ADMINISTRATIVE LAW

- Branch of public law that fixes the

organization of the government and determines
competence of authorities who execute the law
and indicates to the individual remedies for the
violations of his rights.
I. ADMINISTRATIVE BODIES OR AGENCIES
- A body, other than the courts and the
legislature, endowed with quasi-legislative and
quasi-judicial powers for the purpose of
enabling it to carry out laws entrusted to it for
enforcement or execution.
How Created:
1. by constitutional provision;
2. by legislative enactment; and
3. by authority of law.
II. POWERS OF ADMINISTRATIVE
BODIES:
1.Quasi-legislative or rule-making power;
2.Quasi-judicial or adjudicatory power; and
3.Determinative powers.
A. QUASI-LEGISLATIVE OR RULEMAKING POWER
In exercise of delegated legislative power,
involving no discretion as to what law shall
be, but merely authority to fix details in
execution or enforcement of a policy set out
in law itself.
Kinds:
1. Legislative regulation
a. Supplementary or detailed
legislation, e.g. Rules and
Regulations Implementing the Labor
Code;
b. Contingent regulation
2. Interpretative legislation, e.g. BIR
Circulars
Requisites for valid exercise:
1. Issued under authority of law;
2. Within the scope and purview of the law;
3. Promulgated in accordance with the
prescribed procedure:
a. notice and hearing generally, not
required; only when:
i. the legislature itself requires it and
mandates that the regulation shall be
based on certain facts as determined
at an appropriate investigation;
ii. the regulation is a settlement of a
controversy between specific parties;
considered as an administrative
adjudication (Cruz, Philippine
Administrative Law, p.42 - 43); or
iii. the administrative rule is in the
nature of subordinate legislation
designed to implement a law by

providing its details (CIR v. Court of

Appeals, 261 SCRA 236).
b. publication
4. Reasonable
Requisites for Validity of Administrative
Rules With Penal Sanctions:
1. law itself must declare as punishable the
violation of administrative rule or regulation;
2. law should define or fix penalty therefor;
and
3. rule/regulation must be published.
Doctrine of Subordinate Legislation power
of administrative agency to promulgate rules
and regulations on matters of their own
specialization.
Doctrine of Legislative Approval by Reenactment - the rules and regulations
promulgated by the proper administrative
agency implementing the law are deemed
confirmed and approved by the Legislature
when said law was re-enacted by later
legislation or through codification. The
Legislature is presumed to have full knowledge
of the contents of the regulations then at the
time of re-enactment.
QUASILEGISLATIVE
FUNCTIONS

QUASIJUDICIAL
FUNCTIONS

1. consists of
issuance of
rules and
regulations

1. refers to its
end product
called order,
reward or
decision

2. general
applicability

2. applies to a
specific
situation

3. prospective;
it envisages
the
promulgation
of a rule or
regulation
generally
applicable in
the future

3. present
determinatio
n of rights,
privileges or
duties as of
previous or
present time
or
occurrence

B. QUASI-JUDICIAL OR ADJUDICATORY
POWER
Proceedings partake of nature of judicial
proceedings. Administrative body
granted authority to promulgate its own
rules of procedure.
Two necessary conditions:
1. due process; and
2. jurisdiction

Includes the following powers:

1. Prescribe rules of procedure
2. Subpoena power
3. Contempt Power
Administrative Due Process:
1. right to a hearing;
2. tribunal must consider evidence
presented;
3. decision must have something to
support itself;
4. evidence must be substantial;
5. decision must be based on evidence
adduced at hearing or at least contained in
the record and disclosed to parties;
6. board of judges must act on its independent
consideration of facts and law of the case,
and not simply accept view of subordinate in
arriving at a decision; and
7. decision must be rendered in such a manner
that parties to controversy can know various
issues involved and reason for decision
rendered.(Ang Tibay vs CIR, 69 Phil 635)
Substantial Evidence relevant evidence as
a reasonable mind might accept as adequate to
support a conclusion.
Administrative Determinations Where
Notice and Hearing Not Necessary:
1. summary proceedings of distraint and levy
upon property of delinquent taxpayer;
2. grant of provisional authority for increase of
rates, or to engage in particular line of
business;
3. cancellation of passport where no abuse of
discretion is committed;
4. summary abatement of nuisance per se
which affects safety of persons or property;
5. preventive suspension of officer or
employee pending investigation; and
6. grant or revocation of licenses for permits to
operate certain businesses affecting public
order or morals.
Administrative Appeal or Review
1. Where provided by law, appeal from
administrative determination may be made
to higher or superior administrative officer
or body.
2. By virtue of power of control of President,
President himself or through Department
Head may affirm, modify, alter, or reverse
administrative decision of subordinate.
3. Appellate administrative agency may
conduct additional hearing in appealed case,
if deemed necessary.
Res judicata effect of Administritve
Decisions
- has the force and binding effect of a final
judgment (note: applies only to judicial and
quasi judicial proceedings not to exercise of
administrative functions, Brillantes vs. Castro
99 Phil. 497)

C. DETERMINATIVE POWERS
1. enabling permit the doing of an act which
the law undertakes to regulate;
2. directing order the doing or performance
of particular acts to ensure compliance with
the law and are often exercised for
corrective purposes
3. dispensing to relax the general operation
of a law or to exempt from general
prohibition, or relieve an individual or a
corporation from an affirmative duty;
4. examining - also called investigatory power;
5. summary power to apply compulsion or
force against persons or property to
effectuate a legal purpose without judicial
warrants to authorize such actions.
III. EXHAUSTION OF
ADMINISTRATIVE REMEDIES
Whenever there is an available
administrative remedy provided by law,
no judicial recourse can be made until all
such remedies have been availed of and
exhausted.
1. Doctrine of Prior Resort or (Doctrine of
Primary Administrative Jurisdiction)
where there is competence or jurisdiction
vested upon administrative body to act upon
a matter, no resort to courts may be made
before such administrative body shall have
acted upon the matter.
1. Doctrine of Finality of Administrative
Action no resort to courts will be allowed
unless administrative action has been
completed and there is nothing left to be
done in administrative structure.
2. Judicial Relief from Threatened
Administrative Action courts will not
render a decree in advance of
administrative action and thereby render
such action nugatory. It is not for the court
to stop an administrative officer from
performing his statutory duty for fear he will
perform it wrongly.
Effect of Failure to Exhaust Administrative
Remedies: as a general rule, jurisdiction of the
court is not affected but the complaint is
vulnerable to dismissal due to lack of cause of
action.
Exceptions to the Doctrine:
1. doctrine of qualified political agency (when
the respondent is a department secretary
whose acts as an alter ego of the President
bears the implied and assumed approval of
the latter); except where law expressly
provides exhaustion;
2. administrative remedy is fruitless;
3. where there is estoppel on part of
administrative agency;
4. issue involved is purely legal;
5. administrative action is patently illegal,
amounting to lack or excess of jurisdiction;

6. where there is unreasonable delay or official

inaction;
7. where there is irreparable injury or threat
thereof, unless judicial recourse is
immediately made;
8. in land case, subject matter is private land;
9. where law does not make exhaustion a
condition precedent to judicial recourse;
10. where observance of the doctrine will result
in nullification of claim;
11. where there are special reasons or
circumstances demanding immediate court
action; and
12. when due process of law is clearly violated.
IV. JUDICIAL REVIEW OF ADMINISTRATIVE
DECISIONS
When made:
1. to determine constitutionality or validity of
any treaty, law, ordinance, executive
order, or regulation;
2. to determine jurisdiction of any
administrative board, commission or
officer;
3. to determine any other questions of law;
and
4. to determine questions of facts when
necessary to determine either:
a. constitutional or jurisdictional issue;
b. commission of abuse of authority; and
LAW ON PUBLIC OFFICERS
I.PUBLIC OFFICE
- right, authority and duty created and
conferred by law, by which for a given
period, either fixed by law or enduring at
pleasure of creating power, and individual is
vested with some sovereign functions of
government to be exercised by him for the
benefit of the public.(Fernandez vs Sto
Tomas, 234 SCRA 546)
Elements of Public Office: (LSDIP)
1. created by law or ordinance authorized by
law;
2. possess sovereign functions of government
to be exercised for public interests;
3. functions defined expressly or impliedly by
law;
4. functions exercised by an officer directly
under control of law, not under that of a
superior officer unless they are functioned
conferred by law upon inferior officers, who
by law, are under control of a superior;
(duties performed independently) and
5. with permanency or continuity, not
temporary or occasional.
Characteristics:
-Public office is a public trust.
-Public office is not property and is outside the
commerce of man. It cannot be subject of a
contract. (Cruz, Law on Public Officers, p.5)

c.

when administrative fact finding body

is unduly restricted by an error of law.

Modes of review:
1. Statutory;
2. Non-statutory inherent power of the court
to review such proceedings upon questions
of jurisdiction and questions of law;
3. Direct proceeding;
4. Collateral attack.
General Rule: Findings of facts of
Administrative Agencies accorded great weight
by the Courts.
Exceptions to the Rule:
1. factual findings not supported by evidence;
2. findings are vitiated by fraud, imposition or
collusion;
3. procedure which led to factual findings is
irregular;
4. palpable errors are committed; and
5. grave abuse of discretion, arbitrariness or
capriciousness is manifest.

Brandeis Doctrine of Assimilation of

Facts one purports to be finding of fact
but is so involved with and dependent
upon a question of latter,courts will
review the entire case including the
latter. law as to be in substance and
effect a decision on the .

II. PUBLIC OFFICERS

- individuals vested with public office
Classification of Public Officers:
1. Executive, legislative and judicial officers;
2. Discretionary or ministerial officers;
3. Civil or military officers;
4. Officers de jure or de facto; and
5. National, provincial or municipal officials
Eligibility and qualification:
two senses:
1. may refer to endowments, qualities or
attributes which make an individual
eligible for public office;
2. may refer to the act of entering into
performance of functions of public office.
Authority to prescribe qualification:
1. when prescribed by Constitution, ordinarily
exclusive, the legislature may not increase
or reduce qualifications except when
Constitution itself provides otherwise as
when only minimum or no qualifications are
prescribed( ex: Art XIII Sec 17 (2), Art VIII
Sec 7 (2) Consti) ;
2. when office created by statute, Congress
has generally plenary power to prescribe
qualification but such must be:
a. germane to purpose of office; and
b. not too specific so as to refer to only one
individual.

title to the
office

III. DE FACTO OFFICERS

- one who has reputation of being an officer
that he assumes to be, and yet is not an
officer in point of law.
- a person is a de facto officer where the
duties of the office are exercised under any
of the following circumstances:
1. Without a known appointment or
election, but under such circumstances
of reputation or acquiescence as were
calculated to induce people, without
inquiry, to submit to or invoke his action,
supposing him to the be the officer he
assumed to be; or
2. Under color of a known and valid
appointment or election, but where the
officer has failed to conform to some
precedent requirement or condition (e.g.,
taking an oath or giving a bond);
3. Under color of a known election or
appointment, void because:
a. the officer was not eligible;
b. there was a want of power in the
electing or appointing body;
c. there was a defect or irregularity in
its exercise;
such ineligibility, want of power, or
defect being unknown to the public.
4. Under color of an election or an
appointment by or pursuant to a public,
unconstitutional law, before the same is
adjudged to be such.

3.

DE JURE
OFFICER

DE FACTO
OFFICER

1. rests on the
right

1. on reputation

2. has lawful or

2. has

3. may be
ousted in a
direct
proceeding
against him.

DE FACTO
OFFICER

INTRUDER

1. officer under
any of the 4
circumstance
s mentioned

1. one who
takes
possession of
an office and
undertakes to
act officially
without any
authority,
either actual
or apparent

2.

has color of
right or title
to office

2. has neither
lawful title
nor color of
right or title
to office

3.

acts are valid

as to the
public until
such time as
his title to
the office is
adjudged
insufficient

3. acts are
absolutely
void and can
be
impeached in
any
proceeding at
any time
unless and
until he
continues to
act for so
long a time
as to afford a
presumption
of his right to
act

4.

entitled to
compensatio
n for services
rendered

4. not entitled
to
compensatio
n

Note: Here, what is unconstitutional is not the

act creating the office, but the act by which the
officer is appointed to an office legally existing.
(Norton v. County of Shelby)
Requisites:
1. valid existing office;
2. actual physical possession of said office;
3. color of title to office;
4. by reputation or acquiescence;
5. known or valid appointment or election but
officer failed to conform with legal
requirements;
6. known appointment or election but void
because of ineligibility of officer or want of
authority of appointing or electing authority
or irregularity in appointment or election not
known to public; and
7. known appointment or election pursuant to
unconstitutional law before declaration of
unconstitutionality.

cannot be
removed in a
direct
proceeding

possession
and performs
the duties
under color of
right without
being
technically
qualified in
all points of
law to act

Legal Effects of Acts

- valid insofar as they affect the public

Entitlement to Salaries
General Rule: rightful incumbent may recover
from de facto officer salary received by
latter during time of wrongful tenure even
though latter is in good faith and under color
of title.(Monroy v. CA, 20 SCRA 620)
Exception: when there is no de jure public
officer, de facto officer entitled to salaries
for period when he actually discharged
functions.(Civil Liberties Union v. Exec. Sec.,
194 SCRA 317)
Challenge to a De Facto Officer: must be in a
direct proceeding where the title will be the
principal issue
IV. COMMENCEMENT OF OFFICIAL
RELATIONS:
1. by appointment; or
2. by election
Appointment selection, by authority vested
with power, of individual who is to perform
functions of a given office.
Essentially a discretionary power and
must be performed by the officer in
which it is vested according to his best
lights, the only condition being that the
appointee should possess the minimum
qualification requirements prescribed by
law for the position (Nachura, Reviewer
in Political Law, p. 305)
Commission written evidence of
appointment.
Designation imposition of additional
duties, usually by law, on a person already
in public office.
Classification of Appointments:
1. Permanent extended to person
possessing requisite qualification for the
position and thus enjoys security of
tenure;
2. Temporary acting appointment, given
to a non-civil service eligible is without a
definite tenure and is dependent upon
the pleasure of the appointing power;
3. Provisional- is one which may be issued
upon prior authorization of the
Commissioner of Civil service in
accordance with the provisions of the
Civil Service Law and the rule and
standards to a person who has no t
qualified in an appropriate examination
but who otherwise meets the
requirements for appointment to a
regular position in the competitive
service, whenever a vacancy occurs and
the filling thereof is necessary in the
interest of the service and there is no
appropriate register of those who are
eligible at the time of appointment;

4. Regular made by President while

Congress is in session and becomes
effective after nomination is confirmed
by the Commission on Appointments
and continues until the end of term; and
5. Ad-interim
a. Recess -- made while Congress is not
in session, before confirmation, is
immediately effective, and ceases to
be valid if disapproved or bypassed
by CA upon next adjournment of
Congress;
b. Midnight made by the President
before his term expires, whether or
not this is confirmed by the
Commission on Appointments.
Regular
appointmen
t
Made during
the
legislative
session
Made only
after the
nomination is
confirmed by
the
Commission
on
Appointment
s (CA)
Once
confirmed by
the CA
continues
until t he end
of the term of
the
appointee

Ad interim
appointmen
t
Made during
the recess
Made before
such
confirmation

Shall cease to
be valid if
disapproved
by the CA or
upon the next
adjournment

Nepotism all appointments in the

national, provincial, city and municipal
governments or in any branch or
instrumentality thereof, including GOCC,
made in favor of a relative of the (1)
appointing or (2) recommending authority or
of the (3) chief of the bureau or office or of
the (4) persons exercising immediate
supervision over him. A relative is one
within the 3rd degree either of consanguinity
or affinity
Vacancy when an office is empty and
without a legally qualified incumbent
appointed or elected to it with a lawful right
to exercise its powers and performs its
duties.
Classifications of vacancy:
1. original when an office is created
and no one has been appointed to fill
it;

2. constructive when the incumbent

has no legal right or claim to
continue in office and can be legally
replaced by another functionary;
3. accidental when the incumbent
having died, resigned, or been
removed;
4. absolute when the term of an
incumbent having expired and the
latter not having held over, no
successor is in being who is legally
qualified to assume the office.
V. POWERS AND DUTIES OF A
PUBLIC OFFICER:
1. Ministerial discharge is imperative and
requires neither judgment nor discretion,
mandamus will lie; and
2. Discretionary imposed by law wherein
officer has right to decide how and when
duty shall be performed, mandamus will not
lie.
II.

LIABILITY OF PUBLIC OFFICER

General Rule: not liable for injuries sustained

by another as a consequence of official acts
done within the scope of his authority, except
as otherwise provided by law.
A Public Officer shall not be civilly liable for
acts done in the performance of his duties
Exceptions:
1. statutory liability under the Civil Code (Arts.
27, 32 and 34);
2. When there is a clear showing of bad faith,
malice or negligence (Administrative Code
of 1987);
3. liability on contracts; and
4. liability on tort .
Threefold Liability Rule wrongful acts or
omissions of public officers may give rise to
civil, criminal, and administrative liability.
(CAC liability rule)
Liability of Ministerial Officers:
1. Nonfeasance neglect or refusal to
perform an act which is officers legal
obligation to perform;
2. Misfeasance failure to use that degree of
care, skill and diligence required in the
performance of official duty; and
3. Malfeasance doing, through ignorance,
inattention or malice, of an act which he had
no legal right to perform.
Doctrine of Command Responsibility
A superior officer is liable for acts of a
subordinate when: (ERCAL)
1. he negligently or willfully employs or retains
unfit or incompetent subordinates;

2. he negligently or willfully fails to require

subordinate to conform to prescribed
regulations;
3. he negligently or carelessly oversees
business of office as to furnish subordinate
an opportunity for default;
4. he directed or authorized or cooperated in
the wrong; or
5. law expressly makes him liable.

Under the Revised Admin. Code of 1987, A

Superior Officer shall be liable for acts of
subordinate officers only if he has actually
authorized be written order the specific act
or misconduct complained.
Subordinate officers are also liable for willful
or negligent acts even if he acted under
orders if such acts are contrary to law,
morals, public policy and good customs

Preventive Suspension
- a precautionary measure so that an
employee who is formally charged of an offense
may be separated from the scene of his alleged
misfeasance while the same is being
investigated (Bautista v. Peralta, 18 SCRA 223)
- need not be preceded by prior notice and
hearing since it is not a penalty but only a
preliminary step in an administrative
investigation (Lastimosa v. Vasquez, 243 SCRA
497)
- the period of preventive suspension cannot
be deducted from whatever penalty may be
imposed upon the erring officer (CSC Resolution
No. 90-1066)
PENDING
INVESTIGATION
[Sec.51,
E.O.292]

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

1. not a penalty
but only a
means of
enabling the
disciplinary
authority to
conduct an
unhampered
investigation.

1. Punitive in
character

2. no
compensatio
n due for the
period of
suspension
even if found
innocent of
the charges.

2. If exonerated,
he should be
reinstated
with full pay
for the period
of
suspension.

Rules on Preventive Suspension:

1. Appointive Officials
Not a Presidential Appointee (Secs. 41-42, P.D.
807):
a. by whom the proper disciplining
authority may preventively suspend;
b. against whom any subordinate officer
or employee under such authority;
c. when pending an investigation;
d. grounds if the charge against such
officer or employee involves:
i. dishonesty;
ii. oppression or grave misconduct;
iii. neglect in the performance of duty;
or
iv. if there are reasons to believe that
respondent is guilty of the charges
which would warrant his removal
from the service
e. duration the administrative
investigation must be terminated within
90 days; otherwise, the respondent shall
be automatically reinstated unless the
delay in the disposition of the case is
due to the fault, negligence or petition of
the respondent, in which case the period
of delay shall not be counted in
computing the period of suspension.
A Presidential Appointee:
a. can only be investigated and removed
from office after due notice and hearing
by the President of the Philippines under
the principle that the power to remove
is inherent in the power to appoint as
can be implied from Sec. 5, R.A.2260
(Villaluz v. Zaldivar, 15 SCRA 710).
b. the Presidential Commission Against
Graft and Corruption (PCAGC) shall have
the power to investigate administrative
complaints against presidential
appointees in the executive department
of the government, including GOCCs
charged with graft and corruption
involving one or a combination of the
following criteria:
i. presidential appointees with the rank
equivalent to or higher than an
Assistant Regional Director;
ii. amount involved is at least P10M;
iii. those which threaten grievous harm
or injury to the national interest; and
iv. those which may be assigned to it by
the President (E.O. No. 151 and 151A).
2. Elective Officials: (Sec 63, R.A. 7160)
a. by whom against whom
i. President elective official of a
province, a highly urbanized or an
independent component city;
ii. Governor elective official of a
component city or municipality;
iii. Mayor elective official of a
barangay
b. when at any time after the issues are
joined;
c. grounds:

i.

reasonable ground to believe that the

respondent has committed the act or
acts complained of;
ii. evidence of culpability is strong;
iii. gravity of the offense so warrants;
iv. continuance in office of the
respondent could influence the
witnesses or pose a threat to the
safety and integrity of the records
and other evidence
d. duration:
i. single administrative case not to
extend beyond 60 days;
ii. several administrative cases not
more than 90 days within a single
year on the same ground or grounds
existing and known at the time of the
first suspension
- Section 24 of the Ombudsman Act (R.A.
6770) expressly provide that the
preventive suspension shall continue
until the case is terminated by the Office
of the Ombudsman but not more than 6
months without pay. The preventive
suspension for 6 months without pay is
thus according to law (Lastimosa v.
Vasquez, 243 SCRA 497)
- R.A. 3019 makes it mandatory for the
Sandiganbayan to suspend, for a
maximum period of 90 days unless the
case is decided within a shorter period,
any public officer against whom a valid
information is filed charging violation of:
1. R.A. 3019;
2. Book II, Title 7, Revised Penal Code; or
3. offense involving fraud upon government
or public funds or property (Cruz, The
Law of Public Officers, pp. 86-87)
VII. RIGHTS OF PUBLIC OFFICERS:
1. Right to Office just and legal claim to
exercise powers and responsibilities of
the public office.
Term period during which officer
may claim to hold office as a right.
Tenure period during which officer
actually holds office.
2. Right to Salary
Basis: legal title to office and the fact
the law attaches compensation to the
office.
Salary compensation provided to be
paid to public officer for his services.
Preventive Suspension public officer
not entitled during the period of
preventive suspension, but upon
exoneration and reinstatement he must
be paid full salaries and emoluments
during such period.
Back salaries are also payable to an
officer illegally dismissed or otherwise
unjustly deprived of his office the right to

recover accruing from the date of

deprivation. The claim for back salaries
must be coupled with a claim for
reinstatement and subject to the
prescriptive period of one (1) year.
(Cruz, Law on Public Officers, p126-126)
Forms of Compensation:
a. salary personal compensation to
be paid to public officer for his
services and it is generally a fixed
annual or periodical payment
depending on the time and not on
the amount of the service he may
render;
b. per diem allowance for days
actually spent in the performance of
official duties;
c. honorarium something given as
not as a matter of obligation, but in
appreciation for services rendered;
d. fee payment for services rendered
or on commission on moneys
officially passing through their hands;
and
e. emoluments profits arising from
the office, received as compensation
for services or which is annexed to
the office as salary, fees, or
perquisites.
3. Right to Preference in Promotion
Promotion movement from one
position to another with increase in duties
and responsibilities as authorized by law
and usually accompanied by an increase
in pay.
Next-in-Rank Rule the person next in
rank shall be given preference in
promotion when the position immediately
above his is vacated. But the appointing
authority still exercises his discretion and
is not bound by this rule.
Appointing officer is only required to
give special reasons for not
appointing officer next in rank if he
fills vacancy by promotion in
disregard of the next in rank rule.
(Pineda vs. Claudio, 28 SCRA 34)
Automatic Reversion Rule all
appointments involved in chain of
promotions must be submitted
simultaneously for approval by the
Commission, the disapproval of the
appointment of a person proposed to a
higher position invalidates the promotion
of those in the lower positions and
automatically restores them to their
former positions.
4. Right to vacation leave and sick leave with
pay;

5. Right to maternity leave;

6. Right to pension and gratuity;
Pension regular allowance paid to an
individual or a group of individuals by
the government in consideration of
services rendered or in recognition of
merit, civil or military.
Gratuity a donation and an act of pure
liberality on the part of the State.
7. Right to retirement pay;
8. Right to reimbursement for expenses
incurred in performance of duty;
9. Right to be indemnified against any liability
which they may incur in bona fide discharge
of duties; and
10. Right to longevity pay.
11. Right to Self-Organization
Art III, Sec 8 1987Consti. Note: Civil servants
are now given the right to self organize but they
may not stage strikes (see: SSS Employees
Assoc. vs. CA, 175 SCRA 686)
VIII. MODES OF TERMINATION
OFFICIAL RELATIONSHIP:
(TR3A3P DIFC2IT)
1. expiration of term or tenure;
2. reaching the age limit;
3. resignation;
4. recall;
5. removal;
6. abandonment;
7. acceptance of incompatible office;
8. abolition of office;
9. prescription of right to office (within one
year after the cause of ouster or the right to
hold such office or position arose);
10. impeachment;
11. death;
12. failure to assume elective office within 6
months from proclamation;
13. conviction of a crime; and
14. filing of certificate of candidacy.

When public officer holds office at pleasure

of appointing power, his replacement
amounts to expiration of his term, not
removal.(Alajar vs Alba, 100 Phil 683)
Principle of Hold-Over if no express or
implied Constitutional or statutory provision to
the contrary, public officer is entitled to hold
office until successor has been chosen and shall
have qualified.
Purpose: to prevent hiatus in public office.
(But subject to Art. 237 of RPC)
Retirement:
Members of Judiciary : 70 years of age

 Other government officers and employees :

65 years of age

Optional retirement age: after rendition of

minimum number of years of service.
Accepting Authority for Resignation:
1. to competent authority provided by law;
2. If law is silent and public officer is
appointed, tender to appointing officer;
3. If law is silent and public officer is elected,
tender to officer authorized by law to call
election to fill vacancy:
a. President and Vice-President - Congress
b. Members of Congress - respective
Chambers
e. Governors, Vice Governors, Mayors and
Vice Mayors of HUCs and independent
component cities - President.
f. Municipal Mayors and Vice Mayors/City
Mayors and Vice Mayors of component
cities - Provincial Governor;
g. Sanggunian Members Sanggunian
concerned; and
h. Elective Barangay Officials Municipal or
City Mayors
Recall - termination of official relationship
for loss of confidence prior to expiration of
his term through the will of the people.
Limitations on Recall:
1. any elective official may be subject of a
recall election only once during his term of
office for loss of confidence; and
2. no recall shall take place within one year
from date of the officials assumption to
office or one year immediately preceding a
regular local election.
Procedure for Recall (Secs. 70-72, R.A.
7160)
1. Initiation of the Recall Process:
a. by a Preparatory Recall Assembly (PRA)
composed of:
i. Provincial mayors, vice mayors and
sanggunian (sg) members of the
municipalities and component cities;
ii. City punong barangay and (sg)
barangay members;
iii. Legislative District:
iiia. SG Panlalawigan municipal
officials in the district;
ELECTION LAW
I.SUFFRAGE
- right to vote in election of officers chosen
by people and in the determination of
questions submitted to people. It
includes:
1. election;
2. plebiscite;
3. initiative; and
4. referendum.

iiib. SG Panglunsod barangay

officials in the district;
iv. Municipal - punong barangay and
(sg) barangay members;
majority of the PRA members shall
convene in session in a public place;
recall of the officials concerned shall
be validly initiated through a
resolution adopted by a majority of
all the PRA members concerned
b. by the Registered Voters (RV) in the
province, city, municipality or barangay
(LGU) concerned - at least 25% of the
total number of RV in the LGU concerned
during the election in which the local
official sought to be recalled was
elected;
i. written petition filed with the
COMELEC in the presence of the
representative of the petitioner and a
representative of the official sought
to be recalled, and in a public place
of the LGU;
ii. COMELEC shall cause the publication
of the petition in a public and
conspicuous place for a period of not
less than 10 days nor more than 20
days
iii. upon lapse of the said period,
COMELEC shall announce the
acceptance of candidates and shall
prepare the list of candidates which
shall include the name of the official
sought to be recalled
3. Election on Recall COMELEC shall set the
date of the election on recall:
a. for barangay, city or municipal officials
not later than 30 days after the filing of
the resolution or petition;
b. for provincial officials - not later than 45
days after the filing of the resolution or
petition;
4. Effectivity of Recall only upon the election
and proclamation of a successor in the
person of the candidate receiving the
highest number of votes cast during the
election on recall.
Should the official sought to be recalled
receive the highest number of votes,
confidence in him is thereby affirmed,
and he shall continue in office.
Election means by which people choose
their officials for a definite and fixed period
and to whom they entrust for time being the
exercise of powers of government.
Kinds:
1. Regular election one provided by law
for election of officers either nationwide
or in certain subdivisions thereof, after
expiration of full term of former
members; and

2. Special election one held to fill vacancy

in office before expiration of full term for
which incumbent was elected.
Failure of Elections there are only 3
instances where a failure of elections may
be declared, namely:
a. The election in any polling place has
not been held on the date fixed on
account of force majeure, violence,
terrorism, fraud, or other analogous
causes;
b. The election in any polling place had
been suspended before the hour
fixed by law for the closing of the
voting on account of force majeure,
violence, terrorism, fraud, or other
analogous causes; and
c. After the voting and during 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
force majeure, violence,
terrorism, fraud or other analogous
causes. (Joseph Peter Sison v.
COMELEC, G.R. No. 134096, March 3,
1999)

What is common in these three

instances is the resulting failure to
elect. In the first instance, no
election is held while in the second,
the election is suspended. In the
third instance, circumstances
attending the preparation,
transmission, custody or canvass of
the election returns cause a failure to
elect. The term failure to elect means
nobody emerged as a winner.
(Pasandalan vs. Comelec, G.R. No.
150312, July 18, 2002)
The causes for the declaration of a
failure of election may occur before
or after the casting of votes or on the
day of the election. (Sec. 4, R.A.
7166)
The COMELEC shall call for the
holding or continuation of the
election on a date reasonably close
to the date of the election not held,
suspended, or which resulted in a
failure to elect but not later than 30
days after the cessation of the cause
of such suspension or failure to elect.
(Sec. 6, B.P. 881)
In such election, the location of
polling places shall be the same as
that of the preceding regular
election. However, changes may be
initiated by written petition of the
majority of the voters of the precinct
or agreement of all the political
parties or by resolution of the
Comelec after notice and hearing.

(Cawasa vs. Comelec, G.R. No.

150469, July 3, 2002)
Postponement of Elections - An election
may be postponed by the COMELEC either
motu proprio or upon a verified petition by
any interested party when there is violence,
terrorism, loss or destruction of election
paraphernalia or records, force majeure, or
other analogous cause of such a nature that
the holding of a free, orderly and honest
election becomes impossible in any political
subdivision. (Sec. 5, B.P. 881)

The COMELEC shall call for the holding of

the election on a date reasonably close
to the date of the election not held,
suspended, or which resulted in a failure
to elect but not later than 30 days after
the cessation of the cause for such
postponement or suspension of the
election or failure to elect. (Sec. 5, B.P.
881)

Qualification for Suffrage:

1. Filipino citizen;
2. At least 18 years of age;
3. Resident of the Philippines for at least one
year;
4. Resident of place where he proposes to vote
for at least 6 months; and
5. Not otherwise disqualified by law.
Disqualification:
1. person convicted by final judgment to suffer
imprisonment for not less than 1 year,
unless pardoned or granted amnesty; but
right reacquired upon expiration of 5 years
after service of sentence;
2. person adjudged by final judgment of having
committed any crime involving disloyalty to
government or any crime against national
security; but right is reacquired upon
expiration of 5 years after service of
sentence; and
3. insane or incompetent persons as declared
by competent authority (Sec. 118, OEC).
II. POLITICAL PARTY
- organized group of citizens advocating an
ideology or platform, principles and policies for
the general conduct of government and which,
as the most immediate means of securing their
adoption, regularly nominates and supports
certain of its leaders and members as candidate
in public office. (Bayan Muna v. Comelec, GR
No. 147613, June 28, 2001)

To acquire juridical personality and to

entitle it to rights and privileges granted
to political parties, it must be registered
with COMELEC

policies for the general conduct of

government and which, as the most

immediate means of securing their

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

4.

To acquire juridical personality and to

entitle it to rights and privileges granted
to political parties, it must be registered
with COMELEC.

Groups Disqualified for Registration:

1. religious denominations or sects;
2. those who seek to achieve their goals
through violence or unlawful means;
3. those who refuse to uphold and adhere to
Constitution; and
4. those supported by foreign governments.
Grounds for Cancellation of
Registration:
1. accepting financial contributions from
foreign governments or their agencies; and
2. failure to obtain at least 10% of votes casts
in constituency where party fielded
candidates.
Party System a free and open party system
shall be allowed to evolve according to free
choice of people.
no votes cast in favor of political party,
organization or coalition shall be valid
except for those registered under the
party-list system provided in the
Constitution;
political parties registered under partylist system shall be entitled to appoint
poll watchers in accordance with law;
and
part-list representatives shall constitute
20% of total number of representatives
in the House.
Guidelines for screening party-list
participants
1. The political party, sector, organization or
coalition must represent the marginalized
and underrepresented groups identified in
Sec. 5 of RA 7941. Majority of its membership should belong to the marginalized and
underrepresented;
2. While even major political parties are
expressly allowed by RA 7941 and the
Constitution, they must comply with the
declared statutory policy of Filipino citizens
belonging to marginalized and underrepresented sectors to be elected to the
House of Representatives. Thus, they must
show that they represent the interest of the
marginalized and underrepresented.
3. That religious sector may not be
represented in the party-list system; except

5.

6.

7.

8.

that priests, imam or pastors may be

elected should they represent not their
religious sect but the indigenous community
sector;
A party or an organization must not be
disqualified under Sec. 6, RA 7941 as
follows:
a. it is a religious sect or denomination,
organization or association organized for
religious purposes;
b. it advocates violence or unlawful means
to seek its goals;
c. it is a foreign party or organization;
d. it is receiving support from any foreign
government, foreign political party,
foundation, organization, whether
directly or through any of its officers or
members or indirectly through third
parties for partisan election purposes;
e. it violates or fails to comply with laws,
rules or regulation relating to elections;
f. it declares untruthful statements in its
petition;
g. it has ceased to exist for at least one (1)
year; or
h. it fails to participate in the last two (2)
preceding elections or fails to obtain at
least two per centum (2%) of the votes
cast under the party-list system in two
(2) preceding elections for the
constituency in which it has registered.
the party or organization must not be an
adjunct of, or a project organized or an
entity funded or assisted by, the
government.
the party, including its nominees must
comply with the qualification requirements
of section 9, RA 7941 as follows: No person
shall be nominated as party-list
representative unless he is: (a) natural-born
citizen of the Philippines; (b) a registered
voter; (c) a resident of the Philippines for a
period of not less than one year immediately
preceding the day of the election; (d) able to
read and write; (e) 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; and (f) at least 25 years
of age on the day of the election. In case of
a nominee of the youth sector, he must at
least be twenty five (25) but not more than
thirty (30) years of age on the day of the
election. Any youth sectoral representative
who attains the age of thirty (30) during his
term shall be allowed to continue in office
until the expiration of his terms;
not only the candidate party or organization
must represent marginalized and
underrepresented sectors, so also must its
nominees;
while lacking the a well-defined political
constituency, the nominee must likewise be
able to contribute to the formation and
enactment of appropriate legislation that
will benefit the nation as a whole. (Ang

Bagong Bayani-OFW Labor Party, v.

COMELEC, GR No. 147589, June 26, 2001).
III. DISQUALIFICATION OF
CANDIDATES:
1. declared as incompetent or insane by
competent authority;
2. convicted by final judgment for subversion,
insurrection, rebellion or any offense for
which he has been sentenced to a penalty of
18 months imprisonment;
3. convicted by final judgment for crime
involving moral turpitude;
4. any person who is permanent resident of or
immigrant to a foreign country; and
5. one who has violated provisions on:
a. campaign period;
b. removal, destruction of lawful election
propaganda;
c. prohibited forms of propaganda;
d. regulation of propaganda through mass
media; and
e. election offenses.
- When a candidate has not yet been
disqualified by final judgment during the
election day and was voted for, the votes
cast in his favor cannot be declared stray.
To do so would amount to disenfranchising
the electorate in whom sovereignty resides.
(Codilla vs. Hon. Jose De Venecia, G.R. No.
150605, December 10, 2002)
Nuisance Candidate
COMELEC may motu propio or upon
petition of interested party, refuse to
give due course to or cancel
certificate of candidacy if shown that
said certificate was filed:
1. to put election process in mockery or
disrepute;
2. to cause confusion among voters by
similarity of names of registered candidates;
3. by other circumstances or acts which
demonstrate that a candidate has no bona
fide intention to run for office for which
certificate has been filed, and thus prevent a
faithful determination of true will of
electorate.
IV. FAIR ELECTIONS ACT OF 2001
9006)

(RA

Lawful election Propaganda (sec. 3):

1. Written/Printed Materials (does not exceed 8
in. width by 14 in. length)
2. Handwritten/printed letters
3. Posters (not exceeding 2 x 3 ft.)
3 by 8 ft. allowed in announcing, at
the site and on the occasion of a
public meeting or rally, may be
displayed 5 days before the date of
rally but shall be removed within 24
hours after said rally.

4. Print Ads
page in broadsheets and page
in tabloids thrice a week per
newspaper, magazine or other
publication during the campaign
period
5. Broadcast Media (i.e. TV and Radio)
NATIONAL
POSITIONS

LOCAL
POSITIONS

1. 120
minutes
for TV

1. 60
minutes
for TV

2. 180
minutes
for Radio

2. 90
minutes
for Radio

Prohibited Campaign
1. Public exhibition of movie, cinematograph or
documentary portraying the life or
biography of a candidate during campaign
period;
2. Public exhibition of a movie, cinematograph
or documentary portrayed by an actor or
media personality who is himself a
candidate;
3. Use of airtime for campaign of a media
practitioner who is an official of a party or a
member of the campaign staff of a
candidate or political party;
Limitation on Expenses:
1. for candidates:
President and Vice President =
P10/voter;
Other candidates, if with party =
P3/voter;
Other candidates, if without party =
P5/voter.
2. for political parties = P5/voter
Statement of Contribution and Expenses
every candidate and treasurer of political
party shall, within 30 days after day of
election, file offices of COMELEC the full,
true and itemized statement of all
contribution and expenditures in connection
with election.
Election Survey
The SC held that Sec. 5.4 of the Fair Election
Act prohibiting publication of survey results
15 days immediately preceding a national
election and 7 days before a local election
violates the constitutional rights of speech,
expression, and the press because:
it imposes a prior restraint on the
freedom of expression;
It is a direct and total suppression of a
category of expression even though such

suppression is only for a limited period;

and
the governmental interest sought to be
promoted can be achieved by means
other than the suppression of freedom of
expression. (Social Weather Station v.
Comelec, G.R. No. 147571 May 5, 2001)

Substituted and Substitute Candidate

- In case of valid substitutions after the
officials ballots have been printed, the votes
cast for the substituted candidates shall be
considered as stray votes but shall not
invalidate the whole ballot. For this purpose, the
official ballots shall provide for spaces where
the voters may write the name of the substitute
candidates if they are voting for the latter:
Provided, however, That if the substitute
candidate is of the same family name, this
provision shall not apply.(Sec.12)
V. PRE-PROCLAMATION
CONTROVERSY
Any question pertaining to or affecting
proceedings of Board of Canvassers
which may be raised by any candidate or
by a registered political party or coalition
of political parties before the board or
directly with COMELEC or any matter
raised under Sections 233, 234, 235, and
236, in relation to preparation,
transmission, receipt, custody and
appreciation of election returns.
Issues which may be raised in a PreProclamation Controversy:
1. Illegal composition or proceedings of the
board of Canvassers;
2. Canvassed election returns are incomplete,
contain material defects, appears to be
tampered with or falsified; or contain
discrepancies in the same returns or in other
authentic copies thereof as mentioned in
Sec. 233,234,235 and 236 of BP 881;
3. Election returns were prepared under
duress, threat, coercion, or intimidation, or
they are obviously manufactured or not
authentic; and
4. When substitute of fraudulent returns in
controverted polling places were canvassed,
the results of which materially affected the
standing of the aggrieved candidate/s.

III. ELECTION CONTESTS

Nature: special summary proceeding object of
which is to expedite settlement of controversies
between candidates as to who received majority
of legal votes.
Purpose: to ascertain true will of people and
duly elected officer, and this could be achieved
by throwing wide open the appeal before the
court.

Contest: any matter involving title or claim of

title to an elective office, made before or after
proclamation of winner, whether or not
contestant is claiming office in dispute.
Election, Returns and qualification refers
to all matters affecting validity of the
contestees title to the position.
Election conduct of the polls, including
the registration of voters, holding of election
campaign, and casting and counting of
votes.
Returns include the canvass of returns
and proclamation of winners, together with
questions concerning composition of Board
of Canvassers and authenticity of election
returns.
Qualifications matter which could be
raised in a quo warranto proceedings
against the proclaimed winner, such as his
disloyalty to the Republic or his ineligibility
or inadequacy of his certificate of candidacy.
Original Exclusive Jurisdiction Over
Election Contests
1. President and Vice-President - Supreme
Court en banc
2. Senator - Senate Electoral Tribunal
3. Representative - HR Electoral Tribunal
4. Regional/Provincial/City - COMELEC
5. Municipal - RTC
6. Barangay - MTC
Appellate Jurisdiction:
1. For decisions of RTC and MTC
appeal to COMELEC whose decision shall
be final and executory;
2. For decisions of COMELEC
petition for review on Certiorari with SC
within 30 days from receipt of decision
on ground of grave abuse of discretion
amounting to lack or excess of
jurisdiction or violation of due process;
3. For decisions of Electoral Tribunal
petition for review on Certiorari with SC
on ground of grave abuse of discretion
amounting to lack or excess of
jurisdiction or violation of due process.
Actions Which May Be Filed:
1. Election Protest
- May be filed by any candidate who has
filed a certificate of candidacy and has been
voted upon for the same officer;
Grounds:
a. fraud;
b. terrorism;
c. irregularities; or
d. illegal acts
committed before, during, or after
casting and counting of votes

Time to file: within 10 days from

proclamation of results of election.
2. Quo warranto
- Filed by any registered voter in the
constituency
Grounds:
a. ineligibility; or
b. disloyalty to Republic.
Time to file: within 10 days from
proclamation of results of election.
QUO
WARRANTO
IN ELECTIVE
OFFICE
1. determination
is eligibility of
candidateelect
2. when person
elected is
declared
ineligible,
court cannot
declare 2nd
placer as
elected, even
if eligible
IV.

QUO
WARRANTO
IN APPOINTIVE
OFFICE
1. determination
is legality of
appointment
2.

court may
determine as
to who among
the parties
has legal title
to office

ELECTION OFFENSES

Vote-Buying and Vote-Selling

(1) Any person who gives, offers or
promises money or anything of value,
gives or promises any office or
LAW ON PUBLIC CORPORATION

employment, franchise or grant, public

or private, or makes or offers to make an
expenditure, directly or indirectly, or
cause an expenditure to be made to any
person, association, corporation, entity,
or community in order to induce anyone
or the public in general to vote for or
against any candidate or withhold his
vote in the election, or to vote for or
against any aspirant for the nomination
or choice of a candidate in a convention
or similar selection process of a political
party.
(2) Any person, association, corporation,
group or community who solicits or
receives, directly or indirectly, any
expenditure or promise of any office or
employment, public or private, for any of
the foregoing considerations. (Sec. 261,
B.P. 881)

One of the effective ways of

preventing the commission of votebuying and of prosecuting those
committing it is the grant of
immunity from criminal liability in
favor of the party (person/s) whose
vote was bought. This grant of
immunity will encourage the
recipient or acceptor to come into
the open and denounce the culpritcandidate, and will ensure the
successful prosecution of the criminal
case against the latter. (Comelec vs.
Hon. Tagle, G.R. Nos. 148948 &
148951, February 17, 2003)

I. LOCAL GOVERNMENT CODE OF 1991 (R.A.

7160)
Effectivity: January 1, 1992
Scope of Application of Local
Government Code:
Applicable to:
1. all provinces,
2. cities,
3. municipalities,
4. barangays;
5. and other political subdivisions as may be
created by law; and
6. to the extent provided in the Local
Government Code:
a. to officials,
b. offices, or
c. agencies of the National Government.
Local Autonomy in its constitutional sense, to
polarize LGUs from over dependence on central
government and do not make LGUs minirepublics or imperium in imperia.
Decentralization of Administration central
government delegates administrative powers to
political subdivisions in order to broaden base of
government power and in process make LGUs
more responsive and accountable and ensure
their fullest development as self-reliant
communities and make them effective partners in
the pursuit of national development and social
progress.
Decentralization of Power involves
abdication of political power in favor of LGUs
declared autonomous.(Limbona v. Mengelin, 170
SCRA 786).
Devolution act by which national government
confers power and authority upon various LGUs
to perform specific functions and responsibilities.
[Sec.17(e), par.2, LGC].
Declaration of Policy:
1. Territorial and subdivisions of State shall enjoy
genuine and meaningful local autonomy to
enable them to attain fullest development and
make them more effective partners in
attaining national goals;
2. Ensure accountability of LGUs through
institution of effective mechanisms of recall,
initiative and referendum; and
3. Require all national agencies and offices to
conduct periodic consultations with
appropriate LGUs, NGOs and Peoples
Organizations and other concerned sector of

community before any project or program is

implemented in their respective jurisdictions.
Rules on Interpretation:
1. provision on power: liberally interpreted in
favor of LGU; in case of doubt, resolved in
favor of devolution of powers;
2. ordinance or revenue measure: construed
strictly against LGU enacting it and liberally in
favor of tax payer;
3. tax exemptions, incentive or relief granted by
LGU: construed against person claiming;
4. general welfare provisions: liberally
interpreted to give more powers to LGUs in
accelerating economic development and
upgrading quality of life for people in
community;
5. rights and obligations existing on date of
effectivity of LGC of 1991 and arising out of
contracts or any other source of prestation
involving LGU, shall be governed by original
terms and conditions of said contracts or law
in force at time such rights were vested; and
6. resolution of controversies arising under LGC
of 1991 where no legal provision or
jurisprudence applies, resort may be had to
customs and traditions in place where
controversies take place.
II. PUBLIC CORPORATION
- one formed and organized for the
government of a portion of the State.
Elements of Public Corporation:
1. legal creation or incorporation;
2. corporate name;
3. inhabitants; and
4. territory.
Classes of Corporation:
1. Quasi-corporation public corporations
created as agencies of State for narrow and
limited purposes.
2. Municipal corporation body politic and
corporate constituted by incorporation of
inhabitants of city or town purposes of local
government thereof or as agency of State to
assist in civil government of the country.
3. Quasi-public corporation private
corporation that renders public service or
supplies public wants.
PUBLIC
CORPORATION

PRIVATE
CORPORATION

1. established for
purposes of
administration of
civil and local
governments

1. created for
private aim, gain
or benefit of
members

2. creation of
State either by
special or
general act
3. involuntary
consequence
legislation

2. created by will
of incorporators
with
recognizance of
State
3. voluntary
agreement by
and among
members

6. Special metropolitan political

subdivisions created for sole purpose of
coordination of delivery of basic services.
Creation of Municipal Corporations
1. For province, city or municipality, only by Act
of Congress;
2. For barangays, ordinance passed by
respective Sanggunian

III. DE FACTO MUNICIPAL

CORPORATION
Requisites:
1. valid law authorizing incorporation;
2. attempt in good faith to organize under it;
3. colorable compliance with law; and
4. assumption of corporate powers.
IV. TERRITORIAL AND POLITICAL
SUBDIVISIONS ENJOYING
LOCAL AUTONOMY:
1. Province cluster of municipalities, or
municipalities and component cities, and
serves as dynamic mechanism for
developmental processes and effective
governance of LGUs within its territorial
jurisdiction.
2. City composed of more urbanized and
developed barangays, serves as a general
purpose government for coordination and
delivery of basic, regular and direct services
and effective governance of inhabitants within
its territorial jurisdiction;
3. Municipality consisting of group of
barangays, serves primarily as a general
purpose government for coordination and
delivery of basic, regular and direct services
and effective governance of inhabitants within
its territorial jurisdiction;
4. Barangay basic political unit which serves
as primary planning and implementing unit of
government policies, plans, programs,
projects and activities in community, and as a
forum wherein collective views of people may
be expressed, crystalized and considered and
where disputes may be amicably settled;
5. Autonomous Regions created for
decentralization of administration or
decentralization of government; and

Plebiscite Requirement approved by

a majority of the votes cast in a
plebiscite called for the purpose in the
political unit/s directly affected (Sec.
10, R.A. 7160)
Based on verifiable indicators of
viability and projected capacity to
provide services (Sec. 7, R.A. 7160)
[Note: see Annex C]

Beginning of Corporate Existence

upon election and qualification of its chief
executive and majority of members of its
Sanggunian, unless some other time is
fixed therefore by law or ordinance
creating it.
Mode of Inquiry to Legal Existence of LGU:
Quo warranto which is reserved to State or
other direct proceedings
Abolition of LGU:
When income, population, or land area of LGU
has been reduced to less than minimum
standards prescribed for its creation. The law
or ordinance abolishing LGU shall specify the
province, city, municipality or barangay with
which LGU sought to be abolished will be
incorporated or merged.
Division and Merger of LGUs
shall comply with same requirements,
provided:
1. shall not reduce income, population or land
area of LGU concerned to less than the
minimum requirements prescribed;
2. income classification of original LGU shall not
fall below its current income classification
prior to division;
3. Plebiscite be held in LGUs affected.
4. Assets and liabilities of creation shall be
equitably distributed between the LGUs
affected and new LGU. When municipal
district of other territorial divisions is
converted or fused into a municipality all
property rights vested in original territorial
organization shall become vested in
government of municipality.

V. POWERS OF LGUs
Classification of Powers of Local
Government Units
1. Express, implied and inherent;
2. Public or governmental, private or proprietary;
3. Intramural and extramural; and
4. Mandatory and directory; ministerial and
discretionary.
Governmental Powers of LGU:
1. General Welfare (Sec. 16, R.A. 7160)
statutory grant of police power to LGUs. It is
limited to:
a. territoriality;
b. equal protection clause;
c. due process clause; and
d. must not be contrary to law.
2. Delivery of basic services and facilities (Sec.
17, of R.A. 7160);
3. Power to generate and apply resources
(Sec. 18, of R.A. 7160);
4. Eminent Domain (Sec. 19, of R.A. 7160);
Additional Limitations for Exercise by LGU:
a. exercise by local chief executive pursuant
to an ordinance;
b. for public use, purpose or welfare for
benefit of poor and landless;
c. payment of just compensation; and
d. only after valid and definite offer had
been made to, and not accepted by
owner.(Municipality of Paraaque v. V.M.
Realty Corp., 292 SCRA 678)
5. Reclassification of Lands (Sec. 20 of RA
7160)
Limited by following percentage of total
agricultural land area:
a. for HUC and independent component
cities: 15%;
b. for component cities and 1st to 3rd class
municipalities: 10% ; and
c. for 4th to 6th class municipalities: 5%.
6. Closure and opening of roads (Sec. 21 of RA
7160)
In case of permanent closure:
a. adequate provision for public safety must
be made; and
b. may be properly used or conveyed for any
purpose for which other real property may
be lawfully used or conveyed; provided no
freedom park be permanently closed
without provisions or transfer to new site.
7. Local legislative power (Secs. 48-59 of RA
7160)
Approval of ordinances:
a. local chief executive with his signature on
each and every page;

b. if local chief executive vetoes the same,

may be overridden by 2/3 vote of all
sanggunian members;
(i)
grounds for veto: ordinance is ultra
vires or prejudicial to public
welfare;
(ii)
local chief executive may veto
particular item/s of appropriation
ordinance, adoption of local
development plan and public
investment plan, or ordinance
directing payment of money or
creating liability; and
(iii)
local chief executive may veto an
ordinance only once;
c. veto communicated to sanggunian within
15 days for province and 10 days for city
or municipality.
Requisites for validity:
a. must not contravene the Constitution and
any statute;
b. must not be unfair or oppressive;
c. must not be partial or discriminatory;
d. must not prohibit, but may regulate trade;
e. must not be unreasonable; and
f. must be general in application and
consistent with public policy.
Barangay Chairman has no veto power.
Corporate Powers of LGU:
1. to have continuous succession in its corporate
name;
2. to sue and be sued;
3. to have and use a corporate seal;
4. to acquire and convey real or personal
property;
5. power to enter into contracts;
Requisites of valid municipal contracts:
a. LGU has express, implied, or inherent
power to enter into a particular contract;
b. Entered into by proper department,
board, committee, or agent;
c.
Must comply with substantive
requirements;
d. Must comply with formal requirements;
and
e. In case entered into by local chief
executive on behalf of LGU, prior
authorization by Sanggunian concerned
is needed
6. to exercise such other powers as granted to
corporation, subject to limitations provided in
Local Government Code of 1991 and other
laws.
VI. MUNICIPAL LIABILITY:

Rule: Local government units and their officials

are not exempt from liability for death or injury to
persons or damage to property (Sec. 24, R.A.
7160)
1. Statutory provisions on liability:
a. Art. 2189, Civil Code defective condition
of roads, streets, bridges, public buildings,
and other public works;
b. Art. 2180(6th par.), Civil Code acts
through a special agent;
d. Art. 34, Civil Code failure or refusal of a
member of the police force to render aid
and protection in case of danger to life
and property
2. for Tort depends if engaged in:
a. governmental functions not liable;
b. proprietary functions liable
3. for Violation of Law
4. for Contracts if contract is:
a. intra vires liable;
b. ultra vires not liable
Doctrine of Implied Municipal Liability
a municipality may become obligated
upon an implied contract to pay the
reasonable value of the benefits accepted
or appropriated by it as to which it has the
general power to contract (Province of
Cebu v. IAC, 147 SCRA 447); the doctrine
applies to all cases where money or other
property of a party is received under such
circumstances that the general law,
independent of an express contract,
implies an obligation to do justice with
respect to the same (Nachura, Reviewer in
Political Law, p. 431)
VII. QUALIFICATION OF ELECTIVE
LOCAL OFFICIALS:
1. citizen of the Philippines;
2. registered voter of barangay, municipality,
city, province, or district where he intends to
be elected;
3. resident therein for at least 1 year preceding
election;
4. able to read and write Filipino or local
language or dialect; and
5. age:
a. 23 years of age Governor, Vice
Governor, Board Member, Mayor, Vice
Mayor or Member of City Council for
HUCs.
b. 21 years of age Mayor or Vice Mayor of
ICCs, component cities or municipalities;
c. 18 years of age members of ICC or
component city or municipal council or
punong barangay or member of barangay
council;

d.

at least 15 but not 21 years of age

candidate for sanggunian kabataan.
(Sec. 39, RA 7160)

Disqualification of Elective Local Official:

1. sentenced by final judgment for offense
involving moral turpitude or punishable by 1
year or more of imprisonment within 2 after
service of sentence;
2. those removed from office due to
administrative cases;
3. those convicted by final judgment for violating
oath of allegiance to the Republic;
4. those with dual citizenship;
5. fugitives from justice in criminal or nonpolitical cases here or abroad;
6. permanent resident in foreign country; and
7. insane or feeble-minded.(Sec.40, RA.7160)
VIII. MANNER OF ELECTION
1. Elected at large
a. Governor; Vice Governor;
b. City or municipal mayor; City or municipal
vice-mayor;
c. Punong barangay,
d. SK chairman, elected by voters of
Katipunan ng Kabataan
2. Elected by District
a. regular members of Sanggunian
b. ex-officio members of Sanggunian
(i.) panlalawigan
president of leagues of sanggunian
members of component cities and
municipalities; and
president of liga ng mga barangay
and pederasyon ng mga
sanggunian kabataan
(ii.) panlunsod
president of liga ng mga barangay
and the pederasyon ng mga SB
(iii.)
bayan
president of liga ng mga barangay
and the pederasyon ng mga
sanggunian kabataan
3. Sectoral representatives women, worker,
urban poor, and other sectors allowed by law.
Date of Election: Every 3 years on 2nd
Monday of May, unless otherwise provided by
law.
Term of Office: 3 years starting from noon
of June 30 next following the election or such
date as may be provided by law, except that
of elective barangay officials, for maximum of
3 consecutive terms in same position.

Consecutive: After three consecutive

terms, an elective local official cannot
seek immediate reelection for a fourth
term. The prohibited election refers to the
next regular election for the same office
following the end of the third consecutive
term. Any other subsequent election, like
a recall election is no longer covered by
the prohibition (Socrates vs. Comelec, G.R.
No. 154512, November 12, 2002).
IX. GROUNDS FOR DISCIPLINARY
ACTIONS:
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 or offense punishable by at least
prision mayor;
5. abuse of authority;
6. unauthorized absence for 15 consecutive
working days except sanggunian members;
7. application for, acquisition of , foreign
citizenship or residence or status of an
immigrant of another country; and
8. such other grounds as may be provided in EC
and other laws

Under Sec. 60 of RA 7160 an elective

local official may be removed from
office on the grounds enumerated
above by order of the proper court
only (Salalima vs Guingona, 257 SCRA
55)