ADMINISTRATIVE LAW 1.

law itself must declare as punishable the

violation of administrative rule or regulation;
- Branch of public law that fixes the 2. law should define or fix penalty therefor; and
organization of the government and determines 3. rule/regulation must be published.
competence of authorities who execute the law
and indicates to the individual remedies for the Doctrine of Subordinate Legislation power
violations of his rights. of administrative agency to promulgate rules and
regulations on matters of their own
I. ADMINISTRATIVE BODIES OR AGENCIES specialization.

- A body, other than the courts and the Doctrine of Legislative Approval by Re-
legislature, endowed with quasi-legislative and enactment - the rules and regulations
quasi-judicial powers for the purpose of enabling promulgated by the proper administrative agency
it to carry out laws entrusted to it for implementing the law are deemed confirmed and
enforcement or execution. approved by the Legislature when said law was
re-enacted by later legislation or through
How Created: codification. The Legislature is presumed to have
1. by constitutional provision; full knowledge of the contents of the regulations
2. by legislative enactment; and then at the time of re-enactment.
3. by authority of law.
QUASI- QUASI-
II. POWERS OF ADMINISTRATIVE LEGISLATIVE JUDICIAL
BODIES: FUNCTIONS FUNCTIONS
1. Quasi-legislative or rule-making power;
2. Quasi-judicial or adjudicatory power; and 1. consists of 1. refers to its
3. Determinative powers. issuance of end product
rules and called order,
A. QUASI-LEGISLATIVE OR RULE- regulations reward or
MAKING POWER decision
In exercise of delegated legislative power,
involving no discretion as to what law shall 2. general 2. applies to a
be, but merely authority to fix details in applicability specific
execution or enforcement of a policy set out situation
in law itself.
Kinds: 3. prospective; it 3. present
1. Legislative regulation envisages the determination
a. Supplementary or detailed promulgation of rights,
legislation, e.g. Rules and Regulations of a rule or privileges or
Implementing the Labor Code; regulation duties as of
b. Contingent regulation generally previous or
2. Interpretative legislation, e.g. BIR applicable in present time
Circulars the future or occurrence

Requisites for valid exercise:

1. Issued under authority of law;
B. QUASI-JUDICIAL OR ADJUDICATORY
POWER
2. Within the scope and purview of the law; Proceedings partake of nature of judicial
3. Promulgated in accordance with the proceedings. Administrative body
prescribed procedure: granted authority to promulgate its own
a. notice and hearing generally, not rules of procedure.
required; only when:
i. the legislature itself requires it and Two necessary conditions:
mandates that the regulation shall be 1. due process; and
based on certain facts as determined 2. jurisdiction
at an appropriate investigation;
ii. the regulation is a settlement of a Includes the following powers:
controversy between specific parties; 1. Prescribe rules of procedure
considered as an administrative 2. Subpoena power
adjudication (Cruz, Philippine 3. Contempt Power
Administrative Law, p.42 - 43); or
iii. the administrative rule is in the Administrative Due Process:
nature of subordinate legislation 1. right to a hearing;
designed to implement a law by 2. tribunal must consider evidence
providing its details (CIR v. Court of presented;
Appeals, 261 SCRA 236). 3. decision must have something to support
b. publication itself;
4. Reasonable 4. evidence must be substantial;
5. decision must be based on evidence adduced
Requisites for Validity of Administrative
at hearing or at least contained in the record
Rules With Penal Sanctions:
and disclosed to parties;
6. board of judges must act on its independent Whenever there is an available
consideration of facts and law of the case, administrative remedy provided by law,
and not simply accept view of subordinate in no judicial recourse can be made until all
arriving at a decision; and such remedies have been availed of and
7. decision must be rendered in such a manner exhausted.
that parties to controversy can know various 1. Doctrine of Prior Resort or (Doctrine of
issues involved and reason for decision Primary Administrative Jurisdiction)
rendered.(Ang Tibay vs CIR, 69 Phil 635) where there is competence or jurisdiction
vested upon administrative body to act upon
Substantial Evidence relevant evidence as a a matter, no resort to courts may be made
reasonable mind might accept as adequate to before such administrative body shall have
support a conclusion. acted upon the matter.
1. Doctrine of Finality of Administrative
Administrative Determinations Where Action no resort to courts will be allowed
Notice and Hearing Not Necessary: unless administrative action has been
1. summary proceedings of distraint and levy completed and there is nothing left to be
upon property of delinquent taxpayer; done in administrative structure.
2. grant of provisional authority for increase of 2. Judicial Relief from Threatened
rates, or to engage in particular line of Administrative Action courts will not
business; render a decree in advance of administrative
3. cancellation of passport where no abuse of action and thereby render such action
discretion is committed; nugatory. It is not for the court to stop an
4. summary abatement of nuisance per se administrative officer from performing his
which affects safety of persons or property; statutory duty for fear he will perform it
5. preventive suspension of officer or employee wrongly.
pending investigation; and
6. grant or revocation of licenses for permits to Effect of Failure to Exhaust Administrative
operate certain businesses affecting public Remedies: as a general rule, jurisdiction of the
order or morals. court is not affected but the complaint is
vulnerable to dismissal due to lack of cause of
Administrative Appeal or Review action.
Exceptions to the Doctrine:
1. Where provided by law, appeal from
administrative determination may be made 1. doctrine of qualified political agency (when
to higher or superior administrative officer or the respondent is a department secretary
body. whose acts as an alter ego of the President
bears the implied and assumed approval of
2. By virtue of power of control of President,
the latter); except where law expressly
President himself or through Department
provides exhaustion;
Head may affirm, modify, alter, or reverse
administrative decision of subordinate. 2. administrative remedy is fruitless;
3. Appellate administrative agency may conduct 3. where there is estoppel on part of
additional hearing in appealed case, if administrative agency;
deemed necessary. 4. issue involved is purely legal;
5. administrative action is patently illegal,
Res judicata effect of Administritve amounting to lack or excess of jurisdiction;
Decisions 6. where there is unreasonable delay or official
- has the force and binding effect of a final inaction;
judgment (note: applies only to judicial and quasi 7. where there is irreparable injury or threat
judicial proceedings not to exercise of thereof, unless judicial recourse is
administrative functions, Brillantes vs. Castro 99 immediately made;
Phil. 497) 8. in land case, subject matter is private land;
9. where law does not make exhaustion a
C. DETERMINATIVE POWERS condition precedent to judicial recourse;
1. enabling permit the doing of an act which 10. where observance of the doctrine will result
the law undertakes to regulate; in nullification of claim;
2. directing order the doing or performance of 11. where there are special reasons or
particular acts to ensure compliance with the circumstances demanding immediate court
law and are often exercised for corrective action; and
purposes 12. when due process of law is clearly violated.
3. dispensing to relax the general operation of
a law or to exempt from general prohibition, IV. JUDICIAL REVIEW OF ADMINISTRATIVE
or relieve an individual or a corporation from DECISIONS
an affirmative duty; When made:
4. examining - also called investigatory power; 1. to determine constitutionality or validity of
5. summary power to apply compulsion or any treaty, law, ordinance, executive order,
force against persons or property to or regulation;
effectuate a legal purpose without judicial 2. to determine jurisdiction of any
warrants to authorize such actions. administrative board, commission or
officer;
III. EXHAUSTION OF 3. to determine any other questions of law;
ADMINISTRATIVE REMEDIES and
 4. 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.

Modes of review:
1. Statutory;
2. Non-statutory inherent power of the court
to review such proceedings upon questions
of jurisdiction and questions of law;
3. Direct proceeding;
4. Collateral attack.

General Rule: Findings of facts of Administrative

Agencies accorded great weight by the Courts.
Exceptions to the Rule:
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.

Brandeis Doctrine of Assimilation of

Facts 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
4
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.(Fernandez vs Sto Tomas, 234 SCRA
546)

Elements of Public Office: (LSDIP)

1. created by law or ordinance authorized by law;
2. possess sovereign functions of government to be exercised for public interests;
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
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MEMORY AID IN POLITICAL LAW
3. functions defined expressly or impliedly by law;
4. 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 independently) and
5. with permanency or continuity, not temporary or occasional.

Characteristics:
-Public office is a public trust.
-Public office is not property and is outside the commerce of man. It cannot be subject of a contract. (Cruz,
Law on Public Officers, p.5)

II. PUBLIC OFFICERS

- individuals vested with public office

Classification of Public Officers:

1. Executive, legislative and judicial officers;
2. Discretionary or ministerial officers;
3. Civil or military officers;
4. Officers de jure or de facto; and
5. National, provincial or municipal officials

Eligibility and qualification:

two senses:
1. may refer to endowments, qualities or attributes which make an individual eligible for public office;
2. may refer to the act of entering into performance of functions of public office.

Authority to prescribe qualification:

1. when prescribed by Constitution, ordinarily exclusive, the legislature may not increase or reduce
qualifications except when Constitution itself provides otherwise as when only minimum or no
qualifications are prescribed( ex: Art XIII Sec 17 (2), Art VIII Sec 7 (2) Consti) ;
2. when office created by statute, Congress 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:
1. Without a known appointment or election, but under such circumstances of reputation or
acquiescence as were calculated to induce people, without inquiry, to submit to or invoke his
action, supposing him to the be the officer he assumed to be; or
2. Under color of a known and valid appointment or election, but where the officer has failed to
conform to some precedent requirement or condition (e.g., taking an oath or giving a bond);
3. Under color of a known 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 unknown to the public.
4. Under color of an election or an appointment by or pursuant to a public, unconstitutional law,
before the same is adjudged to be such.

Note: Here, what is unconstitutional is not the act creating the office, but the act by which the officer is
appointed to an office legally existing. (Norton v. County of Shelby)

Requisites:
1. valid existing office;
2. actual physical possession of said office;
3. color of title to office;
4. by reputation or acquiescence;

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
5. known or valid appointment or election but officer failed to conform with legal requirements;
6. known 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 known to public; and
7. known appointment or election pursuant to unconstitutional law before declaration of
unconstitutionality.

DE JURE DE FACTO
OFFICER OFFICER

1. rests on the 1. on reputation

right

2. has lawful or 2. has possession

title to the and performs
office the duties
under color of
right without
being
technically
qualified in all
points of law to
act

3. cannot be 3. may be ousted

removed in a in a direct
direct proceeding
proceeding against him.

DE FACTO INTRUDER
OFFICER

1. officer under 1. one who takes

any of the 4 possession of
circumstances an office and
mentioned undertakes to
act officially
without any
authority,
either actual or
apparent

2. has color of 2. has neither

right or title to lawful title nor
office color of right or
title to office

3. acts are valid 3. acts are

as to the absolutely void
public until and can be
such time as impeached in
his title to the any proceeding
office is at any time
adjudged unless and
insufficient until he
continues to
act for so long
a time as to
afford a
presumption of
his right to act

4. entitled to 4. not entitled to

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
compensation compensation
for services
rendered

Legal Effects of Acts

- valid insofar as they affect the public
Entitlement to Salaries
General Rule: 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.(Monroy v. CA, 20 SCRA
620)
Exception: when there is no de jure public officer, de facto officer entitled to salaries for period when he
actually discharged functions.(Civil Liberties Union v. Exec. Sec., 194 SCRA 317)
Challenge to a De Facto Officer: must be in a direct proceeding where the title will be the principal issue

IV. COMMENCEMENT OF OFFICIAL RELATIONS:

1. by appointment; or
2. by election

Appointment selection, by authority vested with power, of individual who is to perform functions of a
given office.
Essentially 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 qualification requirements prescribed by law for the position (Nachura, Reviewer in
Political Law, p. 305)

Commission written evidence of appointment.

Designation imposition of additional duties, usually by law, on a person already in public office.

Classification of Appointments:
1. Permanent extended to person possessing requisite qualification for the position and thus
enjoys security of tenure;
2. 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;
3. Provisional- is one which may be issued upon prior authorization of the Commissioner of Civil
service in accordance with the provisions of the Civil Service Law and the rule and standards to a
person who has no t qualified in an appropriate examination but who otherwise meets the
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;
4. Regular made by President while Congress is in session and becomes effective after nomination
is confirmed by the Commission on Appointments and continues until the end of term; and
5. Ad-interim
a. Recess -- made while Congress is not in session, before confirmation, is immediately effective,
and ceases to be valid if disapproved or bypassed by CA upon next adjournment of Congress;
b. Midnight made by the President before his term expires, whether or not this is confirmed by
the Commission on Appointments.

Regular Ad interim
appointment appointment
Made during Made during
the legislative the recess
session
Made only Made before
after the such
nomination is confirmation
confirmed by
the
Commission on
Appointments
(CA)
Once Shall cease to
confirmed by be valid if
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
the CA disapproved by
continues until the CA or upon
t he end of the the next
term of the adjournment
appointee

Nepotism all appointments in the national, provincial, city and municipal governments or in any
branch or instrumentality thereof, including GOCC, made in favor of a relative of the (1) appointing or
(2) recommending authority or of the (3) chief of the bureau or office or of the (4) persons exercising
immediate supervision over him. A relative is one within the 3 rd degree either of consanguinity or
affinity

Vacancy 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.

Classifications of vacancy:
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:
1. Ministerial discharge is imperative and requires neither judgment nor discretion, mandamus will lie;
and
2. Discretionary imposed by law wherein officer has right to decide how and when duty shall be
performed, mandamus will not lie.

II. LIABILITY OF PUBLIC OFFICER

General Rule: 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 Public Officer shall not be civilly liable for acts done in the performance of his duties

Exceptions:
1. statutory liability under the Civil Code (Arts. 27, 32 and 34);
2. When there is a clear showing of bad faith, malice or negligence (Administrative Code of 1987);
3. liability on contracts; and
4. liability on tort .

Threefold Liability Rule wrongful acts or omissions of public officers may give rise to civil, criminal,
and administrative liability. (CAC liability rule)

Liability of Ministerial Officers:

1. Nonfeasance neglect or refusal to perform an act which is officers legal obligation to perform;
2. Misfeasance failure to use that degree of care, skill and diligence required in the performance of
official duty; and
3. Malfeasance doing, through ignorance, inattention or malice, of an act which he had no legal right
to perform.

Doctrine of Command Responsibility

A superior officer is liable for acts of a subordinate when: (ERCAL)
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 carelessly oversees business of office as to furnish subordinate an opportunity for
default;
4. he directed or authorized or cooperated in the wrong; or
5. law expressly makes him 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
9
MEMORY AID IN POLITICAL LAW
Under the Revised Admin. Code of 1987, A Superior Officer shall be liable for acts of subordinate
officers only if he has actually authorized be written order the specific act or misconduct complained.
Subordinate 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

Preventive Suspension
- 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, 18 SCRA 223)

- 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. Vasquez, 243 SCRA 497)

- the period of preventive suspension cannot be deducted from whatever penalty may be imposed upon
the erring officer (CSC Resolution No. 90-1066)

PENDING PENDING
INVESTIGATION APPEAL
[Sec.51, [Sec.27(4), E.O.
E.O.292] 292]

1. not a penalty 1. Punitive in

but only a character
means of
enabling the
disciplinary
authority to
conduct an
unhampered
investigation.

2. no 2. If exonerated,
compensation he should be
due for the reinstated with
period of full pay for the
suspension period of
even if found suspension.
innocent of the
charges.

Rules on Preventive Suspension:

1. Appointive Officials
Not a Presidential Appointee (Secs. 41-42, P.D. 807):
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;
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 90 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 President of
the Philippines under the principle that the power to remove is inherent in the power to appoint
as can be implied from Sec. 5, R.A.2260 (Villaluz v. Zaldivar, 15 SCRA 710).
b. the Presidential Commission Against Graft and Corruption (PCAGC) shall have the power to
investigate administrative complaints against presidential appointees in the executive department
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
of the government, including GOCCs charged with graft and corruption involving one or a
combination of the following criteria:
i. presidential appointees with the rank equivalent to or higher than an Assistant Regional
Director;
ii. amount involved is at least P10M;
iii. those which threaten grievous harm or injury to the national interest; and
iv. those which may be assigned to it by the President (E.O. No. 151 and 151-A).
2. Elective Officials: (Sec 63, R.A. 7160)
a. by whom against whom
i. President elective official of a province, a highly urbanized or an independent component city;
ii. Governor elective official of a component city or municipality;
iii. Mayor 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 60 days;
ii. several administrative cases not more than 90 days within a single year on the same ground
or grounds existing and known at the time of the first suspension
- Section 24 of the Ombudsman Act (R.A. 6770) expressly provide that the preventive suspension
shall continue until the case is terminated by the Office of the Ombudsman but not more than 6
months without pay. The preventive suspension for 6 months without pay is thus according to law
(Lastimosa v. Vasquez, 243 SCRA 497)
- R.A. 3019 makes it mandatory for the Sandiganbayan to suspend, for a maximum period of 90 days
unless the case is decided within a shorter period, any public officer against whom a valid
information is filed charging violation of:
1. R.A. 3019;
2. Book II, Title 7, Revised Penal Code; or
3. offense involving fraud upon government or public funds or property (Cruz, The Law of Public
Officers, pp. 86-87)

VII. RIGHTS OF PUBLIC OFFICERS:

1. Right to Office 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.

2. Right to Salary
Basis: legal title to office and the fact the law attaches compensation to the office.
Salary compensation provided to be paid to public officer for his services.
Preventive Suspension 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.

Back salaries 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. The claim for back salaries
must be coupled with a claim for reinstatement and subject to the prescriptive period of one (1)
year. (Cruz, Law on Public Officers, p126-126)

Forms of Compensation:
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.

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

3. Right to Preference in Promotion

Promotion movement from one position to another with increase in duties and responsibilities as
authorized by law and usually accompanied by an increase in pay.

Next-in-Rank Rule the person next in rank 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 rank
if he fills vacancy by promotion in disregard of the next in rank rule. (Pineda vs. Claudio, 28
SCRA 34)

Automatic Reversion Rule all appointments involved in chain of promotions must be submitted
simultaneously for approval by the Commission, 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.

4. Right to vacation leave and sick leave with pay;

5. Right to maternity leave;

6. Right to pension and gratuity;

Pension 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.
Gratuity a donation and an act of pure liberality on the part of the State.

7. Right to retirement pay;

8. Right to reimbursement for expenses incurred in performance of duty;

9. Right to be indemnified against any liability which they may incur in bona fide discharge of duties; and

10. Right to longevity pay.

11. Right to Self-Organization

Art III, Sec 8 1987Consti. Note: Civil servants are now given the right to self organize but they may not
stage strikes (see: SSS Employees Assoc. vs. CA, 175 SCRA 686)

VIII. MODES OF TERMINATION

OFFICIAL RELATIONSHIP:
(TR3A3P DIFC2IT)
1. expiration of term or tenure;
2. reaching the age limit;
3. resignation;
4. recall;
5. removal;
6. abandonment;
7. acceptance of incompatible office;
8. abolition of office;
9. prescription of right to office (within one year after the cause of ouster or the right to hold such office
or position arose);
10. impeachment;
11. death;
12. failure to assume elective office within 6 months from proclamation;
13. conviction of a crime; and
14. filing of certificate of candidacy.

When public officer holds office at pleasure of appointing power, his replacement amounts to expiration
of his term, not removal.(Alajar vs Alba, 100 Phil 683)

Principle of Hold-Over if no express or implied Constitutional or statutory provision to the contrary,

public officer is entitled to hold office until successor has been chosen and shall have qualified.
Purpose: to prevent hiatus in public office. (But subject to Art. 237 of RPC)

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
Retirement:
Members of Judiciary : 70 years of age
Other government officers and employees : 65 years of age
Optional retirement age: after rendition of minimum number of years of service.

Accepting Authority for Resignation:

1. to competent authority provided by law;
2. If law is silent and public officer is appointed, tender to appointing officer;
3. If law is silent and public officer is elected, tender to officer authorized by law to call election to fill
vacancy:
a. President and Vice-President - Congress
b. Members of Congress - respective Chambers
e. Governors, Vice Governors, Mayors and Vice Mayors of HUCs and independent component cities -
President.
f. Municipal Mayors and Vice Mayors/City Mayors and Vice Mayors of component cities - Provincial
Governor;
g. Sanggunian Members Sanggunian concerned; and
h. Elective Barangay Officials Municipal or City Mayors

Recall - termination of official relationship for loss of confidence prior to expiration of his term through
the will of the people.

Limitations on Recall:
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 take place within one year from date of the officials assumption to office or one year
immediately preceding a regular local election.

Procedure for Recall (Secs. 70-72, R.A. 7160)

1. Initiation of the Recall Process:
a. by a Preparatory Recall Assembly (PRA) composed of:
i. Provincial mayors, vice mayors and sanggunian (sg) members of the municipalities and
component cities;
ii. City punong barangay and (sg) barangay members;
iii. Legislative District:
iiia. SG Panlalawigan municipal officials in the district;
iiib. SG Panglunsod barangay officials in the district;
iv. Municipal - punong barangay and (sg) barangay members;
majority of the PRA 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 PRA members concerned
b. by the Registered Voters (RV) in the province, city, municipality or barangay (LGU) concerned - at
least 25% of the total number of RV in the LGU concerned during the election in which the local
official sought to be recalled was elected;
i. written petition filed with the COMELEC 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 LGU;
ii. COMELEC shall cause the publication of the petition in a public and conspicuous place for a
period of not less than 10 days nor more than 20 days
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
13
MEMORY AID IN POLITICAL LAW

3. Election on Recall COMELEC shall set the date of the election on recall:
a. for barangay, city or municipal officials not later than 30 days after the filing of the resolution or
petition;
b. for provincial officials - not later than 45 days after the filing of the resolution or petition;
4. Effectivity of Recall 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.
Should the official sought to be recalled receive the highest number of votes, confidence in him is
thereby affirmed, and he shall continue in 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
 ELECTION
LAW
I.SUFFRAGE
- right to vote in election of officers chosen by people and in the determination of questions
submitted to people. It includes:
1.election;
2.plebiscite;
3.initiative; and
4.referendum.

Election 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.
Kinds:
1. 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
2. Special election one held to fill vacancy in office before expiration of full term for which
incumbent was elected.

Failure of Elections there are only 3 instances where a failure of elections may be declared,
namely:
a. The election in any polling place has not been held on the date fixed on account of force
majeure, violence, terrorism, fraud, or other analogous causes;
b. The election in any polling place had been suspended before the hour fixed by law for the
closing of the voting on account of force majeure, 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. (Joseph Peter Sison v. COMELEC, G.R. No. 134096,
March 3, 1999)

What is common in these three instances is the resulting failure to elect. In the first instance,
no election is held while in the second, the election is suspended. In the third instance,
circumstances attending the preparation, transmission, custody or canvass of the election
 returns cause a failure to elect. The term failure to elect means nobody emerged as a winner.
(Pasandalan vs. Comelec, G.R. No. 150312, July 18, 2002)
The 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. (Sec. 4, R.A. 7166)
The COMELEC 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 30 days after the cessation of the cause of such suspension or failure to elect.
(Sec. 6, B.P. 881)
In such election, the location of polling places shall be the same as that of the preceding
regular election. However, 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 Comelec
after notice and hearing. (Cawasa vs. Comelec, G.R. No. 150469, July 3, 2002)

Postponement of Elections - An election may be postponed by the COMELEC 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 majeure, or other analogous cause of such a nature that the
holding of a free, orderly and honest election becomes impossible in any political subdivision. (Sec. 5,
B.P. 881)

The COMELEC 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 30 days after
the cessation of the cause for such postponement or suspension of the election or failure to elect.
(Sec. 5, B.P. 881)

Qualification for Suffrage:

1. Filipino citizen;
2. At least 18 years of age;
3. Resident of the Philippines for at least one year;
4. Resident of place where he proposes to vote for at least 6 months; and
5. Not otherwise disqualified by law.

Disqualification:
1. person convicted by final judgment to suffer imprisonment for not less than 1 year, unless pardoned or
granted amnesty; but right reacquired upon expiration of 5 years after service of sentence;
2. 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 5 years after service of
sentence; and
3. insane or incompetent persons as declared by competent authority (Sec. 118, OEC).

II. POLITICAL PARTY

- organized group of citizens advocating an ideology or platform, 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 Muna v.
Comelec, GR No. 147613, June 28, 2001)

To acquire juridical personality and to entitle it to rights and privileges granted to political parties, it
must be registered with COMELEC

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 Muna v. Comelec, GR No. 147613, June 28, 2001)

To acquire juridical personality and to entitle it to rights and privileges granted to political parties, it
must be registered with COMELEC.

Groups Disqualified for Registration:

1. religious denominations or sects;
2. those who seek to achieve their goals through violence or unlawful means;
3. those who refuse to uphold and adhere to Constitution; and
4. those supported by foreign governments.

Grounds for Cancellation of

Registration:

1. accepting financial contributions from foreign governments or their agencies; and

2. failure to obtain at least 10% of votes casts in constituency where party fielded candidates.

Party System 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 Constitution;
political parties registered under party-list system shall be entitled to appoint poll watchers in
accordance with law; and
part-list representatives shall constitute 20% of total number of representatives in the House.

Guidelines for screening party-list participants

1. The political party, sector, organization or coalition must represent the marginalized and
underrepresented groups identified in Sec. 5 of RA 7941. Majority of its member-ship should belong to
the marginalized and underrepresented;
2. While even major political parties are expressly allowed by RA 7941 and the Constitution, they must
comply with the declared statutory policy of Filipino citizens belonging to marginalized and under-
represented sectors to be elected to the House of Representatives. Thus, they must show that they
represent the interest of the marginalized and underrepresented.
3. That 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 Sec. 6, RA 7941 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 seek 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 (1) year; or
h. it fails to participate in the last two (2) preceding elections or fails to obtain at least two per
centum (2%) of the votes cast under the party-list system in two (2) 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 9, RA
7941 as follows: No person shall be nominated as party-list representative unless he is: (a) natural-
born citizen of the Philippines; (b) a registered voter; (c) a resident of the Philippines for a period of not
less than one year immediately preceding the day of the election; (d) able to read and write; (e) a bona
fide member of the party or organization which he seeks to represent for at least 90 days preceding
the day of the election; and (f) at least 25 years of age on the day of the election. In case of a nominee
of the youth sector, he must at least be twenty five (25) but not more than thirty (30) years of age on
the day of the election. Any youth sectoral representative who attains the age of thirty (30) during his
term shall be allowed to continue in office until the expiration of his terms;

7. not only the candidate party or organization must represent marginalized and underrepresented
sectors, so also must its nominees;
8. while lacking the a well-defined political constituency, the nominee must likewise be able to contribute
to the formation and enactment of appropriate legislation that will benefit the nation as a whole. ( Ang
Bagong Bayani-OFW Labor Party, v. COMELEC, GR No. 147589, June 26, 2001).

III. DISQUALIFICATION OF
CANDIDATES:
1. declared as incompetent or insane by competent authority;
2. convicted by final judgment for subversion, insurrection, rebellion or any offense for which he has been
sentenced to a penalty of 18 months imprisonment;
3. convicted by final judgment for crime involving moral turpitude;
4. any person who is permanent resident of or immigrant to a foreign country; and
5. 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.

- When 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. To do so would amount to
disenfranchising the electorate in whom sovereignty resides. (Codilla vs. Hon. Jose De Venecia, G.R.
No. 150605, December 10, 2002)

Nuisance Candidate
 COMELEC 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:
1. to put election process in mockery or disrepute;
2. to cause confusion among voters by similarity of names of registered candidates;
3. 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 2001 (RA 9006)

Lawful election Propaganda (sec. 3):

1. Written/Printed Materials (does not exceed 8 in. width by 14 in. length)

2. Handwritten/printed letters
3. Posters (not exceeding 2 x 3 ft.)
3 by 8 ft. allowed in announcing, at the site and on the occasion of a public meeting or rally,
may be displayed 5 days before the date of rally but shall be removed within 24 hours after
said rally.
4. Print Ads
page in broadsheets and page in tabloids thrice a week per newspaper, magazine or
other publication during the campaign period
5. Broadcast Media (i.e. TV and Radio)

NATIONAL LOCAL
POSITIONS POSITIONS

1. 120 1. 60 minutes
minutes for TV
for TV

2. 180 2. 90 minutes
minutes for Radio
for Radio

Prohibited Campaign
1. Public exhibition of movie, cinematograph or documentary portraying the life or biography of a
candidate during campaign period;
2. Public exhibition of a movie, cinematograph or documentary portrayed by an actor or media
personality who is himself a candidate;
3. Use 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;

Limitation on Expenses:
1. for candidates:
President and Vice President = P10/voter;
Other candidates, if with party = P3/voter;
Other candidates, if without party = P5/voter.
2. for political parties = P5/voter

Statement of Contribution and Expenses

every candidate and treasurer of political party shall, within 30 days after day of election, file offices of
COMELEC the full, true and itemized statement of all contribution and expenditures in connection with
election.

Election Survey
The SC held that Sec. 5.4 of the Fair Election Act prohibiting publication of survey results 15 days
immediately preceding a national election and 7 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;
It 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. (Social Weather Station v. Comelec, G.R. No. 147571 May 5,
2001)

Substituted and Substitute Candidate

- In 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. For 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, That if the substitute candidate is of the
same family name, this provision shall not apply.(Sec.12)

V. PRE-PROCLAMATION
CONTROVERSY
Any question pertaining to or affecting proceedings of Board of Canvassers which may be raised by
any candidate or by a registered political party or coalition of political parties before the board or
directly with COMELEC or any matter raised under Sections 233, 234, 235, and 236, in relation to
preparation, transmission, receipt, custody and appreciation of election returns.

Issues which may be raised in a Pre-Proclamation Controversy:

1. Illegal composition or proceedings of the board of Canvassers;
2. Canvassed 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 Sec. 233,234,235 and 236 of BP 881;
3. Election returns were prepared under duress, threat, coercion, or intimidation, or they are obviously
manufactured or not authentic; and
4. When substitute of fraudulent returns in controverted polling places were canvassed, the results of
which materially affected the standing of the aggrieved candidate/s.

III. ELECTION CONTESTS

Nature: special summary proceeding object of which is to expedite settlement of controversies between
candidates as to who received majority of legal votes.
Purpose: to ascertain true will of people and duly elected officer, and this could be achieved by throwing
wide open the appeal before the court.

Contest: 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.
Election, Returns and qualification refers to all matters affecting validity of the contestees title to the
position.

Election conduct of the polls, including the registration of voters, holding of election campaign, and
casting and counting of votes.

Returns include the canvass of returns and proclamation of winners, together with questions
concerning composition of Board of Canvassers and authenticity of election returns.

Qualifications matter which could be raised in a quo warranto proceedings against the proclaimed
winner, such as his disloyalty to the Republic or his ineligibility or inadequacy of his certificate of
candidacy.

Original Exclusive Jurisdiction Over Election Contests

1. President and Vice-President - Supreme Court en banc
2. Senator - Senate Electoral Tribunal
3. Representative - HR Electoral Tribunal
4. Regional/Provincial/City - COMELEC
5. Municipal - RTC
6. Barangay - MTC

Appellate Jurisdiction:
1. For decisions of RTC and MTC
appeal to COMELEC whose decision shall be final and executory;
2. For decisions of COMELEC
petition for review on Certiorari with SC within 30 days from receipt of decision on ground of grave
abuse of discretion amounting to lack or excess of jurisdiction or violation of due process;
3. For decisions of Electoral Tribunal
petition for review on Certiorari with SC on ground of grave abuse of discretion amounting to lack
or excess of jurisdiction or violation of due process.

Actions Which May Be Filed:

1. Election Protest
- May be filed by any candidate who has filed a certificate of candidacy and has been voted upon for
the same officer;
Grounds:
a. fraud;
b. terrorism;
 c. irregularities; or
d. illegal acts
committed before, during, or after casting and counting of votes
Time to file: within 10 days from proclamation of results of election.

2. Quo warranto
- Filed by any registered voter in the constituency

Grounds:
a. ineligibility; or
b. disloyalty to Republic.
Time to file: within 10 days from proclamation of results of election.

QUO WARRANTO QUO WARRANTO

IN ELECTIVE IN APPOINTIVE
OFFICE OFFICE
1. determination is 1. determination
eligibility of is legality of
candidate-elect appointment
2. when person 2. court may
elected is determine as to
declared who among the
ineligible, court parties has
cannot declare legal title to
2nd placer as office
elected, even if
eligible

IV. ELECTION OFFENSES

Vote-Buying and Vote-Selling

(1) 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 makes or offers to make 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.
(2) Any person, association, corporation, group or community who solicits or receives, directly or
indirectly, any expenditure or promise of any office or employment, public or private, for any of the
foregoing considerations. (Sec. 261, B.P. 881)

One 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
(person/s) whose vote was bought. This grant of immunity will encourage the recipient or
acceptor to come into the open and denounce the culprit-candidate, and will ensure the
successful prosecution of the criminal case against the latter. (Comelec vs. Hon. Tagle, G.R.
Nos. 148948 & 148951, February 17, 2003)
 LAW ON PUBLIC
CORPORATI
I. LOCAL GOVERNMENT CODE OF 1991 (R.A. 7160)

Effectivity: January 1, 1992

Scope of Application of Local

Government 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 Local Government Code:
a. to officials,
b. offices, or
c. agencies of the National Government.

Local Autonomy in its constitutional sense, to polarize LGUs from over dependence on central
government and do not make LGUs mini-republics or imperium in imperia.

Decentralization of Administration central government delegates administrative powers to political

subdivisions in order to broaden base of government power and in process make LGUs more responsive
and accountable and ensure their fullest development as self-reliant communities and make them effective
partners in the pursuit of national development and social progress.

Decentralization of Power involves abdication of political power in favor of LGUs declared

autonomous.(Limbona v. Mengelin, 170 SCRA 786).

Devolution act by which national government confers power and authority upon various LGUs to
perform specific functions and responsibilities.[Sec.17(e), par.2, LGC].

Declaration of Policy:

1. Territorial and subdivisions of State shall enjoy genuine and meaningful local autonomy to enable them
to attain fullest development and make them more effective partners in attaining national goals;
2. Ensure accountability of LGUs through institution of effective mechanisms of recall, initiative and
referendum; and
3. Require all national agencies and offices to conduct periodic consultations with appropriate LGUs,
NGOs and Peoples Organizations and other concerned sector of community before any project or
program is implemented in their respective jurisdictions.

Rules on Interpretation:
1. provision on power: liberally interpreted in favor of LGU; in case of doubt, resolved in favor of
devolution of powers;
2. ordinance or revenue measure: construed strictly against LGU enacting it and liberally in favor of tax
payer;
3. tax exemptions, incentive or relief granted by LGU: construed against person claiming;
4. general welfare provisions: liberally interpreted to give more powers to LGUs in accelerating economic
development and upgrading quality of life for people in community;
5. rights and obligations existing on date of effectivity of LGC of 1991 and arising out of contracts or any
other source of prestation involving LGU, shall be governed by original terms and conditions of said
contracts or law in force at time such rights were vested; and
6. resolution of controversies arising under LGC of 1991 where no legal provision or jurisprudence applies,
resort may be had to customs and traditions in place where controversies take place.
II. PUBLIC CORPORATION
- one formed and organized for the government of a portion of the State.

Elements of Public Corporation:

1. legal creation or incorporation;
2. corporate name;
3. inhabitants; and
4. territory.

Classes of Corporation:
1. Quasi-corporation public corporations created as agencies of State for narrow and limited
purposes.
2. Municipal corporation body politic and corporate constituted by incorporation of inhabitants of city
or town purposes of local government thereof or as agency of State to assist in civil government of the
country.
3. Quasi-public corporation private corporation that renders public service or supplies public wants.
PUBLIC PRIVATE
CORPORATION CORPORATION

1. established for 1. created for

purposes of private aim, gain
administration of or benefit of
civil and local members
governments

2. creation of State 2. created by will

either by special or of incorporators
general act with recognizance
of State
3. involuntary 3. voluntary
consequence agreement by and
legislation among members

III. DE FACTO MUNICIPAL

CORPORATION

Requisites:
1. valid law authorizing incorporation;
2. attempt in good faith to organize under it;
3. colorable compliance with law; and
4. assumption of corporate powers.

IV. TERRITORIAL AND POLITICAL

SUBDIVISIONS ENJOYING
LOCAL AUTONOMY:
1. Province cluster of municipalities, or municipalities and component cities, and serves as dynamic
mechanism for developmental processes and effective governance of LGUs within its territorial
jurisdiction.

2. 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;

3. 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;

4. Barangay 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;

5. Autonomous Regions created for decentralization of administration or decentralization of

government; and

6. Special metropolitan political subdivisions created for sole purpose of coordination of delivery
of basic services.

Creation of Municipal Corporations

1. For province, city or municipality, only by Act of Congress;
2. For barangays, ordinance passed by respective Sanggunian

Plebiscite Requirement approved by a majority of the votes cast in a plebiscite called for the
purpose in the political unit/s directly affected (Sec. 10, R.A. 7160)
Based on verifiable indicators of viability and projected capacity to provide services (Sec. 7,
R.A. 7160) [Note: see Annex C]

Beginning of Corporate Existence

upon election and qualification of its chief executive and majority of members of its Sanggunian,
unless some other time is fixed therefore by law or ordinance creating it.
Mode of Inquiry to Legal Existence of LGU: Quo warranto which is reserved to State or other direct
proceedings

Abolition of LGU:
When income, population, or land area of LGU has been reduced to less than minimum standards
prescribed for its creation. The law or ordinance abolishing LGU shall specify the province, city,
municipality or barangay with which LGU sought to be abolished will be incorporated or merged.

Division and Merger of LGUs

shall comply with same requirements, provided:
1. shall not reduce income, population or land area of LGU concerned to less than the minimum
requirements prescribed;
2. income classification of original LGU shall not fall below its current income classification prior to
division;
3. Plebiscite be held in LGUs affected.
4. Assets and liabilities of creation shall be equitably distributed between the LGUs affected and new
LGU. When municipal district of other territorial divisions is converted or fused into a municipality all
property rights vested in original territorial organization shall become vested in government of
municipality.

V. POWERS OF LGUs

Classification of Powers of Local Government Units

1. Express, implied and inherent;
2. Public or governmental, private or proprietary;
3. Intramural and extramural; and
4. Mandatory and directory; ministerial and discretionary.

Governmental Powers of LGU:

1. General Welfare (Sec. 16, R.A. 7160) statutory grant of police power to LGUs. It is limited to:
a. territoriality;
b. equal protection clause;
 c. due process clause; and
d. must not be contrary to law.
2. Delivery of basic services and facilities (Sec. 17, of R.A. 7160);
3. Power to generate and apply resources (Sec. 18, of R.A. 7160);
4. Eminent Domain (Sec. 19, of R.A. 7160);
Additional Limitations for Exercise by LGU:
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.( Municipality of
Paraaque v. V.M. Realty Corp., 292 SCRA 678)
5. Reclassification of Lands (Sec. 20 of RA 7160)
Limited by following percentage of total agricultural land area:
a. for HUC and independent component cities: 15%;
b. for component cities and 1st to 3rd class municipalities: 10% ; and
c. for 4th to 6th class municipalities: 5%.
6. Closure and opening of roads (Sec. 21 of RA 7160)

In 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 park be permanently closed without provisions or transfer
to new site.
7. Local legislative power (Secs. 48-59 of RA 7160)
Approval of ordinances:
a. local chief executive with his signature on each and every page;
b. if local chief executive vetoes the same, may be overridden by 2/3 vote of all sanggunian
members;
(i) grounds for veto: ordinance is ultra vires or prejudicial to public welfare;
(ii) local chief executive may veto particular item/s of appropriation ordinance, adoption of
local development plan and public investment plan, or ordinance directing payment of
money or creating liability; and
(iii) local chief executive may veto an ordinance only once;
c. veto communicated to sanggunian within 15 days for province and 10 days for city or municipality.

Requisites for validity:

a. must not contravene the Constitution 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.

Barangay Chairman has no veto power.

Corporate Powers of LGU:
1. to have continuous succession in its corporate name;
2. to sue and be sued;
3. to have and use a corporate seal;
4. to acquire and convey real or personal property;
5. power to enter into contracts;
Requisites of valid municipal contracts:
a. LGU has express, implied, or inherent power to enter into a particular contract;
b. Entered into by proper department, board, committee, or agent;
c. Must comply with substantive requirements;
d. Must comply with formal requirements; and
e. In case entered into by local chief executive on behalf of LGU, prior authorization by Sanggunian
concerned is needed
6. to exercise such other powers as granted to corporation, subject to limitations provided in Local
Government Code of 1991 and other laws.

VI. MUNICIPAL LIABILITY:

Rule: Local government units and their officials are not exempt from liability for death or injury to persons
or damage to property (Sec. 24, R.A. 7160)
1. Statutory provisions on liability:
a. Art. 2189, Civil Code defective condition of roads, streets, bridges, public buildings, and other
public works;
b. Art. 2180(6th par.), Civil Code acts through a special agent;
d. Art. 34, Civil Code failure or refusal of a member of the police force to render aid and protection
in case of danger to life and property
2. for Tort depends if engaged in:
a. governmental functions not liable;
 b. proprietary functions liable

3. for Violation of Law

4. for Contracts if contract is:
a. intra vires liable;
b. ultra vires not liable
Doctrine of Implied Municipal Liability 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, 147 SCRA 447); 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 (Nachura, Reviewer in Political Law, p. 431)

VII. QUALIFICATION OF ELECTIVE

LOCAL OFFICIALS:
1. citizen of the Philippines;
2. registered voter of barangay, municipality, city, province, or district where he intends to be elected;
3. resident therein for at least 1 year preceding election;
4. able to read and write Filipino or local language or dialect; and
5. age:
a. 23 years of age Governor, Vice Governor, Board Member, Mayor, Vice Mayor or Member of City
Council for HUCs.
b. 21 years of age Mayor or Vice Mayor of ICCs, component cities or municipalities;
c. 18 years of age members of ICC or component city or municipal council or punong barangay or
member of barangay council;
d. at least 15 but not 21 years of age candidate for sanggunian kabataan.
(Sec. 39, RA 7160)

Disqualification of Elective Local Official:

1. sentenced by final judgment for offense involving moral turpitude or punishable by 1 year or more of
imprisonment within 2 after service of sentence;
2. those removed from office due to administrative cases;
3. those convicted by final judgment for violating oath of allegiance to the Republic;
4. those with dual citizenship;
5. fugitives from justice in criminal or non-political cases here or abroad;
6. permanent resident in foreign country; and
7. insane or feeble-minded.(Sec.40, RA.7160)

VIII. MANNER OF ELECTION

1. Elected at large
a. Governor; Vice Governor;
b. City or municipal mayor; City or municipal vice-mayor;
c. Punong barangay,
d. SK chairman, elected by voters of Katipunan ng Kabataan

2. Elected by District
a. regular members of Sanggunian
b. ex-officio members of Sanggunian
(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 kabataan
(ii.) panlunsod
president of liga ng mga barangay and the pederasyon ng mga SB
(iii.)bayan
president of liga ng mga barangay and the pederasyon ng mga sanggunian kabataan

3. Sectoral representatives women, worker, urban poor, and other sectors allowed by law.

Date of Election: Every 3 years on 2nd Monday of May, unless otherwise provided by law.

Term of Office: 3 years starting from noon of June 30 next following the election or such date as may
be provided by law, except that of elective barangay officials, for maximum of 3 consecutive terms in
same position.
Consecutive: After three consecutive terms, an elective local official cannot seek immediate
reelection for a fourth term. The prohibited election refers to the next regular election for the same
office following the end of the third consecutive term. Any other subsequent election, like a recall
election is no longer covered by the prohibition (Socrates vs. Comelec, G.R. No. 154512, November
12, 2002).

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;

4. commission of offense involving moral turpitude or offense punishable by at least prision mayor;
5. abuse of authority;
6. unauthorized absence for 15 consecutive working days except sanggunian members;
7. application for, acquisition of , foreign citizenship or residence or status of an immigrant of another
country; and
8. such other grounds as may be provided in EC and other laws

Under Sec. 60 of RA 7160 an elective local official may be removed from office on the grounds
enumerated above by order of the proper court only (Salalima vs Guingona, 257 SCRA 55)