analogous cause of such a nature that the holding of a free, orderly and honest election becomes impossible in any political subdivision. -$ec. (% B.P. @@5& 5he )=B<&<) shall call for the holding of the election on a date reasonably close to the date of the election not held, suspended, or which resulted in a failure to elect but not later than 0A days after the cessation of the cause for such postponement or suspension of the election or failure to elect. -$ec. (% B.P. @@5& principles and policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates and supports certain of its leaders and members as candidate in public office. -Bayan -una v. Comelec% C( :o. 3.9230, Hune /D, /AA31 5o acquire juridical personality and to entitle it to rights and privileges granted to political parties, it must be registered with )=B<&<) policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates and supports certain of its leaders and members as candidate in public office. -Bayan -una v. Comelec% C( :o. 3.9230, Hune /D, /AA31 5o acquire juridical personality and to entitle it to rights and privileges granted to political parties, it must be registered with )=B<&<).
Q&a)"'"+at"o# 'or S&''ra0e: 3. ;ilipino citizen /. At least 3D years of age 0. (esident of the +hilippines for at least one year .. (esident of place where he proposes to vote for at least 2 months and 7. :ot otherwise disqualified by law. D"$%&a)"'"+at"o#: 3. person convicted by final judgment to suffer imprisonment for not less than 3 year, unless pardoned or granted amnesty but right reacquired upon expiration of 7 years after service of sentence /. person adjudged by final judgment of having committed any crime involving disloyalty to government or any crime against national security but right is reacquired upon expiration of 7 years after service of sentence and 0. insane or incompetent persons as declared by competent authority -'ec. 33D, =<)1. II. POLITICAL PART4 - organized group of citizens advocating an ideology or platform,
Gro&2$ D"$%&a)"'"ed 'or Re0"$trat"o#: 3. religious denominations or sects /. those who see# to achieve their goals through violence or unlawful means 0. those who refuse to uphold and adhere to )onstitution and .. those supported by foreign governments. Gro&#d$ 'or Ca#+e))at"o# o' Re0"$trat"o#: 3. accepting financial contributions from foreign governments or their agencies and /. failure to obtain at least 3AI of votes casts in constituency where party fielded candidates.
Part, S,$te- , a free and open party system shall be allowed to evolve according to free choice of people.

no votes cast in favor of political

party, organization or coalition shall be valid except for those registered under the party-list system provided in the )onstitution political parties registered under party-list system shall be entitled to appoint poll watchers in accordance with law and part-list representatives shall constitute /AI of total number of representatives in the 8ouse.
G&"de)"#e$ 'or $+ree#"#0 2art, )"$t 2art"+"2a#t$ 1. 5he political party, sector, organization or coalition must represent the marginalized and underrepresented groups identified in 'ec. 7 of (A 96.3. Bajority of its member-ship should belong to the marginalized and underrepresented 2. *hile even major political parties are expressly allowed by (A 96.3 and the )onstitution, they must comply with the declared statutory policy of F;ilipino citizens belonging to marginalized and underrepresented sectors to be elected to the 8ouse of (epresentativesG. 5hus, they must show that they represent the interest of the marginalized and underrepresented. 3. 5hat religious sector may not be represented in the party-list system except that priests, imam or pastors may be elected should they represent not their religious sect but the indigenous community sector 4. A party or an organization must not be disqualified under 'ec. 2, (A 96.3 as follows! a. it is a religious sect or denomination, organization or association organized for religious purposes b. it advocates violence or unlawful means to see# its goals c. it is a foreign party or organization d. it is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or
through any of its officers or members or indirectly through third parties for partisan election purposes e. it violates or fails to comply with laws, rules or regulation relating to elections f. it declares untruthful statements in its petition g. it has ceased to exist for at least one -31 year or h. it fails to participate in the last two -/1 preceding elections or fails to obtain at least two per centum -/I1 of the votes cast under the party-list system in two -/1 preceding elections for the constituency in which it has registered. 5. the party or organization must not be an adjunct of, or a project organized or an entity funded or assisted by, the government. 6. the party, including its nominees must comply with the qualification requirements of section 6, (A 96.3 as follows! F:o person shall be nominated as party-list representative unless he is! -a1 natural-born citizen of the +hilippines -b1 a registered voter -c1 a resident of the +hilippines for a period of not less than one year immediately preceding the day of the election -d1 able to read and write -e1 a bona fide member of the party or organization which he see#s to represent for at least 6A days preceding the day of the election and -f1 at least /7 years of age on the day of the election. %n case of a nominee of the youth sector, he must at least be twenty five -/71 but not more than thirty -0A1 years of age on the day of the election. Any youth sectoral representative who attains the age of thirty -0A1 during his term shall be allowed to continue in office until the expiration of his termsG 7. not only the candidate party or organization must represent marginalized and underrepresented sectors, so also must its nominees

17 MEMORY AID IN POLITICAL LAW 8. while lac#ing the a well-defined political constituency, the nominee must li#ewise be able to contribute to the formation and enactment of appropriate legislation that will benefit the nation as a whole. -Ang Bagong Bayani1'"B Labor Party% v. C'-0L0C% C( :o. 3.97D6, Hune /2, /AA31. III. DISQUALIFICATION OF CANDIDATES: 3. declared as incompetent or insane by competent authority /. convicted by final judgment for subversion, insurrection, rebellion or any offense for which he has been sentenced to a penalty of 3D months imprisonment 0. convicted by final judgment for crime involving moral turpitude .. any person who is permanent resident of or immigrant to a foreign country and 7. one who has violated provisions on! a. campaign period b. removal, destruction of lawful election propaganda c. prohibited forms of propaganda d. regulation of propaganda through mass media and e. election offenses. - *hen a candidate has not yet been disqualified by final judgment during the election day and was voted for, the votes cast in his favor cannot be declared stray. 5o do so would amount to disenfranchising the electorate in whom sovereignty resides. -Codilla vs. ,on. Aose Ce 2enecia, C.(. :o. 37A2A7, $ecember 3A, /AA/1 N&"$a#+e Ca#d"date , )=B<&<) may motu propio or upon petition of interested party, refuse to give due course to or cancel certificate of candidacy if shown that said certificate was filed! 3. to put election process in moc#ery or disrepute /. to cause confusion among voters by similarity of names of registered candidates 0. by other circumstances or acts which demonstrate that a candidate has no bona fide intention to run for office for which certificate has been filed, and thus prevent a faithful determination of true will of electorate. IV. FAIR ELECTIONS ACT OF =DD; 7RA >DDE8 Law'&) e)e+t"o# Pro2a0a#da 7$e+. C8: 3. *ritten4+rinted Baterials -does not exceed D J in. width by 3. in. length1 /. 8andwritten4printed letters 0. +osters -not exceeding / x 0 ft.1 0 by D ft. allowed in announcing, at the site and on the occasion of a public meeting or rally, may be displayed 7 days before the date of rally but shall be removed within /. hours after said rally. .. +rint Ads K page in broadsheets and J page in tabloids thrice a wee# per newspaper, magazine or other publication during the campaign period 7. Broadcast Bedia -i.e. 5? and (adio1 NATIONAL POSITIONS
3. /. 3/A minutes for 5? 3DA minutes for (adio 3. /.
LOCAL POSITIONS
2A minutes for 5? 6A minutes for (adio
Pro."/"ted Ca-2a"0# 3. +ublic exhibition of movie, cinematograph or documentary portraying the life or biography of a candidate during campaign period /. +ublic exhibition of a movie, cinematograph or documentary portrayed by an actor or media


18 MEMORY AID IN POLITICAL LAW personality who is himself a candidate 0. @se of airtime for campaign of a media practitioner who is an official of a party or a member of the campaign staff of a candidate or political party L"-"tat"o# o# E*2e#$e$: 5. for candidates+ +resident and ?ice +resident L +3A4voter =ther candidates, if with party L +04voter =ther candidates, if without party L +74voter. /. for political parties L +74voter State-e#t o' Co#tr"/&t"o# a#d E*2e#$e$ every candidate and treasurer of political party shall, within 0A days after day of election, file offices of )=B<&<) the full, true and itemized statement of all contribution and expenditures in connection with election. E)e+t"o# S&r(e, 5he ') held that 'ec. 7.. of the ;air <lection Act prohibiting publication of survey results 37 days immediately preceding a national election and 9 days before a local election violates the constitutional rights of speech, expression, and the press because! it imposes a prior restraint on the freedom of expression %t is a direct and total suppression of a category of expression even though such suppression is only for a limited period and the governmental interest sought to be promoted can be achieved by means other than the suppression of freedom of expression. -$ocial Beather $tation v. Comelec% C.(. :o. 3.9793 Bay 7, /AA31 S&/$t"t&ted a#d S&/$t"t&te Ca#d"date III. ELECTION CONTESTS
- %n case of valid substitutions after the officials ballots have been printed, the votes cast for the substituted candidates shall be considered as stray votes but shall not invalidate the whole ballot. ;or this purpose, the official ballots shall provide for spaces where the voters may write the name of the substitute candidates if they are voting for the latter! Provided% however% 5hat if the substitute candidate is of the same family name, this provision shall not apply.-'ec.3/1 V. PRE PROCLAMATION CONTROVERS4 Any question pertaining to or affecting proceedings of Board of )anvassers which may be raised by any candidate or by a registered political party or coalition of political parties before the board or directly with )=B<&<) or any matter raised under 'ections /00, /0., /07, and /02, in relation to preparation, transmission, receipt, custody and appreciation of election returns. I$$&e$ w."+. -a, /e ra"$ed "# a Pre Pro+)a-at"o# Co#tro(er$,: 3. %llegal composition or proceedings of the board of )anvassers /. )anvassed election returns are incomplete, contain material defects, appears to be tampered with or falsified or contain discrepancies in the same returns or in other authentic copies thereof as mentioned in 'ec. /00,/0.,/07 and /02 of B+ DD3 0. <lection returns were prepared under duress, threat, coercion, or intimidation, or they are obviously manufactured or not authentic and .. *hen substitute of fraudulent returns in controverted polling places were canvassed, the results of which materially affected the standing of the aggrieved candidate4s.

Nat&re: special summary proceeding object of which is to expedite settlement of controversies between candidates as to who received majority of legal votes. P&r2o$e: to ascertain true will of people and duly elected officer, and this could be achieved by throwing wide open the appeal before the court. Co#te$t! any matter involving title or claim of title to an elective office, made before or after proclamation of winner, whether or not contestant is claiming office in dispute. E)e+t"o#< Ret&r#$ a#d %&a)"'"+at"o# , refers to all matters affecting validity of the contesteeEs title to the position. E)e+t"o# , conduct of the polls, including the registration of voters, holding of election campaign, and casting and counting of votes. Ret&r#$ , include the canvass of returns and proclamation of winners, together with questions concerning composition of Board of )anvassers and authenticity of election returns. Q&a)"'"+at"o#$ , matter which could be raised in a )uo warranto proceedings against the proclaimed winner, such as his disloyalty to the (epublic or his ineligibility or inadequacy of his certificate of candidacy. Or"0"#a) E*+)&$"(e 3&r"$d"+t"o# O(er E)e+t"o# Co#te$t$ 3. +resident and ?ice-+resident $upreme Court en banc /. 'enator - $enate 0lectoral Tribunal 0. (epresentative - ,R 0lectoral Tribunal .. (egional4+rovincial4)ity - C'-0L0C 7. Bunicipal - RTC 2. Barangay - -TC A22e))ate 3&r"$d"+t"o#: 3. ;or decisions of (5) and B5) appeal to )=B<&<) whose decision shall be final and executory /. ;or decisions of )=B<&<)
petition for review on )ertiorari

with ') within 0A days from receipt of decision on ground of grave abuse of discretion amounting to lac# or excess of jurisdiction or violation of due process 0. ;or decisions of <lectoral 5ribunal petition for review on Certiorari with ') on ground of grave abuse of discretion amounting to lac# or excess of jurisdiction or violation of due process. A+t"o#$ W."+. Ma, Be F")ed: ;. E)e+t"o# Prote$t - Bay be filed by any candidate who has filed a certificate of candidacy and has been voted upon for the same officer Gro&#d$: a. fraud b. terrorism c. irregularities or d. illegal acts committed before, during, or after casting and counting of votes T"-e to '")e: within 3A days from proclamation of results of election. =. Q&o warra#to - ;iled by any registered voter in the constituency Gro&#d$: a. ineligibility or b. disloyalty to (epublic. T"-e to '")e: within 3A days from proclamation of results of election. QUO WARRANTO IN ELECTIVE OFFICE QUO WARRANTO IN APPOINTIVE OFFICE
determination is legality of appointment court may determine as to who among the parties has legal title to office
3. determination is 3. eligibility of candidate-elect /. when person /. elected is declared ineligible, court cannot declare /nd placer as elected, even if eligible
IV.
ELECTION OFFENSES

20 MEMORY AID IN POLITICAL LAW promise of any office or employment, public or private, for any of the foregoing considerations. -'ec. /23, B.+. DD31 =ne of the effective ways of preventing the commission of vote-buying and of prosecuting those committing it is the grant of immunity from criminal liability in favor of the party !personDs& whose vote was bought. 5his grant of immunity will encourage the recipient or acceptor to come into the open and denounce the culpritcandidate, and will ensure the successful prosecution of the criminal case against the latter. !Comelec vs. ,on. Tagle% 8.R. *os. 5=@3=@ E 5=@3(5% "ebruary 5:% <449&
Vote B&,"#0 a#d Vote Se))"#0 -31 Any person who gives, offers or promises money or anything of value, gives or promises any office or employment, franchise or grant, public or private, or ma#es or offers to ma#e an expenditure, directly or indirectly, or cause an expenditure to be made to any person, association, corporation, entity, or community in order to induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election, or to vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection process of a political party. -/1 Any person, association, corporation, group or community who solicits or receives, directly or indirectly, any expenditure or


LAW ON PUBLIC CORPORATION

I. LOCAL GOVERNMENT CODE OF ;>>; 7R.A. @;ED8 E''e+t"("t,! Hanuary 3, 366/ S+o2e o' A22)"+at"o# o' Lo+a) Go(er#-e#t Code: Applicable to! 1. all provinces, 2. cities, 3. municipalities, 4. barangays 5. and other political subdivisions as may be created by law and 6. to the extent provided in the &ocal Covernment )ode! a. to officials, b. offices, or c. agencies of the :ational Covernment. Lo+a) A&to#o-, , in its constitutional sense, to polarize &C@Es from over dependence on central government and do not ma#e &C@Es mini-republics or imperium in imperia. De+e#tra)"Fat"o# o' Ad-"#"$trat"o# , central government delegates administrative powers to political subdivisions in order to broaden base of government power and in process ma#e &C@Es more responsive and accountable and ensure their fullest development as self-reliant communities and ma#e them effective partners in the pursuit of national development and social progress. De+e#tra)"Fat"o# o' Power , involves abdication of political power in favor of &C@Es declared autonomous.-Limbona v. -engelin% 39A ')(A 9D21. De(o)&t"o# , act by which national government confers power and authority upon various &C@Es to perform specific functions and responsibilities.M'ec.39-e1, par./, &C)N. 3. 5erritorial and subdivisions of 'tate shall enjoy genuine and meaningful local autonomy to enable them to attain fullest development and ma#e them more effective partners in attaining national goals /. <nsure accountability of &C@Es through institution of effective mechanisms of recall, initiative and referendum and 0. (equire all national agencies and offices to conduct periodic consultations with appropriate &C@Es, :C=Es and +eopleEs =rganizations and other concerned sector of community before any project or program is implemented in their respective jurisdictions. R&)e$ o# I#ter2retat"o#: 3. provision on power! liberally interpreted in favor of &C@ in case of doubt, resolved in favor of devolution of powers /. ordinance or revenue measure! construed strictly against &C@ enacting it and liberally in favor of tax payer 0. ta e emptions% incentive or relief granted by &C@! construed against person claiming .. general welfare provisions! liberally interpreted to give more powers to &C@Es in accelerating economic development and upgrading quality of life for people in community 7. rights and obligations existing on date of effectivity of &C) of 3663 and arising out of contracts or any other source of prestation involving &C@, shall be governed by original terms and conditions of said contracts or law in force at time such rights were vested and 2. resolution of controversies arising under &C) of 3663 where no legal provision or jurisprudence applies, resort may be had to customs and traditions in place where controversies ta#e place. II. PUBLIC CORPORATION
De+)arat"o# o' Po)"+,:


22 MEMORY AID IN POLITICAL LAW - one formed and organized for the government of a portion of the 'tate. E)e-e#t$ o' P&/)"+ Cor2orat"o#: 3. legal creation or incorporation /. corporate name 0. inhabitants and .. territory. C)a$$e$ o' Cor2orat"o#: 3. Quasi-corporation 1 public corporations created as agencies of 'tate for narrow and limited purposes. /. Municipal corporation , body politic and corporate constituted by incorporation of inhabitants of city or town purposes of local government thereof or as agency of 'tate to assist in civil government of the country. 0. Quasi-public corporation , private corporation that renders public service or supplies public wants. PUBLIC CORPORATION
3. established for purposes of administration of civil and local governments /. creation of 'tate either by special or general act 0. involuntary consequence legislation
SUBDIVISIONS EN3O4ING LOCAL AUTONOM4: 3. Province , cluster of municipalities, or municipalities and component cities, and serves as dynamic mechanism for developmental processes and effective governance of &C@Es within its territorial jurisdiction. /. City , composed of more urbanized and developed barangays, serves as a general purpose government for coordination and delivery of basic, regular and direct services and effective governance of inhabitants within its territorial jurisdiction 0. Municipality , consisting of group of barangays, serves primarily as a general purpose government for coordination and delivery of basic, regular and direct services and effective governance of inhabitants within its territorial jurisdiction .. arangay , basic political unit which serves as primary planning and implementing unit of government policies, plans, programs, projects and activities in community, and as a forum wherein collective views of people may be expressed, crystalized and considered and where disputes may be amicably settled
PRIVATE CORPORATION
3. created for private aim, gain or benefit of members
/. created by will of incorporators with recognizance of 'tate 0. voluntary agreement by and among members
7. Autonomous Regions , created for decentralization of administration or decentralization of government and 2. !pecial metropolitan political subdivisions , created for sole purpose of coordination of delivery of basic services. Creat"o# o' M&#"+"2a) Cor2orat"o#$ 3. ;or province% city or municipality, only by Act of )ongress /. ;or barangays, ordinance passed by respective $anggunian
III. DE FACTO MUNICIPAL CORPORATION Re%&"$"te$: 3. valid law authorizing incorporation /. attempt in good faith to organize under it 0. colorable compliance with law and .. assumption of corporate powers.
IV. TERRITORIAL AND POLITICAL


23 MEMORY AID IN POLITICAL LAW +lebiscite (equirement , approved by a majority of the votes cast in a plebiscite called for the purpose in the political unit4s directly affected -'ec. 3A, (.A. 932A1 Based on verifiable indicators of viability and projected capacity to provide services -'ec. 9, (.A. 932A1 M:ote! see Annex )N organization shall become vested in government of municipality. V. POWERS OF LGU$ C)a$$"'"+at"o# o' Power$ o' Lo+a) Go(er#-e#t U#"t$ 3. <xpress, implied and inherent /. +ublic or governmental, private or proprietary 0. %ntramural and extramural and .. Bandatory and directory ministerial and discretionary. Go(er#-e#ta) Power$ o' LGU: 3. Ceneral *elfare , -'ec. 32, (.A. 932A1 statutory grant of police power to &C@Es. %t is limited to! a. territoriality b. equal protection clause c. due process clause and d. must not be contrary to law. /. $elivery of basic services and facilities , -'ec. 39, of (.A. 932A1 0. +ower to generate and apply resources , -'ec. 3D, of (.A. 932A1 .. <minent $omain , -'ec. 36, of (.A. 932A1 Additional &imitations for <xercise by &C@! a. exercise by local chief executive pursuant to an ordinance b. for public use, purpose or welfare for benefit of poor and landless c. payment of just compensation and d. only after valid and definite offer had been made to, and not accepted by owner. --unicipality of ParaGa)ue v. 2.-. Realty Corp.% /6/ ')(A 29D1 7. (eclassification of &ands , -'ec. /A of (A 932A1 &imited by following percentage of total agricultural land area! a. for 8@) and independent component cities! 37I b. for component cities and 3st to 0rd class municipalities! 3AI and c. for .th to 2th class municipalities! 7I. 2. )losure and opening of roads , -'ec. /3 of (A 932A1
Be0"##"#0 o' Cor2orate E*"$te#+e upon election and qualification of its chief executive and majority of members of its 'anggunian, unless some other time is fixed therefore by law or ordinance creating it. Bode of %nquiry to &egal <xistence of &C@! Fuo warranto which is reserved to 'tate or other direct proceedings A/o)"t"o# o' LGU: *hen income, population, or land area of &C@ has been reduced to less than minimum standards prescribed for its creation. 5he law or ordinance abolishing &C@ shall specify the province, city, municipality or barangay with which &C@ sought to be abolished will be incorporated or merged. D"("$"o# a#d Mer0er o' LGUG$ shall comply with same requirements, provided! 1. shall not reduce income, population or land area of &C@ concerned to less than the minimum requirements prescribed 2. income classification of original &C@ shall not fall below its current income classification prior to division 3. +lebiscite be held in &C@Es affected. 4. Assets and liabilities of creation shall be equitably distributed between the &C@Es affected and new &C@. *hen municipal district of other territorial divisions is converted or fused into a municipality all property rights vested in original territorial


24 MEMORY AID IN POLITICAL LAW Barangay )hairman has no veto power. Cor2orate Power$ o' LGU: 3. to have continuous succession in its corporate name /. to sue and be sued 0. to have and use a corporate seal .. to acquire and convey real or personal property 7. power to enter into contracts Re%&"$"te$ o' (a)"d -&#"+"2a) +o#tra+t$: a. &C@ has express, implied, or inherent power to enter into a particular contract b. <ntered into by proper department, board, committee, or agent c. Bust comply with substantive requirements d. Bust comply with formal requirements and e. %n case entered into by local chief executive on behalf of &C@, prior authorization by $anggunian concerned is needed 2. to exercise such other powers as granted to corporation, subject to limitations provided in &ocal Covernment )ode of 3663 and other laws. VI. MUNICIPAL LIABILIT4: R&)e: &ocal government units and their officials are not exempt from liability for death or injury to persons or damage to property -'ec. /., (.A. 932A1 3. 'tatutory provisions on liability! a. Art. /3D6, )ivil )ode , defective condition of roads, streets, bridges, public buildings, and other public wor#s b. Art. /3DA-2th par.1, )ivil )ode , acts through a special agent d. Art. 0., )ivil )ode , failure or refusal of a member of the police force to render aid and protection in case of danger to life and property /. for 5ort , depends if engaged in! a. governmental functions , not liable b. proprietary functions , liable
%n case of permanent closure! a. adequate provision for public safety must be made and b. may be properly used or conveyed for any purpose for which other real property may be lawfully used or conveyed provided no freedom par# be permanently closed without provisions or transfer to new site. 9. &ocal legislative power , -'ecs. .D76 of (A 932A1 A22ro(a) o' ord"#a#+e$: a. local chief executive with his signature on each and every page b. if local chief executive vetoes the same, may be overridden by /40 vote of all sanggunian members -i1 grounds for veto! ordinance is ultra vires or prejudicial to public welfare -ii1 local chief executive may veto particular item4s of appropriation ordinance, adoption of local development plan and public investment plan, or ordinance directing payment of money or creating liability and -iii1 local chief executive may veto an ordinance only once c. veto communicated to sanggunian within 37 days for province and 3A days for city or municipality. Re%&"$"te$ 'or (a)"d"t,: a. must not contravene the )onstitution and any statute b. must not be unfair or oppressive c. must not be partial or discriminatory d. must not prohibit, but may regulate trade e. must not be unreasonable and f. must be general in application and consistent with public policy.


25 MEMORY AID IN POLITICAL LAW 0. for ?iolation of &aw .. for )ontracts , if contract is! a. intra vires , liable b. ultra vires , not liable Do+tr"#e o' I-2)"ed M&#"+"2a) L"a/")"t, , a municipality may become obligated upon an implied contract to pay the reasonable value of the benefits accepted or appropriated by it as to which it has the general power to contract -Province of Cebu v. IAC, 3.9 ')(A ..91 the doctrine applies to all cases where money or other property of a party is received under such circumstances that the general law, independent of an express contract, implies an obligation to do justice with respect to the same -:achura, Reviewer in Political Law, p. .031 VII. QUALIFICATION OF ELECTIVE LOCAL OFFICIALS: 3. citizen of the +hilippines /. registered voter of barangay% municipality, city, province, or district where he intends to be elected 0. resident therein for at least 3 year preceding election .. able to read and write ;ilipino or local language or dialect and 7. age! a. <9 years of age , Covernor, ?ice Covernor, Board Bember, Bayor, ?ice Bayor or Bember of )ity )ouncil for 8@)Es. b. <5 years of age , Bayor or ?ice Bayor of %))Es, component cities or municipalities c. 5@ years of age , members of %)) or component city or municipal council or punong barangay or member of barangay council d. at least 5( but not <5 years of age , candidate for sanggunian #abataan. -'ec. 06, (A 932A1 D"$%&a)"'"+at"o# o' E)e+t"(e Lo+a) O''"+"a): 3. sentenced by final judgment for offense involving moral turpitude or
/. 0. .. 7. 2. 9.
punishable by 3 year or more of imprisonment within / after service of sentence those removed from office due to administrative cases those convicted by final judgment for violating oath of allegiance to the (epublic those with dual citizenship fugitives from justice in criminal or non-political cases here or abroad permanent resident in foreign country and insane or feeble-minded.-'ec..A, (A.932A1
VIII. MANNER OF ELECTION 3. <lected at large a. Covernor ?ice Covernor b. )ity or municipal mayor )ity or municipal vice-mayor c. Punong barangay, d. 'O chairman, elected by voters of Hatipunan ng Habataan /. <lected by $istrict a. regular members of $anggunian b. ex-officio members of $anggunian (i.) panlalawigan president of leagues of sanggunian members of component cities and municipalities and president of liga ng mga barangay and pederasyon ng mga sanggunian #abataan -ii.1 panlunsod president of liga ng mga barangay and the pederasyon ng mga 'B -iii.1 bayan president of liga ng mga barangay and the pederasyon ng mga sanggunian #abataan 0. 'ectoral representatives , women, wor#er, urban poor, and other sectors allowed by law. Date o' E)e+t"o#: <very 0 years on /nd Bonday of Bay, unless otherwise provided by law.

Ter- o' O''"+e! 0 years starting from noon of Hune 0A next following the election or such date as may be provided by law, except that of elective barangay officials, for maximum of 0 +o#$e+&t"(e terms in same position. Co#$e+&t"(e! After three consecutive terms, an elective local official cannot see# immediate reelection for a fourth term. 5he prohibited election refers to the next regular election for the same office following the end of the third consecutive term. Any other subse)uent election, li#e a recall election is no longer covered by the prohibition -$ocrates vs. )omelec, C.(. :o. 37.73/, :ovember 3/, /AA/1. I6. GROUNDS FOR DISCIPLINAR4 ACTIONS: 3. disloyalty to the (epublic /. culpable violation of the )onstitution 0. dishonesty, oppression, misconduct in office, gross negligence or dereliction of duty .. commission of offense involving moral turpitude or offense punishable by at least prision mayor 7. abuse of authority 2. unauthorized absence for 37 consecutive wor#ing days except sanggunian members 9. application for, acquisition of , foreign citizenship or residence or status of an immigrant of another country and D. such other grounds as may be provided in <) and other laws @nder 'ec. 2A of (A 932A an elective local official may be removed from office on the grounds enumerated above by order of the proper court only !$alalima vs 8uingona% /79 ')(A 771


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ADMINISTRATIVE LAW - Branch of public law that fixes the organization of the government and determines competence of authorities

QUASI LEGISLATIVE FUNCTIONS

QUASI 3UDICIAL FUNCTIONS

San Beda College of Law

LAW ON PUBLIC OFFICERS

E)"0"/")"t, a#d %&a)"'"+at"o#:

San Beda College of Law

has color of right or title to office

entitled to compensation for services rendered

has lawful or title to the office

POLITICAL LAW COMMITTEE

San Beda College of Law

'hall cease to be valid if disapproved by the )A or upon the next adjournment

San Beda College of Law

POLITICAL LAW COMMITTEE

San Beda College of Law

he should be reinstated with full pay for the period of suspension.

POLITICAL LAW COMMITTEE

San Beda College of Law

San Beda College of Law

San Beda College of Law

*hen public officer holds office at

San Beda College of Law

San Beda College of Law

San Beda College of Law

San Beda College of Law

no votes cast in favor of political

San Beda College of Law

POLITICAL LAW COMMITTEE

San Beda College of Law

San Beda College of Law

petition for review on )ertiorari

San Beda College of Law

POLITICAL LAW COMMITTEE

San Beda College of Law

LAW ON PUBLIC CORPORATION

De+)arat"o# o' Po)"+,:

San Beda College of Law

IV. TERRITORIAL AND POLITICAL

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POLITICAL LAW COMMITTEE

San Beda College of Law

POLITICAL LAW COMMITTEE

San Beda College of Law

San Beda College of Law

POLITICAL LAW COMMITTEE

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