ADMINISTRATIVE LAW NOTES

Political Law
-That branch of public law which deals with the organizations and operations of the
governmental organs of the State and defines the relations of the State with the
inhabitants of its territory

Scope and Divisions of Political Law
1. Constitutional Law
2. Adminitrative Law
3. Law on Municipal Competition
4. Law of Public Officers
5. Election Laws

Definition of administrative law
-The branch of public law that fixes the organization of the government and
determines competence of authorities who execute the law and indicates to
individual remedies for the violations of his rights.
Difference between Admin Law and Constitutional Law

CONSTITUTIONAL LAW ADMINISTRATIVE LAW
Prescribes the general plan or framework
of governmental organization
Gives and carries out the general plan
or framework of governmental
organization in its minutest details
Treats of the rights of the individual Treats the rights of the individual from
the standpoint of the powers of the
government
Stresses upon the rights Emphasizes the powers of government
and duties of the citizens
Prescribes limitations on the powers of
the government to protect the rights of
individuals against abuse in their exercise
Indicates to individuals remedies for the
violation of rights
Supplements constitutional law
Complements constitutional law insofar
as it determines the rules relative to the
activity of the administrative authorities

Law on Public Administration
-it has to do with the practical management and direction of the various organs of
the State and the execution of state policies by the executive and administrative
officers entrusted with such functions.
Purpose
Administrative agencies defined
-Term used generally to describe an agency exercising some significant combination
of executive, legislative, and judicial powers
-It is a government body charged with administering and implementing particular
legislation

Difference between Admin Body and Court
ADMINISTRATIVE
BODIES/AGENCIES
COURT
Generally a large
organization staffed
by men who are
deemed to become
something of
experts in their
particular fields
Is a tribunal which
is presided by one
or more jurist
learned in law
Performs a variety
of functions
Has only one
function- judicial
Uses a varying
degree of discretion
in arriving at
decisions
More or less
governed by fixed
rules in arriving at
its decisions
often proceeds
without being
bound by technical
rules
Bound by rules that
no final
adjudication is to
be made until after
due notice to the
parties with
opportunity for a
full and fair hearing

Basic constitutional concepts

Doctrine of Separation of Powers
-The Philippines is a republic with a presidential form of government wherein power
is equally divided among its three branches: executive, legislative, and judicial.
One basic corollary in a presidential system of government is the principle of
separation of powers wherein legislation belongs to Congress, execution to the
Executive, and settlement of legal controversies to the Judiciary.
Case:
Eastern Shipping Lines vs POEA 166 SCRA 533

Facts: Davao pilot association filed a petition against the Eastern shipping lines
for sum of money and attorneys fee claiming that herein respondent rendered
pilotage service to petitioner, the lower court ruled in favor of the respondent;
herein petition for certiorari assailing the decision of the CA.

The factual antecedents of the controversy are simple. Petitioner insists on
paying pilotage fees prescribed under PPA circulars. Because EO 1088 sets a
higher rate, petitioner now assails its constitutionality.

Issue: won EO 1088 is unconstitutional

Ruling: it is axiomatic that administrative agency like Philippine port authority
has no discretion whether or not to implement the law. Its duty is to enforce the
law, thus, there is a conflict between PPA circular and a law like EO 1088, the
latter prevails. Petition is dismissed.

Doctrine of Non- Delegation- Art VI sec. 1
-The legislative power shall be vested in the Congress of the Philippines which shall
consist of a Senate and a House of Representatives, except to the extent reserved
to the people by the provision on initiative and referendum.

Permissive delegation of Legislative Power:

P- people (Initiative and referendum)
E- Emergency power of the President
T- Tariff (Art. VI sec 28)
A- Administrative Power
L- Local Government

1. Delegation to the people
Art VI Sec. 32-The Congress shall, as early as possible, provide for a system of
initiative and referendum, and the exceptions therefrom, whereby the people can
directly propose and enact laws or approve or reject any act or law or part thereof
passed by the Congress or local legislative body after the registration of a petition
therefor signed by at least ten per centum of the total number of registered voters,
of which every legislative district must be represented by at least three per centum
of the registered voters thereof.
Art VI sec. 1-The legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and a House of Representatives, except
to the extent reserved to the people by the provision on initiative and referendum.
2. Emergency Powers to the President
Art VI Sec 23(2)- In times of war or other national emergency, the Congress
may, by law, authorize the President, for a limited period and subject to such
restrictions as it may prescribe, to exercise powers necessary and proper to carry
out a declared national policy. Unless sooner withdrawn by resolution of the
Congress, such powers shall cease upon the next adjournment thereof.
3. Tariff Powers to the President
Art VI Sec 28 (2)- The Congress may, by law, authorize the President to fix within
specified limits, and subject to such limitations and restrictions as it may impose,
tariff rates, import and export quotas, tonnage and wharfage dues, and other duties
or imposts within the framework of the national development program of the
Government.
4. Delegation to Administrative Bodies
-The power of subordinate legislation
5. Delegation to Local Government Units
People v Vera- Such legislation (by local governments) is not regarded as a
transfer of general legislative power, but rather as the grant of the authority to
prescribe local regulations, according to immemorial practice, subject, of course, to
the interposition of the superior in case of necessity.
- this recognizes the fact that the local legislatures are more knowledgeable than
the national law making body on matters of purely local concern, and are in a better
position to enact appropriate legislative measures thereon.

Test to determine Validity of Delegation
(applies to the power to promulgate administrative regulations )
1. COMPLETENESS test. This means that the law must be complete in all its
terms and conditions when it leaves the legislature so that when it reaches
the delegate, it will have nothing to do but to enforce it.
2. SUFFICIENT STANDARD test. The law must offer a sufficient standard to
specify the limits of the delegates authority, announce the legislative policy
and specify the conditions under which it is to be implemented.

Powers of Administrative Agencies
1. Quasi-legislative power / Power of subordinate legislation
2. Quasi-judicial power/Power of adjudication
3. Determinative powers (Note: Senator Neptali Gonzales calls them incidental
powers)
Definition of Quasi-legislative power
-It is the authority delegated by the law-making body to the administrative body to
adopt rules and regulations intended to carry out the provisions of a law and
implement legislative policy.
Distinctions between Quasi-legislative power and legislative power
1. LEGISLATIVE power involves the discretion to determine what the law shall
be. QUASI-legislative power only involves the discretion to determine how the
law shall be enforced.
2. LEGISLATIVE power CANNOT be delegated. QUASI-legislative power CAN be
delegated.

Definition of Quasi-Judicial Power
It is the power of administrative authorities to make determinations of facts in the
performance of their official duties and to apply the law as they construe it to the
facts so found. The exercise of this power is only incidental to the main function of
administrative authorities, which is the enforcement of the law.

Determinative Powers

1. ENABLING powers
Those that PERMIT the doing of an act which the law undertakes to regulate and
would be unlawful without government approval.
Ex. Issuance of licenses to engage in a particular business.

2.DIRECTING powers
Those that involve the corrective powers of public utility commissions, powers of
assessment under the revenue laws, reparations under public utility laws, and
awards under workmens compensation laws, and powers of abstract determination
such as definition-valuation, classification and fact finding

3. DISPENSING powers
Exemplified by the authority to exempt from or relax a general prohibition, or
authority to relieve from an affirmative duty. Its difference from licensing power is
that dispensing power sanctions a deviation from a standard.

4. SUMMARY powers
Those that apply compulsion or force against person or property to effectuate a
legal purpose without a judicial warrant to authorize such action. Usually without
notice and hearing.
Ex. Abatement of nuisance, summary destraint, levy of property of delinquent tax
payers

5. EQUITABLE powers
Those that pertain to the power to determine the law upon a particular state of
facts. It refers to the right to, and must, consider and make proper application of
the rules of equity.

Ex. Power to appoint a receiver, power to issue injunctions
Limitations of the Rule Making Power of Admin Bodies

Cases:
1. Holy Spirit Homeowners Association vs. Secretary Defensor, G.R. No.
163980, 3 August 2006
Quasi- legislative power is the power to make rules and regulations which
results in delegated legislation that is within the confines of the granting
statute and the doctrine of non delegability and separation of powers.

2. Philippine Association of Service Exporters, Inc. vs. Torres, 212 SCRA
298
Rules and regulations issued by administrative authorities pursuant to the
powers delegated to them have the force and effect of law; they are binding
on all persons subject to them, and the courts will take judicial notice of
them.
Both letters of instruction and executive orders are presidential issuances;
one may repeal or otherwise alter, modify or amend the other, depending on
which comes later.

3. Land Bank v CA, 249 SCRA 149
The Court nullified DAR Adm. Circular No 9, which allowed the opening of a
trust account in behalf of the landowner as compensation for the property
taken, because Sec 16 (e), RA 6657, is specific that the deposit must be
made in cash or in land bank bonds. The implementing regulation cannot
outweigh the clear provision of the law.

4. Commissioners of Internal Revenue v. CA, 240 SCRA 368
Administrative issuances must not override, but must remain consistent with
the law they seek to apply and implement. They are intended to carry out,
not to supplant nor modify, the law.

5. Ople v Torres 293 SCRA 141
What is Administrative Power?

Held: Administrative power is concerned with the work of applying policies
and enforcing orders as determined by proper governmental organs. It
enables the President to fix a uniform standard of administrative efficiency
and check the official conduct of his agents. To this end, he can issue
administrative orders, rules and regulations. (Ople v. Torres, G.R. No.
127685, July 23, 1998 [Puno])

What is an Administrative Order?

Held: An administrative order is an ordinance issued by the President which
relates to specific aspects in the administrative operation of government. It
must be in harmony with the law and should be for the sole purpose of
implementing the law and carrying out the legislative policy. (Ople v. Torres,
G.R. No. 127685, July 23, 1998 [Puno])

- An administrative order is an ordinance issued by the president which relates
to specific aspects in the administrative operation of the Govt. it cannot be
argued that AO 308 (prescribing a National Computerized Identification
Reference System) merely implements Administrative Code of 1987. Such
national computerized ID reference system requires a delicate adjustment of
various contending State policies, the primacy of national security, the extent
of privacy against dossier- gathering by the government, and the choice of
policies. It deals with a subject which should be covered by the law, not just
and administrative order
Different powers of Administrative agencies

a. Supplementary or detailed legislation-
rules and regulations to fix the details in the execution and enforcement of
a policy set out in law. E.g. Rules and regulations implementing the Labor
Code.
b. Interpretative legislation-
-they are 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. They have in their favour the presumption of legality.
c. Contingent legislation-
-they are the rules and regulations made by an administrative authority on
the existence of certain facts or things upon which the enforcement of the law
depends.

Internal Rules versus External Rules
o Internal Rules- treats of the legal relations between the government and its
administrative officers and of legal relations that one administrative officer or
organ bears to another.
-it comprehends such topics as the nature of public office
-it considers the legal aspects of public administration on its institutional side
o External Rules- concerned with the legal relations between administrative
authorities and private interests

Requisites for validity of Administrtive Rules and Regulation:

1. Issued under aauthority of law
2. Within the scope and purview of the law
3. Reasonable
4. Publication in the Official Gazette or in a newspaper of general circulation.
5. Promulgated under prescribed procedure

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.

Limitations on the Rule- Making Power
1. It may not make rules and regulations which are inconsistent with the
Constitution or a statute, particularly the statute it is administering ot which
created it, or which are in derogation of, or defeat, the purpose of a statute.
2. It may not, by its rules and regulations, amend, alter, modify, supplant,
enlarge, or limit the terms of the statute
3. The power of administrative officials to promulgate rules in the
implementation of the statute is necessarily limited to what is provided I the
legislative enactment
4. A rule or regulation must should be uniform in operation, reasonable, and not
unfair or discriminatory.

Doctrine of Subordinate Legislation
-power of administrative agency to promulgate rules and regulations on matters of
their own specialization.

Concept of contemporaneous construction
ADMINISTRATIVE CONSTRUCTION; EFFECT:
Administrative construction is not necessarily binding upon the courts. Action of an
administrative agency may be disturbed or set aside by the judicial department if
there is an error of law, or abuse of power or lack of jurisdiction or grave abuse of
discretion clearly conflicting with either the letter or the spirit of a legislative
enactment.
1. Public Schools District Supervisors Association vs. Hon. Edilberto de
Jesus, G. R. No. 157299, 19 June 2006
The power of administrative officials to promulgate rules in the
implementation of a statute is necessarily limited to what is provided for in
the legislative enactment. The implementing rules and regulations of a law
cannot extend the law or expand its coverage, as the power to amend or
repeal a statute is vested in the legislature. However, administrative bodies
are allowed under their power of subordinate legislation, to implement the
broad policies laid down in the statute by filling in the details. All that is
required is that the regulation be germane to the objectives and purposes of
the law; that the regulation does not contradict but conforms with the
standards prescribed by law.

2. Commissioner of internal revenue v CA 261 SCRA 236
-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).
-An administrative rule in the nature of subordinate legislation is designed to
implement a law by providing its details, and before it is adopted there must
be hearing under the Administrative Code of 1987. When an administrative
rule substantially adds to or increases the burden of those concerned, and
administrative agency must accord those directly affected a chance to be
heard before its issuance.

LEGISLATIVE v. INTERPRETATIVE RULE:

A legislative rule is in the nature of subordinate legislation, designed to
implement a primary legislation by providing the details thereof. In the same
way that laws must have the benefit of public hearing, it is generally required
that before a legislative rule is adopted there must be hearing.

3. Philippine Consumers Foundation, Inc. vs. Secretary of Education, 153
SCRA 622

-The function of prescribing rates by an administrative agency may be either
a legislative or an adjudicative function. If it were a legislative function, the
grant of prior notice and hearing to the affected parties is not a requirement
of due process. As regards rates prescribed by an administrative agency in
the exercise of its quasi-judicial function, prior notice and hearing are
essential to the validity of such rates.

4. Ang Tibay v CIR
(Cardinal Primary Requirement of Administrative Due Process)

1. The right to a hearing which includes the right to present ones case and submit
evidence
2. The tribunal must consider the evidence presented
3. The decision must have something to support itself
4. The evidence must be substantial
5. The decision must be based on the evidence presented at the hearing
6. The tribunal or body of any judges must act on its own independent
consideration of the law and facts of the controversy
7. The board or body should in all controversial questions, render its decision in
such manner that the parties to the proceeding can know the various issues
involves and reason for the decision rendered

Doctrine of Primary Jurisdiction
This doctrine states that courts cannot or will not determine a controversy which
requires the expertise, specialized skills and knowledge of the proper administrative
bodies because technical matters of intricate questions of fact are involved.
Relief must first be obtained in an administrative proceeding before a remedy will
be supplied by the court even though the matter is within the proper jurisdiction of
a court.

Doctrine of Prior Resort
When a claim originally cognizable in the courts involves issues which, under a
regulatory scheme are within the special competence of an administrative agency,
judicial proceedings will be suspended pending the referral of these issues to the
administrative body for its view.
Note: The doctrines of primary jurisdiction and prior resort have been considered
to be interchangeable.

Doctrine of Exhaustion of Administrative Remedies
Under this doctrine, an administrative decision must first be appealed to the
administrative superiors up to the highest level before it may be elevated to a court
of justice for review.
Reasons :
1. to enable the administrative superiors to correct the errors committed by
their subordinates.
2. courts should refrain from disturbing the findings of administrative. bodies
in deference to the doctrine of separation of powers.
3. courts should not be saddled with the review of administrative cases
4. judicial review of administrative cases is usually effected through special civil
actions which are available only if there is no other plain, speedy and
adequate remedy.

Exceptions
o when the question raised is purely legal, involves constitutional questions
o when the administrative body is in estopped
o when act complained of is patently illegal
o when there is urgent need for judicial intervention
o when claim involved is small
o when irreparable damage is involved
o when there is no other plain, speedy , adequate remedy
o when strong public interest is involved
o when the subject of controversy is private land
o -in quo warranto proceedings
o -When the administrative remedy is permissive, concurrent
o -utter disregard of due process
o -long-continued and unreasonable delay
o -amount involved is relatively small
o -when no administrative review is provided
o -respondent is a department secretary (DOCTRINE OF QUALIFIED POLITICAL
AGENCY ALTER EGO DOCTRINE)

Doctrine of Finality

Courts are reluctant to interfere with action of an administrative agency prior to its
completion or finality, the reason being that absent a final order or decision, power
has not been fully and finally exercised, and there can usually be no irreparable
harm.

EXCEPTIONS:
o Interlocutory order affecting the merits of a controversy;
o Preserve status quo pending further action by the administrative agency;
o Essential to the protection of the rights asserted from the injury threatened;
o Officer assumes to act in violation of the Constitution and other laws;
o Order not reviewable in any other way;
o Order made in excess of power

EXHAUSTION OF ADMINSTRATIVE 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.
WHEN APPLICABLE?
Only those decisions of administrative agencies made in the exercise of quasi-
judicial
powers are subject to the rule on Exhaustion of Administrative Remedies
EFFECT OF FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES
Jurisdiction of the court is not affected; but the complainant is deprived of a
cause of action which is a ground for a Motion to Dismiss
EFFECT IF NO MOTION TO DISMISS IS FILED
There is deemed to be a waiver. The court cannot motu propio dismiss a case
for failure to exhaust administrative remedies.
EXCEPTIONS TO THE DOCTRINE
1. Doctrine of qualified agency (alter ego doctrine)
2. Where the administrative remedy is fruitless
3. Where there is estoppel on the part of the administrative agency
4. Where the issue involved is purely a legal question
5. Where the administrative action is patently illegal, amounting to lack 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 cases, where the subject matter is private land
9. Where the law does not make exhaustion a condition precedent to judicial
recourse
10. Where observance of the doctrine will result in the nullification of the
claim
11. Where there are special reasons or circumstances demanding
immediate court action
12. When due process of law is clearly violated
13. When the rule does not provide a plain, speedy, and adequate remedy
DOCTRINE OF PRIOR RESORT
Also known as the doctrine of primary administrative jurisdiction
Where there is competence or jurisdiction vest upon a matter, no resort to
the courts may be made before such administrative body shall have acted
upon them
EXCEPTION
1. Where the issue involved is a question of law
2. When the court and administrative bodies has concurrent jurisdiction under
the law
DOCTRINE OF FINALITY OF ADMINISTRATIVE ACTION
No resort to the courts will be allowed unless the administrative action has
been completed and there is nothing left to be done in the administrative
structure.
JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS
BASIS FOR JUDICIAL REVIEW
Art. VIII Sec. 1 Par. 2 of the Constitution
- Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and enforceable,
and to determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.
REQUISITES OF JUDICIAL REVIEW
1. Exhaustion of Administrative Remedies
2. Finality of Administrative Action
WHAT COURT HAS JURISDICTION?
RULE 43 of the 1997 Rules of Civil Procedure Provides that the Court of
Appeals shall have the appellate jurisdiction over judgments or final orders of
Court of Tax Appeals and from awards, and judgments or final orders or
resolutions of or authorized by any quasi- judicial agency in the exercise of its
quasi- judicial functions.
QUESTION WHICH MAY BE SUBJECT OF JUDICIAL REVIEW
1. Questions of Law
2. Questions of fact
Exception:
a. When expressly allowed by statute
b. Fraud, imposition or mistake other than error of judgment in evaluating
the evidence
c. Error in appreciation of the pleadings and in the interpretation of the
documentary evidence presented by the parties
3. Mixed questions of law and fact
GUIDELINES FOR THE EXERCISE OF THE POWER
1. Finding of fact are respected as long as they are supported by substantial
evidence, even if not overwhelming or preponderant.
2. It is not for the reviewing court to weigh the conflicting evidence, determine
the credibility of witness, or otherwise substitute its judgment for that of the
administrative agency on the sufficiency of evidence.
3. The administrative decisions in matters within the executive jurisdiction can
only be set aside on proof of grave abuse of discretion, fraud, collusion, or
error of law.
LAW ON PUBLIC OFFICER
CONSTITUTIONAL PROVISIONS INVOLVING PUBLIC OFFICER
ART XI SEC 1
Public office is a public trust. Public officers and employees must, at all times,
be accountable to the people, serve them with utmost responsibility, integrity,
loyalty, and efficiency; act with patriotism and justice, and lead modest lives.
ART II SEC 26- 27
Section 26. The State shall guarantee equal access to opportunities for public
service and prohibit political dynasties as may be defined by law.

Section 27. The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and corruption.
ART XI SEC 18
Public officers and employees owe the State and this Constitution allegiance
at all times and any public officer or employee who seeks to change his
citizenship or acquire the status of an immigrant of another country during his
tenure shall be dealt with by law.
WHO ARE PUBLIC OFFICERS?
1. 1987 ADMINISTRATVE CODE

"Officer" as distinguished from "clerk" or "employee", refers to a person
whose duties, not being of a clerical or manual nature, involves the exercise
of discretion in the performance of the functions of the government. When
used with reference to a person having authority to do a particular act or
perform a particular function in the exercise of governmental power, "officer"
includes any government employee, agent or body having authority to do the
act or exercise that function.
2. ART 203 REVISED PENAL CODE

Who are public officers. For the purpose of applying the provisions of this
and the preceding titles of this book, any person who, by direct provision of
the law, popular election or appointment by competent authority, shall take
part in the performance of public functions in the Government of the
Philippine Islands, of shall perform in said Government or in any of its
branches public duties as an employee, agent or subordinate official, of any
rank or class, shall be deemed to be a public officer.

3. RA 3019 ANTI GRAFT AND CURROPT PRACTICES

"Public officer" includes elective and appointive officials and employees,
permanent or temporary, whether in the classified or unclassified or exempt
service receiving compensation, even nominal, from the government as
defined in the preceding subparagraph.

4. RA 6713 CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC
OFFICIALS

"Public Officials" includes elective and appointive officials and employees,
permanent or temporary, whether in the career or non-career service,
including military and police personnel, whether or not they receive
compensation, regardless of amount.

5. RA 780 PLUNDER LAW

Public Officer means any person holding any public office in the Government
of the Republic of the Philippines by virtue of an appointment, election or
contract.
WHAT IS AN OFFICE?
Office refers, within the framework of governmental organization, to any major
functional unit of a department or bureau including regional offices. It may also
refer to any position held or occupied by individual persons, whose functions are
defined by law or regulation. (1987 Administrative Code of the Philippines)
ELEMENTS OF PUBLIC OFFICE
1. Created by or by authority of law
2. Possess a delegation of a portion of the sovereign powers of government, to
be exercised for the benefit of the public
3. Powers conferred and duties imposed must be defined, directly or impliedly,
by the legislature or by legislative authority
4. Duties must be performed independently and without control of a superior
power other than the law, unless they be those of an inferior or subordinate
office created of authorized by the legislature, and by it placed under the
general control of a superior office or body
5. Must have permanence or continuity
PUBLIC OFFICES ARE CREATED BY:
1. Constitution
2. Valid statutory enactment
3. Authority of law
CHARACTERISTIC OF A PUBLIC OFFICE
1. A public trust
2. Not a vested right
3. Not a property
Exception:
A controversy between two person wherein the question of who is entitled to
the office is the issue
4. Cannot be inherited
It is personal to the person who holds office therefore it is not transmissible.
MAY A PERSON BE COMPELLED TO HOLD OFFICE?
GENERAL RULE: a person cannot be compelled to hold office

EXCEPTION:

1. ART 2 SEC 4 CONSTI
-The prime duty of the Government is to serve and protect the people. The
Government may call upon the people to defend the State and, in the
fulfillment thereof, all citizens may be required, under conditions provided
by law, to render personal, military or civil service.

2. POSSE COMITATUS
-use of the military in civilian law enforcement
COMMENCEMENT OF OFFICIAL RELATIONS
HOW ARE OFFICIAL RELATIONS COMMENCED?
1. Appointment
2. Election
3. Contract, in some case
Appointment- the selection, by authority vested with the power, of an individual
who is to perform the functions of a given office
Designation- the imposition of additional duties, usually by law, on a person already
in public service
CLASSICICATION
1. PERMANENT AND TEMPORARY
Permanent- extended to a person possessing the requisite qualifications, including
the eligibility required, for the position, and thus protected by the constitutional
guaranty of security of tenure.
Temporary- an acting position, it is extended to one who may not possess the
requisite qualifications or eligibility required by law for the position, and is revocable
at will, without the necessity of just or a valid investigation.
Acquisition of the appropriate civil service eligibility by a temporary appointee
will not ipso facto convert the temporary appointment into a permanent one,
a new appointment is necessary.
Where the temporary appointment is for a fixed period, the appointment may
be revoked only at the expiration of the period, or, if revocation is made
before such expiration, the same has to be for a valid and just cause.

2. REGULAR AND AD- INTERIM
Regular- one made by the president while Congress id in session after the
nomination is confirmed by the Commission on Appointments, and continues until
the end of the term
Adi interim- one made while Congress is not in session, before confirmation by the
Commission on Appointments, is immediately effective, and ceases to be valid if
disapproved by the Commission on Appointments upon the next adjournment of
Congress
A permanent appointment
Four categories of appointment made by the President of the Philippines:
ART 7 SEC 16 OF THE CONSTITUTION
The President shall nominate and, with the consent of the Commission on
Appointments, appoint the
1. heads of the executive departments,
2. ambassadors,
3. other public ministers and consuls, or
4. officers of the armed forces from the rank of colonel or naval captain, and
5. other officers whose appointments are vested in him in this Constitution.
He shall also appoint all other officers of the Government whose appointments are
not otherwise provided for by law, and those whom he may be authorized by law to
appoint. The Congress may, by law, vest the appointment of other officers lower in
rank in the President alone, in the courts, or in the heads of departments, agencies,
commissions, or boards.
Acceptance is indispensable to the appointment
Acceptance of the appointment is the last act that completes the appointing
process
Where the appointment is to the career service of the Civil Service,
attestation of the Civil Service Commission (CSC) is required.
- Appointment not submitted to the CSC within 30 days from issuance shall
be ineffective
Appointment becomes complete when the last act required of the appointing
authority is performed; until the process is completed the appointee can claim
no vested right in the office nor claim security of tenure.
Appointment is essentially a discretionary power.
When the appointing authority has already exercised his power of
appointment, the commission cannot revoke the same on the ground that
another employee is better qualified, for that will constitute an encroachment
on the discretion vested in the appointing authority.
GROUNDS TO OPPOSE THE APPOINTMENT OF PERSON TO A PUBLIC OFFICE
1. The one appointed is not qualified
2. The appointee is not next in rank
3. Appointment is by transfer, and the protestant is not satisfied with the reason
of the appointing authority for the transfer
APPOINTMENTS UNDER THE CONSTITUTION
1. ART 6 SEC 18
There shall be a Commission on Appointments consisting of the President of
the Senate, as ex officio Chairman, twelve Senators, and twelve Members of
the House of Representatives, elected by each House on the basis of
proportional representation from the political parties and parties or
organizations registered under the party-list system represented therein. The
chairman of the Commission shall not vote, except in case of a tie. The
Commission shall act on all appointments submitted to it within thirty session
days of the Congress from their submission. The Commission shall rule by a
majority vote of all the Members.

2. ART 6 SEC 19
The Electoral Tribunals and the Commission on Appointments shall be
constituted within thirty days after the Senate and the House of
Representatives shall have been organized with the election of the President
and the Speaker. The Commission on Appointments shall meet only while the
Congress is in session, at the call of its Chairman or a majority of all its
Members, to discharge such powers and functions as are herein conferred
upon it.

3. ART 7 SEC 16
The President shall nominate and, with the consent of the Commission on
Appointments, appoint the heads of the executive departments, ambassadors,
other public ministers and consuls, or officers of the armed forces from the
rank of colonel or naval captain, and other officers whose appointments are
vested in him in this Constitution. He shall also appoint all other officers of
the Government whose appointments are not otherwise provided for by law,
and those whom he may be authorized by law to appoint. The Congress may,
by law, vest the appointment of other officers lower in rank in the President
alone, in the courts, or in the heads of departments, agencies, commissions,
or boards.

The President shall have the power to make appointments during the recess
of the Congress, whether voluntary or compulsory, but such appointments
shall be effective only until disapproved by the Commission on Appointments
or until the next adjournment of the Congress.
NEPOTISM
- The appointing authority is within the 4
th
civil degree of consanguinity of
the appointed officer
- Purpose of Prohibition:
To ensure that the appointment is based on merit and qualification
WHEN CAN APPOINTMENT BE REVOKED OR RECALLED BY THE APPINTING
AUTHORITY?
- Anytime before the approval of the CSC or before attestation of eligibility is
issued
TERM V TENURE
Term of Office and Tenure of Office Distinguished

Term of Office Tenure of Office

De jure De facto

Fixed and definite period of time Period during which the
incumbent
during which the officer may actually holds the office. It may
be
claim to hold the office as of right shorter than the term.

Term is the period of time during which public officer has the right to hold office;
tenure is the period of time during which the public officer actually held office.

CAREER V NON- NON CAREER SERVICE

A. CAREER SERVICE- characterized by entrance based on merit and fitness to be
determined as far as practicable by competitive examinations or based on
highly technical qualifications, opportunity for advancement to higher career
positions, and security of tenure.
B. NON- CAREER SERVICE- characterized by entrance on bases other than
those of the usual tests utilized for the career service, tenure limited to a
period specified by law, or which is co- terminous with that of the appointing
authority or subject to his pleasure, or which is limited to the duration of a
particular project for which the employment was made.

PRINCIPLE OF HOLD OVER

In the absence of any express or implied constitutional or statutory provision to the
contrary, the public officer is entitled to hold his office until his successor shall have
been duly chosen and shall have qualified.

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.

AUTOMATIC REVERSION RULE

For this rule to apply the following must concur:
1. There must be a series of promotions
2. All promotional appointments are simultaneously submitted to the
Commission (CSC) for approval
3. The Commission disapproves the appointment of a person to a higher
position

NEXT IN RANK RULE
The person next in rank shall be given preference in promotion. But the
appointing authority still exercises discretion and is not bound by the rule.
TRANSFER
Movement from one position to another which is of equivalent rank, level or salary
without break in service
QUO WARRANTO
A proceeding instituted to question title of a person to an office
Who files?- person claiming to be the one is entitled to the office
Which court has jurisdiction? RTC

MANDAMUS
Will lie if petitioner has a clear right to the office and respondent is unlawfully
preventing him from assuming office.
Kinds of Public Officer:
1. De Jure- an officer who had the lawful right to the office in all respects, but
who has either
2. De Facto

DE JURE
OFFICER
DE FACTO
OFFICER

1. rests on the right


1. on reputation

2. has lawful or title to the office 2. has possession and performs the
duties under color of right without
being technically qualified in all
points of law to act

3. cannot be removed in a direct
proceeding

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

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.
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;
There is a color of title to the office in any of the following cases:
by reputation or acquiescence;
under a known or valid appointment or election but officer failed to
conform with legal requirements;
under a 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
under a known appointment or election pursuant to unconstitutional law
before declaration of unconstitutionality.
4. General acceptance of the public
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.
RIGHTS OF PUBLIC OFFICERS
RIGHT TO COMPENSATION
1. Salary
2. Wages
3. Per diem
Salary, Wages, and Per Diems Distinguished
Salary: time-bound
Wages: service-bound
Per Diem: allowance for days actually spent for special duties

4. Honorarium- compensation given in appreciation for service s rendered
Salary of Public Officer Not Subject to Attachment
The salary of a public officer or employee may not, by garnishment,
attachment, or order of execution, be seized before being paid by him, and
appropriated for the payment of his debts.
Money in the hands of public officers, although it may be due government
employees, is not liable to the creditors of these employees in the process of
garnishment because the sovereign State cannot be sued in its own courts except
by express authorization by statute. Until paid over by the agent of the
government to the person entitled to receive it, public funds cannot in any legal
sense be part of his effects subject to attachment by legal process. (Director of
Commerce and Industry v. Concepcion)
CONSTITUTIONAL PROVISIONS AFFECTING SALARIES
a. The salaries of Senators and Members of the House of Representatives shall
be determined by law. No increase in said compensation shall take effect until
after the expiration of the full term of all the Members of the Senate and the
House of Representatives approving such increase. (Sec. 10. Art. VI)
b. The President shall have an official residence. The salaries of the President
and Vice-President shall be determined by law and shall not be decreased
during their tenure. No increase in said compensation shall take effect until
after the expiration of the term of the incumbent during which such increase
was approved. They shall not receive during their tenure any other
emolument from the Government or any other source. (Sec. 6, Art VII)
c. The salary of the Chief Justice and of the Associate Justices of the Supreme
Court, and of judges of lower courts shall be fixed by law. During the
continuance in office, their salary shall not be decreased. (Sec 10, Art. VIII)
Nitafan v Tan- the imposition of income taxes on salaries of judges does not
constitute unconstitutional diminution of salaries.
d. No elective or appointive public officer or employee shall receive additional,
double, or indirect compensation, unless specifically authorized by law, nor
accept without the consent of the Congress, any present, emolument, office,
or title of any kind from any foreign government. (Sec 8, Art. IX-B)
e. The Congress shall provide for the standardization of compensation of
government officials and employees, including those in government-owned or
controlled corporations with original charters, taking into account the nature
of the responsibilities pertaining to, and the qualifications required for, their
positions. (Sec. 5, Art. IX- B)
f. Career civil service employees separated from the service not for cause but as
a result of the reorganization pursuant to Proclamation No. 3 dated March 25,
1986 and the reorganization following the ratification of this Constitution shall
be entitled to appropriate separation pay and to retirement and other benefits
accruing to them under the laws of general application in force at the time of
their separation. (Sec. 16, Art. XVIII)
RIGHT TO RETIREMENT PAY
Conditions for entitlement to retirement benefits (R.A. No. 8291)
a) he has rendered at least fifteen (15) years of service;
b) he is at least sixty (60) years of age at the time of retirement; and
c) he is not receiving a monthly pension benefit from permanent total
disability.

Compulsory Retirement

Unless the service is extended by appropriate authorities, retirement shall be
compulsory for an employee at least sixty-five (65) years of age with at least fifteen
(15) years of service; Provided that if he has less than fifteen (15) years of service,
he may be allowed to continue in the service in accordance with existing civil
service rules and regulations.

Retirement benefits

(1) the lump sum payment defined in RA No. 8291 payable at the time of
retirement plus an
old-age pension benefit equal to the basis monthly pension payable monthly for life,
starting upon expiration of the give-year (5) guaranteed period covered by the
lump sum; or

(2) cash payment equivalent to eighteen (18) months of his basic monthly
pension plus monthly pension for life payable immediately with no five-year (5)
guarantee.

Beronilla v GSIS

The compulsory retirement of government officials and employees upon
reaching the age of 65 years is founded on public policy which aims by it to
maintain efficiency in the government service and, at the same time, give to the
retiring public servants the opportunity to enjoy during the remainder of their lives
the recompenses for their long service and devotion to the government, in the form
of a comparatively easier life, freed from the rigors, discipline and the exacting
demands that the nature of their work and their relations with their superiors as
well as the public would impose on them.

UP Board of Regents v. Auditor General

A BOR resolution extended the services of a UP professor for another
year. In the same year, he reached the age of 65. The Auditor General questioned
the legality of the resolution arguing that the services rendered after the
compulsory retirement age were illegal and that he was not entitled to
compensation. SC upheld Auditor General ruling that as government employees, UP
professors are compulsorily covered by the Retirement Law which creates a uniform
retirement system for all members of the GSIS.

Rabor v. CSC

At the age of 55, Rabor was hired as a government employee at the
Davao City Mayors Office in 1978. In 1991, he was advised to apply for retirement.
He was already 68 years old with 13 years of service. He requested that his
services be extended in order that he may complete the 15-year service
requirement. This was denied and Rabor claimed that the doctrine enunciated in
Cena v. CSC should be applied in his case.

SC ruled that the Cena doctrine is not applicable. CSC Memo Circular No. 27, s.
of 1990 cited in the decision in Cena v. CSC, provides that any request for the
extension of service of compulsory retirees to complete the 15-year service
requirement for retirement shall be allowed only to permanent appointees in the
career service who are regular GSIS members, and shall be granted for a period not
exceeding one (1) year. Cena further stated that the authority to grant the
extension was a discretionary one vested in the head of the agency concerned. To
reiterate, the head of the government agency concerned is vested with
discretionary authority to allow or disallow extension of service of an employee who
has reached 65 years old without completing 15 years of government service; this
discretion to be exercised conformably with CSC Memo Circular No. 27, s. of 1990.

PROFETA V DRILON- retirement laws are liberally construed in favour of the retiree
LIABILITY OF PUBLIC OFFICER
LIABILITY OF MINISTERIAL OFFICERS
1. Nonfeasance- neglect or refusal to perform an act which is the offiers legal
obligation to perform
2. Misfeasance- failure to use the degree of care, skill and diligence required in
the performance of official duty
3. Malfeasance- the doing, through ignorance, intention or malice, of an act
which he had no legal right to perform
DISRETIONARY AND MINISTERIAL POWER


DISCRETIONARY

MINISTERIAL

Definition

Acts which require the
exercise of reason in
determining when,
where, and how to
exercise the power

Acts which are
performed in a given
state of facts, in a
prescribed manner, in
obedience to the
mandate of legal
authority, without
regard to or the
exercise of his own
judgment upon the
propriety or
impropriety of the act
done (Lamb v.
Phipps)

Can be delegated?

Generally, NO.

Exception: When
the power to
substitute / delegate
has been given

Generally, YES.

Exception: When
the law expressly
requires the act to be
performed by the
officer in person and /
or prohibits such
delegation

When is mandamus
proper?


Only if the duty to do
something has been
delayed for an
unreasonable period
of time.

In all cases.

Is public officer
liable?


Generally not liable
Exceptions: if there
is fraud or malice

Liable if duty
exercised contrary to
the manner
prescribed by law

Q: What is discretion?
A: Discretion, when applied to public functionaries, means a power or right
conferred upon them by law of acting officially in certain circumstances, according
to the dictates of their own judgment and conscience, uncontrolled by the judgment
or conscience of others. (Lamb v. Phipps)
Q: What is a ministerial act?
A: A purely ministerial act is one which an officer or tribunal performs in a given
state of facts, in a prescribed manner, in obedience to the mandate of legal
authority, without regard to or the exercise of his own judgment upon the propriety
or impropriety of the act done. A ministerial act is one to which nothing is left to
the discretion of the person who must perform. It is a simple, definite duty arising
under conditions admitted or proved to exist and imposed by law. It is a precise
act, accurately marked out, enjoined upon particular officers for a particular
purpose. (Lamb v. Phipps)
THREE-FOLD LIABILITY RULE
- The wrongful acts or omissions of a public officer may give rise to civil,
criminal, and administrative liability
PRESIDENTIAL IMMUNITY FROM SUIT
This privilege is only enjoyed during the tenure of the president
After his tenure, the Chief Exec cannot invoke immunity from suit for civil
damages out of the acts done by him while he was President which were
not performed in the exercise of official duties. (Estrada v Desierto)
While the president is immune from suit, he may not be prevented from
instituting suit. (Soliven v Makasiar)


TERMINATION OF OFFICIAL RELATIONS
Modes of Termination

1) Expiration of Term or Tenure of Office

a) End of a fixed term
b) End of Pleasure where one holds office at pleasure of appointing
authority
c) Loss of confidence in primarily confidential employment

2) Reaching the age limit; Retirement
3) Bona fide abolition of office
4) Abandonment of office
5) Acceptance of an incompatible office
6) Resignation
7) Resignation
8) Removal for cause
9) Temporary appointments termination
10) Recall
11) Impeachment
12) Prescription of right to office
13) Death
14) Conviction of crime where disqualification is an accessory penalty
15) Filing of certificate of candidacy
16) Performance of act or accomplishment of purpose for which the office was
created

RESIGNATION: mere tender of resignation, without acceptance by competent
authority does not create vacancy in public office; resignation is not complete until
accepted by proper authority. (Joson v Nario)

ELECTION LAWS

BASIC PRINCIPLE ON ELECTION
The Philippines is a democratic and republican State. Sovereignty resides in the
people and all government authority emanates from them. (Sec. 2, Art. 2)

2 TYPES OF ELECTION
1. Election of Public Officers
2. Election of Policies

Other 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.

Sanggunian Kabataan Election is not a regular election.

Plebiscite a vote of the people expressing their choice for against a proposed law
or enactment submitted to them. An election at which any proposed amendment to
or revision of the Constitution is submitted to the people for their ratification. A
constitutional requirement to secure the approval of the people directly affected,
before certain proposed changes affecting local governments units may be
implemented.

Initiative it is the process by which the registered voters directly propose, amend
laws, national or local, though an election called for the propose. Amendments to
the Constitution may likewise be directly proposed by the people though initiative.

Referendum- it is at he submission of a law pass by the national or local legislative
body to the registered voters of an election called for the purpose for their
ratification or rejection.

Recall- it is a method by which a public officer may be removed from office during
his tenure or before the expiration of his term by a vote of the people after
registration of a petition signed by a required percentage of the qualified voters.
THE COMMISSION ON ELECTIONS
Composition, Qualifications, Appointment, Term of Office
The COMELEC is composed of a chairman and six (6) Commission, The
Chairman and the Members of the Commission shall be:
a. natural -born citizens of the Philippines
b. at least thirty-five years of age
c. holders of a college degree
d. must not have been candidates for any elective position in the
immediately preceding election
e. majority thereof, including the Chairman shall be members of the
Philippines Bar who have been engaged in the practice of law for at
least 10 years (reason: COMELEC exercises quasi-judicial powers)
The Chairman and Members are appointed by the president with the consent of the
commission on Appointment for the term seven (7) years without reappointment on
a staggered basis to make the COMELEC a continuing and self-perpetuating body.
Consequently, its members would have the benefit of the experience and expertise
of the order members of the performance of its functions, and makes for greater
responsibility for its policies and decisions and serve as guarantee against arbitrary
action which is likely to occur in a body handling partisans questions.
SAFEGUARDS TO INSURE THE INDEPENDENCE OF THE COMELEC
1. It is constitutionally created; may not be abolished by statute
2. It is expressly described as independent
3. It is conferred with certain powers and functions which cannot be reduced by
statute.
4. The chairman and members cannot be removed except by impeachment.
5. The chairman and members are given fairly long term of office of seven
years.
6. The chairman and members may not be reappointed or appointed in an acting
capacity.
7. The salaries of the chairman and members are relatively high and may not be
decreased during continuance in office.
8. The COMELEC enjoy fiscal autonomy.
9. The COMELEC may promulgate its own procedural rules, provided they do not
diminish, increase or modify substantive rights (though subject to disapproval
by the Supreme Court)
10. The Chairman and Members are subject to certain disqualifications
calculated to strengthen their integrity.
11. The COMELEC may appoint their own officials and employees in
accordance with Civil Service Laws.
DISABILITIES, INHIBITIONS\DISQUALIFICATIONS

1. Shall not, during tenure, hold any other office or employment
2. Shall not engage in the practice of profession
3. Shall not engage in active management or control of any business which in
any ay may be affected by the functions of his office
4. Shall not be financially interested, directly or indirectly, in any contract with,
or in any franchise or privilege granted by the Government, any of its
subdivisions, agencies or instrumentalities, including GOCC s or their
subsidiaries.

COMELECS POWER TO RECOMMEND PARDON OR PAROLE
No pardon, amnesty, parole, or suspension of sentence for violation of election
laws, rules, and regulations shall be granted by the President without the
favorable recommendation of the Commission. (Sec 5, Art. IX- C)

NATIONALISTA PARTY V DE VERA
The Supreme Court has no general power of supervision over the COMELEC
except those power especially granted by the Constitution, that is the power
to review its decisions and orders.

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.

DISQUALIFICATIONS

1. Any person sentenced by the final judgment to suffer imprisonment for not
less than one year.
2. Any person adjudged by the final judgment of having committed
(a) any crime involving disloyalty to the government or
(b) any crime against national security
(c) firearms laws.
3. Insane or incompetent persons as declared by competent authority.

REMOVAL OF DISQUALIFICATION FOR CONVICTION

Plenary pardon
Amnesty
Lapse of 5yaers after service of sentence (Sec.111, RA 8189)

SYSTEM OF CONTINUING REGISTRATION

The personal filing o application of registration of voters shall be conducted daily
in the office of the Election Office during regular office hours. No registration
shall, however, be conducted during the period starting 120 days before a
regular election and 90 days before a special election. (Sec. 8, RA 8189)

The Supreme Court upheld the validity of the COMELEC resolution denying the
petition of certain youth sectors to conduct a special registration: Petitioners
were not denied the opportunity to avail of the continuing registration under RA
8189..the law aids the vigilant and not those who slumber on their rights

In a representative democracy the right of suffrage, although afforded a prime
niche in the hierarchy of right embodied in the fundamental law., ought to be
exercised within the proper bounds frames and framework of the Constitution
and must properly yield to pertinent laws skillfully enacted by the Legislature

The right of suffrage ardently invoked by herein petitioners is not at all
absolutethe exercise of suffrage, as the enjoyment of all other rights subject to
existing substantive and procedural requirement embodied in our Constitution,
statute books and other repositories of law. (AKBAYAN Youth et al. vs.
COMELEC GR No. 147066, March 26, 2001)

INCLUSION AND EXCLUTION CASES

1. Jurisdiction

i. Municipal or Metropolitan Trial Court original and exclusive Jurisdiction\
ii. Regional Trial Court appellate jurisdiction (5 days) (Sec. 33, RA 8189)
iii. Supreme Court appellate jurisdiction over RTC on question of law (15 days)
[Sec. 5(2)(e), Art. VIII, PC; Sec. 2, Rule 45 of the Rules of Court.]

2. Petitioners

a. Inclusion

Private person whose application was disapprove by the Election Registration Board
or whose name was stricken out from the list of waters (Sec. 34, RA 8189)
COMELEC [Sec. 2(6), Art. IX-C, PC]


b. Exclusion

i. Any registered voter in city or municipality
ii. Representative of political party
iii. Election Officer (Sec. 39, RA 8189)
iv. COMELEC [Sec. 2(6), Art. IX C, PC]

3. Period for Filing

a. Inclusion Any day except 105 days before regular election or 75 days before a
special election. (Sec. 24, RA 8189)
b. Exclusion Any time except 100 days before a regular election or 65 days before
special election. (Sec. 35 RA 8189)

4. Procedure

a. Petition for exclusion shall be sworn (Sec. 35 , RA 8189)
b. Each petition shall refer only to only one precinct. (Sec. 35, RA 8189)
c. Notice
i. Parties to be notified

5. Inclusion Election Registration Board
i. ii Exclusion
6. Election Registration Board
7. Challenged voters [Sec. 32(b), RA 8189]
8. Manner

Notice stating the place day and hour of hearing shall be served through any of the
following means:
Registered mail
Personal delivery
Leaving copy in possession of sufficient discretion in residence.
Posting in city hall or municipal hall and two other conspicuous places in the city
or municipality at least 10 days before the hearing (Sec. 32(b), RA 8189)

Any voter, candidate or political party affected may intervene. (Sec. 32c, RA 8189)

Non-appearance is prima facie evidence the registered voter is fictitious (Sec. 32
(f), RA 8189)

Decision cannot be rendered on stipulation of facts (Sec. 32 (f), RA 8189)

No motion for reconsideration is allowed, (Sec. 33, RA 8189)

ANNULMENT OF LIST OF VOTERS

1. Upon verified complaint of any voter, election officer or registered political party
or motu propio, the COMELEC may annul a list of votes which was not prepared in
accordance with RA 8189 or whose preparation was affected with fraud, bribery,
forgery, impersonation, intimidation, force or other similar irregularity or
statistically improbable.

2. No list of voters shall be annulled within 60 days before an election (See. 33, RA
8189)

The annulment of the list of voters shall not constitute a ground for a pre-
proclamation controversy. (Ututalum vs. COMELEC, 181 SCRA 335)

When an assailed order had been issued pursuant to COMELECs administrative
powers in the absence of any finding of grave abuse of discretion in declaring a
precinct as non existent, said order shall stand, judicial interference being
unnecessary and uncalled for The sacred right of suffrage guaranteed by the
Constitution is not tampered when a list of fictitious voters is excluded from an
electoral exercise. (Sarangani vs. COMELEC, 334 SCRA 379)

ELECTION PRECINCT is the basic unit of territory established by the COMELEC for
the purpose of voting.

A POLLING PLACE refers to the building or place where the board of election
inspectors conduct proceedings and where the voters cast their votes.

VOTING CENTER refers to the building or place where the polling place is located.

List of voters refers to an enumeration of names of registered voters in a precinct
duly certified by the Election Registration Board for use in the election.

Book of voters refers to the compilation of all registration records in a precinct.

Signature of Chairman at back of every ballot

In every case before delivering an official ballot to the voter, the Chairman of the
BEI shall, in the presence of the voter, affix his signature at the back thereof.
Failure to so authenticate shall be noted in the minutes of the BEI and shall
constitute an election offense punishable under Sections 263 and 264 of the OEC.

An illiterate or physically disabled voter may be assisted by a relative
by:
1. affinity or consanguinity within the fourth degree or
2. any person of his confidence who belongs to the same household or
3. any member of the Board of Election Inspectors. (Section 196, BP881)

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)
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)


MEMBERS OF THE BOARD OF CANVASSER
1. COMELEC officer
2. Prosecutor
3. Highest Ranking DEPED personnel
4.
MEMBERS OF THE MUNICIPAL BOARD OF CANVASSER
1. COMELEC officer
2. Municipal treasurer
3. Highest Ranking DEPED personnel

CERTIFICATES OF CANDIDACY

No person shall be eligible for any elective public unless he files a sworn certificate
of candidacy within the period fixed by the Omnibus Election Code.

Deadline

Certificate of candidacy must be filed not later than the day before the date for the
beginning of the campaign period. (Sec. 7, RA 7166)
A certificate filed beyond the deadline is not valid. (Gador vs. COMELEC, 95 SCRA
431)

Prohibition against multiple candidacies

A person who files a certificate of candidacy for more than one office should be
eligible for any of them. (Sec 73, BP 881)

Before the deadline for filing certificates he may withdraw all expect one, declaring
under oath the office for which he desires to be eligible and cancel the certificate of
candidacy for other office or offices. (Go vs. COMELEC, GR No. 147741, May 10,
2001)

Forms

Oath

The certificate must be sworn. (Sec. 73, BP 881)

The election of a candidate cannot be annulled because of formal defects in his
certificate, such as held of oath (Guzman vs. Board of Canvassers, 48 Phil 211)

Name

A candidate shall use his baptismal name or full name, the name registered with
the civil registrar or any other name allowed by law.

He may include one nickname or stage name by which he is generally known.

When two or more candidates for the same office have the same name or surname,
each shall state his paternal and maternal surnames, except the incumbent (See.
71, BP 881)

Place and Period of Filling

For President, Vice President and Senators: main office of the COMELEC in Manila, 5
copies, not later than 90 days before date of election.

For Members of the House of Representatives:

Provincial legislative districts Provincial Election Supervisor of the Province
concerned

NCR legislative districts Regional COMELEC Directors

Legislative districts in cities outside NCR City Election registrar concerned

For provincial offices Provincial Election Supervisor of the province concerned.

City and Municipal offices City or Municipal Election Registrar concerned.

The certificates of candidacy of Members of the House of Representatives,
Provincial, city or municipal officials shall be filed in 5 copies not later than 45 days
before the election.

The certificate of candidacy shall be filed by the candidate personally or his duly
authorized representative. No certificate of candidacy shall be filed or accepted by
mail, telegram or facsimile.

The evident purpose of the law in requiring the filing of certificate of candidacy and
in fixing the time limit therefore are; (1) to enable the voters to know, at least sixty
days before the regular election, the candidates among whom they are to make the
choice, and (2) to avoid confusion and inconvenience in the tabulation of the votes
to the duly registered candidates, there might be as many persons voted for as
there are voters, and votes might be cast even for unknown or fictitious persons, as
mark to identify the votes in favor of a candidate for another office in the same
election. (Miranda vs. Abaya, 311 SCRA 617)

Duty of COMELEC

Subject to its authority over nuisance candidates and its power to deny due course
or cancel a certificate of candidacy, the rule is that the COMELEC shall have only
the ministerial duty to receive and acknowledge receipt of the certificates of
candidacy. (Sec. 78, BP 881)

Effect Filing

An appointive public official is considered resigned upon filing of his certificate.
(Sec. 66, BP 881;Sanciangco vs. Rono, 137, SCRA 671).This includes an employs of
a GOCC organized under the Corporation Code (Without original charter), since the
law makes no distinction. (PNOC EDC vs. NLRC, 222 SCRA 831)

Any elective official, whether national or local who has filed a certificate of
candidacy for the same or any other office shall not be considered resigned from
office. (sec. 26, COMELEC Resolution No. 3636, Rules and Regulations
Implementing RA 9006)

Withdrawal of Certificate of Candidacy

Form written declaration under oath. There was no withdrawal of candidacy for
the position of mayor where the candidate, before the deadline for filing certificates
of candidacy, personally appeared in the COMELEC office, asked for his certificate of
candidacy and intercalated the word vice before the word mayor and the following
day wrote the election registrar saying that his name be included in the list of
official candidates for mayor. (Vivero vs. COMELEC, L 81059, Jan 12, 1989)

Since his certificate of candidacy for the office of board member was filed by his
party, and the said party had withdrawn the nomination which withdrawal was
confirmed by the candidate under oath, there was substantial compliance with Sec.
73. His filing under oath within the statutory period of his individual certificate for
candidacy for the separate office of mayor was, in effect, a rejection of the party
nomination on his behalf for the office of board member. (Ramirez vs. COMELEC, L-
81150, Jan 12, 1992)

Substitution of Candidacy Sec. 77 BP 881; Sec. 12, RA 9006

If after the last day for filing certificates, a candidate dies, withdraws or is
disqualified, he may be substituted by a person belonging to his party not later than
the mid day of election. Said certificate may be filled with any board of election
inspectors in the political subdivision where he is an electorate of the country, with
the COMELEC. (Domingo vs. City Board of Canvassers, GR No. 105365, June 2,
1992)

Even if the withdrawal was not under oath, the certificate of the substitute cannot
be annulled after the election. Such technicality of the original candidates
withdrawal of his certificate of candidacy cannot be used to override the peoples
will in favor to the substitute candidate. The legal requirement that the withdrawal
be under oath will be held to be merely directory and the candidates failure to
observe the requirement is considered a harmless error. Hence the bona fide
certificate of the substitute candidate cannot be assailed. The votes in his favor
should be counted. (Villanueva vs. COMELEC, 140 SCRA 352)

In case of valid substitutions after the official ballot have been printed, the votes
cast for the substituted candidates shall be considered as many votes but shall not
invalidate the whole ballot. For this purpose, the official ballots shall provide spaces
where the voters may write the name of substitute candidates if they are voting for
the latter. (See. 12, RA 9006)

There is nothing in the Constitution or statute which requires as condition precedent
that a substitute candidate must have been a member of the party concerned for a
certain period of time before he can be nominated as such. (Sinaca vs. Mula, 315
SCRA 266)


A valid certificate of candidacy is likewise an indispensable requisite in the case of a
substitution of a disqualified candidate under the provisions of Sec. 77 of the
Election Code . . . The concept of a substitute presupposes the existence of the
person to be substituted, for how can a person take the place of somebody who
does not exist or who never was...

A disqualified candidate may only be substituted if he had a valid certificate of
candidacy in the first place because, if the disqualified candidate did not have a
valid and seasonably filed certificate of candidacy, he is and was not a candidate at
all. If a person was not a candidate, he cannot be substituted under Sec. 77 of the
Code . . . .

While Sec. 78 of the Election Code enumerated the occasion where a candidate may
validly substitute there is no mention of the case where a candidate is excluded not
only by disqualification but also by denial and cancellation of his certificate of
candidacy (Miranda vs. Abaya, 311 SCRA 617)

In case of valid substitutions after the official ballots have been printed, the votes
cast for the substituted candidates shall be considered as stray votes but shall not
invalidate the whole ballot. Sec. 12, RA 9006. amending Sec. 12 of RA 8436)

Only a candidate with a political party can be validly substituted.
Rules on Substitution:
1. Substitute must be of the same political party
2. Candidate to be substituted should have filed a valid COC.
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.
CAMPAIGN
Election campaign or partisan political activity refers to an act designed to promote
the election or defeat of a particular candidate or candidates for public office. (Sec.
79, BP 881)
a. If done for the purpose of enhancing the chances of aspirants for nomination
for candidacy to a public office by a political party, etc, it shall not be considered
as election campaign or partisan political activity.
b. It shall be unlawful for any person or any party to engage in election
campaign or partisan political activity except during the campaign period.
c. Members of the Civil Service to engage, directly or indirectly, in any
electioneering or partisan political campaign.
Campaign period
1. President, Vice-President and Senators 90 days before Election Day
2. Congressmen, provincial, city and municipal officials 45 days before Election
Day.
FAIR ELECTIONS ACT OF 2001 (RA 9006)

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
4. 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
Limitation on Expenses:
for candidates:
President and Vice President = P10/voter;
Other candidates, if with party = P3/voter;
Other candidates, if without party = P5/voter.
for political parties = P5/voter
BOARD OF ELECTION INSPECTORS (BEI)
The Board of Election Inspectors shall be composed of a chairman and two
members, all of whom are public school teachers.
If there are not enough public school teachers, teachers in private schools,
employees in the civil service, or other citizens of known probity and competence
may be appointed. (Section 13, RA 6646)
WATCHERS
Number
1. Official watchers

Every registered party or coalition of parties and every candidate is entitled to
one watcher per precinct and canvassing counter.

Candidates for the local legislature belonging to the same party are entitled
collectively to one watcher.

Six principal watchers from 6 accredited major political parties shall be
recognized. (Section 26, 7166)

2. Other watchers

The accredited citizens arm is entitled to a watcher in every precinct.
Other civic organizations may be authorized to appoint one watcher in every
precinct. (Section 180, BP 881)
Important rights of watchers
1. All watchers
a. To stay inside the precinct
b. To inform themselves of the proceedings
c. To file a protest against any irregularity
d. To obtain a certificate of the number of votes cast for each candidate
(Section 179, BP881)
2. Citizens Arm
To be given a copy of the election return to be used for the conduct of an
unofficial count. (Section 1, RA 8045)
CASTING OF VOTES
1. The chairman of the Board of Election Inspectors should sign each ballot at the
back. The omission of such signature does not affect the validity of the
ballot.(Libanan vs HRET,283 SCRA 520) Under the rules prevailing during the 1997
Barangay Elections, the failure to authenticate the ballots shall no longer be cause
for the invalidation thereof. (Malabaguio vs. COMELEC,346 SCRA 699)
2. A voter who was challenged on the ground that he has been paid for the vote or
made a bet on the result of the election will be allowed to vote if he takes an oath
that he did not commit the act alleged in the challenge. (Section 200,BP881)
3. An illiterate or physically disabled voter may be assisted by a relative by affinity
or consanguinity within the fourth degree or any person of his confidence who
belongs to the same household or any member of the Board of Election Inspectors.
(Section 196, BP881)
4. It is unlawful to use carbon paper, paraffin paper or other means for making a
copy of the contents of the ballot or to use any means to identify the ballot.(Sec.
195,BP881). A ballot prepared under such circumstances should not be counted.
(Gutierrez vs. Aquino, Feb,26,1959)
COUNTING OF VOTES
MANNER
1. The Board of Election Inspectors shall read the ballots publicly and shall not
postpone the count until it is completed. (Section 206, BP 881)
2. The Board of Election Inspectors shall assume such positions as to provide the
watchers and the public unimpeded view of the ballot being read. (Section 25,
RA 7166)
3. If on account of violence or similar causes it becomes necessary to transfer
the counting of the votes to a safer place, the BEI may effect the transfer by
unanimous approval of the board and concurrence of a majority of the watchers
present. (Section 18, RA6646)
4. Where a commotion resulted in suspension of the counting, the BEI may
recount the ballots. (Dayag vs. Alonzo)
RULES FOR APPRECIATION OF BALLOTS
1. A ballot in which the first name or surname of a candidate is written should be
counted for him, if there is no other candidate with the same name. (Lerias vs.
HRET,202 SCRA 808)

2. If only the first name of a candidate is written and it sounds like the surname
of another candidate, the vote shall be counted in favor of the latter.

3. If there are two or more candidates with the same name and one of them is
incumbent, the vote shall be counted in favor of the incumbent.

4. When two or more words are written on different lines which are the
surnames of two or more candidates with the same surname of an office for
which the law authorizes the election of more than one, the vote shall be
counted in favor of all the candidates. With the same surname.

5. When the word written is the first name of one candidate and the surname of
another candidate, the vote shall be counted for the latter.


6. If the ballot contains the first name of one candidate and the surname of
another, the vote shall not be counted for either.

7. An incorrectly written name which sounds like the correctly written name of a
candidate shall be counted in his favor(Bautista vs Castro,206 SCRA 606)

8. If the word written is the incidental name of two or more candidates for the
same office none of whom is incumbent, the vote shall be counted in favor of the
candidate who belongs to the same ticket as all other candidates voted for in the
ballot for the same constituency.

9. The erroneous initial of the first name accompanied by the correct surname of
a candidate or the erroneous initial of the same accompanied by the correct first
name of a candidate shall not annul the vote in his favor.

10. A ballot in which the correct first name but wrong surname of a candidate is
written or the correct surname but wrong first name of a candidate is written
,shall not be counted in his favor.

11. Where a candidate named Pedro Alfonso died on the eve of the election and
his daughter Irma Alfonso substituted him, ballots in which the name Pedro
alfonso was written cannot be counted in her favor. (Afonso vs. COMELEC,232
SCRA 777)

12. If two or more candidates were voted for in an office for which the law
authorizes the election for only one, the vote shall not be counted in favor of any
of them.

13. If the candidate voted for exceed the number of those to be elected, the
votes for the candidates whose names were firstly written equal to the number
of candidates to be elected shall be counted.

14. Even if the name of a candidate was written on the wrong space, it should be
counted if the intention to vote for him can be determined, as when there is a
complete list of names of other offices written below his name or the voter wrote
the office for which he was electing the candidate. (Cordero vs.Moscardon,132
SCRA 414)

LAGUMBAY DOCTRINE- it is a statistical improbability for a group of candidate
to get all the votes and for the other group of candidate to get a zero.

PRE-PROCLAMATION CONTROVERSY
For manual election:
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 Pre-Proclamation 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.

Applicable to positions governors and those below.

For automated election:

Ground: illegal composition and proceeding of the board of canvassers.

ELECTION CONTESTS

JURISDICTION

1) Supreme Court (Presidential Electoral Tribunal)

President
Vice-President ( Sec. 4, Art VII, Phil. Const)

2) Senate Electoral tribunal
Senators (Sec 17, Art VI, PC)

3) House of Representatives Electoral Tribunal

Congressmen ( Sec 17, Art VI, PC; Sampayan vs. Daza, 213 SCRA 807)

4) Commission on Elections
Regional Officials
Provincial Officials
City Officials ( Sec 2(2). Art IX-C, PC; Sec 249 BP 881)

5) Regional Trial Court
Municipal Officials ( Sec 2(2), Art IX-C, PC; Sec 251, BP 881, Papandayan vs.
COMELEC , 230 SCRA 469)

6) Metropolitan Trial Court, Municipal Circuit Trial Court, and Municipal Trial Court
Barangay Officials [ Sec 2(2), Art IX-C, PC; Sec 252 BP 881; Regatcho vs. Cleto,
126 SCRA 342]
Sangguniang Kabataan ( Sec 1, RA 7166)

ACTION WHICH MAY BE FILED

I. ELECTION PROTEST

Requisites:
i. Must be filed by any candidate who has filed a certificate of candidacy and has
been voted upon for the same office.
ii. On ground of fraud, terrorism, irregularities or illegal acts committed before,
during or after the casting and counting of votes
iii. Within 10 days from the proclamation of the results of the election.

II. QUO WARRANTO

Requisites:
i. Filed by any registered voter in the constituency
ii. On grounds of ineligibility or disloyalty to the Republic of the Philippines
iii. Within 10 days from the proclamation of the results of the election

QUO
WARRANTO
IN ELECTIVE
OFFICE
QUO
WARRANTO
IN
APPOINTIVE
OFFICE
1. determination 1. determination
is eligibility of
candidate-
elect
is legality of
appointment
2. when person
elected is
declared
ineligible,
court cannot
declare 2
nd

placer as
elected, even
if eligible

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




ELECTION OFFENSES
(READ SEC. 261, BP 881, THIS ENUMERATION IS NOT COMREHESIVE I JUST
COPIED THE HEADINGS)

(a) Vote-buying and vote-selling
(b) Conspiracy to bribe voters
(c) Wagering upon result of election
(d) Coercion of subordinates
(e) Threats, intimidation, terrorism, use of fraudulent device or other forms of
coercion
(f) Coercion of election officials and employees
(g) Appointment of new employees, creation of new position, promotion, or giving
salary increases. - During the period of forty-five days before a regular election and
thirty days before a special election
(h) Transfer of officers and employees in the civil service. - Any public official who
makes or causes any transfer or detail whatever of any officer or employee in the
civil service including public school teachers, within the election period except upon
prior approval of the Commission.
(i) Intervention of public officers and employees
(j) Undue influence.
(k) Unlawful electioneering
(l) Prohibition against dismissal of employees, laborers, or tenants.
(m) Appointment or use of special policemen, special agents, confidential agents or
the like.
(n) Illegal release of prisoners before and after election.
(o) Use of public funds, money deposited in trust, equipment, facilities owned or
controlled by the government for an election campaign.
(p) Deadly weapons. - Any person who carries any deadly weapon in the polling
place and within a radius of one hundred meters thereof during the days and hours
fixed by law for the registration of voters in the polling place, voting, counting of
votes, or preparation of the election returns.
(q) Carrying firearms outside residence or place of business.
(s) Wearing of uniforms and bearing arms.
(t) Policemen and provincial guards acting as bodyguards or security guards.
(u) Organization or maintenance of reaction forces, strike forces, or other similar
forces. - Any person who organizes or maintains a reaction force, strike force or
similar force during the election period.
(v) Prohibition against release, disbursement or expenditure of public funds.
(w) Prohibition against construction of public works, delivery of materials for public
works and issuance of treasury warrants and similar devices.
(x) Suspension of elective provincial, city, municipal or barangay officer.
(y) On Registration of Voters:

(1) Any person who, having all the qualifications and none of the
disqualifications of a voter, fails without justifiable excuse to register as a voter
in an election, plebiscite or referendum in which he is qualified to vote.

(2) Any person who knowingly makes any false or untruthful statement relative
to any of the data or information required in the application for registration.

(3) Any person who deliberately imprints or causes the imprinting of blurred or
indistinct fingerprints on any of the copies of the application for registration or
on the voter's affidavit; or any person in charge of the registration of voters who
deliberately or through negligence, causes or allows the imprinting of blurred or
indistinct fingerprints on any of the aforementioned registration forms, or any
person who tampers with the fingerprints in said registration records.

(4) Any member of the board of election inspectors who approves any
application which on its face shows that the applicant does not possess all the
qualifications prescribed by law for a voter; or who disapproves any application
which on its face shows that the applicant possesses all such qualifications.

(5) Any person who, being a registered voter, registers anew without filing an
application for cancellation of his previous registration.

(6) Any person who registers in substitution for another whether with or without
the latter's knowledge or consent.

(7) Any person who tampers with or changes without authority any data or entry
in any voter's application for registration.

(8) Any person who delays, hinders or obstruct another from registering.

(9) Any person who falsely certifies or identifies another as a bona fide resident
of a particular place or locality for the purpose of securing the latter's
registration as a voter.

(10) Any person who uses the voter's affidavit of another for the purpose of
voting, whether or not he actually succeeds in voting.

(11) Any person who places, inserts or otherwise includes, as approved
application for registration in the book of voters or in the provincial or national
central files of registered voters, the application of any fictitious voter or any
application that has not been approved; or removes from, or otherwise takes out
of the book of voters or the provincial or national central files of registered
voters any duly approved voter's application, except upon lawful order of the
Commission, or of a competent court or after proper cancellation as provided in
Sections 122, 123, 124 and 125 hereof.

(12) Any person who transfers or causes the transfer of the registration record
of a voter to the book of voters of another polling place, unless said transfer was
due to a change of address of the voter and the voter was duly notified of his
new polling place.

(13) Any person who asks, demands, takes, accepts or possesses, directly or
indirectly, the voter's affidavit of another, in order to induce the latter to
withhold his vote, or to vote for or against any candidate in an election or any
issue in a plebiscite or referendum. It shall be presumed prima facie that the
asking, demanding, taking, accepting, or possessing is with such intent if done
within the period beginning ten days before election day and ending ten days
after election day, unless the voter's affidavit of another and the latter are both
members of the same family.

(14) Any person who delivers, hands over, entrusts, gives, directly or indirectly
his voter's affidavit to another in consideration of money or other benefit or
promises thereof, or takes or accepts such voter's affidavit directly or indirectly,
by giving or causing the giving of money or other benefit or making or causing
the making of a promise thereof.

(15) Any person who alters in any manner, tears, defaces, removes or destroys
any certified list of voters.

(16) Any person who takes, carries or possesses any blank or unused
registration form already issued to a city or municipality outside of said city or
municipality except as otherwise provided in this Code or when directed by
express order of the court or of the Commission.

(17) Any person who maliciously omits, tampers or transfers to another list the
name of a registered voter from the official list of voters posted outside the
polling place.

(z) On voting:

(1) Any person who fails to cast his vote without justifiable excuse.

(2) Any person who votes more than once in the same election, or who, not
being a registered voter, votes in an election.

(3) Any person who votes in substitution for another whether with or without the
latter's knowledge and/or consent.

(4) Any person who, not being illiterate or physically disabled, allows his ballot to
be prepared by another, or any person who prepares the ballot of another who is
not illiterate or physically disabled, with or without the latter's knowledge and/or
consent.

(5) Any person who avails himself of any means of scheme to discover the
contents of the ballot of a voter who is preparing or casting his vote or who has
just voted.

(6) Any voter who, in the course of voting, uses a ballot other than the one
given by the board of election inspectors or has in his possession more than one
official ballot.

(7) Any person who places under arrest or detains a voter without lawful cause,
or molests him in such a manner as to obstruct or prevent him from going to the
polling place to cast his vote or from returning home after casting his vote, or to
compel him to reveal how he voted.

(8) Any member of the board of election inspectors charged with the duty of
reading the ballot during the counting of votes who deliberately omits to read
the vote duly written on the ballot, or misreads the vote actually written thereon
or reads the name of a candidate where no name is written on the ballot.

(9) Any member of the board of election inspectors charged with the duty of
tallying

the votes in the tally board or sheet, election returns or other prescribed form
who deliberately fails to record a vote therein or records erroneously the votes
as read, or records a vote where no such vote has been read by the chairman.

(10) Any member of a board of election inspectors who has made possible the
casting of more votes than there are registered voters.

(11) Any person who, for the purpose of disrupting or obstructing the election
process or causing confusion among the voters, propagates false and alarming
reports or information or transmits or circulates false orders, directives or
messages regarding any matter relating to the printing of official ballots, the
postponement of the election, the transfer of polling place or the general conduct
of the election.

(12) Any person who, without legal authority, destroys, substitutes or takes
away from the possession of those having legal custody thereof, or from the
place where they are legally deposited, any election form or document or ballot
box which contains official ballots or other documents used in the election.

(13) Any person having legal custody of the ballot box containing the official
ballots used in the election who opens or destroys said box or removes or
destroys its contents without or against the order of the Commission or who,
through his negligence, enables any person to commit any of the
aforementioned acts, or takes away said ballot box from his custody.

(14) Any member of the board of election inspectors who knowingly uses ballots
other than the official ballots, except in those cases where the use of emergency
ballots is authorized.

(15) Any public official who neglects or fails to properly preserve or account for
any ballot box, documents and forms received by him and kept under his
custody.

(16) Any person who reveals the contents of the ballot of an illiterate or disabled
voter whom he assisted in preparing a ballot.

(17) Any person who, without authority, transfers the location of a polling place.

(18) Any person who, without authority, prints or causes the printing of any
ballot or election returns that appears as official ballots or election returns or
who distributes or causes the same to be distributed for use in the election,
whether or not they are actually used.

(19) Any person who, without authority, keeps, uses or carries out or causes to
be kept, used or carried out, any official ballot or election returns or printed
proof thereof, type-form mould, electro-type printing plates and any other plate,
numbering machines and other printing paraphernalia being used in connection
with the printing of official ballots or election returns.

(20) Any official or employee of any printing establishment or of the Commission
or any member of the committee in charge of the printing of official ballots or
election returns who causes official ballots or election returns to be printed in
quantities exceeding those authorized by the Commission or who distributes,
delivers, or in any manner disposes of or causes to be distributed, delivered, or
disposed of, any official ballot or election returns to any person or persons not
authorized by law or by the Commission to receive or keep official ballots or
election returns or who sends or causes them to be sent to any place not
designated by law or by the Commission.

(21) Any person who, through any act, means or device, violates the integrity of
any official ballot or election returns before or after they are used in the election.

(22) Any person who removes, tears, defaces or destroys any certified list of
candidates posted inside the voting booths during the hours of voting.

(23) Any person who holds or causes the holding of an election on any other day
than that fixed by law or by the Commission, or stops any election being legally
held.

(24) Any person who deliberately blurs his fingerprint in the voting record.

(aa) On Canvassing:

(1) Any chairman of the board of canvassers who fails to give due notice of the
date, time and place of the meeting of said board to the candidates, political
parties and/or members of the board.

(2) Any member of the board of canvassers who proceeds with the canvass of
the votes and/or proclamation of any candidate which was suspended or
annulled by the Commission.

(3) Any member of the board of canvassers who proceeds with the canvass of
votes and/or proclamation of any candidate in the absence of quorum, or without
giving due notice of the date, time and place of the meeting of the board to the
candidates, political parties, and/or other members of the board.

(4) Any member of the board of canvassers who, without authority of the
Commission, uses in the canvass of votes and/or proclamation of any candidate
any document other than the official copy of the election returns.

(bb) Common to all boards of election inspectors and boards of canvassers:

(1) Any member of any board of election inspectors or board of canvassers who
deliberately absents himself from the meetings of said body for the purpose of
obstructing or delaying the performance of its duties or functions.

(2) Any member of any board of election inspectors or board of canvassers who,
without justifiable reason, refuses to sign and certify any election form required
by this Code or prescribed by the Commission although he was present during
the meeting of the said body.

(3) Any person who, being ineligible for appointment as member of any board of
election inspectors or board of canvassers, accepts an appointment to said body,
assumes office, and actually serves as a member thereof, or any of public officer
or any person acting in his behalf who appoints such ineligible person knowing
him to be ineligible.

(4) Any person who, in the presence or within the hearing of any board of
election inspectors or board of canvassers during any of its meetings, conducts
himself in such a disorderly manner as to interrupt or disrupt the work or
proceedings to the end of preventing said body from performing its functions,
either partly or totally.

(5) Any public official or person acting in his behalf who relieves any member of
any board of election inspectors or board of canvassers or who changes or
causes the change of the assignments of any member of said board of election
inspectors or board of canvassers without authority of the Commission.

(cc) On candidacy and campaign:

(1) Any political party which holds political conventions or meetings to nominate
its official candidates earlier that the period fixed in this Code.

(2) Any person who abstracts, destroys or cancels any certificate of candidacy
duly filed and which has not been cancelled upon order of the Commission.

(3) Any person who misleads the board of election inspectors by submitting any
false or spurious certificate of candidacy or document to the prejudice of a
candidate.

(4) Any person who, being authorized to receive certificates of candidacy,
receives any certificate of candidacy outside the period for filing the same and
makes it appear that said certificate of candidacy was filed on time; or any
person who, by means of fraud, threat, intimidation, terrorism or coercion,
causes or compels the commission of said act.

(5) Any person who, by any device or means, jams, obstructs or interferes with
a radio or television broadcast of any lawful political program.

(6) Any person who solicits votes or undertakes any propaganda, on the day of
election, for or against any candidate or any political party within the polling
place or within a radius of thirty meters thereof.

(dd) Other prohibitions:

(1) Any person who sells, furnishes, offers, buys, serves or takes intoxicating
liquor on the days fixed by law for the registration of voters in the polling place,
or on the day before the election or on election day: Provided, That hotels and
other establishments duly certified by the Ministry of Tourism as tourist oriented
and habitually in the business of catering to foreign tourists may be exempted
for justifiable reasons upon prior authority of the Commission: Provided, further,
That foreign tourists taking intoxicating liquor in said authorized hotels or
establishments are exempted from the provisions of this subparagraph.

(2) Any person who opens in any polling place or within a radius of thirty meters
thereof on election day and during the counting of votes, booths or stalls of any
kind for the sale, dispensing or display of wares, merchandise or refreshments,
whether solid or liquid, or for any other purposes.

(3) Any person who holds on election day, fairs, cockfights, boxing, horse races,
jai-alai or any other similar sports.

(4) Refusal to carry election mail matter. - Any operator or employee of a public
utility or transportation company operating under a certificate of public
convenience, including government-owned or controlled postal service or its
employees or deputized agents who refuse to carry official election mail matters
free of charge during the election period. In addition to the penalty prescribed
herein, such refusal shall constitute a ground for cancellation or revocation of
certificate of public convenience or franchise.

(5) Prohibition against discrimination in the sale of air time. - Any person who
operates a radio or television station who without justifiable cause discriminates
against any political party, coalition or aggroupment of parties or any candidate
in the sale of air time. In addition to the penalty prescribed herein, such refusal
shall constitute a ground for cancellation or revocation of the franchise.