MADZ ONG | ATTY.

AGRA | POLI REVIEW | A 2018

ADMINISTRATIVE LAW • BSP: both GI and GOCC (this is a exception because GIs are not
corporations and therefore, they can never be GOCCs).
1st Session
8. Name the parts or sections of a charter of a GI (No Problem MR Dream
1. The administrative code of 1987, the LGC, the OEC, and resolution of the Boy D JSP)
COMELEC form part of administrative law. a. Name
• Admin Code: general admin law b. Principles
• LGC: special admin law c. Mandate and purpose
• Both control admin agencies because they were enacted by d. Powers
Congress e. Duties and responsibilities
• Resolutions also form part of Admin Law f. Relationships
g. Jurisdiction
2. There are more than 1000 administrative agencies in the Philippines. h. Structure
• Yes. i. Budget
• Barangays: 46k j. Dissolution
• Cities: 120+
• Municipalities: 4k+ • It is important to read the charter because it will tell us its powers.
• 200 government corps What is not written is not given.
• 500 water districts • Except local governments because they have residual powers. Even if
• Why so many? Complex, specialization, etc. they do not have the express power to prohibit, they could.

3. All administrative agencies are creatures of law. 9. The COMELEC is an administrative agency.
• They are created by law or by authority of law. • Yes, because they are created by the Constitution.
• All commissions are admin agencies and they are independent of the
4. An agency of government which is capitalized is a government owned executive branch.
and controlled corporation
• It does not follow. 10. The relationship between the President and Makati City is the same as the
• Aside from having capitalization, the capital must be divided into relationship between the Pres. and the DOTC and that of the DOTr and
stocks. This makes it a GOCC. the PNR
• If capitalized without stocks, it may be a GI. • Pres. and Makati: supervision
• Pres. and DOTr: control and supervision
5. The PRA is a GOCC and therefore must be economically viable. • DOTr and PRN: attachment. The department secretary chairs the
• PRA is an unincorporated GI (SC ruling) board but he only has one vote.
• 2 requirements under the Constitution (economic viability and • DOTr cannot overrule the contracts entered into by the PNR.
common good) only applies to GOCCs and not to GIs
11. Because administrative agencies do not possess inherent powers, they
6. The MIAA and the Phil. Fisheries Development Authority belong to the cannot prohibit activities without an express grant of power
same class of administrative agency • All AAs do not have inherent powers.
• Yes, they are both GIs • They cannot prohibit if they do not have the express authority to
• They are non-stock and non-profit prohibit, except LGUs because they have local autonomy.

7. The MECO and the Boy Scouts of the Philippines are the same in some 12. The LGC empowers local governments to formulate their respective
respect development plans, thus, such law is incomplete as it has no standard.
• Both sui generis • Similar to the Cybercrime Law. It is still complete even if they have to
• MECO: neither stock nor non-stock but because it collects money formulate their plans.
from the public, it is subject to COA audit.
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 MADZ ONG | ATTY. AGRA | POLI REVIEW | A 2018
• Standard may be broad. Standard can also be found in other
statutes. Social justice is a broad but an acceptable standard.
2nd Session
1. The Sangguniang Panlungsod of QC issues a subpoena to determine if
there are violations of a business permit.
• Local government councils do not have this power. They must go to
court.
2. Absent an explicit grant of authority, an admin agency has no recourse
against disorderly behavior by a person before it.
• Not by itself. Go to court.
3. Rules must follow the rule on subordinate legislation therefore rules are
laws.
• Rules are not laws. They have the force and effect of law but they are
not laws, except ordinances. Ordinances are local laws.
• Like rules and local laws, they are subordinate to the Constitution,
statutes, special laws.
4. The incumbent bureau of internal revenue commissioner revoked a
previous circular issued by the previous commissioner upon which a
taxpayer claimed deduction.
• Yes. The successor is not bound by the rulings of the previous
commissioner. There is no vested right on an erroneous interpretation.
• If the ruling of the predecessor is correct, you can have a vested right
if you prove that the interpretation of the predecessor is correct.
5. The opinions of the SOLGEN and the OGCC must be filed with the UP Law
Center and published in order to become effective.
• Opinions are interpretative rules which need not be published.
6. The COMELEC en banc can issue rules pertaining to election protests
cognizable by the HRET, PET. SET.
• No.
• The CSC cannot issue a rule pertaining to a non-classified position.
• Similarly, an admin agency can only issue rules within its jurisdiction.
7. Under the Phil Competition Law, a merger with a transaction value with
more than 1B is anti-competitive if there is no notification based on the
form prescribed by the PCC. If and when the PCC prescribes the form, the
same need not be published to become operative.
• The rule on the failure to notify based on the form prescribed is found
in the PCL.
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• Check classification of the rule to determine if it is required to be
published. In this case, it can either be a procedural rule or a
contingent rule.
• Both must be published – procedural and contingent.
o It can be contingent because the requirement only becomes
operative if the PCC comes out with the form.
8. When a law only allows for regulation and categorically prohibits for
imposition of penalties, an ordinance can provide for community service
and admonition.
• An ordinance can provide for these because these are NOT penalties.
• Reprimand is a penalty but admonition is not.
9. The rule-making power of admin agencies emanate from an express
mandate of an enabling law which likewise provides the publication of
rules.
• There are only 2 types of rules which requires an express grant of
authority: contingent and penal
• 2 rules which need not be published: internal and interpretative
10. The freedom of information policy of the Pres. and all instructions to local
governments of the DILG must be in the form of an executive order.
• Pres: EO (must be published)
• DILG: must be a Memorandum Circular (no need to be published
because it only pertains to LGUs)
11. The DILG issued a memo circular defining fiscal autonomy as subjecting
LGUs to restrictions as may be imposed by national government agencies.
• NGAs cannot impose a limitation absent a limitation found in law. It
would amount to control.
• The issuance of the DILG is restrictive, similar to the case on
abortifacient. “Primarily induces abortion” limited the broad meaning
of abortifacient.
12. Revoking a franchise of a public utility bus and issuing a resolution on the
reinvestment fund for sustainable capital expenditures by the Department
of Finance and the revocation of a bus franchise are both quasi-judicial in
nature and must be published.
• Revoking: Quasi judicial so need not be published
• Reinvestment fund: internal so need not be published
13. A COMELEC en banc resolution prescribing the requirements for
disqualification cases must be published. Publication is also required when
the COMELEC applies said resolution for candidates facing
disqualification cases.
 MADZ ONG | ATTY. AGRA | POLI REVIEW | A 2018
• Resolution must be published because it is supplementary and
procedural
• When the COMELEC applies the resolution and disqualifies a
particular candidate, it is quasi-judicial and need not be published.
14. The Ombudsman in ordering the removal of the governor declared
unconstitutional a DILG circular.
• While the Ombudsman can remove, it cannot declare an executive
document as unconstitutional. Only the courts can.
• The removal of the governor can be questioned before the courts.
Normally the respondents go to the CA and get an injunction.
• All rules are subject to judicial review.
• It really depends on the wording of the charter on whether or not an
admin agency has the power to resolve only questions of fact, or
mixed questions of fact and law.
15. Labor arbiter decides in favor of the petitioner on the basis of position
papers, there was no hearing and respondent was not represented by
counsel. There was also no cross-examination. The decision of the case
did not discuss backwages.
• Decide on the basis of position papers: allowed
• No hearing: substituted by position paper ok
• Representation by a lawyer is not mandatory in admin agencies.
• Cross examination is dispensable
• All issues raised by the parties within the jurisdiction of the admin
agency must be resolved.
16. COMELEC En banc in a resolution authorized its field officers to receive
evidence, to draft decisions. Can the COMELEC adopt in toto the
recommendation?
• Receive evidence and draft decisions can be delegated.
• The COMELEC can adopt in toto the recommendation.
• The power to adjudicate cannot be delegated. It involves trust and it
can only be done by the COMELEC (division or en banc).
• All other activities short of adjudication may be delegated.
17. COMELEC 1st division ruled on a material misrepresentation case based on
hearsay and ocular inspection.
• If there are other corroborative evidence, yes, and if what was
disclosed would be relevant.
• Admin agencies are not bound by the strict rules on evidence.
18. COMELEC chairman rules on a disqualification case on a presidential
candidate and orders the transfer of a COMELEC department head.
• 1st – NO. He is part of the collegial body
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• He can transfer because he (chair) has the power not the COMELEC
en banc
19. COMELEC en banc denies a request of a party in a failure of election
case on the minutes of the deliberation. Party cites freedom of
information EO.
• No. Pre-decisional and deliberative matters are not subject to the
freedom of information.
• The EO does not cover COMELEC because it is independent of the
Pres.
20. All admin agencies with the power to adjudicate have the power to cite
persons in contempt and enforce its decisions.
• It does not follow.
• There must be an express grant of authority before an admin agency
can cite a person in contempt.
• COMELEC can only cite persons in contempt only in the exercise of its
judicial power not admin power
21. The RTC disregarded the factual findings of an administrative agency
since the findings are not based on overwhelming evidence.
• While it could disregard, its reason is not proper. Only substantial
evidence is required except if the law provides otherwise.
• This is a recent case. Preponderance/overwhelming evidence not
required.
3rd Session
1. Administrative Law has bigger scope than election law and law on public
officers.
• Yes Admin Law is bigger in scope
2. Admin agencies belong to the fourth branch of government.
• No 4th branch of government but they are sometimes referred to that
because of the combination of their powers.
3. Admin agencies are created by law or by authority of law.
• They are either created by law – the Constitution, statute, or their
enabling law; or by authority of law such as the Corp. Code, charter
of water districts, etc.
• Admin agencies are classified as chartered – special law creates it; or
non-chartered – created pursuant to the Corp. Code.
4. The importance of whereas/perambulatory clauses of a charter is?
• It will describe to use the mandate on how to interpret provisions.
 MADZ ONG | ATTY. AGRA | POLI REVIEW | A 2018
• Whereas clauses cannot be the source of powers which must be
expressly given to admin agencies such as contempt, search and
seizure, subpoena, and enforcement power.
5. Conflicts in authorities and jurisdiction between and among administrative
agencies are resolved by…
• Not answered
6. The Province of Rizal is an administrative agency, a public office, and a
public corporation.
• It is an admin agency, a public office, and a public corp.
• It is an admin agency because of the combination of powers.
• It is a public office because it performs a sovereign function.
• All LGUS are corporations classified as municipal corporation proper.
7. The SEC belongs to this type of administrative agency.
• It belongs to 3 of the 6 types.
• Performs governmental functions, exercises police power and resolves
controversies.
8. The Sangguniang Bayan of Pateros declared illegal a barangay
ordinance imposing a fine higher than that allowed by the LGC. It also
directed the barangay to lower the fine to 800 pesos.
• Higher sanggunian can declare it illegal because that is part of
supervision.
• LGUs do not have control of their subordinate LGUs so they cannot
direct the lower LGU to lower the penalty. The higher sanggunian can
only declare it illegal, nothing else. Otherwise, it will amount to control
not supervision.
9. The Ombudsman placed a governor under preventive suspension even
before the latter files the answer.
• The issue is the finality of administrative action.
• This is an exception to the hearing requirement.
• GR: there must be notice and hearing.
o Except: abatement of a nuisance per se, placing a person
under preventive suspension by the ombudsman.
• For LGUs, you can only place a local official under preventive
suspension after joinder of issues (after answer) except if not filed
despite repeated demands.
10. The eligibility of a Presidential candidate was questioned before the PET
prior to his proclamation. The candidate said that he is amenable to the
venue.
• PET has no jurisdiction. He must be proclaimed before COMELEC is
divested of jurisdiction.
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• Parties cannot agree on venue. They cannot expand, restrict by
agreement the jurisdiction of an admin agency because it is
conferred by law.
11. The PCC cannot review draft agreements and pass judgments upon
them.
• Issue: ripeness
• PCC cannot rule on drafts
12. The SSS increased the premiums that will be paid by employees. The SSS
decision was not published. The courts cannot interfere with this decision.
• In a recent case raising premiums, SC said this is purely policy, It is a
sound business judgment and cannot be interfered with by the courts.
• It must be published because it is quasi-legislative, supplementary.
13. The COMELEC en banc cannot reverse findings of fact of the COMELEC
division and conduct a new trial.
• It can. It can conduct a trial de novo, reverse the findings
• The authority of the reviewing authority is plenary
14. COMELEC en banc issues a month before election day issues a resolution
pertaining to limits in media exposure. Without filing an MR, a media outfit
assails the resolution before the SC.
• Quasi-legislative therefore, no need to exhaust. You can go directly to
SC.
• Assuming that exhaustion is required, cite:
o Time element
o Freedom of speech
o Transcendental issue.
15. What if an MR was filed and was subsequently denied. It was elevated to
the SC. The petition for certiorari was opposed by the COMELEC on the
ground that the matter was already resolved by the COMELEC.
• Issue: rule on whether or not res judicata applies.
• This is only applied if there is a controversy – QJ
• This is quasi-legislative so the rule on res judicata does not apply.
• Courts cannot be deprived of its power of judicial review.
16. COMELEC en banc issues a resolution prescribing the requirements for
disqualification cases. The COMELEC division cancels a certificate of
candidacy, in both cases, the next step is to file a petition for certiorari.
• 1st - QL- go to SC directly
• 2nd – resolved by division so you must exhaust. File MR with the
Comelec en banc, unless you can show the SC that you can bypass
the Comelec en banc. This is very risky. This was only allowed in 2
cases previously.
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17. Under the LGC, enacted tax ordinances must be directly questioned
before the DOJ. The revenue code of Makati City which provides for a
socialized housing tax and garbage fee was questioned before the RTC.
• LGU: for tax, go to DOJ. 1.
• For garbage fee, not covered by LGU.
• Recent case: you can bypass DOJ if you can cite any of the 19
exceptions (such as question of law).
18. During the pendency of the disqualification case before the COMELEC en
banc, the respondent was not allowed to present his material witnesses, 2.
his motion was denied. He elevated the matter to the CA.
• It’s an interlocutory order. You don’t need to await the final decision
on the merits of the case and you can go directly to the SC, not the 3.
CA.
• Comelec decisions – never the CA. Always the SC en banc.
• Is there an election dispute which goes to the CA? Suffrage
(inclusion/exclusion): MTC – RTC – SC (pure questions of law) or CA
(mixed question of law and fact) 4.
19. Instead of filing a protest before a government agency to challenge a
biding in the local government, the protest was filed with the office of the
President.
• OP has control over admin agencies. You can dispense with following 5.
the protocol. But this is risky.
• You can talk about the alter ego – one of the exceptions on non-
exhaustion.
• Normally though, you follow the rules provided under the bid
documents. 6.
20. An anti-competitive merger was challenged before the courts rather than
with the PCC.
• This is about the rule on the defense of primary jurisdiction.
• GR: PCC (admin agency first) 7.
• Exception: presence of the 19
21. Determination of a career service officer of the Philippine Reclamation
Authority was questioned before the courts.
• Recent case – 2018. Laws passed by Congress:
• Exhaustion is required. File it with the CSC first before the courts. Guidepost: does it violate the constitution?
LOCAL GOVERNMENT
1st Session
In terms of juridical personality, Makati City is the same as the COMELEC
and Rockwell Land.
• COMELEC is not a corp
• COMELEC and Makati are both admin agencies
• Rockwell land is a corp. but private
Local autonomy today is the same as when I was in first year law school.
• Greater local autonomy under current const. “More accountable”
Local autonomy is about the delivery of basic services while fiscal
autonomy is about sources of revenue
• Local
• Fiscal autonomy is much more than sources of revenues
Local autonomy and fiscal autonomy are subject to executive supervision
and legislative control
• Powers of LGU can only be limited by a law.
• Congress’ control is limited by the Constitution.
Police power is a devolved power.
• It is not a devolved power. It is a delegated power because is
sourced from the state.
• Devolved powers come from national government agencies.
Local legislation is a constitutional power
• Yes. Article X of the Constitution mentions “sectoral representatives in
local legislative bodies.”
• By the reference to local legislative bodies, there is local legislation.
President Trump and Pres. Duterte agreed to work towards a shift to a
federal form of government
• Shift can only take place by revising the constitution. and cannot be
done through a bilateral agreement or through ordinary legislation.

8. Passing the Organic Act of the Autonomous Region of Bicolandia

• Invalid. Only 2 are enumerated under the Constitution. Such list is
fixed.

9. Classifies sitios as the 7th level of local government

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 MADZ ONG | ATTY. AGRA | POLI REVIEW | A 2018

• Invalid.
• Only 5 under constitution. To add a sitio, you need to revise the
Constitution.
10. Authorizing City Mayors to preside over the sessions of the Sangguniang
Panlungsod
• Congress has control over the structure and the powers of local
officials.
• Today, the vice governor presides but Congress can amend and give
that power to the city mayors.
11. Empowering the DILG to review ordinances of provinces
• Valid. But it cannot be don by the DILG on its own. Otherwise, it will
amount to control.
• Only 2 departments have the power to review ordinances at the
moment:
o DBM can review appropriations
o DOJ for tax ordinances
12. Providing for two vice governors for the ARMM today
• Valid. Provided that the amendment to the organic act must be
approved in a plebiscite.
13. Providing for two vice mayors for Makati City today
• If for Makati City, no plebiscite needs to be done.
• In Makati, the secretary to the Sanggunian is not appointed by the
vice mayor but in all other cities, it is the VM who appoints.
18. Providing a party-list system only for city councils
• Valid. The manner by which they are elected is under the control of
Congress.
19. Repealing the general welfare clause, eminent domain, and tax
provisions under the 1991 LGC.
• General welfare and eminent domain may be repealed because
that is a delegated power by statute.
• Power to tax cannot be repealed. It is a constitutional power. It can
be limited by Congress, but the limitation cannot violate local
autonomy.
20. Budgeting only 30% of the IRA and withholding the 10% and subjecting the
release thereof to the eradication of the drug menace.
• Invalid. The release must be automatic and no lien or encumbrance
can be imposed.
21. Prohibiting LGUs from contracting domestic and foreign loans.
• Foreign – Yes, this is the current law. This is a limitation provided by
Congress.
• Domestic – Yes if imposed by Congress. DILG cannot impose this
because it will amount to control.
2nd Session
Acts of the President or national agencies:

14. Recentralizing all hospitals back to the Department of Health 1. The DILG issued a memo circular requiring provincial ordinances to be
• Congress can centralize a decentralized act. reviewed by it
• Valid. Only secondary hospitals and below have been devolved. • No, without a law.
Congress has the power to give them back to DOH.
• Right now, a lot of hospitals were once upon a time devolved but 2. DOJ declares a tax ordinance excessive and confiscatory
now, given back to the DOH. • No, this is a question of fact.
• The power of DOJ is limited to violations of the law. Only questions of
15. Allocating 2% of BIR collections for LGUs law.
• Under Section V, it must be a just share. 2% is unjust.
3. The privatization council which is attached to the DOF issued a circular
16. Earmarking 2% of all business taxes for national projects requiring all LGUs, absent a law, all disposition of property to be approved
• Invalid. All local taxes are exclusive to LGUs. by the former
• No, it will amount to control.
17. Requiring provincial governors to be college graduates
• Yes. Congress has the power to provide the qualifications for local 4. The DBM rejected a provincial budget for not following a DBM circular
officials are not under the Constitution. which imposes a limit on the amount of local funds that can be used for
• Congress cannot do this for those whose qualifications are under the the construction of a provincial capital
Constitution. • No. No law. Control.
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5. Presidential executive order withholds 5% of IRA due to financial crisis
• President can lower it up to 30% for as long as the Pres. follows the
requirements under the LGC and the ground is an unmanageable
private sector deficit (government cannot repay its loans).
• Financial crisis is not a ground.
6. DBM rejects a provincial appropriations ordinance because it was passed
in just 1 day.
• DBM can declare the ordinance illegal but the ground is not valid.
• Ordinances can be enacted in 1 day.
7. DILG memo circular requires the conduct of public hearings prior to the
passage of all ordinances and it also requires the publication of all
ordinances
• DILG cannot if there is no law.
• Not all ordinances must go through public hearing (tax ordinances
must go through a public hearing).
• Not all ordinances must be published (e.g. ordinances which provide
for a penal provision must be published).
8. DILG suspends a city mayor
• Only the Pres. can suspend a city mayor. the DILG can suspend by
authority of the Pres. or the DILG can investigate. But only the courts
may remove.
• The DILG can be the investigating authority.
• Max penalty by the Pres. or supervising LGU is suspension.
• Pres. does not have direct supervision over barangays so he cannot
suspend a punong barangay. It is only the city or the municipal
councils that can suspend a punong barangay.
9. Cebu province declared illegal a Cebu city ordinance on socialized
housing tax.
• List of local taxation under LGC is not exclusive but inclusive.
• LGUs have residual powers over local taxation.
• For as long as that tax is not levied by any other entity, there is public
hearing, not excessive or confiscatory. Thus, legal.
• Socialized housing tax, as what is imposed by QC, is legal.
10. MMDA compelled a private subdivision to allow non-residents to use their
roads and fined for non-compliance.
• MMDA is not an LGU. It has neither police power nor legislative
powers. It can issue rules.
11. The province of Laguna declared a municipal expropriation ordinance
illegal for choosing the property of Mr. X and not the property of Mr. Y.
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• This amounts to control. Only the courts can declare it as arbitrary.
12. LLDA causes the demolition of fish pens along the Laguna Lake without
the consent of the lakeshore government authorities
• LLDA has the power. No need to get the consent of LGUs even if
LLDA’s charter is an earlier charter, because it is a special law.
13. Municipality declares illegal a barangay ordinance expropriating a land
intended to be used for a road which connects to the market
• What kind of market? If it’s a private market, no. If public, then yes.
14. Provincial council declares illegal a municipal curfew ordinance for minors
providing community service when the law proscribes penalties
• Community service is not a penalty and does not violate the clear
provision of the law which prohibits penalties.
15. Mayor rescinds a donation for a piece of land which now happens to be
the provincial capitol and the rescission is anchored on the fact that there
was no ordinance to authorization.
• Unilaterally, no.
• While prior ratification is required, a mayor who signs a contract can
later on get ratification from the council.
• Ratification can be done in 2 ways:
o Express: sanggunian issues a resolution ratifying the contract
o Implied: When there is no objection from the sanggunian OR
when the people already benefitted from the contract.
16. City issues a franchise for cable TV operation then later on denies the
business permit for it.
• NTC has power.
• Franchise – not devolved power. City cannot issue a franchise, thus, it
is void from the beginning. It does not create rights.
• For cable TV operators, they are subject to the National Building
Code, which is now devolved to cities. So they can deny a business
permit if the operator will violate the conditions of the business permit.
17. Mayor enters into a PPP for tax collection
• No. It cannot be left to the private sector.
18. Asserting its local autonomy, ARMM levies income tax
• No, income tax is levied by the national government.
• ARMM, despite enjoying higher local autonomy, it must follow the law.
19. Municipality bans the use of pesticides
• In a recent case, this power remains with the pesticides authority.
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• This is not a devolved power. Unlike cockfighting, which is now
devolved because the Philippine Gaming Commission has been
abolished. Despite the abolition, LGUs must still follow the cockfighting
law.
• LGUs cannot issue a franchise for more than 1 cockpit, because under
the cockfighting law, it only allows for 1.
20. A city issues driver’s licenses
• The powers of the LTO have not been devolved. LGUs cannot issue
driver’s licenses.
• Powers of LTFRB for tricycles have been devolved. For buses, jeepneys,
taxis, it remains to be within the power of the LTFRB. It is still centralized,
not yet devolved.
21. City council enacts an ordinance assessing fees from jueteng operators
• Jueteng is prohibited. LGUs cannot regulate what is prohibited.
Otherwise, LGUs will be amending a national law.
22. QC, through an ordinance, ordered the closure of all night clubs along
Quezon Boulevard
• It depends if it’s police power, no. Eminent domain, yes.
23. QC padlocks one night club
• Yes, for as long as there’s due process.
24. City declares a gas station a nuisance per se and orders the demolition of
that gas station
• A gas station is not a nuisance per se. LGU must apply before the
courts to declare it a nuisance per accidens.
25. City council imposes a curfew on minors but allows the minors to attend
religious activities during the prohibited period. This is the only exception.
• This is not allowed. Minors have other constitutional rights which must
be protected (e.g. school activities, extracurricular activities). It
cannot be limited by a curfew ordinance.
• This is the reason why the QC ordinance was declared valid while the
Manila ordinance was declared invalid.
26. Provincial council issues an expropriation resolution after the filing of the
case with the MTC
• It must be an expropriation ordinance.
• The expropriation instrument must precede the filing.
• The RTC has jurisdiction because it is incapable of pecuniary
estimation.
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27. City levies RPT on the airport and seaport of MIAA and Public Ports
Authority
• MIAA is exempted from tax because it is a GI. Airports are outside the
commerce of men.
• PPA is a GOCC but seaports are exempt because they are outside
the commerce of men.
• 2 ways by which a property can be exempted from local taxation:
o Check the nature of the entity: GI is exempt.
o Check the nature of the property: outside commerce of men
exempt.
28. Municipal council cites a person in contempt for disorderly behavior
• This must be expressly delegated. Their recourse is to go to court.
3rd Session
1. City council provides that an amendment to its zoning ordinance be
done by a 2/3 vote when the law requires only majority
• Yes. Principle of subsidiarity. Local governments will know best. If they
say that “all amendment to all ordinances must be done through 2/3
vote,” this is illegal because it will go against the general rule. Here, it is
only an exception to the general rule.
2. Mayor files a case on specific performance against a market operator
without sanggunian authorization
• Yes. The requirement for sanggunian authorization is only for
contracts.
3. Governor vetoes a waste-to-energy bill on the prospective that the
project will be harmful to the environment
• Yes. 2 grounds for veto: Question of law (ultra vires) or question of fact
– general welfare.
• For review of the higher council, only questions of law.
• But the governor can veto on that ground.
4. Mayor appoints the employees of the Sangguniang Bayan
• Depends where the appropriation is coming from. If it is coming from
his office, he has that mandate.
5. During the absence of the mayor who is undergoing stem cell treatment
in Germany, the Vice Mayor vetoes an ordinance and continue to preside
the sessions of the Sanggunian
• When the mayor is outside the country, regardless of the number of
days, the vice mayor is acting mayor.
• Since he is acting mayor, he can veto ordinances and he cannot
perform the functions of the vice mayor. The VM cannot preside.
 MADZ ONG | ATTY. AGRA | POLI REVIEW | A 2018
Usually the majority floor leader acts as VM or the councilors will
choose among themselves who will preside over the session for that
particular day.
6. Mayor moves for the dismissal of a sexual harassment case citing 2
grounds: his reelection and the offense is not connected to his office
• For a criminal case, the fact that it is not related to his office, is
irrelevant.
• For abuse of office, dereliction of duty, administrative cases, it must be
related. In this case, it need not.
7. Mayor who has served 3 full terms as municipal mayor, runs as city mayor.
The municipality became a city during his last term.
• While the personalities are distinct, for purpose of determining the
violation of the 3-term rule, it is continuous.
8. That same mayor was placed under preventive suspension for 30 days
during his last term.
• Not considered a break. Suspension, or preventive suspension, or any
voluntary renunciation, do not amount to a break.
• VM became mayor because the mayor died, it will not be considered
a term because he was not elected as mayor and it is not a term for
VM because he did not complete the term as vice mayor.
9. Mayor continues to pay the salary of a dismissed employee.
• Violation of anti-graft and corrupt practices act.
10. Municipal mayor vetoes a resolution while under preventive suspension.
• Resolutions are not subject to veto, except for 2:
o Public investment plan and
o local development plan.
• During preventive suspension, he cannot perform his functions.
11. That same mayor questions before the RTC his preventive suspension.
• There must be an MR filed with the DILG.
12. Together with other punong barangays, a punong barangay files a recall
petition against a mayor.
• Before, there were 2 ways to initate a recall:
o Preparatory recall assembly: all elective officials of the
barangay
o Popular petition
• They can file a recall petition (not considered as a preparatory recall
assembly) but there must be a number depending on the population.
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13. COMELEC declares that only voters of Novaliches are qualified to vote for
the creation of Novaliches City, separate from Quezon City.
• 2 requirements for a plebiscite: plurality of votes and those who will be
economically dislocated.
• Voters of QC will be affected.
14. COMELEC denies the petition of initiative for a resolution due to lack of
funds.
• Resolutions can also be the subject of initiative (SC ruling).
• Comelec cannot deny on the ground of lack of funds.
15. COMELEC rejects a recall petition filed last April.
• No. No recall election for 1st year and last year.
• Recall is allowed only on the 2nd year. But the prohibition only refers to
the election. The filing of the petition can be done during the 1st year.
16. OMB places a governor under preventive suspension without due process.
• Yes.
• For higher LGUs, there must be an answer as there must be joinder of
issues, unless, despite repeated demands, there is no answer.
• For ombudsman, joinder is not a requirement.
17. A private citizen complains that he should be paid by the city because
the city confiscated and killed his pigs due to foot and mouth disease.
• Valid exercise of police power because after they are killed, no one
will make use or benefit from the pigs.
• If somebody else will use the property after taking, you must pay just
compensation.
18. Private citizen files a petition for initiative to repeal the socialized housing
tax ordinance since there is no law allowing such levy.
• Law is not required. The power of taxation of local government units is
a residual power.
19. A private citizen files a declaratory relief at the first instance before the
RTC assailing the validity of an ordinance involving a garbage fee.
• Garbage tax, then DOJ.
• If fee, no need to exhaust and you can go directly to the courts.
• You can also bypass DOJ if it’s a question of law.
20. A private citizen questions the validity of a contract signed by a mayor
prior to council approval held in a session during the birthday party of the
vice mayor.
• It can be ratified. However, in this case, the approval happened in a
birthday party. Under the law, it must be in a regular or special session
by the Sanggunian.
 MADZ ONG | ATTY. AGRA | POLI REVIEW | A 2018

• For national candidates, the requirements under the Constitution are

21. The same private citizen files a petition for certiorari to declare such exclusive.
contract void. • Congress cannot provide for educational requirements for voters.. It
• GR: Declaratory relief to question an ordinance because it is not a would be a substantive requirement.
quasi-judicial power. • Qualifications for voters are exclusive. Congress can only provide for
• Wrong remedy in this case. procedural requirements.

22. A taxpayer, who belongs to a civil society organization, rejects a
proposed establishment of a waste-to-energy project within the city.
• The project can push through because what is required are:
o Prior consultation with the sectors, and
o A prior approval by the sanggunian.
• These requirements only apply to those which will be harmful to the
environment.
• For an MMDA dumpsite, activation of transmission lines, these
requirements are required.
• For a mooring facility, not required. It does not fall under the 7
categories under the LGC.
ELECTION LAW
1st Session
1. Congress creates a two-party system.
• Congress cannot provide for a two-party system because under the
Constitution, it must be an open/multi-party.
6. Congress provides for the appellate authority of COMELEC over the
exclusion cases filed before the municipal trial court
• Congress cannot provide for this because COMELEC has no
jurisdiction over the right of suffrage.
• It should be MTC – RTC – CA (mixed questions of law and fact) or SC
(questions of law)
7. Congress provides for a party-list system for all elective offices, whereby
like in South Africa, you vote for one party for all elective positions.
• Congress cannot do this because for national officials, there is a
formula under the Constitution.
• For local officials, Congress can do this because it has control over the
manner for local officials.
8. Congress provides for the party-list system to be confined to the
marginalized sectors.
• No.
• Under the deliberations of the ConCom, this proposal was rejected.
They wanted the party list system to be inclusive.

2. Congress can provide for a run-off election between the top 2
presidential candidates in order to obtain a majority vote.
• Congress cannot provide for a run-off election because the
Constitution does not provide for a majority both but a plurality vote.
3. Congress provides for the election of provincial officials and the
appointment of municipal officials.
• Congress can provide for this because it has control over the manner
by which local officials can be selected.
9. Congress provides a law requiring drug-testing for all candidates.
• Congress cannot do this for national candidates because it will
amount to an additional requirement.
• Even for local candidates because it can be argued that it is a
violation to one’s right to privacy.
10. Congress provides that the votes casted by public officers are counted
twice.
• Congress cannot do this because all our votes are equal.

4. Congress provides for a penalty for voters who do not vote, and for those 11. Congress provides that a vote for the VP is considered a vote for P.
who convince others not to vote. • Congress cannot do this because under the Constitution, they must
• Congress cannot provide for this because today, suffrage is a right be directly elected.
and not obligatory.
12. Congress provides that a vote for VM is a vote for M.
5. Congress provides for educational requirements for all candidates and • A vote for a vice mayor can be considered a vote for the mayor
voters. because Congress has control.
• Congress can provide for educational requirements only for local • In fact, today, a vote for the ARMM vice-governor is a vote for the
candidates. governor if the slot is blank.
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 MADZ ONG | ATTY. AGRA | POLI REVIEW | A 2018
13. Congress provides that plebiscite cases are cognizable by the courts.
• Congress cannot provide for this because any dispute is within the
EXCLUSIVE jurisdiction of the COMELEC.
14. President appoints an officer-in-charge as COMELEC Chair.
• The President cannot do this, whether temporary, interim, acting, but
within COMELEC, they can appoint an OIC.
15. President appoints you [Bainto] as COMELEC Commissioner.
• No because she does not meet the qualifications.
16. The president appoints the National Telecommunications Commissioner to
chair the committee on automated elections.
• It can be argued that this will violate the independence of COMELEC.
17. COMELEC Division dismisses a petition to disqualify a petition of a
presidential candidate for lack of jurisdiction.
• COMELEC Division cannot dismiss on this ground because regardless
of the position, the COMELEC has jurisdiction PRIOR to proclamation.
18. COMELEC En Banc cites a person in contempt during a hearing of failure
of election case.
• COMELEC En Banc cannot do this because a failure of election case
is administrative in nature and not judicial.
19. COMELEC issues a resolution delegating to COMELEC field officials the
reception of evidence over disqualification cases of local officials.
• COMELEC can do this because the actual adjudication is not
delegated.
• Fact-finding or reception of evidence can be delegated.
20. COMELEC issues a resolution instructing election registration boards to
deny application of voters who reside under bridges.
• COMELEC cannot do this because the Constitution only refers to
PHYSICAL residence not LEGAL residence.
• To impose this will amount to a substantive requirement.
21. To question such resolution a petition must first be filed to the COMELEC En
Banc.
• No because it is quasi-legislative in nature, therefore, the rule on
exhaustion will not apply.
22. COMELEC issues a resolution instructing BEI not to allow those who failed
to vote in the two preceding elections from voting
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• This is the rule because your name will be placed on the deactivated
list and the only way you can vote will be to apply for reactivation.
23. COMELEC requires the taking of biometrics in order to allow voters to vote.
• COMELEC can do this, as decided by the SC.
24. COMELEC dismisses a petition for initiative on the ground of lack of funds
• The SC has already ruled that this amounts to GADALEJ.
25. COMELEC En Banc assumes the role of Board of Canvassers of provincial
officers divesting the provincial board of canvassers of this responsibility.
• COMELEC can do this because it has control and supervision over the
Board of Canvassers except for Congress.
2nd Session
1. COMELEC Division hears an election protest against provincial positions
but dismisses election protests for municipal positions
• COMELEC can hear an election protest against provincial positions
because it is within its jurisdiction.
• COMELEC can dismiss an election protest for municipal positions
because the RTC has jurisdiction.
2. COMELEC En Banc takes cognizance of a case involving a petition to
annul a book of voters on the ground that the book contains statistically
improbable data and that there are non-residents whose application was
approved by the ERB.
• Statistically improbable date - This is allowed because it does not
touch on the qualification of the voters, it is only concerned with the
manner of the preparation of the Book.
• Non-residents - COMELEC cannot take cognizance of this because it
goes into the qualifications of the voters. Only the courts would have
jurisdiction.
3. COMELEC En Banc hears a disqualification case on the first instance on
the ground that the candidate was convicted of statutory rape.
• This is the case of Jalosjos
• You don’t need to go through the COMELEC Division because when
you talk about statutory rape, it carries with it the ancillary penalty of
disqualification and it becomes administrative in nature.
4. COMELEC grants a petition to disqualify a candidate since that
candidate is facing a murder case and violated the term rule.
• Regarding the violation of the 3-term rule, the appropriate action is
not a petition to disqualify but a petition to deny due course on the
ground of material misrepresentation.
 MADZ ONG | ATTY. AGRA | POLI REVIEW | A 2018
5. COMELEC cancels a certificate of candidacy on the ground that the
candidate stated that he is a lawyer when he is only a senior law student.
• This is not a material misrepresentation because it does not refer to
one’s qualifications.
6. COMELEC Division postpones an election in a municipality on the basis of
violence in a barangay during canvassing
• Only the COMELEC En Banc can postpone motu proprio or through a
verified petition and violence must have occurred DURING election
and not during the canvassing.
• Not all forms of violence would be sufficient. You must not be able to
have HOPE (Honest, Orderly, Peaceful Elections).
7. COMELEC Division declares a failure of elections in Marawi City due to
terrorism in 2 barangays
• Only COMELEC En Banc can declare a failure of election.
• There must be a verified petition.
• You must examine the extent of the terrorism – whether it would
MATERIALLY affect the outcome of the elections. It should change the
result.
8. COMELEC provides for manual elections for barangay officials.
• COMELEC can do this.
9. COMELEC issues a resolution providing for automated elections from
voting to proclamation.
• Voting to counting – Yes.
• Proclamation – No.
• The law only provides up to transmission
10. COMELEC issues a resolution that no pre-proclamation controversies,
issues of vote buying, and inconsistencies on transmission results and data
roc device
• Vote-buying – correct. This is not allowed under pre-proc cases
because you have to adduce evidence aliunde. In pre-proc, you
only confine yourselves to the document.
• Inconsistencies – This is actually provided for in a COMELEC resolution
but some people say that it is not right because there is no law which
prohibits that and in the Philippines, inconsistencies can happen.
11. COMELEC Division dismisses an election protest against a city mayor, on
the ground that an unverified petition filed by 4th placer said that he is
protesting the results of all precincts
• COMELEC Division has jurisdiction over a City Mayor.
• Petition must be verified.
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• Any losing candidate can file. But if President and municipal officials, it
must be the 2nd or 3rd placer who must protest; and the protestant
must not question the results at the precinct level but the
consolidation.
• “All precincts” allowed.
12. COMELEC Division dismisses an election protest on the ground that the
BOC reconvened without COMELEC directive
• The BOC cannot reconvene without COMELEC directive because
after proclamation, the BOC become functus officio and they can
only validly reconvene by authority of the COMELEC.
13. A person on the day he files his certificate of candidacy can campaign
• Under the Automated Election Law, a person only becomes a
candidate at the start of the campaign period.
• Upon filing, prior to the campaign period, there is no election offense.
14. A candidate can be imprisoned and barred from holding public office for
not filing a Statement of Contribution and Expenditures.
• Not answered.
15. Congressman X can continue to perform the functions of his office despite
the filing of a CoC for the position of a Senator.
• This can be done. Because of the express repeal of the Fair Elections
Act.
• Elective positions – not considered resigned.
• Appointive positions – considered resigned upon filing.
16. A foundling and who is a resident of a city for 1 year cannot run as a
mayor in that city since for that 1 year period, he was in the states for 30
days.
• A foundling can run for elective office.
• You don’t have to be in the place 24/7 for 365 days. You just have to
prove that there is no abandonment and there is intent to go back.
17. Dean Vannie can run for the position of President.
• Depends if he/she possesses all the qualifications and none of the
disqualifications.
18. Atty. Agra can be a party list nominee of the women sector
• You don’t have to be an organic member. You can be a synthetic
member, for as long as you espouse the advocacies of the org.
• You must be a member of the org and nominated by the org.
19. A candidate whose inclusion case has been denied with finality can be
substituted.
 MADZ ONG | ATTY. AGRA | POLI REVIEW | A 2018
• You can only be substituted if you are a legitimate candidate from
day 1.
• If your inclusion case was denied, you did not possess all the
qualifications and you cannot be substituted.
• From day 1, you were not a legitimate candidate.
• There is only 1 ground by which you can be substituted – commission
of an election offense.
20. A candidate who was found liable for violence and disqualified before
election day can be substituted.
• He can be substituted.
21. Assuming that candidate won and was disqualified with finality during his
term of office as governor, the second placer will take his place as
governor.
• The vice governor will replace him.
22. And this is the same rule for a mayoralty candidate who violated the term
rule.
• 2nd placer will replace him because he was never a candidate.
23. And this is the same rule for a candidate for a district representative.
• Same rule for district reps; there is no succession.
• If he was qualified from day 1, there is a vacancy.
• If there was an election offense, the 2nd placer will become the
member of Congress.
24. Incumbent mayor running for reelection gives out relief goods during the
campaign period with his name and picture.
• Mayor can give. His defense: it is an act of governance and not
campaigning.
• You have to prove intent.
25. Presidential candidate appeared on channel 2 for 130 minutes during the
campaign period, and on channel 7 for 100 minutes.
• 120 minutes/station is allowed.
• If part of news, not included in the computation.
3rd Session
1. An independent candidate for governor spend 2M pesos for his election,
the province has 390,000 voters.
• How do you account for the excess? The following are not included in
the cap:
o Lawyers
o Photocopying sample ballots
o Photocopying list of voters
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2. The President of Meralco donated to a senatorial candidate
• President can donate. What is prohibited is a donation coming from a
juridical entity.
3. A candidate files for a pre-proclamation case before the COMELEC
division on the basis that the BoC did not allow lawyers to be present
during the canvassing.
• There are 2 grounds: illegal composition/proceedings of BoC and
results.
• Results: file it first before the BoC
• BoC: file it with the BoC or with the COMELEC Division.
4. A voter files for inclusion on the ground of traffic. He was caught in traffic.
• Not a valid ground.
5. A voter cannot vote if challenged on the day of elections for vote selling.
• A voter can still vote for as long as he or she takes an oath before the
BEI.
6. A voter displays 10 2ft by 3ft posters and a 3x8ft streamer by his house
• Posters are allowed to be displayed in private places.
• Streamers are only allowed if there’s a rally. 5 days before and 24
hours after.
• Now, you must report all the expenses after every rally.
7. A voter questions the presence of a police officer inside the polling place.
• Exceptions: to vote or actual violence.
• Violence is imminent: stay outside the door.
8. A voter demands before the COMELEC division an ouster of the officials of
his political party.
• If it’s a leadership issue and it would have an effect on COMELEC’s
role to regulate parties, then COMELEC can take cognizance.
9. The Supreme Court issues the rules on election protest on municipal
officials.
• SC can because protests regarding municipal officials are within the
jurisdiction of the RTC.
• In fact, the rules now were issued by the SC.
10. The SC entertained a petition for certiorari over a case decided by the
COMELEC Division.
• SC can entertain so long as any of the 19 grounds for non-exhaustion
are present.
 MADZ ONG | ATTY. AGRA | POLI REVIEW | A 2018

11. The SC reverses a decision of the SET where the latter ousted the • You can have a seat even without obtaining the 2% for as long as the
incumbent Senator. number of seats allowed (20%) has not been exhausted.
• SC can because findings of admin agencies are not conclusive upon
the Court.

12. The HRET hears an election protest against a representative during the
pendency of a DQ case and while that case is pending before the
COMELEC
• Jurisdiction of HRET begin upon taking an oath and entering into
office.

13. An annulment of proclamation and an election protest can be filed at the

same time.
• Annulment of proclamation questions the proclamation while an
election protest admits the validity of the proclamation.
• One will be archived. Election protest will be archived pending the
outcome of the annulment of proclamation.
• You can only file your election protest within the remaining days. If
you filed annulment on the 7th day, you only have 3 days to file your
election protest case.

14. The ERB denies an application since the applicant is not yet a resident of
that place where he intends to vote, on the date of the application.
• Right to vote is reckoned on the day of election.
• You have the right to register even if you don’t possess all the
qualifications at the time of registration.

15. The ERB cancels the voting record of a voter on the ground that that voter
failed to vote in the 2 preceding elections.
• ERB cannot cancel because it is only done when the voter is dead.
• Deactivation only.

16. The ALS displays a 20x30ft streamer which says “Don’t vote for human
rights violators” during the campaign period.
• Not an election propaganda. You don’t have to follow the
dimensions.

17. A foreign organization funded the conduct of voters education

• Foreign organizations and foreigners cannot participate in
CAMPAIGNING.
• Campaigning: promoting the victory or defeat of a candidate.
• In this case, voter’s education is not campaigning.

18. A party list organization demands that it is entitled to a seat even if it fails
to reach the 2% requirement for each seat.

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