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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 BODIES OR AGENCIES
- A body, other than the courts and the
legislature, endowed with quasi-legislative 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. Quasi-legislative or rule-making power;
2. Quasi-judicial or adjudicatory power; and
3. Determinative powers.
A. QUASI-LEGISLATIVE OR RULEMAKING POWER
In 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.
Kinds:
1. Legislative regulation
a. Supplementary or detailed legislation,
e.g. Rules and Regulations Implementing
the Labor Code;
b. Contingent regulation
2. Interpretative legislation, e.g. BIR Circulars
Requisites for valid exercise:
1. Issued under authority of law;
2. Within the scope and purview of the law;
3. Promulgated 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
(Cruz,
Philippine
Administrative Law, p.42 - 43); 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, 261 SCRA
236).
b. publication
4. Reasonable
Requisites for Validity of Administrative Rules
With Penal Sanctions:
1. law itself must declare as punishable the
violation of administrative rule or regulation;
2. law should define or fix penalty therefor; and
3. rule/regulation must be published.
Doctrine of Subordinate Legislation power of
administrative agency to promulgate rules and
regulations on matters of their own specialization.
Doctrine of Legislative Approval by Re-enactment
- the rules and regulations promulgated by the
proper administrative agency implementing the law
are deemed confirmed and approved by the
Legislature when said law was re-enacted by later
legislation or through codification. The Legislature
is presumed to have full knowledge of the contents
of the regulations then at the time of reenactment.
QUASILEGISLATIVE
FUNCTIONS

QUASIJUDICIAL
FUNCTIONS

1. consists of
issuance of
rules and
regulations

1. refers to its
end product
called order,
reward or
decision

2. general
applicability

2. applies to a
specific
situation

3. prospective;
it envisages
the
promulgation
of a rule or
regulation
generally
applicable in
the future

3. present
determinatio
n of rights,
privileges or
duties as of
previous or
present time
or
occurrence

B. QUASI-JUDICIAL OR ADJUDICATORY POWER


Proceedings partake of nature of judicial
proceedings. Administrative body granted
authority to promulgate its own rules of
procedure.
Two necessary conditions:
1. due process; and
2. jurisdiction
Includes the following powers:
1. Prescribe rules of procedure
2. Subpoena power
3. Contempt Power
Administrative Due Process:
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
7. decision must be rendered in such a manner
that parties to controversy can know various
issues involved and reason for decision
rendered.(Ang Tibay vs CIR, 69 Phil 635)
Substantial Evidence relevant evidence as a
reasonable mind might accept as adequate to
support a conclusion.
Administrative Determinations Where Notice and
Hearing Not Necessary:
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.

Administrative Appeal or Review


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 President,
President himself or through Department Head
may affirm, modify, alter, or reverse
administrative decision of subordinate.
3. Appellate administrative agency may conduct
additional hearing in appealed case, if deemed
necessary.
1. Where

Res judicata effect of Administritve Decisions


- 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 99
Phil. 497)
C. DETERMINATIVE POWERS

1. enabling permit the doing of an act which the

law undertakes to regulate;

2. directing order the doing or performance of

particular acts to ensure compliance with the


law and are often exercised for corrective
purposes
3. 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;
4. examining - also called investigatory power;
5. summary power to apply compulsion or force
against persons or property to effectuate a
legal purpose without judicial warrants to
authorize such actions.
III. EXHAUSTION OF
ADMINISTRATIVE REMEDIES
Whenever
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. Doctrine of Prior Resort or (Doctrine of
Primary Administrative Jurisdiction) 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. Doctrine of Finality of Administrative Action
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. Judicial
Relief
from
Threatened
Administrative Action courts will not render a
decree in advance of administrative action and
thereby render such action nugatory. It is not
for the court to stop an administrative officer
from performing his statutory duty for fear he
will perform it wrongly.
Effect of Failure to Exhaust Administrative
Remedies: as a general rule, jurisdiction of the
court is not affected but the complaint is
vulnerable to dismissal due to lack of cause of
action.
Exceptions to the Doctrine:
1. doctrine of qualified political agency (when the
respondent is a department secretary whose
acts as an alter ego of the President bears the
implied and assumed approval of the latter);
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 lack 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 make 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. JUDICIAL REVIEW OF ADMINISTRATIVE


DECISIONS
When made:
1. to determine constitutionality or validity of
any treaty, law, ordinance, executive order,
or regulation;
2. to
determine
jurisdiction
of
any
administrative board, commission or officer;
3. to determine any other questions of law; 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
.

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;
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;
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
OFFICER

DE FACTO
OFFICER

1. rests on the 1. on reputation


right
2. has lawful or 2. has
title to the
possession
office
and performs
the
duties
under color
of
right
without being
technically
qualified
in
all points of
law to act
3. cannot be
removed in a
direct
proceeding

3. may
be
ousted in a
direct
proceeding
against him.

DE FACTO
OFFICER

INTRUDER

1. officer under 1. one


who
any of the 4
takes
circumstance
possession of
an office and
s mentioned
undertakes to
act officially
without any
authority,
either actual
or apparent
2. has color of 2. has
neither
right or title
lawful
title
to office
nor color of
right or title
to office
3. acts are valid 3. acts
are
as to the
absolutely
public until
void and can
such time as
be impeached
his title to
in
any
the office is
proceeding at
adjudged
any
time
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
compensatio
n for services
rendered

4. not entitled
to
compensation

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
RELATIONS:
1. by appointment; or
2. by election

OF

OFFICIAL

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
appointment.

written

evidence

of

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
appointment
Made during
the
legislative
session
Made
only
after
the
nomination is
confirmed by
the
Commission
on
Appointments
(CA)
Once
confirmed by
the
CA
continues
until t he end
of the term
of
the
appointee

Ad
interim
appointment
Made during
the recess
Made before
such
confirmation

Shall cease to
be valid if
disapproved
by the CA or
upon the next
adjournment

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
degree
either of
within
the 3rd
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.

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.

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.

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
employee who is formally charged of
offense may be separated from the scene
his alleged misfeasance while the same
being investigated (Bautista v. Peralta,
SCRA 223)

an
an
of
is
18

- 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
INVESTIGATION
[Sec.51,
E.O.292]

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

1. not a penalty

1. Punitive in

2. no

2. If

but only a
means of
enabling the
disciplinary
authority to
conduct an
unhampered
investigation.
compensation
due for the
period of
suspension
even if found
innocent of
the charges.

character

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

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
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, p126126)
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.
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)
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

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.

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 partylist 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 membership 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

3.

4.

5.

6.

the House of Representatives. Thus, they


must show that they represent the interest
of the marginalized and underrepresented.
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;
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.
the party or organization must not be an
adjunct of, or a project organized or an
entity funded or assisted by, the
government.
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) naturalborn 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
POSITIONS

LOCAL
POSITIONS

1. 120
minutes
for TV

1. 60
minutes
for TV

2. 180
minutes
for Radio

2. 90
minutes
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 PreProclamation 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
proclamation of results of election.

from

QUO WARRANTO QUO WARRANTO


IN ELECTIVE
IN APPOINTIVE
OFFICE
OFFICE
1. determination 1. determination
is eligibility of
is legality of
candidateappointment
elect
2. when person 2. court
may
elected is
determine as
to who among
declared
ineligible,
the
parties
has legal title
court cannot
to office
declare 2nd
placer as
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 votebuying 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 culpritcandidate, 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 CORPORATION


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 selfreliant 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
CORPORATION

PRIVATE
CORPORATION

1. established for
purposes
of
administration of
civil and local
governments

1. created for
private aim, gain
or benefit of
members

2. creation of 2. created by will


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

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

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

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 nonpolitical 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)