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ADMINISTRATIVE LAW AND ELECTION LAWS
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ADMINISTRATIVE LAW AND ELECTION LAWS
Administrative agencies can interpret the law Recourse when rules promulgated is in the exercise
because going to courts is costly, and the party must of quasi-legislative function: Petition for Declaratory
bring a case of actual controversy. Relief.
3. Interpretation of the facts based on the law If there is a petition from a group or private individual
- Determine how to implement law but not for the increase of fare, and the administrative
how the law should be agency ruled on such matter- Quasi-judicial
function. Notice and hearing is required.
Ex. DPWH – power to remove obstruction in
waterways, even fish cages or other platform as long QUASI-JUDICIAL
as it impedes the flow. SC held that executive power
There is a controversy, and gathering of evidence is
is not only limited to enforcement, but the power to
involved in the process.
determine the facts is incidental to the main function
to implement the law. Rules of Court is suppletory in character. The Rules
are applicable only when the Administrative
To determine if it is rulemaking:
Procedure is lacking.
a. Determine if there is an existing law, or at
Technical rules on evidence are not applied.
least a provision of the Constitution
Lawyers may or may not be involved in the process.
- If none, then it is a lawmaking power
b. Ascertain if the rule promulgated pursuant to Adjudication of the cases in Administrative Agencies
the law is valid, following the two tests: have limited jurisdiction and it is based on what is
a. Completeness test provided by law. Compared to those exercising
- Law must be complete and it must not general jurisdiction that is vested in courts, they may
delegate the authority to another exercise functions even in matters not provided by
department. There must be nothing left but law.
enforce the law.
- A law is not complete if there is discretion on Jurisdiction is acquired:
the part of the enforcing body. Ex. “the
a. Over the subject matter
courts shall determine the penalty for
violators.” The subject matter are provided for by law.
b. Sufficient standard test
- To guide the implementor by setting Ex. Government Employee is under the jurisdiction of
the Civil Service Commission.
boundaries or limitations
- Ex. Ynot v. IAC- the confiscated meat may be b. Cause of action
disposed by the Department as it may deem
necessary This is subject to the provisions of law granting such
agency power.
Notice and hearing requirement is not required for
rulemaking Ex. CSC cannot resolve issues who would handle the
salary of the husband.
- When the law only has general application or
applies to a particular class c. Over the parties
- Publication is needed for the rule to be
The complainant or petitioner files the complaint.
effective
The agency acquires jurisdiction over the party upon
Ex. Rate-fixing of minimum fares in jeepney the filing of the complaint. Jurisdiction is acquired
over the defendant or respondent through proper
When there is no petition or adversarial procedure, service of summons or voluntary submission. The
notice and hearing is not required. The defendant submits to the jurisdiction with a caution
administrative agency can simply promulgate that he can question the jurisdiction.
based on the law.
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ADMINISTRATIVE LAW AND ELECTION LAWS
If the administrative agency has no jurisdiction over a. Has not commenced any action or filed any
the subject matter, the petition must be dismissed. claim involving the same issues in any court,
tribunal, quasi-judicial agency and to the
Due Process Requirement must always be observed.
best of his knowledge has no such other
In the event that the requirement of notice and action or claim is pending therein;
hearing was denied, the party may appeal. b. If there is such other action or claim, a
complete statement of the present status
For custodial investigation: not as strict in enforcing thereof; and
the Constitutional Rights c. If he should learn that the same or similar
action has been filed or is pending, he shall
Administrative Agencies has their own set of rules. If
report that fact within five days to the court
they have none, then the provisions of the
wherein his aforesaid complaint or initiatory
Administrative Code must be followed. Rules of
pleading has been filed.
Court has suppletory character.
Forum Shopping
Due Process in Administrative Agencies (Ang Tibay
v. CIR) - Can be committed even if one is a judicial
court and the other is a quasi-judicial
1. The first of these rights is the right to a
agency.
hearing, which includes the right of the
Verification
party interested or affected to present
his own case and submit evidence in Notarized statement. A pleading is verified by
support thereof. an affidavit that an affiant has read the
2. The tribunal must consider the evidence pleading and that the allegations therein are
presented. true and correct of his personal knowledge or
3. The decision must be based on the evidence based on authentic records.
presented by the parties.
4. The evidence must be substantial, relevant This is usually included in the certificate of non-
as a reasonable mind to accept as forum shopping.
adequate to support the conclusion.
Judicial Affidavit Rule
5. The decision must be rendered on the
evidence presented at the hearing, or at Witness testimony is prepared in writing and in a form
least contained in the record and disclosed of question and answer. When the parties go to
to the parties affected. courts, the other party would proceed to cross-
6. The tribunal must act on its own independent examination instead of conducting direct
consideration of the law and facts of the examination.
controversy, and not simply accept the views
Right to Counsel is not necessary in Quasi-judicial
of a subordinate in arriving at a decision
proceedings
7. The tribunal should, in all controversial
questions, render its decision in such a Luniqued Case: The procedure is composed of a
manner that the parties to the proceeding committee. The first day of hearing, Regional
can know the various issues involved, and the Director has no counsel. He requested for a reset that
reasons for the decision rendered. was granted by the committee. On the next
scheduled hearing, the respondent did not appear
Principles under Civil Procedure Applicable:
nor his counsel. As such, the committee decided to
Certificate of Non-forum shopping proceed and recommended the dismissal of the
Regional Director. The SC held that even without
A reminder that a person must not resort to Forum
counsel in an Administrative Case, there is no denial
Shopping.
of due process because the respondent should
To certify under oath asserting a claim that the party: know, considering his high degree of education.
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ADMINISTRATIVE LAW AND ELECTION LAWS
Doctrine of Primary Jurisdiction on Prior Result when there is urgent need for judicial
intervention
- Courts will not proceed to decide on the when there is unreasonable delay or official
case for the administrative agency has inaction
necessary expertise on such matters when there is no other plain, speedy or
- Action of courts: adequate remedy provided by law
o Courts shall refer the case to the when there is estoppel on the part of the
administrative agency instead of agency concerned
resolving the case; or when there is great and irreparable
o Dismiss the case outright (Sir Ngolob’s damage which can only be prevented by
opinion: dismissal is not the proper court action
when the resort to administrative remedy will
procedure but more appropriate to
amount to the nullification of a claim
archive for revival after decision
when the law specifically provides that the
reached by the appropriate issue shall be brought up to the court
administrative agency) when the subject matter is private land in
- May be a defense by the Defendant if he land case proceedings
wants to bring the case to proper
administrative agency and the court may Principle of Qualified Political Agency:
motu proprio refer the case
- due to multifarious functions there are those
Doctrine of Exhaustion of Administrative Remedies
that may be acting as President’s alter ego
- Once a case was lodged in administrative o deemed the decision of the Office of
agency, the parties must exhaust all the President so as not for the parties
administrative remedies before the matter to go to the President himself
- secretary’s decision is the President’s
be brought to the Court
decision
- Parties went to the administrative agency first
o some administrative agency are of
before they went to Court
the same level with the RTC
- Courts will not entertain the case filed unless - however there are decisions that can be
all remedies were exhausted by the party, appealed to the CA
otherwise the filing of a case in court while
pending in a quasi-judicial agency will result Judicial Review
to forum shopping.
Q: there is a pending administrative case. Ten - exercised by all courts whether from an
days after the receipt of a decision, the party agency exercising quasi-legislative or quasi-
filed a complaint in court. judicial agency
The running for period to appeal will not be - Political Question- not decided by court but
suspended. by the people
o Changed the trend that the court will
Administrative Remedies of the Party: not decide on matters that is a
political question
1. Appeal
o Every act of the government is now a
2. Motion for Reconsideration subject of judicial review but is not
Exception: abandoned for there are instances
that should be left to the sovereign
power.
when the issue involved is a pure question of
- Plain administrative actions are brought
law
through ordinary action
when the due process is clearly violated
o Court of general jurisdiction
when the administrative action is patently
- Quasi-legislative functions
illegal amounting to lack or excess of
o Mode of appeal under Rule 43 and
jurisdiction
brought to CA
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ADMINISTRATIVE LAW AND ELECTION LAWS
Disqualification of Voters
Registration of Voters:
Process:
1. Filing
2. COMELEC conducts a hearing to determine
the qualifications
COMELEC either:
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ADMINISTRATIVE LAW AND ELECTION LAWS
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ADMINISTRATIVE LAW AND ELECTION LAWS
- The Sectors shall include the following: foundation, organization whether directly or
o labor, through any of its members or indirectly
o peasant, through third parties for partisan election
o fisherfolk, purposes
o urban poor, Violates or fails to comply with laws, rules, or
o indigenous cultural communities, regulations relating to elections
o elderly, Declares untruthful statements in its petition
o handicapped, Ceased to exist for at least one year
o women, Fails to participate in the last two preceding
o youth, elections or fails to obtain at least two
o veterans, percentum of the votes cast under the party-
o overseas workers, and list system in the two preceding elections
o professionals. (Rationale: have no strong following)
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ADMINISTRATIVE LAW AND ELECTION LAWS
- Senatorial candidates may be less than 12 - She won as Mayor and some of her co-
parties.
Election Period- when the Election laws takes effect.
- A petition was filed alleging premature
Prohibited acts as mandated by the Election Code
campaigning
takes effect
- COMELEC decided against Penera, so she
Campaign Period was disqualified. Case was brought to SC
- SC defined Premature Campaigning as an
- National Candidates- February 12, 2019- May act of doing a campaign for or against a
11, 2019 party prior campaign period committed by a
- Local Candidates – March 29, 2019- May 11, candidate. A candidate is a person who has
2019 duly filed his CoC but is considered only a
- Maundy Thursday and Good Friday candidate during the campaign period.
candidates cannot campaign on said dates Thus, Penera was still not a candidate when
they campaigned around town.
Filing of Certificate of Candidacy- a condition
before a person can be elected in the public office. Elective Officials v. Appointive Officials
Requirements for Certificate of Candidacy: - Not deemed resign for their term of office is
from July 1 to June 30.
Common Contents:
- If the elective officials are deemed resigned
a. Office aspired for upon filing of CoC, then we deprive the
b. Name of aspirant electorate representation.
c. Age - Appointive officials are deemed resigned for
d. Sex there is a grave danger that they would use
e. Civil status official time for personal reasons.
f. Place and date of birth
Limitation for ballot: 30 characters maximum space
g. Citizenship
for candidates
h. Execution of sworn renunciation of foreign
citizenship Campaign Medium:
i. If married, name of spouse
j. Address for election purposes 1. Audio-visual
k. Legal residence, exact address and number - With limitations with respect to the minutes,
l. Barangay, city, municipality and province eg. TV ads
where aspirant is a regular vote 2. Print media
m. If under political party, accompanied by - Regulations and limitations which now
certificate of nomination and acceptance included social media
- To be treated as a candidate running under
Note: social media is not included for election
political party
expenses.
- Political party had nominated that person is
really a member of a political party Expenses allowed:
- Can be used by coalition
1. Independent Candidates
Premature Campaigning
-P5/ registered voter in the constituency where
Case: Penera v. COMELEC they are running for office
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ADMINISTRATIVE LAW AND ELECTION LAWS
- Example of prohibited act: feeding people in - Can discuss more matters with respect to the
the political rally problems each sector face
- More effective than a rally for rally cannot be
Limitations:
controlled
1. Streamers- 3ft x 8ft 3. House to House
- Only during rallies or gatherings - Knocks on each house within the area and
- 5 days before the conduct of rally or ask the members of the household what they
gatherings need (eg. Housewife)
2. Poster- 2ft x 3 ft
Prohibition:
- In designated posting areas
- Political parties and candidates within the 1. Foreigners not allowed to campaign for any
locality can agree how to share the area candidate
- Can post in private places as long as the 2. Government officials and Employees
owner consented - Mere utterances of one’s preference is not a
3. Leaflets- maximum size is 8.5 in x 14 in violation but if the Employee is campaigning
4. For public transport for a candidate then it is a violation
- To be displayed with limitations - EXPN: those also running
- Vehicles owned by the government is strictly
Permit
prohibited
- Rally or political parties issued by the
SC: freedom of expression but qualified the use of
municipality
PUVs that the owner must apply for the permit
- Ministerial duty of the municipality to grant
coming from COMELEC and LTFRB and payment of
unless there is a conflict like a prior scheduled
required fees.
political rally or there is danger
5. Letters written to individual voters
Misrepresentation and Credentials
Destruction of campaign materials is a violation of
- Depends on the voters
the Election Laws
Case: Married woman Candidate won for Mayor.
A candidate may establish headquarters
She used her husband’s surname during the election.
- National- 1 each region When she was the incumbent mayor, her marriage
- Governmental- 1 within the province and 1 was annulled. She made a survey and found out that
each municipality her husband’s surname is more popular. When she
ran for the next election, she used her husband’s
How to conduct a campaign
surname in filing the CoC.
- TV ads, survey
Surveys
Survey post-election- must maintain a distance from
- Conducted when candidates have already
the precinct/ voting place
filed a Certificate of Candidacy
1. Rally/ political rally - COMELEC: those who would release falsified
- Conducted by a candidate in a place election survey can be held liable
whereby he would hold speeches - Conduct of surveys during election day must
- General audience, not selected by the be away from the precinct (it is still a means
candidate to garner votes. Bandwagon mentality)
- Somehow display of his strength - (Note: according to COMELEC Resolution
2. Caucus No. 3636, pollsters shall not conduct their
- Audience are selected or invited, from surveys within 50meters from the polling
particular sectors place)
ELECTION DAY
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ADMINISTRATIVE LAW AND ELECTION LAWS
Voting Place
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