Beda Notes_admin_ELect.doc

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ADMINISTRATIVE LAW- Branch of public law that fixes the

organization of the government anddetermines competence of authorities

who execute the law and indicates tothe individual remedies for the violationsof his rights.

I. ADMINISTRATIVE BODIES OR AGENCIES

- A body, other than the courts andthe legislature, endowed with quasi-legislative and quasi-judicial powers forthe purpose of enabling it to carry outlaws entrusted to it for enforcement orexecution.

How Created:1. by constitutional provision;2. by legislative enactment; and3. by authority of law.

II. POWERS OF ADMINISTRATIVEBODIES:1.Quasi-legislative or rule-making

power;2.Quasi-judicial or adjudicatory power;

and3.Determinative powers.

A. QUASI-LEGISLATIVE OR RULE-MAKING POWER

∗ In exercise of delegated legislative

power, involving no discretion as towhat law shall be, but merelyauthority to fix details in executionor enforcement of a policy set out inlaw itself.

Kinds:1. Legislative regulation

a. Supplementary or detailedlegislation, e.g. Rules andRegulations Implementingthe Labor Code;

b. Contingent regulation2. Interpretative legislation, e.g.

BIR Circulars

Requisites for valid exercise:1. Issued under authority of law;

2. Within the scope and purview of thelaw;

3. Promulgated in accordance with theprescribed procedure:a. notice and hearing – generally,

not required; only when:

i. the legislature itself requiresit and mandates that theregulation shall be based oncertain facts as determinedat an appropriateinvestigation;

ii. the regulation is asettlement of a controversybetween specific parties;considered as anadministrative adjudication(Cruz, Philippine

Administrative Law , p.42 -

43); oriii. the administrative rule is in

the nature of subordinatelegislation designed toimplement a law byproviding its details (CIR v.Court of Appeals, 261 SCRA236).

b. publication 4. Reasonable

Requisites for Validity of Administrative Rules With Penal

Sanctions:1. law itself must declare as punishable

the violation of administrative ruleor regulation;

2. law should define or fix penaltytherefor; and

3. rule/regulation must be published.

Doctrine of Subordinate Legislation –power of administrative agency topromulgate rules and regulations onmatters of their own specialization.

Doctrine of Legislative Approval by Re-enactment - the rules and regulationspromulgated by the properadministrative agency implementing thelaw are deemed confirmed and approvedby the Legislature when said law was re-enacted by later legislation or throughcodification. The Legislature is presumedto have full knowledge of the contentsof the regulations then at the time of re-enactment.



QUASI-LEGISLATIVEFUNCTIONS

QUASI-JUDICIAL

FUNCTIONS

1. consists of issuance of rulesand regulations

1. refers to its endproduct calledorder, rewardor decision

2. generalapplicability

2. applies to aspecificsituation

3. prospective; itenvisages thepromulgation of a rule orregulation

generallyapplicable in thefuture

3. presentdeterminationof rights,privileges orduties as of

previous orpresent time oroccurrence

B. QUASI-JUDICIAL OR ADJUDICATORYPOWER

• Proceedings partake of nature of

judicial proceedings.Administrative body grantedauthority to promulgate its ownrules of procedure.

Two necessary conditions:1. due process; and2. jurisdiction

Includes the following powers:1. Prescribe rules of procedure2. Subpoena power3. Contempt Power

Administrative Due Process:1. right to a hearing;2. tribunal must consider evidence

presented;3. decision must have something to

support itself;4. evidence must be substantial;

5. decision must be based on evidenceadduced at hearing or at leastcontained in the record anddisclosed to parties;

6. board of judges must act on itsindependent consideration of factsand law of the case, and not simplyaccept view of subordinate inarriving at a decision; and

7. decision must be rendered in such amanner that parties to controversycan know various issues involved andreason for decision rendered.( Ang

Tibay vs CIR, 69 Phil 635)

Substantial Evidence – relevantevidence as a reasonable mind mightaccept as adequate to support aconclusion.

Administrative Determinations WhereNotice and Hearing Not Necessary:1. summary proceedings of distraint

and levy upon property of delinquenttaxpayer;

2. grant of provisional authority for

increase of rates, or to engage inparticular line of business;

3. cancellation of passport where noabuse of discretion is committed;

4. summary abatement of nuisance perse which affects safety of persons orproperty;

5. preventive suspension of officer oremployee pending investigation; and

6. grant or revocation of licenses forpermits to operate certainbusinesses affecting public order ormorals.

Administrative Appeal or Review1. Where provided by law, appeal from

administrative determination may bemade to higher or superioradministrative officer or body.

2. By virtue of power of control of President, President himself orthrough Department Head mayaffirm, modify, alter, or reverseadministrative decision of subordinate.

3. Appellate administrative agency mayconduct additional hearing inappealed case, if deemed necessary.

Res judicata effect of AdministritveDecisions- has the force and binding effect of afinal judgment (note: applies only tojudicial and quasi judicial proceedingsnot to exercise of administrativefunctions, Brillantes vs. Castro 99 Phil.497)

C. DETERMINATIVE POWERS



1. enabling – permit the doing of an actwhich the law undertakes toregulate;

2. directing – order the doing or

performance of particular acts toensure compliance with the law andare often exercised for correctivepurposes

3. dispensing – to relax the generaloperation of a law or to exempt fromgeneral prohibition, or relieve anindividual or a corporation from anaffirmative duty;

4. examining - also called investigatorypower;

5. summary – power to applycompulsion or force against persons

or property to effectuate a legalpurpose without judicial warrants toauthorize such actions.

III. EXHAUSTION OFADMINISTRATIVE REMEDIES

• Whenever there is an available

administrative remedy providedby law, no judicial recourse canbe made until all such remedieshave been availed of andexhausted.

1. Doctrine of Prior Resort or

(Doctrine of Primary AdministrativeJurisdiction) – where there iscompetence or jurisdiction vestedupon administrative body to actupon a matter, no resort to courtsmay be made before suchadministrative body shall have actedupon the matter.

1. Doctrine of Finality of Administrative Action – no resort tocourts will be allowed unlessadministrative action has beencompleted and there is nothing leftto be done in administrativestructure.

2. Judicial Relief from ThreatenedAdministrative Action – courts willnot render a decree in advance of administrative action and therebyrender such action nugatory. It is notfor the court to stop anadministrative officer fromperforming his statutory duty forfear he will perform it wrongly.

Effect of Failure to ExhaustAdministrative Remedies: as a generalrule, jurisdiction of the court is notaffected but the complaint is vulnerable

to dismissal due to lack of cause of action.Exceptions to the Doctrine:1. doctrine of qualified political agency

(when the respondent is adepartment secretary whose acts asan alter ego of the President bearsthe implied and assumed approval of the latter); except where lawexpressly provides exhaustion;

2. administrative remedy is fruitless;3. where there is estoppel on part of

administrative agency;

4. issue involved is purely legal;5. administrative action is patently

illegal, amounting to lack or excessof jurisdiction;

6. where there is unreasonable delay orofficial inaction;

7. where there is irreparable injury orthreat thereof, unless judicialrecourse is immediately made;

8. in land case, subject matter isprivate land;

9. where law does not make exhaustiona condition precedent to judicial

recourse;10. where observance of the doctrine

will result in nullification of claim;11. where there are special reasons or

circumstances demanding immediatecourt action; and

12. when due process of law is clearlyviolated.

IV. JUDICIAL REVIEW OFADMINISTRATIVE DECISIONS

When made:1. to determine constitutionality or

validity of any treaty, law,ordinance, executive order, orregulation;

2. to determine jurisdiction of anyadministrative board, commissionor officer;

3. to determine any other questionsof law; and

4. to determine questions of factswhen necessary to determineeither:a. constitutional or jurisdictional

issue;



b. commission of abuse of authority; and

c. when administrative factfinding body is unduly

restricted by an error of law.

Modes of review:1. Statutory;2. Non-statutory – inherent power of

the court to review suchproceedings upon questions of jurisdiction and questions of law;

3. Direct proceeding;4. Collateral attack.

General Rule: Findings of facts of Administrative Agencies accorded great

weight by the Courts.Exceptions to the Rule:

1. factual findings not supported byevidence;

2. findings are vitiated by fraud,imposition or collusion;

3. procedure which led to factualfindings is irregular;

4. palpable errors are committed; and5. grave abuse of discretion,

arbitrariness or capriciousness ismanifest.

• Brandeis Doctrine of

Assimilation of Facts – onepurports to be finding of fact butis so involved with anddependent upon a question of latter,courts will review the

entire case including the latter.law as to be in substance andeffect a decision on the .





San Beda College of Law6

MEMORY AID IN POLITICAL LAW

3. Under color of a known electionor appointment, void because:a. the officer was not eligible;

b. there was a want of power inthe electing or appointingbody;

c. there was a defect orirregularity in its exercise;such ineligibility, want of power, or defect beingunknown to the public.

4. Under color of an election or anappointment by or pursuant to apublic, unconstitutional law,before the same is adjudged tobe such.

Note: Here, what is unconstitutional isnot the act creating the office, but theact by which the officer is appointed toan office legally existing. (Norton v.County of Shelby)

Requisites:1. valid existing office;2. actual physical possession of said

office;3. color of title to office;4. by reputation or acquiescence;

5. known or valid appointment orelection but officer failed toconform with legal requirements;

6. known appointment or election butvoid because of ineligibility of officer or want of authority of appointing or electing authority orirregularity in appointment orelection not known to public; and

7. known appointment or electionpursuant to unconstitutional lawbefore declaration of unconstitutionality.

DE JUREOFFICER

DE FACTOOFFICER

1. rests on theright

1. on reputation

2. has lawful ortitle to theoffice

2. has possessionand performs theduties undercolor of rightwithout beingtechnically

qualified in all

points of law toact

3. cannot beremoved in adirectproceeding

3. may be ousted ina directproceedingagainst him.

DE FACTOOFFICER

INTRUDER

1. officer underany of the 4circumstancesmentioned

1. one who takespossession of anoffice andundertakes toact officiallywithout any

authority, eitheractual orapparent

2. has color of right or title tooffice

2. has neitherlawful title norcolor of right ortitle to office

3. acts are valid asto the publicuntil such time

as his title tothe office isadjudgedinsufficient

3. acts areabsolutely voidand can be

impeached inany proceedingat any timeunless and untilhe continues toact for so long atime as to afforda presumption of his right to act

4. entitled tocompensationfor servicesrendered

4. not entitled tocompensation

Legal Effects of Acts- valid insofar as they affect the

publicEntitlement to SalariesGeneral Rule: rightful incumbent may

recover from de facto officer salaryreceived by latter during time of wrongful tenure even though latteris in good faith and under color of title.(Monroy v. CA, 20 SCRA 620)

Exception: when there is no de jure

public officer, de facto officerPOLITICAL LAW COMMITTEE CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff





entitled to salaries for period whenhe actually discharged functions.(Civil Liberties Union v. Exec. Sec.,194 SCRA 317)

Challenge to a De Facto Officer: must bein a direct proceeding where the titlewill be the principal issue

IV. COMMENCEMENT OF OFFICIALRELATIONS:

1. by appointment; or2. by election

Appointment – selection, by authorityvested with power, of individual who isto perform functions of a given office.

− Essentially a discretionary power

and must be performed by theofficer in which it is vestedaccording to his best lights, theonly condition being that theappointee should possess theminimum qualificationrequirements prescribed by lawfor the position (Nachura,Reviewer in Political Law , p.305)

Commission – written evidence of appointment.

Designation – imposition of additional duties, usually by law, ona person already in public office.

Classification of Appointments:1. Permanent – extended to person

possessing requisitequalification for the position andthus enjoys security of tenure;

2. Temporary – actingappointment, given to a non-civil

service eligible is without adefinite tenure and is dependentupon the pleasure of theappointing power;

3. Provisional- is one which maybe issued upon priorauthorization of theCommissioner of Civil service inaccordance with the provisionsof the Civil Service Law and therule and standards to a personwho has no t qualified in anappropriate examination but

who otherwise meets the

requirements for appointment toa regular position in thecompetitive service, whenever avacancy occurs and the filling

thereof is necessary in theinterest of the service and thereis no appropriate register of those who are eligible at thetime of appointment;

4. Regular – made by Presidentwhile Congress is in session andbecomes effective afternomination is confirmed by theCommission on Appointmentsand continues until the end of term; and

5. Ad-interim –

a. Recess -- made whileCongress is not in session,before confirmation, isimmediately effective, andceases to be valid if disapproved or bypassed byCA upon next adjournmentof Congress;

b. Midnight – made by thePresident before his termexpires, whether or not thisis confirmed by theCommission on

Appointments.

Regularappointment

Ad interimappointment

Made during thelegislativesession

Made during therecess

Made only afterthe nominationis confirmed bythe Commissionon Appointments

(CA)

Made beforesuchconfirmation

Once confirmedby the CAcontinues until the end of theterm of theappointee

Shall cease to bevalid if disapproved bythe CA or uponthe nextadjournment

Nepotism – all appointments in thenational, provincial, city andmunicipal governments or in anybranch or instrumentality thereof,including GOCC, made in favor of arelative of the (1) appointing or (2)

POLITICAL LAW COMMITTEE CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff





recommending authority or of the(3) chief of the bureau or office or of the (4) persons exercising immediatesupervision over him. A relative is

one within the 3rd

degree either of consanguinity or affinity

Vacancy – when an office is emptyand without a legally qualifiedincumbent appointed or elected to itwith a lawful right to exercise itspowers and performs its duties.

Classifications of vacancy:1. original – when an office is

created and no one has beenappointed to fill it;

2. constructive – when theincumbent has no legal rightor claim to continue in officeand can be legally replacedby another functionary;

3. accidental – when theincumbent having died,resigned, or been removed;

4. absolute – when the term of an incumbent having expiredand the latter not havingheld over, no successor is inbeing who is legally qualified

to assume the office.

V. POWERS AND DUTIES OF APUBLIC OFFICER:

1. Ministerial – discharge is imperativeand requires neither judgment nordiscretion, mandamus will lie; and

2. Discretionary – imposed by lawwherein officer has right to decidehow and when duty shall beperformed, mandamus will not lie.

II. LIABILITY OF PUBLIC OFFICER

General Rule: not liable for injuriessustained by another as a consequenceof official acts done within the scope of his authority, except as otherwiseprovided by law.

− A Public Officer shall not be civilly

liable for acts done in theperformance of his duties

Exceptions:

1. statutory liability under the CivilCode (Arts. 27, 32 and 34);

2. When there is a clear showing of badfaith, malice or negligence

(Administrative Code of 1987);3. liability on contracts; and4. liability on tort .

Threefold Liability Rule – wrongfulacts or omissions of public officersmay give rise to civil, criminal, andadministrative liability. (CACliability rule)

Liability of Ministerial Officers:1. Nonfeasance – neglect or refusal to

perform an act which is officer’s

legal obligation to perform;2. Misfeasance – failure to use that

degree of care, skill and diligencerequired in the performance of official duty; and

3. Malfeasance – doing, throughignorance, inattention or malice, of an act which he had no legal right toperform.

Doctrine of Command Responsibility

− A superior officer is liable for acts of

a subordinate when: (ERCAL)1. he negligently or willfully employs or

retains unfit or incompetentsubordinates;

2. he negligently or willfully fails torequire subordinate to conform toprescribed regulations;

3. he negligently or carelessly overseesbusiness of office as to furnishsubordinate an opportunity fordefault;

4. he directed or authorized orcooperated in the wrong; or

5. law expressly makes him liable.

− Under the Revised Admin. Code of

1987, A Superior Officer shall beliable for acts of subordinate officersonly if he has actually authorized bewritten order the specific act ormisconduct complained.

− Subordinate officers are also liable

for willful or negligent acts even if he acted under orders if such actsare contrary to law, morals, publicpolicy and good customs






Preventive Suspension- a precautionary measure so

that an employee who is formally

charged of an offense may be separatedfrom the scene of his allegedmisfeasance while the same is beinginvestigated (Bautista v. Peralta, 18SCRA 223)

- need not be preceded by priornotice and hearing since it is not apenalty but only a preliminary step in anadministrative investigation (Lastimosav. Vasquez , 243 SCRA 497)

- the period of preventive suspension

cannot be deducted from whateverpenalty may be imposed upon the erringofficer (CSC Resolution No. 90-1066)

PENDINGINVESTIGATION

[Sec.51, E.O.292]

PENDINGAPPEAL

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

1. not a penaltybut only a meansof enabling the

disciplinaryauthority toconduct anunhamperedinvestigation.

1. Punitive incharacter

2. no compensationdue for theperiod of suspension evenif found innocentof the charges.

2. If exonerated,he should bereinstated withfull pay for theperiod of suspension.

Rules on Preventive Suspension:

1. Appointive OfficialsNot a Presidential Appointee (Secs. 41-

42, P.D. 807):a. by whom – the proper

disciplining authority maypreventively suspend;

b. against whom – any subordinateofficer or employee under suchauthority;

c. when – pending an investigation;

d. grounds – if the charge againstsuch officer or employeeinvolves:i. dishonesty;

ii. oppression or gravemisconduct;iii. neglect in the performance

of duty; oriv. if there are reasons to

believe that respondent isguilty of the charges whichwould warrant his removalfrom the service

e. duration – the administrativeinvestigation must be terminatedwithin 90 days; otherwise, therespondent shall be

automatically reinstated unlessthe delay in the disposition of the case is due to the fault,negligence or petition of therespondent, in which case theperiod of delay shall not becounted in computing the periodof suspension.

A Presidential Appointee:a. can only be investigated and

removed from office after duenotice and hearing by the

President of the Philippinesunder the principle that “thepower to remove is inherent inthe power to appoint” as can beimplied from Sec. 5, R.A.2260(Villaluz v. Zaldivar , 15 SCRA710).

b. the Presidential Commission Against Graft and Corruption(PCAGC) shall have the power toinvestigate administrativecomplaints against presidentialappointees in the executivedepartment of the government,including GOCCs charged withgraft and corruption involvingone or a combination of thefollowing criteria:i. presidential appointees with

the rank equivalent to orhigher than an AssistantRegional Director;

ii. amount involved is at leastP10M;






iii. those which threatengrievous harm or injury tothe national interest; and

iv. those which may be assigned

to it by the President (E.O.No. 151 and 151-A).

2. Elective Officials: (Sec 63, R.A.7160 )

a. by whom – against whomi. President – elective official

of a province, a highlyurbanized or an independentcomponent city;

ii. Governor – elective officialof a component city ormunicipality;

iii. Mayor – elective official of a

barangayb. when – at any time after the

issues are joined;c. grounds:

i. reasonable ground to believethat the respondent hascommitted the act or actscomplained of;

ii. evidence of culpability isstrong;

iii. gravity of the offense sowarrants;

iv. continuance in office of the

respondent could influencethe witnesses or pose athreat to the safety andintegrity of the records andother evidence

d. duration:i. single administrative case –

not to extend beyond 60days;

ii. several administrative cases– not more than 90 dayswithin a single year on thesame ground or groundsexisting and known at thetime of the first suspension

- Section 24 of the OmbudsmanAct (R.A. 6770) expressly providethat “the preventive suspensionshall continue until the case isterminated by the Office of theOmbudsman but not more than 6months without pay.” Thepreventive suspension for 6months without pay is thusaccording to law (Lastimosa v.

Vasquez , 243 SCRA 497)

- R.A. 3019 makes it mandatory forthe Sandiganbayan to suspend, fora maximum period of 90 daysunless the case is decided within a

shorter period, any public officeragainst whom a valid informationis filed charging violation of:

1. R.A. 3019;2. Book II, Title 7, Revised Penal

Code; or3. offense involving fraud upon

government or public funds orproperty (Cruz, The Law of Public Officers, pp. 86-87)

VII. RIGHTS OF PUBLIC OFFICERS:

1. Right to Office – just and legal claimto exercise powers andresponsibilities of the publicoffice.

− Term – period during which

officer may claim to holdoffice as a right.

− Tenure – period during which

officer actually holds office.

2. Right to Salary Basis: legal title to office and

the fact the law attachescompensation to the office.Salary – compensation provided

to be paid to public officerfor his services.

Preventive Suspension – publicofficer not entitled during theperiod of preventive suspension,but upon exoneration andreinstatement he must be paidfull salaries and emolumentsduring such period.

Back salaries are also payable toan officer illegally dismissed orotherwise unjustly deprived of his office the right to recoveraccruing from the date of deprivation. The claim for backsalaries must be coupled with aclaim for reinstatement andsubject to the prescriptiveperiod of one (1) year. (Cruz,Law on Public Officers, p126-126)






Forms of Compensation:a. salary – personal

compensation to be paid topublic officer for his services

and it is generally a fixedannual or periodical paymentdepending on the time andnot on the amount of theservice he may render;

b. per diem – allowance fordays actually spent in theperformance of officialduties;

c. honorarium – somethinggiven as not as a matter of obligation, but inappreciation for services

rendered;d. fee – payment for services

rendered or on commissionon moneys officially passingthrough their hands; and

e. emoluments – profits arisingfrom the office, received ascompensation for services orwhich is annexed to theoffice as salary, fees, orperquisites.

3. Right to Preference in Promotion

Promotion – movement from oneposition to another with increasein duties and responsibilities asauthorized by law and usuallyaccompanied by an increase inpay.

Next-in-Rank Rule – the personnext in rank shall be givenpreference in promotion when theposition immediately above his isvacated. But the appointingauthority still exercises hisdiscretion and is not bound bythis rule.

− Appointing officer is only

required to give specialreasons for not appointingofficer next in rank if he fillsvacancy by promotion indisregard of the next in rankrule. (Pineda vs. Claudio, 28SCRA 34)

Automatic Reversion Rule – all

appointments involved in chain of

promotions must be submittedsimultaneously for approval bythe Commission, the disapprovalof the appointment of a person

proposed to a higher positioninvalidates the promotion of those in the lower positions andautomatically restores them totheir former positions.

4. Right to vacation leave and sickleave with pay;

5. Right to maternity leave;

6. Right to pension and gratuity;Pension – regular allowance paid

to an individual or a group of individuals by the government inconsideration of servicesrendered or in recognition of merit, civil or military.Gratuity – a donation and an actof pure liberality on the part of the State.

7. Right to retirement pay;

8. Right to reimbursement for expenses incurred in performance of

duty;

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

10. Right to longevity pay.

11. Right to Self-OrganizationArt III, Sec 8 1987Consti. Note: Civilservants are now given the right to self organize but they may not stage strikes(see: SSS Employees Assoc. vs. CA, 175SCRA 686)

VIII. MODES OF TERMINATIONOFFICIAL RELATIONSHIP:

(TR3A3P DIFC2IT)1. expiration of term or tenure;2. reaching the age limit;3. resignation;4. recall;5. removal;6. abandonment;

7. acceptance of incompatible office;POLITICAL LAW COMMITTEE CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff





8. abolition of office;9. prescription of right to office (within

one year after the cause of ouster orthe right to hold such office or

position arose);10. impeachment;11. death;12. f ailure to assume elective office

within 6 months from proclamation;13. conviction of a crime; and14. filing of certificate of candidacy.

− When public officer holds office at

pleasure of appointing power, hisreplacement amounts to expirationof his term, not removal.(Alajar vs

Alba, 100 Phil 683)

Principle of Hold-Over – if no express orimplied Constitutional or statutoryprovision to the contrary, public officeris entitled to hold office until successorhas been chosen and shall havequalified.

Purpose: to prevent hiatus in publicoffice. (But subject to Art. 237 of RPC)

Retirement:

−Members of Judiciary : 70 years of age

− Other government officers and

employees : 65 years of age

− Optional retirement age: after

rendition of minimum number of years of service.

Accepting Authority for Resignation:1. to competent authority provided by

law;2. If law is silent and public officer is

appointed, tender to appointingofficer;

3. If law is silent and public officer iselected, tender to officer authorizedby law to call election to fillvacancy:a. President and Vice-President -

Congressb. Members of Congress -

respective Chamberse. Governors, Vice Governors,

Mayors and Vice Mayors of HUC’sand independent component

cities - President.

f. Municipal Mayors and ViceMayors/City Mayors and ViceMayors of component cities -Provincial Governor;

g. Sanggunian Members –Sanggunian concerned; and

h. Elective Barangay Officials –Municipal or City Mayors

Recall - termination of officialrelationship for loss of confidenceprior to expiration of his termthrough the will of the people.

Limitations on Recall:1. any elective official may be subject

of a recall election only once during

his term of office for loss of confidence; and

2. no recall shall take place within oneyear from date of the official’sassumption to office or one yearimmediately preceding a regularlocal election.

Procedure for Recall (Secs. 70-72, R.A.7160)1. Initiation of the Recall Process:

a. by a Preparatory Recall Assembly (PRA) composed of:

i. Provincial – mayors, vicemayors and sanggunian (sg)members of themunicipalities andcomponent cities;

ii. City – punong barangay and(sg) barangay members;

iii. Legislative District:iiia. SG Panlalawigan –

municipal officials inthe district;

iiib. SG Panglunsod –barangay officials inthe district;

iv. Municipal - punong barangay and (sg) barangay members;

− majority of the PRA

members shall convene insession in a public place;

− recall of the officials

concerned shall be validlyinitiated through a resolutionadopted by a majority of allthe PRA members concerned






b. by the Registered Voters (RV) inthe province, city, municipalityor barangay (LGU) concerned -at least 25% of the total number

of RV in the LGU concernedduring the election in which thelocal official sought to berecalled was elected;i. written petition filed with

the COMELEC in thepresence of therepresentative of thepetitioner and arepresentative of the officialsought to be recalled, and ina public place of the LGU;

ii. COMELEC shall cause the

publication of the petition ina public and conspicuousplace for a period of not lessthan 10 days nor more than20 days

iii. upon lapse of the saidperiod, COMELEC shallannounce the acceptance of candidates and shall preparethe list of candidates whichshall include the name of theofficial sought to be recalled

3. Election on Recall – COMELEC shallset the date of the election onrecall:

a. for barangay, city or municipalofficials – not later than 30 daysafter the filing of the resolutionor petition;

b. for provincial officials - not laterthan 45 days after the filing of the resolution or petition;

4. Effectivity of Recall – only upon theelection and proclamation of asuccessor in the person of thecandidate receiving the highestnumber of votes cast during theelection on recall.

− Should the official sought to berecalled receive the highestnumber of votes, confidence inhim is thereby affirmed, and heshall continue in office.

ELECTION LAWPOLITICAL LAW COMMITTEE CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff





I.SUFFRAGE - right to vote in election of

officers chosen by people and inthe determination of questionssubmitted to people. It includes:1. election;2. plebiscite;3. initiative; and4. referendum.

Election – means by which peoplechoose their officials for a definiteand fixed period and to whom theyentrust for time being the exerciseof powers of government.

Kinds:1. Regular election – one provided

by law for election of officerseither nationwide or in certainsubdivisions thereof, afterexpiration of full term of formermembers; and

2. Special election – one held to fillvacancy in office beforeexpiration of full term for whichincumbent was elected.

Failure of Elections – there are

only 3 instances where a failure of elections may be declared, namely:

a. The election in any pollingplace has not been held onthe date fixed on account of

force majeure, violence,terrorism, fraud, or otheranalogous causes;

b. The election in any pollingplace had been suspendedbefore the hour fixed by lawfor the closing of the votingon account of forcemajeure, violence,terrorism, fraud, or otheranalogous causes; and

c. After the voting and duringthe preparation andtransmission of the electionreturns or in the custody orcanvass thereof suchelection results in a failureto elect on account of forcemajeure, violence,terrorism, fraud or other

analogous causes. ( Joseph

Peter Sison v. COMELEC,G.R. No. 134096, March 3,

1999)

• What is common in these

three instances is theresulting failure to elect. Inthe first instance, noelection is held while in thesecond, the election issuspended. In the thirdinstance, circumstancesattending the preparation,transmission, custody orcanvass of the election

returns cause a failure toelect. The term failure toelect means nobody emergedas a winner. (Pasandalan vs.Comelec, G.R. No. 150312,

July 18, 2002)

• The causes for the

declaration of a failure of election may occur before orafter the casting of votes oron the day of the election.(Sec. 4, R.A. 7166)

• The COMELEC shall call for

the holding or continuationof the election on a datereasonably close to the dateof the election not held,suspended, or which resultedin a failure to elect but notlater than 30 days after thecessation of the cause of such suspension or failure toelect. (Sec. 6, B.P. 881)

• In such election, the location

of polling places shall be the

same as that of thepreceding regular election.However, changes may beinitiated by written petitionof the majority of the votersof the precinct or agreementof all the political parties orby resolution of the Comelecafter notice and hearing.(Cawasa vs. Comelec, G.R.No. 150469, July 3, 2002)






Postponement of Elections - Anelection may be postponed by theCOMELEC either motu proprio or upona verified petition by any interested

party when there is violence,terrorism, loss or destruction of election paraphernalia or records,

force majeure, or other analogouscause of such a nature that theholding of a free, orderly and honestelection becomes impossible in anypolitical subdivision. (Sec. 5, B.P.881)

• The COMELEC shall call for the

holding of the election on a datereasonably close to the date of

the election not held,suspended, or which resulted ina failure to elect but not laterthan 30 days after the cessationof the cause for suchpostponement or suspension of the election or failure to elect.(Sec. 5, B.P. 881)

Qualification for Suffrage:1. Filipino citizen;2. At least 18 years of age;3. Resident of the Philippines for at

least one year;4. Resident of place where he proposes

to vote for at least 6 months; and5. Not otherwise disqualified by law.

Disqualification:1. person convicted by final judgment

to suffer imprisonment for not lessthan 1 year, unless pardoned orgranted amnesty; but rightreacquired upon expiration of 5years after service of sentence;

2. person adjudged by final judgmentof having committed any crimeinvolving disloyalty to government orany crime against national security;but right is reacquired uponexpiration of 5 years after service of sentence; and

3. insane or incompetent persons asdeclared by competent authority(Sec. 118, OEC).

II. POLITICAL PARTY- organized group of citizens

advocating an ideology or platform,

principles and policies for the generalconduct of government and which, asthe most immediate means of securingtheir adoption, regularly nominates and

supports certain of its leaders andmembers as candidate in public office.(Bayan Muna v. Comelec, GR No. 147613,June 28, 2001)

• To acquire juridical personality

and to entitle it to rights andprivileges granted to politicalparties, it must be registeredwith COMELEC

• policies for the general conduct

of government and which, as the

most immediate means of securing their adoption,regularly nominates and supportscertain of its leaders andmembers as candidate in publicoffice. (Bayan Muna v. Comelec,GR No. 147613, June 28, 2001)

• To acquire juridical personality

and to entitle it to rights andprivileges granted to politicalparties, it must be registered

with COMELEC.

Groups Disqualified for Registration:1. religious denominations or sects;2. those who seek to achieve their

goals through violence or unlawfulmeans;

3. those who refuse to uphold andadhere to Constitution; and

4. those supported by foreigngovernments.

Grounds for Cancellation of

Registration:

1. accepting financial contributionsfrom foreign governments or theiragencies; and

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

Party System – a free and open partysystem shall be allowed to evolve

according to free choice of people.POLITICAL LAW COMMITTEE CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff





− no votes cast in favor of political

party, organization or coalitionshall be valid except for thoseregistered under the party-list

system provided in theConstitution;

− political parties registered under

party-list system shall beentitled to appoint poll watchersin accordance with law; and

− part-list representatives shall

constitute 20% of total numberof representatives in the House.

Guidelines for screening party-listparticipants

1. The political party, sector,organization or coalition mustrepresent the marginalized andunderrepresented groups identifiedin Sec. 5 of RA 7941. Majority of itsmember-ship should belong to themarginalized and underrepresented;

2. While even major political partiesare expressly allowed by RA 7941and the Constitution, they mustcomply with the declared statutorypolicy of “Filipino citizens belongingto marginalized and under-

represented sectors to be elected tothe House of Representatives”.Thus, they must show that theyrepresent the interest of themarginalized and underrepresented.

3. That religious sector may not berepresented in the party-list system;except that priests, imam or pastorsmay be elected should theyrepresent not their religious sect butthe indigenous community sector;

4. A party or an organization must notbe disqualified under Sec. 6, RA 7941as follows:a. it is a religious sect or

denomination, organization orassociation organized forreligious purposes;

b. it advocates violence or unlawfulmeans to seek its goals;

c. it is a foreign party ororganization;

d. it is receiving support from anyforeign government, foreignpolitical party, foundation,

organization, whether directly or

through any of its officers ormembers or indirectly throughthird parties for partisanelection purposes;

e. it violates or fails to comply withlaws, rules or regulation relatingto elections;

f. it declares untruthful statementsin its petition;

g. it has ceased to exist for at leastone (1) year; or

h. it fails to participate in the lasttwo (2) preceding elections orfails to obtain at least two percentum (2%) of the votes castunder the party-list system intwo (2) preceding elections for

the constituency in which it hasregistered.

5. the party or organization must notbe an adjunct of, or a projectorganized or an entity funded orassisted by, the government.

6. the party, including its nomineesmust comply with the qualificationrequirements of section 9, RA 7941as follows: “No person shall benominated as party-listrepresentative unless he is: (a)natural-born citizen of the

Philippines; (b) a registered voter;(c) a resident of the Philippines for aperiod of not less than one yearimmediately preceding the day of the election; (d) able to read andwrite; (e) a bona fide member of theparty or organization which he seeksto represent for at least 90 dayspreceding the day of the election;and (f) at least 25 years of age onthe day of the election. In case of anominee of the youth sector, hemust at least be twenty five (25) butnot more than thirty (30) years of age on the day of the election. Anyyouth sectoral representative whoattains the age of thirty (30) duringhis term shall be allowed to continuein office until the expiration of histerms”;

7. not only the candidate party ororganization must representmarginalized and underrepresented

sectors, so also must its nominees;POLITICAL LAW COMMITTEE CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff





8. while lacking the a well-definedpolitical constituency, the nomineemust likewise be able to contributeto the formation and enactment of

appropriate legislation that willbenefit the nation as a whole. ( AngBagong Bayani-OFW Labor Party, v.COMELEC, GR No. 147589, June 26,2001).

III. DISQUALIFICATION OFCANDIDATES:

1. declared as incompetent or insaneby competent authority;

2. convicted by final judgment forsubversion, insurrection, rebellion orany offense for which he has been

sentenced to a penalty of 18 monthsimprisonment;

3. convicted by final judgment forcrime involving moral turpitude;

4. any person who is permanentresident of or immigrant to a foreigncountry; and

5. one who has violated provisions on:a. campaign period;b. removal, destruction of lawful

election propaganda;c. prohibited forms of propaganda;d. regulation of propaganda

through mass media; ande. election offenses.

- When a candidate has not yet beendisqualified by final judgment duringthe election day and was voted for,the votes cast in his favor cannot bedeclared stray. To do so wouldamount to disenfranchising theelectorate in whom sovereigntyresides. (Codilla vs. Hon. Jose DeVenecia, G.R. No. 150605, December10, 2002)

Nuisance Candidate – COMELEC may motu propio

or upon petition of interested party, refuse togive due course to or cancelcertificate of candidacy if shown that said certificatewas filed:

1. to put election process in mockery ordisrepute;

2. to cause confusion among voters bysimilarity of names of registeredcandidates;

3. by other circumstances or acts which

demonstrate that a candidate has nobona fide intention to run for officefor which certificate has been filed,and thus prevent a faithfuldetermination of true will of electorate.

IV. FAIR ELECTIONS ACT OF 2001 (RA9006)

Lawful election Propaganda (sec. 3):

1. Written/Printed Materials (does not

exceed 8 ½ in. width by 14 in.length)

2. Handwritten/printed letters3. Posters (not exceeding 2 x 3 ft.)

− 3 by 8 ft. allowed in

announcing, at the site andon the occasion of a publicmeeting or rally, may bedisplayed 5 days before thedate of rally but shall beremoved within 24 hoursafter said rally.

4. Print Ads

− ¼ page in broadsheets and ½

page in tabloids thrice aweek per newspaper,magazine or otherpublication during thecampaign period

5. Broadcast Media (i.e. TV andRadio)

NATIONALPOSITIONS

LOCALPOSITIONS

1. 120 minutesfor TV

1. 60 minutesfor TV

2. 180 minutesfor Radio

2. 90 minutesfor Radio

Prohibited Campaign1. Public exhibition of movie,

cinematograph or documentaryportraying the life or biography of acandidate during campaign period;

2. Public exhibition of a movie,cinematograph or documentary

portrayed by an actor or mediaPOLITICAL LAW COMMITTEE CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff





personality who is himself acandidate;

3. Use of airtime for campaign of amedia practitioner who is an official

of a party or a member of thecampaign staff of a candidate orpolitical party;

Limitation on Expenses:1. for candidates:

− President and Vice President

= P10/voter;

− Other candidates, if with

party = P3/voter;

− Other candidates, if without

party = P5/voter.

2. for political parties = P5/voter

Statement of Contribution andExpenses

− every candidate and treasurer of

political party shall, within 30 daysafter day of election, file offices of COMELEC the full, true and itemizedstatement of all contribution andexpenditures in connection withelection.

Election Survey− The SC held that Sec. 5.4 of the Fair

Election Act prohibiting publicationof survey results 15 daysimmediately preceding a nationalelection and 7 days before a localelection violates the constitutionalrights of speech, expression, and thepress because:

• it imposes a prior restraint on

the freedom of expression;

• It is a direct and total

suppression of a category of expression even though suchsuppression is only for a limitedperiod; and

• the governmental interest sought

to be promoted can be achievedby means other than thesuppression of freedom of expression. (Social Weather Station v. Comelec, G.R. No.147571 May 5, 2001)

Substituted and Substitute Candidate

- In case of valid substitutionsafter the officials ballots have beenprinted, the votes cast for thesubstituted candidates shall be

considered as stray votes but shall notinvalidate the whole ballot. For thispurpose, the official ballots shall providefor spaces where the voters may writethe name of the substitute candidates if they are voting for the latter: Provided,however, That if the substitutecandidate is of the same family name,this provision shall not apply.(Sec.12)

V. PRE-PROCLAMATIONCONTROVERSY

• Any question pertaining to or

affecting proceedings of Board of Canvassers which may be raisedby any candidate or by aregistered political party orcoalition of political partiesbefore the board or directly withCOMELEC or any matter raisedunder Sections 233, 234, 235,and 236, in relation topreparation, transmission,receipt, custody andappreciation of election returns.

Issues which may be raised in a Pre-Proclamation Controversy:1. Illegal composition or proceedings of

the board of Canvassers;2. Canvassed election returns are

incomplete, contain materialdefects, appears to be tamperedwith or falsified; or containdiscrepancies in the same returns orin other authentic copies thereof asmentioned in Sec. 233,234,235 and236 of BP 881;

3. Election returns were preparedunder duress, threat, coercion, orintimidation, or they are obviouslymanufactured or not authentic; and

4. When substitute of fraudulentreturns in controverted pollingplaces were canvassed, the results of which materially affected thestanding of the aggrievedcandidate/s.

III. ELECTION CONTESTSPOLITICAL LAW COMMITTEE CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff





Nature: special summary proceedingobject of which is to expeditesettlement of controversies between

candidates as to who received majorityof legal votes.Purpose: to ascertain true will of peopleand duly elected officer, and this couldbe achieved by throwing wide open theappeal before the court.

Contest: any matter involving title orclaim of title to an elective office, madebefore or after proclamation of winner,whether or not contestant is claimingoffice in dispute.Election, Returns and qualification –

refers to all matters affecting validity of the contestee’s title to the position.

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

Returns – include the canvass of returns and proclamation of winners,together with questions concerningcomposition of Board of Canvassersand authenticity of election returns.

Qualifications – matter which couldbe raised in a quo warrantoproceedings against the proclaimedwinner, such as his disloyalty to theRepublic or his ineligibility orinadequacy of his certificate of candidacy.

Original Exclusive Jurisdiction OverElection Contests1. President and Vice-President -

Supreme Court en banc2. Senator - Senate Electoral Tribunal 3. Representative - HR Electoral

Tribunal4. Regional/Provincial/City - COMELEC5. Municipal - RTC6. Barangay - MTC

Appellate Jurisdiction:1. For decisions of RTC and MTC

− appeal to COMELEC whose

decision shall be final andexecutory;

2. For decisions of COMELEC

− petition for review on Certiorari

with SC within 30 days fromreceipt of decision on ground of grave abuse of discretion

amounting to lack or excess of jurisdiction or violation of dueprocess;

3. For decisions of Electoral Tribunal

− petition for review on Certiorari

with SC on ground of grave abuseof discretion amounting to lackor excess of jurisdiction orviolation of due process.

Actions Which May Be Filed:1. Election Protest

- May be filed by any candidate whohas filed a certificate of candidacyand has been voted upon for thesame officer;Grounds:a. fraud;b. terrorism;c. irregularities; ord. illegal acts

− committed before, during, or

after casting and counting of votes

Time to file: within 10 days from

proclamation of results of election.

2. Quo warranto- Filed by any registered voter in theconstituency

Grounds:a. ineligibility; orb. disloyalty to Republic.Time to file: within 10 days fromproclamation of results of election.

QUO WARRANTOIN ELECTIVE

OFFICE

QUO WARRANTOIN APPOINTIVE

OFFICE1. determination is

eligibility of candidate-elect

1. determination islegality of appointment

2. when personelected isdeclaredineligible, courtcannot declare 2nd

placer as elected,even if eligible

2. court maydetermine as towho among theparties has legaltitle to office

IV. ELECTION OFFENSESPOLITICAL LAW COMMITTEE CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff





Vote-Buying and Vote-Selling(1) Any person who gives, offersor promises money or anything

of value, gives or promises anyoffice or employment, franchiseor grant, public or private, ormakes or offers to make anexpenditure, directly orindirectly, or cause anexpenditure to be made to anyperson, association, corporation,entity, or community in order toinduce anyone or the public ingeneral to vote for or againstany candidate or withhold hisvote in the election, or to vote

for or against any aspirant forthe nomination or choice of acandidate in a convention orsimilar selection process of apolitical party.(2) Any person, association,corporation, group or communitywho solicits or receives, directlyor indirectly, any expenditure or

promise of any office oremployment, public or private,for any of the foregoingconsiderations. (Sec. 261, B.P.

881)

• One of the effective ways of

preventing the commissionof vote-buying and of prosecuting thosecommitting it is the grant of immunity from criminalliability in favor of the

party (person/s) whose votewas bought. This grant of immunity will encourage the

recipient or acceptor tocome into the open anddenounce the culprit-candidate, and will ensurethe successful prosecution of the criminal case against thelatter. (Comelec vs. Hon.Tagle, G.R. Nos. 148948 &148951, February 17, 2003)






LAW ON PUBLIC CORPORATION

I. LOCAL GOVERNMENT CODE OF 1991

(R.A. 7160)

Effectivity: January 1, 1992

Scope of Application of LocalGovernment Code:Applicable to:

1. all provinces,2. cities,3. municipalities,4. barangays;5. and other political subdivisions

as may be created by law; and6. to the extent provided in the

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

Government.

Local Autonomy – in its constitutionalsense, to polarize LGU’s from overdependence on central government anddo not make LGU’s mini-republics orimperium in imperia.

Decentralization of Administration –central government delegatesadministrative powers to politicalsubdivisions in order to broaden base of government power and in process makeLGU’s more responsive and accountableand ensure their fullest development asself-reliant communities and make themeffective partners in the pursuit of national development and socialprogress.

Decentralization of Power – involvesabdication of political power in favor of LGU’s declared autonomous.(Limbona v.Mengelin, 170 SCRA 786).

Devolution – act by which nationalgovernment confers power and authorityupon various LGU’s to perform specificfunctions and responsibilities.[Sec.17(e),par.2, LGC].

Declaration of Policy:

1. Territorial and subdivisions of Stateshall enjoy genuine and meaningfullocal autonomy to enable them toattain fullest development and makethem more effective partners inattaining national goals;

2. Ensure accountability of LGU’sthrough institution of effectivemechanisms of recall, initiative andreferendum; and

3. Require all national agencies andoffices to conduct periodicconsultations with appropriateLGU’s, NGO’s and People’sOrganizations and other concernedsector of community before anyproject or program is implementedin their respective jurisdictions.

Rules on Interpretation:1. provision on power : liberally

interpreted in favor of LGU; in caseof doubt, resolved in favor of devolution of powers;

2. ordinance or revenue measure:

construed strictly against LGUenacting it and liberally in favor of tax payer;

3. tax exemptions, incentive or relief granted by LGU: construed againstperson claiming;

4. general welfare provisions: liberallyinterpreted to give more powers toLGU’s in accelerating economicdevelopment and upgrading qualityof life for people in community;

5. rights and obligations existing ondate of effectivity of LGC of 1991

and arising out of contracts or anyother source of prestation involvingLGU, shall be governed by originalterms and conditions of saidcontracts or law in force at timesuch rights were vested; and

6. resolution of controversies arisingunder LGC of 1991 where no legalprovision or jurisprudence applies,resort may be had to customs andtraditions in place wherecontroversies take place.

II. PUBLIC CORPORATION






- one formed and organized for thegovernment of a portion of the State.

Elements of Public Corporation:

1. legal creation or incorporation;2. corporate name;3. inhabitants; and4. territory.

Classes of Corporation:1. Quasi-corporation – public

corporations created as agencies of State for narrow and limitedpurposes.

2. Municipal corporation – body politicand corporate constituted byincorporation of inhabitants of city

or town purposes of localgovernment thereof or as agency of State to assist in civil government of the country.

3. Quasi-public corporation – privatecorporation that renders publicservice or supplies public wants.

PUBLICCORPORATION

PRIVATECORPORATION

1. established forpurposes of

administration of civil and localgovernments

1. created for privateaim, gain or benefit

of members

2. creation of Stateeither by special orgeneral act

2. created by will of incorporators withrecognizance of State

3. involuntaryconsequencelegislation

3. voluntaryagreement by andamong members

III. DE FACTO MUNICIPAL

CORPORATION

Requisites:1. valid law authorizing incorporation;2. attempt in good faith to organize

under it;3. colorable compliance with law; and4. assumption of corporate powers.

IV. TERRITORIAL AND POLITICAL

SUBDIVISIONS ENJOYINGLOCAL AUTONOMY:

1. Province – cluster of municipalities,or municipalities and component

cities, and serves as dynamicmechanism for developmentalprocesses and effective governanceof LGU’s within its territorialjurisdiction.

2. City – composed of more urbanizedand developed barangays, serves asa general purpose government forcoordination and delivery of basic,regular and direct services andeffective governance of inhabitantswithin its territorial jurisdiction;

3. Municipality – consisting of group of barangays, serves primarily as ageneral purpose government forcoordination and delivery of basic,regular and direct services andeffective governance of inhabitantswithin its territorial jurisdiction;

4. Barangay – basic political unit whichserves as primary planning andimplementing unit of governmentpolicies, plans, programs, projects

and activities in community, and as aforum wherein collective views of people may be expressed,crystalized and considered andwhere disputes may be amicablysettled;

5. Autonomous Regions – created fordecentralization of administration ordecentralization of government; and

6. Special metropolitan politicalsubdivisions – created for solepurpose of coordination of deliveryof basic services.

Creation of Municipal Corporations1. For province, city or municipality,

only by Act of Congress;2. For barangays, ordinance passed by

respective Sanggunian






• Plebiscite Requirement –

approved by a majority of the votes cast in a plebiscitecalled for the purpose in the

political unit/s directlyaffected (Sec. 10, R.A. 7160)

• Based on verifiable

indicators of viability andprojected capacity toprovide services (Sec. 7, R.A.7160) [Note: see Annex C]

Beginning of Corporate Existence

• upon election and qualification

of its chief executive andmajority of members of itsSanggunian, unless some othertime is fixed therefore by law orordinance creating it.

• Mode of Inquiry to Legal

Existence of LGU: Quo warrantowhich is reserved to State orother direct proceedings

Abolition of LGU:

− When income, population, or land

area of LGU has been reduced to lessthan minimum standards prescribedfor its creation. The law or

ordinance abolishing LGU shallspecify the province, city,municipality or barangay with whichLGU sought to be abolished will beincorporated or merged.

Division and Merger of LGU’s

− shall comply with same

requirements, provided:1. shall not reduce income, population

or land area of LGU concerned toless than the minimum requirements

prescribed;2. income classification of original LGUshall not fall below its currentincome classification prior todivision;

3. Plebiscite be held in LGU’s affected.4. Assets and liabilities of creation shall

be equitably distributed betweenthe LGU’s affected and new LGU.When municipal district of otherterritorial divisions is converted orfused into a municipality all propertyrights vested in original territorial

organization shall become vested ingovernment of municipality.

V. POWERS OF LGUs

Classification of Powers of LocalGovernment Units1. Express, implied and inherent;2. Public or governmental, private or

proprietary;3. Intramural and extramural; and4. Mandatory and directory; ministerial

and discretionary.

Governmental Powers of LGU:1. General Welfare – (Sec. 16, R.A.

7160) statutory grant of police

power to LGU’s. It is limited to:a. territoriality;b. equal protection clause;c. due process clause; andd. must not be contrary to law.

2. Delivery of basic services andfacilities – (Sec. 17, of R.A. 7160);

3. Power to generate and applyresources – (Sec. 18, of R.A. 7160);

4. Eminent Domain – (Sec. 19, of R.A.7160);Additional Limitations for Exerciseby LGU:

a. exercise by local chief executivepursuant to an ordinance;

b. for public use, purpose orwelfare for benefit of poor andlandless;

c. payment of just compensation;and

d. only after valid and definiteoffer had been made to, and notaccepted by owner.(Municipality of Parañaque v.V.M. Realty Corp., 292 SCRA678)

5. Reclassification of Lands – (Sec. 20of RA 7160)Limited by following percentage of total agricultural land area:a. for HUC and independent

component cities: 15%;b. for component cities and 1 st to

3rd class municipalities: 10% ;and

c. for 4th to 6th class municipalities:5%.

6. Closure and opening of roads – (Sec.

21 of RA 7160)POLITICAL LAW COMMITTEE CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff





In case of permanent closure:a. adequate provision for public

safety must be made; and

b. may be properly used orconveyed for any purpose forwhich other real property maybe lawfully used or conveyed;provided no freedom park bepermanently closed withoutprovisions or transfer to newsite.

7. Local legislative power – (Secs. 48-59 of RA 7160)Approval of ordinances:a. local chief executive with his

signature on each and every

page;b. if local chief executive vetoes

the same, may be overridden by2/3 vote of all sanggunianmembers;(i) grounds for veto:

ordinance is ultra viresor prejudicial to publicwelfare;

(ii) local chief executivemay veto particularitem/s of appropriationordinance, adoption of

local development planand public investmentplan, or ordinancedirecting payment of money or creatingliability; and

(iii) local chief executivemay veto an ordinanceonly once;

c. veto communicated tosanggunian within 15 days forprovince and 10 days for city ormunicipality.

Requisites for validity:a. must not contravene the

Constitution and any statute;b. must not be unfair or oppressive;c. must not be partial or

discriminatory;d. must not prohibit, but may

regulate trade;e. must not be unreasonable; andf. must be general in application

and consistent with public policy.

• Barangay Chairman has no

veto power.Corporate Powers of LGU:1. to have continuous succession in its

corporate name;2. to sue and be sued;3. to have and use a corporate seal;4. to acquire and convey real or

personal property;5. power to enter into contracts;

Requisites of valid municipalcontracts:a. LGU has express, implied, or

inherent power to enter into aparticular contract;

b. Entered into by properdepartment, board,

committee, or agent;c. Must comply with substantive

requirements;d. Must comply with formal

requirements; ande. In case entered into by local

chief executive on behalf of LGU, prior authorization bySanggunian concerned isneeded

6. to exercise such other powers asgranted to corporation, subject tolimitations provided in Local

Government Code of 1991 and otherlaws.

VI. MUNICIPAL LIABILITY:

Rule: Local government units and theirofficials are not exempt from liability fordeath or injury to persons or damage toproperty (Sec. 24, R.A. 7160)1. Statutory provisions on liability:

a. Art. 2189, Civil Code – defectivecondition of roads, streets,bridges, public buildings, andother public works;

b. Art. 2180(6th par.), Civil Code –acts through a special agent;

d. Art. 34, Civil Code – failure orrefusal of a member of thepolice force to render aid andprotection in case of danger tolife and property

2. for Tort – depends if engaged in:a. governmental functions – not

liable;b. proprietary functions – liable






3. for Violation of Law4. for Contracts – if contract is:

a. intra vires – liable;b. ultra vires – not liable

− Doctrine of Implied MunicipalLiability – a municipality maybecome obligated upon animplied contract to pay thereasonable value of the benefitsaccepted or appropriated by itas to which it has the generalpower to contract (Province of Cebu v. IAC, 147 SCRA 447); thedoctrine applies to all caseswhere money or other propertyof a party is received under suchcircumstances that the general

law, independent of an expresscontract, implies an obligationto do justice with respect to thesame (Nachura, Reviewer inPolitical Law , p. 431)

VII. QUALIFICATION OF ELECTIVELOCAL OFFICIALS:

1. citizen of the Philippines;2. registered voter of barangay,

municipality, city, province, ordistrict where he intends to beelected;

3. resident therein for at least 1 yearpreceding election;

4. able to read and write Filipino orlocal language or dialect; and

5. age:a. 23 years of age – Governor, Vice

Governor, Board Member,Mayor, Vice Mayor or Member of City Council for HUC’s.

b. 21 years of age – Mayor or ViceMayor of ICC’s, component citiesor municipalities;

c. 18 years of age – members of ICC or component city ormunicipal council or punongbarangay or member of barangay council;

d. at least 15 but not 21 years of age – candidate for sangguniankabataan.(Sec. 39, RA 7160)

Disqualification of Elective LocalOfficial:1. sentenced by final judgment for

offense involving moral turpitude or

punishable by 1 year or more of imprisonment within 2 after serviceof sentence;

2. those removed from office due to

administrative cases;3. those convicted by final judgment

for violating oath of allegiance tothe Republic;

4. those with dual citizenship;5. fugitives from justice in criminal or

non-political cases here or abroad;6. permanent resident in foreign

country; and7. insane or feeble-minded.(Sec.40,

RA.7160)

VIII. MANNER OF ELECTION

1. Elected at largea. Governor; Vice Governor;b. City or municipal mayor; City or

municipal vice-mayor;c. Punong barangay ,d. SK chairman, elected by voters

of Katipunan ng Kabataan

2. Elected by Districta. regular members of Sanggunianb. ex-officio members of

Sanggunian(i.) panlalawigan

• president of leagues of sanggunian members of component cities andmunicipalities; and

• president of liga ng mga

barangay and pederasyonng mga sangguniankabataan

(ii.) panlunsod

• president of liga ng mga

barangay and thepederasyon ng mga SB

(iii.) bayan• president of liga ng mga

barangay and thepederasyon ng mgasanggunian kabataan

3. Sectoral representatives – women,worker, urban poor, and othersectors allowed by law.

Date of Election: Every 3 years on2nd Monday of May, unless otherwiseprovided by law.






Documents

Beda Notes_admin_ELect.doc