Senator Congressman Party-list President Supreme Court Lower Court

Representative
Natural born citizen Natural born citizen Natural born citizen Natural born citizen Natural born citizen
On the day of the On the day of the On the day of the On the day of the At the time of their
election, at least 35 election, at least 25 election, at least 25 election, at least 40 appointment, at least
years of age years of age years of age years of age 40 years of age
Able to read and write Able to read and write Able to read and write Able to read and write
A registered voter A registered voter in A registered voter A registered voter
the district in which
he shall be elected
A resident of the A resident of the A resident of the A resident of the Must have been for 15
Philippines for not district in which he Philippines for not Philippines for at years or more (a) a
less than 2 years shall be elected for less than 1 year least than 10 years judge of a lower court
immediately not less than 1 year immediately immediately or (b) engaged in the
preceding the day of immediately preceding the day of preceding the day of practice of law in the
the election preceding the day of the election the election Philippines
the election
A bona fide member
of the party or
organization which he
seeks to represent for
at least 90 days
preceding the day of
the election
In case of a nominee
of the youth sector, at
least 25, but not
more than 30 years
of age on the day of
the election
Person of proven (a)
competence, (b)
integrity, (c) probity,
and (d) independence

Term of office shall Term of office shall Term of office shall Term of office shall Hold office during
be 6 years be 3 years be 3 years be 6 years good behavior until
(a) they reach 70
years of age or (b)
they become
incapacitated to
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 discharge the duties
of their office
No Senator shall No member of the No member of the No President shall be
serve for more than 2 House of House of eligible for reelection;
consecutive terms Representatives shall Representatives shall No person who has
serve for more than 3 serve for more than 3 succeeded as
consecutive terms consecutive terms President and has
served for more than
4 years shall be
qualified to run as
President

No Vice-President
shall serve for more
than 2 consecutive
terms

SET HRET PET/VPET Commission on JBC

9 members
3 members shall be
Justices of the Supreme
Court to be designated by
the Chief Justice
6 members shall be
Senators who shall be
chosen on the basis of
proportional
representation
Senior Justice shall be the
Chairman of the SET
9 members
3 members shall be
Justices of the Supreme
Court to be designated by
the Chief Justice
6 members shall be
Congressmen who shall be
chosen on the basis of
proportional
representation
Senior Justice shall be the
Chairman of the HRET
15 members
Supreme Court en banc
Appointments
25 members
12 members shall be
Senators who shall be
chosen on the basis of
proportional
representation
12 members shall be
Congressmen who shall be
chosen on the basis of
proportional
representation
President of the Senate
Senate President shall be
the ex officio Chairman,
who shall not vote except
in case of a tie
7 members
3 ex officio members:
(a) Chief Justice of the
Supreme Court
(b) Secretary of Justice
(c) Representative of
Congress
4 regular members:
(a) Representative of the
IBP
(b) Professor of law
(c) Retired member of the
Supreme Court
(d) Representative of the
private sector
Chief Justice shall be the
ex officio Chairman
Term of office of regular
members shall be 4 years
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 CSC
3 members:
(a) 1 Chairman
(b) 2 Commissioners
Natural born citizens
At the time of their appointment,
at least 35 years of age
Must not have been candidates for
any elective position in the
elections immediately preceding
their appointment
With proven capacity for public
administration
Term of office shall be 7 years
without reappointment
COMELEC
7 members:
(a) 1 Chairman
(b) 6 Commissioners
Natural born citizens
At the time of their appointment,
at least 35 years of age
Must not have been candidates for
any elective position in the
elections immediately preceding
their appointment
Holders of a college degree
A majority of the members,
including the Chairman, shall be
members of the Philippine bar,
who have been engaged in the
practice of law for at least 10
years
Term of office shall be 7 years
without reappointment
COA
3 members:
(a) 1 Chairman
(b) 2 Commissioners
Natural born citizens
At the time of their appointment,
at least 35 years of age
Must not have been candidates for
any elective position in the
elections immediately preceding
their appointment
Certified public accountants with
not less than 10 years auditing
experience and members of the
Philippine bar who have been
engage in the practice of law for
at least 10 years
Term of office shall be 7 years
without reappointment
OMB
6 members:
(a) 1 Ombudsman (Tanodbayan)
(b) 1 Overall Deputy
(c) 1 Deputy for Luzon
(d) 1 Deputy for Visayas
(e) 1 Deputy for Mindanao
(f) 1 Deputy for Military
Establishments
Natural born citizens
At the time of their appointment,
at least 40 years of age
Must not have been candidates for
any elective position in the
elections immediately preceding
their appointment
Recognized probity and
independence
Must have been a (a) judge or (b)
engaged in the practice of law in
the Philippines for 10 years or
more
Term of office shall be 7 years
without reappointment
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-Constituent vs. ministrant functions
Constituent functions are exercised by the State as attributes of
sovereignty; while ministrant functions are optionally undertaken by
the State merely to promote the welfare, progress, and prosperity of
the people
Constituent functions are those which constitute the very bonds of
society and are compulsory in nature; while ministrant functions are
undertaken only by way of advancing the general interests of
society, and are merely optional
-Considerations when government shall exercise certain
ministrant/proprietary functions:
(1) That a government should do for the public welfare those things
which private capital would not naturally undertake; and
(2) That a government should do those things which, by its very
nature, is better equipped to administer for the public welfare than is
any private individual or group of individuals
-Guidelines on who may apply to the party-list system:
(1) The parties or organizations must represent the marginalized and
underrepresented
(2) Political parties who wish to participate must comply with such
policy
(3) The religious sector may not be represented
(4) The party or organization must not be disqualified under Section
6 of RA 7941
(5) The party or organization must not be an adjunct of, or a project
organized, or an entity funded, or an entity assisted by the
government
(6) The nominees of the party or organization must comply with the
requirements of the law
(7) The nominee must be able to contribute to the formulation and
enactment of legislation that will benefit the nation
-Parties or organizations disqualified under the party-list system (Section 6,
RA 7941):
(1) It is a religious sect, denomination, organization, or association
organized for religious purposes
(2) It advocates violence or unlawful means to seek its goal
(3) It is a foreign party or organization
(4) It is receiving support from any foreign government, political
party, foundation, organization, whether directly or indirectly, or
through any of its officers or members, or indirectly through third
parties for partisan election purposes
(5) It violates or fails to comply with laws, rules, or regulations
relating to elections
(6) It declares untruthful statements in its petition
(7) It has ceased to exist for at least 1 year
(8) It fails to participate in the last 2 preceding elections
(9) It fails to obtain at least 2% of the votes cast under the party-list
system in the last 2 preceding elections for the constituency in which
it has registered
-Exception to the rule on non-delegation of legislative power:
(1) Delegation of tariff powers to the President [Sec. 28(2), Art. 6]
(2) Delegation of emergency powers to the President [Sec. 23(2),
Art. 6]
(3) Delegation to the people at large (Initiative and Referendum)
(4) Delegation to local governments, which by immemorial practice,
are allowed to legislate on purely local matters
(5) Delegation to administrative bodies of rule-making power
(Implementing Rules and Regulations)
(6) Contingent legislation
-Matters to be entered in the legislative journal:
Yeas and nays upon the third and last reading of a bill [Sec. 26(2),
Art. 6]
Veto and objections of the President [Sec. 27(1), Art. 6]
Names of the Members of each House of Congress voting for or
against a bill after veto and objection by the President [Sec. 27(1),
Art. 6]
-Taking of yeas and nays:
Upon the third and last reading of a bill
Upon request of 1/5 of the members of each House present
In repassing a bill over the veto and objection by the President
-Two-thirds (2/3) votes of Congress:
(1) When each House will suspend or expel a member thereof
(2) When Congress will declare the existence of a state of war (all
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 the members of Congress)
(3) When each House decides to repass a bill over the veto and
objection by the President
(4) When the determining the capacity of the President to
discharge his functions after a majority of the Members of the
Cabinet declare that the latter is under some incapacity (all the
members of Congress)
(5) When concurring to a treaty or international agreement
(6) When the Senate convicts an impeachable officer in an
impeachment proceeding
-One-fifth (1/5) votes of Congress:
When the members of each House want the yeas and nays on any
question to be entered in the Journal
-Majority votes of Congress:
(1) When the members elect the President of the Senate and the
Speaker of the House of Representatives (each House)
(2) When passing a law granting tax exemption (all the members of
Congress)
(3) When revoking or extending the proclamation of martial law or
the suspension of the privilege of the writ of habeas corpus (all the
members of Congress)
(4) When choosing the President and/or Vice-President in case of a
tie (all the members of Congress)
(5) When confirming the nomination by the President of a Vice-
President from an incumbent member of Congress (all the members
of Congress)
(6) When concurring in the amnesty granted by the President
(7) When the Commission on Appointments acts on the
appointments submitted to it
(8) When the members of the Commission on Appointments want to
meet in order to discharge such powers and functions as are
conferred upon it
(9) When the House Committee on Justice submits its report and
resolution on the impeachment complaint to the House of
Representatives
-Congress voting jointly:
When revoking or extending the proclamation of martial law or the
suspension of the privilege of the writ of habeas corpus
-Congress voting separately:
When choosing the President and/or Vice-President in case of a tie
When confirming the nomination of the President of a Vice-
President from an incumbent member of Congress
When the determining the capacity of the President to discharge his
functions after a majority of the Members of the Cabinet declare that
the latter is under some incapacity
-Inquiries in aid of legislation vs. Question hour:
Inquiries in aid of legislation specifically relates to the power to
conduct inquiries in aid of legislation, the aim of which is to elicit
information that may be used for legislation; while question hour
pertains to the power to conduct question hour, the objective of
which is to obtain information in pursuit of Congress oversight
function
Inquiries in aid of legislation under Section 21 is mandatory, such
that Congress can require the appearance of Department heads;
while in question hour under Section 22, Congress may only request
the appearance of Department heads because when Congress merely
seeks to be informed on how the same are implementing the statutes
it has issued, Congress right to such information is not as
imperative as that of the President to whom such Department heads
must give a report of their performance as a matter of duty
The oversight function of Congress may be facilitated by
compulsory process only to the extent that it is performed in pursuit
of legislation
-Executive officers who cannot hold any other office or employment during
their tenure:
(1) President
(2) Vice-President
(3) Members of the Cabinet
(4) Deputies
(5) Assistants
-Offices where the spouse or relatives by consanguinity/affinity within the
4th civil degree of the President cannot be appointed:
(1) Members of the Constitutional Commissions
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 (2) Office of the Ombudsman
(3) Secretaries
(4) Undersecretaries
(5) Chairmen of bureaus, offices, GOCCs, and their subsidiaries
(6) Heads of bureaus, offices, GOCCs, and their subsidiaries
-Officers that the President shall appoint with the Consent of the
Commission on Appointments:
(1) Heads of Departments
(2) Ambassadors
(3) Other public ministers
(4) Consuls
(5) Officers of the armed forces from the rank of colonel or navy
captain
(6) Other officers whose appointments are vested in him by the
Constitution
o (a) Regular members of the Judicial and Bar Council
o (b) Chairman and Commissioners of the Constitutional
Commissions
o (c) Members of the Regional Consultative Commission
-Varieties of executive privilege:
(1) State secrets privilege on the ground that the information is of
such nature that its disclosure would subvert crucial military or
diplomatic objectives
(2) Informers privilege the privilege of the government not to
disclose the identity of persons who furnish information of
violations of law to officers charged with the enforcement of the law
(3) Generic privilege for internal deliberations to attach to intra-
governmental documents reflecting advisory opinions,
recommendations, and deliberations comprising part of a process by
which governmental decisions and policies are formulated
o Presidential conversations, correspondences, or discussions
during closed-door Cabinet meetings
-Elements of presidential communications privilege:
(1) The protected communication must relate to a quintessential and
non-delegable presidential power
(2) The communication must be authored or solicited and received
by a close advisor of the President or the President himself
o The advisor must be in operational proximity with the
President
There is no showing of adequate or compelling need, such that (a)
the information sought likely contains important evidence and (b)
by the unavailability of the information elsewhere by an appropriate
investigating authority
-Contents of invitation under Section 21, Art. 6:
(1) Possible needed statute which prompted the need for the inquiry
(2) Indication of the subject of the inquiry
(3) Questions relative to and in furtherance of the subject of the
inquiry
-Political questions under Baker v. Carr as recognized in Philippine
jurisprudence:
(1) When there is found a textually demonstrable constitutional
commitment of the issue to a coordinate political department
(2) When there is a lack of judicially discoverable and
manageable standards for resolving the question
(3) When there is an impossibility of deciding without an initial
policy determination of a kind clearly for non-judicial discretion
-Standing vs. Real party-in-interest
Both are directed towards ensuring that only certain parties can
maintain an action
Standing has constitutional underpinnings; while the rule on real
party-in-interest is a concept of civil procedure
Standing is a special concern in constitutional law because in some
cases, suits are brought not by parties who have been personally
injured by the operation of a law or by official action taken, but by
concerned citizens, taxpayers, or voters who actually sue in the
public interest
Standing restrictions require (a) partial consideration of the merits,
as well as (b) broader policy concerns relating to the proper role of
the judiciary in certain areas
The question in standing is whether such party has alleged such a
personal stake in the outcome of the controversy as to assure that
concrete adverseness which sharpens the presentation of issues upon
which the court so largely depends for illumination of difficult
constitutional questions; whereas the questions as to real party-in-
interest is whether such party is the party who would be benefitted
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 or injured by the judgment or the party entitled to the avails of the
suit
-Standing jus tertii
(1) That the party suing has some substantial relation to the third
party; or
(2) That the third party cannot assert his constitutional right; or
(3) That the right of the third party will be diluted unless the party in
court is allowed to espouse the third partys constitutional claim
-Instances when the Supreme Court sits en banc:
(1) All cases involving the constitutionality of a treaty, international
agreement, executive agreement, or law
(2) All cases which under the Rules of Court are required to be
heard en banc
(3) All cases involving the constitutionality, application, or
operation of presidential decrees, proclamations, orders,
instructions, ordinances, and other regulations
(4) Cases heard by a division when the required majority is not
obtained
(5) Cases where the Supreme Court modifies or reverses a doctrine
or principle of law previously laid down either en banc or in
division
(6) Administrative cases involving the discipline or dismissal of
judges of lower courts
(7) Election contests for President or Vice-President
-Magallona v. Ermita
Absent an UNCLOS III compliant baselines law, an archipelagic
state like the Philippines will find itself devoid of internationally
accepted baselines from where the breadth of its maritime zones and
continental shelf is measured. This is a recipe for a two-fronted
disaster:
o (a) It sends an open invitation to the seafaring powers to
freely enter and exploit the resources and waters and
submarine areas around our archipelago
o (b) It weakens the countrys case in any international
dispute over Philippine maritime space
-Computation of additional seats in Banat v. COMELEC:
(1) The parties, organizations, or coalitions shall be ranked from
highest to lowest based on the number of votes garnered in the
election (rank)
(2) The parties, organizations, or coalitions receiving at least 2% of
the total votes cast for the party-list system shall be entitled to one
(1) guaranteed seat
(3) Allocation of additional seats:
o (A) Percentage of votes garnered by the party, organization,
or coalition (percentage) = [total number of votes garnered
by the candidate of the party, organization, or coalition
concerned divided by the total number of votes cast for
party-list candidates]
o (B) Share in the remaining seats of the party, organization,
or coalition = percentage multiplied by [maximum number
of seats allocated to party-list representatives less
guaranteed seats] (remaining available seats)
JT: Share in the remaining available seats must be a
whole integer because fractional seats are
disregarded in the absence of a provision in RA
7941 allowing for a rounding off of fractional seats
(4) Assign seats to the parties following the rank in (1) until all the
additional seats have been completely allocated
(5) Each party, organization, or coalition shall only be allowed a
maximum of three (3) seats
-Guidelines for the party-list system in Atong Paglaum v. COMELEC:
(1) Three different groups may participate in the party-list system:
o (1) National parties or organizations;
o (2) Regional parties or organizations, and
o (3) Sectoral parties or organizations
(2) National parties or organizations and regional parties or
organizations (a) do not need to organize along sectoral lines and (b)
do not need to represent any "marginalized and underrepresented"
sector
(3) Political parties can participate in party-list elections provided
(a) they register under the party-list system and (b) do not field
candidates in legislative district elections.
o A political party, whether major or not, that fields
candidates in legislative district elections can participate in
party-list elections only through its sectoral wing that can
separately register under the party-list system
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 o The sectoral wing is by itself an independent sectoral
party and is linked to a political party through a coalition
(4) Sectoral parties or organizations may either be (a) "marginalized
and underrepresented" or (b) lacking in "well-defined political
constituencies"
o It is enough that their principal advocacy pertains to the
special interest and concerns of their sector.
o The sectors that are "marginalized and underrepresented"
include labor, peasant, fisherfolk, urban poor, indigenous
cultural communities, handicapped, veterans, and overseas
workers.
o The sectors that lack "well-defined political constituencies"
include professionals, the elderly, women, and the youth.
(5) A majority of the members of sectoral parties or organizations
that represent the "marginalized and underrepresented" must belong
to the "marginalized and underrepresented" sector they represent.
Similarly, a majority of the members of sectoral parties or
organizations that lack "well-defined political constituencies" must
belong to the sector they represent.
o The nominees of sectoral parties or organizations that
represent the "marginalized and underrepresented," or that
represent those who lack "well-defined political
constituencies," either (a) must belong to their respective
sectors or (b) must have a track record of advocacy for their
respective sectors.
o The nominees of national and regional parties or
organizations must be bona fide members of such parties or
organizations.
(7) National, regional, and sectoral parties or organizations shall not
be disqualified if some of their nominees are disqualified, provided
that they have at least one nominee who remains qualified.
-Impeachable public officers:
(1) President
(2) Vice-President
(3) Members of the Supreme Court
(4) Members of the Constitutional Commissions
(5) Ombudsman
-Grounds for impeachment:
(1) Culpable violation of the Constitution
(2) Treason
(3) Bribery
(4) Graft and corruption
(5) Other high crimes
(6) Betrayal of public trust
-Public officers who cannot be granted loans, guarantees, or other forms of
financial accommodations during their tenure:
(1) President
(2) Vice-President
(3) Members of the Cabinet
(4) Members of Congress
(5) Members of the Supreme Court
(6) Members of the Constitutional Commissions
(7) Ombudsman
(8) Any firm or entity in which they have controlling interest
-Police power
The inherent and plenary power in the State that enables it to
prohibit all that is hurtful to the comfort, safety, and welfare of
society
-Property rights vs. Human rights
For property rights, a mere reasonable or rational relation between
(a) the means employed by the law and (b) the object or purpose of
the law that the law is neither arbitrary, discriminatory, or
oppressive would suffice to validate a law that restricts or impairs
property rights; while for human rights, a restriction or impairment
thereof requires the existence of a grave and immediate danger of a
substantive evil that the State has a right to prevent
-Substantive due process vs. Procedural due process
Substantive due process is a prohibition against the State to pass
arbitrary laws; while procedural due process relates to the mode of
the procedure which the State, particularly the government agencies,
must follow in the enforcement and application of laws
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-Requirements of procedural due process in non-criminal cases:
(1) There must be a court or tribunal clothed with judicial power to
hear and determine the matter before it
(2) Jurisdiction must be lawfully acquired over the person of the
defendant or over the property which is the subject of the
proceedings
(3) The defendant must be given an opportunity to be head
(4) The judgment must be rendered upon lawful hearing
-Requirements of procedural due process in administrative cases:
(1) The right to a hearing, which includes the right of the party
interested or affected to present his own case and submit evidence in
support thereof
(2) The tribunal must consider the evidence presented
(3) There must be some evidence to support the finding or
conclusion of the tribunal
(4) The evidence must be substantial
(5) The decision must be rendered on the evidence presented at the
hearing or, at least, contained in the record and disclosed to the
parties affected
(6) The administrative tribunal or any of its judges must act on
its/his own independent consideration of the law and facts of the
controversy, and not simply accept the views of a subordinate in
arriving at a decision
(7) The administrative tribunal should, in all controversial questions,
render its decision in such a manner that the parties to the
proceeding can know the various issues involved, and the reasons
for the decision rendered
-Requirements of substantive due process:
(1) The interests of the public in general, as distinguished from those
of a particular class, require State interference; and
(2) The means are reasonably necessary for the accomplishment of
the purpose and not unduly oppressive upon individuals
-Void for vagueness doctrine
A law is vague when it lacks comprehensible standards that men of
common intelligence must necessarily guess as to its meaning and
differ as to its application
o Vague laws are repugnant to the Constitution in two
respects:
(1) It violates due process for failure to accord
persons, especially the parties targeted by it, fair
notice of the conduct to avoid; and
(2) It leaves law enforcers unbridled discretion in
carrying out its provisions and becomes an arbitrary
flexing of Government muscle
But for a law to be unconstitutional due to vagueness, the statute
must be utterly vague on its face, such that it cannot be clarified by
either (a) a saving clause or (b) construction
-Equal protection of the laws
The equal protection of the law clause is against undue favor and
individual or class privilege, as well as hostile discrimination or the
oppression of inequality
o But it is not intended to prohibit legislation that is limited
either in the object to which it is directed or by territory
within which it is to operate
o But it does not demand absolute equality among residents
The equal protection clause merely requires that all persons shall be
treated alike, under like circumstances and conditions both as to
privileges conferred and liabilities enforced
The equal protection clause is not infringed by legislation that
applies only to those persons falling within a specified class, if it
applies alike to all persons within such class, and reasonable
grounds exist for making a distinction between those who fall within
such class and those who do not
-Requirements for reasonable classification vis--vis the equal
protection clause (S-G-L-E):
(1) Must rest on substantial distinctions
(2) Must be germane to the purpose of the law
(3) Must not be limited to existing conditions only
(4) Must apply equally to all members of the same class
-Relative unconstitutionality doctrine
The constitutionality of a statute cannot, in every instance, be
determined by a mere comparison of its provisions with applicable
provisions of the Constitution, since the statute may be
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 constitutionally valid as applied to one set of facts and invalid in its
application to another
A statute valid at one time may become void at another time
because of altered circumstances, such that, if a statute in its
practical operation becomes arbitrary or confiscatory, its validity,
even though affirmed by a former adjudication, is open to inquiry
and investigation in the light of changed conditions
-Requisites for a valid warrant (P-J-E-D):
(1) It must be issued upon probable cause
(2) Probable cause must be determined personally by the judge
o Determined personally means that it is the exclusive and
personal responsibility of the issuing judge to satisfy
himself of the existence of probable cause
(3) The judge must examine under oath or affirmation the
complainant and the witnesses he may produce
(4) The warrant must particularly describe the place to be search and
the person or things to be seized
*The warrant must be in connection with one specific offense
-Procedure for determining personally the existence of probable cause:
(1) The judge shall personally evaluate (a) the report and (b) the
supporting documents submitted by the prosecutor regarding the
existence of probable cause and, on the basis thereof, he may
already make a personal determination of the existence of probable
cause;
o But the judge cannot rely solely on the prosecutors
certification or recommendation that probable cause exists
the judge must evaluate the (a) report, (b) affidavits, (c)
transcripts of stenographic notes, if any, and (d) all other
supporting documents behind the certification or
recommendation
(2) If he is not satisfied that probable cause exists, the judge may
disregard the report and require the submission of supporting
affidavits of witnesses to aid him in arriving at a conclusion as to the
existence of probable cause
*But the judge is not required to personally examine the
complainant and his witness and on the basis thereof issue the
warrant
-Probable cause
Such facts and circumstances antecedent to the issuance of a warrant
that are in themselves sufficient to induce a cautious man to rely
upon them
-Probable cause for the issuance of a warrant of arrest
Such facts and circumstances which would lead a reasonably
discreet and prudent man to believe that an offense has been
committed by the person sought to be arrested
-Probable cause for a search warrant
Such facts and circumstances which would lead a reasonably
discreet and prudent man to believe that an offense has been
committed and that the objects sought in connection with the offense
are in the place sought to be searched
-Particularity of description in a warrant
The description in the warrant is as specific as the circumstances
will ordinarily allow and by which the warrant officer may be
guided in making the search, seizure, or arrest
o *But technical precision of description is not required where
by the nature of the goods to be seized, their description
must be rather general; otherwise no warrant could issue
o Also, a John Doe warrant may issue if it satisfies the
requirement of particularity, where it contains a desciptio
personae that will enable the officer to identify the accused
-Exceptions that would allow examination of bank deposits:
(1) Where the depositor consents in writing
(2) Impeachment cases
(3) By court order in bribery or dereliction of duty cases against
public officials
(4) Where the deposit is the subject of litigation
(5) In cases of unexplained wealth under Sec. 8, RA 3019
-Allowable warrantless searches (I-P-V-C-C-S-E-C-A-P):
(1) Warrantless search incidental to a lawful arrest, provided that:
o (a) The item to be searched was within the arrestees
custody or area of immediate control; and
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 o (b) The search is contemporaneous with the arrest
(2) Seizure of evidence in plain view, provided that:
o (a) There is a prior valid intrusion into a place
o (b) The evidence was inadvertently discovered by the
police, who had the right to be where they are
o (c) The illegality of the evidence must be immediately
apparent;
o (d) The illegality of the evidence must be noticed without
further search
(3) Search of a moving vehicle, provided that:
o There is a highly reasonable suspicion amounting to
probable cause that the occupant committed a criminal
activity
(4) Consented warrantless search, provided that:
o (a) The right exists
o (b) That the person involved had knowledge, either actual
or constructive, of the existence of such right; and
o (c) That said person had an actual intention to relinquish the
right
(5) Customs searches or seizure of goods concealed to avoid duties
(6) Stop and frisk situations, provided that:
o A genuine reason must exist in light of the police officers
experience and surrounding conditions to warrant the belief
that the person to be searched has weapons concealed about
him while probable cause is not required to conduct a stop
and frisk, a mere suspicion or hunch will not invalidate it
either
o (a) Where a police officer observes unusual conduct, which
leads him reasonably to conclude in light of his experience
that criminal activity may be afoot and that the person with
whom he is dealing may be armed and presently dangerous,
(b) where in the course of investigation of his behavior he
identifies himself as a policeman and makes reasonable
inquiries, and (c) where nothing in the initial stages of the
encounter serves to dispel his reasonable fear for his own or
others safety, he is entitled, for the protection of himself
and others in the area, to conduct a carefully limited search
of the outer clothing of such persons in an attempt to
discover weapons which might be used to assault him
(7) Exigent and emergency circumstances
(8) Searches at checkpoints
(9) Airport searches
(10) Warrantless search by a private individual
o JT: However, such private person may be liable for damages
under the Civil Code
-Allowable warrantless arrest:
(1) When, in his presence, the person to be arrested has committed,
is actually committing, or attempting to commit an offense
o The overt act must be done in the presence or within the
view of the law enforcement officer
o JT: Note the continuing crimes under the Revised Penal
Code, e.g., rebellion, subversion, etc.
(2) When an offense has in fact been committed and the arresting
officer has personal knowledge of facts indicating that the person to
be arrested has committed it
(3) When the person to be arrested is a prisoner who has escaped
from a penal establishment or place where he is serving final
judgment or temporarily confined while his case is pending, or has
escaped while being transferred from one confinement to another
-Prior restraint
Official government restrictions on the press or other forms of
expression in advance of actual publication or dissemination
o For example: system of licensing administered by an
executive officer, movie censorship, judicial injunction
against publication, etc.
As a rule, any system of prior restraint comes to court bearing a
heavy presumption against its constitutionality, except:
o (1) When a nation is at war, the government may prevent
actual obstruction to its recruiting service or the publication
of the sailing dates of transports, as well as the number and
location of troops
o (2) Primary requirements of decency may be enforced
against obscene publications
o (3) The security of community life may be protected against
incitements to acts of violence and the overthrow of orderly
government by force
o (4) The regulatory power of COMELEC under Sec. 4, Art.
9(c) during elections, where COMELEC can ensure:
(1) Equal opportunity, time, space, and the right to
reply; and
Jech Tiu
 (2) Reasonable rates of charges for the use of media
facilities for public information and forums among
candidates
o (5) Defamatory speech, e.g., libel or slander
-Qualified privileged communications
(1) A private communication made by any person to another in the
performance of any legal, moral, or social duty
(2) A fair and true report, made in good faith, without any comment
or remarks, of any judicial, legislative, or other official proceedings
which are not of confidential nature; or of any statement, report, or
speech delivered in said proceedings; or of any other act performed
by public officers in the exercise of their functions
(3) Fair commentaries on matters of public interest
o The doctrine of fair comment means that while in general,
(a) every discreditable imputation publicly made is deemed
false as every man is presumed innocent until his guilt is
judicially proved and (b) every false imputation is deemed
malicious, nevertheless, when the discreditable imputation
is directed against a public person in his public capacity, it
is not necessarily actionable
Except when it is a false allegation of fact or a
comment based on a false supposition.
Likewise, if the comment is an expression of
opinion, based on facts, then it is immaterial that the
opinion happens to be mistaken as long as it might
reasonably be inferred from the facts
-Content-neutral regulation vs. Content-based restraint:
A content-neutral regulation is merely concerned with the incidents
of the speech or a regulation that only controls the time, place, or
manner of the expression under well-defined standards; while a
content-based restraint is a restriction based on the subject matter of
the utterance or speech
When the speech restrained takes the form of a content-neutral
regulation, only a substantial governmental interest is required for
its validity; but where a governmental action restricts freedom of
speech or of the press based on content, the strictest scrutiny in
light of its inherent and invasive impact is required
As content-neutral regulations are not designed to suppress any
particular message, they are not subject to the strictest form of
judicial scrutiny, but an intermediate approachsomewhere
between the mere rationality that is required of any other law and
the compelling interest standard applied to content-based
restrictions; while in content-based restraints, only when the
challenged act has overcome the clear and present danger rule
will it pass constitutional muster, with the government having the
burden of overcoming the presumed unconstitutionality restraint will
be struck down
-Intermediate approach test for content-neutral regulation (C-S-U-G):
(1) It is within the constitutional power of the Government;
(2) It furthers an important or substantial governmental interest;
(3) The governmental interest is unrelated to the suppression of free
expression; and
(4) The incident restriction on freedom of speech and expression is no
greater than is essential to the furtherance of that interest
*The test is intermediate because the court will not merely
rubberstamp the validity of a law, but will also require that the
restrictions be narrowly-tailored to promote an important or
substantial governmental interest that is unrelated to the suppression
of expression
-Strict scrutiny test for content-based restrictions:
(1) The government must show the type of harm that the speech
sought to be restrained would bring about, especially the gravity and
the imminence of the threatened harm; otherwise, the restraint
would be invalid
(2) The restraint may be justified only by showing a substantive and
imminent evil that has taken the life of a reality on ground
(3) The regulation that restricts the speech content must serve an
important or substantial governmental interest that is unrelated to
the suppression of free speech
(4) The incidental restriction on speech must be no greater than what
is essential to the furtherance of that interest
o A restriction that is so broad that it encompasses more than
what is required to satisfy the governmental interest will be
invalidated
o The regulation must be reasonable and narrowly drawn to fit
the regulatory purpose, with the least restrictive means
undertaken
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-Dangerous tendency rule -Actual malice
Speech may be curtailed or punished when it creates a dangerous That the actor made the speech (a) with knowledge that it was false
tendency that the State has the right to prevent or (b) with reckless disregard of whether it was false or not
o There must be a rational connection between (a) the speech A public official or private sector public figure is prohibited from
restrained and (b) the evil apprehended recovering damages for a defamatory falsehood relating to his
official conduct or public life, as the case may be, unless it is
-Clear and present danger rule proven that the statement was made with actual malice
Whether the words used are used in such circumstances and are of
such a nature as to create a clear and present danger that they will -Requisites for a valid regulation of symbolic speech:
bring about the substantive evils that the State has the right to (1) The regulation of the non-speech element is within the
prevent governmental power of government
o The speech must be tested against the standards of (2) It furthers a substantial governmental interest unrelated to the
proximity and degree or gravity of the evil, such that the suppression of the free expression
invasion of free speech is necessary to avoid the danger (3) The incidental restriction on the alleged freedom is no greater
o The evil consequences sought to be prevented must be than is essential to that interest
substantive, extremely serious, and the degree of imminence *When speech and non-speech elements are combined in the same
extremely high course of conduct, a sufficiently important governmental interest in
regulating the non-speech element can justify incidental limitations
-Balancing of interests rule on free speech
Rests on the theory that it is the function of the court in the case
before it when it finds public interests served by legislation on the -Test for obscenity in speech:
one hand and freedom of speech affected by it on the other, to (1) Whether the average person, applying contemporary community
balance one against the other and to arrive at a judgment where the standards, would find that the work, taken as a whole, appeals to the
greater weight shall be placed prurient interests
Used as a standard when courts need to balance conflicting social (2) Whether the work depicts or describes, in a patently offensive
values and individual interests, and requires a conscious and way, sexual conduct specifically defined by the applicable state law;
detailed consideration of the interplay of interests observable in a and
given situation (3) Whether the work, taken as a whole, lacks serious literary,
o Used for legislation where the object is not the prevention of artistic, political, or scientific value
evil measurable in terms of proximity and degree, e.g.,
commercial speech -Rules on assembly and petition
(1) The applicant who desires to hold an assembly should inform the
-Graduation of tests: licensing authority of the date when, the public place where, and the
Rational Basis Scrutiny Intermediate Scrutiny Strict Scrutiny time when the assembly will take place
The challenged The challenged The challenged (2) The application should be filed well ahead in time to enable the
classification has to be classification is at least classification is public official concerned to appraise whether there may be valid
rationally related to substantially related to necessary to achieve a objections to the grant of the permit or to its grant, but in another
serving a legitimate serving an important compelling state public place
state interest state interest interest and that is the (3) It is an indispensable condition to such refusal or modification
least restrictive means by the licensing authority that the clear and present danger test be
to protect such interest
the standard of the decision reached
Jech Tiu
 (4) Where the public authority is of the view that there is such an
imminent and grave danger of a substantive evil, the applicants must
be heard on the matter
(5) Thereafter, the decision of the public authority, whether
favorable or adverse, must be transmitted to the applicants at the
earliest opportunity, so that the applicant can have recourse to the
proper judicial authority, if so minded
-Non-establishment clause
Prohibits the establishment of any religion
A state cannot set up a church, pass laws which aid one religion or
all regions, prefer one religion over another, or participate in the
affairs of any religious organization or group
-Requisites for allowable governmental aid to religion (S-P-E):
(1) Must have a secular legislative purpose
(2) Must have a primary effect that neither advances nor inhibits
religion
(3) Must not require excessive entanglement with the recipient
institution
-Ecclesiastical affairs
Concerns doctrine, creed, or form of worship of the church
Concerns the adoption and enforcement, within a religious
association, of needful laws and regulations for the government of
the membership
Concerns the power of excluding from such associations those
deemed unworthy of membership
-Free exercise clause
Guarantees the free exercise of religion
-Requisites for a valid regulation of the free exercise clause:
(1) The law must not be specifically directed to religious practice
(2) The law is otherwise constitutional as applied to those who
engage in the specific act for non-religious reasons
-Compelling state interest for purposes of religious freedom:
(1) The court should look into the sincerity of the religious belief
without inquiring into the truth of such belief
(2) The state has to establish that its purposes are legitimate and
compelling
(3) The state has to establish that it has used the least intrusive
means possible
-Recognized limitations to the exercise of the right to information and
the state policy of full public disclosure:
(1) National security matters
(2) Trade secrets
(3) Banking transactions
(4) Criminal matters or classified law enforcement matters, such as
those relating to the apprehension, prosecution, and detention of
criminals, which the courts may not inquire into prior to such arrest,
prosecution, or detention
(5) Confidential or classified information officially known to public
officials and employees by reason of their office and not made
available to the public
(6) Diplomatic correspondence
(7) Closed-door cabinet meetings
(8) Executive sessions of either house of Congress
(9) Internal deliberations of the Supreme Court
-Circumstances that constitute taking for purposes of eminent
domain:
(1) The expropriator must enter upon private property
(2) The entrance must not be for a momentary period the entrance
must be permanent
(3) The entry must be under warrant or color of legal authority
(4) The property must be devoted to public use or otherwise
informally appropriated or injuriously affected
(5) The utilization of the property must be in such a way as to oust
the owner and deprive him of all beneficial enjoyment of the
property
*When the national government exercises the power of eminent
domain, immediate entry may be authorized upon the making of a
deposit equivalent to the assessed value of the property subject of
expropriation
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-Police power vs. Power of eminent domain
In exercising police power, the State regulates or may even destroy
private property, but there is no transfer of ownership nor
compensation; whereas in exercising the power of eminent domain,
ownership of the private property is transferred to the State and the
owner of the private property must be compensated
-Matters that the courts may inquire into in the exercise of the power of
eminent domain
(1) Adequacy of the just compensation
(2) Public use character or the purpose of the taking
(3) Necessity of the taking
o Except when the power of eminent domain is directly
exercised by Congress, the determination of such necessity
becomes a political question
-Ways by which a law can impair the obligation of contracts
(1) The law changes the terms of a legal contract between the
parties, either in the time or mode of performance
(2) The law imposes new conditions
(3) The law dispenses with the conditions expressed in the contract
(4) The law authorizes, for the satisfaction of the contract,
something different from that provided in its terms
-At what point does Sec. 12, Art. 3 become operative?
(1) When the investigation is no longer a general inquiry into an
unsolved crime, but has begun to focus on a particular suspect
(2) The suspect has been taken into custody; and
(3) The police carry out a process of interrogation that lends itself to
eliciting incriminating statements
-Counsel provided by the investigators is deemed engaged by the accused
when:
(1) The accused never raised any objection against the lawyers
appointment during the course of the investigation; and
(2) The accused thereafter subscribes to the veracity of his statement
before the swearing officer
-Admission vs. Confession
An admission is the declaration or omission of a party as to a
relevant fact; whereas confession is the declaration of an accused
acknowledging his guilt of the offense charged or of any offense
necessarily included therein
-Requisites for an extrajudicial confession to be admissible in evidence:
(1) The confession must be voluntary
(2) The confession must be made with the assistance of competent
and independent counsel
(3) The confession must be express
(4) The confession must be in writing
(5) The confession must be signed or, if the confessant does not
know how to read and write, thumbmarked by him
-Bail
Mode short of confinement which would, with reasonable certainty,
insure the attendance of the accused at his trial, generally taking the
form of a deposit of money or its equivalent as a guarantee of such
attendance and which deposit is forfeited upon failure of the accused
to appear for trial
General rule: All persons actually detained shall, before conviction,
be entitled to bail as a matter of right
o Except when:
(1) The person is charged with offenses punishable
by reclusion perpetua, life imprisonment, or death
and the evidence of guilt is strong
(2) Members of the AFP facing court martial
proceedings
(3) During appeal after conviction by the trial court,
bail becomes a matter of discretion
-Duties of the trial judge in case an application for bail is filed by an accused
charged with a capital offense
(1) Notify the prosecutor of the hearing of the application for bail or
require the prosecutor to submit his recommendation
(2) Conduct a hearing of the application for bail, regardless of
whether or not the prosecution refuses to present evidence to show
that the guilt of the accused is strong, for the purpose of enabling the
court to exercise its sound discretion
(3) Decide whether the evidence of guilt of the accused is strong
based on the summary of evidence of the prosecution
Jech Tiu
 o The hearing is mandatory in nature, with the participation of
both the defense and the prosecution, to ascertain whether or
not the evidence of guilt is strong
o The burden of proof is on the prosecution to show that the
evidence meets the required quantum
o The prosecution must be given an opportunity to present,
within a reasonable time, all the evidence that it may want
to introduce before the court may resolve the application
(4) If the guilt of the accused is not strong, discharge the accused
upon the approval of the bail bond; otherwise, the petition for bail
should be denied
o The order granting or refusing bail should contain a
summary of the evidence for the prosecution, followed by
its conclusion as to whether or not the evidence of guilt is
strong
-Proof evident in bail cases
Clear and strong evidence which leads a well-guarded dispassionate
judgment to the conclusion (a) that the offense has been committed
as charged, (b) that the accused is the guilty agent, and (c) that the
will probably be punished capitally if the law is administered
-Presumption great in bail cases
Exists when the circumstances testified to are such that the inference
of guilt naturally to be drawn therefrom is strong, clear, and
convincing to an unbiased judgment and excludes all reasonable
probability of any other conclusion
o Even though there is a reasonable doubt as to the guilt of the
accused, if, on examination of the entire record the
presumption is great that the accused is guilty of a capital
offense, then bail should be refused
-Recognizance
An obligation of record entered into before a court guaranteeing the
appearance of the accused for trial it is in the nature of a contract
between (a) the surety and (b) the state
-Factors that must be considered in determining bail
(1) Ability to post bail
(2) Nature of the offense
(3) Penalty imposed by law
(4) Character and reputation of the accused
(5) Health of the accused
(6) Strength of the evidence
(7) Probability of appearing for trial
(8) Forfeiture of bonds
(9) Whether or not the accused was a fugitive from justice when
arrested
(10) Whether or not the accused is under bond in other cases
-When is a provision constituting prima facie evidence of guilt
compatible with the presumption of innocence?
When (a) the fact presumed is but a natural inference from (b) the
fact proved, so that it cannot be said that there is no rational
connection between the two or that the inference is unreasonable or
arbitrary due to the lack of connection between the two in common
experience
There is no constitutional objection to a law (a) providing that the
presumption of innocence may be overcome by a contrary
presumption founded upon the experience of human conduct and (b)
enacting what evidence shall be sufficient to overcome such
presumption of innocence
-Equipoise rule
Where the evidence of the parties in a criminal case is evenly
balanced, the Constitutional presumption of innocence should tilt the
scales in favor of the accused
-Conditions for the waiver of the right of the accused to be present at
the trial (A-I-A):
(1) The accused must be duly arraigned; and
(2) That, notwithstanding the waiver, the accused may be compelled
to appear for the purpose of identification by the witnesses of the
prosecution; or
(3) That the accused unqualifiedly admits, in open court, that he is
the person named as the defendant in the case on trial and that every
time a witness mentions a name by which he is known, the witness
is to be understood as referring to him
-Duties of the trial judge prior to arraignment:
(1) Inform the accused that he has the right to have his own counsel
before being arraigned
Jech Tiu
 (2) After giving such information, ask the accused whether or not he
desires the aid of counsel
(3) If the accused so desires to procure the services of counsel, the
court must grant him reasonable time to do so
(4) If the accused so desires to have counsel but is unable to employ
one, the court must assign counsel de oficio to defend him
-Factors to be considered in determining whether or not there has been
a violation of the right to speedy trial:
(1) Length of delay
(2) Reason for the delay
(3) Effort of the defendant to assert his right
(4) The prejudice caused the defendant
-Writ of habeas corpus
A writ directed to the person detaining another, commanding him (a)
to produce the body of the prisoner at a designated time and place,
(b) with the day and cause of his caption and detention, (c) to do,
submit to, and receive whatever the court or judge awarding the writ
shall consider in that behalf
-Examples of body or object evidence that do not violate the right
against self-incrimination:
The admission of substance emitting from the accused in a
prosecution for acts of lasciviousness
Morphine forced out of the mouth of the accused
Order by the judge for the witness to put on a pair of pants for size
A woman accused of adultery to submit to a pregnancy test
The taking of pictures of an accused
-Involuntary servitude
Every condition of enforced or compulsory service of one to another
no matter under what form such servitude may be disguised
-Cruel, degrading, or inhuman punishment
Punishment that is flagrantly and plainly oppressive, wholly
disproportionate to the nature of the offense as to shock the moral
sense of the community; or when the punishment involves torture or
lingering death
-Requisites before Congress can re-impose the death penalty
(1) Congress define or describe what is meant by heinous crimes
(2) Congress specify and penalize by death, only crimes that qualify
as heinous in accordance with the definition or description set in the
death penalty bill and/or designate crimes punishable by reclusion
perpetua to death in which latter case, death can only be imposed
upon the attendance of circumstances duly proven in court that
characterize the crime to be heinous in accordance with the
definition or description set in the death penalty bill; and
(3) Congress, in enacting the death penalty bill, be singularly
motivated by compelling reasons involving heinous crimes
*But neither the legislative qualification nor designation of the
crime as heinous nor the imposition of the death penalty per se
should be conclusive upon the courts, such that the courts are not
precluded, given mitigating factors or conditions duly established in
evidence, (a) from declaring that the crime charge is, in fact, non-
heinous in character or (b) from concluding that no compelling
reasons exist to warrant the imposition of the death penalty
-Heinous crimes under RA 7659
Crimes are heinous for being grievous, odious, and hateful offenses
and which, by reason of their inherent or manifest wickedness,
viciousness, atrocity, and perversity, are repugnant and outrageous
to the common standards and norms of decency and morality in a
just, civilized, and ordered society
-Non-imprisonment for debt
No person may be imprisoned for debt in virtue of an order in a civil
proceeding either as a substitute for satisfaction of a debt or as a
means of compelling satisfaction
-Instances when the second offense is the same as the first offense for
purposes of double jeopardy:
When the evidence needed in the one case will support a conviction
in the other
When the offense is identical with the other
When the offense is an attempt or frustration of the other
When the offense necessarily includes or is necessarily included in
the other
Jech Tiu
-Ex post facto law
Which makes an action done before the passing of the law and
which was innocent when done, criminal and punishes such action
Which aggravates a crime or makes it greater than when it was
committed
Which changes the punishment and inflicts greater punishment than
the law annexed to the crime when it was committed
Which alter the legal rules of evidence and receives less or different
testimony than the law required at the time of the commission of the
offense in order to convict the defendant
Assumes to regulated civil rights and remedies only, but, in effect,
imposes a penalty or deprivation of a right which, when done, was
lawful
Deprives a person accused of a crime of some lawful protection to
which he has become entitles
-When is a law penal for purposes of the prohibition against ex post facto
laws?
When it prescribes a criminal penalty imposed in a criminal trial; or
when it prescribes a burden equivalent to a criminal penalty, even if
the burden is imposed in an administrative proceeding
-Bill of attainder
A legislative act that applies (a) to named individuals or (b) to easily
ascertainable members of a group, which inflicts punishment
without judicial trial
-Requirements of a bill of attainder
(1) There must be a law
(2) The law imposes a penal burden on a named individual or easily
ascertainable members of a group
(3) The penal burden is imposed directly by law without judicial
trial
-Modes of acquiring citizenship:
Jus sanguinis
o Acquisition of citizenship on the basis of blood relationship
o If a child is born under the 1973 or 1987 Constitution and
either his father or mother is a Filipino citizen at the time of
his birth, then the child is a Filipino citizen, no matter where
he may be born
Jus soli
o Acquisition of citizenship on the basis of the place of birth
Naturalization
o The legal act of adopting an alien and clothing him with the
privileges of a native born citizen
o Naturalization may take place either (a) by complying with
the substantive and procedural requirements of a general
naturalization law or (b) by a special act of the legislature
-Citizens of the Philippines at the time of the adoption of the 1973
Constitution:
(1) Those who were citizens of the Philippines at the time of the
adoption of the 1973 Constitution
(2) Those whose fathers or mothers are citizens of the Philippines
(3) Those who were citizens of the Philippines at the time of the
adoption of the 1935 Constitution
(4) Those born in the Philippines of foreign parents who, before the
adoption of the 1973 Constitution, had been elected to public office
in the Philippines
(5) Those whose mothers are citizens of the Philippines and, upon
reaching the age of majority, elect Philippine citizenship
o Requisites of the election of Philippine citizenship:
(1) Statement of election under oath
(2) Oath of allegiance to the Constitution and
Government of the Philippines; and
(3) Registration of the statement of election and of
the oath with the nearest civil registry
(4) Registration must be made within a reasonable
period after reaching the age of majority
JT: Such reasonable period has been
interpreted to mean within 3 years from
reaching the age of majority
o *This applies only to those children who have not yet
reached the age of majority at the time of the effectivity of
the 1973 or 1987 Constitution
o *Also, no election of Philippine citizenship shall be
accepted for registration under CA 625, unless the party
exercising the said right has complied with the requirements
of the Alien Registration Act of 1950
The party electing should have first registered as an
alien and thereafter file a petition with the Bureau of
Jech Tiu
 Immigration, subject to review by the Department
of Justice, for the cancellation of his alien certificate
of registration due to the election of Philippine
citizenship
(6) Those who are naturalized in accordance with law
-Kinds of naturalization laws and procedures have been used in the
Philippines
(1) General law of naturalization applied through judicial process
o Substantive requirements for naturalization under CA 473
Age
Residence
Moral character
Political belief
Real property or lucrative occupation
Language
Education of children
o Procedural requirements for naturalization under CA 473
Declaration of intention
Filing of petition
Hearing and initial judgment
Period of probation
Rehearing and final judgment
o The legitimate minor children of the naturalized father
generally become citizens of the Philippines
o The spouse of the naturalized husband becomes a Filipino
citizen upon showing that she has none of the
disqualifications found in CA 473 in an administrative
procedure for the cancellation of her alien certificate of
registration
(2) Special naturalization law, i.e., an act of the legislature making a
named individual a citizen of the Philippines
(3) Mass naturalization law
(4) General law of naturalization applied through a combination of
administrative and presidential legislative process
(5) Administrative naturalization law
o Substantive requirements under RA 3139
Applicant must be born in the Philippines and
residing therein since birth
Applicant must not be less than 18 years of age at
the time of the filing of his/her petition
Applicant must be of good moral character
Applicant must believe in the underlying principles
of the Constitution
Applicant must have conducted himself/herself in a
proper and irreproachable manner during his/her
entire period of residence in the Philippines in his
relation with the duly constituted government, as
well as with the community in which he/she is
living
Applicant must have received his/her primary and
secondary education in any public or private
education institution duly recognized by the DECS,
where Philippine history, government, and civics
are taught and prescribed as part of the school
curriculum and where enrollment is not limited to
any race or nationality
Should the applicant have minor children of
school age, he/she must have enrolled them
in similar schools
Applicant must have a known trade, business,
profession, or lawful occupation, from which he/she
derives income sufficient for the support of him/her
and/or his/her dependents, if any
But this shall not apply to applicants who
are college degree holders but are unable to
practice their profession because they are
disqualified to do so by reason of their
citizenship
Applicant must be able to read, write, and speak
Filipino or any of the dialects of the Philippines
Applicant must have mingled with the Filipinos and
evinced desire to learn and embrace the customs,
traditions, and ideals of the Filipino people
o The minor children and spouse of the naturalized husband
may file a petition for cancellation of their alien certificates
of registration
o The minor children of a naturalized wife may file a petition
for cancellation of their alien certificate of registration
-When may a certificate of naturalization be cancelled?
(1) If it is shown to have been obtained fraudulently or illegally
Jech Tiu
 (2) If the person naturalized shall, within the 5 years next following
the issuance of the naturalization certificate, return to his native
country or to some foreign country and establish his permanent
residence there
o The fact of the person naturalized remaining for more than
one year in his native country or the country of his former
nationality, or two years in any other foreign country, shall
be considered as prima facie evidence of his intention of
taking up his permanent residence in the same
(3) If the petition was made on an invalid declaration of intention
(4) If it is shown that the minor children of the person naturalized
failed to graduate from a public or private high schools recognized
by the DECS, where Philippine history, government and civics are
taught as part of the school curriculum, through the fault of their
parents either (a) by neglecting to support them or (b) by
transferring hem to another school or schools
(5) If it is shown that the naturalized citizen has allowed himself to
be used as a dummy requiring Philippine citizenship as a requisite
for the exercise, use, or enjoyment of a right, franchise, or privilege
-How may citizenship be lost?
(1) By naturalization in a foreign country
(2) By express renunciation of citizenship
(3) By subscribing to an oath of allegiance to support the
Constitution or laws of a foreign country upon attaining 21 years of
age or more
o But a Filipino may not divest himself of Philippine
citizenship in any manner while the Philippines is at war
with any country
(4) By rendering services to or accepting commission in the armed
forces of a foreign country
o But (i) the rendering of service to or the acceptance of such
commission in the armed forces of a foreign country and the
(ii) taking of an oath of allegiance incident thereto, with the
consent of the Philippines, shall not divest a Filipino of his
Philippine citizenship, if either of the following
circumstances is present:
(a) The Philippines has a defensive and/or offensive
pact of alliance with the said foreign country
(b) The said foreign country maintains armed forces
on Philippine territory with the consent of the
Philippines, provided that the Filipino citizen
concerned, at the time of rendering said service or
acceptance of said commission and taking the oath
of allegiance incident thereto, states that he does so
only in connection with his service to said foreign
country
That any Filipino citizen who is rendering service to
or is commissioned in the armed forces of a foreign
country under any of the circumstances mentioned
in (a) or (b), shall not be permitted to participate nor
vote in any election of the Philippines during the
period of his service to or commission in the armed
forces of said foreign country
Upon his discharge from the service of the
said foreign country, he shall be
automatically entitled to the full enjoyment
of his civil and political rights as a Filipino
citizen
(5) By cancellation of the of the certificates of naturalization
(6) By having been declared by competent authority, a deserter of
the AFP in time of war, unless a plenary pardon or amnesty has been
granted subsequently
(7) In the case of a woman, upon her marriage to a foreigner if, by
virtue of the laws in force in her husband's country, she acquires his
nationality
-How may lost citizenship be reacquired?
(1) Naturalization
(2) Repatriation
o The recovery of original citizenship
o Repatriation shall be effected by merely (a) taking the
necessary oath of allegiance to the Philippines and (b)
registering the same in the proper civil registry and in the
Bureau of Immigration, which shall cancel the alien
certificate or registration and issue the certificate of
identification as Filipino citizen to the repatriated citizen
o In the case of natural born citizens, the effective date of the
repatriation when approved is the date of the application for
repatriation
(3) Special act of the legislature
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-Who may be repatriated?
(1) Women who have lost their citizenship by marriage to an alien
(2) Deserters of the Army, Navy, or Air Corp
(3) Those who lost citizenship for political or economic reasons
Civil and Political Rights and Liabilities
-When may the doctrine of res judicata apply in cases of citizenship as
an exception to the general rule?
(1) A persons citizenship be raised as a material issue in a
controversy where said person is a party
(2) The OSG or his authorized representative took active part in the
resolution thereof; and
(3) The finding on citizenship is affirmed by the Supreme Court
-RA 9225 (Dual Citizenship Law)
Two classes of persons governed by RA 9225:
o (1) Filipinos who have lost their citizenship prior to the
enactment of RA 9225
Natural-born Philippine citizenship lost by reason of
naturalization in a foreign country is deemed
reacquired upon taking an oath of allegiance to
the Philippines and such person is deemed never to
have lost his Philippine citizenship
"I _____________________, solemnly
swear (or affirm) that I will support and
defend the Constitution of the Republic
of the Philippines and obey the laws
and legal orders promulgated by the
duly constituted authorities of the
Philippines; and I hereby declare that I
recognize and accept the supreme
authority of the Philippines and will
maintain true faith and allegiance
thereto; and that I imposed this
obligation upon myself voluntarily
without mental reservation or purpose
of evasion."
o (2) Filipinos who become citizens of another country after
the effectivity of RA 9225
Such natural-born Filipinos shall retain their
Philippine citizenship upon taking the
abovementioned oath
Derivate citizenship
o The unmarried child, whether legitimate, illegitimate, or
adopted, below 18 years of age, of those who reacquire
Philippine citizenship upon the effectivity of RA 9225 shall
be deemed citizens of the Philippines
o Those who reacquire or retain Philippine citizenship under
RA 9225 shall enjoy full civil and political rights and be
subject to all attendant liabilities and responsibilities under
existing laws of the Philippines:
(1) Those intending to exercise their right of
suffrage must meet the requirements under Sec. 1,
Art. 5 of the Constitution, RA 9189 (Overseas
Absentee Voting Act of 2003), and other existing
laws;
(2) Those seeking elective public in the Philippines
shall (a) meet the qualification for holding such
public office as required by the Constitution and
existing laws and, (b) at the time of the filing of the
certificate of candidacy, make a personal and sworn
renunciation of any and all foreign citizenship
before any public officer authorized to administer
an oath;
(3) Those appointed to any public office shall
subscribe and swear to an oath of allegiance to the
Philippines and its duly constituted authorities prior
to their assumption of office
Provided that they renounce their oath of
allegiance to the country where they took
that oath
(4) Those intending to practice their profession in
the Philippines shall apply with the proper authority
for a license or permit to engage in such practice
(5) That right to vote or be elected or appointed to
any public office in the Philippines cannot be
exercised by or extended to those who:
(a) Are candidates for or are occupying any
public office in the country of which they
are naturalized citizens; and/or
(b) Are in active service as commissioned
or non-commissioned officers in the armed
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 forces of the country, which they are
naturalized citizens
-Domicile for purposes of Election Law
(a) Intention to reside in a fixed place and (b) personal presence in
that place, coupled with (c) conduct indicative of such intention
-Requisites to acquire a domicile by choice
(1) Actual residence or bodily presence in the new locality
(2) An intention to remain the new locality for an indefinite period
of time
(3) An intention to abandon the old domicile
*The change of residence must, of course, be voluntary
-Overseas absentee voting under RA 9189:
Overseas Absentee Voter refers to a citizen of the Philippines who is
qualified to register and vote under RA 9189, not otherwise
disqualified by law, who is abroad on the day of elections
All citizens of the Philippines abroad, who are (a) not otherwise
disqualified by law, (b) at least 18 years of age on the day of
elections, may vote for the following positions:
o President
o Vice-president
o Senators; and
o Party-list representatives
*This rule applies to those who have not lost their domicile in the
Philippines
-Persons disqualified under RA 9189, as amended by RA 10590:
(1) Those who have lost their Filipino citizenship in accordance with
Philippine laws
(2) Those who have expressly renounced their Philippine citizenship
and who have pledged allegiance to a foreign country
o Except dual citizens
(3) Those who have committed and are convicted by final judgment
by a Philippine court or tribunal of an offense punishable by
imprisonment of not less than 1 year, such disability not having been
removed by plenary pardon or amnesty
(4) An immigrant or a permanent resident who is recognized as such
in the host country, unless he/she executes, upon registration, an
affidavit prepared by the COMELEC, declaring that he/she shall
resume actual physical permanent residence in the Philippines not
later than 3 years from approval of his/her registration
o Such affidavit shall also state that he/she has not applied for
citizenship in another country
o If no affidavit is filed or if after filing the affidavit the
person does not reestablish physical residence within 3
years, then the name of the person shall be removed from
the National Registry of Absentee Voters and he/she shall
be permanently disqualified to vote in absentia
o *The affidavit is meant to be a statement that he/she never
intended to abandon his/her domicile in the Philippines
(5) Any citizen of the Philippines abroad previously declared insane
or incompetent by competent authority in the Philippines or abroad,
as verified by the Philippine embassies, consulates or foreign service
establishments concerned, unless such competent authority
subsequently certifies that such person is no longer insane or
incompetent
-Persons disqualified from voting under the Omnibus Election Code:
(1) Any person who has been sentenced by final judgment to suffer
imprisonment of not less than 1 year, such disability not having been
removed by plenary pardon
o But such person shall automatically reacquire the right to
vote upon the expiration of 5 years after service of sentence
(2) Any person who has been adjudged by final judgment by a
competent court of having violated his allegiance to the Philippines
(3) Insane or incompetent persons as declared by competent
authority
-Deactivation of registration in the list of voters under RA 8189:
(1) Any person who has been sentenced by final judgment to suffer
imprisonment of not less than 1 year, such disability not having been
removed by plenary pardon
(2) Any person who has been adjudged by final judgment by
competent court of having violated his allegiance to the Philippines
(3) Insane or incompetent persons as declared by competent
authority
(4) Any person who did not vote in the 2 successive preceding
regular elections
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 (5) Any person whose registration has been ordered excluded by the
court
(6) Any person who has lost his Philippine citizenship
(7) Voters who fail to submit for validation on or before the last day
of filing of application for registration for purposes of the May 2016
election (RA 10367)
-Eviction and demolition in accordance with law and in a just and human
manner under Sec. 10, Art. 13
The person to be evicted has to be accorded due process or an
opportunity to controvert the allegation that his occupation or
possession of the property involved is unlawful or against the will of
the landowner; that should the illegal or unlawful occupation be
proven, the occupant be sufficiently notified before actual eviction
or demolition is done; and there be no loss of lives, physical injuries,
or unnecessary loss of or damage to properties
-Due process in disciplinary action against students:
(1) The students must be informed in writing of the nature and cause
of any accusation against them
(2) The students shall have the right to answer the charges against
them, with the assistance of counsel, if desired
(3) The students shall be informed of the evidence against them
(4) The students shall have the right to adduce evidence in their own
behalf
(5) The evidence must be duly considered by the investigating
committee or official designated by the school authorities to hear
and decide the case
*The proceedings may be summary and cross-examination of
witnesses is not an essential part thereof
-Instances when schools may take disciplinary actions for acts committed
outside of the campus:
(1) With respect to violations of school policies in connection with
school sponsored activities
(2) Where the misconduct affects the students status or the good
name or reputation of the school
-Due process for students vis--vis academic freedom of schools:
An institution of learning has a contractual obligation to afford its
students a fair opportunity to complete the course they seek to
pursue, but when a student commits a serious breach of discipline or
fails to maintain the required academic standard, then the student
forfeits his contractual right; and the courts should not review the
discretion of university authorities
-Academic freedom
As applied to faculty
o (1) The teacher is entitled to full freedom in research and in
the publication of the results, subject to adequate
performance of his other academic duties
o (2) The teacher is entitled to freedom in the classroom in
discussing his subject, but he should be careful not to
introduce into his teachings controversial matters which
have no relation to the subject
o (3) The teacher is a citizen, a member of a learned
profession, and an officer in an educational institution
When he speaks or writes as a citizen, he should be
free from institutional censorship or discipline
As a man of learning and an education officer, he
should remember that the public may judge his
profession and his institution by his utterances
As applied to institutions of higher learning
o It is the business of a university to provide that atmosphere
which is most conducive to speculation, experiment, and
creation an atmosphere in which there can prevail the four
essential freedoms of a university:
(a) To determine for itself, on academic grounds,
who may teach
Includes the right to provide standards for
its teachers and to determine whether or not
such standards have been met
(b) To determine what may be taught
(c) To determine how it shall be taught
(d) To determine who may be admitted to stay
Includes the right to determine who may be
granted degrees
Includes the right to discipline
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 *Academic freedom grants the university the
exclusive discretion to determine to whom among
its graduates it shall confer academic recognition
based on its established standards; and the courts
shall not interfere with such exercise of discretion,
unless there is a clear showing that the university
has arbitrarily and capriciously exercised its
judgments
As applied to students
o The right to enjoy in the school the guarantees of the Bill of
Rights
-National language vs. Official language
National language is that language that is symbolic of the Filipino
nation and expressive of the Filipino soul; while official language
means the prescribed medium of communication for all official acts
and transactions with the various departments and agencies of the
government
ELECTION LAW
-Election law periods:
Election period
o Shall commence 90 days before the day of the election; and
o Shall end 30 days after the day of the election
Campaign periods:
o President and Vice-President 90 days
o Congress 45 days
o Special election 45 days
o Barangay election 15 days
o *The campaign period shall not include the day before and
the day of the election
Registration and/or reactivation of registration as a voter
o Any time, except:
120 days before a regular election
90 days before a special election
Petition to include name in the permanent list of voters
o Any time, except:
105 days before a regular election
75 days before a special election
Petition to exclude a voter from the permanent list of voters
o Any time, except:
100 days before regular election
65 days before a special election
Annulment of book of voters
o No order, ruling, or decision annulling a book of voters shall
be executed within 90 days before an election
Petition to deny due course to or to cancel certificate of candidacy
o Must be filed within 5 days from the last day for filing the
certificate of candidacy; but
o Not later than 25 days from the time of the filing of the
certificate of candidacy
Decision on petition to deny due course to or to cancel certificate of
candidacy
o Not later than 15 days before the election
Petition for disqualification
o May be filed any day after the last day for filing the
certificates of candidacy; but
o Not later than the date of proclamation
Registration of political parties
o Not later than 90 days before the election
Substitution of candidate
o If after the last day for filing of certificates of candidacy, an
official candidate of a political party (a) dies, (b) withdraws,
or (c) is disqualified for any cause, only a person belonging
to and certified by the same political party may file a
certificate of candidacy in substitution not later than mid-
day of the day of the election
o *Independent candidates cannot be substituted
Petition against nuisance candidate
o Must be filed within 5 days from the last day for the filing of
certificates of candidacy
Filing of statement of contributions and expenses
o Within 30 days after the day of the election
Voting hours
o 7AM to 7PM
o But if at 7PM, there are still voters who have not yet cast
their votes and who are within 30 meters in front of the
polling place, voting shall continue but only to allow said
voters to cast their votes without interruption
Special election for one which was suspended or has resulted in the
failure to elect
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 o Reasonably close to the date of the election not held,
suspended, or which resulted in the failure to elect
o Not later than 30 days after the cessation of the cause of the
postponement or suspension of the election or failure to
elect
Petition to annul the proclamation
o Within 10 days after the day of the proclamation
Election protest
o Within 10 days from proclamation of results of election
Quo warranto
o Within 10 days from proclamation of results of election
Decision of COMELEC on election contest either election protest or
quo warranto
o Within 30 days from the date the petition is submitted to the
COMELEC for decision
Prohibition on appointment of new employees
o 45 days before a regular election
o 30 days before a special election
Prescription of election offenses
o 5 years from the date of commission
-Election Registration Board
The body constituted to act on all applications for registration
Composition:
o (1) Election officer as Chairman
o (2) Public school official most senior in rank as Member
o (3) Local civil registrar or, in his absence, the city/municipal
treasurer as Member
Oppositions to contest a registrants application for inclusion in the
list of voters must be filed not later than the 2nd Monday of the
month in which the same is scheduled to be heard or processed by
the ERB
Sworn applications for reactivation of registration shall be filed
with and processed by the ERB
-Board of Election Inspectors
The body that conducts the voting and counting of votes in the
polling place, or administers electronic counting of votes, including
the testing and sealing of the PCOS machine
Composition:
o (1) Chairman
o (2) Two public school teachers as members, giving
preference to those with permanent appointments and those
who have served in the immediately preceding national and
local elections
*One of the public school teachers shall be
designated as poll clerk
o *At least 1 member of the BEI shall be an information
technology-capable person, trained and certified by the
DOST to use the Automated Election System
Disqualifications:
o (1) He or his spouse is related within 4th civil degree by
consanguinity or affinity to:
(a) Any member of the BEI
(b) Any candidate to be voted for; or
(c) The spouse of the candidate to be voted for
o (2) He is engaged in any partisan political activity
-Board of canvassers
The body enjoined by law to canvass all the votes on election
returns submitted to it in due form has the function of
ascertaining and declaring the apparent result of the election by
adding or compiling the votes cast for each candidate as shown on
the face of the election returns before them
Congress, for purposes of candidates for President and Vice-
President, and COMELEC en banc, for purposes of candidates for
Senators and Party-List Representatives, shall determine only the (a)
authenticity and (b) due execution of the certificates of canvass
and shall exercise its power before the proclamation of the winning
candidates
o In contrast, the PET/SET is the sole judge of all contests
relating to the (a) election, (b) returns, and (c) qualifications
of the candidates
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 -Composition of the Board of Canvassers

Provincial City District of Metro Manila Municipal

Chairman Provincial election City election registrar; or Lawyer of the COMELEC Election registrar; or
supervisor; or
Lawyer of the COMELEC Lawyer of the COMELEC
Senior lawyer in the regional
office of the COMELEC
Vice- Provincial fiscal City fiscal Ranking fiscal in the district Municipal treasurer
Chairman
Member Provincial superintendent of Acting superintendent of Most senior district school Most senior district school
schools schools supervisor supervisor or, in his absence, a
principal of school
Member One representative from each One representative from One representative from each of Municipal administrator, municipal
of the ruling party and the each of the ruling party and the ruling party and the assessor, clerk of court nominated
dominant party in the the dominant party entitled dominant party in the by the Executive Judge, or any
constituency concerned to be to be represented constituency concerned to be other available appointive
represented represented municipal official
JT: Illegal composition of the Board of Canvassers is a ground for filing a pre-proclamation controversy

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-Petition for inclusion of voters
May be filed by any person (a) whose application for registration
has been disapproved by the ERB or (b) whose name has been
stricken out from the list of voters
Filed in the MTC or MeTC, which has exclusive and original
jurisdiction
o The decision shall be appealable to the RTC within 5 days
from receipt of the notice of the decision
The decision of the RTC shall be final and
executory and no motion for reconsideration shall
be entertained
-Petition for exclusion of voters
May be filed by (a) any registered voter, (b) representative of a
political party, or (c) the Election Officer
Filed in the MTC or MeTC, which has exclusive and original
jurisdiction
o The decision shall be appealable to the RTC within 5 days
from receipt of the notice of the decision
The decision of the RTC shall be final and
executory and no motion for reconsideration shall
be entertained
-Filing a case against a nuisance candidate
May be filed by any interested party or undertaken motu proprio by
the COMELEC
Filed with the COMELEC
Grounds to file a case against a nuisance candidate under the
Omnibus Election Code:
o (1) The certificate of candidacy was filed in order to put the
election process in mockery or disrepute
o (2) The certificate of candidacy was filed to cause confusion
among voters by similarity of names of registered
candidates
o (3) The certificate of candidacy was filed to cause confusion
among voters by other circumstances or acts which
demonstrate that a candidate has no bona fide intention to
run for the office for which his certificate of candidacy has
been filed and, thus, prevent a faithful determination of the
will of the electorate
-Petition to deny due course to or to cancel a certificate of candidacy
The COMELEC, upon proper petition, may cancel a certificate of
candidacy on the ground that any material misrepresentation
contained therein is false
Requisite for ground of material misrepresentation:
o (1) The false representation pertains to a material matter
affecting substantive rights of a candidate; and
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 o (2) The false representation must consist of a deliberate
attempt to mislead, misinform, or hide a fact which would
otherwise render a candidate ineligible
In case of cancellation of certificate of candidacy, the candidate with
the second highest number of votes, provided that he/she is duly
qualified to run for the position, shall assume office
*Substitution of the candidate whose certificate of candidacy has
been cancelled is not allowed
JT: Another ground for a petition to deny due course to or cancel a
certificate of candidacy is that the candidate is a nuisance candidate
under Sec. 69 of the Omnibus Election Code
-Contents of a certificate of candidacy:
(1) A statement that the person is announcing his candidacy for the
office stated therein
(2) A statement that he is eligible for said office
(3) If the person is running for Congress, the province, including its
component cities, highly urbanized city, district, or sector that he
seeks to represent
(4) The political party, if any, to which he belongs
(5) Civil status
(6) Date of birth
(7) Residence
(8) Post office address for all election purposes
(9) Profession or occupation
(10) A statement that he will support and defend the Constitution of
the Philippines and will maintain true faith and allegiance thereto
(11) A statement that he will obey the laws, legal orders, and
decrees promulgated by the duly constituted authorities
(12) A statement that he is not a permanent resident or immigrant to
a foreign country
(13) A statement that the obligation imposed by his oath is assumed
voluntarily, without mental reservation or purpose of evasion
(14) A statement that the facts stated in the certificate of candidacy
are true to the best of his knowledge
-Petition for disqualification of a candidate
May be filed by (a) any registered voter or (b) duly registered
political party
Any candidate who, in an action or protest in which he is a party, is
declared by final decision of a competent court as guilty of; or
found by the COMELEC to be suffering from any disqualification
provided by law or the Constitution shall be disqualified
Grounds:
o Section 12 of the Omnibus Election Code
o Section 68 of the Omnibus Election Code
o Section 40 of the Local Government Code
The rule of succession in local elective positions shall be observed
*Substitution of the candidate who is disqualified is allowed
o The existence of a valid certificate of candidacy is sine qua
non for substitution
-Persons disqualified from being candidates under Sec. 12 of the
Omnibus Election Code (I-C-M):
(1) Persons declared as incompetent or insane by competent
authority
(2) Persons convicted by final judgment for:
o (a) Subversion
o (b) Insurrection
o (c) Rebellion
o (d) Any offense for which he has been sentenced to a
penalty of more than 18 months of imprisonment
o *Such persons cannot be candidates before the expiration of
a period of 5 years from the service of sentence
(3) Persons convicted by final judgment of a crime involving moral
turpitude
-Persons disqualified from being candidates under Sec. 68 of the
Omnibus Election Code (T-S-M-V-C):
(1) One who committed acts of terrorism to enhance his candidacy
(2) One who spent in his election campaign an amount in excess of
that authorized by law
(3) One who has given money or other material consideration to
influence voters or public officials from performing electoral
functions
(4) One who has violated provisions on:
o (i) Campaign period
o (ii) Removal and destruction of lawful election propaganda
o (iii) Prohibited forms of propaganda
o (iv) Regulation of propaganda through mass media
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 (5) One who has solicited, received, or made any contributions
prohibited by law
-Persons disqualified from being candidates for local elective officers
under Sec. 40 of the LGC (I-F-I-D-O-A-M1):
(1) The insane or feeble-minded
(2) Fugitives from justice in criminal or non-political cases in the
Philippines or abroad
(3) Immigrants or those who have acquired the right to reside
abroad and continue to avail of the same right
(4) Persons with dual allegiance
(5) Persons convicted by final judgment for violating the oath of
allegiance to the Philippines
(6) Persons removed from office as a result of an administrative
case
(7) Persons sentenced by final judgment for an offense involving
-Prohibited contributors for purposes of partisan political activity:
moral turpitude or for an offense punishable by 1 year or higher
o *Such persons cannot be candidates within 2 years from the
service of sentence
-Annulment of book of voters
May be filed by any (a) registered voter, (b) duly registered political
party, or (c) Election Officer
Filed with COMELEC
Grounds for filing:
o (1) The book of voters is not prepared in accordance with
RA 8189
o (2) The book of voters was prepared through fraud, bribery,
forgery, impersonation, intimidation, force, or any similar
irregularity
o (3) The book of voters contains data that are statistically
improbable
-Prohibited election campaign acts:
(1) For any foreigner, whether natural or juridical:
o To aid any candidate or political party, directly or indirectly
o To take party in any election
o To influence any election in any manner
o To contribute or make any expenditure in connection with
any election campaign or partisan political activity
(2) For any person, during the campaign period:
o To remove lawful election propaganda
o To destroy lawful election propaganda
o To obliterate lawful election propaganda
o To deface or tamper with lawful election propaganda in any
manner
o To prevent the distribution of lawful election propaganda
(3) For any candidate, political party, or any person to give or
accept, free of charge, directly or indirectly, as well as to give
money or things of value for such purposes, during the 5 hours
before and after a public meeting, on the day preceding the election,
and on the day of the election:
o Transportation
o Food
o Drinks
o Things of value
(1) Public or private financial institutions
o Except loans:
(a) Made by financial institutions legally in the
business of lending money
(b) Made in accordance with laws
(c) Made in the ordinary course of business
(2) Natural and juridical persons that have been granted by the
government:
o Franchises
o Incentives
o Exemptions
o Allocations
o Similar privileges or concessions
(3) Foreigners and foreign corporations
o It shall also be unlawful for any person, political party,
public entity, or private entity to solicit any aid or
contribution of whatever form or nature from any foreign
national, government, or entity for the purpose of
influencing the results of the election
(4) Natural and juridical persons that hold contracts/subcontracts to
supply the government with goods or services or to perform
constructions or other works
(5) Natural and juridical persons that are operating a public utility,
or in possession of, or exploiting any natural resources of the nation
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 (6) Natural and juridical persons that have been granted loans or
other accommodations in excess of 100,000 by the government,
within 1 year prior to the date of the election
(7) Educational institutions that have received grants of public funds
of at least 100,000
(8) Officials or employees in the Civil Service
(9) Members of the AFP
Postponement of election Failure of election
(1) Violence (1) Election in any polling place
has not been held on the date
fixed on account of violence,
terrorism, force majeure, fraud, or
other analogous cases
(2) Terrorism (2) Election in any polling place
had been suspended before the
hour fixed by law for the closing
of the voting on account of
violence, terrorism, force majeure,
fraud, or other analogous cases
(3) Loss or destruction of election (3) After the voting and during
paraphernalia or records the preparation and transmission
of the election returns or in the
custody or canvass thereof, such
election results in a failure to elect
on account of violence, terrorism,
force majeure, fraud, or other
analogous cases
(4) Force majeure
(5) Other analogous cases
The COMELEC may postpone The COMELEC en banc has
elections either motu proprio or original and exclusive jurisdiction
upon a verified petition by any to hear and decide petitions for (a)
interested party declaration of failure of election
or (b) annulment of election
results
-Requisites of failure of election
(1) No voting took place in the precinct/s on the date fixed by law
or, even if there was voting, the election resulted in a failure to elect
(2) The votes not cast would have affected the result of the election
(3) The cause of such failure of election should have been on
account of (a) violence, (b) terrorism, (c) force majeure, (d) fraud, or
(e) other analogous cases
-Pre-proclamation controversy
The proceedings of the Board of Canvassers which may be raised
by (a) any candidate, (b) any registered political party, or (c) any
accredited and participating party-list group, before the Board of
Canvassers or directly with the COMELEC
o If the petition is filed directly with the Board, the decision is
appealable to the COMELEC en banc
*Appeal shall not suspend the formal proclamation
of the official results of the election until the final
resolution of the appeal
o The filing of the petition shall in no case suspend the receipt
by the Board of the electronically transmitted results
Grounds (C-P):
o (1) Illegal composition of the Board of Canvassers
Exists when, among other similar circumstances,
any of the members do not possess the legal
qualifications and appointments
o (2) Illegal proceedings of the Board of Canvassers
Exists when the canvassing is a mere sham or a
mere ceremony, the results of which are
predetermined and manipulated as when any of the
following circumstances are present:
(i) Precipitate canvassing
(ii) Terrorism
(iii) Lack of sufficient notice to the
members of the Board
(iv) Improper venue
*The basis of the canvass shall be the electronically
transmitted results
In elections for President, Vice-President, and Congress:
o General rule: Pre-proclamation cases on matters relating to
the (a) preparation, (b) transmission, (c) receipt, (d) custody,
and (e) appreciation of election returns or certificates of
canvass are prohibited
o Exceptions:
(1) Upon the request of the Presidential, Vice-
Presidential, or Congressional candidate, when it
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 appears that any certificate of canvass or
supporting statement of votes bear erasures or
alterations which (a) may cast doubt as to the
veracity of the number of votes stated therein and
(b) may affect the result of the election, Congress or
the COMELEC en banc may entertain a pre-
proclamation controversy for the sole purpose of
verifying the actual votes as they appear in the
copies of the election returns submitted to it
(2) Correction of manifest errors in the election
returns or certificates of canvass
A manifest error is one that is visible to the
eye or obvious to the understanding that
which is open, palpable, incontrovertible,
and needing no evidence to make it more
clear
(3) Matters relating to the composition or
proceedings of the Board of Canvassers
In elections for barangay officials:
o No pre-proclamation controversy is allowed
-Election contest
An adversary proceeding by which matters involving title or claim
of title to an elective office, made before or after the proclamation of
the winner, is settled, whether or not the contestant is claiming the
office in dispute
Kinds of election contests:
o (1) Election protest
May be filed directly with the COMELEC by any
candidate (a) who has filed a certificate of
candidacy, (b) who has been voted upon for the
same office, and (c) who received the second or
third highest number of votes, or, in a multi-slot
position, was among the next 4 candidates
following the last ranked winner duly proclaimed
Strictly a contest between the defeated and winning
candidate as to who actually obtained the majority
of the legal votes and, therefore, is entitled to hold
the office
A protestee may be ousted and the
protestant may be seated in the office
vacated
Pendency of pre-proclamation controversy
involving the validity of the proclamation suspends
the running of the period to file an election protest
Grounds:
(1) Fraud
(2) Terrorism
(3) Irregularities
(4) Illegal acts committed before, during, or
after the casting and counting of votes
o (2) Quo warranto
May be filed by any registered voter in the
constituency
Proceeding to unseat the ineligible person from
office, but not to install the prostestant in his place
A protestee may be unseated, but the
protestant will not be seated in the office
vacated
In an elective office, the court or tribunal cannot
declare the protestant as having been elected; while
in an appointive office, the court or tribunal
determines who between the parties has legal title to
the office
Grounds:
(1) Ineligibility
(2) Disloyalty to the Republic
General rule: After the proclamation of the winning candidate, the
proper remedy is to file a regular election protest or a petition for
quo warranto
Except when:
o The Board of Canvassers was improperly constituted
o Quo warranto is not the proper remedy
o What was filed was, in reality, a petition to annul a
proclamation and not an election contest
o The filing of an election contest was expressly made without
prejudice to the pre-proclamation controversy or was made
ad cautelam
o The proclamation of the winning candidate was null and
void
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 An agency exercising some significant combination of executive,
-Election offenses: legislative, and judicial powers
(1) Vote buying Ways of creating administrative agencies:
(2) Vote selling o (1) By Constitutional provision
(3) Conspiracy to bribe voters concerning vote buying and/or vote o (2) By legislative enactment
selling o (3) By authority of law
(4) Wagering upon the result of the election
(5) Coercion -Powers of administrative agencies
(6) Appointment of new employees (A) Quasi-legislative
o Except in case of urgent need, with notice given to the o The power of subordinate legislation the power to issue
COMELEC rules and regulations intended in order to implement the law
(7) Promoting or giving by any government official of any increase and the legislative policy fixed by the legislature
of salary, remuneration, or privilege to any government official or o (1) Supplementary
employee Those which supply the details in legislation
(8) Transfer or detail of government official employee without Must be published
COMELEC approval o (2) Contingent
(9) Undue influence Those which determine when a statute will go into
effect
(10) Unlawful electioneering
Must be published
(11) Harassment and dismissal of employees, laborers, and tenants
o (3) Procedural
(12) Appointment or use of special policemen, special agents, or
Those which describe the method by which the
confidential agents
agency will carry out its appointed functions
(13) Illegal release of prisoners before and after election Must be published
(14) Use of public funds, equipment, and facilities for election o (4) Penal
campaign Those that carry out penal or criminal sanctions
(15) Carrying of deadly weapons within a radius of 100 meters from Must be published
a precinct Requirements for penal rules:
(16) Carrying of firearms outside residence or place of business (1) The law which authorizes the
(17) Use of armored land, water, or aircraft promulgation of rules must itself provide
(18) Wearing of uniforms and bearing arms for the imposition of a penalty for their
(19) Intervention of public officials and employees violation
(20) Release, disbursement, or expenditure of public funds (2) The laws must fix and/or define such
(21) Construction of public works, delivery of materials for public penalty
works, and issuance of treasury warrants and similar devices (3) The violation for which the rules impose
(22) Suspension of elective provincial, city, municipal, or barangay a penalty must be punishable under the law
officer itself
(4) The rules must be published in the
ADMINISTRATIVE LAW Official Gazette or a newspaper of general
circulation
-Administrative agencies (5) The rules must be archived at the UP
Law Center
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o (5) Internal
Those issued by a superior to his subordinates for
the proper and efficient administration of law
Need not be published
o (6) Interpretative
Rules and regulations construing or interpreting the
provisions of a statute to be enforced and they are
binding on all concerned until they are changed
Need not be published
o Requisites for validity of rules:
(1) Must be issued under authority of law
There must be a delegation of legislative
power
(2) Must be within the scope of legislative authority
or within the limits of powers granted to the
administrative agency
(3) Must be promulgated in accordance with the
prescribed procedure
General rule: Administrative regulations of
general application do not require previous
notice and hearing
o Except when Congress itself
requires notice and hearing and
mandates that the regulation shall
first require the ascertainment of
facts as determined from an
appropriate investigation
o Except when the regulation is a
settlement of a controversy between
specific parties, as such would be
an administrative adjudication
o Except when the rule substantially
increases the burden of those
governed, in which case it
behooves the agency to accord, at
least to those directly affected, a
chance to be heard
General rule: Administrative rules and
regulations must be published and filed
with the UP Law Center, if their purpose is
to enforce or implement existing law
pursuant to a valid delegation
o Except interpretative rules and
regulations
o Except those merely internal in
nature
o Except letters of instructions issued
by superiors
(4) Must be reasonable, uniform in operation, and
not arbitrary or capricious
(5) Must be consistent with the law and the
Constitution
(6) Must have a reasonable relationship to the
purpose of the law
(7) Must not amend, alter, modify, supplant,
enlarge, limit, or nullify the terms of the law
(B) Quasi-judicial
o The power to determine questions of fact to which the
legislative policy is to apply, in accordance with the
standards laid down by the law itself
o Requisites for proper exercise of quasi-judicial power:
(1) Jurisdiction over the subject matter must be
conferred by law or the Constitution
(2) Jurisdiction over the person must be properly
acquired by the administrative body
(3) Due process must be observed in the conduct of
the proceeding
o What is included in quasi-judicial power:
(1) Power to prescribe rules of procedure
This power is inherent
(2) Power to issue subpoenas
This power is not inherent and may be
exercised (a) only if allowed by law and (b)
only in connection with the matter the
administrative agency is authorized to
investigate
(3) Power of contempt
This power is not inherent and must be
expressly granted and used only in the
exercise of quasi-judicial functions
o (1) Directing
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 Those that order the doing or performance of
particular acts to ensure compliance with the law
and are often exercised for corrective purposes
o (2) Enabling
Those that permit the doing of an act which the law
undertakes to regulate and would be unlawful
without government approval
o (3) Equitable
Those that pertain to the power to determine the law
upon a particular state of facts, including the right to
make proper application of the rules of equity
o (4) Dispensing
Those that provide the authority to exempt from or
relax a general prohibition or authority to relieve
from an affirmative duty; or sanctions a deviation
from a standard
o (5) Summary
Those that apply compulsion or force against person
or property to effectuate a legal purpose without a
judicial warrant authorizing such action, usually
without notice and hearing
o (C) Fact-finding, investigative, or inquisitorial powers
The power to inspect the records and premises, and
investigate the activities of persons or entities
coming under its jurisdiction; or to secure or require
the disclosure of information by means of accounts,
records, reports, statements, testimony of witnesses,
production of documents, or otherwise
-Administrative determinations where notice and hearing are not necessary:
Summary proceedings of distraint and levy upon property of the
delinquent taxpayer
Grant of provisional authority for increase of rates or to engage in
particular line of business
Cancellation of passport where no abuse of discretion is committed
Summary abatement of nuisance per se which affects safety of
persons or property
Preventive suspension of officer or employee pending investigation
Grant or revocation of licenses or permits to operate certain business
affecting public order or morals
-Fixing rates, wags, and prices as a legislative function vs. Fixing rates,
wags, and prices as a quasi-judicial function
When the rates prescribed are meant to apply to all enterprises of a
given kind throughout the country, then fixing rates, wages, and
prices is a legislative function; but where the rates imposed apply
exclusively to a particular party and based upon a finding of fact,
then fixing rates, wages, and prices is a quasi-judicial function
Fixing rates, wags, and prices as a legislative function does not
require prior notice and hearing; while fixing rates, wags, and prices
as a quasi-judicial function requires prior notice and hearing
-Ordinance power of the President:
(1) Proclamations
(2) General or special orders
(3) Administrative orders
(4) Memorandum orders
(5) Memorandum circulars
(6) Executive orders
-Source of the power of the President to create public offices:
(1) Valid delegation from Congress
(2) Inherent duty to faithfully execute the laws under the faithful
execution clause in Sec. 17(2), Art. 7 of the Constitution
-Requisites of judicial review of administrative decisions:
(1) The administrative action has already been fully completed and
has, therefore, become final
o Doctrine of finality of administrative action
(2) The administrative remedies have been exhausted
o Doctrine of exhaustion of administrative remedies
-Exceptions where the courts may review factual findings of
administrative agencies:
(1) When there has been denial of due process in the administrative
proceeding
(2) When there has been a mistake of law committed in the
administrative proceeding
(3) When there has been fraud in the administrative proceeding
(4) When there has been collusion in the administrative proceeding
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 (5) When there has been arbitrary action in the administrative
proceeding
(6) Where the procedure that led to the factual findings is irregular
(7) When palpable errors were committed
(8) When there is manifest grave abuse of discretion, arbitrariness,
or capriciousness
-Exceptions where the courts may intervene prior to the completion of
an administrative action:
(1) When the administrative officer assumes to act in violation of the
Constitution and other laws
(2) When a questioned order is not reviewable in any other way and
the complainant will suffer great and obvious damage if the order is
carried out
(3) When such relief is expressly allowed by law
(4) When the questioned order is made in excess of power
-Exceptions where the courts may review administrative decisions that
have attained finality:
(1) Wrong decision
(2) Manifestly arbitrary, capricious, or unjust decision
(3) Decision is not based upon any reasonable interpretation of the
law
(4) Administrative body or officer has gone beyond its/his statutory
authority
(5) Administrative agency exercised unconstitutional powers
(6) Decision is vitiated by fraud, imposition, or mistake
(7) Lack of jurisdiction
(8) Grave abuse of discretion
(9) Decisions violates or fails to comply with some mandatory
provision of law
-Exceptions to doctrine of exhaustion of administrative remedies:
(1) When there is a violation or denial of due process
(2) When it would amount to a nullification of a claim
(3) When the subject matter is private land
(4) When a plain, speedy, adequate remedy is not provided in the
rules
(5) When no administrative review is provided by law
(6) When the administrative action is patently illegal, amounting to
lack or excess of jurisdiction
(7) When there is estoppel
(8) When there is grave and irreparable injury
(9) When the respondent is a Department Secretary whose acts as an
alter ego of the President bear the implied and assumed approval of
the latter
(10) When to require exhaustion of administrative remedies would
be unreasonable under the circumstances
(11) When there is urgency of judicial intervention under the
circumstances
(12) When the question involved is purely legal and will ultimately
have to be decided by the courts of justice
(13) In quo warranto proceedings
(14) When strong public interest is involved
(15) In cases of petition for the writ of amparo
(16) When the issue has been rendered moot
(17) When it would be useless
(18) Decision of Cabinet Members
(19) When there is unreasonable delay by the administrative agency
(20) When it involves action to recover possession of public land
(21) Poverty
(22) When the law itself provides for immediate review
*The doctrine of exhaustion of administrative remedies applies only
when the administrative body is exercising its quasi-judicial powers
LAW ON PUBLIC OFFICERS
-Public office
The right, authority, and duty created and conferred by law, by
which for a given period, either fixed by law or enduring at the
pleasure of the appointing power, an individual is invested with
some portion of sovereign functions of government, to be exercised
by him for the benefit of the public
o Public office is not a property right, but it is a protected
right
o The right to public office is protected by the right to
security of tenure
o Public office is personal to the public officer and is not
transmissible to his heirs upon death
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 Creation of a public office
o (1) By the Constitution
o (2) By statutory enactments
o (3) By authority of the law
Elements of public office:
o (1) Created by law or by authority of law
o (2) Possession of a delegated portion of sovereign power for
the benefit of the public
o (3) Powers conferred and duties imposed is defined by law
or by authority of law
o (4) Duties are performed independently and only controlled
by law, unless placed under the general control of a superior
office or body
o (5) Permanent or continuous, not temporary or occasional
JT: Atty. Jimenez disagrees with this requirement
Modes of acquisition of title to public office:
o (1) Appointment
The act of designation, by the executive officer,
board, or body to whom that power has been
delegated, of the individual who is to exercise the
powers and functions of a given office
*Temporary appointments shall not exceed 12
months
The appointee may be replaced sooner if a qualified
civil service eligible becomes available
Where a temporary appointee acquires civil service
eligibility during his tenure as such, his temporary
appointment does not thereby automatically become
permanent he needs a new appointment
Temporary appointment given to a non-civil service
eligible is without a definite tenure and is dependent
upon the pleasure of the appointing power
Requisites for a valid appointment:
(1) The position is vacant
(2) The appointing authority is vested with
the power to appoint at the time the
appointment is made
(3) The appointee possesses all the
qualifications
(4) The appointment has been approved by
the Civil Service Commission or confirmed
by the Commission on Appointments
(5) The appointee accepts the appointment
by taking the oath and entering into the
discharge of his duties
o (2) Designation
The mere imposition of new or additional duties
upon an officer to be performed by him in a special
manner
Presupposes that the officer is already in the service
by virtue of an earlier appointment and that the
officer is performing other functions
There is no new appointment and the designation
does not entitle the officer designated to additional
benefits or the right to claim the salary attached to
the position
o (3) Election
The act of selecting or choosing a person by popular
vote to occupy the office
Steps in the appointment process:
o (1) Nomination
o (2) Confirmation
o (3) Issuance of commission
A commission is a written authority from a
competent source given to the officer as his warrant
for the exercise of powers and duties of the office to
which he commissioned
A commission is the formal evidence of the
appointment
As regards appointments to the judiciary, the date
when the commission is signed by the President is
the date of the appointment
As regards the Civil Service Commission,
confirmation is termed attestation
Where the assent or confirmation of some other
officer or body is required, such that the power of
appointment is not absolute, the commission can
issue or the appointment may be complete only
when such assent or confirmation is obtained
Steps in a regular appointment:
Jech Tiu
 o (1) Nomination by the President
o (2) Confirmation by the Commission on Appointments
o (3) Issuance of the commission
o (4) Acceptance by the appointee
Steps in an ad-interim appointment (made while Congress is not
in session):
o (1) Nomination by the President
o (2) Issuance of the commission
o (3) Acceptance by the appointee
o (4) Confirmation by the Commission on Appointments
Steps in appointments that do not require confirmation:
o (1) Appointment by the appointing authority
o (2) Issuance of the commission
o (3) Acceptance by the appointee
Exception to the prohibition of holding multiple offices:
o (1) Those provided for under the Constitution
o (2) Posts occupied by Executive official specified in Sec.
13, Art. 7 without additional compensation and in ex officio
capacities as required by law and by the primary functions
of the official duties
Divestment
o When a public official is in a conflict-of-interest situation,
such official must (a) resign from his position in any private
business enterprise within 30 days from his assumption of
office and/or (b) divest himself of his shareholdings or
interest within 60 days from his assumption of office
Powers and duties of public officers:
o (1) Expressly conferred upon the public officer by law
o (2) Expressly annexed to the office by the law
o (3) Attached to the office as an incident thereto
-De facto public officer:
o One who derives his appointment from one having colorable
authority to appoint, if the office is an appointive office, and
whose appointment is valid on its face
o One who is in possession of an office and is discharging its duties
under color of authority authority derived from an appointment
however irregular or informal, so that the incumbent is not a mere
volunteer
o It is the color of authority, not the color of title, that distinguishes a
de facto public officer from a usurper the color of authority means
that the authority to hold office is by some election or appointment,
however irregular or informal
o The lawful acts of a de facto officer, if done (a) within the
scope and (b) by the apparent authority of the office, are
considered valid and binding, insofar as the rights of thirds
persons are concerned
o General rule: The rightful incumbent may recover from a de
facto office the salary received by the latter during the time
of the latters wrongful tenure, even if he was in good faith
and acting under color of title
Except where there is no de jure officer, in which
case the de facto officer is entitled to salaries for the
period when he actually discharged functions
o De facto officer exercises the duties of the officer:
o (1) Without a known appointment or election, but under
circumstances of reputation or acquiescence
o (2) With a known and valid appointment or election, but
there is failure to conform to a legal requirement
o (3) With a known appointment or election, but the same is
void due to ineligibility of the officer, want of authority of
the appointing or electing authority, or irregularity in the
appointment or election not known to the public
o (4) With a known appointment or election pursuant to an
unconstitutional law before the same is adjudge to be void
o Requisites of a de facto office (J-R/A-P):
o (1) A de jure office
o (2) Color of right or general acquiescence by the public
o (3) Actual physical possession of the office in good faith
-Vacancy in public office:
Impeachment
Removal from office
Resignation
Abandonment
Conviction of a crime
Expiration of term
Death
Permanent disability
Acceptance of incompatible office
Reaching the age limit
Recall
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 Creation of a new office
-Grounds for disciplinary action of public officers:
(1) Dishonesty in connection with the performance of his duties
(2) Oppression
(3) Neglect of duty
(4) Misconduct or transgression of some established or definite rule
of action
(5) Disgraceful and immoral conduct
(6) Being notoriously undesirable
(7) Discourtesy in the course of official duties
(8) Inefficiency and incompetence in the performance of official
duties
(9) Conviction of a crime involving moral turpitude
(10) Falsification of official documents
(11) Habitual drunkenness
(12) Gambling
(13) Refusal to perform official duty or render overtime service
(14) Physical or mental incapacity due to immoral or vicious habits
(15) Willful refusal to pay just debts or willful failure to pay taxes
due to the government
-Nepotism
Under the Administrative Code, nepotism prohibits appointments
in the national government made in favor of relatives within the 3rd
civil degree of consanguinity or affinity of:
o (a) Appointing authority
o (b) Recommending authority
o (c) Chief of the bureau or office
o (d) Persons exercising immediate supervision over the
appointee
Under the Local Government Code, nepotism prohibits
appointments in the local government made in favor of one who is
within the 4th civil degree of consanguinity or affinity of:
o (a) Appointing authority
o (b) Recommending authority
Under the Constitution, nepotism prohibits appointments by the
President of his spouse and relatives by consanguinity or affinity
within the 4th civil degree in the following positions:
o (a) Members of the Constitutional Commissions
o (b) Office of the Ombudsman
o (c) Secretary
o (d) Undersecretary
o (e) Chairman or head of bureaus, offices, or GOCCs
Persons exempted from the rule on nepotism:
o (1) Persons employed in a confidential capacity
o (2) Teachers
o (3) Physicians
o (4) Members of the AFP
-Powers and duties of public officers:
(1) Expressly conferred upon him by the act appointing him
(2) Expressly annexed to the office by law
(3) Attached to the office as an incident thereto
General rule: mandamus will not lie for the performance of a
discretionary duty
o Except where:
(1) The discretion granted is only as to the manner
of the exercise of the power and not the discretion
to act or not to act, in which case the court may
require from the public officer a general action
(2) There is grave abuse of discretion
-Salaries of public officers
The salary of a public officer cannot be seized by (a) garnishment,
(b) attachment, or (c) order of execution; neither can there be (d)
assignment of unearned salaries or fees
The retirement pay accruing to a public officer may not be withheld
and applied to his indebtedness to the government
Right to backwages:
o Back salaries are payable to an officer illegally dismissed or
otherwise unjustly deprived of his office
Requisites:
(1) The officer must be found innocent of the
charges; and
(2) The suspension of the officer must be
unjustified
*But for the period of preventive suspension
pending investigation, the public officer or
employee is not entitled to any backwages
Jech Tiu
 o *An illegally dismissed employee may recover
backwages, in the proper cases, for a maximum period
of 5 years
o *Since the claim for recovery of backwages involves a
settlement of accounts or claims against the
government, then the claim must be filed with the
Commission on Audit
-Liability of superiors for the acts or omissions of the subordinate:
General rule: The negligence of the subordinate cannot be ascribed
to the superior, in the absence of evidence of the superiors own
negligence neither the principle of command responsibility nor the
doctrine of respondeat superior applies
-Instances when a superior officer is liable for the acts of a subordinate:
(1) When the law expressly makes the superior liable
(2) When the superior directed, authorized, or cooperated in the
wrong
(3) When the superior negligently or carelessly oversees the
business of the office, as to furnish the subordinate an opportunity
for default
(4) When the superior negligently or willfully employs or retains
unfit or incompetent subordinates
(5) When the superior negligently or willfully fails to require the
subordinate to conform to prescribed regulations
(6) When the superior specifically authorized, by written order, the
specific act or misconduct complained of
(7) In cases involving the writ of amparo or habeas data, the
President, being the Commander in Chief, qualifies him as a
superior within the purview of the command responsibility doctrine
-Preventive suspension:
Preventive suspension may be imposed without any notice and
hearing since it is not a penalty
General rule: Indefinite preventive suspensions are invalid
Elective officials Appointive officials
By President Proper disciplining The Ombudsman or his
whom Governor authority Deputy
Mayor
Against (President) Elective Subordinate officer or Any officer of employee
o Except for police officers, where the preventive suspensions
may last until the termination of the case because policemen
carry weapons and the badge of the law, which can be used
to harass or intimidate witnesses against them
Preventive suspension pending investigation vs. Preventive
suspension pending appeal
o Preventive suspension pending investigation is not a
penalty, but only a means of enabling the disciplining
authority to conduct an unhampered investigation; while
preventive suspension pending appeal is punitive in
character
o In preventive suspension pending investigation, no
backwages are due for the period of the suspension, even if
the officer is later found innocent of the charges, except
where the preventive suspension is unjustified; while in
preventive suspension pending appeal, the public officer
will be entitled to full pay for the period of suspension, if he
is exonerated, but he is not entitled to backwages, if he is
reprimanded for the same charge which was the basis of the
decisions ordering his dismissal
-Rules on preventive suspension:
Sandiganbayan pursuant Agency Head pursuant
to RA 3019 to EO 292
Any public officer Subordinate
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whom official of a province, employee under such under his authority
highly urbanized or an authority
independent component
city

(Governor) Elective
official of a component
city or municipality

(Mayor) Elective official

of a barangay
When Mandatory upon Mandatory upon Discretionary pending Mandatory pending trial Discretionary
compliance with the compliance with the investigation
grounds at any time after grounds pending
the issues are joined investigation
Grounds (1) There is reasonable The charge against the In the judgment of the The officer or employee The charge against the
ground to believe that the officer or employee Ombudsman, the is charged under a valid officer or employee
officer or employee involves: evidence of guilt is information with a involves:
committed the act/s (1) Dishonesty strong; and either violation of: (1) Dishonesty
complained of; and (2) Oppression or grave (1) The charge against (1) RA 3019 (2) Oppression or
(2) Evidence of guilt is misconduct the officer or employee (2) Book II, Title 7, grave misconduct
strong (3) Neglect in the involves dishonesty, RPC; or (3) Neglect in the
(3) Gravity of the offense performance of duty oppression, grave (3) Any offense performance of duty
so warrants (4) Or if there are reasons misconduct, or neglect involving fraud upon the (4) Or if there are
(4) Continuance in office to believe that the officer in the performance of government or public reasons to believe that
could allow the officer or or employee is guilty of duty funds or property the officer or employee
employee to influence the the charges that would (2) The charges would is guilty of the charges
witnesses or pose a threat warrant his removal from warrant removal from that would warrant his
to the safety and integrity the service the service; or removal from the
of the evidence (3) The officer or service
employees continued
stay in office may
prejudice the case filed
against him
Duration Maximum period of 60 Maximum period of 90 Maximum period of 6 Maximum period of 90 Maximum period of 90
days for a single days and thereafter, the months days, unless the case is days
administrative case officer or employee shall decided within a shorter
be automatically period
Maximum period of 90 reinstated, except where
days within a single year the delay in the
for the same ground/s disposition of the case is
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 existing and known at the due to the fault,
time of the first negligence, or upon
suspension petition of the officer or
employee, in which case
the period of delay shall
not be counted in
computing the period of
preventive suspension
(1) The public official is charged in his official
capacity for acts that are unlawful or injuries to the
rights of others
(2) The public official is being sued not in his
official capacity, although the acts complained of
may have been committed while he occupied a
public position
(3) Suit to compel performance of official to duty or
restrain performance of an act

-Modes of terminating official relationship:

(1) Expiration of term or tenure
(2) Accomplishment of the purpose
(3) Reaching the age limit
o Members of the judiciary retire at the age of 70 years old
o Other government officers and employees retire at the age
of 65 years old
(4) Resignation
o Requisites:
(1) Unqualified intention to relinquish a part of the
term
(2) Voluntary
(3) There must be an act of relinquishment
(4) Acceptance by the proper authority, either
expressly or implied
o Appointive public officials, active members of the AFP, and
other officers and employees in GOCCs are deemed ipso
facto resigned from office and must vacate the same at the
-Immunity of public officers: start of the day of his filing of the certificate of candidacy
General rule: The doctrine of state immunity from suit applies to (5) Abandonment
complaints filed against public officials for acts done in the o Requisites:
performance of their duties (1) Intention to abandon
o Except where:
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 (2) Overt act by which the intention is carried into
effect
(6) Acceptance of incompatible office
o (a) Where one is subordinate to the other
o (b) Where one is subject to the supervisory power of the
other
o General rule: Acceptance of the incompatible office ipso
facto vacates the first
Except where:
(1) The public officer is authorized by law
to accept the other office
(2) In the case of forbidden office under
Sec. 13, Art. 6, it is the second office the is
absolutely void
(7) Removal
(8) Recall
(9) Impeachment
(10) Abolition of office made in good faith
(11) Prescription of the right to office
o A petition for reinstatement to office after an illegal ouster
or dismissal, or the recovery of public office must be
instituted within 1 year from the date the petitioner is
unlawfully ousted from his office, unless the period may be
extended on grounds of equity
*The filing of an administrative case, in such cases,
will not suspend the prescriptive period
(12) Death
(13) Failure to assume office
o The office of any elective official who fails or refuses to
take his oath of office within 6 months from his
proclamation shall be considered vacant, unless such failure
is for a cause or causes beyond his control
(14) Conviction for a crime, where the penalty imposed carries with
it the accessory penalty of disqualification
PUBLIC CORPORATIONS
-Public corporations
One created by the state either by general or special act for purposes
of administration of local government or rendering service in the
public interest
o (A) Quasi-public corporation
Created as agencies of the State for narrow and
limited purposes without the powers and liabilities
without the powers and liabilities of self-governing
corporations
Corporations that render public service or supply
public wants
A specie of private corporations, but the qualifying
factor is the type of service it renders to the public
such corporations perform a public service
o (B) Municipal corporation or local government units
Body politic and corporate constituted by the
incorporation of inhabitants for purposes of local
government
Established by law partly as an agency of the State
to assist in the civil government of the country, but
chiefly to regulate and administer the local or
internal affairs of the city, town, or district which is
incorporated
Elements of a municipal corporation:
(1) Legal creation or incorporation
(2) A corporate name
(3) Inhabitants constituting the population
(4) Territory
Elements of local government:
(1) A political subdivision of a State
(2) Constituted by law; and
(3) Has substantial control over local affairs
-Types of municipal corporations:
(A) Municipal corporations by prescription
o Those that exercised their powers since time immemorial
without objection from the government and although no
charter exists, it is presumed to have been duly incorporated
and had been lost or destroyed
o Elements of presumption of existence of municipal
corporations by prescription:
(1) The community has claimed and exercised
corporate functions
(2) Such claim and exercise is with the knowledge
and acquiescence of the legislature
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 (3) Such claim and exercise is without objection or subdivisions in order to broaden the base of government
interruption for a period long enough to afford title power and, in the process, make LGUs more responsive and
by prescription accountable, ensure their fullest development as self-reliant
(B) De jure municipal corporations communities, and make them more effective partners in the
o Those created or recognized by operation of law pursuit of national development and social progress; while
(C) De facto municipal corporation decentralization of power involves abdication of political
o Those where the people have organized themselves, under power in favor of LGUs declared autonomous
color of law, into ordinary municipal bodies exercising their Devolution of certain national governmental powers to LGUs:
powers, with their rights dependent quite as much as on o (1) Public works
acquiescence as on the regularity of their origin o (2) Social welfare
o Elements of de facto municipal corporations (L-G-C-P): o (3) Construction of school buildings and facilities
(1) A valid law authorizing incorporation o (4) Health
(2) An attempt in good faith to organize under such o (5) Agriculture
valid law o (6) Tourism functions
(3) A colorable compliance with law
(4) There is assumption of corporate powers -Territorial and political subdivisions enjoying local autonomy:
(1) Province
-Dual nature of municipal corporations: (2) City
Every local government unit created or recognized under the LGU is (3) Municipality
a body politic and corporate endowed with powers to be exercised (4) Barangay
by it in conformity with law it shall exercise powers as (a) a (5) Autonomous regions
political subdivision of the national government and (b) a corporate
entity representing the inhabitants of its territory Income Population Land area
(1) Public/governmental Barangay No minimum 2,000 as a No minimum
o The municipal corporation acts as an agent of the State for requirement general rule requirement
the government of the territory and the inhabitants within
the municipal units it exercises, by delegation, a part of 5,000 for Metro
the sovereignty of the State, including the use of executive, Manila and
legislative, and judicial powers other highly
(2) Private/proprietary urbanized cities
o The municipal corporation acts in a similar category as a Municipality 2.5 million 25,000 50 sq. km
business corporation, performing functions not strictly Component city 100 million 150,000 100 sq. km
governmental or political or those exercised for the special Highly urbanized 50 million 200,000 100 sq. km
benefit and advantage of the community in this character city
they are acting as a separate entity for their own purposes Province 20 million 250,000 2,000 sq. km
and not as a subdivision of the State
-Creation, conversion, division, merger, consolidation, and abolition of
-Local government units under the LGC: LGUs
Decentralization of administration vs. Decentralization of power Authority to create LGUs:
o Decentralization of administration exists when the central
government delegates administrative powers to political
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 o In the case of (a) provinces, (b) cities, (c) municipalities, or
(d) any other political subdivision by a law enacted by
Congress
o In the case of any barangay within the territory of a province
or city by an Ordinance passed by the Sangguniang
Panlalawigan or Panlungsod, as the case may be, with the
recommendation of the Sangguniang Bayan
Essential requisites for the creation and/or conversion of a
municipal corporation:
o (1) Enacting law or ordinance
o (2) Income
Must be sufficient to provide for all essential
facilities and services commensurate with the size
of its population
o (3) Population
Based on the total number of inhabitants within the
territorial jurisdiction of the LGU
o (4) Land area or territory
Must be contiguous, unless it comprises (a) two or
more islands or (b) is separated by another LGU;
properly identified by metes and bounds; and
sufficient to provide for such basic services and
facilities
Refers only to the physical mass of land area and
not to the waters comprising a political entity or
over which it exercises control
o (5) Attestation by the DOF (income), NSO (population), and
LMB (territory) of the indicators
o (6) Plebiscite
o *Corporate existence of the LGU starts upon election and
qualification of its (a) Chief Executive and (b) a majority
of the members of its Sanggunian, unless some other time is
fixed therefor by the law or ordinance creating it
An LGU comes into existence as a legal entity upon
approval of the law creating it, but before the same
can act as a public corporation or a juridical entity,
it is necessary that its officials be appointed or
elected in order that it may transact business
o *An inquiry into the legal existence of a municipal
corporation is reserved to the State in a proceeding for quo
warranto or other direct proceeding and not via a collateral
attack
Congress has absolute power to alter and dissolve a municipal
corporation by:
o (1) Dividing a municipal corporation into two or more
separate municipalities
o (2) Fixing, altering, or changing the boundaries of municipal
corporations
o (3) Annexing one municipal corporation to another
o (4) Repealing the charter of a municipal corporation
o (5) Merging or consolidating two or more separate
municipal corporations into one
-General powers and attributes and powers of LGUs:
(1) Police power
o Exercised through the express grant of power under the
general welfare clause under Sec. 16, LGC and not inherent
in municipal corporations
o General welfare clause every LGU shall exercise the
following powers:
(a) Express
(b) Implied
(c) Necessary, appropriate, and incidental for its
effective governance; and
(d) Essential to the promotion of the general welfare
o Requisites:
(1) The subject matter of the law must be lawful
that public interest, as distinguished from those of a
particular interest, requires the interference of the
LGU
(2) The means employed to attain the purpose of the
law must be reasonably necessary
(3) It must not be unduly oppressive upon
individuals
(2) Power of eminent domain
o Expressly granted to LGUs under Sec. 19, LGC and not
inherent in municipal corporations
o *Where a local government unit attempts to expropriate
private property and the owner of the property makes an
objection, the courts have authority to decide the question of
genuine necessity; but where Congress directly determines
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 the necessity for appropriating private property, then it is a
political question that the courts cannot resolve
o Requisites:
(1) Exercised by the LGU through its Chief
Executive
(2) The Chief Executive must act through an
ordinance
The promulgation of the ordinance must be
prior to the filing of the complaint for
eminent domain with the courts
(3) For public use, purpose, or welfare
(4) Payment of just compensation
The LGC expressly provides that just
compensation shall be determined as of the
time of actual taking and not as of the date
of filing the complaint
(5) A valid and definite offer was previously made
to the owner and was not accepted
o A LGU may immediately take possession of the property
upon:
(1) The filing of expropriation proceedings; and
(2) Making a deposit with the proper court of at
least 15% of the fair market value of the property
based on the current tax declaration of the property
expropriated
(3) Power of taxation
o Expressly granted to LGUs under Sec. 18, LGC and not
inherent in municipal corporations
o Exercised through an ordinance
o Share of LGUS in the 40% internal revenue allotment:
Provinces and cities 23%
Municipalities 34%
Barangays 20%
(4) Power to provide basic services and facilities
(5) Corporate powers
o (1) To enter into contracts
Where the contract is entered into by the local Chief
Executive on behalf of the LGU, prior authorization
by the Sangguinan concerned is necessary
Where the contract is entered into (a) without the
express, implied, or inherent power to enter into a
particular contract and (b) without complying with
substantive requirements, then the contract is ultra
vires, null and void, and cannot be ratified or
validated
*A municipal corporation is not liable for
an ultra vires contract
Where the contract is entered into (a) not by the
proper department, board, committee, or agent and
(b) without complying with the formal requirements
of written contracts, then the contract is defective,
but subject to ratification
The doctrine of estoppel cannot be applied as
against a municipal corporation to validate a
contract which it has no power to make or which it
is authorized to make only under a prescribed mode
or manner, although the corporation has accepted
the benefits thereof and the other party has fully
performed his part of the agreement
o (2) To have and use a corporate seal
o (3) To borrow money
o (4) To appropriate money only for public purposes
o (5) To acquire, hold, and convey real or personal property in
any manner allowed by law, e.g., sale, donation, etc.
o (6) To have continuous succession in its corporate name
o (7) To issue municipal bonds
o (8) To sue and be sued
General rule: Private lawyers may not represent
municipalities on their own or even in collaboration
with authorized government lawyers only the
provincial fiscal, provincial attorney, and municipal
attorney should represent a municipality in law suits
Except where a municipality adopts the
work already performed in good faith by
such private lawyer, which would be
beneficial thereto, provided that:
o (a) No injustice is thereby heaped
on the adverse party
o (b) No compensation in any guise is
paid for by the municipality to the
private lawyer
(6) Reclassification of lands
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 o Requisites:
(1) Ordinance for the purpose
(2) Public hearings for the purpose; and
(3) The land ceases to be economically feasible and
sound for agricultural purposes; or
(4) The land shall have substantially greater
economic value for residential, commercial, or
industrial purposes as determined by the
Sangguinan concerned
(7) Opening or closure of local roads, alleys, parks, or squares
within its jurisdiction
o Requisites for permanent closure:
(1) Ordinance for the purpose
(2) Adequate substitute for the public facility that is
subject to closure is provided
(3) May be properly used or conveyed for any
purpose for which other real property may be
lawfully used or conveyed
(4) 2/3 vote of all the members of the Sangguinan
o Requisites for temporary closure:
(1) Ordinance for the purpose
(2) For actual emergencies, fiestas, public rallies,
agricultural or industrial fairs, and highway,
telecommunications, and waterwork projects
(3) Duration of the closure shall be specified by the
local Chief Executive in a written order
(4) Only for activities officially sponsored,
recognized, or approved by the LGU concerned
(8) Authority to secure and negotiate grants
(9) Local legislative power
o Delegated power from Congress, such that ordinances
should not contravene an existing statute enacted by
Congress
o Local legislative power is exercised by the Sanggunian
concerned
Presiding officers for respective Sanggunians:
Province Vice-governor
City City vice-mayor
Municipality Municipal vice-mayor
Barangay Punong barangay
*Presiding officers shall only vote to break a tie
o Ordinance vs. Resolution
An ordinance prescribes a permanent rule of
conduct and has the effect of a law; while a
resolution is a declaration of sentiment of opinion of
a law-making body on a specific matter
An ordinance is general and permanent in character;
while a resolution is temporary in nature
An ordinance requires a third reading; while a
resolution does not require a third reading
o Requisites of a valid ordinance:
(1) Must be general in application
(2) Must be consistent with public policy
(3) Must not be unfair or oppressive
(4) Must not prohibit, but may only regulate trade
(5) Must not be unreasonable
(6) Must not be partial or discriminatory
(7) Must not contravene the Constitution and any
statute
*The local chief executive affixes his signature on
each and every page thereof
*The local chief executive may veto the following
in an ordinance only once on the ground that it is (a)
ultra vires or (b) prejudicial to public welfare:
(1) Particular items of an appropriation
ordinance
(2) Adoption of local development plan and
public investment plan
(3) Ordinance directing payment of money
or creating liability
*The veto may be overridden by 2/3 vote of
all Sanggunian members
*The veto must be communicated to the
Sanggunian (a) within 15 days for
provinces and (b) within 10 days for cities
and municipalities; otherwise, the ordinance
shall be deemed approved
o Ordinances or resolutions shall take effect after 10 days
from the date a copy thereof is posted (a) in a bulletin board
at the entrance of the provincial/city/municipality/barangay
hall and (b) in at least 2 other conspicuous places in the
LGU
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 Except when otherwise stated in the resolution or
ordinance
o *The gist of ordinances with penal sanctions must be
published in a newspaper of general circulation within the
province
(10) Power to license
-Initiative vs. Referendum
Initiative is the legal process whereby the registered voters of an
LGU may directly (a) propose, (b) enact, or (c) amend any
ordinance
Initiative is resorted to by the people directly either because the law-
making body fails or refuses to enact the law, ordinance, resolution,
or act they desire; or because the people want to amend or modify
one already existing
o Procedure:
(1) Registered voters must file a petition with the
Sanggunian
At least 1,000 voters for provinces
At least 1,000 voters for cities
At least 100 voters for municipalities
At least 50 voters for barangays
(2) Formulation of the proposition with the
assistance of the COMELEC
2 or more propositions may be submitted in
an initiative
(3) Collection of the required number of signatures
from notice within:
90 days for provinces
90 days for cities
60 days for municipalities
30 days for barangays
(4) Petition is signed before the election registrar or
his representative, representative of the proponent,
and representative of the Sanggunian
(5) COMELEC provides a certification as to
whether or not the required number of signatures
had been obtained
(6) If the votes are sufficient, the COMELEC sets a
date for initiative during which the proposition shall
be submitted to the registered voters for approval
within:
60 days for provinces
45 days for municipalities
30 days for barangays
(7) If the proposition is approved by a majority of
the votes cast, the same shall take effect within 15
days after certification by the COMELEC
o Local initiative shall not be exercised more than once in a
year and shall extend only to subjects/matters that are within
the legal powers of the Sanggunian to enact
Referendum is the legal process whereby the registered voters of an
LGU may approve, amend, or reject any ordinance enacted by the
Sanggunian
Referendum involves submission by the law-making body to the
registered voters, for approval or rejection, any ordinance or
resolution which is duly enacted or approved by such law-making
authority
o Local referendum shall be under the control and direction of
the COMELEC within
60 days for provinces
45 days for municipalities
30 days for barangays
-Coordination and consultation with National agencies
No project or program shall be implemented by government
authorities unless (a) consultations with the local government are
complied with and (b) prior approval of the Sanggunian concerned
is obtained
Occupants in areas where such projects or programs are to be
implement shall not be evicted, unless appropriate relocation sites
have been provided
The following projects or programs must undergo prior consultation:
o (1) Those which may cause pollution
o (2) Those which may cause climate change
o (3) Those which may cause the depletion of non-renewable
resource
o (4) Those which may cause loss of cropland, rangeland, or
forest cover
o (5) Those which may cause the extinction of animal or plant
species
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-Local elective officials
Qualifications of local elective officials:
o (1) Citizen of the Philippines
Must be possessed, at the latest, at the time the
official is proclaimed and at the start of the term of
office to which he has been elected
o (2) Registered voter in the municipality, city, or province
o (3) Resident in the LGU concerned for at least 1 year
immediately preceding the day of the election
o (4) Able to read and write Filipino or any other local
language or dialect
o (5) Must possess the required age on election day
23 years old
Governor, vice-governor, and member of
the Sangguinang panlalawigan
Mayor, vice-mayor, and member of the
Sangguinang panlungsod of highly
urbanized component cities
21 years old
Mayor or vice-mayor of independent
component cities, component cities, and
municipalities
18 years old
Members of the Sangguinang panlungsod
or bayan
18 years old
Punong barangay and member of the
Sangguniang barangay
Disqualifications of elective local officials:
o (1) Those who have been sentenced by final judgment for an
offense (a) involving moral turpitude or (b) punishable by 1
year of imprisonment, within 2 years after serving sentence
o (2) Those removed from office as a result of an
administrative case
o (3) Those convicted by final judgment for violating the oath
of allegiance to the Republic
o (4) Those with dual citizenship
o (5) Those who are fugitives from justice in criminal or non-
political cases in the Philippines or abroad
o (6) Permanent residents in a foreign country; or those who
have acquired the right to reside abroad and continue to
avail of the same right
o (7) Insane or feeble-minded
Term of office
o 3 years for local elective officials
o No local elective official shall serve for more than 3
consecutive terms in the same position
Prohibitions:
o (1) Business and pecuniary interest
(a) Engage in any business transaction with the
LGU in which he is an official or employee or over
which he has the power of supervision, or with any
of its authorized boards, officials, agents, or
attorneys, whereby money is to be paid or property
or any other thing of value is to be transferred,
directly or indirectly, out of the resources of the
LGU to such person or firm;
(b) Hold such interests in any cockpit or other
games licensed by the LGU
(c) Purchase any real estate or other property
forfeited in favor of such LGU for unpaid taxes or
assessment or by virtue of a legal process at the
instance of the said LGU;
(d) Be a surety for any person contracting or doing
business with the LGU for which a surety is
required
(e) Possess or use any public property of the LGU
for private purposes.
(f) All other prohibitions governing the conduct of
national public officers relating to prohibited
business and pecuniary interest so provided for
under RA 6713 (Code of Conduct and Ethical
Standards for Public Officials and Employees) and
other laws
o (2) Practice of profession
(a) All governors, city and municipal mayors are
prohibited from (i) practicing their profession or (ii)
engaging in any occupation other than the exercise
of their functions as local chief executives
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 (b) Sanggunian members may practice their
professions, engage in any occupation, or teach in
schools except during session hours
Provided that Sanggunian members who
are also members of the Bar shall not:
o (1) Appear as counsel before any
court in any civil case wherein an
LGU or any office, agency, or
instrumentality of the government
is the adverse party
o (2) Appear as counsel in any
criminal case wherein an officer or
employee of the national or local
government is accused of an
offense committed in relation to his
office
o (3) Collect any fee for their
appearance in administrative
proceedings involving the LGU of
which he is an official; and
o (4) Use property and personnel of
the government, except when the
Sanggunian member concerned is
defending the interest of the
government
(c) Doctors of medicine may practice their
profession even during official hours of work only
on occasions of emergency
Provided that the officials concerned do not
derive monetary compensation therefrom
-Vacancies and Succession
Permanent vacancy
o Occurs when an elective official (a) fills a higher vacant
office, (b) refuses to assume office, (c) fails to qualify, (d)
dies, (e) is removed from office, (f) voluntarily resigns, or
(g) becomes incapacitated to discharge the functions of his
office
In case of ties between and among the highest ranking Sangguinan
members, the issue shall be resolved by the drawing of lots
-Rules on succession in case of permanent vacancy
Office Successor
Governor Vice-governor
Mayor Vice-mayor
Vice-governor/Vice-mayor Highest ranking Sangguinan
member; or in case of permanent
inability
Second highest ranking Sangguinan
member
Punong Barangay Highest ranking Sangguinang
Barangay member
Sangguniang Panlalawigan Appointed by the President, through
the Executive Secretary
Sangguniang Panlungsod of highly Appointed by the President, through
urbanized cities and independent the Executive Secretary
component cities
Sangguniang Panlugnsod of Appointed by the governor
component cities
Sangguniang Bayan Appointed by the governor
Sangguniang Barangay Appointed by the mayor, upon
recommendation of the Sangguinang
Barangay concerned
-Requirements for the appointee in succession:
(1) Nominated by the political party of the Sanggunian member who
caused the vacancy
o Except in cases of members of the Sangguniang Barangay
o *This is to maintain the party representation as will be the
people in the election
(2) Comes from the same political party as that of the Sanggunian
member who caused the vacancy
(3) Shall only serve the unexpired term of the vacant office
(4) Nomination and certificate of membership from the highest
official of the political party concerned
*If the Sanggunian member does not belong to any political party,
the local chief executive shall appoint a qualified person, upon
recommendation of the Sanggunian concerned
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-Rules on succession in case of temporary vacancy in the office of the
local Chief Executive:
Grounds Successor
Leave of absence Vice-governor, vice-mayor, or highest ranking
Sangguniang Barangay member shall automatically
exercise the powers and perform the functions of the
local chief executive, except the (a) power to appoint,
(b) power to suspend, or (c) power to dismiss
employees, unless the incapacity exceeds 30 days
Traveling abroad Vice-governor, vice-mayor, or highest ranking
Sangguniang Barangay member shall automatically
exercise the powers and perform the functions of the
local chief executive, except the (a) power to appoint,
(b) power to suspend, or (c) power to dismiss
employees, unless the incapacity exceeds 30 days
Suspension Vice-governor, vice-mayor, or highest ranking
Sangguniang Barangay member shall automatically
exercise the powers and perform the functions of the
local chief executive, except the (a) power to appoint,
(b) power to suspend, or (c) power to dismiss
employees, unless the incapacity exceeds 30 days
Travelling within Vice-governor, vice-mayor, or highest ranking
the country Sangguiniang Barangay member shall assume the
powers on the 4th day of absence, if the local chief
executive does not designate in writing the officer-in-
charge
Outside the Vice-governor, vice-mayor, or highest ranking
jurisdiction for a Sangguiniang Barangay member shall assume the
period not powers on the 4th day of absence, if the local chief
exceeding 3 days executive does not designate in writing the officer-in-
charge
-Rules on resignation:
Officer who must accept the Officer who resigns
resignation
President Governor and Vice-governor
Mayor and Vice-mayor of highly
urbanized cities and independent
component cities
Governor Municipal mayor and Vice-mayor
City mayor and Vice-pmayor of
component cities
Sangguinan concerned Sanggunian members
City/municipal mayor Barangay officials
-Discipline over local elective officials:
(1) Disloyalty to the Republic
(2) Culpable violation of the Constitution
(3) Dishonesty, oppression, misconduct in office, gross negligence,
or dereliction of duty
(4) Commission of offense involving moral turpitude
(5) Commission of offense punishable by at least prision mayor
(6) Abuse of authority
(7) Unauthorized absence for 15 consecutive working days, except
Sanggunian members
(8) Application for or acquisition of foreign citizenship or residence,
or status of an immigrant of another country
(9) Such other grounds as may be provided in the LGC and other
laws
-Rules on imposition of disciplinary action for local elective officials
Local elective officials may be removed from office by order of the
proper court
No investigation shall be held within 90 days immediately prior to
any local election
No preventive suspension shall be imposed prior to the 90 day
period immediately preceding any local election and any such
suspension imposed shall be automatically lifted upon the start of
said period
An appeal shall not prevent a decision from being executed, in
which case the official shall be considered as having been palced
under preventive suspension during the duration of the appeal
o *But AO 18 authorizes the Office of the President to stay
the execution of a decision pending appeal
The re-election of a local official bars the continuation of the
administrative case against him
Doctrine of condonation
o Prohibits the disciplining of elective officials to continue
with the administrative case for a wrongful act committed
during the officials immediately preceding term of office
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 on the theory that re-election to office operates as a
condonation of the previous misconduct to the extent of
cutting off the right to remove them therefor
o Does not apply to appointive officials or criminal cases
involving elective officials
-Jurisdiction over discipline of local officials
Where to file Erring officer
Office of the President Elective officials of provinces
Elective officials of highly urbanized
cities
Elective officials of independent
component cities
Elective officials of component cities
Sangguinang Panlalawigan with Elective officials of municipalities
appeal to the Office of the President
Sangguniang Panlungsod or Bayan Elective barangay officials
-Rules on administrative appeals for disciplinary cases
Where to file appeal Who rendered the original decision
Sangguiniang Panlalawigan Sangguiniang Panlungsod of
component cities
Sangguiniang Bayan
Office of the President, whose Sangguiniang Panlalawigan
decision shall be final and executory Sangguiniang Panlungsod of highly
urbanized cities and independent
component cities
-Preventive suspension of local elective officials:
Requisites:
o (1) Any time after the issues are joined
o (2) When the evidence of guilt is strong; and
o (3) Given the gravity of the offense, there is great
probability that the continuance in office of the official
could influence the witnesses or pose a threat to the safety
and integrity of the records and other evidence
The local elective official preventively suspended from office shall
receive no salary or compensation during such suspension
o But upon subsequent exoneration and reinstatement, he shall
be paid full salary or compensation, including such
emoluments accruing during such suspension
*The Ombudsman has concurrent authority to issue a preventive
suspension and such suspension shall have a maximum period of 6
months, instead of the usual 60 days or 90 days, as the case may be
-Rules on preventive suspension of local elective officials:
Who may impose Official preventively suspended
President Elective officials of provinces
Elective officials of highly urbanized
cities
Elective officials of independent
component cities
Governor Elective officials of component cities
Elective officials of municipalities
Mayor Elective barangay officials
Ombudsman Elective officials of provinces
Elective officials of highly urbanized
cities
Elective officials of independent
component cities
Elective officials of component cities
Elective officials of municipalities
Elective barangay officials
-Discipline over local appointive officials:
Investigation and adjudication of administrative complaints against
appointive local officials and employees, as well as their suspension
and removal, shall be in accordance with the civil service law, rules,
and other pertinent laws
-Recall:
Termination of official relationship for loss of confidence prior to
the expiration of an local elective officials term through he will of
the people
Local elective officials may be subject of a recall election only once
during his term of office for loss of confidence
No recall shall take place within 1 year from the date of the
officials assumption to office or 1 year immediately preceding a
regular local election
The recall of any elective official can only be commenced by:
o A petition of a registered voter in the LGU concerned; and
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 o Supported by the registered voters in the LGU concerned position and thereafter prepare the list of candidates which shall
during the election in which the local official was elected: include the name of the official sought to be recalled
LGUs with a voting population of 20,000 or less (6) The COMELEC shall set the date of the election or recall, which
at least 25% shall be:
LGUs with a voting population of 20,000 to 75,000 o For provincial officials not later than 45 days after the
at least 20%, but shall not be less than 5,000 filing of the petition
LGUs with a voting population of 75,000 to o For barangay/city/municipal officials not later than 30
300,000 at least 15%, but shall not be less than days after the filing of the petition
15,000
LGUs with a voting population of more than
300,000 at least 10%, but shall not be less than
45,000
The official/s sought to be recalled shall automatically be considered
as duly registered candidate/s to the positions and shall be entitled to
be voted upon
The recall shall be effective only upon the election and proclamation
of a successor in the person of the candidate receiving the highest
number of votes cast on recall
*The elective official sought to be recalled shall not be allowed to
resign while the recall process is in progress

-Procedure for initiating recall

(1) The written petition for recall, duly signed by the representatives
of the petitioners, shall be filed with the COMELEC
(2) Within 15 days from the filing of the petition, the COMELEC
shall certify to the sufficiency of the required number of signatures
(3) Within 3 days, if the petition is sufficient in form, the
COMELEC shall provide the official sought to be recalled a copy of
the petition, cause it to be published in a newspaper of general
circulation, and a newspaper of general circulation within the
locality once a week for three consecutive weeks, and post copies
in public and conspicuous places for a period of not more than 20
days
o *Within this period, any challenge or protest to the petition
shall be allowed and shall be ruled upon with finality within
15 days from the date of the filing
(4) The COMELEC shall proceed independently with the
verification and authentication of the signatures of the petitioners
and the registered voters
(5) Upon the lapse of the period for publication and posting, the
COMELEC shall announce the acceptance of candidates to the
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