Ssn ffels €otlege

COLTEGE OF LAW

rnernor eid
Political Law

Constitutional Law I
Constitutional Law ll
Election Law
Administrative Law
Law on Public Officers
Law on Public Corporations
Public lnternational Law

Jl-
/51_4 zotl cENTRALIZED BAR opERArtoNS
 GerueRll PRtr,tctpLEs 2.[nitiative -
the power of the peopte to propose
amendments to the Constitution or to propose and
SUFFRAGE enact legislations through an election called for the
The right to vote in the election of officers chosen by the purpose. lt is the "people-powe/, feature of the
people and in the detennination of questions submitted to
Constitution (Sec. 3 (a), RA 6T3A)..
the peopte (Nachura, Oufline Reviewer in politial Law, 3. Plebiscite - the electoral process by which an initiative
2009, p.'513). on the Constitution is approved or rejected by the
people; it also the means by which the votens in affected
Nature of suffrage areas consent or object to the change in the form of
1.lt is a right created by law, not a natural right, and an localgovemment (Sec. 3 (e), RA 6739)..
expression of the sovereign will of the people, 4. Becall - a mode of removal of a local elective official by
2. lt is a privilege because its exercise is not granted to the people before the end of his term of ofiice (Garcia v.
everybody but to the percons or class of pensons as are COMELEC, GR. No. 111Slt, Octobr 5. 1993).
most likely to exercise it for the purpose of public good
(Sfl n Conpilation of SC Rultngs on Etection Cases,
5. Election -
the cholce or selection of candidates to
public office by popular vote through the use of the
February 20A4, p.51. ballot. Speciflcally, it may refer to the conduct of the
potls, including the listing of votens, the holding of the
Main object of wffrage glectoral canpaign, and the casting and munting of
The continuity of govemment and the preservalio_43rrd *Elpt1and canvassing of retums (Sec; 3 (b), AM.-No.
perpetuation of its benefils. This rr*
, :l 'r
;r-
q{+r5-SC, May 15,2007).
1. To enable the people to choose < + ***"rLJ
through election; and gArr sfrffi&of ^M
2. To determine their will on questions
through plebiscite, referendurn, i
-
one provided by law for the election
the state, or certain suMivisions
(SEI, A Compilation of SC Ru/rhgs
at stated intervals fixed by law, to
February 2A04, p.6).
are to succeed to the office upon the
full terms of incumbents (20 C.J,, i6;
Regulati6n of suffrage 1]',
CorEress hc unlimited powerto enact
right of suffrage, and, in the exercise of to
, is not a regular election because the
suppress whatever evils may be incident t0 rof in by youth with ages ranging from
public ofiicers (SEI, A Compilation af €{t 15-18 per R.A. 9164), some of whom are
Hection Cases, February 2A04, p.7).
voters t0 elect local or national ebctive
(Pans v. COMELEC, G.R. No. 1136tg,
Theory of popular sovereignty
4,1996).
The Philippines is a democratic and republican Stale.
Sovereignty resides in the people and all govemment
authorig emanates from them fsec l,
Att. Z,
2. S.pecial - one provided for by law under special
circumstances such as when an election is.held t6 Rn a
Constitution). vacancy in an office, or when an election is being held
because a certain proposal is submitted to the vote of
Types of Suffrage [R.I.P.R.EI the qualified electors eA C.J., 56; 1g Am. Jur., lgt).
1. Referendum - the power of the electorate to approve
or reject legislation through an election called for the System of election adopted in the phiiippines
purpose (Sec. 3 (c), RA6735).
Since 1901; the Australian system, Rrii conceived by
Francis Dutton, a member of the Legisiature of South

EXECUTIVE COMM|IIEE SSBJECT COMT;;11EE

MEMBERS
IAN MICHEL GEONANGA overqll choirpenon. ERIKA MARIE GALLEGO subjecl
choir, Mork
JosE ANGELO DAVID choirperson for VEDA MARIE VEDAN ossistonl suu;eli Richelle Joshuo Angel,
ocodemics, RUTH ABIGAIL ACERO choirpenon choir, IAN DANIEL GALANG Joy Belgiro, Joy
for hotel operofions, JR RECALDE vice- KENNFIH ReceNoru constitutionol low't;.oo, Somontho Coruflgoy,
choirperson for operolions, MARIA cnRuen LUCTLLE GAYE MORENO cdnstitutionqi b"-i"1"''p"rr*t".nion,
HAUTEA vice-choirperson for secretoriot, MARK low 2,
Josmine Rose Moquiling,
JACK BRYAN HUFANO Jonelle Mupos, cesor
ABILo vice-choirperson for finonce, RYAN odminisirotive low ond low on public
IIGGAYU vice-choirperson for electronic dolo officers, ANGELo ABELLA low
Ruperto ong, Rolen
processing, JOMARC PHILIP DIMAPILIS vice- corporotions, KRISTINE
on public pqulino Jr., Gelocio
GRACE MENESES Riverq lv, Florion
choirperson for logistics election low, YVETE MARIE soLA public solcedo. chorisse
internoiionol low Toiedo. Felix Michoel Vilo
Australia. The distinguishing feature of the system is strict Jurisdiction
secrecy in balloting (Martin and Martin, Administrative Authority to decide cases in the first instance (Sec. 3, Art.
Law, Law of Public officers and Election Law, Revised tX-c, constitrfion),
Edition, 1983, pp. 310,311).
General Rule: The COMELEC sitting en banc does NOT
Election period have the requisite authority to heaiand decide election
Unless otherwise fixed by the Commission in special cases in the first instance, This power pertains to the
Mfore
cases, the election period shall commence 90 dap divisions of the Commission. Any decision by the
(Sec.
the day of 'eledion and shall end 30 days thereafter Commission en Mne as regards election cases deched
9,Attlx-C,l987Constitution). by it in the fint instance is nult and void (Abad v.
COMELEC, GRNo iZAgTT, Deember 10,Iggg).
Campaign period
1. Presidential and Vice Presidentiat Election - g0 days; Exceptions:
2' Election of Members of Congress and Local Election - 1. When what is involved in the case is purely
45 days; and _ administrative, and notquasi-judicial in nalure;
3. Barangay Eleclion - 15 days Z. When the required numberof votes to reah a decision,
4' Special Election under Arf. Vll/, Sec. 5, Subsection (2) resolution, order or ruling is not obtained in the division
of ffie Condihlion - 45 days. (Ganida v. Sales, Jr., G.R. Na. i24ggl, Apil Ig, igg1)',
3. Wiere the petitioner invoked the jurisdiction of the
The campaign periods shall not include the day_!pfo6*--1,**WELEC en Danc, participated in iis proceedings and
andthedayof theelectionfsec.3*OFC). i'"
1f"' ,:i"\ ffiqdt-rclief therefrcm,
therefrom, in which instance
Wght"Telief insrance he is is
ftWpBed to sffiuently question the jurisdiction of
banc (Ramkez v. COMELEC, G.R.
Tue coumrsstoN on effi#St$-€ca *ltolJffir.nmr, za, ttignt
postponement, declaration of faiiure of
Purpose calling of special elections (Loong v.
To ensure purig of ebctions, outside R. Na. 133676, April 14, 1999); aN
political parties, the legi$ative, en Mrac has the power to prosecute
department; it is an independent tribunal and in the exercise of such prosecutory
On flw Poweraf the Cwmission on
lilegal Rryistration of Voters,' Philippine
@ preliminary irruestigation, decides
therc exists a probable cause and files
information in court. (Faelnar v.
Composition . Nos. 144850-51, May 4, 2000).
The COMELEC is composed of a Chairman
Commissioners (Art. lX, Sec: I (1),1987 iurisdiction of COMELEC
COMELEC is vested by the Constitution with the
Qualifications of members [N.A.C.E.M! exclusive charge of the enforcement of all laws relative to
1. Natural-born Citizen; the conduct of elections, the assumption of jurisdiction by
2. At the time of their appointment, at least 35 years of the trial court over a case involving the enforcement of the
3ge; Election Code "is at war with the plain constitutional
3. ilolders of a gollege degree; command, the implementing statutory provisions, and the
4. Musl not have been candidates for any glective hospitable scope afforded such grant st authority so clear
position in the immediately preceding elections; anq unmistakable in recent decisions" (Zaldivar v.
5.taiority, including the Chairman, shall be a 4ember of Estenzo, G.R lr/o. 26065, May 3,'.1969).
the Bar who has been engaged in the prmtice of law
b at least 10 years (Att. IX, Sec. 1 (1), Constitution). Judicial review of GOMELEC decisions
Section 7, Article lX of the 1987 Constitution-confers on
Appointmen the Supreme Court the power to review any decision,
The President with the consent
of the Commission on orderor ruling of the COMELEC, but limib such power to
Appointments shall appoint the Chairman and the a final decision or resolution of the COMELEC en
Cqnmissioners for a term of seven (7) years without banc, and does not extend to an interlocutory order issued
e4pointment. by a Division of the COMELEC (Cagas v. COMELEC,
:n N0 case shall any Member be appolnted or designated G.R. No. 194139, January 24,2AQ|
n a temporary or acting capacity (Att tX, Sec. 1 (2),
btstitution).

Sex Broa Correce or Law

2013 Crxrnruzeo Brn 0rEnarrons
 Jurisdiction to order special elec{ions
COMELEC has no power to cafi for the holding of special
elections unless pursuant to a specific stairtory grant
(Datu Michael Abas Kda, etc., et at. v. Senate of the
Philippines, etc., et at. G.R. No. lg627l. Octopr lg,
2011).
The power to fix the date of elections is essentially
legislative in nature. By so doing, Congress itself has
made a policy decision in the exercise of its legislative
wisdom that it shall not call special elections as an
ad.iustment measure in synchronizing the ARMM elections
with the other elections. After Congress has so acted,
neither the Executive nor the Judiciary can act to the
contrary by ordering special elections instead at the cail of
the COMELEC. The Court, particutaly, cannot rnake this
call without thereby supplanting ihe legislative decision
and effectively legislating (Abas Kda y. Senate G.R No.
1 96271. Wobr 1 8, 20't I ).
Jurisdiction of trial courts before " 1r;
The trial courts have no jurisdiction
to enjoin the constuction of public
ttS days before an election (Galtardo v. GR.tAfiGE filhl*A!€rr
104848, January 29, 1993).
POWERS A$ID FUNCTIO}IS OF THE
1. Enforcernent and administraiion of
regulations relative to fie conduct
plebiscite, initidive, referendum or recall
Purpose: To protect the integrity
suppress all evils that may violate
defeat the will of the voters (Maruhom v.
G.R. No. 139357, May 5,2000).
The ballot boxes may be opened in case there is
election contest. They may also be opened even if
there is no election contest when their contenb have
to be used as evidence in the prosecution of election
frauds. Moreover, they may be opened when they are
the subject of any official irvestigation wtrich may be
ordered by a competent court or other competent
authority. The choice of
means taken by the
Commission on Elections, unless they are itearty
illegal or constitute grave abuse of discretion, should
not be interfered with (Cauton v. Commission on
Hections, G.R. No. L-25467, Apfl 27,1967).
The COMELEC, despite its rcle as the imptementing
arm of the Government in the enforcement and
administration of all laws and regulations relative io
the conduct of an election, has neither th€ authority
nor the license to expand, exlend, or add anything to
the law it seeks to implement thereby. The lRRs the
COMELEC issues for that purpose should always
11C SIN Broa Corrpe r or Law
2013 CeHrneuzED BAR Ore nenons
accord with the law to be implemented, and should
not override, supplant, or modify the law (Lokin v.
Commission on Hections, G.R. Nos. 14g4i,3l-32 et
al., June 22, zAIq.
2. Ensure free, honest, orderly, credible, and peaceful
elections (Secflon 52, B,p. gBI).
It does not include the power to annul an election
involving the Presiden! Vice-president, and the
Members of the Congress, which may not have been
frce, orderly, and honest, as such power. is merely
preventive, and not curative (AMs v, COMELEC,
G.R. No. 28348, Decemfur lS, 196|).
3. Rule making power
4. Quasi-legislative functions
5. Quasi-judicial power
6. Contempt and subpoena
.i!t
. iri
&
writs and processes
control and supervision over the Automated
RA 8436)
v. COMELEC (G.R. No. 1AA456,
r),the sc hetd that the CoMELEC did
and responsibility under Sec. 26
the vlew the SC takes of the automation
of Smartmdic TtM Corporation is
the goods necessary fur the
such as but not limited to the pCOS
electronic transmission devices and
and the like. As lessees of the goods
equipment, the corporation and its
provide assistance with respect to the
to be used by the COMELEC which, at the end
the day, will be conducting the election thru its
ln
Giving. to the Provider (Smartmatb TIM) the access keys
- both the private and pubtic rccess keys,is like giving io
the system administrator of yahoo or
-Hotmail
one's
private password to his or her email account. The private
key ls supposed to be private to the Chair of ffie Baad of
Election /nspecfors, generated by him and unknown to tha
Provider. Qthewise, the prouider wiil have the capacity to
after the election .results at thie precinct leyel. Worse, even
the private keys at the canvassing level are generated by
the Provider, allowing the provider to change the election
results at the canvassing level. Clearly, the COMELEC
has abdicated control over the elections to the provider,
putting the integrity and outcome of the 10 May 2010
e_leclions solely in the hands of the provider (Roque v.
COMELEC, G.R" No. IA8456, Sepfember i0,'200g,
Jusfice Carpio dissenting).
Specific powers of COMELEC
1. Declare failure of elections This stand-by power, however, does not apply to fixing the
2. Call for special elections date of regisiration of votes because Sec. g of R.A. gl gg
3. Postpone elections (Section 5, B.P, 881) or The Volels Registration Act of lgg1,which provides for
4. Conect manifest enors in election documents a continuing regisiration of voters, specifically'states that:
After proclamation, any alteration or amendment "No registration shall, however, be conducted during the
be
whether due to clerical erTor or otherwise, cannot period starting one hundred twenty (120) days befJre a
court
mde without the intervertion of a competent regular election and ninety (g0) iais n.fr6 u ip*.irf
(De Leon v. lmpaial, G.R. No. S7SB, March JA, edction.
1954).
With the introduction of the PCOS System pursuant Powers not granted to the COMELEC:
to R'A 9369, every copy should be as good and- as 1, No power io decide questions involving the right to vote
clear as the fimt one. Hence, the problem ofrnanifest
'Avita, fsecfion 2 (3), Att. tx-c, 1gg7 constititionl
enors might be a thing in the past (R. 2, No power to include and exclude voters (Canicosa v.
Fundamentals of Election Lait, p. Sg,2010). Cammission on Elections, G.R No. llllib, December
5. frer recanvass sf votes S , lgg1).
May be made even after proclamation where its valid
orderdirecting the suspension oJ the proclamation of Cunently, jurisdiction to decide controversies on inclusion
serves or exckrsion of volers belongs to the Municigal Trial Court
a candidate has been viotated for such order
to nulliff the continuation of the canvass*aJr.{- ,n-(se6@n-l3g,Artictexil,B.i.ggi).
consequently, the proclamatiortr$f lhe canoib"ate\ti 'i sffiS lfi to i48 oi tn, ornious
Etectjon Code have
th_e-contested position pavier v.Qlrflrc,"G.ff1fl, offidiiied to the extent rhat they are
22248,January 30, 1965). Ef,
;ffi-r-p.lred
At* Sfrftftisiert*itffi;ilon.oinn. SfSgorthe Votels
6. Annul or suspend proctamation ot dffififiildbt6c c frryiftiffi
(Sa/cedo, Jr. v. Comdssion on
L'16835'lutv26'",t&pr,""
L-16835, July 26, 19601
7. Annulan illegal canr
8. Tnanserporinspraces*(sec.iJ1ltffiti,r,p:..ffi
L$S? f :I
d#rRAroN oF vorERs
j ffi^.;;;;";;;
i i;1_'t:HE.::.::.i:.:.::.:.:.:.:::
: ino
e. Transrer venue or canvassing ot
O Taaafar
^3
:

Resotutian e574)
'aa.'^
"offidtrm#e*-T: ......:
10. Order opening of baltot boxes
XH! \ iQffiFfre$fi,rs or voreris 1c-n:n.cij i$. i,'}6
Bec. WfoE/t )00,
s.P.881) SHh .". i ffizEffi# Fitipino citizen;
11. ccnduct iniuative and ptebiscite (sec. z ; jkAg$U$ast years
fffihDba*r-'"/E$fffie 1il of age;
constiffiion) El&fl - resiient oi tni pnitippines for at teast 1
12'Deputizationofpeaceofficerswdoftheplacewherenepioposestovoteforat
*";pF"effi;t
13. tnvestigatory prosecutorial power
and 6 months;
The Commission is rcting analogous to the disqualified by law.
Ombudsman with its
investigatory and
prosecutory powers (Pimentel, Jr. v. Commission Note: No literacy, property, or other substantive
on Elections, et al., G.R. No. 126394, April 24, requirement such as education, sex or taxpaying ability
1998). shall be imposed on the exercise of suffrage 1SeC, t, Ai.
14. Depnization of or endorsement to prosecutors V, Constitution).
Under the Constitution, the deputizing should be with
the concunence of the President (Aft. IX-C, Sec. 2, As to citizenship requirement
par.4). It is incumbent upon one who claims Philippine citizenship
to prove to the satisfaction of the court that he is really a
$and-by power of GOMELEC Filipino, No presumption can be indulged in favor of ihe
lf it shall no longer be reasonably possible to observe ihe claimant of Philippine citizenship, and any doubt regarding
periods and dates prescribed by larv for certain pre- citizenship must be resolved in favor of the state (Go v.
dection a:ts, the Commission shall fix other periods and Rarnos, G.R. No. 167569-70, September 4t 2009).
dates in order to ensure accomplishment of the activities
so shall not be deprived of'their suffrage (Sec. 29, As fo age requirement
'oters
tA U36 & Sec. 29 of R-A 6646 or The Hectorat Any penon, who, on the day of registration may not have
reached the required age or period of residence but, who,
, dhe 1987 Constitution). on the day of the election shall possess such

SAN BEDA Coirror or Law 111

2013 CrNrnauzso Ban Orrnarroxs
 qualifications, may register as a voter (Sec. g, R.A. gigg
Registration does not confer the right to vote; it is but a
or The Votels Registration Act of lg96). condition prgcedent to the exercise the right.
of
Registration is a regulation, not a qualification (yra v.
As fo resrUence requirement Abano, G.R. No, 3A187, November S, ig2g).
ln election cases, the Court treats domicile and residence
as synonymous terms. Both import not only an intention to Registration record
reside in a fixed place but also personal presence in that application for registration duty approved by the
place, coupled with conduct indicative of such intention. fn
Election Registration Board (Sec. 3 (b), R.A g1g9 or The
Domicile denotes a lixed permanent residence to which Voter's Registration Act ot lgg6).
when absent for business or pleasure, or for like reasons,
one intends to retum (Pundaodaya v COMELEC, G.R No. Book of Voters
179313, Septgmber lT, ZAA\. Compi$ion o1ail registration records in a precinct (Sec.3,
RA 8189 or The Vofer's Registration Ad of lgg6)
Any person who transfers residence to another city,
municipality or country solely by reason of his occupation, All registration records in possession of the election officer
profession, employment in private or public service,
shalt be open to exarnination by the pubtic for tqitimate
educational activities, wor.k in
military or
naval inquiries on election related matters (5ec.41, neblgg or
reservations, servbe in the army, navy or air force, the The Voter's Reglshafon A ct of I gg6).
constabulary or national police force, or confinement or
detention in govemment institutions in accodance-yib Voters
law, shall be deemed not lo hate. lost nis;'6rioitlli
5pl's t0 4 enumeration of names of registered voters in
residence (Sec. 117, Omnibus gectid&ndet. i. -:;-
As fo non-possession of
SAT'J
r_€Gc
Gi ffi{ily ffi ?il,li:,i trt!?}trf;'3x.#,#
There exists no presumption that a
vote and that the burden is in the voter
elector may vote in any election,
has tle qualificatiors and none of the
he must be registered in the
prescribed by lat {U.S. v. Tria, G voters for the cig or municipality in which
November 13, 1910; U.S. v. Rosales, 115, OEC).
October 16, 1914).
posting of the certifieO list of voters
DISQUALIFICATIONS OF \'OTERS:
prepare and post certilied list of voten
ll-D-N-ll (Sec. 1 1 8, AEC) lays before a regular election and sixty (60)
l.Person convbted by final judgment a special election and fumish copies thereof
impdsonment for not less than year, 1 flrovincial, regional and national centralfiles. Copies
padoned or granted amnesty; but right is reacquiGd
upon expiration of 5 years after service of sentence; - certified list, along with a certified list of deactivated
voten categorized by precinct per barangay, witrin the
2. Person adjudged by finatjudgment as having committed
same period shall lkewise be posted in the office of the
any crime. involving disloyalty to govemment or any
crime 4ainst national security; but right is reacquired
Election Oflicer and in the bulletin board of erch
city/municipal hall. Upon payment of the fees as fixed by
upon exphation of S years after service of sentence, the Commission, the candidates and heads of registered
and politicat parties shall also be fumished copies thereof
3.lnsane $ incompetent persons as declared by (Sec. 30, R.A. 8189 or The Votels Registration Act
of
competent authority. 1996).

REGISTRATIOII OF VOTERS Grounds when the list of voters will be altered:

Registration [0.E.
c-A.N.TI
Refens to the act of accomplishing and filing of a sworn 1. Deactivation/ Reactivation
application for the registration by a qualified voter before 2. Exclusion/ lnclusion
the election officer of the city or municipality wherein he 3. Cancellation of Registration in case of Death
resides and including the same in the book of registered
4. Annulment of Book of Votens
voters upon approval by the Election Registration Board 5. New voters
(Sec. 3(a/, R.A" 8189 or The VotBls nqistrAion Act of
6. Transfer of Residence
19e6).

112 SAN Beon Colleee or lew

2013 Cenrnauzeo Ban OrrnlrroNs
 System of continuing registration
deadline of voten' registration to October 31, 2009,
Tfie personal filing of application of registration of voters
instead of December
shall be conducted daily in the officb of the Election ].5, f!09, as previously fixed by
COMELEC Resotution No. g514. fne iOOeO preparations
Officer during regular office hours. No registration shall,
for the May 2010 Automated Elections was not a valid
however, be conducted during the period starting one ground to justify its non-compliance with the
hundred twenty (120) days before a regular election and system of
continuing voter registration under Sec, g of R A . gIgg.
ninety (90) days before a special election
fSec, g, R.A.
8189 or The Voter's Registntion Act ot 19g6).
Disqualifications to register as a voter The same
-
Congress itsetf has determined that the period of 120
qiryry:Igr the disquatifications for suffrage. (see Sec.
t1g, oEC)
days before a regular election and g0 days before a
special election is enough time for the COMEIEC to make
ILLITERATE OR PERSONS WTH DISABILITY
ALL. the necessary preparations wlth respect to the Refers to one who cannot by himself prepare
coming elections including: an
application for registration because of fris physical
1 . Complgtion of project precincts, which
is necessary for disabillty_andlor inability ts read and write (Sec.
the proper allocation of official ba|ots, election returns J, R.A.
8189 orTheVotels Regffiion Actof tgg6j.
and other election forms and parapirernalia;
2.Constitution
wvrruu.ur'rurr ut the
of IIre t'oaru of Eleciion
Board 0T lnspectors,
tsEctlon lnspectors, No voter shall be allowed to vote as illiterate or person
including the determination of ttre precirrcts io *rtrn with oisaoility / disabled, unless such fmt is indicated
urst -rrorr
they shall uv ctDDrgrreu'
be assigned;
."- *-".;**.**tha
-" trnc\fl or
*-IhSPCVL the r/nra/^
nr iha Voteis D^^i^r-^.:^ _ ^__-,J .^ .
Registration Record
in
3. Finalizing the Computr fSd. so,
rrthr;;i:ffiHfry; nswaionsiiti'Eer, o*'ire,ie)
+ superviiion
;iiliitsffffi$o1
5. Preparation, oiooins
lf$*
o! um*r* s ffin
l" --tJ'- nds)

nrormatonsheetsuchdetenninffi
well within the ambit of
Court is bound to mqmHmHffiffihdtiffi ,fi,i:ffs^*{i!L[
-"-#;1l'ilf,."ffi[iFF
Re'resenanue
Hections, G.R. No. 18gl I i r"ffi$ffii'ffi:iilffi'ff:itrfi
iof
'*ffi
Offceroiany atrinity or by the Etection
J***-,l
jFyrytl."ffi .il;; jdffif
'mr
Thesupremecourtuofi,f
raonlIliaa i^^.'i-^ lL^ -
,fg:l The oj:_.11i yffir,r
i ffid;ffib;#i,i Jirbibr
ffi
ffi i'g,x'rH::';r:T:^.T?3fl1Tr:
conduct special lf
::Tj:::iai.3l1g registration.
petition with the Court within tre teo-oaffiluitqe i **fq#trrctsTRATtoN BoARD

fg;1ill:hq:$Jffrttrlxf;
registration. Petitioners were not denied theil,llffit#r#'y.*,t*rn:y.tr,rH
avail of the continuing registration under RA gtgg. Tie
law aids the vigilant and not those who slumber on their
Composition:
rights. The right of suffrage ardenfly invoked by herein 1. Election Ofiicer as charrman
petitioners is not at all absolute (Kabataan parg-tist 2, Members:
Representative Raymond palatina v. Conmissioi on
a. Public school official most senior in rank; and
Hections, G.R. il0. 189869. Decembr iS, ?AAq.
b. Local civil registrar, or in his absence, the city or
municipal treasurer.
The exercise of suffrage, as the enjoyment of all other
rights, is subject to existing substantive and procedural No member of the Board shall be related to each other
requirement embodied in our Constitution, statute books or
to any incumbent city or munlcipal elective official within
and other repositories of law (AKBAVAN _ youth et al. v.
COMELEC G.R. No. 147066, Mach 26, ZAM).
le,fourtn civit degree of consanguinity or affinity (Sec. 1J,
R. A. 8 1 89 or The Voters Registration' AA
of rciiO).
The period within which voters may register to vote is set
Challenges to the right to regis{er:
by law and cannot be changed by mere resolution of the 1. Any voter, candidate or representative of a registered
Commission on
Elections. ln
Kabataan partv_tist political party may chaltenge in writing any
apftication
Representalive Raymond paldjno v. Commisson on
for registration, stating 'the groundl therefor. The
Elections (supra) the Court declared null and void
challenge shall be under oath and be attached to the
COMELEC Resolution No 85g5, which shortened the

Sax Beor Cor.trcr br tnw 111

2013 Crxrneuzo lll Ornenors
 application, together with the proof of notice of hearing
_ to the chaltenger and the appticant.
2. Oppositions to contest a registrant,s application for
inclusion in'thevote/s list must, in all cases, be filed
not later than the s9c9nd Monday of the month in
which the same is scheduled to be heard or processed
records. For this purpose, regular elections do not
inctude the SangguniirigkiOatain (SK) etectioni;
S.Any person who has fosf his Fitipino citizenship (sec.
21, n n. ilgg, voter,skegistration ed 0f 1gg6), aN

_ $tngEbctionRegistrationBoard. 6.Any person whose registration has been ofiered

3.The hearing on the
the chailenge shall be heard on
third MoMay of the month and the decision shall be
rendered before the e|d of the mgnth (See 18, R A
8189, Vatet's Registration Act of .1gg6).
-"
exituieobythecourt.
For this purpose, the clerks of court for the Municipal/
Municipal CinuiU Metropotitanl Regionat Trial Courts and

DEAc'vATroN oF
Deactfuation
REGrsrRATroN $&:?Hlt^il,l3til.:ii:ll[X*1H?trTi.:XfffiLli:
"oi-#;;r'
.. . certitieo risi ;ho are ctisquatified under
Process of deactivating the registration of certain persons, paragraph (a) hercof, with their addresses, The
removing theh registration records from the conesponding boniniison'*"y a certineO lis1of persons who
precinct book of' voters and placing the same in the "qtlest
have lost their Filipino Citizenship or declared as insane or
inqclive
file, poperly marked "deactivated" and dated in incompetent wi6r their addrcsses from other govemment
indelible ink' agencies (sec. 27, R.A |igg, vofer's Regisfuon Aa or
*\F-*''+
Causes of Deactivation[.C.t-2.1.{- i'"- ry.! -"
"
(Also, see deactivation unoer c@5c Rbso/Ilq :ldhdtdn ofiEfrf,ral
926s) post in the trunetin board or his
L^^-
1.Any person who has been ---1---ff1r **. Ttte$ftS.".ttm$ffii
sentencedffi,s&lgBg$
tnJ* proons whose registration
{iltfutd6ffiVf,m16 g,eieasons therefor, and fumish
to suffer lmprisonment f,9{
TJ
lt"t t@l: fqftrry"coFtrsuFrqmhe ro.ir neaos or poffticat parties, the
amnestv; rerncffi'b{
such disability not having been
S&h I r*** fcffi nn, national
fite, and the provinciar voter
pardon or
ffi i F I
s 0 w[* ii, forni?rg tratbn *:tof 1ee6).

May automdically reaquire the.

OF REGISTRATION
expiration of f-tve (5) years dter service
(Sec. 28, R.A. 8189. Vote/s
ceriified by the clerks of of 1996)
Munidpalftlunicipat Circuit /tvtetropolitan
registration has been deactivated may file
Coui'fs and the Sandiganbayan;
Officer a gwom apptication for
of his registration in the form of an aflidavit
2. Any person who has been adjudged by final
that the grounds for the deactivation no longer
hy a
.

competent court or tribunal of

causedicommrffed any grtme involving distoyalg lo 6e
duly constituted govemment such as rebellion, iedition,
violation of the anti-subversion and firearms laws, or
any cnme against national security, unless restored to
iiis fuliciviland political rights in accordance with larv;
lvlay regain the right to vote automatically upon
'
exlii"ation of five (S) years after servhe of sentence;
it. e,ny p€con declared by competent authorig to be
jrrsane or incampetent.
days Mfore a regular electian and ninety (90) days
bfore a spwial elec:tion;
3. Election Offner shalt submit said application to the
flection Reghtration Board'for appropriate action.
4.ln case the application is approved, tne Ebction Officer
shall ptrieve the registration record from the inactive
file and include the same in the conesponding precinct
book of voters;
5. Local heads or representatives of political parties shall
be proper,ly ptified on approved apptications.

May regain the right to vote upon declaration of a LOCAL AND OVERSEAS ABSENTEE VOTING
orcpei authority that such person is no longer insane or General Rule: A person must be physically present in the
in,:inpetent; polling place whereof he is a registered voter to be able
to
vote
:i. Acy oer.son whc dld not vote in the two(!) successive Exceptions:
precetlhtg regular elections as shown by their voting l.Members of the Bbard of Election lnspectors (secfion
169, OEC);

: i i1 3AN Brnt Co[ecE of LAw

?0'13 Crrurnnuzeo Ban OrenaloNs
 2. Any person who by reason of public functions and
duties, is not in his/her place of registration on election
day, may vote in the city/municipality where he/she is
assigned on election day: provided, that he/she is a duly
registered voter (E O. /5f, (subject to the rutes and
rEulations implemented by the COMELEC);
3. Overseas Absentee Voter - citizen of the philippines
who is qualified to register and vote under R.A. 9189 or
The Overseas Absentee Voting Act of 2003, not
. othenrise disqualified by laru, who is abroad on the day
of the elections.
Registration as overseas absentee voter
Availability
All citizen of the Philippines who is quatified to register
and vote under this Act ncfi othenrise disqualified by lar,
who is abrod on the day of elections fSec. 3 (f), R.A.
9189, Oyerseas Absentee Voting Act).
Requirementst
a.At least eighteen (18) years of the d4y of
elections; i.*,'5$ei
b. Not othenrise disqualified by law (s#41* sFQffe
R.A.9189): {:OLL€&€ {}F
c. Under Sectbn 8 (a) of R.A. 9189, the
a Philippine passport, and in the
certifcation of the DFA thd
appropriate documents submltted by
.it
found them sufficient to wanant the
passpo( or that the applicant is a
passport but is unable to produce the
reason.
i. in case of a seafarer, a photocopy of
Book or any other pertinent documenf or
ii, ln case of a dualcitizen, the originalor
copy of the Order of Approval of his
retain or reacquire his Filipino citizenship or Oath of
Allegiance issued by the Post or the Bureau of
lmmigration. (COMELEC Resolution 9269)
Disqualifred from registering (RA 9189 or The Oyerseas
Abenree tlnting Ad of 2003 and CAMELEC Resoftrtion
e269) [L-E.C-r.r]
1. Those who have lost their Filipino citizenship in
accordance with Philippine laws;
2.Those who have gxpressly renounced their Phiiippine
citizenship and who have ptedged attegiance to a
foretgn counfi; except dual citizens as refened
under Republic Act No. 9225, otherwise known as the
"Citizenship Retention and Reacquisition Act of 2003'.
3.Those who have committed and are gonvided in a final
judgment by a court or tribunal of an offense punishaMe
by imprisonmenf of nof /ess than one ( I ) yea, including
hose who have committed and been found guilty of
)n Disloyalty as defined under Article 137 of the Revised
Penal Code, such disability not having been removed
by plenary pardon and amnesty; provided, however,
That any person disqualified to register under, this
subsection shall automatically acquire the right to
regigter upon expiration of five (b) years after service of
sentence; and provided, further, That the Commission
may take cognizance of final judgments issued by
foreign courts or tribunals only on the basis of
reciprocity and subject to the formalities and processes
prescribed by the Rules of Court on execution of
judgments;
4.Any citizen of the Philippines abroad previously
declared lnsane or incompetenf by competent authority
in the Philippines or abroad, as verified by the phitippine
embassies, consulates or foreign service
establishments corrcemed, unless such competent
authority subsequently certifies that such person is no
longer insane or incompetent; and,
S.An lmmignnt or a permanent resideaf who is
as such in the host country, unless he
tF .I upon filing_of an applicatiorr for registration as
, an dfidavit declaring that:
snan aclual physical pennanent residence
pursuant to Section 5 of R.A, 9189:
ffii
ifrd r DET
b. He forcitizenship in another country.
ot*--rn of both COMELEC Resolution No. 8811
valid t' Resolution No. 9070, Detainee Voting
valid i of by any registered delainee whose
is not deactivated I cancelled,
Voting
either through the special polling place
or escorted voting.
fsec. 1, CAMELEC Resolution No. 8811, March
30,2A1A)
For purposes
oumo of detainee voting, a detainee is undeatood
to be any person:
-l.Confined in jail, formally charged for any crime/s and
auraiting/undergoing trial; or
2. Serving a sentence of imprisonment for less than one
(1) year; or
3. Whose conviction of a crime involving disloyalty to the
duly constituted govemment such as rebeliion, sedition,
violation of the firearms laws or any crime against
national security or for any other crime is on appeal,
to
Special polling places inside jails
Special polling places shall be established in jails with at
least one hundred (100) detainee voters who are
residents and registered as sulch in the municipality or city
where the iail tacility is located. ln case ol cities with
several districts, detainee voterc of districts other than the
district where the jail is located are entifled to vote in the
Sax Broa Cou-rsr or Law
2013 Cexruuzro hr
Orulnons
 special polling places inside the jails (sec. 5, }}MELEC Decisions of the MTCs may be appeated to the Regional
Resolution No' 8811 and ))MELEC Resotution No, Trial court within five tsi Ja1,s from receipt of notice
i'vtvt'
A//IAAI
thereof. Otherwise, said decision shall become final and

votersvoting:
I

Escorted Detainee :ffi::l'#-,ffi fiii::ii,I'fl,rtTfir:ifl,.jHx: jl; l

l

The following shall avail of the escorted the. decision snaff immeJiatefy become final and
1' Detainee voters who are residents/rEistered voters of executory. No motion for reconsideration shall be
municipalitieslcities other than the town/city of entertainbd (sec. 33, n.i.- t,fig or voter,s aegiiiation
incarcention; and Ad at 1996).'
2. Detaine voters in jail facilities where no Special polling
places are established. Provided, that said detainee Common goveming judicial proceedings
in the
the
poling place where they.are rqgistered (Secflon 36,
matter of-rules
voters obtained court orders allowing them to vote in
-t,
inclu-sion, eiciusion and conection of
names of voters (b; - R.A. glgg or voferb
OaMELEC R*orutian No. BB11 and j1MELEC Registrationnio,rlgbili:
ResohttionNo'9a1Q' l.Petition for inclusion, excrusion or conection of names

Disquarirications (sec n8, Bp ,glt) , ff.Ifff',i3"ffJ':3r1:'*%Ti[: llilf n.rnng or the

1' Person convbted by final to suffer petition shall be .r".0 upon the members of the Board
judgment
imprisonnent for not less than 1 yeai, unless pardoned ind the challenged
voter upon filing of the petition;

"[d{il'ii,;T.lJ:%J[J#dFf,fi
:3lir-*"Fw1$.{':g*x:m,,:tiift;;;;;i;;isha
fi1fl,iY1fl.1qfl'ns tPW.,
2' Person adjudged bt
snaiffisesilo asainst any party in these
anv crime involving dislovaltv ,: ;*€fte"*ih6ffi,;;-ir-in..ou,.t
-T&ru.*d
ffi;glgr@tl sfrrtiat&i-ffi;n nrro'*r.rv shoutd find that the
crime against national
:T,utiq;
out
ffifttrhtrdce -pff"a$d
upn expiration of S yeans after serffit
to harass the adverse
and
trry :* ffini*pay to'N.urop.nr.s, itshail orderthe
the cosb and incidental expenses;
3.tnsane or ir*omperenr persons x$ftcr{,*S6
competentauthoritv'
^nmmt6nl
arrfhndL, - i s.nnii ufltffioffit";r-ffitil;;il;';h"1il=*
RE I T [ .tt*t& ffi pr.r.oingi;uv interu6ne ino pnjr.t
i,.ia,3^li^^
vaLni\,a j,y!w-._, it$bffithat bd based on rre evidence presented
W \
*T:"1,1T^
Tlra
aN exctusive
lnsinar
llr raiaiaal I l^r
^ ffi
The Munhipal and Metropollql'Iyl coul$Stttave
^-i :
I Kitr'ffiffiff#ffi# ::fi"#.ilTJi?Xil";
i ry [ffi-L ffi;;; i not the voter is reat or
l.f'ffi'*i.ff'ff'll;,lTi',:'g'll*3Y:kmils-i-49ffi*:'l:i;*l*':^:r"'1xry,*lp:l*lp
ilrima facie evidence that the challenged voter
or municipalities (sec. 33 nn. BrBg voter's neffilir;.no
Act)' *fl\fe-petition N

shallbe heard and decided wlhin ten (10)

:
l
n*:r":?.n::"_,:^,tj:1,:1,:j: $:t',#lr'ffi Hif:,,[i'ily r:ffi:i1ffifl.[j',li;
1':_.i,.,:. dar from rerceipt of tn.ipp.rl.
'regarding the right to vote, the same being cogn2able by
^,^::?g
the courts in theproceedings inclusion
for the exclusion or
in all cases, tn. ,f#
snitt oecioe tr'dr. petitiois not later than fifteen (15)
of voters (Canicosa v. C)MELEC, G'R. No. 120318, days before the electi; rno ttr. decision shail become
Dernmfur 5, 1997). Rnal and executory.

It is not within the competence of ttre triat court, in pETtTtoN FoR lNcLUstoN
exclusion proceedings' to declare the challenged.voter Any person whose application for registration has been
of
as a resident of another municipality. The jurisdiction disbpproved by the Board or whose name has been
the
the trial court is limited only to determining the right of
trr stncibn.out tne nsi mair fite with the court a petition
the
voter to remain in the list of voters or to declare that to include his name in tne llrmanent list of voters in his
piecinct.in
challenged voter is not qualified to vote in the prccinct at any time excepf one hundred five (10S)
days
which he is registered' speciffirE the ground-for the priortoaregutarelectionorseventy-five(75)dayspriorto
votefs disqualification (Dunina v. CaMELEC. G.R. No. a speciatelection,
tt shail be supported by a certificate of
1u015' July 19, 1999)' disapproval of his application ano proof of service of
notice of his petition upon the Board, The petition sha[ be
decided within fifteen (15) days after-its fiting (Sec. 34,
Appeat R.A. glgg or Votefs Registration Act of 1gg6).

j.16 SAN BEon Colrecr or law

2013 CeNrnauzro Ban OpenanoNs
 lNclusloN AND Excr-uslon
PRoceeDINGs

Petition for lnelusion under GOMELEC Resolution

9269 (Generat lnstructilns for the Resumption af
Continuing Registration/Certification of euatifred Oyerseas
Any person whose Any registered
voter,
A0senfee Voters far Purposes of the May 13, 20i3 registration has been representative of
National Hedions and Subsequent Nationat Etections
disapproved by the a political.party or
Thereafter):
Board or whose the Election
The aggrieved party by himself or through his aufrorized
name has been Officer, may file
representative may file a petition for inclusion with the
stricken out from the with the court a
proper Metropolitan Trial Court (MeTC) in Manita within
list may file with the swom petition for
ten (10) days from receipt of the notbe of deniat of the
motion for reconsideration. The petition shall be decided
court a petition to the exclusion of a
include his name in voter from the
within ffieen (15) days after its filing on the basis of the
the permanent list of permanent list of
documents submitted. Should the court fail to render a
voten in his precinct. voters giving the
The petition shall be name, address
and the precinct
of the challenged
$slr{ voter. The petition
lfthe decision is for the inclusion l$scH
permanent list of voters, the Board
accompanied by
application for registration previously
conesponding book of voters and
and shall be
decided (Sec. 35,
application for registration the date
inclusion and the court wfrich issued the ff:ls R.A. 8189 ar The
Voter's
Registration Act
PET|TIOilI FOR EXCLUSION
Any registered voter, representative of a
Any time except one Any time except
the Election Officer, may file with the
petition for the exclusion of a voter from the
hundred five (105) one hundred
days prior to a regular (100) days prior
of voters giving the name, address and the
challenged voter at any time except one hundred
election or seventy- to a regular
{1 five (75) days pdor to election or sixty-
days prior to a regular election or sixty-five (65) days a specialelection five (65) days
before a special election. The ftition shall be before a special
acompanied by proof of notice to the Board and to the
election
challenged voter and shall be decided within ten (10) days
from ib filing fSec. 35, R.A. 81,89 or The Voter,s
l.Certificate of I Proof of not'ce to
Rqistration
of his I the Board
disapproval
Act of 1996).
application I and to the

2. Proof of service ol
notice of his petition I

Within 15 days after

Annulment of Book of Voters

The Commission shall, upon verified petition of any voter
or election officer or duly registered political party, and
after notice and hearing, annul any book of voters:
1. That is not prepared in accordance with the provisions
of this Act: or

SAN BEDA CoLEse or law LT7

2013 CrNrnnuzro Bnn Ope narrous
 2. Was prepared tnrgyOfr frzud, bribery, forgery, b,labor
impersonation, intimidation, force or any simitir c.6verseas workers
inegularity;or d.Fd;t*
3. That wlrich contains data that are dtatistically ,.g.fessionals
improbable. No order, ruring or decision annuiling i t. louttr
book of voters shall be^executed within ninety (90) days g. Eandicapped
before an etection (sec. 39, R.A. grgg or voter,s fi.0roanpiir
Registration Act of 1996). i. Women
cuttural communities
,
The annutmenr of the tist of voteB shall not constitute
glgylg for a_ pje-proctamali91 c9n!es! (Ututatum v.
l. iHsrTTt
r. goerry
COMELEC, G,R. fVos. gJZ01-04, gJZ05, June 2.6,
t99o).
t """ " "'""
pourrrcAL pARnEs
"'""'"""' Note:
pafties or
:
:.-...-..""'.'
:'.:,1:#:T::;:::m:;#i,yrnat
""...."....; R'A' No.7941 does not require national and regional

Juriscriction i.:_ -e_r, is anJ :3ffirT'lT[T::l$"'JJ,frlfi:':Jff'.Jtrlx*'#

ogionri prni.. *0., r,,
disrputes
*:,jo,y55:^-!15f1?:,?^t l.iltt-lfy res$e{r$*;:Wp*nt party-rist sysrem to
limited' lt does not have blanket authority to
the "rnarginatized il;iffirirr?tilj'ir
partesaregeneravq:*$*tffi$,+i.*
and all controversies

interference from the ste

ir r vfilnlffl
rrittfffiif '"
r" r"
*irr
to

in
in rlionrrlaa
disputes ia{amal *^ ^ *,;
intemarto a
lly.gnv
discharge of its constitutional lvrrerffi;Qgggi r)ffiqrilrrfrHffi. ffi,61/ or pratrorm, o, tn, ,#!
functions
on ffir{ff[n*--@hBnm[i;G--#"prticies,
Etections et at., e.ffi.
resardtess of their
;"*r[cffir;;;;rfii;;';A;;;T*i'ri.
]
f\aamiaai^^ rt^^1,
commission ^^

16,2010). [rt$r
t * Ir S I v, ar{ffi;#ffi;,
Eahnean,,tA a/1,t/1r a.
February
ffi Aros. et. G.R. 203766 at.,

Derinitions W L j-..-t . Y
party ether apoliticl^pgV o:Mgg orn,
1.
or a
- means
or p''ti.Ji$iTrd
ltlhcl
coar*ion
Da4rt I iol Crn*aa
Patfy-flsf Sptem /l^{l
Act).
ffi;%.i# ffiilffi',ffi,'ffifilor;'l'#H,9
H
! flfrJt ?t#X",ti :i
characteristics, employment,
cgncems (Sec.3 (e), R.A. 7941 or the parg_
2. Political party - referc to an Act).
citizens advocailng an icleology or platform,
and policies for the general conduct of govemnent
which, as the most immediate means of securing thdir
mm the standpoint of tre political process, the lesbian,
adoption, egularly nominates and supports certain of its gay, bisexual, and transgender hrye the same interest
leaders and memben as candidates for public office.
in participating in the party-list systern on the same
basis as other potitbal parties similarly situated. State
It is a national party when its constituency is spread intrusion in this case is equally burdensome, Hence,
over the geographical tenitory of at least a majority of
of
the regions. tt is a regional party when its consiituency la^rs .g9!grat apptication shoutd apply with equai
foi'ce lo LGBTs, and they deserve to participate in'the
is spread over the geographical tenitory of at least i par$-list system on the 'as
majorig of the cities and provinces comprising the
same' basis other
marginalized and under-represented sectors (Ang
region fSec.3 (c), R.A. Tg41 or the party-Lisf Slrstem
Act). \rdtg \9Br Pafty v. COMELEC, G.R No. tgOSei,
April8,2010).

3. Secloral party - refers to an organized group of 5. Goalition -refen to an aggrupation of duly registered
citizens belonging to any of the sectors enumerated in national, regional, sectoral parties or organizations for
Section 5 hereof whose principal advocacy pertains to political and/or election purposes (Sec.3 (fl, R.A.
the special interest and concems of their setor (Sec.3 lg41
w the Pafi-Lisf Spfem Acf).
(d), R.A. 7941 ar the party-Lisf Spfem Acfl. They are
the following: IFLOPPY.HU.W|VE]
Component parties or organizations of a coalition may
a. Eisher folk participate independenfly provided the coalition
of which

118 SAN Broa Colree e or law

2013 CeNrnalrzro Bnn Openlrrons
 they form part does not participate in the party-list
(Sec. 3 (a), R.A. 7941 or the eany-tisi Sysfern Grounds for canceilation oi registration
lYstem (p4F.SV.
Act). CUF|(Sec. 6, parfy-tusf Sptem eitl:
1. lt is a geligious sect or denomination, organization or
Flowing from its constitutional povver to enforce and association, organized for religious purposes;
administer all lars and the 2,lt Sdvocates violence or unlaMul means to seek its
regulations relative to
conduct of the election and its power to register and goat;
regulate political parties, the COMELEC may resolve g, it is a loreign party or organization;
-trom
matters involving the ascertainment of the identfty of the 4.lt is receiving gupport any foreign govemment,
political party and its legitimate_gffi9eEs (tafun ng foreign politicilparty, foundation, organiration, whether
Denokratkong Pilipinov. COMELEC. G.R. No. 161265, oirectly or through iny ot its gfficers
or rnembers or
.February 24' 2004). indireitly througi tnirl fartiei t i prrtir.r".ri.tion
purposes;
REGISTMTION 5. it yiolates or fails to comply with laws, rules or
Anyorganizedgroupofpe€onsmayrryisterasaparty,regutationsrelatingtoelections;,
organization or coalition for purposes sf the party-list 6.lt has geased to eiisttor at least
one (,1) year; or
system by filing with the COMELEC not later than ninety
7.lt declares Untruthfut statements in its'petition;
(90) drys before fte eteclion a petition verified by its
lt lails to participate in the tast tti. tZt prececting
L
president or secretary stating its.desire to partbipate in
eleitions or faits to obtain at least two pei iedium (z"Zr)
the party-list system as a national, regionat orsgetoJg-"-:;--4$qvotes cast under the party_tist system
in thetwo
partv or organization olj,go.tlt'og$-sucn
orsanizations (sec. q Party-ust srsry, r$iiies\dfr'
t. li_
ffitprubgding erections
.d*M
ror tne ionstituency in which it
;;i* ;;
Manifestation to participate in the q&il*€{3f; $ifekJ\w
Any party, organization, or coalition a petitionfor registration is not a
with the Commission need not register to the liling of a comptaint for
such party, organization, or coalition abserce of an opposition to a petition
Commission, not later than ninety (90) serve to bar any interested party
election, a manibstation of its desire to through a complaint for cancellatbn, the
party-list system fSecfbn 4, Pafty-List
a party-list group (Dayn and Capco v.
Elections, G.R No. 193643, January 2g,
No votes cst in favor of political party,
coalition shall be valid except for those
the pa$-listsystem (Sec. 7, Att. lX-C, I\BT rqistration v. petition for cancellation
can be reasonably expected during the
Purposes of registration : proceedings whhh involve the COMELEC's
1. To acquire juridical personality; power to register a party-list group, as distinguished from
2. To entitle it to righb and privileges granted to political the entirely separate power to cancel the registration.
parties; and Refusal of the petition for registration happens during the
3. To participate in the party-list system (Sec. 60, Bp SSII. inceptive stage when an organization seeks admission
into the roster of COMELEC-registered parg-list
Groups whicfi cannot be registered as political parties organizations. On the other hand, cancelldtion of
(Sec. 3, Parly-Ust Sysfem Acfl; registration happens after the fact of registration when an
1. Religious denominations or sects; inquiry is handed down by the COMELEC, motu propio or
2. Citizens'arm accredited by the Commission; upon verified cornplaint (Dayao and Capco v. Commission
3. Those which have no platform or program ol on Elections, G.R. No. 193643, January 29, 2013).
govemment;
4. Those who seek to achieve their goals through violence a party-list group can never attain
The accreditation of
or unlawful means; perpetual and inefutable conclusiveness against the
5. Those who refuse to uphold and adhere to the granting authority (Dayao and Capco v. Commission on
Constitution; Elections, G.R. No. 193643, January 29, 2013),
6. Tlucse supported by foreign govemmeng.

SaN Broa CorrrcE oF tAw 119

2013 CeNrnauzED BAR Openlnorus
 i eriJi'"n'";;;;;;;;; I
system shall not be considered resigned (Section
Party-Ust SpfemAcfJ.
g,

i L::l:rENrAnvEs
".-"""':"'""'-".;
The party-list representatives shall constitute trnreng per
centum'of the total number of representatives incluOing
those under the party tist (Sec. S (2), Att. Vt).
The Party List System
It is a mechanism of proportional representation in the
election of representatives to the House of
Representatives, from national, regional and sectoral
parties, organizations and coalitions thereof registered
with the COMELEC. The party-tist system was devised to
replace the reserve seat system - the very esserne of the
Frty - list system is representation by election (Vetenns
Mention Party v. COMELEC, 6.R No. 1 36\gt. Octotur
6,2000).
Purpose
{t--;K$$#i$litttion
The party-list system is intended poEffir : ::i -". J
power by givirq potiticat parties wffiSrf*Sgnd[e.
legislative district elections a chance #&TdJGGtr
House of Representatirres. The cleai .-4 dq:tn!t!*+-P
wording, and party-list structure ordai
and (2), Artbb Vl of $e 1982
disputed: the party-tist system is not for
only, but also fur non-sectoral parties
et al. v. Commasbn on H*tions, G.R,
al., April2, 2013). I
Nomination of paily.list representatives
Each registered party, organizatbn or
submit to the COMELEC not tater than fofi-five
before the election a lbt of names, not lss thar fiG
ffi
from which party-list representatives shall be chosenln
case it obtains the.required number of votes.
Notes:
1. A penon may be nominated in one (,1) list onty.
2. Only persons wfro have given theii conseni in writing
may be named in the list.
3. The list shall not include any candidate for any elective
office or a person who has lost his bid for an elective
office in the immediately preceding election.
4. No change of names or alteration of the order of
nominees shall be allowed after the same shall have
been submitted to the COMELEC except
a. Nominee dies
or
b. Withdraws in writing his nomination,
c. Becomes incapacitated in which case the name of the
substitute nominee shall be placed last in the list.
S.lncumbent sector:al reprcsentatives in the House of
Representatives who are nominated in the party-list
:
Qual ilicati ons of
1. Natural-born
party.list representatives:
citizen of the philippines;
2. A registered voter;
3. A resident of the Philippines for a period of not less than
one (1) year immediately preceding the day of the
election;
4.Able to read and write;
5. A bona fide'member of the party or organization which
he seeks to represent for at least ninety (g0) days
preceding the day of the election; and
6.At least twenty-five (25) years of age on the day of the
election; ln case of a nominee of the youth sector, he
must at least be twenty-five (2b) but not more than thirty
(30) yeaJs of age on the day of the etection. Any youtir
lecbra! representatire who attains tirc age of thi-rtt (30)
during his term shall be allowed to continue in office
of his term fsecffon g, pafty-List
tI" , ",r ffifem fcfi.
T} sedonlparties
and undenepresented',
should to the sectors in Section 5 that are, by
thek economically "marginalized ancr
." For thes€ sectors, a majority of the
sectoral party must belong to the
and undenepresented." The nominees of
either must belong to the sector, or
trmk record of advocacy for the sector
(Atong Paglaum lnc. et. at. v. Comm$sion
G.R. Nos. 2A3766 et. at., Aprit Z, ZAfi).
list of regislered parties
COMELEC shatt, not tater than sixty (60) days before
election, prepare a certified list of national, regional, or
sectoral parties, organizations or coalitions which have
applied or who have manifested their desire to participate
under the party-list system and distribute copies thereof
to
all precincts for posting in the polling places on election
day. The names of the pafi.lisl nominees shail not be
shown on the certified list (secfion T, parg-List Spfem
Act).
Manner of voting
Every voter shall be entiUed to two (2) votes:
1.For candidate for member of the House 0f
Representatives in his legislative district; and
2. For the party, organizations, or coalition he wants
represented in the House of Representatives: proulded
That a vote cast for a party, sectoral organization, oi
coalition not entifled to be voted for shall not be
counted: Pravided, finally, Thal the first election under

120 SaN B:oa Coueor or Lnw

2013 Crnrneuzro Ban OprnerroNs
 the party-listsystem shail be hetd in May 1998 (Section
10, Pafty-List System Acfl.
The four parameters in the Philippine.style party.list
election (Barangay lssociation for National Advancement
and Transparency (BANAT) v. COMELEC, G.R. No.
179271, Aprtl 21, 2009):
1.20o/oatlocation: Twenty percent of the total number of
the membenhip of the House of Representatives is the
maximum nunrber of seats available to party-list
oryanizations, srlch that there is automatically one
party-list seat for every four existing legislative districts,
2. A guaranteed seat for a party.list organization
gamuing ?/o of the total votes cast The guaranteed
seats shall be distributed in a first round of seat
allocation to parties receiving at least two percent of the
totalpafi-list votes.
The continued operation of the
it applies to the allocation of the
unconstitutional because this SFqgtiri.rton
and physically prevents the fitting &uhbFGe
parryli$ seats, The additional seats
to the parties in a second round
(Barangay Assocrbfrbn for National
Tnnspuency (BANAD v.
G.R.
179271, Aptil 21, 2009).
1
f*-
I
.\
3.Proportional representation: The
that is, the remaining seats after
guaranteed seats, shall be distributed to
organizations including those that
two percent of the total votes.
4. The three.seat cap. Each qualified party, regardless of
the number of votes it actually obtained, is entiiled only
to a maximum of 3 seats.
The formula in the allocation of pafi-list
proriounced in Veterans Federation Farty
v, CAMELEC
(G.R. No. 136781, October 6, 2A0q has thus been
nedified,
The three-seat cap is not a violation of the Constitution
because the 1987 Constitution does not require
absolute proportionalify for the partyJist system
(BANAT v. Conmission on Hections, G.R. No. 1T|ZT1
et al., July 8, 2009).
Guiddines for screening parg-list participants under
Sedion 5 (Ang Bagong Bayani-OFW Lafur party v.
WIELEC, G.R Nos. 147589 and June 26,
fi01): '47613,
1 . The political par$, sector, organization or coalition must
represent the marginalized and the undenepresented
groups identified in Sec, 5 of RA 7941 or the party-List
System Act, Majority of its membership should betong
to the marginalized and undenepresented;
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 undenepresented
sectons to be elected to the House of Represen{atives".
Thus, they must show that they represent the interest of
the marginalized and undenepresented;
3. Religious sector may not be represented id the party-list
system; except that priests, imams or pastors mai Oe
elected should they represent not theh religious sect but
the indigenous community sectofi
4.A party or an organization must riot be disqualified
under Sec. 6, Party-List Sysfem Act
S.The party or organhation must not be an adjunct ol or
organized or an entity funded or assisted by,
nominees must comply with the
of Smtion 9, Parly-List
party or organization musl
maryinalized and urdenepresnted
,ai must its romines;
s.While a well{efined political constihrerny. tte
:__i lkeryise be able to contribute h the
I
i, enactment of appropriate legblation that
pats, nation as a whole.
of', the
set under the Bagong Bayani case
by the ruling of the Supreme Court in
of Atong Paglaum lnc. et. Al. v. Commission on
131418
The new sixlpoint parameters for screening party.list
participants
(Atong Paglaum lnc. et al. v. Cammhsion on Electians,
seat G.R. Nos. 203766 et al., Aprit 2, 2013):
l.Three different groups may participate in the party-list
system; (a) national parties or oqanizations, (b)
regional parties or organizations, and (c) sectoral
parties or organizations.
2. National parties or organizations and regional parties or
organizations do not need to organize along sectoral
lines and do not need to represent any ,,marginalized
and underrepresented" sector.
3. Political parties can participate in party-list elections
provided they register under the party-list system and
do not field candidates.in legislative district elections. A
political party, whether major or not, that fields
candidates in legislative district elections can participate
in party- list elections only through its sectoral wing that
Snx Beoa Colrrcr or Law tZL
2013 CrNrnauze o Ber Ope nlrrons
 can. separatelyregister under the party-list system, The
sectoral wing is by itself an independent secioral party,
organization, orcoalition concemed shall subrnit'
additional nominees (Section 16, party-List System
and is linked to a political party through a coatition. Act).
.
4. Sectoral parties or
organizationj may either: be Effect of change of affiliation
"marginalized and undenepresented', or lacking in ,!yell_
Any. elected party-list reprcsentative who
defined political constituencies,,' lt is enough that charges his
their political party or sectorar afiiriation during
principal advocacy pertains to the specialjnterest his term of ofiice
and shall forfeit his seat provided, that ii he changes
concems of their sector. The sectors that are political party or sectoral affitiation within
his
"marginalized and undenepresented,' include labor, six (6)honths
before an election, he shall not be eligible for nbmination
peasant,, fisherfolk, urban poor, indigenous
cultural as party-list iepresentative under his new party or
communities, handicapped, veterans, and overseas.
organization (Section 15, pafty-List System Act).
5. A majority of the members of sectoral parties or
organizations that represent the ,,marginaiized and
*"marginalized
undenepresented' must belong to the
and undenepresented' sector they represent. Similarly,
a majority of the members of sectoral parties or
organizations that lrck ,\rveil_defined
political
constituencies" must belong to the sectoi tney
represent. The nominees 0f sectoral parties
or
organizations that represent the
undenepresented," or that ttrose S16"tffi
those Sil A
"*
"welldefined political
I eithir.:"nrrrSf
belong to their respective sectors, have a &frn gtrftdbs, frne
record of advocacy for their
nominees 0f national and reg
ITIGG€ i}r LAW
organizations must be bona-ftde-r any paffcular date or time when
parties or organizations.
possess citizenship unlike that for
6. National, regional, and sectoral parties
age. lt must be possessed upon
t the day that the term begins (td./.
shall not be disqualified if some of thr
disqualified, provided that they have
nominee who remains qualified.
1t
1,4
1'
1r
How parly-list representatives are chosen \i
Party-list representatives shall be oroclai
COMELEC based on the list of narnes
p:p1lY1 parties, organizations,, or coatition, t6'!f Natural_bom citizen I Natural-bom
99tElE9.rilordins ro theii'r.ankins in said tist fsecri5n
I 3, Party-List Spfem Acfl.

Termof office: Able to read and write

a. Three (3) years
b. No party-list representative shall serve for more than
three (3) consecutive terms. At least 40 years old
c. Vrluntary renunciation of the office for any length of on the day of election Old on the day
time shall not be considered as an intenu[tion in of the election
the
continuity his servhe for the full term for which
he
was electect (Seetion 14, party_Listgafem
Acfl.
Resident oi tfre Resident of the
Philippines for at least Philippines for
Vacancy 10 years immediately not less than 2
ln case of vacancy in the seats reserved for party{ist preceding the day of years
representatives, the vacancy shall be automatically the election, (Sec.2, immediately
ftlbd
by the next representative from the list of nominees
in the
Att. Vll) preceding the
order submifted to the COMELEC by the same party, day of the
organization, or coalition, who shilt serve for election (Sec. Z,
th-e
unexpired term. lf the list is exhausted, the party,

122 SAN Broa CollrcE oF [Aw

2013 Ce nrnauzro Ban Openlrror.rs
LOCAL ELECTIONS or SG bayan,
0r punong
barangay or
member of the
SG barangay
d,15 but not
more than 21
years '-
SK

Natural-bom citizen
Disqualifications:
1. Underthe Omnibus Election Code (secfion i2): (t
Registered voier in the Registered voter in stRol8.MP)
district in which he shall the barangay, a. Declared as incompetent or insane by competent
be elected munbipallty, ciff or authority before said insanig or incompetence is
province,. or, in the declared removed;
case of a member b. Convicted by final judgment for gubversion,
of the SG [nsunection, pbellion or any qffense for which
panlalawigan, he has been sentenced to a penalty of more than
panlungsq{..*,, *n+ *-l9 months imprisonment, before the expiration of
tre oi$f{a ,*' a] period of _ five years from his service of
hetintudtlsio'
.{^'r' SAf{ Ftl* finaljudgment for a crime involving
TSLLE tlF l_
Resident of the same
district for a period of ot 8P 22 (VillaMr v. COMELEC,
not less than 1 year . No. 148326, Novembr 15,2001)
immediately preceding of the Anti Fencing Law (De la
the dav of election. v. COMELEC, G.R. No. 121593, Juty
1996)
Bribery (Magno v. COMELEC, G.R.
Able to read and write 147904, actober 4, 2002)
person who is a Bermanent resident of or
to aforeign country, unless said
person has waived his status as permanent
At least 25 years old on resident or immigrant of a foreign country in
the day of election(Sec. a.23 years accodance with the residence requirement
6, Att. V0 govemor, vice- provided for in the election laws.
govem0r,
. member of the 2. Under the Locai Government Code (Sec. 40, R.A.
SG n6q Applicable to candidates for local etective
-
panlalawigan, office only (Magno v. COMELEC, supra):
mayor, vice a. Those sentenced by final judgment for an
mayor, or offense involving moral turpitude or for an
member of the offense punishable by one i1) year or more of
SG panlungsod imprisonment, vrithin two (2) years after serving
of HUC; sentence;
b.21 years :
mayor o:' vice Those who have not served their sentence by
mayor of lCC, reason of the grant of probation which should not
be equated with service of sentence, should not
municipalities; likewise be disqualified from running for a local
c.18 years elective ofiice because the two-year period of
member of the ineligibility does not even begin Io run (Moreno v,
COMELEC, G.R. No. 168550, August 10,2006).

SaN Beon Colteer or lnw

2013 CrxinaLrzED BAR Oren,qnous
 Those removed from office as
administrative case;
a result of an f. Permanent residents in a foreign country cr
those who have acquired the right to resib
abroad and continue to avail of the same rigtr
An elective local official who was removed from afterthe effectivity of this Code;
office as a result of an administrative case prior
to January 1, 1992 - the date of effectivity of the "Green iard" is ample evidence to show that the
Local Govemment Code -
is not disqualified person is an immigrant to, or a permanent
from running for an elective local public offae,
because Sec. 40 of the Local Govemment Code
'- resident of, the United States of America (Caasi
v. Cluft of Appeals, G.R. No. ggg}l, Novemfur
c,annot be given retroactive efiect (Grego v. 8, figq.
COMELEC, G.R No, 125gSS, June 1g,lgg7).
g. The insane orfeeble-minded.
Those convicted by finat judgment for violating 3, Additional grounds for disquatification (Sec. 6g,
the oath of allegiance to the Republic; oEC):
a. One who has violated provisions on:
d. Those with dual citizenship; i. Campaign period
ii. Removal, destruction of lawful election
Dual citizensnip c a disqualilication must refer propaganda
to citizens with duai allegiance. Consequgng&_ **:___b* iii. Prohibited forms of propaganda
persons wm
pemons with rnere duat cllizpnship
r{gggnship dd
' ,:i--*:i-.**_
Hli ,'4i .I\'' TW
d0 not lflll
]\" Tn Regulation of propaganda through mass
underthe disqualifrcation (dftbdo
v. itannn1i i
G.R. No. 135083, May26,19ff* SFrl'* BES6. Oie given money or other material
fi$LL€GE $f to influence votens or public
ln fine, R.A. No, 922b electoral functions
natural-bom Filipinos who committed acts of tenorism to enharrce
citizenship and seek elective
acy
personal ard swom
ro spent in his election campaign an
foreign citizenships before an
in excess of that allowed by law
officer prior to or simuttaneous H[b fuino ot solicited or rcceived or made any
their certificates of candidacy, Hffiraihv. as prohibited by lar
candidates in ph,ilippine eteciiorEt-f;fu,r\n r,
applies to all those who have reffig
tfreg
witffilhnrd *
OF CANDIDACY
Filipino citizenship, tike petitioner,
of a person seeking to run for a public office
as to whether they are still dual citizens that he announces his candidacy for the office
is a pre-requisite imposed for the exercise of
and that he is eligible for the office, the name
right to run for public ofiice (Sobjana-C,ondoiv. the politlcal party to which he belongs if he belongs to
Commission on Hwtions, G.R. No. 1gg142, any, and hls postoffice address for all election purposes
Augusf i0,20t21. o well stated (Srnaca v. Mula, G.R No. l}569l,
FirU
.ln Septembr 27,1999).
the absence of any official rction or approval
by the proper authorities, a mere application for No person shall be eligible for any elective public offrce
repatriation, does not, and cannot, amount to an unless he files a swom certificate of candidacy within the
automatic reacquisition of the applicants period fixed by taw (Sec. 73, OEC),
Philippine citizenship, (Labo v. COMELEC, G.R.
No. 105111, Juty 3, lggZ).
!tr9cts of filing a certificate of candidacy
1. Automatic resignation
'e. Fugitives from justice in criminal or non_political
.cases here or abroad;
Officials holding appointive offices, including active
members of AFP and officers of govemmenlowned or
controlled corporations shall be considered ipso facto
A fugitive from justice includes not only those resigned (Sec. 66, OEC & Aft. tJ, par. 3, R.A. g36g).
who flee after conviction to avoid punishment,
but likewise those who, after being charged, flee Applies to GOCCs without an originat charter. (?NOC
to avoid prosecution (Marquez i. CCiWeteC, Energy Development Corporation v. NLRC, O.n. ruo.
G.R. No. 12T3tB, ApritZS, tggg). 100947, May 31, 1993)

124 SAN Bron Courcr or Llw

2013 CrHrnAuzED Ban OprnlnoNs
 ln Eleazar Quinta v. COMELEC (G.R No. 189698,
February 22, 2AtQ, lhe Court upheld the validity of Sec,
4(a) of CAMELEC Resolution 8678 (Filing of CoC for
Nationdl and Local Elections), Sec. /3 af R.A. 9369 and
Sec, 66 of OEC. These provisions satisfy the requisitesof
the equal protection test, especially the second
requirement that it must be germane to the purposes of
thelaw' ltwasheldthatonly electiveofficialsmayfiletheir
certificates of candidacy without being deemed ipso facto
resigned from their posts. Therc is no violation of the
equal protection clause since there is a subsfanfia/ November 3, 1g2s).
distindion between eledive and appointive afficiats to
warant differentialtreatrnent:
a. Elective officials occupy their office by virtue of the lf after the last day for the filing of certificates of
mandate of the electorate. On the other hand, candidacy, an official candidate 6f a registered or
appointive offaials hold their office by virtue of their accredited political pafi dies, withdraws or is-disqualified
designation thereto by an appointing authority. for any cause, only a person belonging to, and iertified
b. Appointive ofiGlas,
Appomuve sfiicers and employees in the
officials, as o?tEers by, the same political
civilservice, are strictly prohibited from engagingi[4fry " --i-€aEli$qcy to rcptace the candidate who died, withdrew
partisan political activity
.or lake*fll
in anyltbctffil
except to vote. On the other hand*lhljve off,eiatstF -i
-'
officers or employees holding
holdinq pffi&t
0ffi4t" offices,*ftl{ EEDA
sfiices.ffilr SFSA
electoralrctivities ffiSl$3Ett
obviously expressly allowed to take
ffi ru**T*
It must be emphasized that the purpose
defer to the sovereign willof the peoBle
officials serve until the end of the
uere elected notwithstanding the filing
the contrary, the automatic resignation
upon appointive officials becadse unlike
the former, as provided by Sec. 55 of the
Code of 1987, are strictly prohibited from
partisan political activity or from taking part in any
except to vote (Quinto, et al. v. COMELEC, G.R.
1 89698, February 22, 201 0).
Note: Secfion 67 of the OEC and Secfion 11 of R.A.
8436 on automatic resignation of an elective official
funning for any other elective position than the one
which he is holding in a.permanent capacity has been
repealed by Secfion 14 of Repubtic Act No. 9A06
(Fair Hection Act), The i'epeal means that such
elective official is no longer deemed resigned when
he files a certificate of candidacy for any position
(Quinto v. Commission on Elections, G.R, No.
. 189698, Decemher 1,20Aq.
2. Filing of two Certificates of Candidacy: When a
. person files two certificates of candidacy for different
offices, he becomes ineligible for either position He may
withdraw one of his certificates by flling a swom
declaration with the Commission before the deadline for
the filing of certificates of candidacy (Sec. 73, OEC).
Before the deadline for filing the certificate, a candidate
may withdraw all except one, declaring under oath the
office for which he desires to be etigible and cancet the
certificate of candidacy for other offi'ce or offices (Go v,
COMELEC, G.R. No. 147741, May 10,2001),
Formal defecis in the Certificate of Candidacy: The
election of a candidate cannot be annulled on the sole
ground of formal defects in his certificate of candidacy (De
Guzman v. Board of Canyassers, GR No. L-24i21,
Substitution of Candidates
partv may
poiiticai party mav file a certmcate rr
certificate of
or
w4\o'idQuqtmed not tater rhan mid-day of the day of the
blEe.ilrcnaslc. T6.Mt.
"*#)
iF'
fif,bd*ffiVrffiate who dies is an
'&ffiate independent
ddrffiHq ffinnot
ffinnot be substituted (Recatu), Jr.
No. 134293, June 21,
v.
Q4 1999).
candidate, by reason of withdraral, must
the last day for flling certificates of
when the withdrarval is effected on or
day (Villanueva v. COMELEC, G.R No.
-54718, December 4, 1985).
whose certificate of candidacy has been
or not given due course cannot be substituted
belonging to the same political party (Miranda
v. Abaya, G.R. No. 136351, July 28, /999). The Court
applied the principle of expresslo unius esf exclusion
alterius because when the law enumerated the occasions
where a candidate may be validly substituted, no mention
was made of ihe case where a candidate is excluded not
only by disqualifaation but also by denial and cancellation
of his certificate of candidacy (Ong v. Alegre, G.R. Nos.
153295, 163354, January 2,2006).
Ministerial duty of COMELEC to receive G0Cs
The COMELEC shall only have the ministerial duty to
receive and mknowledge receipt of the certificates of
candidacy (Sec. 76, OEC; Luna v. COMELEC. G.R. No.
165983. April24,2007). Accordingty, the COMELEC may
not, by itself, without proper proceedings; deny due
course to or cancel a certificate of candidacy filed in duq
form. Sec.78, OEC, which treats of a petition to deny due
course to or cancel a certificate of candidacy on the
ground that any material representation therein is false,

San Bron Corirsr or law L2S

2013 CsNrnauzro Bnn Orenarrorus
 requires that the candidate must be notified of the petition
against him and he should be given the opportunity to
present evidence in his behalf (Cipriano v. CAMELEC,
G.R No. 1588330, August10,2004).
lnstances when COMELEC may go beyond the face of
the certificate of candidacy:
1. Authority over nuisance candidates
2. Power to deny due counse to or cancel a certificate of
candidacy under Sec. 78 of the AEC
3. Filing of a disqualification case on any of the grounds
enumerated in Sec.68, OEC
Nuisance candidates
Those whose certificates of candidacy are presented and
filed to czuse coniusion among the voters by the similartty
of the names of the registered candidates or by other
circumstances or rcts which clearly demonstrate that the
candidate has no bona fide intention to run for the office
for which the COC has been filed and thus prevent,a****Ihe*use of the word "may' indicates
faithful determination of rhe true Witlof the deitorlfli ,l'of fu=bi
(Bautista v. COMELEC, G.R. No. 13J840, Novemfur 13,^
fOdi n find
/998; Sec. 69,OEC). tsp- SAI.* F
coLLEGE @&s
Grounds for filing'a case
candidate; COMELEC mE motu
petition of an interested party, refuse to
or cancel a certifcate of candidacy if
certifnate was filed:
ilal Tr{I
1. To put the election process in mgckery
2. To cause confusion among voters rof
names of registered candidates;
3. By other circumstances or acts which tltEt
a has no bona fide intention to
canclidate!
office for which his certificate of candidacy h6$
filed, and thus prevent a faithful determination oi
true willof the electorate.
Period to file petition against a nuisance candidate:
Within 5 days from the last day for the liting of certificates
of candidacy,
Petition to deny due course to or to cancel
certificate of candidacy
The COMELEC, upon proper petition, may cancel a
certificate of candidacy on the ground that any material
misrepresentation contained therein as required under
Sec. 74 of OEC is fatse (Sec. TB, OFC/, provided that:
a. The false representation pertains to material matter
affecting substantive rights of a candidate and that
b. The false representation. must consist of deliberate
attempt to mislead, misinform," or hide a fact which
would otherwise render a candidate ineligible (Satcedo.
ll v. COMELEO, G.R. No. L-l6A35, Juty 26, tg60).
Effect of a disqualification case
Any candidate who has been declared by finaljudgrnent
to be disqualified shall not be voted for, and the votes cast
for him shall not be counted. lf for any reason a candidate
is not declared by final judgment before an election to be
disqualified and he is voted for and receives the winning
number of votes in such election, the Court oi
Commission shallcontinue with the trial and hearing of the
action, inquiry, or protest and, upon motion of the
complainant or any interyenor, may during the pendency
thereof order the suspension of the proclamation of such
candidate whenever the evidence of his guilt is strong
(Sec. 0 RA 6646 or the Hectorat Reforms [aw of 1997). -
Note: The COMELEC can suspend proclamation only
when evidence of the winning candidate's guilt is strong
(Codilla, Sr. v. De Venecia, et. ai., G.R. No. j1060i,
December 10,2002).
that the suspension
-*
is merely permissive. tf the COMELEC
sufficient ground to suspend
proclamation may not be made
G.R No. 125955,.June 19,1gg7)
i ttis say thd since a candidate has been
! oisq votes intended for the disqualified
i
in effect, [re null and void. This would
ising the electorate in whom
;ide (Ortega v. CAELEC, G,R. NO,
19e2).
of a candidate receiving majority votes
1. The one who obtained the highest number of votes
is disqualified; AND
2. The electorate is fuliy aware in fact and in law of
the candidate's disqualification so as to bring such
awareness within the realm of notoriety but would
a nonetheless cast their votes in favor of the
ineligible candidate (Grego v. COMELEC, G.R. No.
125955, June 19, lgg7).
Note:
The Labo doctrine has been overturned by the ruling of
the Supreme Court in Maquiting v. COMELEC. The rule
now is as follows:
"The electorate's a$/areness of the iandidate,s
disqualifrcation is not a prerequisite for the disqualification
to attach to the candidate. The very existence of a
disqualifying circumstance makes the candidate ineligible.
Knowledge by
the electorate of a
candidate,s
disqualification is not necessary before a
qualified

126 SAN Beoa CorrecE oF [Aw

2013 Cenrnauzro Bnn OreaarroHs
candidate who places second to a disqualified one can be
proclaimed as the winner. The second-placer in the vote
count is actually the firstplacer among the qualified
candidates (G.R, No. 195649, Aprit 16, 2013).,
Withdrawal of Certificate of Candidacy
Procedure
Any person who has filed a Certificate of Candidacy may,
at any time before election day and subject to Sec. 15
hereof, file"personally a Statement of Withdranral under
oath, in five (5) legible copies, with the offae where the
Certificate of Candidacy was filed. No Statement of
Withdrawal shall be accepted if filed by a person other
than the candidate himsetf or ff filed by mail, electronic
mail, telegram or facsimile.
The filing of a withdraruat of a Certifcate of Candidacy
shall not affect whatever civil, criminal or administrative
liabilities a candidate may have incuned,
A person who has withdrarun his Certificate of
for a position shallnot be etigible,
candidate or not, for any other
COMELEC Resoltfion No. 951 8, 11,201&&H
Eff*t
c$LLf$fi
The withdrawal of the certificate of
the disqualification of the candidate to
pcSition.
Wihdraw al af w ithd rawal
The withdrawal of the withdrawal, for
reviving the certificate of candidacy, must
the period provided by law for the filing of
candidacy (Monsale v. Nico, G.R. No. L-ZS3I, 28,*
1e4e). rE
CnmplreN; ELEcrtor
PnopaeAN DA ; CoNTRIBUTtoNs
AND EXPENDITURES
Election campaign or partisan'political activity
This refen to an act designed to promote the election or
defeat of a particular candidate or candidates to a public
office fSec. 79, OEC).lt includes:
1. Forming organizations orgroups of persons
2. Holding political caucuses, meetings, rallies or other
similar assemblies
3. Making speeches or commentaries
4. Publishing or distributing
campaign literature or
materials for the purpose of soliciting votes and/or
undertaking any campaign or propaganda to support or
oppose the election of any candidate
Election campaign does not include public exprcssions
of opinions or discussion of probable issues in a
forthcoming election or on attributes of or criticisms
against probable candidates proposed to be nominated in
a forthcoming political party convention. (Sec. lg, Bp ggl,
oEC).
Prohibited election campaign acts:
1. lt shall be unlawful for any foreigner, whether juridical or
natural person, to aid any candidate or political party,
directly or indirectly, or take part in or influence in any
manner any election, or to contribute or make any
expenditure in connection with any election campaign or
partisan political activity (Sec, BI, AEC).
2.lt shall be unlarfui for any person during the campaign
period to remove, destroy, obliterate or in any manner
deface or tamper with, or prevent the distribution of
laadul election propaganda fSec. S3, OEC).
unlarful for any candidate, political party,
person to give or accept, free of
&fr indirectly, transportation, fmd or
value during the 5 hours before and
meeting, on the day preceding the
the day of the election; or to give or
o.r indirectly, money or things of
purpose {Sec. 84, BP 881, OEC).
premeture campaigning in the
to the Supreme Court ruling in
'.
COMELEC, fG.R. No 181613, November Zi,
Court ruled that under the law, "candidate" has
defined as "any person aspiring for or seeking an
public office, who has filed a certiflcate of
candidacf and that "any person who files certificate of
candidacy within [the period for fiting] shail onty be
considered as a candidate at the start of the campaign
period for whbh he filed his certificate of candidacy.',
lf there is yet no candidate whose interest it is to be
promoted or defeated, there is no restriction to any
election campaign or partisan political activity,
Accordingly, engaging in partisan political activity in favor
of, or against, a person who has not filed a certificate of
candidacy is not prohibited (Penera v. COMELEC, supra).
The Court further said that what the law says is ,,any
unlawful act or omission applicable to a candidate shall
take effect only upon the start of ttre campaign period.
The plain meaning of this provision is that the effective
date when partisan political acts become unlaMul as to a
candidate is when the campaign period starts. Before the
SnN Beol Colrror 6r law L27
2013 CrNrnluzro Ben OpennnoNs
 start of the campaign period, the same partisan political
acts are lawful (Penerav. COMELEC, supra).
Republic Act 9006 - FA|R ELECTTON ACT
Lawful Election Propaganda
1. Written/Printed Materials (does not exceed g % in. width
by 14 in. length)
2. Handwritten/printed letters
3. Posters (not exceeding 2 x 3 ft.), however, 3 by g ft.
skeamers afe allowed in announcing a public meeting
or rally, 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
% paqie
-in not exceeding %pa4re in broadsheets and
tabloids thrbe a week per nerrspaper,
magazine or other publication during the campaign
period
BroadcastMdia (i.e. TV.and Rdio):
5.
National Positions
a.
- Not more than an
total of one hundred (120) {qi of
advertising, whether
regional, or local, free or cable
hundrcd eighfi (180) minutes
whether airing on national,
whether by purchase or donation.
Local Positions Not more
b.
-
total of sixty (60) mhutes of
whether appearing on national,
free or cable television, and ninety I
radio adiertising, whether airing
rcgional, or local radio, whelher
donation.
This was further quatified by COMELEC
9615 (January 16,201.3)to read as follows:
i. ln cases where tuo or morc candidates or partfu
whose names, initials, images, brands, logos,
insignias, color motifs, symbols, or forms of
graphical representations are displayed, exhibited,
used, or mentioned together in the broadcast
election propaganda or advertisements, the length
of time during which they appear or are being
mentioned or promoted will be counted against the
airtime limits allotted for the said candidates or
parties and the cost of the said advertisement will
likewise be considered as their expenditures,
regardless of whoever paid for the advertisements
or to whom the said advertisements were donated;
and
ii. Appearance or guesting by a candidate on any
bona fide newscast, bona fide news interview, b0na
fide news documentary, if the appearance of the
candidate is incidental to the presentation of the
1.28 San Broa Corrre r or Law
2013 CeNrnauzro Ban OrenlrroHs
subject or subjects covered by the news
documentary, or on-the-spot coverage of bona fide
. news events, including but not limited to events
sanctioned by the Commission on Elections,
political conventions, and similar activities, shall not
be deemed to be broadcast election propaganda
within the meaning of this provision. To determine
whether the appearance or guesting in a program
is bona fide, the broadcast stations or entities must
show that: (1) prior approval of the Commission
was secured; and (2) candidates and parties were
afforded equal opportunities to promote their
-
6.
candidacy (Sec. 9, COMELEC Resotution 9615).
All other forms of election propaganda not prohibiteO
by the OEC as the COMELEC may authorize after
due notice to all interested parties and hearing where
all the interested parties were given an equal
oppoftunity to beheard. The Commission,s
authorization shall be published in 2 narspapers of
^*g.ryral.circulation throughbut the nation for at least
llfrim Vithin 1 week aftei the authorization has been
;gan-l rsecgtEcl
held that Sec. 5.4 of the Fair Hrction
Act of survey results 15 days
a national election and 7 days
violates the constitr.rtional rights of
, and the press because:
a prior restraint on the freedom of
and total suppression of a category of
)n even though such suppression is only for
period; and
, The govemmental interest sought to be promoted can
be achieved by means other than the suppression of
freedom of expression (Socia/ Weathe,r Statian v.
CAMELEC, G.R. No. t4|5f1 May 5,200i).
Prohibited forms of election propaganda:
1, To print, publish, post or distribute any poster,
pamphlet, circular, handbill or printed matter urging
voters to vote for or against any candidate uniesi
they bear the names and addresses of the printer and
payor;
2. To erect, put up, make use of, attach, float or display
any billboard, tinplate poster, balloons and the like, of
whatever size, shape, form or kind, advertising for or
against any candidate or political party;
3. To purchase, manufffture, request, distribute, or
accept electoral propaganda gadgets, such as pens,
lighters, fans of whatever nature, flashlights, athletic
goods or materials, wallets, shirts, hats, bandanas,
matches, cigarettes and the like, except that
 campaign supporters accompanying a candidate shall Right to reply
be allowed to wear hats and/or shirts or T-shirts Rtt registereO parties and bona fide candidates shall have
advertising a candidate; the riaht to repty to charges pubtished against them. The
4. To show or display publicly any advertisement or reptyinatt oe given puoriiitv btlh; ;ilp;p.i,'i.r.union
propaganda for or against any candidate by means of and/or radio station which first printed or aireO the charges
cinematography, audio-visual units or other screen with the same prominence or in the same page or section
projections except telecasts which may be allowed or in the saine time slot as the first statementiS rt. fO, nn
under certain conditions; and g006, Fair Etection Act).
5. For any radio broadcasting or television station to sell
or give free of charge air time for campaign and oher Exit polls
political purposes except as authorized in the Code Exit polls may only be taken subject to the following
under rules and regulations promulgated by the requiiements:
commission punsuant thereto (sec.85, oECl. 1. Pollsters shall not conduct their surveys within fifty (50)
meters from the polling place, whether said suruey is
Prohibited campaign (MAC) taken in a home, dweffing'prace il;il;pt;.;;;
'-
1- Any media practitioner who is an official of a political 2. Pollsters shallwear Oistindive clothing;
party or a member of the campaign staff of a 3. Pollsters shall inform the voters that they may refuse to
candidate or political party shall not ube his/her time answer;and
or space to favor any candidate or political party. 4. The result of the exit polls may be announced after the
Public exhibition of movie, cinematograph.,$ .--:A: -*F$,:g of the polls on election day,
and must clearty
*. *$9 ji
.
documentary oortrav{_-!)r_
personality who is himself a Sd99t9r. d.ttinq3q - ffitifittre totainumberorresponoenrs, anci ure pracei
period. ff$te :-gtfisrdhby weffien. said innouncement shal state
3.
campaign
Pubtic exhibition oj H" _ _" Y*t: "?t*'ft td;lqjffi;;*.il;il'does nor represent a
movie,, .lffirtQg$lrFg$ Sfetdfg#{ffi; R.A.g006,Fair*ectionAd).
documentary prtraying the life oi
gandidate during the campaign
nerioffif{r*#rl { Exft poilE}affie dissemination of their resutb through
Hection Act)' s 6 i II 6i mass m$iffiiitute pirt or the freedom of speech and

co*ELEcspace ffi '* J*-.",: "ffif,ffi.Tf;,,ffi.fi,'?T[Tf,'ffif:mJTjl

The shall proclrre the prinffip4 upon
COMELEC
ttFHiUg ffins (liss-csry v. G.R. C1MELEC,
pavment of just compensation from at tw+hreF (3) j*ffFb,.ftb 28',2000). wo.

: ryl ^ry,if
national newspapers of general .circuldfiffiawtierein
candidates for nationat office ban ann'ffiru thqir i . gtfq*Sfr coNTRtBUTIoNS
candidacies.Suchspaceshallbeallocatedtre@g -'*-"ip$lffifrift, donation, subscription, loan, advance or
equallyandimpartiallyamongallthecanoioWmoneyoranythingofva1ue,oracontract,
ftfr \3mise or agreement to contri-bute, whether or not legaly
nalional office on three (3) different calendar days: the
day wmln
oay the ilrst
within me first weeK 0l me
week of the campaign the enforceable, made for the purpose of influencing the
campaign period; the
second day within the fifth week of the campaign period; results of the elections but shall not include
seirices
and the third day within the tenth week of the campaign rendered without compensation by inOiviOuals
period (Sec. 7.1, R'A. 90A6, Fair Hection Act). votunteering a portion or ait or their time in behalf cf a

coMELEc rime
The COMELEC shall also procure free airtime from
ftnst three (3) national televisio* networks and three
national radio networks, which shall also be allocated free
of charge equally and impartially among all candidates
national office. Such free time shall be allocated on
(3) different calendar days; the finst day within the
reek of the campaign period; the second day within
fifih week of the campaign period; and the third day
fe tenth week of the campaign oeriod (Sec 7.2, RA
Fdr Hection Act)'
i
i
I
:
at
;#1il[:*dllg}l;ii#h'o;'*1,:lT.[x;::,il5;ffi$
value of which ian be assessed based on the rates
(3) prevaiting in the area (secfion g4 (a), OEC),
for Prohibited contributions:
three 1. No contribution for purposes of partisan political
lirst activity shail be made diiecily or indirecily by any of
the the foitowing:
within a. public or private financial institutions; except, loan
9A06, made by financial institutions legally in the business
of lending money, and in accordance with laws and
regurations and in the ordinary course of business;

i
I

l
SIN Broe CorrrcE or LAw L2g
2013 Crnrnauzeo Ban Oprnarrons
 b, Natural and juridical persons operating public Sundays and/or other designatect collection days, are
a
utility or in possession of or exptoiting iny
resources of the nation;
naturat exctuded from thispioNbifir-fsrr, gT, OEC).
c. Natural and juridical persons who'hold contractsor ELECToRAL EXPENDITURES
sub-contracts to supply the govemment or any of lnclude the payment or delivery of money or anything of
with
its divisions, subdivisions or instrumentalities, value, or a contract, promise or agreement to make
an
goods or services or to perform construction
other works;
or u*p"nditur., for the purpose of influencing the results of
trd epciion. lt shati aiso inctude the use of facilities
d.Natural and juridical persons who have p*on.ffy.o*ned by the candidate, the money value of
granted franchises, incentives, exemptions, .been irre use of *nicr' cin oe assesseo based on the rates
.
allocations or similar privileges or concessions by prevailingin the area (sec. g4 (b), oEC).
the government or any of its divisions, subdivisions
or instrumentalities, including government-owned Limitationonexpenses:
orcontrolledcorporations; r sec. 13,
year Reforms - R.A. T166 E/ecfions and for Hectorat
synchronized
e. Natural and juridical persons who, within one
prior to the date of the election, have been granted
1. candidates: Ten pesos (p10.00) for president and
loans or other accommodations in excess of Vice-President; and for other candidates Three pesos
P100'000 by the govemment or any of its divisions, (P3.00)
for every voter cunenuy registered in fire
subdivisions or instrumentalities including ionstituency where

, p:H'*ffi*
of
*tr..{,:ilw'
public funds at j:s$?Jffi#,fti$f il#f,!*''j
he filect his certificate of

P100,000.00;

' ff,if:'" T ;[i'ffi Sfu ffigry

IJ:urt/t'!
g{gs,ffi f ::,"'j' t'-o:^ pl'* y r
1l
and "'* "ffi"'1"H15t; I IH...:SHy Sgiqf"d ll .tle -00}
constituency
where it has officialcandidates.
or
h. Foreigners and foreign

It shall be unlaMulfor any person to

and expenses (Sec, f4,
For Synchronized Nationat and
contribution from any of the and far Electorat Reforms, Auhortzing
enumenated herein (Sec. 95, OEC).
erefor and Other purposes)
2. lt shall be unlawfulfor any person, i
party 0r public or private entity to solicit
directly or indirecfly, any aid or
whatever form or nature from any foreign
govemment or entity for the purposes
of influenciig
the results of the election (Sec 96, OEC),

Effect of failure to fite:

It shall be unlaMul for any person to hold dances, 1. Prohibited from entering upon the duties of his office
lotteries, cockfights, games, boxing bouts, bingo,
2. Administrative fines (except candidates for elective
beauty contests, entertainments, or ci nematog raphic,
barangay oftice)
theatrical or other performances for the puriose of
raising funds for an election campaign or for the ' a. 1*t Offense
- p1,000 to p30,000 in the
discretion of the Commission. The fine shall be
support of any candidate from the commencement of
paid within .30 days from receipt of notice
the-election period up to and including election day; of
such failure; otherwise, it shall be enforceable
or for any person or organization, whether civic or
by a writ of execution issued by the Commission
religious, direcfly or indirecfly, to solicit and/or accept
against the properties of the offender.
from any candidate for public ofiice, or from his
campaign manager, agent or representative, or any
b, 2na offense p2,000 to p60,000 in the
discretion of the Commission.
person acting in their behalf, any gift, food, 3. Perpetual disquatification to hotd pubtic office for
transportation, contribution or donation in iash or in
second or subsequent offense
kind from the commencement of the election period
up to and including election day; except, normal and
ln the case ot pitar v. C)MELEC G.R No. itSZ4S,
customary religious stipends, tithes, or collections on
July 11, lgg\), it was held that the lar made no

130 SaN Brol Collece or law

2013 CeNrnauzgo Ban OprRarroNs
 distinction as to whether the candidate pursued his
candidacy or withdrew it' The State has an interest in
seeing that the electoral process is clean. one way of
attaining the objective is to regulate contributionsand
expenses of candidates. A candidate who withdrew
may have accepted contributions and incurred
llllllll
Local Absentee voting, or on the day of the elections,
vote in the precincts where they are registered, provided
than they do so when tne voiini in their-respecdf ph;es
of assignments is light, ano neir absence shall not be for
more tfian thirty (30i minutes, ror tnis p*p.r., in.,, ,nrrr
schedule their voting ro n.ionfv one member of the BEt

*#ffi'^;1 y,;wr',ir;;i;;;:;,,**ir:
Of EI6CT;ON
BOenO i lnstructions
.for
BH, as amended by R*otution 8798).

luspecroRs AND wRrcnens

; " .""". ".."
voting privitege of the speciat Board of Etection
lnspectors for detainee voting
..."
arjr-:,BF,r
Board of Etection tnspectors (BEt)
M.embers of ttre $ggt who are not availing of the Local
Absentee Voting may, on ;#;'il:
io,l'",n'',n.
precincts where they are registered, provided
Composition (Sec. 1, Article 1, ))MELEC that their
Resalution bbsrnce in the speiial porriig prace shal not be more
No' 9640' February 15, 2013): tnan tnlrty (30) minutes riio nit
1'chairman they schedute their voting
so thatonly one memberortne sget sh;ll L;r; at-any
2.Two members, all of ,{ r'hnm a}ra,, L^ public
whom shall be -..1 school one time lbecton 20, COMEIIjC Resotutjon No. gg11,
teachers, giving preference to those with pe$tg#,-*a-qkq-qg'
Regutat:nis on ort n , voting in connectiin
appointment and those
10, 2010Nationatand Locat-axtionil.
---
precedins Nationar *, ;H,;f,[d$y 'JfiF-ry"'lffigy
a. One of the members shail be desiffi as pol c**t{ $ffis
b At reast one member,'ifl
technology-capable pe ,ffifrffiF$ffi*ffi ;;:Hp;il:," in the po'ins

ic counting of votes, including the

Qualifications (Sec. 166, Art XtV, B.p.
1. Of good moralcharacter and
2. Registered voterof the city or
3. Has never been convicted of any:
a. Election ofiense; or
b. A crime punishable by more than six
imprisonmenl
ofi
4. Has no pending case against him
COMELEC or court for any election offense;
5. Speak, read and write English or the local dialect.
Sysfem Law): At least one rnember of the BEI shall be
an information technology-capable person, trained and
certified by the DOST to use the AES.
Disqualifications:
1. He or his spouse is related within the 4fr civil degree
by consanguinig or affinity, to any member of the BEI
0r any candidate to be voted for or the latter,s
spouse, in the polling place (Sec. 3, .Article 1,
COMELEC Resotution No. g64A, February lS,2Afi);
and
2. Not engaged in any partisan politicat mtivity (Sec.
173, Att. XlV, B.P. 881).
Local absentee. voting: voting privilege of the
members of BEI
Members of the BEI who are registeied voters in precincts
other than where they are assigned, may avail of the
of the PCOS machine (Sec. 10,
No.9M0)
of the COMELEC in supervision and
polling place (Sec. 168(b), Art. XtV, B.P.
retums and transmit electronically the
, through the use of the pCOS mmhine
Municipal Boad of Canvassers;
Centralserver; and
c. Tnansparency server (Sec. f0, COMELEC Resolution
N0.9640)
5. Maintain order within the polling ptace and its premises
to keep access thereto open and unobstructed and to
enforce obedience to its larfulorders (/d);
6. Fumish watchers Certificate of Votes upon request; and
(td');ana
7. Perform such otherfunctions as prescribed by the Code
or by the rules of COMELEC (Sec. l6g(c), Art. XtV, B.p.
881).
WATCHERS
Official watchers
Each canditiate and registered political party or coalition
of political parties duty registered with the COMELEC and
fielding candidates in the election, as well as duly

SaN Broe Corrrce oF tAw 131

2013 CrNrnluzeo Bln OppRlrroNs
 accredited citizens' arms may appoint tllCI (2) watchers,
serve altemately, in every polling place. However,
candidates for Senator, Member, Sangguniang
Panlalawigan or
Sangguniang pantung{od, ir
langgu.ninang Bayan, or ARMIrrl Regional iegislative
Assembly belonging to the same party or coalition, shall
collectively be entifled to one watcher fsec.
COMELEC Resotution N0.9640, February tS, ilt}).
Sec. 34, R.A, 9369 fixes the per diem of all dominant
majority and dominant minority parties to p400. The SC
upheld the validity of such provision and pronounced spch
regulation of per diem of poll watchers as prornoting the
generalwelfare of the community, hence a valid
exercise
of police power (Barangay Assoclafion for Natjonat DevT
and T nnsparency (BANAD parg-List v. COMELEC, G. R.
No. 1775A8, August t, 2009).
of the said parties. These spffigtrt 6
determined by the Commission upon
on the basis of the following circumsta
1. The established record of the said
of groups that now composed
accounL among other things, their
election;
2. The number of incumbent e
belonging to them ninety (90) days
of election;
3. Their identifiabte political
strengths as evidenced
organized/chapters;
4, The ability to fiil a complete slate of
to Rights and duties of watchers (Sec. 79,
Resolutian No, 9640):
1.S.tay in the space reserved for them inside the
place;
lnt
2. Witness and inform themselves of the proceedings of
the BEI;
17, 3. Take note of what they may see or hear;
1,I?t . notes, photographs of proceedings;
5. File protest against any inegularity or violation
of law;
6. Obtain from the,BEl a certificate as to the filing
of such
protest and/or the resolution thereof; and
7. Position themselves behind the chairman of the
BEI in
such a way that they can read the election returns.
PRecrxcTs AND por-t_tttc
pleces
Precincts and their etablishments
l precints are the units of tenitory for the purpose
q.
$very barangay as of the approvat of this act
(Sec. 149, Att. Xilt, B.p.
G€ OF LAW
will be clustered into groups of
seven (7) precincts taking into
distrib'ntion of the number of
per precinct and the aggregate number
in the clustered/grouped precincts
one thousard (1,000) (COMELEC
.comprising
an election precinct shall not be
f a new precinct established within 45 days
regular election and 30 days before a speciat
ql3ction_or a referendum or plebiscite
(Sec. I4g, ni. Xttt,
8.P.881).

Polling Place
It is the building or place where the BEI conducts its
proceedings and where voters shall cast
their votes (Sec.
1.52: OEC). The tocation of the poiling place
shalt be
designated by the COMELEC
Qualifications of watchers (Sec. 9, 1Sec. td3,' Aft. Xtil, B.p.
CaMELEC No. 881).
Resolution 9485):
1. Registered voter of the city or municipalit!;
The.transfer of a polling place'without notice given
2. Of good reputation; to
candidates and registered ,voterc is a violation of
3. Neverbeen convicted of any election offense or any due
process provided under the election code (Cawasa
crime; v
COMELEC, G,R. No. 150469, Juty 3, 2002),
4. Knows how to read and write English, Filipino,
or any of
the prevailing local dialect; and
Note:
5. Not related within the 4u' civil degree by consanguinity
ijnOer COrvrfLEC Resotution No. Bg11 (March 30, 2010),
or afiinity to the chairman any member of the BEI-in the
the COMELEC ailowed the setting up of speciaf potfing
polling place where he seeks appointment
as watcher places in established in jails with at least
one hundred
detainee voters who are residents and registered as such

132 SAN Broa Couecr or Lrw

201 3 Crnrnauzeo Bar,OrERAnoNs
 in the municipality or city where the jail facitity is located.
ln case of cities with several districts, detainee voters of
districts other than the district where the jail is located are
entitled to vote in the speciat polting ptaces inside the jails
*:::*:::1i:::u":l:
Gnsrtnc AND Vorlruc:
printer cover, main memory card slot and back-up
memory card slot of the PCOS are intact. Record in
the Minutes such fact and thereafter break the seal of
the printer cover. The Main memory card slot and
back-up memory card slot shall remain sealed during
the voting.
;

cnruvnssrNc i
Obtain Ballots/ldentity Vuification (Sec. J4, COMELEC
Resolution 8739)

Procedure forthe Gasting of Votes:

CAMELEC Reso/ufbn No. j!n, December
leans: Precinct Computerized Voters List (pCVL) and
Zg, Z00g) Election Day Computerized Voters List (EDVCL) and
Proof of Voter's tdentity.

Only voters listed in the EDVCL shall be allowed to vote.

ln case any member of the BEI doubts the identity of the
voter, the BEI shall check his votefs lD card.
General Rule: Voteis identity may likewise be
estabtished by any authenth document,
--."._=i
lf;
--- ''.\ -l$6cgptions:
it* \e,"- -'r
Barangay Certificate and Comrnunity Tax
.

,:n '*to,ffiuildo*, chairman of the voter's name

s&f* gtrgA
LLfiGf; ST
***-**.2.* authenticated vote/s name.
his signature on in the voting record.
3. Chaiknft$all enter the number of the bailot in the
Announcement by the chairman of the
and deliver to the voter one ballot
votefs name

Ballots by the PCOS Machine

Resolution 8739):
shall distincily mark the back of the
il

lnsertion of the Ballot into the PCOS

shall require all member of the BEI to
Machine
at the brck of the ballot.
he rejected ballot shall be placed inside the
Envelope for Rejected Ballots.
Prdiminary Procedures fSec. 33, COMELEC Reso/ufion
Notes:
87s)
a. No Replacement ballot shall be issued.
Prior to commercing the actual voting the chairman of the
b. Any party objecting to the rejection of the bailot
SElshall:
shall reduce his objection in writing, which the
1. Show to the public and the watchers present that the:
board shall attach and note in the Minutes.
a. PCOS box is sealed; Check PCOS Box serial
numbers
Disabled or illiterate voters
b. Ballot box is locked and empty; and
The voter who is illiterate or disabted shall not be deprived
c. Package of official ballots and the Book of Voters
of his fundamental right of suffrage on such ground alone.
are both duly sealed , and thereafter, break the
llliterate or disabled individuals may be assisted in the
seals;
I preparation of the ballot by:
[2 Count the ballots manually. Enter in the Minutes the
number'of ballots; and the fact that the pCOS box,
1. A relative, by affinity or consanguinity, within the
fourth civil degree; or
package ballots and the Book of Voters were shown
to ihe public with the seals intact,
2. lf none, by any person of his confidence who belongs
l 3.
to the same household; or
Any member of the board of etection inspectors (Sec,
Rernove the seal of the PCOS box, retrieve the
h 30, COMELEC Resotution 8T3g).
r PCOS from the box and show that the seals of the

b
Snn Broe Coliroe oF LAw 133
I 2013 CEurnauzro Bln Oprnlrroxs
r
 j

Note: A voter may vote as an illiterateldisabled and be b, lt shall canvass the results by consolidating the
assisted by another person, provided it is indicated in certificates of canvass etectronically transmitted.
his/her registration record that such person is illiterate or Thereafter, the national board shall proclaim the
disabled, and that such appears in the EDCVL and the winning candidates for senators and party-list
VRR (Sec. 30, CAMELEC Resottfion 8739). representatives . (Sec. 22, R.A. 9369)

llft;f.frf$;t'ot' 2 For the president and Vice-president

a'
b. May asslstinry up to 3 times excepr BEr members R:il3:fffJJJl?rt;liifffrTr.r,:f'" "
c. Must prepare the ballot in the presence of the disabled b. The certificatq ot .nurrs for president and
or illiterate voter (Sec. 30, COMELEC Resotution g13g). vice_president duly certified by the board of
canvassers of erch province or city shall be
Election Retums electronically transmifted to the Congress,
A document in electronic and printed form direcfly directed to the piesiOent of the Senate.
produced by the counting or voting machine, showing
the c, Upon receipt of the certificates of canvass,
date of the elmtion, the province, municipality anO ttre the president of the Senate shall, not later
precinct in which it is held.and the votes in figures
each
for than thirty (30) days after the day of the
candidate in a precinct in areas wher.e AES is utilized election, ;d;'ail the cenmcates in
(sec' 2' R'A' 9369)' presence of the senate and the House of
the

.*tr
- --
.'n* * * representatives in joint public session,
.J - -f{ .-J
d:i The Congress upon determination of the
^*li
$}ES& , " authenticity and the due execution thereof in
tne minner provided by law, canvass
G$LL€Gc {}r LAlv.resurts foi piesident ano viie-presiolntail ano the
Boardorcanvasseo -;:'i--n|,,['":XX%1';".11d't#*lii',i,i"i.1Li,i"*
The board of canvass uo e a mirustffid-,e-l--":

:['y*T,"ijyT6G :, i'fiSffiilfi'sffia
submifted toitinduet"'lfi;lli,ffiIi,f,^'il:ffi*q$[-i
to the mechanical or ma
f
I #ces,
RAs36s)

' ,L"ff#ffiT::^:ll?:,-h:':,,T.ffrr,1q
'numFr rygh.:r
one of them shall forthwith be chosen
and declaring the apparent result of the by
of all the members of Congress (Sec.
or compiling the votes cast for each
on the frce of the retums before them, and
resulttila?tff'ffiilf*
WF
orcertirvins the
G.R. No. L-28348, D*e qffin -Sffi, rhe commission en banc sha, determine
rcnticity and due execution of the certificate of
Canvassing Procedure in General:
for president and vice - president and senators,
rOspectively, as arcomplished and transmitted to it by
the
CONGRESS local boards ofcanvassers (Sec. 3l R.A. 9369/.

Composition of Local Board of Canvassers

1. ProvincialBOC
a. Chairman: provincial Election supervisor or a
senior lawyer in the regional office of the
commission
b, ViceChairman: provincialFiscal
c. Members:
i, Provincial Superintendent of schools;
ii. 1 'representatiye from each of the ruling
party and the dominant party in thA
constituency concerned to be represented
National Board of Canvassers:
1. For Senators and party-List Representatives
a. Composed of the chairman and members of the
Commission on Election sitting en banc,

134 SAN Broa ColneE or [Aw

2013 Cexrnalrzeo BaR Openllols
 2. City BoC
a. Chairman: City Flection registrar of a lawyer of the
s of the
President
commission
and Vice
b. Members: President.
i, City Fiscat
Congress and
ii. ActingSuperintendentofSchools
iii. 1 representative from each of the ruling
the COMELEC
en banc shall
party and the dominant party entifled to be
represented
exercise its
power before
the
3. District BOC of Metro Manita
proclamation
a. Chairman: Lawyer of the Commission
The jurisdiction of the pET of the winning
b, Members:
and the SET can only be presidential,
i. ranking fiscal in the district;
invoked once the winning vice-
ii. most senior district school supervisor to be
presidential
appointed upon consultation of DOJ and presidential or senatorial and senatorial
DepEd
1 representative from each of the ruling
candidates have been candidates.
proclaimed. (BANAT Party-
party and the dominant party in the
constituency concemed.
Usf v.
}0MELEC,
4. MunicipalBOC
G.R. No.
177508,
q.
Chairman: Election
Augusf ,
the commission
b. Vice-Chairman: Municipal
August 7,

c. Member; most senior

supervisor or in his
school or the elementary
d. Substitute menrbers: ES AND JURISDICTION
administrator, municipal
court nominated by the
any other available
deny due course to or to Cancel
officials.

Clarification on the Jurisdiction of

COMELEC en banc and of Presidential
Tribunal {PET) and Senate Etectoral Tribunat (SET)
(BANAT v. Commissian on Elections, G.R. No. iT7S\g,
Augusf 7,2009)
There is no conflict of juiisdiction since the powerc ol
Congress and the COMELEC en banc, on one hand, and
he PET and the SET, on the other, are exercised on
different occasions and for different purposes,
i
i
, upon proper petition, may cancel a
of candidacy on the ground that any material
contained therein as required under
Sec. 74 of OEC is false (Sec. 78, OEC), provided that:
1. The petition may be fited not tater than 25 days from the
time of filing of the certificate of candidacy, and shall be
decided, after due notice and hearing, not later than 15
days before the election f.Secfion Tg, CE{.).
2. Jurisdiction over a petition to cancel a certmcate of
candidacy lies with the COMELEC in division, not with
the COMELEC en banc (Garuida y. Sales, G.R lVo.
122872, September 10, lgg7).

2. Petition for disqualification

The sole The sole Under Sec. 37,
judge of all judge of all R.A. 9369, Grounds
contests contests Congress and Under Secfon 1, Rute 25 af COMELEC Resotuiion No.
relating to relating to COMELEC en 9523, any candidate who, in an action or protest in which
the the election, banc shall he is a party, is declared by final decision of a competent
election, retums and determine only court, guilty of, orfound by the Commission to be suffering
returns and qualifications trom any disqualiflcation provided by law
the authenticity or the
of members Constitution may be disqualified.

Sat Beol Coffice oF IAW 135

2013 Cerurnnrrzeo Ban Ore narrorus
 The disqualification is premised on Section 12 or 6g of the
Misrepresentation When declared
in the CoC by final decision
Omnibus Election Code or Section 40 of the Locat
Govemment Code which contain the grounds for
of a competent
disqualifrcation, court, guilty of,
or found by the
Who nay file and period to fite the petitian Commission to
Any registered voter or any duly registered political party,
be suffering from
organization or coalition of political parties may file a
any
verified Petition to disqualify a candidate. The petition
shall be flled any day after the last day for liling of disqualification
certificates of candidacy, but not later than the date of provided by law
proclamation (Secfions Z and 3, RuE Zi, COMELEC
Resolution No. 9523, Sepfem0er 25, 201 Z). Constitution may
be disqualified.
Petition ta d*y due cqrse v. pdition for
disqualification (Daninador Jalos1be Jr. v. Commission
on Hefions, G.R. No. 1932J7,Octoberg.201
Note:
Disqualifications
under Section 12
and 68 of the
Omnibus
Within five (5) Election Code
days from the last for national
day for filing of candidates and
certificate of Section 4A for
candidacy; but localcandidates
not later than
twenty five (25)
days from the
the
\'t
rn\ Candidate with Rule of
time of filing of the second succession shall
the certificate of highest number of be observed
candidacy votes shall
subject of the assume office
Petition.
3. Postponement and failure of Elections

Nofe: ln case of a Continuity PIan

substitute A list of contingency measures, and the policies for
cahdidate, the activation of such, that are .put in place to ensure
Petition must be continuous operation of the AES, The AES shall be so
designed to include a continuity plan in case of a system
filed within five
breakdown or any such eventuality which shall reiult in
(5) days from the
the delay, obstruction or nonperformance of the electoral
time the process (Sec. 11, R.A 9369).
substitute
candidate fited Grounds for postponement of election
his certificate of An election may be postponed by the COMELEC either
motu proprio or upon a verified petition by any interested
candidacy.
party when there is:
a. Violence;
b. Terrorism;

136 SAN Brol Couecr or lew

2013 CrnrnauzEo Bnn OpennnoHs
c. Loss or Destruction of election paraphemalia or
records;
d. Force Majeure; or
e. Other analogous causes of such a nature that, the
holding of a free, orderly and honest election becomes
impossible in any potiticalsuMivision (Sec. 4, OEC).
Failure of Election
a. The COMELEC en banc has ths original and exclusive
jurisdiction to hear and decide petitions for declaration
pf failure of election or for annulment of election results
(Sec, 4, R.A.7166).
b. The proclamation of the winning candidate does not
divest the COMELEC of srrch jurisdiction, where the
proclamation is null and void or is claimed to be so
(Ampatuan v. CAMELEC, G.R. No. l4ggA3, Jawary
u,20a4.
c. The Commission shall, on the basis of a verified petition
by any interested party and after due notice and
hearing, call for the holding or continuation
election not held, suspended or
faiiure to elect on a date
the election not held, suspended or
failum to elect but not taterthan thirty
cessation of the cause of sr.ch
suspension of the election or failure to
B.P,881).
d. ln fixing the date for special elections,
should see to it that:
i. lt should not be later than 30 days
of the cause of the postponement or
the election orfailure to elect and
ii.lt should be reasonably close to the
election not held, suspended or which
failure to elecl (Pangandaman v.
No. 13$4A, Novemfur 25, lggg).
,nstances wfiere failure of election may be declared:
a. The election in any polling place has not been held on
the date fixed on account ol force majeure, violence,
terrorism, fraud, or other analogous causes;
b. The election in any poiling plrce had been suspended
before the hour fixed by law for the closing of the
voting on account of force majeure, violence,
terorism, fraud, orother analogous causes; and
c. After the voting and during the preparation and
transmission of the election retums or in the custody
or canvass thereof such election results in a failure to
elect on account of force majeure, violence, tenorisnr,
fraud or other analogous causes (Slson
COMELEC, G.R. No. 134090, Marcfi 3,1g90).
Reguisftes:
a. No voting took place in the precinct o_r precincts on the
date fixed by law, or even if there wm voting,
election resulted in a failure to elect;
b. The votes not cast would have affected the result of the
election (Tan v, COMELEC, G.R. Nos. 14g575_76,
December 10,2003); and
c. The cause of such failure of election should have been
force majeure, violence, tenorism, fraud or other
analogous causes (Sec. 6, B.p, 8Sl).
4. Pre.proclamation controversy
COMELEC Ru/es of procdure on Drspufes in an
Automatd Election Sysfem (Resolution No. 9904,
March 22, 2A101shafi apply to election disputes under the
Automated Elmtion System (AES) using the precinct
Count Optical Scan (PCOS) and shali cover pre_
proclamation controvesies and election pCItests.
Pr*proclamation controversy refers to the proceedings
of the board of canvassers which may be raised by any
candidates or by any registered political party or coalition
parties, or by any accredited and participating
ls=tisi'group, before the board or oirecily wiin tne
3ull!fi€st{' (seqffiRu/e 3, )aMELEC Resotufon No.
qqq as iri,qffi IIMELEC Reso/ufion No. s164,
lntended the nefarious pretice known as
prolong-the-protesf' (Afrryon v
Daza, G.R. No. 18129i, April 2, 2A0g,
of Justice Nrchura).
tof fte Rules of Court and other retated
tfie C Rules of Procedure, the Rules of Coufi,
on Electronic Evidence shall apply by
or in a suppletory character, and whenever
, practicable, and convenient (Sec. 3, Rute 1).
ln Pimentellll v. COMELEC (G.R. No.t\g4l3, March tJ
2008), the Court discussed the implications introduced by
Secs. 37 and 38 of R.A,9369 to Secs. 15 and 30 of R.A.
7f66. Accordingly, in elections for president, Vice-
President, Senatons and Members of 'the House of
Representatives, the GENERAL RULE still is that pre-
proclamation cases on matters relating to the preparation
transmission, receipt, custody and appreciation of election
retums or certification of canvass are still prohibited. As
with other general rules, there are recognized exceptions
to the prohibition, namely:
v. a. When it appears that any certificate of canvass or
supporting statement of votes by city/municipality or
by precinct bears erasures or alteration which may
cast doubt as to the veracity of the number of votes
the stated herein and may affect the result of the election,
upon request of the presidential, vice-presidential or
SnN Brol Corlrcr or Law t37
2013 CrNrnauzgo Ban OpennrroNs
 senatorial candidate concemed or his party, winning candidate for the position contested would be to
congress or the commission en banc, as tne'case tite a regutar etection ild;i or quo warranto. This rule,
may be shall, for the sole purp0se of verifyingthe however, admits of exceptions and
actual votes as they. appear in the copiei ir tne the froctamation was nr'jtt ,no void.onetn such
of those is where
case, i.e.,
election retums submittbd to it fsecfion 30 ofR.A. *nri. tn. proclamation is nurr and void, theaproctaimed
7166 as amended by Section 38 of RA 9369); cinOlOggp ,srrrpiion ot orir. cannot deprive the
b' conection of manifest enors in the certificate of cougiec ot tne power to dectare such proclamation a
canvassorelection retum;and uility (Raymono b. {spiot v, }}MELEC, et. at., G.R.
A manifest enor is one that is visible to the eye or uo,. iawzz, actobervr "'
11,2005).
'vvv
obvious to the understandingi that which is open,
palpable, incontrovertible, needing no evidence
make it more clear. (O,Hara v. COMELEC. G.R. Nos.
to Procedure on pre-proclamation Controyersies
14894142, March 12,2002) Who may raise:
c' Matters relating to the composition or proceedings of Any cindidate or any registered political party,
the board of canvassens, oryanization, or coalition of political parties (sec. 7,
)1MELEC Resoltttion 8804)'
Issues which nay be raised
il-sgg !, Rule 3, )1MELEC Reso/ufbn No. gg04 (March Before whom may M raised:

lfi"X:,,
a pre-proctamation controversy cover€ onrytruo ylflg*qt ,T_{,T:iiwith the commission (sec. z,
d".r-.- *-enr[ELEC Resotution gB04).
.-
L lllegal composition of the BK#. or Catii,bisC*
1 .ff-t-
(Boc);and €3* L"-;;'"i'1ffiiffi*
:lil'i,$;'jislid5l.ffiffi'ffi {ffi h1ffilffi r*':H:;ll.fi tit#'t:Tf;lltl:
$ffi rii#hlff
amons those
whose
:rff ffi ffi
of qudifi€Ehs
tack
iffi
rvhiTHtrTffi
ti j
i;il:"'.;'%f ii''s'F"i?
ques'[oned"*'tfrifl?fi,
2.
ilm*mil
lllegalpnoceedings
It exisb when the
cercmony, the resr di,qlfiiFilJ:
,w4s ffiffi*;;;i,n";i;;;;
anv of
when the proceedings become illegalfsec.

:ir*ft?:#rfl ;lH:'
canvassins;
_

3. if,flt^|[*i w nofired.before the Boc (sec. 4(a),

8804):
I}MELEC
c. Lack ur
u'Lcur\ of surrrsrent
sufficient nouce
notice to me
the members
memben of the
tfie 1.Upo1 receiptthereof, BCCshall immediatelyannounce
BOC's; or ,6^^ 2, ,r the fact of the filing and the ground/s raised therein.
d' lmproper venue (sec' ^ h..,-
Rule 4) 2. Boc. shall imreo[trrv o'etioerate and within
twenty-four
The basis or rhe canvass shail be the erectrolh.alv
, f3?,ll?iiilil#u:i3fiHli;X':'g8l,l#ll,1?fl***,,.,
2i of R.A.8436 as amended
transmitted resuib (sec' by inform the commission. rhereafter, the commission
secfion 2a' R'A' 9369)' shall make tne appropriate action thereon.

COMELEC Junsdiction
The CoMELEC nas excrusive jurisdietion fiytqgd'tliTJ':,';ll:,":,:f i:ff#*:'T':iL:il
proclamation controvers-ies aising from
national,
_?*.p,..
regional municipal, cig, or provinciairesults.
or localelections (Sec. Z, COMELEC Resolution ggi4).
Petitionel may appeal an adreyg resotution by the BOC
Notes: to the COMELEC (Sec. 4 (a), COMELEC Resb/ufion No.
COMELEC is with authority to annu! any canvass
proclamation illegally 'made' The fact that a
and Sg04l
candidate a, ruoiice of Appeal shall not the formal
illegally proclaimed has assumed offhe is not a bar to the proclamation ii tne otri.iil resuttssuspend
of the election, until
exercise of such power. lt is also true that as a general ine tnat resotution ot tn. upp..r
rule, the proper remedy after the proclamation of the

138 Sax Brol Couecr or Law

2013 CrNrnauzeo Ban OpenlrroNs
 b' within 48 hours from such notice, the petitioner shall Purpose: To ascertain the candidate is la*ul choice
ol
submit before the Board a Memorandum on Appeal the electorate elected to office (De castro v. Ginete,
stating the reasons thereof. G.R. No. L_SI}S| March 2g, Ig6g).
et at.
c, The Board shall then forward the entire records of the

. petitioner.
petition at the expense of the
Jurisdiction over election contests:
d. The petition shail be docketed by of
the
commission and submitted to the coMELEc^ en banc
crerk (originar ano exctusivel
i.priiio.nt and vice-iresident
for consideration and decision.
banc -
supreme court en
e' Within 5 days therefrom the COMELEC en banc shall
render its decision on the appeal'
z. senator
-
Senate Electoral rribunal (SET)
Representative
3.
-
House of Representative Electoral
It--rltg direcuv with,^!r.e commission (sec. 4(b),,.ltj?ffi,,Ht?ciar/city-coMElEc
}OMELEC Resolution 8804) 5. Municipat- negionairiiatcourt (RTC)
1' upon receipt of the of the 6. Barangay/sr< Munlcipal riar court (MTC)
petition, the clerk
commission shalldocket the same, and send summons -
z. sanggunian Kabataan
to the BOC concemed to answerwithin 4g hourc.
i..lf - Department
Govemement (DILG) (Atunan lil
of lnterior and
2' The COMELEC en banc shall resolve the petition within t^'u'tat' ttt v'
v. Mirasot, t
,,tldsut' G.R.
5 days from the filing of the answer, or upon the
ii.-fiAsgg, iutigti,\ii/i
expiration of the period to file the same' ln the absence of any_exprcss provision in the goveming

dis "* -: " - -: *lau--it is the RTc, which has jurisdictlon over
lllegal proceedings
n verneo pettonio tti$fifffi*g#. Jfrffi ;,H# Jffi$"I;r
f *F Lnw #?
before C0MELEC withi ,ix
proctamarion (Sec.C COMELECnesorffi@tLe {i
ACTION FORANNULMENT OF
of RegionalTrtat Court and Municipat
ln an action for annulment of c.2(2), Att. IX-C, Constitntion)
declaration of failure of elections, the a. to COMELEC
conduct technical examination of election "1r decision shall be final and executory,
compare and analyze voteis signatures
in order to determine whether or not the
When decision is marred by grave abuse
indeed been free, honest and clean (Abaya
, may file with the Supreme Court by way
G.R. No. 145007-08, January 28,2003).
civil action for certiorari (Galido v.
G.R. No. 95346, January 18, Iggl;
v. COMELEC, GR No. |4ZSZT, March t,
ElecrroN CoNTEsrs 2001).

Note:
Any mafter advenary proceeding by which matters Under the second paragraph of Section 2 of Article
*rvolving title or clairn of tifle to an elective office, made lX-C of the Constitution, the COMELEC has exctusive
before or after the proclamation of the winner, is seftled appellate jurisdiction over contest involving elective
whether or not contestant is claiming office in dispute barangay officiats decided by triat courts bf limited
v. COMELEC, G.R. Nos. L-6BJTg-gt, Septembr
{Javier
22,1996).
jurisdiction (Beso v. Abaila G.R. t/0. j34g3Z.
February 18,2A0q.

ln the case, however, of election oi barangay officiais, the 2.
tsrm is restricled to proceedings after the proclamation of
the winner as no pre-proclamation controversies are
dlowed (Taule v. Sanfos, G.R. No. 90J36, August 12,
1991, 200 SCRA 512, see RA Na. 66Tg, Sectron g;.
llature: lt is a summary proceeding of a political character
{Gardiner v. Romulo, G.R. No. L-8921, January g, Igl4).
For declsions of COMELEC
Petition for review on Certiorari with Supreme Court
within 30 days from receipt of decision on the ground
of grave abuse of discretion amounting to lack or
excess of jurisdiction or violation of due process
(Sec. /. Att. lX-A. Constitution)
For decisions of HectoralTribunat
Petition for review on ceftiorari with Supreme Court
0n the ground of grave abuse of discretion

SIH Beoa Courcr or [Aw 139

2013 CrHrnauzro Bnn Ope narrons
 amounting to lack or excess of jurisdiction or KINDS OF CONTEST
violation of due process (Rob/es v. HRET, G.R No. A. Elec{ion profesf (Sec. 2, Rute 6, COMELEC
86647, February 5, 1990). Resolution No. 88A4, March 22,2010)
1. May be filed by any candidate who has filed a
certificate of candidacy and has been voted upon
for the same office
Metmpolitan 2. Grounds:
Election
Protest I Trial Courts, a, Fraud;
Quo
MunicipalTrial Tenorism;
b.
Warranto
Courts in c. lnegularities; or
Cities, MTC, d.lllegal acts committed before, during, or after the
MCTC casting and counting of votes
Appeal/ 3. Time to file: within 10 days from proclamation of
Certiorari I results of election.
Mandamusl a.lt is suspended during the pendency of a pre-
Prohibition proclamation controvensy,
b.lt should be decided within 1b days frcm filing in
case of barangay otficials.

wenanto (Sec. 253, Art m, B.p. gSl)

by any voter in the constituency,

Elffil*
ld a.
Appeall G€ $F the Republic
Certiorari I within 10 days after proclamation of
Mandamusl
Prohibition
Ceftiorari and Quo
(from
COMELEC

Election Strictty a contest Refers to

Protest I Quo between the questions of
Wananto defeated and disloyalty or
winning ineligibility of the
candidates, winning
Election based on candidate, lt is a
Protest I Quo grounds of proceeding to
Wananto election frauds unseat the
or inegularities, ineligible person
as to from office, but
who
actually obtained
not to install the
Election the majority of protestant in his
Protest I Quo the legal votes place.
Wananto and therefore is
entitled to hold
the ofiice.
Can only be filed Can be filed by
by a candidate any voter. lt is for
who has duly this reason that it
filed a certificate is not considered j

of candidacy and a contest where I

has been voted the parties strive

for. for

140 SaN Broe ColreeE oF [Aw

2013 Ce Hrntrrze o Ban Oprnnnons
 A protestee may COMELEC Resolution 8804, as amended by COMELEC
be ousted and respondent may Resolution No. 9164).
the .protestant be unseated, the
seated in the petitioner will not' The Director of the Election Contest and Adjudication
office vacated. be seated. Department (ECAD) shail immediately docket the protest
(Luison v, and raffle the case to either the First or Second Division of
Garcia, G.R. No. the Commission (Sec. 8, Rute 6, COMELEC Resolution
10981, April 25, 8804, as amended by CAMELEC Resotution No. gl64).

Jurisdiction of the Commission on Elections

The COMELEC, through any of its Divisions, shalt have
exclusive original jurisdiction over all election protests
involving elective regional (the autonomous regions),
provincial. and city ofricials (Sec. I, Rule 6, COMELEC
Res. 8804, March 22, 2010).

A petition for certiorari questioning an interlocutory order

of a trial court in an electoral protest is within the appellate
jurisdiction of the COMELEC (Cenaco Butitis v. Vtdrgino----.- __.b*
-' j
Nuez, Hon. Pres. Judge, Oth MWh-uMy,
at., G.R.No. 195953, Augustg, 201W $itot,l{
.' :: t'rt
;;* ;;;;---i
procedureonetectionproresrs
*j
Eh"cpll€S.$.gl*flv
whomayntepetTion Wl.S-T
By any iandioate who was vored for infrhurtdiffi i i
and who received tne seilnl"oiinil;irffi;iffif# i J

votes or, in a multi-slbt position,

wm
candidates following the tast rankedlffinet Outy
proclaimed (Sec. a Rule 6, COMELEC ffitrdn wo.
8804, as aneffied by COMELEC

Note:
Protestant - party filing the protest;
Protestee - the advense party

lfi,w initiated
An election protest or petition for quo wananto shall be
fred directly with the Commission within a non-extendible
reriod of 10 days following the date of proclamation (Sec.
I Rule 6, COMELEC Resolution 8804, as unended by
COMELEC Reso/ufion No. 91 64).

Each contest shall refer bxclusively to one office but

ryrtents lor offices of the Sangguniang panpook,
futgguniang Panlalawigan or Sangguniang panglungsod
nay be consolidated in one case (Sec. 3, Rule 6,
WAELEC Reso/ufion 8804, as amended by COMELEC
#olution No.'9164).

+ndency of pre-proclamation controversy involving the

ddity of the proclamation suspends the running of the
gbd to file an election prrotest (Sec. Rule 6, i,

SaN Brol Corlrse oF LAw

2013 Csxrnauzro Ban OpeunoNs
 PROCEDURE OF ELECTION PROTESTS
4. Number of votes credited to the parties per
proclamation
Filing of election protesVpetition for quo
wananto with COMELEC within 10 diys 5. Total number of precincts of the region, province
or
from proclamation city concerned -
6. Protested precincts and votes of the parties in
the
protested precincts per the Statement
of Votes By
Director of the Elec{ion Contest and Precinct or, if the votes of the parties are not
Adjudication Departmenl (ECAD) shail
,. specified an explanation why the votes' are
are not
immediately docket the pi-otest and raffle specified
the case 7. Detailed specification of the acts or omissions
complained of showing the electoral frauds,
anomalies or inegularities in the protested precincts
Within 3 days from the filing, corresponding
summons shall be issued to the protestee or Summary disrnissal of eteclion confest
respondent

9r:yf!:_!ot summary drbmissai (Sec. g, Rute 0

Filing of answerwithin 5 days from notice COM ELEC ResoI ution I g0 4) :
1. Commission has no jurisdiction over the subject
matteI
Commission may order the production and
c.u:todl of ballot boxes, eleclion documents, :r-hFit'-'$ ; ffifiHll'l,f$#ilX,'lH1]hed
data stoi'age devices,, and machines used in
"' in these

the elections

Preliminary conference - within 3 days after

the filing of the last responsive pleading, or
ffiffi 186qtffit
f, H.'ll T,?-'xi
v. COMELEC, 6,R Nos. lg6A07
27,200e);and
iTil' T pE
&

expiration of the same period without inv 5. !t .F$rtest where a cash deposit is required,
responsive pleading having been filed
l!"irffipo1t is not paid within ntteen lrSj oays
of the protest.

Recount of ballots/re-tabulation of election 1, Rule 7, COMELEC Resotution gg04)

documents

of the Commission or Division or upon

of the Commissioner or Division
By the Sheriff of any Court in the place where the
parties to be serued reside or for special
reasons
3, By: person especialty authorized by the Commission
orDivision

Presentation and reception of evidence

Within 3 days from the filing, conesponding summons
to
the protestee or respondent shall be issued'togetner
with
a.c9py cf the protest. requiring the filing of an answer
The Commission shall decide the
election contest within 30 days from the
within a non-extendible period of 5 days from notice.
date it is submitted for decision (Answer may include counter-protest; answer
to counter_
protest shall be made within a non_extendible period
of
five days from notice.)

Contents of election protest (Sec. T, Rule 6, CAMELEC

Whenever the allegations in a protest or counter-protest
Resolution 8804)
so wanant'and when it finds the same necessary, the
1. Fosition involved
Commission may order the production and custody
2. T,hat the protestant was a candidate who has duly of
ballot boxes, election documents, data storage devices,
filed a certilicate of candidacy and has been voted and machines used in the elections.
for the same ofiice
3. Date of proclamation

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2013 CrNrnaltzED BAR OpsnarroHs
Preliminary conference
d. The committee shall prepare and submit to the
Within 3 days after the filing of the tast responsive Commission a recount report per precinct
pleading, or expiration of the same period without
any Presentation and reception of evidence
responsive pleading having been filed, the Commission The reception of evidence on all matters or issues raised
shall conduct a mandatory preliminary conference among in the protest and counter-protests shall be presented
the parties (Sec. 1, Rule 13, COMELEC Resolution Sg04l. and
offe'red in a hearing upon completion of (a) the recount
of
ballots, or re-tabulation of election documents, or (b) the
Matters considered in mandatory pretiminary conference
(Sec. 1, Rile 13, COMELEC Resoiution SS}i.y: 9c_hn|cal examination, if wananted (section 1, tg.nie
COMELEC Resotuton BB04).
1. Simplification of issues;
2. Necessity or desirability of amendments to the Order of heaing
pleadings;
1. Protestant silatt present evidence in support of the
3. Possibility of obtaining stipulations or admission of facts protest
and of documents to avoid unnecessary proof; 2, Protestee shall then adduce evidence in support oi the
4. Limitation of the number of witnesses;
defense, counterclaim or counter-protest, if any
5. Nature of the testimonies of the witnesses and whether 3. Parties may respectively offer rebutting evidence only
they relate to evidence aliunde, the ballots or othenivise; unless the Commission for good reasons, in th;
6. Withdrawal of certain protested or counler-protested furtherance of justice, permits them to offer evidence
precincts (especially those where the ballot boxes or
upon their original case
ballots are unavailable or are missing and cannQL bg _"
shall be attowed (Section 1, Rule 19.
located or destroyed due to qgJ[rrat rlisgiens W
calamities)l Hk ^ 1"""*-; 8804).
7, Number of rwountcommittees to be .
I
gAl{ s
8. Procedure to be followed in case the
counter-protest seeks, COM ELEC Resotution 8BO4)
wholly or
examination, verification or re- procedure:
refums;and
9. Such other matten as may aid in the
of candidates was hekt on the dab
of the case. and in the polling place determined by
ion on Elections;
fubryna N testificandum or subpoend
ls of Election lnspectors were duty
nay be issued by the Division motu and organized;
parties and candidates were duly
equest of the parties in any case (Sec.
by poll watchers;
}OMELEC Resolution 8804).
watchers were able to perform their function;
Recounf of Ballots
-le of ballots shall commence on the date
recount
e. The Minutes of Voting and Counting contains all
the incidents that transpired before the Board of
scified in the preliminary conference order, unless Election lnspectors.
esdeduled by Oder of the Division (Sec. i, Rule li,
WlE?Resolution 8804). 2. On election paraphernalia

a ffitwus Recount - Once commenced, the

a. Ballots and election returns that bear the security
marketing'sand features prescribed by
ecu.nt shall continue fiom day to day as far as the
Commission on Election are genuine;
fdhable until terminated (Sec. 4, Rule 15,
.

b. The Cata and information supplied by the members

WELEC Resolution 8804).
holrib'ted Access
of the Boads o{ Elecfion lnspectors in the
otler than the -Commission, the clerk of the
Duiing the recount, no person
accountable forms are true ancl correcti and
c. The allocation, packing and distribution of eiection
Commission, the Recount Coordinators and the
documents.or paraphemalia were properly and
members of the recount committees, tre parties and
timely done.
their duly authorized representatives, shall have
access to the recount area (Sec. S, Rule IS, On the appreciation of ballots
COMELEC Resolution 8804).
a. A ballot with appropriate security marking-s is valid;
C,onduct of the Recounf shall be done manually
and visually.
- b. The ballot reflects the intent of the voter;
c. The ballot is properly accomplished;

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2013 CrNrnauzro Ban Oprnelor.rs
 d' A voter personality prepared one ballot, except in with respect to who shall discharge the prerogatives
the case of assistors; and office within their gift (/d./.
of the
e. The exercise of one's right to vote was
voluntary
free' and
The widow of the protestant has no status
of real party in
interest to
Decisions substitute/interyene for the tatter wfio Oleo
Arrovo,
The commission shail decide rhe erecrion contest
30 days from the date it is submitted for decision (Secfion
within ITT Hr:til::l:;fl;ffi'ff:;;fi:t*t(Poev'
1' Rule 19' }aMELEC Resotution 88a!' Assumption of office by the protestant constitutes an
abandonment or withdrawar of protest oi at the very-reast,
General rule on .
the proper
. lemgdy after the uoinlonment of the determination to protect and pursue
proclamation of the winning candidate toi ttre position t"
contested: Juori. interest invotved in the matter of who is the reat
choice of the- elechrate (Defensor-santiago
File a r
regular election nrnraor Ar
p.rotest or 6
a ^^li+i^, quo
petition 1or p.e.i v.
Ramos,
case No. 003, January lg, z1ag, reiterated in
warmnto' The filing of an election protest ot quo *ananto
rt vv
tgoaraa v. De vqo"vr
castro,'p.E.i.-case
PREOLUDES the subsequent firing of a pre-procramation
1g:gq:'
' 'L' ' ' No. 001, February tJ,
'

controversy or amounts to an abandonment of one earlier

to Distinfions between cruo wananto in etective and
filed' thus depriving the C0MELEC of the authority
oithe iiiointive omce
in!.rjp into and pass upon the,tifle of the protestee

t11ry,$fl:1,;Ti\f;W{vi,amor;co\*-.fr ,pffin**1'.ltallil:';;[,.,::il,,.,ty:,:Ti[il
i,onq**ru Eem;ffi'ffffi*
hishest number or votes as
Rea-son for the senerat,..rute:
connict or authoritv
ro
(vittamor v.
ffi;ont
co,.ffifirogpg**m'ffi:::j131:13,il
169865, July 21, 20AQ. the resarity or *re
murt or tribunal detennines who of the
title to the ofiice.
Exceptions:
1. The Board ofCanvassens was
Z.euawanantoi';'idild;'ii',io.ffi't:ll::: (t*tos v IIMELEC, G.R,
1
3. Whlt filed rr,6-
was filad
What rrrnc was not
^, reaily a petifibh tol ftW,ffi;l;o!;;'
or an erection p,ot Igffi'^m^ff'*:lP-f
, ln ;;nl-il; ; Jlr,'5"or,iiirffiffi,;frfi',^:
;J, ;.,.ffiH"
without prejudice to the pre-proclamation
vr
or was
wcr> rrdue
made au cautelam: al
ad caurctami
el

f ffi;l''l',.''iJ:,:tff1ffi''li
incidenis.
i.f'l^'i::11?n,pendins

ar aft: are valid and specialreasons to gnnt the

was null aq
5. The proclamation was void (Dumayas,T.ff
and void (Dumayx, Jr4
.n_Ttl_
COMELEC, G.R. No. 141952-53, ApritZ0, Z\bfl.
1, The public interest is involved or the will of the
electorate;
There is no lar or rule prohibiting the simultaneous 2, The shortness of the remaining portion of the
prosecution 0r adjudication of pre-proclamation
term; or
3. The length of time that the e]ection conteit has
controversies and election protests since it involves been
pending.
elective officials, and are of different issues. (Tan v.
CAMELEC, G.R, Nos. 166143-47, tttovember 20, i0061
However, the rule must be stricfly construed against
the
movant, and only when the reason is of such
Effect af death of protestant urgency will
such execution pending appeal be allowed, as it
The death of the protestant does not is an
necessarily grpqtjon !o the generat rute (Camtian vs. CaMELEC,
exting.uish an election pr:rotest (De Castro v, COMELEC, G.R. No. 124169, Apfl 19, i997).
G.R. No. 125249, February7, lgg|).

It must be filed before the expiration of the period for

An election protest is imbued with pubiic interest which
(Retampagos v. Cumba, G.R No. rrdSil;
raises it onto a plane over and above ordinary civil ?qp9?L Apit
27,1995).
actions, because it involves not only the adjudication
of
the private interest of the rival candidates 6ut also the
The parties had five days to appeal frofi service
paramount need of dispelling once and of
for all
the judgment within which to appeal,
Accordingly, he may file
uncertainty that becrouds the real choice of thb erectorate

144 SAN Erol Coilrce op Lew

2013 CrNrnauzro Ban Opeurrous
 a motion for execution pending appeal during such period appointment, creation of new positions,
(Zacatev. CAMELEC, G.R. No, 144678, March 1,2001). promotion, or granting salary increases

;'""'" ii, lf position to be filled is essential tO the

i ELEcrloN Orrenses i
proper functioning of the office, as long as
it is authorized by COMELEC and thait the
:...."...",...""",..: position to be filled shall not in a manner
that may influence the election
Some prohibited acts under Section 261, Art, Xil of c. ln the case of Ong v. Henen Maftinez (G.R. No.
8.P.881: 87743, August 21, 1990), the court clarified that
1. Vote-buying and vote-selling Secfibn 261 (g) appties onty to those
a. By giving, offering or promising money or anything appointments covered by the Civil Service Law,
of value (including employment) and not to the filling up of vacancies in the local
b. By soliciting or receiving any expenditure or governments units.
promise of any office or employment, public or d. Any appointment or hiring in violation of this
private provision shall be null and void
c. Distribution of cigareftes to people who attend a
political meeting is prohibited (peopte v. Fener, 6. Promoting or giving (by any govemment officiat) any
G.R. No. L-8957, Apit29,19i7). increase of salary or remuneration or privilege to any
government official or employee
2. Conspiracy to bribe voters
Two or more persons, Rxolution No. 8737, December 29,2009
who come to an of Budget and Management (DBM)
commission. of vote-buying sri[ro Fesefffe on Audit (COA), inctuding alt
decide to commit it f;$LLfiGC #Fmerr shall not release or authorize the
appropriation, or pass in audit,
Wagering upon the result of the of public funds that may be
Any money or thing of value put up in violation of the foregoing prohibitions.
shall be forfeited to the
Att. Wl, B.P. 881) detail of govemment official/ employee
EC approval (Sec. 261 (h), Att. X/Jt,
Coercion (Sec. 261 (d), Att. X(Il, B.P.
a.Commitied bywhom public
-Any
corporations or any head, superior or prove violation, two elements must concur:
of any religious oqanization or any fact of transfer or detail within the elecilon
land owner period as fixed by the COMELEC; and
b.Committed against whom The transfer or detail was mde without prior
members, parishioners employees, house helpens, approval of the COMELEC in accordance with its
tenants, overseers, farm helpers, tiller or lease implementing rules and rEulations (People v.
holders Reyes, G.R. No. 115022, August 14,1995).
c. How committed
i. By coercion, intimidation or compuision The transfer or detail of govemment officer of ernployee
ii.By dismissal or threat to dismiss or to reduce will not be penalized if done to promote efficiency in the
salary, wage or connpensation or by demotion, govemment servlce (People v. Reyes, G.R. No. 11S0ZZ,
transfer, suspension, separation, August 14,1995).
excommunication or e.iectment
The phrase "any transfer or detail whatevef indicates that
r5. Appointment of new employees (Sec. 261 (g), Art.
wil, B.P. gg1)
any movement of personnel from one station to another,
whether or not in the same office or agency during the
a. When committed
-
During the period of 45 days election is covered by the provision (Rega/ado v. Court of
before a regular election and 30 days before Appeals, G.R. No. 115962, February 15,2000).
specialelection
b. Exceptions: COMELEC Reso/ufrbn No. 8737, December Zg, Z00g -
i. ln case of urgent need, with notice given to The Department of Budget and Management (DBM) and
the COMELEC within three (3) days from the the Commission on Audit (COA), inctuding all their field
offices, shall not release or authorize the release of any

Slru Broe Corrrce or law 145

2013 CrNrnauzro BaR Oprnanoxs
 appropriation, or pass in audit, payments
public funds that may be directiy
expenditures of b. ?uptnn_ Any peace officer authorized by Br
foregoing prohibitions' i,seO in viJtation ot tne Commission to supervise the election is entifled
J

to car'ry firearms b," ,ny other weapon for

the
8. lnlerv_enlion of publlc
F -/ --- (sec.
purpose of preserving order
and enforcing the
261 (i), Att. XXtt, B.p.
ilp.o
ggl)
and emptoyees rYVv! row

a' electiot
intervenins in anv
:Jfffilt&indirectlv l:g:rl-:l:j n.cessary thar rhe deadry weapon be
b. er, ingigins in any partisan pcriticar acrivity, ;:Tflrll':.|,'rilTTt,$,1'h:,..NTr'J,'iHfi'.:?.iJ
to preserve public order, if he i; enougn thar the accuseo carried a deadty weapon
ilT#JHoc',:ror within the prohibited radius during rny
oi it,r'ouv, ,no
g. Undue influence hours specified in the law (t,tapiaiv
nAgr_ilurrr,
A'M' No' RTJ-94-1208' Jaiuary'26, 1gg5)t.'
oone tt'tough iromising, making/ offering
to make
expenditures' causing expenditure; soiiciting
or 16. carrying o-f rirearms outside residence
receiving expenditure, promise or offrce or prace of
business (Sec 261 (q), Art.XXil, g.p, ggl)
a'
10. Unlawful erecrioneerins fsec. 261 (k), tut
88t)
wil, B.p. IJ:Tliliilffve
Permit to carry are included in

a y:;:,##{*d - b' Mustbe authorized inwriting bythe Commission

a. When committarr .-ln t ry.i'-ta'*--,ir- *{p-}1;#"*ii;il,-1fti,"lJo
rha darr aj na,^4-^,^-
- on the dav KT;?'}5',i:,
b. uow iiimmeo ev$fiins *o--# :t--$.J*tj:ered residence, place of business or
-
undefiaking any propaganda the BER&f* ftg*s. shrti
fr il'f :S#';1ry-9,;'9ffi
day)
r"Hgffi?l'i'.'il#:A#,1.f Iff f**
etection
W ]' ;&_ i rz. ur. water or air crafi (sec. 261 (r),
11' Harassment and dismissar or emnr#. l"*,ll^s I yffi:frrffiuand,
YW III\
and enans
12. Appointments or
agents, confidential
ur

;;.-ffilW#ffidff',:::# ;
13. lllegalreleasggf prisonensbeforcandaftererection4- \ SrllElJJ*t
Jv'y'LLLw
of business with authoritv ri,i n,
a. Committed by Director of the Bureau of
-
Prisons' provincial warden or keeper of jail
b. How commifte{ _ sy inesatiy oroerins or 18, ii-xxit,-i.i.'l;;)."
the wearing of uniforms and beaflng arms (sec.
""" {s), 261
allowing any prisoner detained in the national
;, When committed_ During campaign period and
penitentiary or the provincial,
city or municipaljail on the day before and on election day itself
to leave the
Prgqles thereoi sixty (60j ddys b. prohibition inrJinot
before and thirty (30) days after the eiection rppry on rhe fonowing:
i. when saio mem-oer is in pursuit of a person
14. iise or pubric runds, equipmenr and racirities
election campaign ror il:iiJfffru:U;; ;niins'u.i*o'n
ii. when escorting or providing security for
the
15. Carrying- of deadty weapon within a radius
of 100 tt
pavrolls, deposic 6t other
f:,H[?*
rneters from precinct (sec' 261 (g), Art
881)
wtt, B,P. iii. when luarding the residence of private
persons' private residences, building
a. when committed.- During rcgistration day, oroffices
election day' counting of votes andpreparation
etection retums
of 19. Release, disbursement or expenditure public
of funds
(Se c. 261 (v), Artbte XXtt, B.p. g[l)

146 SAN Brol Cor.Lree or law

2013 Crurnauzeo Ban Oprnarpxs
 a' when committed
-or Forty-five (45) days before a Persons criminally tiable (sec, 263, omnibus Hecrion
regular election 30 days before a special Co*el
election L Principals, accomplices and accessories as defined in
b. Any and kinds {6 of ^,,r^,;^ ...^-,--
^, pubric works, except the the Revised penarcode
following: 2. lf the one responsiote oe a political party or an
i' Maintenancer of ovi*in a andlor
nf existing anAtat completed its president or head, ine omciats and employees
entity,
public works project of
the same, performing duties -,s connected with
ii' work undertaken by conhact through public the
bidding held' or by negotiated -.c?ntfct
otr.nr. committeo u'io members who may be
principats, r..orpli.r, or accessories
awarded' before the 45 day period before shal be liabte,
in aodition-to tne r[uirity orsuch party or entity.
election 3. Director of prisoni, pioiinciat waroen or Keeper of
work nanaoo*a+a,.
iii' Emergency urnrrr necessitated by the the jail in case ot priron.r or prisoners illegally
occurence of public calamity released trom in}, prnitrntirr}, or jail during
the
prohibited period'
20, construction of pubric works, derivery 0f materiars for
public works and issuance of treasury wanants
similardevicet
and Penalties (sec. 264, omnibus Hection code)
a' when committed.,- Forty'five .- beforg q l.lmprisonment
,,:, days
Er*.3r.^ (45) of noiiess n-an t year nut not more than
o },.r" and shall not be subject to probation
regular election or 30 days before special
,a 2. Disqualification to hold public office and
deprivation of
etection (Sec.26t
e,eeuvr ll:trL. zu t (w),
lw), ArticteWtt,
Hucre AAI|, tr.|J. A41L.,z " _::* .-SgJght of suffraOe
B.p. A..p_1l.",r*__*_"-qbdightof suffrase

2lsuspensonoreectlrJ,%Im#T*g#,-t'Jffi?ffi
llJ?;li,lli-X',
barangay offaer fSe
a ::ffid,iilii,l3'f
ff*,;:i1}i;''
approval
*bJ*:i,,ffiffiffisffi
of the commission,
provincial, city, municipal or
Good
$;:::*.0,.
a defense in election offenses.
pav

Election are generally mala prohibita. proof of

b. Exception: if said suspenSion will
not necessary, Good faith, ignorance or
of applying the Anti-Graft and is not a
Act in relation to the suspension
defense (Baytan, et at. v.
rl of No. 153945, February 4,2003).
elective ofiicials, in which case sof
this section shail be inappticable
in special laws
22. On registration of voters
Law of 1987
23. On voting
Registration Act of 1gg6
24. Oncanvassing q$tA 9189, Overseas Absentee Voting Act
25. Prohibitions relating to Candidacy and Campaign 4. RA 9006, Fair Elections Act
26, OtherProhibitions (Eec. 261 (dd), Att. Wil, 8.F,. ggt) 5, RA 9369, Law on Automated Elections
a. Liquor Ban
b. Sale and Display of Merchandise Electorat sabotege (Sec, RA 9369)
c, Fairs, Cockfights, Sports 42,
When the tanrpering, increase or decrease of votes or the
d, Refusal to carry Election rnail refusal to credit the conect vetes and lor to deduct
e, Discrimination in the Sale of Airtime tampered to deduct tampered votes are perpetrated on
27. Other Election Offenses under OEC (see enumeration large scale or in substantial numbers, the penalty to be
under Sec. 262, Art. Wil of B.p. ggi) imposed shall be LtFE tMPRISONMENT.
Examples:
a. Election campaign or partisan political activig Three ways to commit electaralsabofage under Section
outside campaign period (Sec. g0, B.p.ggl) 42 of Republic Act 9369
b. lntervention cf foreigners in any manner in the a. When the tampering, increase and/or decrease of votes
elections (Sec. B/, B.p. Sg1) perpetrated or the refusal to credit the conect votes
c. Removal, destruction or defacement of lawful to deduct tampered votes:
or
election propaganda (Sec. 94, B.p. ggl) i. islare committed in the election of a national elective
office which is voted upon nationwide, and

SaN Beoe Colreer or LAw L47

2013 CeNrneuzro Ban OprnarroNs
 ii. shail adversery affect the resurts 0f
the erection to the relating to failure to register or to vote (S*tion
said national ofiice tothe extent that losing 26g,
AfticleWil, B.p. Bgt).
candidate/s is/are made to appear the winner/s;

Note: This deals with the election of national

elective Prosecution of election offenses
officials such as the president, Vice president,
Senators The Commission shall, through its duly authorized
and Party List Representatives. legal
officers, have the power, concunent with
, the other
prosecuting arms of the government,
b, Regardlessbf the elective office involved, when the to conduct
tampering, increase and/or decrease of votes
preliminary investigation of
all eleciion offenses
punishable under this Code, ancl prosecute
committed or the refusal to credit the conect votes the same
or to (Sec. 43, R.4. 9369/.
deduct tampered votes perpetrated:
i. is accomplished in a single election document, OR
Sec. 43, R.A. 9369 does not viotate Sec. 2(6),
ii. in the transposition of the figure/results .from Art tX_C of
one Constifution. The grant of ,,exclusive povrer" io
election document to another investigate
and prosecute election offenses to CbnAgLEC
iii.in both cases above, the votes involved exceed was not by
five virtue of the Constitution but by OFC, a legislative
thousand (5,000) votes, and that the same adversely
enactment. Thus, Sec. 43, which grants COMfigC
affects the true results of the election; tfre
power, concurent with ather prosecuting
arms of the
govemment, to conduct prOliminary investigation
c, Any and all other forms or tampering increase/s of all
offenses and prosecute the samd is a valid
decrease/s of votes perpetuated el-h cases Ofl
'* tS .ol
to credit the conect votes or 'ed.vord3T 9T -265 of OEC, pursuant to ptenary
where the total votes involved thou$frN sl Tery or repeal laus (furangay
pevT
9nd Tnnspaency peuAfl
(10,000) votes
c$LLf G* fiffldr#n{u G.R No.
"29s[-'i 1T7S0B August T,

Committed by: any persoD, any I

any member of the BOC
of election offenses: (Sec.
26i8,
Any and all either persons or i '1.'ln prosecution of election offenses shall
be conspiracy or in connivance with the
BEls or BOCs involved, shall be by the COMELEC. The investigating
m
penalty of life imprisonment. '1"
the case within five (S) days from
I
Jurisdiction over election offenses
t shall likewise give preference to election
over all other cases, except petitions for writ
1. COMELEC has exclusive jurisciiction to of
as corpus, Cases shail be decided within
prosecute cases involving violations thirty (30)
of election from submission.
(Sec. 2 (6), Att IX-C, tgg7 Constitution);
a. But COMELEC may detegate the power
to the Prescriptive period for election offenses
Provincial Prosecutor (people v. Judge Basitia,
G,R. Five (5) years from the date of commission
Nos. 83938-40, November'6, igsg), fSec. 26T of
ffie Omnibus Etection Code (8.p. ggl).
b.lt is not the duty of the COMELEC, as investigator
and prosecutor to gather proof in support o a
Note: lf the discovery of the offense is made in
comptaint fited before it (Kilosbayan v. \'OMEL1C, an eiection
contest proceedings, the period of prescription
G.R. /Vo. 129054, October 16, lgtil). shall
commence on the date on which the judgment
c. The Ombudsman or prosecutor may only prosecute in such
proceedings becomes final and e*ecutoiy
election offenses if deputized Oy tne bOU'ELEC (Sec. (gec. 267,
oEC).
265, Art. XXlt, B.p. 8gl).

2
Prescription of election offenses is intemrpted when
]he Regional Triat Court has exclusive
jurisdiction
originat
to try and decide any criminal actioni or
proceedings are instituted against the
offender.
Specificalty, the period of prescriptlon is intenupted
proceedings for violation of election laws by the
(secfion 26g, filing of complaint even if it be merely for purposes
ArticleXXil, B,p. BBt). ot
qrgliminaV examination or investigatioi paytan, et at. v.
3, The Metropolitan or Municipal Trial Court, by way
COMELEC, G.R. No. 153945, reiruary i, ZOOiI
of
exception, exercises jurisdiction only over
offenses

148 SAN BEDA CoLIEGE oF LAw

2013 CrnrnaLtzED BAR Openerror.rs
 :""""'
i CENERAL Pnrxcrples i ApuuNtsrRATtvE BoDtEs oR i
:"...."..,, .."...,: : Ac ENc tEs :

Administrative Law Administrative agency

It is the branch of public law under which the executive A body endowed with quasi-tegistative and quasi-judiciat
department of the government or a constitutional powers or both for the purpose of enabling it to carry out
commission like the COMELEC, acting in a
quasi- laws entrusted to it for enforcement or execution (Cruz,
legislative or quasi-judicial capacity or both, interferes with Philippine Administrative Law, Z00T ed., p. 1Z).
the conduct of the individual for the purpose of promoting
the well-being of the community (Cruz, Philippine Manner of creation:
Administrative Law,2007 ed., p. 1). 1.By Constitutional provision;
2.By legislative enactment; or
It is the branch of public law which fixes the organization, 3.By authority of law (Albano, Potiticat Law Reviewer,
determines the competence of administrative authorities, 2044 ed,, p.724),
and indicates to the individual remedies for the violation of
his rights (Nachura, Reviewer in Political Law, ZMg ed., Administrative agencies direcily created by the lgg7
p.alQ, Constitution:
1. Civil Service Commission (Nt tX-B)
Sources: on Etections (Art, X-C)
-- *,.T**ri:2.Qg41mission
1. Constitution;
i"' lf, ,1.1 3. ffim\ion on Audit (Art. X-D)
2. Statutes creating adminjstrative i..-** '* tOtnee-Oj the Qftflfdsman q'rs
"'-*W""rrrq' and his
rrre vePu.so
Deputies l'(Art. X,
3. Court decisions interpreting mrtersssf{ 8g$d;:
ad ministrative bodies; GdILL€$E Ssonritrnffiuman Rights (Art. xrrt, Sec. 17)
4. The body of rules, regulations and
administrative agencies (Suarez, of the President
Reviewer, 2AAZ ed., 7 39). power is the executive's rule-
in implementing or executing
Administration is understood in two powers. Chapter 2, Title 1, Book
1. lnstitution
-
aggregate of individuals
the reins of govemment are for the time
Code of 1987, on the Ordinance
provides:
2. Function
-
the actual running of the
the executive authorities through the a - Acts of the President providing for
general or permanent character in
laws and implementation of policies or execution of constitutional or
Greenhow, 114 U.S. 270, April20, 1885). powers shall be promulgated in executive
(Sec.2).
Two aspects of administration as a function b.administrative orders
l.lntemal administration -
Acb of the President which
- covers rules defining the
relations of public functionaries inter se and embraces
relate to particular aspecF of govemmental operations
in purcuarne of his duties as administrative head shall
the whole range of the law of public officers (Cru2, be promulgated in administrative order (Sec.3).
Philippine Administrative Law, 2007 ed., p. 8). c. Proclamations
-
Acts of the President fixing a date or
a stalus or condition of
2. Extemal administration
-
defines the relations of the
public office with the public in general (Cru2, Philippine
declaring public moment or
interest, upon the existence of which the operation of a
Adninistrative'Law, 2007 ed., p. 8). specific law or regulation is made to depend, shall be
promulgated in proctamations which shall have the
force of an executive order (Sec. 4).

EXECUTIVE COMMITTEE SUBJECT COMMTNEE MEMBERS

iAN' MICHEL GEONANGA overoll
choirperson, JOSE ANGELO
choirperson for ocodemics, RUTH ABIGAIL
ACERO choirperson for hotel operotions, JR
RECALDE vice-choirperson. for operotions,
MARIA CARMELA HAUTEA vice-choirpenon
for .secreiqriot, MARK ABILO vice-
choirperson for finonce. RYAN LIGGAYU
vice-choirperson for electronic dolo
crocessing. JOMARC PHILIP DIMAPtLIS vice-
choirperson for logistics
ERIKA MARIE GALLEGO subject choir, Mork Joshuo Angel, Richelle
DAVID VEDA MARIE VEDAN ossislont subject Joy Belgiro, Joy Somontho
choir, IAN DANIEL GALANG edp, Corufrgoy, Dominic Poul
low l,
KENNEII-i ReCnNtOt't constilutionol Genson, Jqsmine Rose
LUCILLE GAYE MORENO consliiutionot Moquiling, J<:nelle Mupos,
lqw 2, JACK BRYAN HUFANO Cesor Ruperto Ong, Rolen
odminislroiive lqw ond low on public Poulino Jr., Gelocio Rivero
officers, ANGELO ABELLA low on public lV. Florion Solcedo, Chorisse
corporotions, KRISTINE GRACE MENESES Toledo, Felix Michoel Villo
eleclion low, YVFIE MARIE SOLA public
iniernotionol low
d. Memorandum oldersActs of the president on
rnattens of
- or of subordinate or
administrative detail
temporary interest which only concem a particular
officer or office of the Government shall be embodied in
memorandum orders (Sec. g).
e. Memorandum circulars Acts of the president on
matters relating
-
to intemal administration, which the
President desires to bring to the attention of all or some
of the departments, agencies, bureaus or oflrces of the
Govemment, for information or compliance, shall be
embodied in memorandum circularc (Sec. 6).
f, General or special orders
- Acts and commands of
the President in his capacity as Commarder,.in-Chief of
the Armed Forces of the Philippines shall be issued as
generalor spcialodens (Sec. T).
President's ordinance power is limited to
issuances mentioned in the foregoing provision. She
cannot issue decrees similar to those issued by Former
President Marcos under PP 1081. presidential
are laws which are of the same
force as statutes because they
President in the exercise of his power d$trt* BEftity - i.e.
the period of Martial Lar under the
,A re*.+,
eri!ftlk6GE cl
(David v. Anoyo, G.R. No. 1 71396,
Can the President create
Yes, through the issuance of an
finding bcdy FiraW v. phitippine Trutrr
2010, G.R. No, 192935, D*ember T, 2A
May the President legally create the
Commission? ls there a valid
from Congress empowering the president
public office?
Yes. The creation of the PTC finds justifcation
Section 17, Article Vll of the Constitution, imposing ufrn
the President the duty to ensure that the laws are faithfully
executed. One of the recognized powers of the president
granted punuant to this constitutionally-mandated duty is
the power to create ad hoc committees. This flows from
the obvious need to ascertain facts and determine if lalrs
have been faithfully executed. However, the creation of
the PTC is void for violating the equal protection clause
because it singles out the previous administration
(Biraogo v. Philippine Truth Commission of ZAfi,
No. 192935, Dwemfur 7, 2010).
Abolition of administrative agencies
lf it is created by the Constitution, they can be abolished
only by amending the Constitution not by law. lf they are
created by law, they can be abolished by law. ln short, an
administrative agency may only be abolished by the same
mode it was created (Albano, Patitical Law Reviewer,
2004 ed. p. 724).
150 Snn Beol Collece oF [Aw
2013 Crxrnalrze o Ben OrEnerroris
Exception: When the President exercises his power of
control over agencies in the executive department, ln such
instance, an agency created by law can be abolished by
an Executive Order (Bagaoisan v. Natianat Tobacco
Adninistration, G.R No. 152A45. August S, 2003).
Types of administrative agencies:
a, Administrative bodies for regulation under police power,
. i.e, LTO
b, Administrative bodies for regulation of public utilities, i.e,
LTFRB
c. Administrative bodies that grants privileges, i.e. Bureau
ofLands
d,Administrative bodies carrying out the actual business
of govemment, i.e; BIR
e, Administrative bodies for regulation of private business
those and inciividuals, i.e. SEC
f. Administrative bodies that perform some business
service for the public, i.e. Bureau of posts
bodies that adjudicates and decides
making the govemment a private
that adjudicate and decide
i.e. COMELEC
Agency
It is any bureau, ofiice commission, authority
National Govemment (Sec. Z (4),
Administrative Cade).
department created by lar (Sec. 2 (7),
Proyisions, Adm i n istrati v e Code).
It is a principal subdivision of a department (Sec. 2 (8),
lntroductory Provisions, Administative Code).
Office
It refers, within the framework of govemment organization,
to any major functional unit of a department or bureau,
including regional offices. lt may also refer to any position
held or occupied by individual persons, whose functions
are defined by law or regulation (Sec. 2 (g), lntroductory
G.R. Provisions, Administrative Code).
lnstrumentality
It is any agency of the Nationat Government not
integrated within the department framework, vested with
special functions or jurisdiction by iaw, The term includes
regulatory agencies, chartered institutions and
governmenlowned or controlled corporations (Sec. 2
(1 0), lntrcductory Provisions, Administrative Code),
Regulatory agency
It is any agency expressly vested with jurisdiction to
regulate, administer or adjudicate maftens affecting
substantial rights and interest of private persons, the
principal powers of which are exercised by a collective
body, such as a commission, board or council (Sec. 2
Public in nature, Private in
(1
(Vigan Electric nature (Vigan
1 ), I ntrocluctory Provisions, Admi nistrative Code).
Light Company, Hectric l-ight
Chartered institution
v. PSC, G.R. Company, v.

It is any agency organized or operating under a special No.L-19850 PSC, G.R.

charter, and vested by law with functions relating to
January 30, No.L-l9850
specifrc constitutional policies or objectives. This ierm
1964) January 3A,

includes state universities and colleges and the monetary

authority of the State (Sec. 2 (12), tntroductory provisions,
Permits the Enables the
Adninistative Code). body to
promulgate rules resolve, in a
intended to carry manner
Governmentowned or controlled corporation
It is arly agency organized as a stock or non-stock out the essentially
provisions of judicial, factual
particular laws. and sometimes
even legal
questions
incidental to its
stock (Sec. 2 (13), tntroductory
primary power
Code). of enforcement
of the law.
A govemmentowned or controlled
owned by the govemment, and in sPecitic
the
corporation, at least a majorig of its application
owned by the govemment (people of
Luis J. Morales, G.R. No. f 663f5, May 3A, {Philippine
Cansumer
Foundation v.
Sec. of Sec. of
POwen oF ADMINISTRAT
Education, Education,
Ae encrEs Culture and Culture and
1. Quasi-legislative or rule-making power; Sporfs, G.R. No. Sporfs, G.R.
2. Quasi-judicial or adjudicatory power; and 78385 August No.78385
3. Enforcement power (i.e. COMELEC).
31,1987) August 31,
1987)
Doctrine of necessary implication
AII powers necessary for the effective exercise of the
o(press powers are deemed impliedly granted. An Prescribing a Application ol
express grant of the power to formulate implementing rule for the a rule for the
rules and regulations canies with it the implied power to future.
tnend, modify, alter or repeal the same (yazaki Tones Publication is I Notice and
Manufacturing v. Court of Appeats, G.R. No. l30\g4, required in the j hearing are
June 27, 2006). issuance of I generally
legislative rules I required in
(Pesigan v. I adminisrrative
Angeles, G.R. I adjudication.
No. L-64279, i

April30, 1984).

SnN Brol Coiltcr oF LAw 151

2013 Ce Nrnlrrzro Ban OprnarroNs
 A. QUASI.LEGISLATIVE POWER
rhe authority delegated by the law-making body
.to.
the Requisites for a valid administrative regulation:
administrative body to adopt rules ano regulations t .lsiu.o unoer auirrotitv'oi lu*.
intended to carry out the provisions of a law and Ttrere must be a valid delegation of legislative power,
implement the legislative (cruz, Philippine rnis is granted .fih;i;i the charter itsetf of an
AdministrativeLaw'2a07ed',28)' -policy
administrative body, or by the taw it is supposed to
'Z0OZ
enforce fSuarez, politicat Law Reviewer,
Kinds of administrative rules and regulations: p.7ill).
eA.,

1'Legislative rule - designed to implement a primary 2.withinthescopeof legistativeauthority;

legislation by providing the details thereof; it is in
nature of subordinate- legislation (Cruz,
the The regulation must be germane to the objectives and
Phitippinepurpos6s or tn. i*; it fiust not contradict but must
AdministntiveLaw,2007d',25)' conform to the standardi prescribed by taru (public
a'supplementary regulation - Also called defaited sirlools District
superurson Assocrafibn y. de Jesus,
legislation regulation, intended to fill in the details of
G.R No. 1572gg, June 1g,2006).
the law, and to make explicit what is only general.
(i'e.. lmplementing Rules and Regulations ol Labor
3.ltmusibereasonable;
Code/ (Suarez, Political Law Reviewer, 2002 N.,
p.7st). Standadsof reasonableness(pAlM):
a, r,lusiNuorue p;ii;;;i;;r;
b.COntinOent feoulation -- ieclrod
Conilngent regula$on issued f^ to anrnma ar h r.r^. -r!---..
enforcg*"q.*_*-q*oiir.nitrury;-
:::ffi :*.:ii;rffi::ill:lffi -*#rffi*g,ffitl*'ffi ff I'tditxabyrea,ed,o
existerpe of ? parti,
Political Law Reviewer,2002 ed., p!
J#,ffi
*$LLf cf; *r LAw
2. rnterprdative rure - those wnicn oumffi*il".e* T-'m:[Yffi accordance with the prescribed
thannterpretthestatutetefl#i,ffi
observance by the peol
Political Law Reviewer,
lT$tr=L-#ffitf i1,i*s','r.,**flT*,{#f
itself requires it. and mandates that
shall be based on certain facts as
lmplement and at an appropriate investigation;
provide details clarify
lation is a settlement of a controversy
in the law specific parties since it is considered as
being
Administrative adjudication (phitippine Consumer
for
Foundation y. Sec. of Educatian, Cufture aN
observance by
Sporfs, G.R. rtlo. 78395, Aug. 31, lgg|).
people.

When an administrative rule goes beyond merety

Have the force Only advisory for providing for the means that can facilitate
or rendei
and effect of a the courts have less cumbenome the implementation of the lau
law the final say to and substantially increases the burden of those
interpret governed, it behooves the agency to accord
at
(Suarez, Palithal least to those direcfly afiected a chance to be
Law Reviewer, heard and, thereafter, to be duly infonned, before
the issuance is given the force and effect of lar
lssued pursuant lssued as an (CtR v. CA, G.R, No.t1g\6l, August Zg, 1996).
to a valid incident of its
delegation of power to enforce b. -
Pubiication Administrative rules and regulatrbns
legislative the law. must be published their purpose is to enforce or
'f pursuant to a valid delegation
implement sxisting law
fanaAa v. Tuvera, G.R. No. L-63glS, December 29,
1986).

1.52 Slx Broa Coueer oF LAw

2013 Cexrmuzro Bax OrrnarroNs
 Exceptions:
i. lnterpretative rules and regulations; Doc'trine of judicial respect for administrative
ii. Those merely intemal in nature; and construc'tion
iii. Letters of instructions issued by superions When an administrative rule or regulation has not yet
(Honasan llv.
Panelof lnvxtigating Prosecufors of been interpreted by the highest court of the land, courts
the Depaftment of Justice, G.R No. G.R. No. will give consideration and the highest respect to
159747,April 13, 2004). construction by administrative or exe0utive departments of

A Department order addressed onry to institutions ff,?jx1:(3YXfi.Wf:'{:1,:X:;;f;,1tr;3|o"d

under their supervision, cannot be said to be of
general application that requires previous pubtication B. eUASl.JUDtclAL powER
in the fficial Gazette before it could have binding
lt is the power of the administrative agency to determine
force and etfect (Balbuna vs. Secrefary of Education, questions of fact to which the legislafiv6 policy is to apply,
GR' No. L-14283, November 29, 1960). in accordance with the standards laid down by tne iaw

or [!ft rtt
Philippine Adminhtative Law' 2007 ed'' p'
Administrative issuances which are not pubrished
filed with the Office of rhe National Administrative
Register of the UP Lar Center are ineffecilve and The exercise of quasi-judbial power is only incidental to
[!V not be enforced (Sec, 3, Chapter 2, fuok Vtl, their main function of enforcing the law (Cru2, philippine
Administrative code). -"*tF*- . z00T d,
**;T***'*-Jf-lministrative Law' 2ool ed..-p. 3gl.
Law,
P'3s)'
X$'?/:ftive
Requisites ror vatidity or aomir$Xre ,rL"Iffi
Sel* f:ffi;inistrffif
body exercises its quasi-j'diciar
penalsanctions: Ef* BEffier wnenqffiorms in a judicial manner 'an act
1'Lawitself mustdeclareaspunishableffiffiftitd.fi*E CIfhhffiblbfrmlry of an executive or adminisffiive
administrative rule or regulation (Peoffi lvtroe*ry?|*-t*"-.rlEt0glwffine power io act in such manner is
G,R. No. L-32166, &tober 18,1977);
W t f$rl I inciderdalffi or reasonabty rpcessary for he
2.Lawitselfshoulddefineorfixpendtytn$&rel&#z$
PoliticalLawReviewer,2002Ed.,p.712ffi ! -|
T i
nerfoniaffit the executive or adminijtrative outy
entru{eqFt gmaft C,mrmunicatjons, tnc. v. NTC,
3. Rule or regulation must be pubtished (pffiv. ptlep**fl .;emf.O_tp0S, August 12, ZAW}
Lay, G.R, No. L-6791, March 29, 1954).
proper exercise of.quasi.judicial power:
Doc{rine of subordinate legislation the subject matter must be confened
It. is the power of administrative agency Constitutiou
rules and regulations ori matters of over the person must be properly acquired
specialization (Peaple ys. Rosenfhal and Osmefia, G.R administrative bdy; and
Nos. 46076 and 46077, June 12,1939). process must be observed in the conduct of the

The power of administrative officials to promulgate rules p.731).

and regulations in the implementation of a statute is
necessarily limited only to carrying into effect what is
provided in the tegislative enactment. A regulation that
goes beyond the scope of the statute may be declared
as void (Fort Banifacio Development Corpontion v.
Commissioner of lntemal Revenue, G.R. Nos. 158885
& 1 7068A, October 2, 20Aq,
Dodrine of legislative approval by re.enactment The
rules and' rEulations promulgated by the proper
dministrative agency implementing the law'are deemed
confirmed and approved by the legislature when said law
was re-enmted by later legislation or through codiflcation.
The legislature is presumed to have full knowledge of the
contents of the
regulations then at the time of re-
enactment (Howden v. ClR, G.R No. L-19392, Apit 14,
1965).
Quasi-judicial power includes the following powers:
1. lmplied power to prescribe rules of procedure
An administrative agerry exercising guasi-judicial
powers has the inherent power to prescribe rules of
procedure. These rules are effective unless
disapproved by the Supreme Court (Articte Vlll, Sec, 5
(5), 1 987 Constitution).
Subpoena pwer - not inherent; may be exercised only if
allowed by the law and only in connection with the matter
they are authorized to investigate.
-
Contempt power must be expressly granted, and must
be used only in the exercise of the quasi-judicial function.

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2013 CrNrnauzro Bnn OprnarroNs
 The power to hold in contempt must be exercised not
on the vindictive but on the preservative principle
(pumarpa v. Dimaporo, G.R. Nos. 97014-16,
September 13,1989).
ln any contested case, the agency shall have the power
to require the attendance of witnesses or the production
of books, papers, documents and other pertinent data,
upon request of any party before or during the hearing
upon showing of general relevance. Unless otherwise
provided by law, the agency ffiay, in case of
disobedience, invoke the aid of the RTC within whose
jurisdiction the contested case being heard falts. The
Court may punish contumacy or refusal as contempt
(Sec. 13. BookVtt, Administrative Code of lgg\).
Where the statute does not require any parthular
method of procedure to be followed by an dministrative
agency, the agency may adopt any reilsonable method
t0 carry out ib functions (provident Trpe Fanns.w
Batario, G.R NO 92285, March ZA, Iggq. {"^' ltt
Administrative proceedings are rrorn$tff*
operation of certain baSic and
principles, such as the due process
investigation and trials (Air Manila v.
L-29064, Apfl 29, 1971).
Agencies exercising quasi-judicial
the inherent authority to issue
power to issue a writ of certiorari must
law (DARAB v. Lubrica, G.R. No, I not controlling in proceedings before an
2005).
Administrative due process
The essence of due process in administrative
is the opportunity to explain one,s side or seek-a
reconsideration of the action or ruling complained of, and
to submit any evidence a party may hane in support of his
oefense. The demands of due pmcess are sufficienfly met
when the parties are given the opportunity to be heard
before judgment is rendered (Theron V. Lrcson v. The
Hon. Executive Secretary, et at./Jaime R. Miltan and
Bemardo T. Viray v. The Hon. Executive Secretary, et
al., G.R. No. /65399 & |654TS/G.R. No. 165404 &
165489, May 30,2011).
Cardinal principles:
1. Right to a hearing;
2. Tribunal must consider evidence presented;
3. Decision musthave something to support itself;
4. Evidence must be substantial;
S.Decision must be based on evidence adduced at the
hearing or at least contained in the records and
disclosed to parties;
Sen Beoa Colrrcr oF LAw
2013 CrHrmuzED BAR Opsnnrrons
6. Board or judge must act on its or his own independent
consideration of facts and law of the case, and not
simply accept the vierrv of the 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 the reason for the decision rendered (Ang TiMy v.
ClR, O.n No.146496, February ZT,1940).
Quantum of proof in administrative proceedings
Subsfanfiai evidence- such relevant evidence that a
reasonable mind might accept as adequate t0 support a
conclusion (Sec. 5, Rute 133 of the Rutes of Court).
Applicability of rules of procedure in administrative
proceedings
Administrative agencies are not bound by the technical
rules of evidence and procedure (?LDT v. Tiamsw, G.R.
Nos. f6468485, Novemfur 1l, Z00g).
due process does not require at alltimes a
sufficient that the parties are given
F Fpresent their
case even through
f Sfo. Iomm, G.R No. 109444, March
lsions must state clearly and distincily
law on which it is based (Naguiat v.
116123, March 13,1gg7).
of evidence prevailing in the courts of law
agency, the evidence presented before if
have a modicum of admissibitity for it to be
probative value (PlDf v. Tiamson, G,R. Nos.
NovemWr /1,2005).
Availabilig of right againsl self-incrimination
The right against self irrcrimination is applicabte in
administrailve proceedings (pascuat v. Board'of Medicat
Examiners, G.R No. L-ZS}ig, May 26, 1g6g).
Notice and hearing
The essence of due process in administrative prcceedings
is the opportunig to explain one's side or a chance to
seek recsnsideration of the action or ruling complained of
(PNMav. NLRC, G.R. No. l14T64,,lune iS, tgg4.
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;
 is acts subsequently declared as invalid. While orders, rules
3. Cancellation of passport where no abuse of discretion
committed; and regulations issued by the President or the executive
4. Summary abatement of nuisance per se which affects branch have fixed deiinitions and meaning in the
gafety of persons or property; Administrative Code and jurisprudence, the phrase
5. Preventive suspension of officer or employee pending "executive acf' does not hive such specrfic definition
investigation; and uhder existing laws, The term "executive act' is broad
6. Grant or revocation of licenses or permits to operate enough to encompass decisions of administrative bodies
certain businesses affecting public order or momls and agencies under the executive department which are
(Nachun, Otfiine Reviewer in Political Law, 2011 ed., subsequently revoked by the agency in question or
p.425)' nullified by the Court (Hacienda Luisita lncorporated vs.
Prcsidential Agrarian Refarm Council, et al., G.R. No.
Administrative appeal or review lTilTI, November 22, 2011).
Where provided by law, appeal from administrative
determination may be made to a higher or superior Administrative res judicata
administrative offner or body (Suarez, Political Law The doctrine of res judicafa forbids the reopening of a
Reviewer,2A02 ed., pp. 816-817) Iatter
that has been determined by competent authority.

unress othenrbe porided by rarrv or executive order,

appeal from a final decision ol the agency may be taken
an ffff:Jl'-3ifi;ffJilf5'I'ji:11ffi5:i'::ilffi;:fl
finality, the force and binding effect of a final judgment,
to the Department head (Book Vll, Chapter 4, S*rJ9,.{--:x*lr/r!ry t[e purviewof the doctrine of res judtcata'(Brittantes
of 1987). L - ;" 't?"
'.\. v. FFRrfr. G p ruo
t. :fl }-t$tt3..
the Administative Code ot1e87)' t -g??i .rtrrv 1o 1e5ll
tt#Zz3'iutv30'1si6)
By virtue of his porrcr of contrcl, the
&-
Ft&Fnq nrgs&qrry SSfrS npprieqffi to judiciat and quasi-judiciat
through the Department Head may affinEffifi&l*-fi{if ffi*ffi-mFthe exeruise of purely administrative
reverce the administrative decision offisuffifrflJ*fiiffidiTsl(,Umtayor v. Bundatian, G.R. No. 149335,
(Adminishative0rderNo.18, Senes of lffi^ t f
l.1 ,tuty t,
i
Appellate administrative agency may coffi aQditi$al i rne$A*b of res judicata may not be invoked in
hearing in appealed case, if deemed neceffifl fiere*w.1' ';ldqi
zamora'6 R rvo *"::: SF@ns proceedings considering that Sec{rbn

: ^::: &'L
An appeal is premdure if the law providesS$g.app-eal -, ;tWfrTd:ft;frxJ?e;,'{;l;
qadroffis are "non-titigious and summary in nature
from decisions or orders of an office to tffifigssllry
th*ffipf i -,f $q{Ftrt€gard
to technicatities obtaining in the courts
administrative agency or to the Secretary or
frePresident,aremedywhichshouldhavefiW,August31,1989)'
exhausted beforc invoking judicial intervention
Robina 6rp v. Lquna Lake Development Another exception to this rule is in case of judgment
Authority, G,R. No. 191427, May 30,2011). rendered on a null contract. This is because there is
no valid judgment which can be predicated on res
Enforcementofadministrativedecision
1 3 I tl 1 3 adjudicata (8.F. Goodrich Philippines lnc, v,
1. As provided by law Workmen's Campensation Commissrbn, G.R. No. L-
2. May invoke the court for the purpose 38569, March 28,1988).
3. By the appeal to the force of public opinion (Cruz,
Philippine Adminisitrative Law,2007 ed., pp. 132-133). DETERITIINATIVE POWERS
Determinative power is the power of administiative
i
j

I Operative fact doctrine
It nullifies the effects of an unconstitutional law by
recognizing that the existence of a statute prior to a
determination of unconstitutionality is an operative fact
and may have consequences which cannot always be
€nored (Planters Prducts, lnc. v. Fefttphil Corporation,
6.R. No. 166A06, March 14,2008).
{ does not only apply to laws subsequently declared
.nconstitutional or unlawful, as it also applies to executive
agencies to better enable them to exercise their quasi-
iudicial authority (Cruz, Philippine Adminisitrative Law,
2007 ed., p 40).
1. Enabling -permits the doing of an act which the law
undertakes to regulate and which would be unlaMul
without governrnent approval, i.e. issuance of driver's
license by LTO (Cru2, Philippine Adminisitrative Law,
2007 ed., p.41).

SaN Beol Coilecr or Law 155

2013 Crnrnluzro Bnn OprnarroNs
 2' Directing -
oders the doing or performance of the final hearing (padua v. Ranada,G.R. No. 14lg4g,
particular acts to ensure compliance with
the law
are often exercised for corective purposes, i.e. order of
and orton , u, zoloil.
rgislalement by tl,g_
ILRC (Crua phitippine B. Licensing
Adminisitntive Law' 2a07 ed', pp' 4t-42;' The action-of an administrative
a' Dispensing * to relax the general operation of a law denying or suspending or revokingagency in granting or
a license, permit, or
or to exsmpt from general prohibition, or relieve an rrancniie is noi p*r}, iorinirtrrtiu. but quasi-judiciat
individual or a corporation from an affirmativd duty, oi adjudicatory' sinie it is dependent upon the
i'e' exemptions granted by BIR (cruz, Phitippiie iscertiinment bt tacts oy tne administrative agency,
Administrative Law,20a7 ed', p'42) upon which a decision ii o oe made and rights and
b, Examining = also called investigatory pou/er; : liabilities determined (Sanado v. Court of Appeats, G.R.
consists in requiring production of books, paperc, No. l0g33g,--''epilr,'iooil.
"' -'-'t'
1-'"'
etc.,theattendanceofwitnessesandcompellingtheir
' testimony, i.e. issuingof subpoenas (cru2, phitippine c. lnvestigative
Administrative Law, 2007 ed', p. 43. Administritive agencies can be authorized to mat<e
c' Summary -
power to apply compulsion or force investigations foia r,mited purpose, which is to obtain
against persons or property to efiectuate a legal informition on which future. action of a legislative or
purpose without judicial wanants to authorize
such
actions; i.e. summary abatement of nuisance_p-er se
judicial nature may oe i.rrn (Suuez, potiticat
'Reviewer,2002ed.', Law
p rili
-'#;::it'tr
#T::' J'ffi'j:" :ff
ADMtNtsrMTtvE AGENcIES Ef* snr{
:'
g$gni ff
il
-:
npRevrew
*r
;; ;;; ; ; ;; ;
fisLL€Gn s.F.tfiW'
A. Fixing rates, wages and prices
OF ADMINISTRATIVE DECISION
1, Legislative function - the rates are I An
f decision may be appealed to the courts
all enterprises of a given kind
ofj Constitutign or the laiv permits it or if
(prior notice and hearing not required
the reviewed invblve questions of law (Cru2,
2. Quasi-judicial function
-
rates apply Law,2007 ed., p.142).
particular party, based upon a
notice and hearing required) (
the Constitution requires or allows, judicial
Foundation y. Sec. of Education, be granted or withheld as Congress
G.R IVo. 78385Augustgl, lgg7).
Thus, the law may provide tMt
a
lation made by an administrative agency shall
and not reviewable. ln such a case, there is no
of due process (Nachura, Reviewer in potiticat
Law, 20Ag ed., p.438).
and
c, Must be reasonable and just (Repubtig v. Mdina,
G.R. No. L-32069, October 4, lg7l). o Tr courts may always examine into the exercise of
power by a ministerial otficer to the extent of
determining whether the particular power has been
Administrative agencies can be empowered to granted to the officer, whether it is a tegal power
provisionally approve rates of public utilities that
even could have been granted to him, and whether it has
without a hearing or ex parte (Maceda v. ERB, G.R.
been exercised in a legal manner. This jurisdiction does
Nos. 95203- 05, December lg,1gg0).
not depen( upon an act of the legislatuie authorizing
it,
but inheres in the courts of general jurisdiction ajan
Provisional authority -, an order granting a essential function of the judicial department (Medalta v.
permit to operate a particular utitity service
lempo3ry Sayo, G.R No. L-545i4, March 30, lggl).
immediate issued during the pendency of an
application for a franchise or certificate of public
Even when the law contains an express prohibition
convenience for said service on the main ground of
against judicial interference in actions of administrative
urgent public need therefore. The issuance is valid
bodies, courts cannot be prevented from assuming
because by ib nature, it is temporary and subject to jurisdiction when the question raised is
adjustment in conformity with the definitive ratei after one of law
(Malaga v. penachos, Jr., G.R. No. g66g5, September
03, 1992).

156 SaN Beoa Corlrcr oF LAw

2013 CerurnauzED BAR Orrnerrorus
 examine the entire record including the evidence if
It should be remembered that quasi-judicial powers will necessary (Kansas CiU Southern Railway Company v,
always be subject-to true judicial power - that which is C.H. Albers Commission Company, Z?3 U.S. 573,
held by the courti. lndeed, under the expanded February 26, 1912).
jurisdiction of the Supreme Court, it is empowered to
determine whether or not there has been grave abuse Judicial review is valid despite finality .of
of discrction amounting to lack or excess of jurisdiction administrative decisions when:
on the part of any branch or instrumentality of the 1. Decision is wrong;
Govemment (NHA vs. Almeida, G.R. No. 162784, June 2. tt{anifestly arbitrary, capricious, unjust decision;
22,2007). 3. Decision is not based upon any reasonable
interprctation of law;
Review, when made: 4. Administrative body or officer has gone beyond its/his
1. To determine constitutionality or validity of any statutory authority;
executive order or regulation; 5. Administrative agency exercised unconstitutional
2. To determine jurisdiciion of any administrative board, powerq;
commission orofficer; 6. Decision vitiated by fraud, imposition or mistake;
3. To determine any other questions of lary; and 7. Lack of jurisdiction;
4. To determine questions of facts when necessary to 8. Grave abuse of discretion; and
determine eithen 9.Decision violates or fails to comply with some
a. Congtitutional or jurisdictional issue; *- "-" i --
;i *4qqdatory provision of law.
b. Commission of abuse ol
c, When administrative fact-
restricted by an enor of law
i-
,i.q'-[ j'r'
1f; frt*-I
*i
phitiffiibtt EFfthorcr
PRIMARY ADMINISTRATIVE
of Prior Resorti
Administrative Law, 2007 ed., p. 1 f;Stl-fiGfr $€ mA*afqffi and wiil not resotve a contoversy
which is within the jurisdiction of an
General rulq Factualfindings of ad where the question dernands the
are accorded great weight and the exercise pf$d administrative discretion requirirp fre
from reviewing them. special fin$flflge, experience and services of tre
- * **-!:-'gglnirfislralnFfl bunat to determine technicat and intricate
Exceptions:
ihffiedfftF,aApritEnferpnses, !nc. v. Court of Appeats,
1. Factualfindings not supported by
2. Findings are vitiated by fraud, imposition
\ i dtrIF flo.ffffi 18, 1990).
it#
3. Procedure which led to factualfindings is
4. Palpable erors are committed;
i \ i is suspended pending refenat of such

5. Grave abuse of discretion, Ninq G.R No. 158455, June 28,2005).

'drJdffitr*
capriciousness is manifest;
6. \ffhen expressly allowed by statute; and
7. Enor in appreciation of the pleadings and in the
interpretation of the documentary evidence presented
by the parties (Spouses Vicente and Gioria Manalo v.
Roldan-Confesor, G.R. No. 1A2358 March 30,1993).
Question of fact vs. Question of law
A question of law arises when there is doubt as to what
the law is on a certain state of facts, while there is a
question of fact when the doubt arises as to the truth or
falsity of the alleged facts (Republic of the Phitippines v.
Malabanan, G.R No. 169A67, October 6,2010).
OF EXHAUSTION OF ADilIINISTRATIVE
REMEDIES
Whenever there is an available administrative rernedy
provided by law, no judicial recourse can be made until all
such remedies have been availed of and exhausted
(Teotico v. Ageda, G.R. No. 87437, May 29, lgg|),
An administrative decision must be appealed to the
administrative superior up to the highest level before
elevating it to the court for review (Phitippine Heatth
lnsunnce Corp. v. Chinese General Hospital and Medicat
Center, G.R. No. 1631.23, Apfl 15,2005).

Brandeis doctrine of assimilation of facts {mixed Appticability:

questions of law and fact)
Where what purports to be a finding upon a question of
fact is so involved with and dependent upon a question of
lar as to be in substance and effect a decision on the
latter, the Court will, in order to decide the legal question,
The principle applies only where the act of the
administrative agency was performed punsuant to its
quasi-judicial function, and not when it pertains t0 its
quasi-legislative power (Smaft Communications, lnc. v.
NfC, G.R. No 151908, Augusf 12,2003).

SeN Brol Courer oF LAw Lsj

2013 CrNrnnuzro Bnn Opeaarrous
 or administrative remedies is appricabre
Exhaustion
when there is competence on the part of the
i:[f ffiTfiii\;;ffi:;W,.inlif'edinss (Paat
administrative body to act on the matter complained of, Exceptions to the doctrine:
Adminjstrative agencies are not courts; neither are they 1. When there is a violation of clue prrocess;
part 0f the judicial system, nor are they deemed judicial 2. when the issue involved ir fiilt bgri question;
tribunals (Regino v. Pangasinan Co//eges of Science 3. when the administrative action is patenly illegal
an-d rechnolagy, G'R,
2004)'
No' 156109, November 18, amountingtolackorexcessof jurisdiction;
.When there is estoppel on the part of the administrative

The doctrine need not be observed when it is not r.;rff#L:trlTffiaraoreinjury;

expressly required by law or when the statute providing 6. when the respondent ir r drli.rtment Secretary rrhose
for the administrative
lelggy is merely permissive acts as an alier ego of the president bears the implied
(CSC v. DBM, G.R. No. 1587g1, Juty 25, i005). and assumed approval of the tatter;
7' When to require exhaustion of administrative rernedies
Ratio:
1'Administrative authorities qre i1 a better position to ril,?T:l.*fifr1fflilltttrnu1m.ationoracra*;
resolve questions addressed to their particular expertise 9, When the subject ratter is a private land in land case
and that erors committed by subordinates in their proceedings;-

f#::.lTy$ff:1,:,lbJg.l:::p:l?f
gryce-to do so (Sunviile Timbel!,.nbad, Lgl"l,_', #Sghfl
tfie ruh does not provide a prain, speedy,
G.R. tto: ,i$. ffiUaeirrrOv;

2. iiy3::^yy!!:j!!k*^^..*i^.,^' l::fl*;Jffi6iir4-;fu,mstances
gH*{tdi.ili i.tffi;, rrres'ww 'rvrvqurrY
The doctrine on separation of powers enloins upon tnet.*
indicatins the
$re urv
ursency

*rg:y,"?,*.9:9,.lglll,:f_Tijltg{:lgng* ylhsl @*sf6ri* review is provided by rar;

of non-exhaustion of administrative
been rendercd moot (Laguna CATV
v" r'. No.
G.R. "v' 139492,
's*rL' November
3. The strict enforcement of the doctrine coud reiieue ti'tr* | zaiit'tf m'--"' 'tvvett'uvl lg,
Iv'

iHii :ffiS' *ff'?'rlffil' ifi .,Il'l3'iJ' -ifffilh}$#*ff ? S#f: .h'ily f!,nfi i3i, o
dockets (Merida water District v. Bacarro, b.n ruo. llnffifiirffi
165993, September 30, 20Aq.
petition for writ of amparo (Sarmiento,
4. Judicial review of administrative Justice and Uberty, p. B).
effected through special civil actions which
only if there is no other plain, speedy and
remedy (Southem Cross Cement Arpomion
OF FINALITY OF ADMINISTRATIVE
Cement Manufacturers
d
Associafion of ihe: ehitippitt6s,
TION
No resort to courts will be allowed unless administrative
G.R. No. 158540, August 3,2005).
action.has been completed and fliere is nothing left to be

What is the effect of one's failure to exhaust

done in administrative structure (paredes ,j C.aurt ot
Appeals, G.R. No. Il335T February l,1996).
administrative rembdies?
Failure to exhaust administrative remedies resultS in lack
of cause of action which is one of fre gmunds allowed in
A party aggrieved must not merely initiate the
prescribed administrative procedure to obtain
the Rules of Court for the dismissai of the complaint a relief
but also must pursue it to its appropriate cohclusion
(Sunville Tim&r Products, lnc. v. Abad, G.R. No. ASSOZ,
(Jaiol v. Commssion on Elections, G.R. No. 12T456,
February 24, tg91). The case may also be dismissed for
March 20, lggT).
failure to comply with condition precedent, which may be
invoked in a motion to dismiss (Riano, Fundamentats of
lnstances when court may intervene prior to the
Civil Procedure, 2005 ed., p. SAe.
completion of an administrative action
The principle of exhaustion of administrative remedies a. When the administrative officer assumes to act in
precludes a court from granting an action for replevin violation of the Constitution and other laws.
to
recover a movable property which is the subject matter of b. When a question oder is not reviewable in any
other
an administrative forfeiture proceeding as the party's relief way, and the complainant will suffer great and obvious
damage if the oder is canied out, or when such relief is
expressly allowed by lzur

158 Sln Brol Colrrce or law

2013 Crnrnauzeo Bnn Oprnnnorus
c. When the questioned order is made in excess of power
(Suarez, Political Law Reviewer, 2002 ed., p. 776).

Judicial relief from threatened administrative aclion

Courts will not render a decree in advance of
administrative action and thereby render such action
nugatory. lt is not for the court to stop an administrative
officer from performing his statutory duty for fear that he
will perform it wrongly (Matienzo v. Abeltera, G.R. No. t-
45839, June 1, 1988).

The Both the court and

administrative' administrative
agency has agency have
authority topass jurisdiction to
on every question
raised by a
' i\:' ,-i\
+ i
{tF ---
*;*.,_
i
*\{--J|
_
g}gnA
person resorting f{
to judicial relief *8 $F Ljtlt'c
and enables the
court to withhold T

its aid entirely

a
I
I
until the i
*
administrative I
remedies had
been exhausted.
The clalm or
matter is
cognizable in the
first instance by
an administrative administrative
agency alone. agency.
The purpose of Not concemd
the rule is to r{ith iudicial
contrcl the timing revBw but
of judicial relief detennines in
from adjudicative some instances
action of an whether initial
agency. action should be
taken by a court
or administrative

Slru Bron Colrecr or law 159

2013 CrNrnauzco Bnn OprnarroNs
 : ltElrEb
r r
GeUERAL PRtr,rctptes
Elar.. :
:
Characteristics
1. Public omceis a public trust.
2. Public office is not private property, and is personal
Law on Public Officers to
the incumbent. lt cannot be a subject of a contract.
This branch of law deals with public office, its creation, Not being a property, a public office is not protected by
modification and dissolution, as well as the eligibility oi
due process clause, which if statutory, may be cnanged
public officens, the manner of their ebction or appointrnent
at will and even abotished by the legislaiure
and assumption of office, their rights, duties, powers, (Mortesctaras v. COMELEC, G.R. Alo. IiZ2gS:
inhibitions and liabilities and the modes of terminating Juty g,
2404.
their official_relations (Cruz, The Law of punin Officeri, 3. There can be no vested right in public office
2007 ed., p.2). or its
salary, except certain Constitutional offices.
Where a controversy relates to the question as to which
public office of two persons are entifled thereto, a public ofiice may
Public office is the right, authority and duty, createdand be considered property within the protection of due
confened by law, by which for a given period, either fixed process of lavt (Cru2, The Law of public Affrcers, Z00T
by lry
9f enduring at the pleasure of the creating power, 'ed., p.6-T).
an individual is invested with some portion of the
sovereign functions of the state to be exercised by him for public offtcer
the benefit d fn public (Femandez v. Sfo. Iomas, G.R. puUric
oncer is an individual vested with some portion of
No' 116418,March7,
'tu'I t{t+to' MaICn t' lwc)'
1995). -*.*'--*'*.-.tha-Sovereion frrnetionc
functions nf
of rha State rn
the srera to ha
be awaraiaaz{
exercised }.,,
. "- "*r5.,-***f'lhpugteign by
orrice: & i . .*[ #.il*Yffirf::]ij,'E}'ul:^,(:::,u
Euangetisb, G.R'
Erements orpubric
;:ffid oyffiH fiIi"fi*no or
-
raffi- ".t;;; trtsL}fi
r{ s#Si-t"6a
aY.W433,
r*f
lanuary 17, 1s57i
2. Must possess a delegation of a porti G E rH$ftffitbfi&rt or emptoyee
p.wers or the
--
*l*'*Lffi *TffiT ffii-"r.?'ffi
benefit of the public.
The pouers confener
3.
mustbedenned*'**dill:T:ffi *ffif,'fr
,.vres vr vtolllitrutt fll U

or through legislative au
4. Tln
The rftrtim m;rar l^^
duties firust be performed i
'$s{.1"i/r;rw,a::;il#H:::###r.**
wittout the control of the superior powei Yqa!.t
law unless tfrey are those of an inferior
onicecreated6rautnoilloir"ll..1",*iJ,.ffi0fil (suarez
placed under the general controlof a i Hffi#:fr:Y;;;#,fr'mProYee
Delegation to the Does not involve
individual of some the exercise of
of the sovereign some portion of the
functions of sovereign functions
How created: of the state.
1. By the Constitution
{e.gJ Ofiice of the presidenQ
Duties are clerical
2. By valid statutory enactmenb (e.g, Ofiice of the
or manual in
lnsurance Cornmissioner) nature.
3. By authorityof the taw (e.g. the Davide Commission) Required to take
(Nachun, Outline Reviewer in potiticat Law, 2A0g ed,, an oath and Oath and bond are
not required
p.445). officialbond

'
;;,;;;ffiil;;"""""""""""""".;il;;il'.....'...
IAN MICHEL"r.r',ur'iffi;il;;""
GEONANGA overoll choirperson, _-"'
ERIKA MARIE GALLEGO zubjecl
JosE ANGELo DAVID choirperson for VEDA MARTE vEDAN choir, Mork Joshuo Angel,
ocodemics' RUTH ABIGAIL ACERO choirperson choir. IAN DANIEL ";tqt"ii rrbj;; Richene Joy Betgiro, Joy
for holel operolions, JR RECALDE vice- KENNFIH ngceltoN consiilulionor GALANG ;6. somqniho c-rungoy,
choirperson for operotions. MARIA CARMELA LUCILLE rr*'i , Dominic poul Genson.
GAYE MORENO - -HJiANo Josmine Rose Moquiling.
HAUTEA vice-choirperson for secrelorioi, MARK low
2, JACK
ABILO vice-choirperson for finonce, RYAN .qdminisirotive tqw enieN
"onriitriionoi Jonelle Mupos, cesqr
LIGGAYU vice-choirperson for electronic doto officers,
low
-Td low on public Ruperto ong. Rolen
processing' JOMARC PHILIP DlMAPlLls vice- corporotions, ANGELO ABELLA on public poulino Jr.. Gelqcio
KRIsTtNE GRACE rraeruisii Rivero lv.
choirperson for logisiics election lqw, yvETE MARIE soLA public solcedo,
Florion
chorisse
internotionql low Toledo. Felix Michqel Villo
 The delegation to the individual of some of the
sovereign functions of govemment is "[t]he most
important charmteristic" in determining whether a
position is a public office or not. Such portion of the
sovereignty of the country; either legislative,
executive or judicial, must attach to the office for the
time being, to be exercised for the public benefit (VFP
v. Reyes, G.R No. 155027, February 28,2A0q.
With respect to offenses in the Revised Penal Code
that can only be committed by public officers, the Art,
203 of the Revised Penal Code obliterates the
in the law of public officers
standard distinction
between "officers' and "employee" (Maniego v.
People, G.R. L-2971, Aprtl 2A, 1951). "A person who,
by direct povision of the law, popular election or
appointment by competent authority, shall take part in
the performance of public functions in the
Govemment d the Philippine lslands, or shalt perform
of any rank or class, shall be be bofitif,
'gAf**
officef (Att.203, Revised Penal s Public
*$LLfGH *T LAlAj
Classilications of Public Officer;
1. Constitutional or statutory;
r CI**]*Rev6uel
2. Nationalor local;
3. Legislative, executive or judhial;
ldt'A II 3l1il1i
i!* *-I *nr
required by law. lf he does; then the appointment cannot
be faulted on the ground that there are others better
qualified who should have been pefened (Luego v. Civil
Seruice Commission, G.R. No. L-69137, August S, 19g6).
Requisites for a valid appointment
1. The appointing authority must be vested with the power
to appoint at the time appointment is mbde;
2. The appointee shouH possess all the qualifications
including appropriate civil service eligibility and none of
the diqualifrcations;
3. The position is vacant;
4. The appointment has been approved by the CSC (or
confirmed by Commission on Appointments);
5, The appointee accepts the appointment by taking the
oath and entering into discharge of duty (Garres v.
Courtof Appeals, G.R. No. 114795, July 17, 1gg6).
Vacancy
when an office ls empty and without a legally
or elected to it with a laryful
and performs its duties fCrua
7 ed., p. 28).
to an offce, once mde and
subjec{ to reconskleration or rcyocdbn
after a complete appointnent is

\, iffii
because
4. Lucrative or honorary; 'tarftamo (Mitra v. Subrdo, G.R. No. L-
5. Discretionary or ministerial; 15,1964.
6. Appointive or elective; the appointment is temporary (Ong v.
7. Civil or military; President G.R. No. 184219 January 30,
8. De jure or de facto (Cru2, Law of Public 20sI i
ed., p.8).

: MoDEs oF AcourntNc TrrLE To the imposition of additionalduties, usually by law, on

: PuBLtc Orrrce a person already in public otfrce (Binamira v. Ganucho,

O.R. No. 92AA8, July 30, fi9Q.

1. By election - An officer occupies the office by virtue of The designation must be made by the proper authority
the mandate of the electorate. They are elected for a pursuant to iaw. A designation that only points to one
definite term and may be removed therefrom only upon person strikes at the very heart of the power to appoint,
stringer conditions (Farinas v. Executive Secretary, which is essentially discretionary (Flores v. Drilon, G.R.
G.R. t{0. 147387, Dwember 10,2003). No. fi4732, June 22, 1993).
2. -
By appointment selection, by the authority vested
with the power, of an individual who is to exercise the
functions of a given ottice (Binamira v. Ganucho, G.R.
No. 92008, July 30, 1990). Executive in
nature.
Nature of appointments
It is essentially discretionary polt/er and cannot be
delegated; it must be performed by tlre officer upon whom Selection of an Mere imposition by
it is vested according to his best lights, the only condition individual who is law of additional
being that the appointee should possess the qualifications to exercise the duties on an

Sar Beol Cotrree or Llw 161

2013 Ce xrnnuzro Bnn OrrnailoHs
 (i(
i MoDEs AND Krr-tos or
Does not result to i AppotNTMENT
security of tenure,
Can be sublect ot
a protest before
Cannot be subject
of a protest before
'ffi5lrff[ii'{{+.*w;;:rr
the CSC, the CSC.

lmplies
llHtr pe'manency' temporariness'
temporariness,
I | 2, Temporary -
extended to one wrro may not possess
Commission the requisite qualifications or eligibility and is revocable
It is the wriften evidence or-appointme nt (cru2, phitippine fl\,Ihriill.iLllX.lffffiy.rt:#:lrffiHi
Political Law' 20a2ed'' p' 202)' $l?,xl
exceed 12 months (sec.z5 (b), pD g0T, chtitseryice
Steps in the appointing process
Decree)'

1. Regular appointments
a, Nomination by the president *tillt"^9l9tl?tii:_cP.* of 1987, which provides
b,confirmation'nyCommissiononAppointrnenfi for only 2 kinds of appointnent - permanent and
"''#*' tru:ru*'rr*r.t
:* $Wff
u
c, lssuarrce of commissir ""-t 'rl's,fi
d Acce ptance * -* rrt*, " H'l* rr
gtht{ gg#Jp1$FuQ{ffienure (pangitinm v. Mqtaya, G.R.
2. Adinterimappoinfinenb ffi *ollrcf; gPffifrdlq$grsrz0' tee3l.

3:*3il#*m,sffr'*
c. Acceptance bythe ap1 w
3.
d.Confirmation 6y Co#.rission on

Appointments Mo confinnation
mf"ffiffi*mtrg[**.*n'$,t
nppoffinti

a.nbbointme;fut'pp'i;ii'g;'iho,ty ffi \ ffifl{:pef.o* appointed ro the orrice is unabre

iffitr]:'trfs:9P^?ry1lgqs.gorrice.is
"ry#''Xllhy
b, lssuarce of commission tf,h his duties by reason of iilness, absence or
c.Acceptanceovtnrippoint
" wo'"\ tr 7y^:tr.j:Y::i
a vacancy (Sec. lT, Chapter 5, Boak ilt,
llggxists
4. Appointnnnts in career service
Appointment is rpt deemed complete until
or approval by the CSC (Javier v. Reyes, G.R. No. l_ Although the code speaks of
temporary
designation, it is actually refening to an appointment. lt
39451 February 20,1999).
did not apply the distinction between an appointrnent
Does-the_ grant to the president of the power to ?!d a designation (Binamira v. Ganuchol'G,R. No.
appoint OlCs in ARMil viotate the Cons{itution? 92N8, July 30, /gg0). The reason is because the code
fl9* gny other competent penon to be.designated',
!o, T!e- appointing power is embodied in Section 16,
ArticleVll of the Constitution, which pertinenfly states that flygntel v. Ermita, G.R. Ato. t64g7g, Ocnrer tS,
2005).
the President shall' appoint all other omiers of the
govemment whom the president may be authorized
by lnstances of temporary appointment:
law to appoint. Since the president's authority to appoini
1
OlCs emanates from RA 10153, it falls under t'nis group ot |ryin!..g does not possess civit service etigibitity (Sec.
officials that the President can appoint. Thus, the assailed - 27(2), Title l-A, Book V, E.A. Zg2);
2. Appointment by the president in an executive office during
law rests on clear constitutional basis (Datu Michaet Abas
Kida, et al v, Senate of the philippines, ef a/., G.R. No. tf9 alsey9 or incapacity of the incumbent; (Sec. f i
19627 1, &tober 1 B, 201 t
Chapter 5, Book llt, EO ZgZ),
). 3. Designated as officer in charge (Concuring
Opinion
of
Teehankee, CJ., Lecaraz v. Ferer,
-O.n
fVo.
77918, July 27, lgBT);

1.62 SaN Bepa Collrsror law

2013 Ce Nrnllrze o Ban Opennrroxs
 4, Appointment held at the pleasure of the appointing 4,Ad interim - made while Congress is not in session,
power (AlfredoCuadra vs. TeofistoCordova, G.A
before confirmation by the CA; it is immediately
No. L-|1602, Aprit 2t, tg58). effective, and ceases to be valid if.disapproved oi
bypassed by the CA upon the next adjournment of
An appointment in an "acting,, capacity is merely Congress (Sec. 16, ArL Vtt, tgBT Constituiion).
temporary, one which is good only until another
appointment is made to take its place (Austria v. Amante, An ad interim appointment is a permanent appointrnent
G.R No, L-959, January g, 1949,). because it takes effect immediately and can no longer
be withdrawn by the president once the appointee has
Acquisition of the appropriate civil servhe etigibitity by a qualified into office. The fact that it is subject to
temporary appointee will not ipso facto convert the confirmation by the Commission on Appointments does
ternporary appointment into a permanent one; a new not alter its permanent character (Matibag v, Benipayo,
appointment is necessary (Maturan v. Maglana, G.R. No, G.R. No. 149036; ApritZ,2002).
L-5209 l, March 29, 1982).

Where the temporary appointnrent is for a fixed period, the {n d ylerim appointee,whose term hact expired by
virtue
of inaction by the Commission on Appointments,
appointrnent may he revoked only at the expira$on of the may be reappointed to the same position without
violating the ConstiMional provision prohibiting an
oflrcer whose term has expired from being reappointed
* -{#NFgv. Benipayo, G.R. tJA6ST, epritl, ZOAi1.
.T*
.\ \t) -".
pennanent Bosition (Rqnuatdez lli grE
Commission,l9l SCRA 168, May 15,1 srll"Lf Ge
Subsquent acquisition of fire
eligibility is no reason to compel ,ffi'd
i
reappoint the offcer (Gloria v. Judge
NoJ16183, Mber 6, 1995).
dn;
r. l Mde before
nomination is such
!l
t confirmed by confirmation.
An appointee with temporary status need sthe t
the CA
civil servhe eligibility required by the {he j
Shallcease to be
meets the following qualifieations:
a.lt is necessary in the public interest to
. -.
* * l- Continues until valid if
the end of the disapproved by
vacancy;
b. There is no appmpriate eligible;
term of the the CA or
appointee once bypassed by CA
c. The temporary appointment shail not exceed confirmed by upon the next
rnonths;
the CA. adjoumment of
d. He may be repiaced sooner if a qualified civil service
eligible becomes availabte (pD 907, Civit Seruice
Decree, Sec. 25; Torio v. Civil Seruice Commission,
5. Midnight appointment - made by the president within
G.R. No. 99336, June g, tgg2).
2 months immediately before the next presidential
elections and up to the end of his term (Sec. 15, Art, Vll,
Govemment empbybes holding career civil service
1987 Constifufibn), whether or not it is confirmeci by the
positions appointed under a provisional or temporary
Commission on Appointments.
basis who have rendered at least a total of 7 years of
efficient service may be granted the civil servhe eligibility
The constitutional prohibition on midnight appointments
(Sec. 1, R.A.6850).
does_not apply to appointments made in the Judiciary
(De Castro v. JBC, G. R. No. IgI002, March IT, 2010).
3. Regular - made by the President while Congress is in
session and becomes effective after the nominatron is
confirmed by the Commission on Appointments and
Where a prospective vacancy will occur after the
appointing authority's term, he cannot flll it in advance
continues until the end of the term (Cru2, phitippine
during his term, as this would be an illegal pre-emption
Political Law,2002 ed., pp Z0T-Z0S).

Sln Broa Corrror or Law 163

2013 Ceurnnuzco Ban Openarrous
 of the powers of his successor {Cru2, The Lav of pubth
Afficers, 2007 ed., p.2i). A person who had been officially proclaimed elected and
had assumed office on the strength of such proclamation
:"""""1
:........."..?:..f.Lgto orHceRs i
but was lat6r ousted as a result of an election protest is
,entitled to the compensation, emoluments and aliowances
which our Constitution provides for the position
One whose a*s, though ;; ;; ; ;;;;; ;;;t fiodrtguez v. Tan, G.R. No. L-3913, August T, lgiL)
law, upon principles of policy and justice, will hold valid so
far as they involve the interests of the public and thid Challenge against a de factoofficer
pemons, where the duties of the office were exercised:
A.de facto officer may be ousted in a direct proceeding
where the title will be the principal issue, not in a collateral
a. Without a known appointment or election, but under action or in an action to which he is not a party. The
circumstances of reputation or acquiescence; authorized proceeding is quo wananto (Cruz, The L_aw of
b. With a known and talid appointment or etection but the Public Officers, 2007 ed., p.6i).
officerfailed to conform to a legal requirement;
c. With a known appointment or election but void because De jure officer
of ineligibility qf the officer or want of authority of the A. de jurc officer is one who has the lawful right to the
appointing or electing authorig or inegularity in office in all respects, but who has either been ousted from
appointment or election not knonrn to the public; or it, or who has never actually taken possession of it. When
d.With known appoinfnent or election pursuant b*m de jure is also the officer de facto, the lawful
unconstitutional taw before djudgilh Oe sueti-r,Crifl
are united (Cru2, The Law af public
The Law of PubticOfrers,200T ffirl}. |..-*;-
Af-* pg*A
leQuisites (vAC): %r rt$.€g$ ffisffnbffi takes possession of the office and
1laridand*t*de'.
2.
3.
dctual physical posse
I l^nlnr
Color ^f ;^hf ^- general
of right or ;^-
rg_-r:lrffi
acqui
l,ffin,ffi ,:ffi 1r$tTJ,Hr_rygj,]X,f
G.R. No..L4A1 88, October Z, I g\g).
(Tuanda_v. Sandtgatmyan, G.R. No.
17'1995)' m4,'Fo$rl I is j-€b
J*-1t-'1t
W ftt ttre cotor of authority, not the color of tile that
.. .ffi . l$distinguishes an ofltcer de factofrom a usurper. lt means
A de fac'[o
facto offcer -it{l,i!i;n
offrcer is subject
on the de jure fficer in
to the same
:ffifu::l jHffil*.mi*lw.'}*#*r*ruru
in { fqnoinfnent, ho,yever inegular or informal (Civit Seru,
addition to. whatever speciat damages that& fu
s*l*-cogTggg v. Joson, G.R. No. 154674, uay zt, zool1.
from him because of his unlai,ful assumotidffilFcl*
(Cru2, The Lur of pufiic Offterc, 200T ed., p.65)AE
and de facTo otficq. distinguished
jure officer has a tegat right to ttre ofirce but he
Legal effects of acts at de hao officers may
The lawful acb of a de facto officer, so far as the rights of
not h in possession of the offae, while a de facto officer
possesses the offices because. of color of authorig
third person are concemed are, if done within the-scope {Cru2,
The Law of Public Officers, 200T ed., p. S2).
and by the apparent authority of the office, considered
valid and binding as if he were the offher legalfy elected De facto officer and intrudel distinguished
and qualified for the office and in full possession thereof
(Cru2, The Law of Pubtic Offtcers, Z00T ed., p.6I).

Entitlement to salaries
General rule; RQhtfut incumbent may recover trom a de Officer under
One who tattes
facto otrr,er the salary received by tJre latter during the any of the four
possession of an
(4)
office and undertakes
of wrongful tenure even though the lafter is in good
li1n9 to act officially without
faith and under color of tiile (Monrcy v. CA,, G.R. wo. f_ circumstances
23258, July 1,1967). rnentioned,
any authority, either

Exception: When there is no de jure officer, the de facto

officer is entitled to salaries for the period when he nor color of right or
title to office.
actually discharged functions (Civil Liberties lJnion v.
Exec. Sec.i G.R No. 83896, February 22,Iggl).

SAN BEDA Correor or Llw

2013 Crurnarrze o Bln Ope RanoHs
 Acts are absolutely The CSC is not empowered to determine the kind or
Acts are valid
void and can be nature of the appointrnent extended by the appointing
as to the public
impeached in any power (luego v, CSC, G.R No. L-6gl ST, eugast
S, tlali.
proceeding at any
until such time
time unless and until The CSC cannot convert a temporary appointment into
as his title to the a
office he continues to act permanent one. lt may however approve as
temporary an
is -
for so long a time as appointment intended to be permanent where the
adjudged
insufficient.
to afford a appointee does not possess the requisite eligibility
presumption of his (Province of Camarines Sur, v. CA, G.R. Ir/0. 104ffid,
Juiy
14,,1995).
May be entitled
to The CSC has the power to order the reinstatement
of
compensation q9velnmenl- emptoyees who have been unlawfulty
for seryices q,ryio*d (Gayatao y. CSC, G.R No. 9fi64, June 2i,
rendered 1e92).

i"...........II:.glYl.l iilYi:I."..- .." "i 'llil'ffi1:::t:.,

affecting
cases irworvins'personneraction,
emproyees in the civir servic'e are winrin-ne
scope
Dcope ,* *.".**-"ercfusive irrrisdintinn nf fha oQ.' trraatala ,v' o^t.,^a^-
satvador,
The civir service embraces.u| blqgiFs, sun{ivisro[g
instrumentalities, agenc
]tH,fi'riiiffiifi'piD;j#",f,"3nff*tata
sovemmenr-o*.d #o.oJnllf,'9*ru1t$.$F: F#81 c"dm.', the supreme court is siven
originalchartens(sec. f, Att.xt-9, tgslffilftffi&hl€G€ 6GL*i6tddffiiue'suftrvision over a1 cour6 and
*J*FdieiH:ryFm
corponat ons **.1*fffffi,yFffi:tffi No other brmch ot go,/emment may
ttat

by a special charter fro

Philippines v. National Hausing Authority
i $frt'$,ffi ffi;mHtrl;-ffii,ffi
6, August 26,2A0Q.
*
May 4,1989). luffI"*t "9**
a. GOCC's with original charters - civil msorcron over a court employee belongs
j
b. GOCC's organized under the Cornoratioffi \rL
\L-auor Court, regardless of whether the offense
before or after employment in the
flvever, if the court personnel subject to the
ApporNTilrENTs To rHE crvlL sERVrr, €+**t action of another court or tribunal exer.cbhg
All that the Civit Service Commission (CSC) m##ft functions to secure an affirmative relief, he
determine whether or not the appointee Fssess€s not afterwards deny that same jurisdbtion h escape
qualifications and requisite etigibitity. tf he does, his
appo_intment is approved; if not, it is disapproved (Lapez 167916, August 26, 2008).
rc. CSG G.R, No. 92140, February 19, 1991). CSC has
no authortty to direct the appointing authority to appoint a CLASSES OF SERVICE
certain person (Orbos v. CSC, G.R. No. 9256l, 1. Career service is char:acterized by:
Septemfur 12,1990). a. Entrance based on merit and fitness to be
determined as far as practicable by competitive
Where the CSC disapproves an appointment, the examinations, or based on highly technical
appointee need not be previously heard since the action qualifications;
does not involve the imposition of an administrative b. Opportunity for advancement to higher career
disciplinary measure (Debulgado v. CSC, G.R No. positions; and
11 1471, Sept. 26, 1994). c, Security of tenure (Sec. 0 pD g0I, Civit Seruice
Decree).
The CSC cannot revoke an appointment on the ground
hat another employee is better qualified; lts authority Career service officers enjoy security of tenure as
being limited to approving or rerrewing an appointment in guaranteed under the 1987 Constitution and the Civit
t-e light of the requisites of the taw goveming tre Civit Service Decree of the philippines, which provides that
Service (Aquino v. CSC G.R. No. 92403, ApritiZ,lggL). no officer or employee in the Civil Service shall be

SIN Broa Coueee or Llw 165

2013 Ceninauzro Bnn Openarrot.ts
 suspended 0r dismissed except for cause as provided
by law and after due process... Nevertheless, the right
to security of tenure is not tantamount to irnmunity from
dismissal (Lacson v. Exectlive Secretary, et at. G.R.
No. t65399,May 30, Zat1).
Merit System Protection Board (MSPB)
CSC Resolution No. 93-2387 dated June 29, 1gg3
pmvides that decisions in adminisffiive c€Fes involving
officials and employees of the civil service which are
appealable to the Commission, including personnel
actions such as contested appointments shall now be
appealed directly to the Commission and not to the
MSPB. The functions of the MSpB relating to the
determination of administrative disciplinary cases were,
in other words, r+allocated to the Commission itself.
These changes were prescribed by the Commission in
its effort to "streamline the operation of the CSC" which
in turn required the "sirnplifcation of systems, cufting of
red tape- and elimination of [an] unnecesis4ry
bureaucratic tayer.-
oureaucrauc tne previoufCIrocedure{mddtf
layer.' The previout nroceOure tfiAdHi
difficult for caes to be finailffidved hmir-e
reasonable period of time (Rubenw- ctyir sess!{
Commission,6.R. No. 115942, May OLL€ Gfi
Career servhe includes:
a, Open career- prior qualifica$on i,n
ml
examination is required;
b. Glosd career - scientific or
nature with separate merit system;
c.Career executive servfce -
Under
Secretary, Bureau Director, Asst.
Regional Dircctor, Asst, Regionat Direc
#or,
gfta'_
oficers of equivalent rank all of whorn
by the President;
-
d,Career officers other than those in ttre
Executive Service who are appointed by the
President;
e, Commissioned officers - enlisted men of the Armed
Forces with separate merit system;
f. Personnel of GOCC's, whether performing
govemmentator proprietary furrctions, who do not fall
under.the non-career service; and
g. Permanent laborers, whether skilled, semi-skilled,
or
unskilled. (Sec. 5, pD BAT, Civit Seruice Decree).
2. Non'career service is characterized by:
. a. Entrance
on bases other than those of usual tests of
' merit and fitness utilized for the career service; and
b. Tenure which is timited to a period specified by law,
0r which is co{erminous with that of the appointing
zuthorig or subject to his pleasure, or which b limited
to the duration of a particular project for which
c.
L65 San Broa Couecr or law
2013 CeNrnluzeo Ben OpeRanous
p-urpose employment was made fSec. 6, pD g0T,
Civil Seruice Decree).
Non-career service includes:
1. Elective officials and their personal or confldential
staff;
2, Department heads and other officials of Cabinet
rank who holds position at the pleasure 0f the
President and theh personal or confi defiial staff;
3. Chairnan and members of commissions and
boards with fixed terms of office and their personal
or confidential staff;
4.Contractual personnel; and
S.Emergency and seasonal personnel (Sec.6, pD
807, Civil Seruce Decree).
Exempted to competitive examinations:
g position (the "proximig
-
close intimacy which ersures
without embanmsrnent or
or betrayals or personal trust
matters of state (De los Sanfos
y.
L-3881, August 31, 19i0);
position
Asst. tl -
requires technical skillor
lhe superior degree (De ios Sanfos v.
j . No. L-3881, August 3i, ig50|
i
determination of whether a position is policy
I, primarilyconfidential, or highly technical is
by the legislative or fre excutive but fre final
determination is made by the courts because courts have
the power and the duty to interpret the taw (pAGCOR v.
Rilloraza, G.R No. 141i41, June 25, 20A1).
It is the nature of the position, as may be ascertained by
the court in case of conflict, whbh finally detenninei
whether a position is primarily confidential, policy
determining or highly technical (CSC v. Salas, G.i. lVo.
1nTA8, June 19, 19gT).
PERSONN EL ACTIONS (PAT.ResDrg)
fhese are actions denoting the movement or progress of
pensonnel in the civil service.
l,Promotion
-
movement trom one position to another
with increase in duties and responsibilities as
authorized by law and usually accompanied by an
 increase in pay (Secfion 26(2), Chapter 5, fuok V, Tiile Transfer
l-A of the Revised Administrative Code of tggT).
3:
- movement from one position to another
which is of equivalent rank, level or salary without break
in service. lt constitutes a new appoiniment. May be
Nexhin.rank rule the person next in rank shall be
given preference-in promotion when the position
imposed as an administrative penatty
lSection i613),
Chapter 5, Book V, Titte t-A of the ReviieA
immediately above his is vacated (Sec. fg (S), p.D. g0T). Administrative Code of 1987),

A "qualified next-in-rank" refers to an employee appointed While a temporary transfer or assignment of personnel
on a permanent basis to a position previously determined is permissible even without the employee,s prior
to be next-in-rank to the vacancy proposed to be filled and consent, it cannot be done when the transfer is a
who meets the requisites for appointment thereto as preliminary step torruard his removal, or a scheme
previously determined by the appointing authority and to lure
him away from his permanent position, or when it is
approved by the CSC [Secfion ig(6), p.D. g0T, Civit designed to indirecfly terminate his service, or force his
Service Decreel. resignation, Such a kansfer woulct in effect circumvent
the prcvision which safeguards the tenure of office of
The appointing authority still exercises discretion and is those who are in the Civil Service (Repubtic vs.
not bound by this rule atthough he is required to spectfy Pacheco, G.R. No. |TA0ZI, January 31, 20t21.
the "special reason or reasons" fur not appointing thi
officer next-in-rank [$ec. lg(6), p.D. g0T, Civit Sewice Unless an employee is appointed to a parthular office
Decreel
the security of tenure of employees in the
Even if the vacancy had to be
lP ,lil service pertains only to rank and not to
-next ol HnH! position to which they may be
concept of in rank'does not i EeQ$oind their status and salaries are based
or peremptory requirement that the
must be appointed to the vaancy
Gn $ft not on their jobs (Cuevas v. 8acal,
Dwemberi,20AQ.
No, 85479, March 3, lgg2).
results in prornofron or dernotbn,
The requirement to set forth tpecial
a transfer that aims to
reduction, or
for not appointing the sfficer next-in-rank aray from his permanent pcition,
cases of promotion {Pineda v. Claudio, G. without the employee's consent, for that
May 13,1969). removal from,office (Divinagracia v,
G.R No. t10954, May 31,1995).
Automatic reversion rule the
appointment of a person proposed to a
invalidates the promotion of thoSe in the lower -
a permanentty appointed person and
thrcugh no delinquency or misconduct, been
zuhmatically restores them to their former therefrom, may be reinstated to a position in
(Divinqncia y. Sfo. Iomas, G.R No. li0g54, May Ji,iggg). same level for which he is qualified (Section 26(4),
Chapter 5,
Book V, Tifle t-A of
the Revlsed
Requisites: Administrative Code oi lgBT).
i. There must be a series of promotions;
ii.Atl promotional appointments are simultaneously Padon merely frees the individualfrom allthe penalties
submitted to the Commission for approvai; and and legal disabilities imposed upon him because of his
iii- The Commission disapproves the appointment of a conviciion but it does not ipso facto restore hirn to the
person to a higher position (Divinagracia y. Sfo. Iomas, public office necessarily relinquished or torfeited by
G.R. No. 11A954, May 31, 19gi). reason of his conviction, He must be given a new
appointrnent to the position (Monsanto v. Factoran,
2. dppointment through certification issued to a G.R No. 78239, February g, lg1g).
-
person who has been selected from a list of qualified
persons certified by the Civil Service Commission, and However, when a person is given a pardon because he
who meets all the qualifications prescribed for the did not truly commit the offense, the pardon relieves him
position (Sedion 26(2), Chapter b, Book V, Titte t-A of from ali punitive consequences of his criminal act. He
the Revised Administntive Code of igg7). need no longer apply for reinstatement; he is restored to
his office ipso facto upon the.issuance of the clemency,

SaN Bror Colleor or law 167

2Ol3 Crnrnauzeo Ban OprRarrons
 and he is entitled to
!3c! wages (Garcia v. Chairman, e. disgraceful and immoral conduct
coA, G.R. No. L-TS\zi, september 14, Igg3). 'f . being notoriousty undeiirabte
5. Reemprovmenr
-
names or persons who have been fl. il1fi'rlllff$Yf;trffi:,$;yfril,yrH.rmance
or
service official dutles
appointed permanently to positions in the career
and who have been separated as a result ofreduction' i. conviction of a crime involving moral turpitude
list j. fatsification of official documents
t1 forcg a1d/or reoryanization shall be entered in a
made i. nabituatdrunkenness
from which selection for reemployment shall be
fsedtot 26(5), Chapter 5, Boak V, Tifle t-A sf the L gambting
Revised Adninistrative code of 1987)' m. refusalto perform officiar duty or render overtime
6' Rqassignment
-movement from one
.organizational
unit to another in the same agency provided that such
r ffiXJltr, or mentat incapacity due to immorat or
vicious habits
shall not involve a reduction in rank, status orsalary. o, willful refusal to pay just debts or willful failure to pay
8ut like detail, the reassignment should have adefiniie taxes due to the govlmment fSec. J6(b), Att lX, p.D.
lale 91Orytlon (Seotiayr 26(T), Chapter i, Baok V, Titte S0T).
l-A of the Revisd Administrative hde of 1987) Dishonesty is defined as the conceatment or
disiortion 0f truth in a matter of fact rclevant to one,s
::T'g::Tjf^ii:lylg^:jlfg 'l^flll *nilt stqty: gr gr* o, d *m jn. performance o{ his duty,

;li1i'l'JA;,:HH,1?,1ff;:i,Tt&|iT,lffiFffitrTr$t#;:'m-l*-;ti#5;:f
1987, and the omnibus_ciuit -*;f!preio&n :3nf ':l:
{FSe .Rfoqiffi SF$€harJter,
(Repilic v. pacM,
Jlrgfr-oorti;iion of duty, is wiurut in
Regulations No. i1#&,t*
January 31,2012)' qffiLtrgklggF"tlf ffiwil{m;i.'M*
wrongful intent and not mere
p;'ti.urarty, t is an untawrut
public offtcer Urysrln y. CSC, G.R.
7'Detair
- morrement.m ory
without the issuance of an .ru#trh*r! i rvo. feffij,riii,ziitl.
for a limited period in the case of
tt
professional, technical and scientifb [ .]0: - movement of an ernphyee from one
or agency to another wtrich is temporary
26(6), Chapter 5, fuok V, Tifle l-A which may or may not require tre
Ad ministrattve Code of I 9 BT.
an appointment but may either involve
or in_crease in compensation (Section 6(c),
8. Qemotion - mdvement from one
'CSC Memorandum Circutar No. f5, seres
whlch involves diminutbn in duties,
status or nank whlch may or may not involve
in salary gw. 11, Rule Vll, Onnibus Avit
Rules md Rqutations). EulcletLtry AND
QunllrrcATtoNs
9. Discipline
- officers and employees in the civil service
including those appointed to
poticy{etermining Eligibility
primarily confidentiat and highty technitd positioni
Eligibility is the state or quatig of.being tegafly fitted or
enjoy security of tenure and may not be suspended or qualified to be chosen
dismissed except for cause as may be provided by law.
But they may be disciptined if they viotate tneir Eligible
irubtic
trust ancl fail to serve with utmost responsibility, Under the Administrative Code, it is used to refer to a
integrity, loyaliy and efficiency and act with patriotism person who obtains a passing grade in a civil service
and justice and lead modest lives (samson v. examination and whose name is entered in the register of
Restriven, G.R. No. 1TA4S4, March 29, 20ll).
gliglbl5 from Sich appointments musr be maCl 1sec,
5(8), Chapter 1, Titte 1, Book V).
Grounds for disciplinary action:
a, dishonesty
Qualification, as understood in two senses:
b. oppression
1, As an endowment - refers to the qualities or
attributes
c. neglect of duty which make an individuat etigibte for public office, tt
d. misconduct
rnust be possessed at the time of appointment or

L58 Slx Beoa Corrrce or Lnw

2013 Cerrneuzeo Ban Oprnalous
 election and continuously for as long as the official
Art. lx-B, sec. 4 of the constitution requires all public
relationship continues, i'e. age, citizenship, residence,
officers and employees to take an oath or affirmation
etc.; and to
2. As an act : refens to the act of entering into the
uphold and defend the constitution.

performance of ttre functions of the office; failure

of an :" " """ ;. .. .. "
officerto perform an act required by lawcould affect the : DtsQuALlFlcATloNs AND
ALITIgA I I(JNti AND :
office/s title, i.e. taking of an oath of offbe or the filing
lNxrelnoHs i
be properly bonded in accordance with law
isuarez, Disqualification
942),
Political Law Reviewer,2ll2 ed', p. lt is the presence of circumstances and qualities which
rnakes-an individuar inerigibre from hording a pubric
Where qualifications may be provided Lack of disquatiflcdions i[ Grf , qualification,
office.
1. Constitution
- they are generally exclusive, and the
lEislature may not increase or reduce qualifications Disqualifications under the Gonstitution
except where the Constitution itself pmvides othenrise a.No candidate who lost in an election shall, within 1 yr.
as when only minimum or no qualifications are after such election, be appointed to any office in the
prescribed; and Govemment (Sec. C Att. tX_B).
t
2. statute
- congress has virtuany
prescribe qualification, but such must be:
prenary powers to-"*I*'g$U!ment
Hffiffi'in][-t'.trfi:[T#'.J[t.it;,Jr!!,ili,3
(Sec. 1, Alt' lX-B)'
. ,=amana *, ,*^^ ^ ^. a- -E^ -, - , t
a. Gennane ra
b Not too
to r.raa
the purpose ;" -'-'ui5
and "--',
of tre Qffice;
speciric,",,,Tll$?,ffi#,',, il
sAt,t sE
;g t :ffifu
t?: , r:, .. if,er di;;:;;;; "
""i" i,!''
,';%f:-li: .^ ::l*s
office in ^:11-TLl:
the election immediately
euariricationsrorpubrharrice-,:fffiffi
fho frnmtik*ian
the consritution nr
nrirrala
or hrr
by n nffiln{qifrff*l* "fsns,qtiffiGy lJ':fr lJHJ,.tff i,l,^(#I'l;r
yT::*rv
at-, 6;ry'ff;|ffbfi";ffi;' ;,
'W"llfft
t
^^a^6^^t rhe Law
I . m:[$"ffii-r]*a:*rili!!::r.
,:#iffiffitrnt(cruz'
]U g Il S $
Lvwtw'' v't.h e. unlessioqF{se aliovted by law or primary function of
1
vs euv v L'uc
Duration orsuarincation
sau t#- ';.
'!*"-l l3#trffiT'lj:'":T,::fl3',[:'l yl,"*rorrice
1
Qualifications are contir r
lneans
that they must be pos frte
*,*ff**[',ffiffi}j lffi$,'Hi',,i,ffi,,-i [ti*
of
,!

selection or assumptior
office/s incumbency (Aguila v. Genato, G.R No. L-SS| Sl
for which he was elected (Sec. 13, Art,
1981).
,

March 17, €
The prescribed qualifaations must be possmseO ai
earliest on the date indicated by the Constitution or tle
laiv. lf there is no similar indication, it suffices if the
qualifications are possessed at the time of assumption of
atfice (Aguila v. Genato, G.R. No. L-illll, Mach 17,
1981). i.
The reckoning point in determining the qualifications of an
appointee is the date of issuance of the appointment and
not the date of its approvat by the CSC (CSC v. de ta
Cruz, G.R. No. 1587iT, August Jl, 2004).
j.
Olh office
0f- a qualiffing requirement for a pubtic
- the 4t degree of the president shall not during his
ffice, Only when the public officer has satisfied this
prerequisite can his right to enter into the position be
considered plenary and complete. Untilthen, he has none
at all, and for as long as he has not qualified, the holdover
officer is the rightful occupant (Lecaroz v. Sandigmbayan,
G.R. No. 130872, March 25,1ggg).
o&irlmay be diqualified from hotding
ofiice of rhe RP fsec,. 3(7), M. x$
Pres., VP, Cabinet Members, ard their deputies
and assistants shall not, unless otrenrise provirletl in
the. Constitution, hold any other oflce or employment
during theirtenure (Sec. 13, Att. Vtt).
Members of the Supreme Court, and of other cour.E
shall not be designated to any agency performirg
quasi-judicial or administrative functions (Sec. 12,
Ai
Vlll) exceg! when they are assigned to sit as part of an
electoral tribunal (Macalintat v. presidential Hectoral
Tribunal G.R No. lgl6I B November 23, 2010);
Spouses and relatives by consanguinity or aftinity within
tenure be appointed as Members of the Constitutional
Oommissions, Office of the Ombudsman, Secretaries,
Undensecretaries, chairmen or heads of bureaus or
offices (Sec. t3, Aft. Vil).

SAN BEDA Corrrcr or llw 169

2013 CeHrur-rzro Ban Oleurpxs
NEPoTISM
Under the Administrative^ Code r^^- 59,
^^r^ /Se-c- EA AL-_
A,
Chap. 7, Sub.
in any conhact with the Govemment. They shall stricly
avoid conflict of interest in the conduct of their office
Title l, Administntive c.ode of t99T (E.o. No. 29211
prohibits appointments in.the national govemment made
- (sec. 13, Att. vtt).
2. No Senator or Member of the House of Representatives
in favor of relatives within the third (3ra; degree of may hold any other office or emptoyment in the
consanguini$ or affinity of the: Govemment during his term without ioffbiting his seat
1. Appointing authority; (Sec. 13, Att. Vt).
!' lgcommending authority; 3, No senator or Member of the House of Representatives
3' chief of the burcau or office; or may personalty appear as counser before any court of
4' Percons exercising immediate supervision over him are
lustice or before t'he Electoral Tribunal, or quasi-judicial
prohibited' and other administrative bodies (sec. it, ii.
iti.--
4. No Senator or Member of the House of Representatives
ln the last two cases, it is immaterial who the appointing shalt direcfly or inAlreclv, be interested
'Rnanciitty
in
violation
or recommending authority is, To constitute a any contract with, or in any fnn.nir. o,' speciaf
or
of the law, it suffices that an appointment is extended prtvitege granted by the Govemment, during his term of
-
or
issued in favorof a retative of the chief d ttre bureau Ai iii
bmceisi. 14,
office,. or the person exercising immediate supervision 5, No Mbmber of
the bonstitutional Commission shall,
over the appointee (Civit Seruice Commibsion v, during his tenure, hold any other office or emptoyment.
Dacoycoy,G'R'No. 135805,Apfl29,1999). Neither shall he engage
in the practice of any
Under the Local Govem l:q#flffi'-f;lJl
an appointmenr is madfl;ifi,:ifl:',ffit;;,ig:ss
&gnElT - -"fu?ts6eo$ 'T'#.'[:'lffiiT']l#*'ffftt
nor shall he be financially
consanguhitv or *finig of nting $ $yl't Sf;Seest€i,
B Eftfuss1ed, dihmhiloir*uy, in any
recommendingauthoritv(secfron -^tWPSSgstry
79, RqWFgILtST $S h$me$ffior rpoLr
-privireg6 contrmt wih, or
..
gonted ui tne
-'G0ffiQnqffiring his
Under the Constitution, there is a odffi$ionl on fie I term of offce. (Sec. 2, Att. tX-
appointment by the President of his rriouffi,oleffi $ ry. llp_ffiron applies as well to the Ombudsman
by consanguinity or affinity within tho i
tffii+irlF;Sip ^ Sndn$@s(sec,8, M.xt).
degree, naemue-rs of the ionstitutionat ffi;$.-;f;; i 6
T-s
';SS&v
otrpe$Srmployee in the civilservice shallengage,
the Office of the Ombudsman, or ffinr&iii*t*l; ffiireAty, in any etectioneering or partisan
t"iffs.I tH ilffivtr
ffi :Fr:fufu:xda'iiu:
offhes, !,,T,
inctuding govemmenrowned ffiffi:il1Hffi ffi
ffinfurreo t$Fl #"
cor'oorations(sec'te Aft'vtt)'
_t
i
frb^t-" i Tc"qffis AND Durres or pueLr; j
. " ."

pnomo*ffiiii*{^ff$ff
The prohibitron on neporism covers
OrrtcERs ;
because prcmotions are, in essence,
(Debulgado r. CSC G.R No. tij47t SeptenAer 26, -rlv_- of public
l,_yr.v officers
v.rrver e includes
trY't)'
16n I I rr rwruug! those:
u tvDv.
l.Expressly confened upon him by the act appointing

Ex-empted to nepotism rute: lZ lfi;rr,, annexed to the office by lar;

1, Persons employed in a confidential capacity 3. Attached'to the office OV .orron law as incidents to it.
2. Teachers
3. Physicians ina af naaaaoanr ia-r!^^.r^-
4. Members or AFp (sec. 4e, Art. x, p.D. [an ["$lf T:iTiTfi,:H'l'.1*lllro ror the errective
exercise.of the express powers are deemed impliedly
lNHlBlrloN g nnted (Republic v. Montana, G.R. No. L-zglss,
october
lnhibition is a restraint upon the pubtic officer against the SO, iSAi1.
doing of certain acts which may be legally done by others
(Cru2, Law of Public Officers,2007 ei., p-. 169). The power of the Secretary Department to promulgate

rnhibitions underthe consiitution

and
1'The President, Vice-President, cabinet Members,
ilrYHLHH.,ffii$iliX':XTj,iTifi;:':i'J:lg.$#;1il
piomutgate rules and regulations necessary to carry
their deputies and assistants shall .not, during out
directly or indirectly, practice any other
_tenyre, cepartment objectives, policies, functions, plans,
ntoietsqn, pr&ramsano projects (vateneiav.
interested iVo.-AOiaO, MrV ti, Iggij.- '
participate in any business, or be finarnially
courtof Appea/s, G.R.

170 Sax Beoe Conrcr or law

2013 Ce Nrnauzeo Bln OpEnarroNs
 Doctrine
principle)
of qualified. political agency (alter ego Thiskindof dutyissusceptibleof delegation (Binamira
- ,-
v. Gamtcho, GR. No. g20;0g, Juty 30, iggiOj.
The acts of the Secretaries of the departments, performed
and promulgated in the regular course of business, are, Mandamus will lie but only upon a clear showing of a
unless disapproved or reprobated by the President, bgal right (Sec.3, Rute 65 of'the nurcs oi Ciiii
presumptively the acts of the president (Cupio v.
Executive secretary, G.R. No' 964a9, February 14, 1992). 2.Discretionary pubtic officer has the right to decide
-
how and when the duty shall be performed (Suarez,
limits of the qualified politicat agency potilicat Law Reviewer, NTD
ed, n.Iiiy.'
.- '--'
There. are certain porrvers that are reserved tq thg A public officer cannot dblegate this kind of duty
President which cannot be exercised by the secretaries of (Bimmira v. Gamtcho, cn." ''-r gzaag, vvt'
rvo. v-vvv' Juty vv'
30, 'v!
1gg0).
thedepartments, such as:
Lar;
a. Declaration of Martial General Rule: mandamus will not lie fo[ the
corpus;
b. Suspension of the privilege of writ of habeas perfonnance of a discretionary duty.
c. Pardoning Power; and Exceptions:
o'L,"tv--?tryretionary Pornrers (Mgeles v. Garfe, G.R. a. when the discretion.grantd is only c to the manner
No' 165276, November 25,20a9)' of its exercise and n6t the discretion to act or not to

yl.1,T1'--t^lgyl::T_.:?:*_ .
The authority can be exercised only during the tenl yfipq *_
the public officer is, by
tri#,,"nim%F:l[ ?,n;;"9,ffi:l,qi
_* -"-,-IggT)
crutes or the orrice Potithp#f'.afi '*'-1i-ffitt"-goiscretion
"*T (see' 1, M' vttt, 1s87
2009 ed., p.a71). Efl* $&f*
^r:ffi:ffir$ffi%H,ffir# SA'+ EEDA
GOLL€Gg

it-{l*trllJ'$':fi :r,r'-*o,.i'prnoffi -
'tqyjoy,
p,^oy':iol to the.9gntrary, the
entitled to hold office until his successor
HUF i&SiS i lffi;tti*";il; I o1*i.irrr* "i;
decide how and
duly chosen and shall have
when it shall te
Sandiganbayan, G.R. No. 130872, March
exercised

Purpose: To prevent hiatus in publh

Angeles, G.R lVo. L-89, February l, 1946).
When the law fixes a specifc date for the end
there is an implied prohibition against hold-over
Generally,
Angeles,6.R. Na L-89, February l, tg46).
mandamus will
i
During the period of holdover, the public oflrcer is a de
i
jure officer (Bau$sta not lie against
I
I
v. Fajardo, G.R. No. l31gg, the officer
Septembr 23,1918).

Since elective ARMM officials are local officials, they are

covered and bound by the three-year term limit prescribed
Constitutional duties of public officersl
by the Constitrition; Congress cannot extend their term
1.To be accountable to the people, to serve them with
hrough a law allowing officials to serve in a holdover
utmost responsibility, integrity, loyalty and efficiency; to
capacity (Dafii Michael Abas Kda, etc., et a/. us. Senafe
act with patriotism and justice; and to iead modest lives
of the Philippines, etc., et al., G.R. No. 1g62li, Octobr (Sec. 1, Att" XI).
18,2011).
2.To submit a declaration under oath of his assets,
liabilities and net worth upon assumption of office and
Kinds of duties of public officers:
as often thereafter as may be iequired by law (Sec. IT,
-
t. lfiinisterial the law exacting its discharge prescribes
and defines the time, mode and occasion of its
kt. xt).
3. To owe the State and the Constitution allegiance at all
performance and, requires neither judgment nor
times (Sec. 18, Aft. Xt).
discretion(Suarez, Political Law Reviewer, 2002 Ed, p.
747).

SIH Broa Couee e or lew L71"

2013 Cenrnlrrzro Bnn OpennnoNs
NEPoTISM
^^r^ r.^^ 59,
UndertheAdministrative^ Code/Sec- E^ L--
Chap.7, Sub. A,
in any conhact with the Govemment. They shallstricily
avoid conflict of interest in the conduct of their office
Title l, Administntive
lode
prohibits appointments in
of tgg7 (8.o. No. 292)l -
national govemment mide
(sec. 13, kt vtt).
.the 2. illo Senator or Member of the House of Representatives
in favor of relatives within the third (3101 degree of may hold any other office or emptoyment in the
consanguinity or affinity of the: Govemment during his term without iorrliting nis seat
1. Appointing authority; (Sec. 13, Att Vt)
"
!' lgcommending authority; 3, No senator or Member of the House of Representatives
3' chief of the bureau or off,tce; or may personalty appear as counser before any court of
4' Persons exercising immediate supervision over him are
lusuce or befoie t'he Electoral Tribunal, or quasi-judicial
prohibited' and other administrative bodies 1sec. il,
nii. itl.--
4. No Senator or Member of the House of Reprcsentatives
ln the last two cases, it is immaterial who the appointing shalt direcfly or inolrecirv, be interesteo
'Rnanciily
in
or recommending authority is' To constitute a violation any contract with, or in any iran.nir" oi speciaf
of the law, it suffices that an appointment is extended or prtvitege granted by the Govemment, cluring his term of
'the
issued in favor of a relative of the chief of bureau or ofrrce iSi. Ai. iti
14,
office,. or the penson exercising immediate supervision 5. No Mbmber
of the bonstitutional Commission shall,
over the appointee (Civit Sewice Commisston v, during his tenure, rnu anf otner office or employment.
Dacoycoy,G.R No. 135805,Aprit2g,lggg). Neither shall he
engage in the practice of any
"I-*S{ession
:- .:!:\" or in the active management or control of
under the Locar Govemment code,
ffsotism exi$d vtfrHi :J_ ffiEK
[tf -- - -tu?tcfien$ *iirir'
which in
i qny way may be dfected by the
an appointment is mad e with'
consanguhity or al J?' lrof;
gff S1 il"W,
.Ssinesq
of hi$dffice. nor shall he be finaneiailv
I,ffi ',ii m *'il#,J|ffi :,l1
R{WFgLkg*g${ nr*ffieffior rpoLr frivires6 sranted ui tne
recommendingauthoritl' (section 79,

Under the Constitution, there is a oriffi$ionl on fie I Gov€ren{S$ring his term of offre. (Sec. Z, M. tX-
appointrnent by the President of his tri"uffilo ni..Ilf_ffion
Lrffi $ applies as rrvell to the ombudsman
by consanguinity or affinity within thl rffi{4i#;triF ! 6.No
^ 3ndn$nffis(sec.8,
Aft.x\.
degree, uemoe-rs of the ionstitutionat ffiir$.'dl;; i "ff.$Y
the Office of the Ombudsman, or aH$brrbiliff.e*-*
o@e$Sfrnployee in the civilservice shallengage,
in any electioneering or partisan
$S$irectty,
Urdeaecretanes, chairmen or heads d"3hr**,* ni ltJi$nEpat&ilryaignfSec.2(4),Att.tX-BI.
offices, including govemmentowned
corporations(sec'1e Aft vtt) ffi^''" i Yc^qffis AND DurrEs or puaLrc j
The prohibitron on neporism covers promotoffigfii-4f!ffi OrrtcERs i
because promotions are, in essence,
(Dehulgado y. CSC, G.R No. Iij47t SeptenAer
,t
ZA, -lt!L' of public
F-,r'v officens
v.rrver e {includes
rwruvED those:
rl Ir',D\i.
QOtl
'cea/' l.Expressly confened upon him by the act appointing

Exempted to nepotism rure: ? lfi'**', annexed to the ofiice by ranr;

1, Persons employed in a confidential capacity 3. Attachedto tne omce OV .orron law as incidents to it.
2. Teachen
3. Physicians Doctrine of necessary implication
4'Membersof AFP(sec' 49, Att'x,P'D'8a4. rt itates that all powers necessary for the effective
exercise.of the express powers are deemed impliedly
lNHlBlrloN granted (Repuh/ic v. Montana,G.R. No. L-zglss,
october
lnhibition is a restraint upon the pubtic officer against the ii, iiili1.
doing of certain acts which may be tegaily doneby others
(Cru2, Law of Pubtic Offtcerc, iOOf ea., p'. 16g). The power of the Secretary Department to promulgate

rnhibitions underthe consritution

and
1'The President, Vice-President, cabinet Members,
ilrY33:HH,',ffiigiliX':XTj,.lTifi;i':i'r,l339.$,]l;1,il
pirrrrgate rules ano reg;Ltions necessary to carry out
their deputies and assistants shall not, during
-tenyre, department
directly or. indirectly practice any other P.roferyign,
objectives, policies, funclions, plans,
programsand projects (valenciav. courtof Appea/s, G.R.
participate in any business, or be financially interested '
lvo,-aoiao, Mrv d, tggi)-

170 Sax Be oa Courer or law

2013 CrNrnauzED BAR OpenarroNs
Doctrine of qualified. political agency (alter ego Thiskindof dutyissusceptibleof detegation (Binamira
principle) v. Gamtcho, G.R. No. g20:0g, Juty 30, igg|J). '- -
The acts of the Secretaries of the departments, performed
and promulgated in the regular course of business, are, Mandamus will lie but only upon a clear showing of a
unless disapproved or reprobated by the
presumptively the acts of the president (Capio
President, bgatright(Sec.3, iiieaiior'nenurcsoi|i'uill
v.
Executive secrefary, G.R. No' 96409, February 14,1992). 2.Discretionary
-
pubtic officer has the right to decide
how.and when the duty shall be performed (Suarez,
Limits of the quatiftod potiticat
There. are certain poluers that
agency
are reserved t9 thg
potiticat Law Reviewer,
A
iaoz ra, i.iiiy.' -- '--'
public officer cannot dblegate this kind of duty
President which cannot be exercised by the secretaries
the departments, such as:
of (Biitamira v. Gamtcho,cn. ruo. vLvve'
g20ag, July
vvtf ew' or
30, 1gg0).
'
Lau;
a' Declaration of Martial General Rule: mandamus wiil not lie for the
corpus;
b. Suspension of the privilege of writ of habeas performance of a discretionary duty.
c. Pardoning Power;and Exceptions:
Lu"tv--?'9etionary Powen (Angetes v, Garfe, G.R.
o' a.when the discretion granted is only m to the manner
No. 165276, November 25,2A0g).
of its exercise and n6t ihe discretion to act or not to

yr.:,T1.*,*Ey*sr9:s. -
The authority can be exercised only during the term
the public officer is, by ,et
trJ#,:.#ff#%x:if ?,973,tr:,ffi'#,qr

rrvaix}#trJffiH,#-bffi *\
by law, investqd urith the
g{iq, ol ne omce'
(sec 1, M. vttt, 1s87
2009 ed., p. 471).
ST}LL€G€ "*.ffi?Q:#iscrerion
Principle of hold-over
ln the absence of any express or
laur sets the Officer has the
statutory. provision to the contrary, the
entitled to hold office until his successor
tirne, rnode discretion to
occasion of declde how and
duly chosen and shall have
exercise when il shall be
Sandiganbayan, G.R. No. l\a872, March
exercised

Purpose: To prevent hiatus in public

It can be I tt cannot be
delegated I debgated
Angeles, G.R. No. L-89, February 1, 1946). '.
When the law fixes a specific date for the end
tere is an implied prohibition against hold-over
Generally,
Angeles, GR. fVa L-89, February l, tg46).
mandamus will
During the period of holdover, the public offcer is a te
pre officer (Muffsta v. not lie against
Fajardo, G.R No. l\Tgg, the officer
*ptemhr 23,1918).

Since elective ARMM ofiicials are local officials, they are

covered and bound by the three-year term limit prescribed
Constitutional duties of public officers:
by the Constitrrtion; Congress cannot extend their term
1. To be accountable to the people, to serve them with
through a law allonring officials to serve in a holdover
utmost responsibility, integrity, loyalty and efficiency; to
:apacrty (Dafu Michael Abas Kda, etc., ef aL ra. Senafe
act with patriotism and justice; and to iead modest lives
C the Philippines, etc., et al., G.R. No. Ig627i, Octobr (Sec. l, Aft. Xl).
18,2011).
2.To submit a declaration under oath of his assets,
liabilities and net worth upon assumption of office and
Xinds of duties of public officers:
as often thereafter as may be required by larv (S*. 17,
t.Iinisterial the law exacting its discharge prescribes
-
and defines the time, mode and occasion of its
Att.Xl).
3. To owe the State and the Constitution allegiance at all
performance and" requires neither judgment nor
times (Sec. 18, Aft. X).
discretion(Suarez, Palitical Law Reviewer, 2002.Ed, p.
717).

Sau Broa Couece or Law 17L

2013 Crnrneuzro Bln Openarrous
 The duty of the solicihr General is to represent the the right to recover accruing from the date of
govemment, its ofrlces and instrumentalities and its deprlvition. The claim for back salaries must be
officials and agents - except in criminal cases or civil coupled with a claim for reinstatement and subject to
cases for damages arising from felony _ is mandatory the prescriptive period of 1 year (Cru2, The Law of
(Gonzales v' chavez, G.R. No. g73sr, February 4, Igg2).
.

pubrh officers, 200T pp. 206-20T).

ed., ,,

The government is not estopped from questioning the acts

ln order, however, to fall under this exception, two
of its officials (Sharp lntemationat filtarketing v. Court of conditions must be .ornpriro with: (a) tne emproviJ
AppealS, G.R No. L-785n,September17,1-g8T).
must be found innocent of the charges; and (b) his
'""".""---'". * suspension must be unjustified. For the period of his
i RICHTS OF PUeLtC Of flCenS i preventive suspension' pending invesiigation,
tne
:
....".....;
vs. Richard e. crui,a.n lvo. tiiaig, nrgJst g,
1.Righttooffice_justandlegalclaimtoexercise2011).
powers and responsibilities of the public office
(Paredes v' Abacl, G'R. Nos' L-36927-28 Aprit 15,
.lo'rlt The merereduction of the penatty on appealdoes not
,tt+1, entitie a govemment employee to back salaries if he
was not exonerated of the charge
2.Righttosalary 4ainst him (CSC
us-. Richafl O. Cruz,O.n. ruo. igTgilg, August g,
Basis:
E asrg: legat
legal {ue
title to me
the once thelar* **"
oflice and me 20in
the fact that tlFJ$[*_:r_ ***2p11).
{]r*:j.
attaches compensation. to thegflice (Cruz{L;iwl& ;nX
Pubticofficers,zffiTed.,pptsffiJ* t-"fl;l';jine"Sinstaffi$mpbyee
cannot be faurted for
SeH S$S*aoiriil to to render any service from the time
Elglgtttso!-salaryasarighfi *eennar-ffirry,'i''*[-JJ
o
a Righttoonice
Pi^h+ ta n{Iina Wr9}LiqsS "
up ro the rime of
Exception: De
?sp'rnm'{ffiT
fato TYffilJl; t*f#il:,H'}:'g*'#ffi1
fg.Llc,y{gP#-|!!,:: P* +e'Sr* I oih6'ffi.ki's;"k,,,s, ''v;rir, to withhord back
o P;f;j3ff|j*9,22, testm 1:
'h*-l;r,tot'roffio
T-- I sart'effioneibdrit'1';ft his iresardismissar
*g-f*rma*eorduties ffi nrud'i th.;istitutionar
i.3:?tj1?':,,^^. _r-_A^ ..^ffi_
Vacation, leaves uMerCSC MC
L i[;f$F/,ffi-d,il'r;;"fi,il"ff"i# H;i"H;;
suarantee or

ii nn omcer"r,, **
whose suspension
il;ffI*ffJffi3"
w*
j
WtrffiT,;;:Jy;rtriigandaman-Gania,
G.R. No

Court of Appeals, G.R. No. 13

of a public officer cannot be seized by
1999).
iii B;;i sarariT:j1,3,,
v. jlpangandaman-Gan7ia,
ConstantinoDaid :lggffif'Tff*r':flfffiii,ril',fl*.l:d;T;f'e:;
_ Gn ii;.;i{os;,',nLus[r7Tffi*an-Liaila' #?;W,'l$Aij,tfi'*!!;[ff!r?,rryr: Bf#f,
c. Right to salary is confened by law. Flowever,
20, lg7q,
compensation is not indispensable to a public
incident
office' lt is not part of ffie office but merely 3.Right to vacation leave and sick teave with pay
thgreto (Laurelv. Desiefto, G'R. No. 145968. Apfl uriler omce of the president Memorandum Circutar
t L' zvvz)'
.l o ,A/rar
No. 54, dated March 24, 1988, govemment ofiicers and

An ex offcio position.,being. actually-- and in ,

legal
employees are now entitled to commutation of all leave
creoiii without timitation and regardtess of the period
contemplation part of the principal ofiice, it fotlows when the credits were earned, provided the claimant
that the ofJicial concemed has no right to receive wasintheseryiceasof Januiryg, 19g6.
additional compensation for his services in said
position (Philippine Economic zone Autlnrity v. Under secfrb n BI of the Locat Government code,
Commission on Audit, G'R' No. 189767, JW 3, elective localofficials snan ne entifled to the same leave
Lv 1t'
'rt) 'lt ar
privileges as those enjoyecl by appointive local
officials,
Right to back salaries including the accumulation anb commutdion thereof.
Back salaries are payable to an ofiicer illegally
dismissed or otherwise unjusfly deprived of his office,

172 SaN Beoa Collecr or Llw -

2013 CeNrnruzeo BEn OpeRenoNs

 Right to retirement pay * given t0 govemment
employees to reward them for giving the best years of
their lives in the service of their country (GS/S v. CSC
G.R Nos. 98395-102449 June t9, 1995). Retirement
laws are liberally construed in favor of the retiree
(Profeta v. Drilon, G.R. No. l04l3g, December 22,
1ee4' 1314i8
Retirement benefrts, graturty and separation pay in the
govemment service are invariably computed on the
basis of the highest salary, emolument and allowances
received (Requesf of Clerk of Court for payment of
Retirement 8enefts of Coutt of Appeats Justice Jorge
lmprial, A.M. No. 9777, August 26, lggg).
Retirement pay accruing to a public officer may not be
withheld and applied to his indebtedness to the
govemment (Tntuico v. Domingo, G.R /Vo. 96422,
FeMwy 28, 1994|.
Statutory liabilities
Att, 27, Avil Code: Action for damages.against public
officerfor refusal or neglect, without just cause, to perform
his official duty.
Art. 32, Civil Qode: Liabitity of pubtic officer for violation of
constitutional rights of individuals. For judges, the act
complained of must itself constitute a crime,
An individual can hold a public officer personally liable fcr
damages on account of an act or omission that violates a
constitutional right only if it results in a particular wrong or
injury to the former, The presence of bad faith is not
necessary (Vinzons-Chato v. Fortune Tobacco Corp,,
G.R. No. 141309, Decemberfi,2A0g.
Att. 34, Civil Code: Liability of peace officers who fail to
respond or give assistance to persons in danger of injury
to life or property.

4-Right.to self'organizdio-n
- qg-to tornl u,ildtE ,;l-iiffO pt contracts pubric ofJicer shal be

ffi ffi :i:d:,ffi $r#!,il,ru;,:T3ryi;g$ffi *,3ffi ll?*:*:i:m*::'}lgxll

*OLL€GC {G.R. No. 9f398-August t6, tggt).
Although civii
Almough seryanb are rnw
civil'servanb rEw giffihefftinflf-T-
m)w giffihefftin6f-T-
qi\ffi{heffibfitr6**T*"*"*-**-: W
: -tfiz
stageffiesbqAft* i Liabitity
organize, they may not, however, stagemeshqa&t UaOilitv
l"r&F_ pubtic ofiicershal be personaily tiable
and* Ii if he go$
the purpose of strikes is to bargain, The terms r.,O* go(
ffio the scope of his authority, *.ir."6,
conditbns of employment are effected through statutes
i tnr pow$rsffifened
Arqlurerred upon him by,law (Mendoza
fUenAoza v.i.-Oe
De
and dministrative rules and regulations, not through---rr R NoJ-9596,-'February
-.- --' 11,1916).
agreemenrs. (Manitffit'rc\Scrroor itf'fuul
grllecWe bargaining agreements.-(Mantffib$choot
glllecWe
-\$A
6,rsst)
Ieachers Assocnfion v. Laguio, G.R. No 95445
i

pp_^i-|"' jtrdm:'fi:'J,ffi,jif$l3Jlo*''
The right to setf organization accorded to
employees shall not carry with it the right to
any form of prohibited concerted activity or mass
disruption, albeit of temporary nature (Sec.
Resoltfion No. 021316, 2A01.
LrnerLlrtEs oF Puelrc
OrrrceRs
There is damnum absgue injurta ar
without injury. The remedy is not judiciat but
lal exercised by the people through suffrages, i.e.
of a Senahr to enact latrs (Cru2, taw af puMic
Officers,2a07 ed., p. 223).
4, CSC
Exception: When an individual suffers a particular or
special injury on account of the non-performance by the
public offaer of ihe pubtic dug (Vinzons-Chato v.
Faftune Tobacco Corp., G.R. No. 14130g, Dec. 23,
2008).

Public officers generally have in their favor the
presumption of regularity in the performance of official
duties (Sec, 3(m), Rule 131 of the Rutes of Court).
Public officen are not civilly iiable for injuries sustained by
another as a consequence of oflaial acts done within the
scope of his authority, except as otheruise provided by
lanv or when there is a clear showing of bad faith, malice
or negllgence (Secfton 38, Chapter g, fuok l,
Mministntive Code ot lg8l.
2. Duty owing to particular individual
Its improper performance or non-performance will give
rise to a cause of action in his favor for any injury
sustained by him, i.e. duty of a sheriff to enforce a writ
execution (Vinzons-Chato v. Foftune Tobacco Corp.,
o-f
G.R, No. 141309, Dec.23,2008).
Three.fold liability rute
The wrongful acts or omissions of public offaers rnay give
rise to civfi criminaland administrafive liability. The

SAN BEDA Corrror or Llw t73

2Ol3 CeNrnluzro Bln Oprnarroxs
 dismissal of an administrative case does not necessarily
bar the filing of a criminal prosecution for the same acts
(Tecson v. Sandiganbayan, G.R No, ft3A45, Navemfur
16, t9g9).
Administrative liability is separate and distinct from penal
and civil liability. First, there is a difference in the
quantum of evidence required and, conelatively, the
procedure observed and sanctions imposed. Second,
there is the principle that a single act may offend against
two or more distinct and related provisions of law, or that
the same act may give rise to criminal as well as
administrative liability. Accordingly, the dismissat of the
criminal case for violation ot R.A. No. 301g by the
Ombudsman does not foreclose administrative action
(Oftice of the President v. Cataquiz, G.R. No. Ig344S,
Sepfember 14,2011).
Re-election to. offce operates as a condonation of the
office/s previous misconduct (Lizares v.
No. L-22059, May tT, tg66).
public official extinguishes only the
but not the criminal liabitity incunett
orevious term of office (Conducto v. lA6Ge
MTJ$|-|147, July 2, 199il.
Liability of iniserial officers
't. Nonfeasance
- Omission of some act
be performed;
2. Misfeasance -lmproper performance
which might be done taMulty; and
3. -
illalfeasance Performance of some
not to be done (Reyes, The Revised
Amhal Law: fuk 2, ZMA ed., pp. JT4-3
Liability of superior offtcers
A superior officer shall not be civilly liable for the wrongiut
acts, omissions of duty, negligence, or misfeasance of his
subordinates, unless he has actually authorized by written
order the specific act or misconduct complained of
/Sec.
3B(3), Chapterg, fuak t, Adninistntive Code ot lggil.
A superior officer is liable for acts of a subordinate when:
(LACER)
1. Law expressly makes him'liable,
2. He directed or guthorized or cooperated in the wrong; or
3. He negligently or garelesgly oversees the business of
the offi'ce as to fumish subordinate an opportunity for
default;
4. He negligently or willfully employs or retains unfit or
incompetent subordinates; and
5. He negligentty or wilffully fails to require subordinate to
conform to prescribed qegulations (Suarez, potiticalLaw
Reviewer, 2002 ed., p. gT4).
174 Sax Bron Colleer or lew
2013 CrurnauzED BAR OrelanoNs
or police structural dynamics), nor the docfine oJ
respondeat superior (in quasi-delicts) applies in the lawd
public'officers, The negligence of the subordinate canrrct
be ascribed to his superior in the absence of evidence d
the laftefs own negligence (Reyes v. Rural Bank of gt
Miguel lnc, G.R. No. 1i44gg, February 27, 20Aq.
Exception: The President, being the commander-in-chief
of all armed forces, necessarily possesses control over
the military that qualifies him as a superior witrin the
purview of the command responsibility doctrine (tn the
Matter of the Petition for the Writ of Amparc and Hahas
Data in favar af Noriet H. Rodriguez; Rodriguez vs. Gloria
Macapagal-Anap, et at., G.R. No. lglgA| & G.R No.
1 931 60, November I 5, 201 t
)
F onty applhable in cases invotving
data,
gl€se
officers:
SufrttilfrQh arc also liable for willful or negligent
acts evefr 1
acted under orders if such mts are
contrary lo I ,morals, publh policy and good
custrrms
(Section{ 9, Book l, Administrative Code of
'tr/.
neasure wliich is intended to enable $re
Bauthority to investigate charges against the
l[ by preventing the tafter from uging his positirm
to influence witnesses, to intimidate them, or to
with the records which may be vital in the
prosecution of the case against him (-Suarez, political
Law
Reviewer, 2002 ed., p. gg4|
Preventive suspension may be imposed without any
notice and hearing since it is not a penalty. lt is merety
preliminary step in an administrative investigation and is
i
not the final determination of the guitt of the officer
concemed (Garcia v. Mojica, g.n No. IJIA$,
Sepfember 10,1999).
Validity of indefinite suspension
As a general rule, indefinite suspensions are invalid. ln
effect, the preventive suspension will be the penalty itself
without a finding of guilt after due hearing, contrary lo the
express mandate of the Constitution and the Civil Service
lar. Further: "ln the guise of a preventive suspension, his
term of office could be. shortened and he could in effect,
be rernoved without a finding of a cause duly established permanent or temporary employees, or pertaining to
after due hearing, in violation of the Constitution." Clearly the career or non-career service (Berona v.
then, the policy of the lai, mandated by the Constiftrtion Sandiganbayan, G.R. No, 142456, Juty 27, 2004).
frowns at a suspension of indefinite duration (Layno v.
Sandiganbayan G.R. No. L-65848, May 24, 1g85). Rules on preventive suspension:
A, Appointive officials
Exception: For police officers, preventive suspension 1. Not a presidential appointee
may be indefinite and may last until the termination of the (Secs. 41-42, P.D. 807, Civil seruice Decree):
case is because policemen carry weapons and the badge
of the law which can be used to harass or intimidate
a. By whom
-
the proper disciplining authority may
preventively suspend
witnesses against them (Himagan v. peopte, G.R. Against whom any subordinate officer or
No.l 1 381 1, Actober 7, I 994).
b;
-
employee under such authority

Two kinds of preventive suspension of civil service

c. When
-
pending an irwestigatbn;
d. Grounds .-- if the charge against suc.h officer or
employees: employee involves:
1. Preventive suspension pending investigation; and i. Dishonesty;
2. Preventive suspension pending appeal (CSC v. ii. Oppression or grave misconduct;
Cruz, G.R. No. 187858, Augustg, Z0ll). iii. Negtect in the performance of dut$ or
iv. lf there are resons to believe that
respondent is guilty of the charges rrhich
would wanant his removalfrom the service.
administrative investigation must
N AES& within 90 days; otherwise, the
G*. SF shall be automatically reinstated
Not a penalty but delay in ttrc disposition of tfe case b
only a means of fault, negligence or petition of ite
enablinq the in which case the perkrd of delay
disciplining be counted in computirg the period of
authority to
conduct an
unhampered appointees:
be invesiigated and removgd from office
notice and hearing by the President under
that the power to remove is inherent
the power to appoinf 6 can be implied from
Sec. 5, RA 2260 (Villaluzv. Tffiiva, No. L-22754,
period of DecemMr 31, 1965).
No back wages suspension,
due for the B. Elective officials (Sec 63, R.A TI60):
period of lf he was 1. By whom - againstwhom
suspension even reprimanded for President elective oftcial of a province, a
if found innccent the same charge
a,
-
highly urbanized.or an independent component
of the charges, which was the city;
unless basis of the
.b.
Govemor
- elective official of a component city
suspension is decision ordering
his dismissal, he
unjustified.
cannot
c. Mayor
-at any
elective ofricial of a barangay.
claim
back wages, the
2, When
3. Grounds:
- tinre afier the issues are joined;

penalty here is a. Reasonable ground believe to

that the
merely respondent has committed the act or acts
commuted. complained of;
b. Evidence of culpability is strong;
The provision of suspension pendente /rfe applies to c. Gravity of the offense so wanants;
all whether they be appointive or elective officials; or

SIN Broa Conece or law L75

2013 Crnrnauzro 8nh OrenairoNs
 I

d.Continuance in office of the respondent could af the Constitution. The former is not a penalty but a
influence the witnesses or pose a threat to the preventive measure whereas the latter is a punitive
safety and integrig of the recods and other measure imposed by the Senale or the House d
evidence Representatives, as the case may be, upon an ening
4. Duration:
member (Santiago v. Sandiganbayan, G.R. /Vo. tzS}Si,
Single administrative case
a.
beyond 60 days;
- not to extend April18,2001).

b, Several administrative cases more than g0

- not
days within a single year on the same ground or
Secfion 13 of R.A. Na. 30l.9 does noi state that the pubtic
officer concemed must be suspended only in the office
grounds existing and known at the Ume of the
where he is alleged to have committed tne jrcs with which
first suspension he has been charged, it applies to any ofiice which he

The preventive suspension ryaI be .holding (Santiago v. Sandiganbayan, G.R. No.

of an elective local 128055, April I 8, 2001 ).
official is not an intemrption of the },term limit rule
lAOotvino v. COMELEC, G,R, /Vo. 1g4g36, lllegal dismissal, reinstatement and back salaries
Deeemfur 23, 2009). An illegally dismissed govemment employee who is later
ordercd reinstated is entitied to back wages and other
Prwentive suspension by the Ombudsman under monetary benef8 from the time of his iltegitdismissal up
Sec. 24 of RA" 6770 to his reinstatement because he is considered as not
By whom -
against whom
*- [r: leJt his ofrice and shouid be given a comparable

The Ombudsman or his Deputy may

":-l
September 17,1990).
any ofiher or employee under his chf* filFsA
investigation if in his judgment the
strong, and
6g€ {m ryee cannot be faulted for inability to
any service from the time he was
1. The charge against such officer or illegally up to the time of reinstatement. The
dishonesty, oppression or grile poficy ,k, no pay" cannot be applled
in the performance of dug;
for such
of affairs was not of his own making or
2. The charges would wanant removal
withhold back salaries and other benefits
3. The respondent's continued stay in
dismissal would put to naught the
the case filed against him (Garcn v.
of secun'ty of tenure for those in
139A$. September 1 0, 1g9g). (Constantino-David v. pangandaman-
1 56039, AuEusf I 4, 2003),
Duration
The preventive suspension shall last for not
rnonths. rmMUNtrY oF PUeLrc Orrrce
'i"""
ns
,"...,..i
!

lrygn{y9 Suspension by Sandiganbayan {pursuant Generalrule:

to R.A,3019) The doctine of state immunity from suit applies to
complaints filed against public officials for acts done in the
The Anrt-Gnft and Carupt pracfices Act (R.A. 30i9) performance of their duties. The rule is that the
makes it mandatary for the Sandiganbayan io suspend, suit must
be regarded as one against the state where satisfaction of
for a maximum period of 90 days unless the case is the judgment against the public official concemed wilt
decided within a shorter period, any public officer against
require the state itself to perform a positive act, such as
whom a valid information is filed charging violation of]
appropriation of the amount necessary to pay the
a. R,A,3019;
damages arvarded to the plaintitf (Moreau v. Veidiano,
b. Book ll, Title 7, RpC; or
G.R No. L46930 June 10, tgfig).
c. any offense involving fraud upon govemment or public
Exceptions:
funds or property (Cruz, The Law of pubtic Oificers, Where the pubtic ofiiciat
2007 ed., p.138)
a. is charged in his officiat
capacity for acts that are unlawful and injurious to the
rights of others. Public officials are not exempt, in their
The order of suspension prescribed by the R.A. No. 3019 personal capacity, from liability arising from acts
is distinct from the suspension imposed by the Congress
committed in bad faith;
to discipline its own ranks under Articte Vl, Secton 16(3)

176 Slx Beoa Colree r or Lew

20'13 Csxrnarrze o Ban OprnnrroNs
 his
b. Where the public officiaf is clearly being sued not in Term of a primarily confidentiat appointee
although
ofiicial cap*ity but in his personal capacity, When a public offiier hotds office ai the pleasure of
the acts complained of may have been committed while the appointing authority, his being replaced shall be
he occupied a public-position (Lansang v. Caurt of regarded as termination through-expiration of term
Appeals, G.R. No. 102667, February 23,2000); anO not removat (Astraquitto v.-Uangtapus, G.R. No.
c' Suit to compel performance of official duty or restrain 8g183, Octaber 3), 1gg0)
performance of an act (Rule 65, Rules of Coutt)
B. Accomplishment of the purpose _ where an office
Rationale for Eanting immuntty is created, or an officer is appointed, for the purpose
The purpose of the immunity is to insulate officen from of performing a single act oi ttre accomplishmeni of a
liabilityso_thattheyinayadministerthelawwithoutfearor given result, the ofiice terminates and the officer,s
favor(PCGGv.Pena, G.R'No. v7663,Aprit12,1988). luthority ceases witn tne accomptishment of the
rmmunityrrom suit orthe president fiffiTrilT#gi'frtT;r31H, fT!ff:'
outtine
General nrle: The President shall be immune from.suit
during his ta xre (cru2, Philippine paliticat Law, 2002 ed., c. Reaching the age limit
199).
P. Computsory retiiement:
Excepiion: 1. M6mberi of Judiciary years old fsec. 11, Att.
3.![r*-hmgntcornddnt (sec. 2, Art xt, constitutiur) vttt, tggl constitdi6fl-'70
b.While the President is immune from suit, shg pay4s[--_.'* -=fo$her ofti..o and emptoyees
govemment ._
be preveffed
De prevented fmm
rom^jgtitgrino qusuir.
Makasiar, G.R No,8251
t*
'ffi51xl3"ffit,Jf$y+t
{_s-dlfun '"'
:} r$t-Fruporo1sec. t3(h),GStELaw)
-46f;fr#lffijl?;f,y:[j,,,.**n of rhe
65

gAf-* 8€*A *iniilurffii vir" of service (sec. r, R A

A non-sitting Prcsident does not enjoy iffii&ffhbrfrcfl sf: Lffi4 "r
even for acts committed during frre latffiferffi*fiiH--T*
rule is that unlarrful acts of public_officiat#- n{t
S# i o. nesifnffi- the act of giving up or the act of a
the state and the otrrcerwho acts illegaillffit
such but stands in the, same footingffit*
fus,#* f ffisr
puurf by which he dectines his ofiice and
g$"i i *nqfuffie further right to use it. tt is usualty, but
uespasser. Theintentof
trespasser. theframersortnffistpt**-
tne tnrent or me framers of the$tnsthtisf, i$**!
,-*.ll-';*rnrtjrdiFgarity in wJtng (Cru2, Law or iiuic
clear
ctear that the immunity or of the presidefiffip is lh$koffcffff0l
presiderSffipn ipuit
$uit t itd., p.290).
concunent only with his tenure and not hr$iftrn itn the ,
Matter af ffie Pefrlbn tur,Y Ulfit af AnpaffiHfux i ryid !6Hf,eo intenrion to retinquish a part of the term
favw of Nafiel
Data in favor Nariel H. Rodriguez; Noriet
i ! ^tffian
\olel|trm9,ref - *r*65liO, tbAr;
v. Hernandez. O.R, wo.' L-1i482, May
ry. Gloria M*agd-kroyo, et at., G.R. wo.:{UQFr&
G.R' No. 193160. Novernbr 15,2011). %;;reffi must be voluntary (Cruz, The Law of pubtic
Ofl?cers, 2007 ed., p. 293);
Mooes oF TERMTNATTNG c, Act of relinquishment; and
d,Acceptance by the proper authority, either
Orncrel RELATtoNsHtp
expressly or impliedly (Suarez, political Law
Reviewer, 2002 ed., p.977).
A. Expiration of term ortenure
period during which officer may claim to
1. Term
-
hold office as a right (Cru2, Law of pubtic Officer,
Art. 238 of the Revised Penal Code makes it an
offense for any public officer who; before acceptance
2007 ed., p. 282). of his resignation, abandons his oflice to the
2.Tenure period during which officer mtually
-
holds office (Cru2, Law of PuMic Offcers, 2007 ed.,
detriment of the public service,

P.284). Acccptin g authorig for resignation

a, Competent authority provided by law;
By its very definition, an officer has a right to the term b,lf latt is silent and public officer is appointed, render
but he may be deprived of it before it expires. Thus, to appointing authority;
his tenure is not necessarily the same as his term c. lf law is silent and pubtic officer is elected, tender to
(Separate Opinion of Concepcion, J., Atba v. officer authoilzed by larv to call an election to fillthe
Evangelista, G.R. Nos. L-10360 and L-10433,
January 17,1957).

SeN Bron Co[rcr or Lnw I77

2013 Crurnauzro Bln OpennnoNs
 vacancy (Cru2, Polikal Law Reviewer, 2007 d., pp. abandonrnent is'a voluntary relinquishrnent through non
294-295).
user. Non-user refers to a neglect to use a privilege or a
right to use an easement or an office (Municipality of San
Andres, Catanduanes v. CA, G.R. No. 1lggg3, January
16, tggS).
President & Vhe- I

President Abandonment may also result from rcquiescence by the

Member of Congress ofticer in his wrongful removal (Canonizflo v. Ag'uine,
G.R. No. 133132, February 15,2001).

Governor, Vice
Under Civil Service Rules, an officer or employee shall be
Govefnor, Mayors and
automatically separated from the service if he fails to
Vice Mayors of highty
retum to the service after the expiration of 1 year leave of
urbanized cities and
independent component
absence without pay(secflon 33, Rute Wt of the
Revised Civil Serukre Rulesl.
cities
City lvlayors and Vice Under Civil Service Rules, officers or employees who are
Mayors of component
absent for at least 30 days without approved leave
citieq MunhipalMayom
{AWOL) shall be dropped from the service after due notice
-"-;-(Secfron 63, Rule XV, Amnibus Civit Seruice Rules and
.r\ negutaions).

(sr* lFffi#IE#,,
gq*$FU'$ffiat
not an orrense (Reyes Revised
Law, Book tt, zlba-ed.', p, 474).

*i{f;
resignation g i ;.ft i abandonrireffirst be to the
itgo.,;*_ffi ,'[,,,r,!of tfii.;,l|l

ffi ryffi,tJt
Errop. o.t, or
Effectivedateof fi:T$,.,
detriment the pubtic
servrce' j
The speclfied in the
date specified ffircfi StSi# I
tt tender; and if W
specified, when the pul
specifled, f,re i _ I _Sa
pubtic dfrcer receivfiStc& of
s resignation (Gamooffi ffinm*U ft$cc?ptffiof an incompatible office - "Test of
acceptance of his h
Appeals, G.R Na."''sffi!:
L Jff#ffilgil,ilHlfiffffiifl they ought notffi*firffi
asffi &t V.t i?*gtr;$trh..other,di:i#f,:"ffi
Resignation may be withdrawn as tong to be held by one
been mcepted (Cru2, Law of nut Oncffir\da., ; rygffi the contrariety and antagonism which
294). ffA^ {*;rw-o1grylt jn the attemptthebyduties
one person to fairhfuuy

Courtesy resignation esq*'. ffififlljltllsrge of-ol.,

-*ifiF5Eslbent of the other (Cruz,
roward the
Law of Public Offrcers,
Courtesy resignation cannot property be interpretea aff -W002 ed., p. 303).
rcsignation in the legal sense for it is not necessarily a _
reflection of a public official's intention to sunender nis a.Examples:
position. Ratnei it manifests his submission to'[i. *iri"i O.[!9re
Where one is subordinate to the other.
the political authority and the appointing power. tt atso one is,subjecttosupervisory powerof thecther
lacks the element of voluntariness (Orti v. COMELjC, $lbano,PoliticaiLawReviewer,2004ed.,p.gTS).
No. L-78957, June 28, lg88).
General rule: Acceptance of incompatible oifice ipso
E.Abandonment
-
voluntary relinquishment of an
by the holder, with the intention of terminating his
office facto vacates the first.

possession and conhol thereof (Canonizado Aiuinet. Exception:

G R. /vo. t33132January zs, z00q v.
i
ilJffiJhf#3"i:1X?;,X,::;:l?fiby
raw to accept

Requisites: ii.ln the case of the forbidden office, it ii the second office
a.lntentiontoabandon that is absolutely void. (secfion 13, Art. Vt, lgg|
b. Overt act by which effect
the intention is canied into
(CSC v. Yu, G.R. No. 1BgA4t, July 31, 2012).
Constitution).

Abandonment of office is a speciei of resignation; while G. Removal

in is a
-forcible and permanent separation of the
resignation general formal rdlinquishment, incumbent from office before the expiration of his term

178 Slx Bron Colrece or law

2013 CrNrulrzeo Bnn OprRnnoNs
 (/ngles v' Mtttuc, G.R No, L-20390, November 29, it is void ab initio (lJnited ClaimantAssociafion of NEA
1968)' PNtcAN), et' at v. Nationat Hectriftcation
Administration (NEA), et al, G.R. No. IgTl07, January
Removal not for a just cause or non-compliance with 31,2012.).
the prescribed procedure constitutes a reversible enor,
and entitles the officer or employee to reinstatement' Reorganization in this jurisdiction has been regarded
rights
with back salaries and without loss of seniority
(Cristobal v' Melchar, G.R No' L-43203, July- 29,
as va]id provided tne1l iie pursued in good faith. As a
geler{ rule, reorganization is carrie-d out in "good
1977)' f;ith' if it is ior tnti purpose of econonry or to make
bureaucracy more efficient. ln that event, no dismissal
Demotions and transfers without just cause are or separafibn actually o..ro because the position
tantamountto removal (Fernando v. Sfo.romas, G.R itself ceases to exist. And in tnat ciie, sec[rlty or
N0.112309, JutyZ\,1g94). tenure would not be a Chinese wail
lhirtii.-Mison,
G.R No. 81954,Augustg, lggg).
Removal or resignation from office is not a bar to a
finding of administrative liability (office of the Presklenf The President may reorganize administrative agencias
vs'Cataquiz, G'R. No' 18U45, Sepfember 14,201l.). under the *r.crliur-drfadment by exercising his

H. Recail
-
rr is a method or rernovarwhere fire p*pre E[%,r*;tl#;Ji:Ho"?r"'#;:?
exercise their suffrage and express their lgqs of. _r" ._=l,fZl4|. ^T::
August1,Z003).
' ru;
confidence in a public otfwer (Ct11L,*The Uwijipumi
-[. ,;li !1r -'".
officers,200t ed., p. s21). -:gJ\H : ] jitti&j,
^W of personnet as a resutt of
Sf;q,&is ttre qffin
l. lmpeachment
-
a method of natioffirftft&dtGGf; {}ffi*i$$bffiff;;ri diimissal in ecordance wifir
"
?l-?fl$Hy flF1ffl* qryF_!ffiert' *'tdilr. to arpfter office (sec
conduct or public men. tt is
removar exercised by thg tegistaturffh_rbs&t
number or orricials (cruz' Law orPubtffircfl?ui a R.67wlAftrfr;rl;;i.
ed., p. 313).
I K. *Jrffi, or the ;;;" ornce
- The Rures or
-,1ryt -"ffid";illWflffi[W
J Aborition or orrice be $'l 3-ffi::?iJ:i#'ffi,tri:[H
wththecearntent'::#':1;ilt'ffi*i
personal or
political
implemented in a manr
Autline Reviewer in Political Law, 2AAg d.,
i #ft,*''il
v. Melchor, L43203, July 29, igT7).

Valid abolition of office does not constitute
the incumbent (De La Llana v. Atba, G.R. Na. L-STggJ,
March 12,1982).
Constitutionaloffices cannot be abolished by Congress
(Suarez, Political Law Reviewer,2002 ed., gg3).
No law shall be .passed reorganizing the Judiciary
when it undermines the security of tenure of its
members (Constitution, Sec. 2, Att. Vlll).
Reorganization
It involves the reduction of personnel, consolidation of
offices, or abolition thereof by reason of economy or
redundancy of functions. lt couid result in the loss of
one's position through removal or abolition of an office.
However, for a reorganization for the purpose of
economy or to make the bureaucracy more efficient to
be valid, it must pass the test of good faith; othenryise,
The filing of an administrative case will not suspend
the period bbcause the issue is purely legal and there
is no need to resort to administrative remedies
(Madrigal v. Lecaroz, G.R No. L-46218, Octobr 23,
1Ieq.
Death terminates the right to the office as it
-
terminates everything else. However, whether the
office will be immobilized as a result will depend on
the nature of the office and provisions for automatic
succession (Cru2, The Law of public Offrcers, 2001
ed., p.337).
M. Failure to assume office
-
The office of any ofiicial
elected who fails or refuses to take his oath of office
within 6 months from ,his proclamation shall be
considered vacant, unless said failure is for a cause
or causes beyond his control (section 11, B.p. ggl _
Omnibus Election Code).

SaH Beoa Conecr or Law 179

2013 Crnrnauzeo Bnn OprRanoNs
 N' Conviction of a crime the penalty imposed
carries with - when
it the accessory penalty of
Memben of the Supreme Court must, unde.r Article Vlll
(7) (1) of the constitution ne members of the philippine
disqualification, conviction by final judiment bir' ano may be remJveo from offhe only by
automatically terminates official relationship (Art. 90, impeachment. to granti comptaint for disbarment of a
Revised Penal code)' Mdqrber ot tne co-urt ouring the Membefs incumbency,
wourd in effect be to circumvent and hence to run afour
While a plenary pardon extinguishes the of
accessory the constitutional mandate tfrit Members ot the Court may
publii
penalty of disqualification, it will not restore the
be removed trom omce-0.,y o1l impeachment for and
a'
office to the officer convicted. He must be given conviction of certain onenrei'tist d in Article x
(2) of the
v.
new appointment to the position (Monsanto constitrrtron (ln re Gonzatx, A.M. No. gg4-5433, April
iggg).
Factoran, G.R No. 78239, February g, 15, lggg).

Appointive officials are deemed resigned upon filing |MPEACHMENT pRocEDURE

of certificate of candidacy The exclusive power to initiate impeacrrment is todged
ln v. CaMELEC (G'R' No. No. 189698, February with the Hgusd ot nepreientatives
Qu"l'tfo
(Sec. J(I), Art. xt,
22,2010), the supreme court upheld the constitutionality i9g1 constitutionj -F -*-
of Sec. 13, R.A. 9369, and Sec. 66, Omnibus Election
Code, which stated that any peEon holding a public The Senate has the power to try the impeachable officer
of
I
appointive offhe or position, irnluding mtive members after the articles of impeachnent have 6gen transmitted
the armed forces, and offhers and emplory-s.*g*;:(srg6p[5), Att xt, rcei ciistirutnnsit.
-":I
*,".\ ,H"
govemmentowned or-conroileo
guvcilrrrleilr-owneo or-conroiled cqg?rattons, E ,-.-1"
$iiail W,:'.-\"'
cqgprations, Fhall .Ii'
.it}-*'-.\
considered ipso facto resigned
ir"trJiil'i,:i''T.:*"tfi
hic/har aar*ifiaa*i^-
his/her certirication or
5l&
^5 ^
'{ffilisffi iffi ffierurd
EffgA verified t s n ed by:
tt doffitti€Sgqg tlrd*rrqffi;iorJoin
TIldTI. presentatives
equar protection crause tecause no pewF,
-'Hrmffi ffislffiiffir#:rent
ffi ffiI"
bv
run for public offrce (Et

i$Y& i , Th;F;mffii irlil;ffi;il"fi;il;iusiness

No /8e6e& February22,2010). _

.ffi..1.-.I-- I wtrF $fi:ssion daYs

AccoUItTABILITY oF the proper Committee with three session

OrnceRs committee is the Committee on justice

v. House of Representatives, G.R. No.
IMPEACHMENT
10,2003).
Who may be impeached?
e Committe, afier heaing, and by a maiority vote
a. President
all its Members, shall submit ib report to ihe House
b. Vice-President
within sixty session days from such refenal,
c. [,lemben of SC
5. It shall be calendared for consideration by the House
d. Members of Constitutional Commissions
within 10 days from receipt
e. Ombudsman lSec. 2. Nt. Xt, lgg| Constitution)
6. A one third vote is necessary to affirm a favorable
resolution or ovenide a contrary resolution of the
Grounds for impeachment
committee
a. Culpable violation of the Constitution,
7. But where the complaint itself was filed by one third
b. Treason, of
the members of the House, there is no need to
c. Bribery,
comply with the preceding steps. lt shail constitute
d. Graft and corruption,
the Articles of lmpeachment
e, Other high crimes, or
8. The Articles of lmpeahment is transmitted t0 the
f, Betiayal of public trust (Sec. 2, Att. Xl, lggl Senate and trialshalt proceed fo(hwith
Constitution).
9. Each Senator shall take an oath or ffirmation before
assuming tlrcir offi0e as Senator-judges.
lmpeachable officers may only be removed
by 10. After the transmission and the organization of the
impeachment for the grounds set out by the Constitution
senate as an impeachment court, a writ of sumnions
(ln Re Raul Gonzates, A.M. No. gg4-5433, April 15,
shall be iszued to the impeached ofiicer directing him
1988).
to:

SaN Eeon CorrEor or hw

2013 CrNrnauzED BAR Openanons
 a.AppearbeforetheSenateatafixeddate to the Committee on Justice (Francisco v.
House of
b' File an Answerwithin 10 days Represenfafives, G.R. No. 16026'1, November 10, 2003).
The prosecutors may file a Reply to the answer
within 5 days (Ru/e vil, 20lI Ru/es of procedure OMBUDSMAN
on lmpeachment Tials).

president be
1 1' The Senate sitting as an impeachment court shall composition of the oflice of the ombudsman
presided over by the senate
1. The ombudsman or tanoooayan
the
'Exception: lf the President is impeached, it is 2,Oneou*r.riJ.p,,t'OrOujrrrn
preside.
Chief Justice wfro shall 3. Three deputy Ombudsman: One for Luzon, One for
of
The presiding officer_shall rule on all questions
evidence, unless a senatorJudge moves that the
Visayas,bndOneforMindanao.
4. A deputy ombudsman tor mititary establishments may
question
be voted upon by all the senator-iudges alsobe'appointeots4.Te,t
(Rule Vl, 2011 Rules of proredure on lmpeachment
it,tgglciritit,,tni.
Trials). eualifications
12' Upon the close of the. trial, the Senator-judges shall
The following qualifications are for the ombudsman and
vote on each ol try articres of imperctnnent his depufles:
separately (Rule wt, z|li Rutes of procedure on
l.Naturalbomcitizens,
lmpeachmentrrials)' 2. At least 40 years of age at the time of the appointment
13' ln order to result in a convbtion, at least tvvothirds of 3. Of recognized probity and intlependence
all the members of the Senate must concur irrine**
of the Philippine Bar
article of impeachment (Rulegt, mt frutes\fr
y#;:|"yr,##;;1y13ffi1"' f:":s
:]-5mTdidttforanl,;d;; position in the previous
se**
Judicialreview of decisions of the Gg frg have for 10 yeans or more been a
Although the Senate has the sole pwei
the prmtice of lar in $re philippires
all cases of impeachment, this does 7 Constitution).
review. Under the expanded jurisdiction
Court, the Supreme Court may
and his deputies must be appointed by
grave abuse of discretion amounting to
n a list of nominees submitted by the
jurisdiction (Frfficisco v. House of Ren
They do not require the conlirmation
No. 1 60261, November I 0, 20Aq. on Appointments (Sec. 9, Art. Xt, lggT

Effects of a conviction in an
1. Rernoval
2. Disqualification from holding any office in the
serve for seven years without reappointment
of the Philippines 11, Art.Xl, II87 Constittttiort).

The removed officer may still be pmsecuted later under an Functions

ordinary criminal action if the impeachable offense is also The following are the functions of the Ombudsman:
an indictable offense (Cru2, Philippine potiticatLaw, 2002 1.lnvestigate on its own, or on complaint by any person,
d., p.363).
any act or omission of any public official, employee,
office or agency, when such act or omission appears to
One year bar be illegal, ullstt improper, or inefiicient (Sec. 13 (1),
No impeachment proceeding shall be initiated against the Afticle Xl, 1987 Canstitution);
same official more than once within a periocl 2. Request any government agency for assistance and
fSec. 3(5,),
Att Xl, 1987 Constiffiion). information necessary in the discharge of its
responsibilities, and to examine, if necessary, pertinent
fhe initiation starts with the filing of the comptaint records and documents (Sec. 13 (S), Micle Xt, lggT
which must be accompanied with an action to set
the Constitution);
complaint moving. lt refers to the filing of
the 3. Publicize matters covered by its investigation when
impeachment complaint coupled with Congress' taking circumstances so wanant and trnrith due prudence (Sec.
initial action of said complaint. The initial action taken by 13 (6), Article Xt, 1987 Conslthttion);
fie House on the complaint is the refenalof the complaini 4. Determine the causes of inefficiency, red tape,
mismanagement, fraud, and conuption in the

SaH Broa Colrrce or Law 181

2013 CrrurnauzED BAR Orrnarrons
 Govemment and make recommendations for their continued stay in office may prejudice the case filed
elimination and the observance of high standards oj rgiinrt him (sec. 24, R.A. 677a). 1

ethics.and efiiciency. (Sec. /3 (T), Articte Xt, IggT

_ Constitutionl; and Jurisdiction
5' lnvestigate and initiate the proper action for the The office of the ombudsman shall have disciplinary
recovery of ill-gotten unexplained wealth authority over all elective ano appointive officials of the
-and/or
amassed after February 25, 1186 a1-d
fhe
prosecution Govemment and its subdivisions, instrumentalities ancl
of the parties involved therein (sec' 15(11), R.A. 6770). agencies, inctuding M;il"
of the cabinet, tocat
powers of theOmbudsman 0r controlled
govemment, govemment-orned
The rorrowins are tne powers or the ombudsman' ;'"Yiffi'il'?:#ilo"fill'il,':d:::ilrHi';I:'ff
1' Direct, upon complaint or at its own instance, any public Members
of Congress, J;dti;ry 6;;. ii,'a.e.
official or employee of the Govemment, or any 6TT0). "no'tn,
subdivision, agency or instrumentality thereof, as well
as of any govemment-owned or controlled corporation lt can prosecute cases before the regular
courts, The
or ombudiman is empowereo by the legislature
'with originalcharter, to perfurm and expedite any act
conect R.A. 67Ta and ir il;t d an active role through
du$ requircd by law, or to stop, prevent, and
^ duties. enforcement of anti-graft and conuptioninlaws.
1y ab$e orimpropriety in the performance of
the
tn?:t^9f^tffl-t"^31:
' ?jff:jry ?propriate.actiol loognizins the *port il. or this poruer, tre supreme
against a public official or employee at fault,*a0C"-_** not wish to derogate it by limiting it to cases
recommend his removal, suspeqgigr, demotpn,
Oemotpii fiffi
nrldt ,:r: juriSdiction of the Sandiganbayan (uy v.
or cofupm;
i.tlllf;
therewith.
prosecution, and
W#F cohpn{ffi
s&f* ;*ffigandtt,
sgsA
gg1vo. ros,gae-to, riarcn io, zooil
3. Direct the oficei concemed, in any GE before the Ombudsman
and subjmt to strh limitations as m
c6e
law, tg fumish it with copies of The shall act on all complaints relating, but
contracts or transactions entered oromissions which:
involving the dbbursement or use of a.Are contrary to law or regulation;
properties, and report any in b. Are unreasonable, unfair, oppressive or discriminatory;
Commlssinn on Audit for appropriate
4. Promulgate its rules of procedure and such
other powers or perform such functions' q,as (d.Procee! from a
mistake of law or an arbltrary
i
Li
rnay be provided by law
ascertainment of facts:
ofJacts;
5. Administeroatts, issue subpoena and
e. Are in the exercise of discretionary powers but for
tecum, and take testimony in any an
improper purpose; or
inquiry, including tfre porrer to examine and Are
access to bank accoung and records (Sec. 15 (q,
f. othenrvise iregular, imrnoral or devoid of
C.A juslification /Sec. /9, R.A.6TT0).
6770);
6. Punish for contempt in accordance with the Rules of
Court-and under the same procedure and with the
Three modes of initiating cases before the
Ombudsman (COW)
ff
!1!9 penatties provided therein (Sec. (g), R.A. 1. On the basis of a Gomplaint originaily filbd as a crirninat
6770); and
to the
action or a grievance complaint or request for
7. Delegate Deputies, or its investigatons or assistance;
representatives such authority or duty as shall ensure
2. An administrative proceeding may also be
the effective exercise or performance of the powers, Ordered by
the Ombudsman or the respective Deputy OmOuOsman
tunctions, and duties herein or hereinafter provided
on his initiative;or
(Sec. 15 (t0), R.A.6TT0).
3.By_ Wriften complaint under oath accompanied by
8. Preventively suspend any officer or empioyee under his .u
affidavits of witnesses and other evidence in support of
authority pending an investigation, if in his judgment the
the charge. Such complaint shail be accompanied
by
evidence of guiit is strong, and (a) the charge against
such officer oremployee . involves dishonesty,
a Certifiiate of
Non,Forum Shopping duly
' oppression or grave misconduct or neglect in the
subscribed and swom to by the complifnant or hii
counsel (Sec. 3, Rule il\, Rules of procedure of the
performance of duty; (b) the charges would wanant Offic.e of the Ombudsman).
removal from .the service; or (c) the respondent,s

182 San Beol Collror or Lnw

2013 Cenrnarrzeo BaR OprRerror.rs
 The Ofiicer of the ombudsman can act on anonymous SAND|GANBAYAN
complaints because it shall receive complaints from any
source in whatever form concerning an official act or statutory origin
omission (sec' 26 (2), R.A.6770). sandigaibayin was created by p,D, 1606, as amended
by R.A. 8249.|t,s creation was constitutionally mandated
Any order, directive or decision imposing the penalty of
public censure or reprimand, suspension of not more than
Out it iS not a constitutional court,
lt may be abolished by
statute (Bernas, The 1gg7 phitippin6 constitution, A
(!_Tglth's_salary shalt be final and unappeatable Reviewer-primer,2002ed,,p.4gg),'
91.
(Sec.27, R.A.6770).

Sec' 27 of RA" 6770 declard partially Cornposition

The iourt is composed of 14 Associate Justices and one
unconstitutional presiding Justice
fSec, l,
p.0.l,606).
Sec, 27 used to provide that "ln all administrative
disciplinary cases, orders, directives, or decisions of the Jurisdiction
ffice of the ombudsman may be appealed to the A. Exclusive original
Court by filing a petition for certiorari within ten
9.q*.
(10) days from receipt of the written notice of the order,
l.Viotations of-Republic Act No. 301g, as amended,
otherwise known'as the Anti-Graft ino Co*ption
directive or decision or denial ol the motion for Practices Act, and Celuntic Act No. 1379, and
in accodance with Rule 45 of the Rules of chapter ll, section 2, Tifle Vll of the Revised penal
uuurL
lecorsideration
\uUUlt,
-- *-.: " ':r- l\nr{a rrilrnra
--:$oge, where one or m^- ^a rL^
more of -----^-r
the accused are offrcials

rn the case or
t29742, Septembr 16, "u'f{nru:,nru f},;;ffi;- J;ffi1f,ffiffi'#',ffT#,ffi'ffItrTt
down as unconstitutionat because ffigrru"UFGg {}F LAW
appenate jwisdiction of ne supreme " -=Hilffis.^:i*:^lm,^pw-=ry
advice and concunence, wffiT regional director ard higher, othemise
- as Grade 'IT and h[her of the
Judicialreviewinadministrativeproce$ffis Ti:
File a petition for revieuv under Rule 43 of the Rules of*.=t
i Cfrrrffiatm inO-F*,ti.,n Ctassitndion fut d
"" Act No. 6758), specifrcalty irrctr.dirq
ruf$pt' ffif;iciat go*o,pantataivigan,
:
court
Court with the court
Court of Apqeals within 15 days from nothe
of judgment (Enemrcio v, office of the ambudsman,.G.R.
lt} vicegovemors, nxembers
0"., : *#ri san{guniang ani provirrciat
No.146731,January13,2004).
Exception: W^ "\. ; {qY ^ffip
ffiu"","uior15o, engineers, and other
Wn.
Anyorder,dlrectiveordecisionimpo$ng1ryk$i''*--nngffiffitv i */
^ffiuincialdepartment
*uyon, uic+mayors,
heds;
members of the
ofpubliccensureorreprimand,suspensioffisangguniangpanlungsod,citytreasui.er,
rnore than one month's salary shall be find q*r\|- assessors, engineers, and other city Oepartmeni
unappealable (Sec.
unappeaEote /t
pec. 27 of
at Kepuoltc
Repubtic Act No. 6T10, 6/70, heads;
othewise known as lhe Ombudsman Act of 1989); iii. Officials of the diplomatic service occupying the

.hrrriciarreview in penarproceedings i, tsffi'ilill,,,:t::ffi'',1$':lli:l|. cobners, navar

An aggrieved party's remedy depends on whether or noi captains, anO att officers of higher rank;
fiere was grave abuse of discretion amounting to lack or v. Officers of the philippine Naiional poiice while
ex@ss of jurisdiction. lf there was grave abuse of occupying the positibn of provincialdirector and
discretion, he may file a petition for certiorari under Rule tnose nolOing the rank of senior superintendent
s5 with the supreme court. lf there was no grave abuse or higher;
C discretion, tne gartY has no rembdy. R.A 6770 is silent -
vi. City and provincial prosecutors and their
as to the remedy of a1 aggrieved party in case the asiistants, and officials and prosecutors in the
3rnbudsman found sufficient cause to indict him in Office of the Ombudsman and special
:riminal or non-administrative cases. The supreme court prosecutor;
:anrrct supply such deficiency if none has been provided vii. bresidents, directors or irustees,or manage*
i I*lotenbr
the law
!fiy!^v Sandiganbayan, G.R. No. l31g13,
4' 1999)'
of govemment_owned or
contrjtnO
1 corporations, state universities or educational
institutions or foundations;
!
I
u

r
t

i...
t

I San Broa Corr.rcr or tnw 183

2013 CrNrnauzro Bln Ope nerror.ts
[
I
 b. Members of Congress and officials thereof
classified as Grade ,27, and up under the
Compensation and position Classification Act
1 989;
c. Members of the judiciary without prejudice to fre
provisions of the Constitution;
'
d. Chairmen and members of
Constitutional
Commissions, without prejudice to the provisions of
the Constitution; and
e.All other national and local officials classified as
Gtade "27" and higher under the Compensation
and Position Classification Act of 19g9.
2, Other offenses or felonies whether simple or
complexed with other crimes commifted by the public
ofiicials and employees rnentioned in subsection of
this section in relation to their offbe.
3,Civil. and criminal cases filed pursuant to and in
connection with Executive Order Nos. 1, 2, 14 and
14-A, issued in 1986 (Sec. 4, p.D. 1606).
The power of the Sandiganbayan to
those under its jurisdiction is distinct
Congress to discipline its members, f&&h.€G€
provisional measure while the latter is
penalg (Defensor-Santiago v.
128A55. Apil 18,2001). ,
B, Appellate jurisdiction
The Sandtgano.vm r-niii exercise
jurisdiction over finaljudgments, resolutions
q.rGii3
aiperrate
or orders
rders or
ffi;l
or
y::,',:-*: g^'jh;l:: tP_:f:i'9cf their own ;
3tj*1' jurisdiction
original orof their appellate jurisdiction as
herein provided (Sec.4, R.A. SZ4g).
Review of decisions
Decisions and final orders of the Sandiganbyan shall be
appealable to the Supreme Court by petition for review on
certiorari raising pure questions of larv in accordance with
Rule 45 of the Rules of Court. Whenever, in any case
decided by the Sandiganbayan, the penalty ol rectusion
perpetua, life imprisonment or death is imoosed, the
decision shall be appealable to the Supreme Court in the
manner prescribed in the Rules of Court (Sec. T, p.D.
1606).
ILL.GOTTEN WEALTH
lllgotten wealth is defined as any asset, property,
business enterprise or material possession of persons
within the purview ol Executive Orders Nos. 1 and 2,
acquired by them direcily, or indirecfly through, dummies,
nominees, agents, subordinates and/or business
associates by any of the following means or similar
schemes:
184 Saru Broa Colrecr or taw
2013 CrNrnarrzeo Bln Oprnenoxs
a.Through misappropriation, conversion, misuse of
i
malvensation of public funds or raids,on the public
of treasury;
b, Through the receipt, direcfly or indirecfly, of any
commission, grft, share, percentage, kickbacks or any
other form of pecuniary benefit from any person and/or
entity in connection with any govemment contract or
project or by reason of the office or position of the
official concemed.
c, By the illegal or fraudulent conveyance or disposition of
asggts belongingto the govemment or any of iB
subdivisions, agencies or
instrumentalities or
govemmentowned or controlled corporations;
d. By obtaining, receiving or accepting direcfly or indirecily
any shares of stock, equity or any other form of interest
or participation in any business enterprise or
undertaking;
e. Through the establishment of agricultural, industdal or
comrnercial monopolies or other combination and/or by
promulgation and/or implementation of
orders intended to benefit parthular
; ano
e of official position, authority,
for pensonal gain or benefit
PCGG Ru/es aN Regulations
O. No. 'l and 2).
ill gotten wealth
i
Republic v. Sandiganbayan, (G.R. No.
2003), penned by then Associate Justbe
the Suprerne Court held that illXotten
ned ry boking at the income stated in
the net worth based on tre SALN less
wealth. The difierence is considered as iil-
tvealth because the ofiicer. cannot explain the
of the income
Statements of assets liabilities and net tyorth
A- public
.officel or employee shall, upon assumption of
office and as often therearter as may be rerluired by iaw,
submit a declaration under oath of his assets, tiaOitities,
and net uvorth. ln the case of the president the Vice_
President, the Members of the Cabinet, the Congress,
the
Supreme Court, the Constitutional Commissions and other
constitutional offices, and officers of the armed forces with
general or flag rank, the declaration shall
be discbsed to
the public in the manner provided by law (Sec. lT, Att. Xl,
1987 Constitution).
A interpieter was removed by the Supreme Court for
_court
fjilinO to include a market stand in her SALN (Rabe v.
Flores, A.M. No. P-97-1247 May l4,1gg|).
 Public officials and emptoyees have an obligation to for
accomplish and submit declarations under oath of, and
Term limits members of the House of
Representatives
the public has the right to know, their assets, liabilities, net No Member of the House of Representatives shall serve
worth and financial and business interests including those for more than three consecutive terms. Voluntary
of their spouses and of unmanied children under eighteen renunciation of the office for any length of time shall noi
(-T)years of age living in their househotds
1Sec.
g, R.A be considered as an intenuption in the continuity of his
6713). service for the fuil term for which he was elected
iSec. Z
Afticle Vl, I 987. Canstitution).
The law requires that the SALNs must be accomplished
as truthfully, as detailerl and as accurately as possible The three term limit will not apply in cases where an
(flo:pt v. Montemayor, G.R. No. |TA146, August 2i, officer takes possession of an ofiice because of
2uq. succession because he is not considered to have fully
ryrv9d his (Bo[a v. COMELEC, G.R. No. il34g5,
lerm
When to file: September 3, 1998).
a. Within thirty (30) days after assumption of office;
b. On or before April 30, of every year thereafter; and Term limits for senators
c. Within thirty (30) days after separation from the No Senator shall serve for more than two consecutive
service (Sec. 8, R.A. 6713). terms. Voluntary renunciation of the office for any length
of time shalt not be considered as an interruption in ine
Criminal liabitig for nondisctosure of his service for the full term of which he was
Any person who violates the duty ;fq$gu[y
'.r elQ#d fsqc 4, Articte Vt, ISBT Constitution).
punished by imposing a penalty
]I fr-l*-*-i *W
exceeding five (5) years, or a fine
thousand pesos (P5,000.00), or
ffi timiG romffiBintive officiats
E €Fnlafftrr,tfficials have terms. The Constitution
discretion of tre court of term limits:
disqualification to hotd pubtic office (Sec. 1. The Commissioners of the Civil $ervir:e
2, Article lX-B), Commisskm on
: TERMs Llmrrs 2, Article /X-Cl, Commission on Audit
X-D) all have one term limits since trey
Term one term without reappointment.
It is defined as the time during which the
and his Deputies shall serve for a
claim to hold the office as of right, and without reappointment (Sec. 11, Articte
after which the several incumbents shali they also have a one term limit.
another (Aiveros v. Villaluz, G.R No. I
1971).

Term limits for local elective officials

The term of offbe of elective local officials, except
barangay officials, which shall b"e determined by law, shall
be three years and no such official shall serue for more
than three consecutive terms. Voluntary renunciation of
the ofiice for any length of time shall not be considered as
an intenuption in the continuity of his service for the full
term for which he was elected (Sec. d, Article X, lgg\
Constitution).

Term limits for barangay officials

No local elective offbialshall serve for more than three (3)
consecutive terms in the same position. Voluntary
renunciation of the office for any length of time shall not be
considered as an intemrption in the continuity of service
for the full term for which the elective official concemed
was elected (Sec. 43 (b), Local Government Code).

Snru Broa Coilre e oF [Aw 1S5

2013 Ce Nrnerrzro Bnn OpeRarroxs
Content and Lay-out
Editors

ALYSSA DAPHNE AVILA

JOLAS BRUTAS
MOLEE UZWORTH DE GUIA
IAN DANIEL GALANG
ARIEL MAGHIRANG
REYNOLD ORSUA
RACHELLE PANGANIBAN