DE LA SALLE UNIVERSITY

COLLEGE OF LAW
Political Law Review
First Semester 2016-2017
Professor Victoria V. Loanzon
PART III
H. CITIZENSHIP
1. Mercado v. Manzano, 307 SCRA 630 (1999)
2. Re: Application for Admission to the Philippine Bar, Vicente D. Ching, 316
SCRA 1 (1999)
3. Bengson III v. House of Representatives Electoral Tribunal, 357 SCRA 545
(2001)
4. David v. Agbay, 753 SCRA 526 (2015)
5. Maquiling v. Commission on Elections, 696 SCRA 420 (2013) and 700
SCRA 367 (2013)
6. Poe-Llamanzares v. Commission on Elections, – SCRA – (G.R. Nos. 221697,
etc., 8 March 2016, and, 5 April 2016)
7. Republic v. Sagun, 666 SCRA 321 (2012)
I. LAW ON PUBLIC OFFICERS
I.1 The Civil Service
1. Pichay, Jr. v. Office of the Deputy Executive Secretary for Legal
Affairs-Investigative and Adjudicatory Division, 677 SCRA 408 (2012)
2. Civil Service Commission v. Dacoycoy, 306 SCRA 425 (1999)
3. Quimbo v. Gervacio, 466 SCRA 277 (2005)
4. Re: Application for Retirement of Judge Moslemen T. Macarambon under
Republic Act No. 910, as amended by Republic Act No. 9946, 673 SCRA
602 (2012)
5. Re: Letter of Court of Appeals Justice Vicente S.E. Veloso for Entitlement to
Longevity Pay for His Services as Commission Member III of the
National Labor Relations Commission, 758 SCRA 1 (2015)
6. Fetalino v. Commission on Elections, 686 SCRA 813 (2012)
7. Ocampo v. Commission on Audit, 698 SCRA 136 (2013)
I.2 Accountability of Public Officers
1. Office of the Ombudsman v. Court of Appeals, 452 SCRA 714 (2005)
2. Gutierrez v. House of Representatives Committee on Justice, 643 SCRA 198
(2011)
3. Gonzales III v. Office of the President, 679 SCRA 614 (2012) and 714 SCRA
611 (2014)
4. Carpio Morales v. Court of Appeals (Sixth Division), – SCRA – (G.R. Nos.
217126-27, 10 November 2015)

J. ADMINISTRATIVE LAW

Case: Dela Llana v. Chairperson, Commission on Audit, 665 SCRA 176 (2012)

1. Administrative Law, Defined and Scope

Principle of delegation of powers
Create offices/agencies dedicated to a specific competence/expertise
Executive branch- quasi-legislative and quasi-judicial(LTO and LTFRB in
granting of franchise. When there is complaint, they can suspend franchise

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 Administrative Law is a part of Political Law.

In the broadest sense, it refers to the entire organization and operation of
government.
 In a less comprehensive sense, it refers to that part of “public law wherein it
fixes the organization and determines the competence of the administrative
agency and indicates to the individual remedies for violation of his rights”
(Goodnow, Comparative Administrative Law 8-9 (1983) as cited in CORTES,
Philippine Administrative Law p.3 (1984)
 In a technical sense, administrative law covers a more limited field. It is the
law governing regulatory agencies but it is concerned not only with rule-
making, the settlement of contested matters and the distribution of benefits but
also indicates the remedies available to those aggrieved by the administrative
action. Pound refers to it as “that branch of modern law under which the
executive department of government acting in a quasi-legislative or quasi-
judicial capacity, interferes with the conduct of the individual for the purpose
of promoting the well-being of the community, as under laws regulating public
corporations, business affected with a public interest, professions, trades and
callings, rates and prices, laws for the protection of the public health and
safety and the promotion of the public convenience and advantage.”
SOURCE: CORTES, PHILIPPINE ADMINISTRATIVE LAW pp. 2-4 (1984)
2. Relationship of Administrative Law with the Constitution
Goodnow points out the relation of administrative law to constitutional law in this
manner: “Insofar as it fixes the organization of the administrative authorities,
administrative law is the necessary supplement of constitutional law. While
constitutional law gives the general plan of governmental organization,
administrative law carries out this plan in its minutest details. But administrative law,
not only supplements constitutional law insofar as it regulates the administrative
organization of the government; it also complements constitutional law, insofar as it
determines the rule relative to the activity of the administrative authorities. For while
constitutional law treats of the rights of individual, administrative law treats them
from the standpoint of the powers of the government. Constitutional law, it has been
said, lays stress upon rights, administrative law emphasizes the powers of
government and duties of the citizens it, is nevertheless to the administrative law that
the individual must have recourse when his rights are violated. For just so far as
administrative law delimits the sphere of action of the administration, it indicates
what are the rights of the individual which the administration must respect; and, in
order to prevent the administration from violating them, offer to the individual
remedies for the violation of these rights”. (emphasis supplied)
SOURCE: GOODNOW, COMPARATIVE ADMINISTRATIVE LAW, 8-9 (1893), as
cited in CORTES, PHILIPPINE ADMINISTRATIVE LAW p.4 (1984)

Constitutionally Created:
1. CSC
2. ComElec
3. CoA
-> General provisions
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 1. Monetary Board
2. CHR
3. NEDA
4. NaPolCom
5. National Commission on Filipino Language
6. National Commission on Indigenous People

Art. XI- Ombudsman (IPIS)

Investigate
Prosecute
Impose Sanctions
IPIS against IAC- Inept, Abusive, Corrupt

Primary Jurisdiction- expertise; courts will defe

Exhaustion of Administrative Remedies
2. Constitutional Considerations
 Separation of Powers
Section 1, Article II – Declaration of Principle and State Policies: “The Philippines is
a democratic and republican state. Sovereignty resides in the people and all
governmental authority emanates from them.”
Belgica et al v. Executive Secretary et al., G.R. No. 208566, November 19, 2013
Neri v. Senate Committees, G.R. No. 180643, March25, 2007/Sept. 4, 2008
Basic tenets of a republican state
 The powers of government are distributed into three distinct branches: the
executive, the legislative and the judicial.
 Unless the Constitution permits it, no branch of government can abdicate
its functions and escape responsibility by delegating them.
 Exception to the rule on delegation of powers: Within the limits of the law
creating the Executive Department, defining and limiting its powers, the
executive may allocate specific functions to agencies under its control and
supervision for efficient management and better governance.
Lambino et al. v. COMELEC, G.R. No. 174153, 505 SCRA 160 (2006); read pp.
219-223, 228-261 only
Rule:When the law vests in an administrative body the power to hear and decide
controversies, the delegation is not done by the judiciary but the power to adjudicate granted
by law proceeds from the plenary powers of legislative branch.
Other constitutional limitations
Bill of Rights: the right to due process. Section 1, Article III, Philippine Constitution
“No person shall be deprived of life, liberty, or property without due process of law,
no shall any person be denied the equal protection of the law.

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Concept of Rule of Law
Rule: No person or groups of persons no matter how high or powerful is above the
law.
Drilon v. Ermita, G.R. No.169777, April 20, 2006
Bayan et al v. Ermita, G.R. No. 169838, April 25, 2006
Ladlad v. Velasco, G.R. No. 1720-72, June 1, 2007

3. CREATION OF ADMINISTRATIVE AGENCIES

Constitutional Provision:
Article IX, 1987 Constitution, Constitutional Commissions:
(1) The Civil Service Commission; (2) The Commission on Elections; and (3) The
Commission on Audit; (4) Article XI, 1987 Constitution, Section 5. Ombudsman; and
(5) Article XIII, 1987 Constitution, Section 17. Commission on Human Rights

Legislation: some government agencies created by law through special

charters
Other Modes
(i) May be created by local governments thru ordinance/local legislation
(ii) Regulation in international field
 The Council of International Civil Aviation Organization
 Administrative Tribunal of the International Labor Organization
 CIAB
 WTO
(iii) may be created by executive action
Types of Administrative Agencies (Refer to the Revised Administrative Code for
details)
- government instrumentality
- regulatory agency
- chartered institution
- government-owned or controlled corporation

4. CHECKS ON ADMINISTRATIVE AGENCIES

Sources of Checks
THE PRESIDENT (Article VII, 1987 Constitution)
 position of the Chief Executive (Section 1)
 duty to preserve and defend the Constitution (Section 5)
 appointing power (Section 16)
 control over executive departments, bureaus and offices (Section 17)
 sovereign guarantees on foreign loans ( Section 20)
 submission of budget outlining programs and defining policies ( Section
22)

THE LEGISLATURE (Article VI, 1987 Constitution)

(a) creation of government agencies pertains to the plenary powers (Section 1)
(b) consent over presidential appointees ( Section 18)
(c) examination of books of accounts by COA (Section 20)
(d) power to conduct inquiries (Section 21 and 22)
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 (e) declaration of war (Section 23)
(f) enact budget (Section 24, 25 and 29)

THE COURTS: POWER OF JUDICIAL REVIEW (Article VIII, 1987

Constitution)
(a) availability of judicial review
(b) modes of judicial review Refer to Sec. 1, Sec 4(2), Sec. 5
(c) extent of judicial review
Ombudsmna- administrative (may be waived by the complainant)
- criminal
5. GRIEVANCE MECHANISM (Article XI, 1987 Constitution)
(a) Accountability of Public Officers
 Impeachment (Section 2)
 Procedure (Section 3)
(b) Powers of the Sandiganbayan (Section 4)
(c) Powers of the Ombudsman (Section 5,6,7,8,9,10,11,12,13)
(d) Civil Service Commission (Article IX, A. Common Provisions, B. The
Civil Service Commission) Sections 2 (1), (2), (3), (4), (5) and (6).
6. ROLE OF THE PUBLIC
(a) resolution of conflicting interests
(b) essence of public welfare/public interest
7. ROLE OF THE MEDIA
(a) print and broadcast media as potent sources of checks
(b) contribute to increased public awareness on issue
8. POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES
General Executive and Administrative Functions (Determinative in Nature)
Issuance of licenses, permits, leases, etc.
Acebedo Optical v. C.A et. al., G.R. No. 100152, March 31, 2000

Regulation of profession belongs to prc- not the mayor (only business

permit)
Fact-finding Investigation
Lovina v. Moreno, G.R. No. L-17821, November 29, 1963
Permissible delegation; delegation; when allowed
Rule-making power (Legislative in Nature)
Principles to determine valid exercise of power
 Completeness Test
 Sufficient Standard Test
Requisites
 Secs. 1-9, Book VII, Administrative Code of 1987, Administrative
Procedure
Limitations of rule-making power
Philippine Lawyers Association v. Agrava, 105 Phil. 173 (1959)

Agrave: qualififying exams to work in IPO.

Lawyers: we have been trade to study the law/
SC: agrees to the lawyers*
Requisites for valid delegation of the power from the legislative branch
to the executive branch:
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  it must have been promulgated in accordance with prescribed
procedure;
 it must have reasonable standards;
 the power is issued under authority of law;
 administrative regulations(IRR) must be published in order to be
effective; and
 it must be within the scope and purview of the law.

Publication and Effectivity of Rules: If a question on validity of rules is

raised before the courts, it must be resolved with dispatch as it could
result to irreparable injury to affected individuals.
General Rule: Publication is mandatory before any administrative
issuance particularly rules and regulations especially so when they impose
some form of burden on the public. Book VII, Sections 3-8, Administrative
Code of 1987
People v. Que Po Lay, 94 Phil. 640 (1954)
Rationale behind the Rule: Due process in the exercise of an
administrative agency’s quasi-legislative power requires publication of
the promulgated rules and regulations.
Classes of Rules and Regulations in Exercise of Legislative Function
Internal, affecting only the internal operations/procedures of an agency
Personnel Regulations, refer only to personnel action of an agency relative
to office orders on transfer, reassignment, designation, etc.
Interpretative Rules, Clarificatory Rules (ex. DOJ opinions, BIR Circulars)
Fixing of Rates, Prices, Toll Charges: This power is vested by law in
administrative agencies and carries with it an implied standard is part of
the law.
Refer to:
 Administrative Code of 1987 Sec. 9, Book VII
 Sections 17 – 18, Book VII, Administrative Code of 1987

9. Adjudicatory power (Judicial in Nature)

Administrative Procedure
Due Process: twin requirements of notice and hearing
Due Process in Administrative Investigation
Procedural and Substantial due process distinguished
Nature of Administrative Proceedings
Re: Letter of U.P. Law Faculty, A.M. No.10-10-4-SC, 2011: administrative
proceedings do not require trial type hearing

No oral arguments for administrative cases against judges, justices and court
employees.

Hearing; Procedural requirements

SSS v. Gloria de los Santos, G.R. No. 164790, August 29, 2008
SC resolved the issue based on equity: only the child, whether legitimate or
not. The spouse is not entitled because she cheated and she contracted
another marriage in the US.

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 Investigation and Adjudication: part of quasi-judicial power of
administrative agencies
 Sections 10-15, Book VII, Administrative Code of 1987
Power to issue subpoena, declare in contempt: allowed only when
provided by the law creating the administrative agency.
 General Statutory Provision. Sec. 13, Book II, Administrative
Code of 1987.
 Special Statutory Grant: Contempt power is inherently judicial.
Mayor Brigido Simon v. Commission on Human Rights, G.R.
No.,100150, January 5, 1994
Issuance of Warrants, Administrative Searches and Seizures: must
conform with constitutional standards.
 Section 13, Book VII, Administrative Code of 1987
 Art. III, Sec. 2, 1987 Constitution
Harvey et al. v. Defensor-Santiago, 162 SCRA 840 (1988)
Warrant of arrest may not be issued by the bureau of immigration except
when deportation has commenced. Deportation bond to assure the
government that they will appear during the hearing.
Administrative Appeal
Refer to: Secs. 19-24, Book VII, Administrative Code of 1987.
Principle of Exhaustion of Administrative Remedies
Boracay Foundation v. The Province of Aklan, G.R. No. 196870,
2012

Rule on Environmental Case

 Rationale behind the principle: Allow administrative agencies to
exercise primary jurisdiction.
Exceptions when resort to exhaustion of administrative remedies is not
necessary
(a) The question involved is purely legal;
(b) The administrative body is in estoppel;
(c) The act complained is patently illegal;
(d) There is an urgent need for judicial intervention;
(e) The claim involved is small;
(f) Grave and irreparable injury will be suffered;
(g) There is no other plain, speedy and adequate remedy,
(h) Strong public interest is involved;
(i) The subject of the controversy is private law;
(j) The case involves a quo warranto proceeding (Sunville Timber
Products, Inc. v. Abad, 206 SCRA 428 [1992]);
(k) The party was denied due process (Samahang Magbubukid ng
Kapdula, Inc. v. Court of Appeals, 305 SCRA 147 [1999]);
(l) The decision is that of a Department of Secretary. (Nazareno v. Court
of Appeals, G.R. No. 131641, February 23, 2000)
(m) Resort to administrative remedies would be futile (University of the
Philippines Board of Regents v. Rasul, 200 SCRA 685 [1991]);
(n) There is unreasonable delay (Republic v. Sandiganbayan, 301 SCRA
237 [1999]);

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 (o) The action involves recovery of physical possession of public land
(Gabrito v. Court of Appeals, 167 SCRA 771 [1998]);
(p) The party is poor (Sabello v. Department of Education, Culture and
Sports, 180 SCRA 623 [1989]); and
(q) The law provides for immediate resort to the court (Rullan v. Valdez,
12 SCRA 501 [1964]).
Valmonte v. Belmonte, Jr., G.R. No. 74930, February 13, 1989: issue
involves public interest which necessitates the court to take
jurisdiction
Sabello v. Department of Education, Culture & Sports, 180 SCRA 623
(1989): claim of money
Finality of Administrative Decisions
Factors to consider:
 Nature of claim asserted whether guaranteed by the Constitution or
conferred by statute
 Right or privilege involved
 Subject matter of the controversy
 Issue raised is a question of law, of fact or administrative discretion
Enforcement of Administrative Decisions: must be in writing, based on
evidence and law.
Form and Promulgation of Judgment
10. JUDICIAL REVIEW
Refer to Sections 25 and 26, Administrative Code of 1987
Rules:
 Before resort to courts and allowed, administration action have to be
completed so that nothing is left to be done in the administrative structure.
 The case is vulnerable to dismissed if party fails to avail of administrative
remedies when so required by law.
 Failure to resort to preliminary resort my result to suspension of judicial
proceedings.
Doctrine of Primary Jurisdiction
Where both the court and administrative agency have jurisdiction, the court
will yield to the administrative agency
Rationale behind the doctrine: It is designed to define a situation when the
court should refer the matter to the agency for an initial determination as it:
 may involve issues of fact beyond the conventional experience and
expertise of judges; and
 may require the exercise of administrative discretion.
Conditions for ripeness for judicial review of administrative actions
(1) the administrative action has already been fully completed and
therefore, it is a final agency action;
(2) all administrative remedies have been exhausted.
Modes of Judicial Review
Note: Relate the modes for relief with the exceptions in the application of the
doctrine of exhaustion of administrative remedies.
 Extent of Judicial Review
 Question of Fact
 Question of Law
 Question of Discretion

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 Availment of Provisional Remedies
 Rule 58, Rules of Court - Preliminary Injunction
 Rule 64, Rules of Court – Declaratory Relief
Sec. of DENR et al v. Mayor Yap v et al, G.R. Nos. 167707, 173775, Oct. 8,
2008
 Rule 65, Rules of Court – Certiorari, Prohibition and Mandamus
 Resort to Mandamus, and Prohibition when premature; wrong remedy
illustrated:
 Prohibition
Simon, Jr. v. Commission on Human Rights, supra
 Mandamus
Ng Gioc Liu v. Secretary of DFA, 85 Phil. 842
MMDA v. Concerned Residents of Manila Bay G.R. Nos171947-48, Dec.
18, 2008
 Writ of Amparo / Writ of Habeas Data/Writ of Kalikasan
Boracay Foundation v. Province of Aklan, supra

K. ELECTION LAW

1. . Constitutional Basis: Art. II, 1987 Constitution

Article II – Declaration of Principles and State Policies, 1987 Constitution: “Sec. 1 –The
Philippines is a democratic and republican state. Sovereignty resides in the people and all
government authority emanates from them.”
2. Qualified Voters: Art. V. 1987 Constitution
“Sec. 1 - Suffrage may be exercised by all citizens of the Philippines not otherwise
disqualified by law, who are at least eighteen years of age, who shall have resided in the
Philippines for at least one year and in the place wherein they propose to vote for at least
six (6) months immediately preceding the election. No literacy, property, or other
substantive requirement shall be imposed on the exercise of suffrage. (emphasis
supplied)”

3. Overseas absentee voter:

Absentee voting: process by which qualified citizens of the Philippines abroad exercise
their right to vote. [Sec. 3a, R.A. 9189, The Overseas Absentee Voting Act]
Voter Overseas Absentee: citizen of the Philippines who is qualified to register and vote
under this Act, not otherwise disqualified by law, who is abroad on the day of elections.
[Sec. 3f, R.A. 9189]
Coverage of the right of suffrage of overseas absentee voters: Elections for president,
vice-president, senators and party-list representatives [Sec. 3f, R.A. 9189]
Registration as an overseas absentee voter shall be done in person in the Philippine
Consulate of Embassy nearest to the place of residence of the voter. [Sec.5, R.A. 9189]
4. Disqualified Voters: Sec. 118, Omnibus Election Code
The following shall be disqualified from voting:
 Any person who has been sentenced by final judgment to suffer imprisonment for
not less than one year, such disability not having been removed by plenary pardon
or granted amnesty: Provided, however, that any person disqualified to vote under
this paragraph shall automatically reacquire the right to vote upon expiration of
five (5) years after service of sentence.

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  Any person who has been adjudged by final judgment by competent court or
tribunal of having committed any crime involving disloyalty to the duly
constituted government such as rebellion, sedition, violation of the anti-subversion
and firearms laws, or any crime against national security, unless restored to his
full civil and political rights in accordance with law: Provided, that he shall regain
his right to vote automatically upon expiration of five (5) years after service of
sentence.

 Insane or incompetent persons as declared by competent authority.

5. The Commission on Elections (“COMELEC”)
Art. IX, 1987 Constitution
Composition Sec. I (1) – Art. IX - B, 1987 Constitution
“Sec. 1 (1) – There shall be a Commission on Elections composed of a Chairman and
six Commissioners who shall be natural-born citizens of the Philippines and, at the
time of their appointment, at least thirty-five (35) years of age, holder of a college
degree, and must not have been candidates for any elective position in the
immediately preceding elections. However, a majority thereof, including the
Chairman, shall be members of the Philippine Bar who have been engaged in the
practice of law for at least ten years.”
Term of Office Sec. I (2), Art. IX -, 1987 Constitution
“The Chairman and the Commissioners shall be appointed by the President with the
consent of the Commission on Appointments for a term of seven years without
reappointment. x x x Appointment to any vacancy shall be only for the unexpired
term of the predecessor. In no case shall any Member be appointed or designated in a
temporary or acting capacity.”
6. ELECTION LAWS
Pertinent Laws
 Omnibus Election Code (BP Blg. 881)
 R.A. 6646 -The Electoral Reform Act of 1984
 R.A. No. 7166 - The Synchronized National and Local Elections Law of 1991
 R.A. 8046 - Authorizing the Commission on Elections to Conduct a
Nationwide Demonstration of a Computerized Election System and Pilot-Test
it in the March 1996 Elections in the Autonomous Region.
 R.A. 8189 - Voter’s Registration Act of 1996
 R.A. 8295 – Lone Candidate Law
 R.A. 9006 – Fair Election of 2001
 R.A. 9164 - Barangay and Sangguniang Kabataan Elections, amending
Republic Act No. 7160
 R.A. 9189 – The Absentee Voting Law
 R.A. 9369 – Commission on Elections to use an automated election system in
the May 11, 1998 national or local elections and in subsequent national and
local electoral exercises.
 Excerpts from R.A. 7160 – Local Government Code
Interpretation of Election Laws – Liberally construed in favor of right of suffrage
Purpose of Election Laws – To ascertain the will of the people

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 7. REGISTRATION OF VOTERS
Definition: An act of accomplishing and filing of a sworn application for registration by
a qualified voter before the election officer of the city or municipality wherein he resides
and including the same in the book of registered voters upon approval by the Election
Registration Board. [Sec. 3a, R.A. 8189]
Registration does not confer the right to vote but it is a condition precedent to the exercise
of the right [Yra v. Abano (1928)]
Change of residence or address may be done during the period of registration.
Period: COMELEC allows a continuing system of registration except during the
following periods:
(1) 120 days before a regular election
(2) 90 days before a special election [Sec. 8, R.A. 8189]
Certified List of Voters residing in the Philippines: refers to an enumeration of names
of registered voters in a precinct duly certified by the Election Registration Board
(“ERB") for use in the election
Preparation: The ERB shall prepare and post a certified list of voters 90 days before a
regular election and 60 days before a special election. [Sec. 30, R.A. 8189]
Posting: Copies of the certified list along with a certified list of deactivated voters
categorized by precinct per barangay, within the same period shall be posted in the office
of the Election Officer and in the bulletin board of each city/municipal hall. Upon
payment of the fees as fixed by the Commission, the candidates and heads shall also be
furnished copes thereof [Sec.30, RA 8189]
Circumstances that would allow alteration of the List of /voters:
(1)Deactivation/Reactivation
(2) Exclusion/Inclusion Proceedings
(3) Cancellation of Registration in case of death
(4) Inclusion of New voters
(5) Annulment of Book of Voters
(6) Transfer of Residence of a registered voter.
The trial court has no power to order the change or transfer of registration from one place
of residence to another for it is the function of the election Registration Board as provided
under Section 12 of R.A. No. 8189. [Domino v. COMELEC, 1999]
Note: The precinct assignment of a voter in the permanent list of voters shall not be
changed/altered/transferred to another precinct without the express written consent of the
voter. Provided, however, that the voter shall not unreasonably withhold such consent.
Any violation thereof shall constitute an election offense. [Sec. 4, R.A. 8189]
Annulment of Book of Voters
The COMELEC shall, upon verified petition of any voter or election officer or duly
registered political party, and after notice and hearing, annul any book of voters:
(1) If it is not prepared in accordance with R.A. 8189 or the Voters’ Registration Act of
1996;
(2) If it is prepared through fraud, bribery, forgery, impersonation, intimidation, force, or
any similar irregularity; or
(3) If it contains data that are statistically improbable.
No order, ruling or decision annulling a book of voters shall be executed within 90 days
before an election. [Sec. 39, R.A. 8189]
National Registry of Overseas Absentee Voters

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 Definition: The consolidated list prepared, approved and maintained by the COMELEC,
of overseas absentee voters whose applications for registration as absentee voters,
including those registered voters who have applied to be certified as absentee voters, have
been approved by the Election Registered Board. [Sec. 3e, R.A. 9189]
Grounds for cancellation/amendment of entries:
(1) When the overseas absentee voter files a letter under oath addressed to the
COMELEC that he/she wishes to be removed from the Registry of Overseas Absentee
Voters, or that his/her name be transferred to the regular registry of voters.

(2) When an overseas absentee voter’s name was ordered removed by the COMELEC
from the Registry of Overseas Absentee
Voters for his/her failure to exercise his/her right to vote under R.A. 9189 for 2 consecutive
national elections. [Sec. 9, R.A. 9189]

Inclusion / Exclusion Proceedings (Secs. 138, 139, 142, Omnibus Election Code).: A
challenge to right to register as a voter may be instituted by any voter, candidate or
representative of a registered political party.
The challenge must be:
(1) in writing;
(2) specify the grounds for the objection to register;
(3) under oath; and
(4) attached to the application, together with the proof of notice of hearing to the challenger
and the applicant.
The challenge must be filed not later than the 2nd Monday of the month in which the same is
scheduled to be heard or processed by the ERB. Should 2nd Monday fall on a non-working
holiday, filing may be made on the next following working day [Sec. 18, R.A. 8189]
The hearing is set on the 3rd Monday of the month.
The decision of the ERB must be rendered before the end of the month.
In case of approval/disapproval of application for registration, the aggrieved party may file a
petition for exclusion/inclusion, as the case may be, with MTC (first level court).
Note: Decision of the RTC on appeal from MTC pertaining to inclusions or exclusions from
list of voters is not subject to any further appeal.

Deactivation of Registration
Definition: process of deactivating the registration of certain persons, removing their
registration records from the corresponding precinct book of voters and placing the same in
the inactive file, properly marked “deactivated” and dated in indelible ink.
Reasons of Deactivation: The ERB shall remove the registration records of the following
persons from the corresponding precinct book of voters and place the same in the inactive
file:
(1) Sentenced by final judgment to suffer imprisonment for not less than 1 year (unless
granted a plenary pardon or an amnesty) shall automatically reacquire right to vote upon the
expiration of 5 years after the service of sentence as certified by clerks of courts
(2) Adjudged by final judgment for having committed any crime involving disloyalty to the
duly constituted government (e.g. rebellion, sedition, violation of the firearms law) or any
crime against national security (unless restored to full civil and political rights in accordance
with law) shall automatically reacquire the right to vote upon the expiration of 5 years after
the service of sentence;

12 | P a g e
(3) Insane or incompetent persons as declared by competent authority;
(4) Did not vote in the 2 successive preceding regular elections (excluding SK elections);
(5) Registration has been ordered excluded by the Court; and
(6) Lost of Filipino citizenship. [Sec. 27, R.A. 8189]
Reactivation of Registration
Procedure: Any voter whose registration has been deactivated may file with the Election
Officer a sworn application for reactivation of his registration in the form of an affidavit
stating that the grounds for the deactivation no longer exist.
Period: Any time not later than 120 days before a regular election and 90 days before a
special election. [Sec. 28, R.A. 8189]
8. REGISTRATION OF POLITICAL PARTIES
Political Party: An organized group of citizens advocating an ideology or platform,
principles and policies for the general conduct of government and which, as the most
immediate means of securing their adoption, regularly nominates certain of its leaders
and members as candidates for public office. [Sec. 60, BP 881 and Sec. 3(c) of RA
7941]
Types of Political Parties in the Philippines
(1) National Party - constituency is spread over the geographical territory of at least
a majority of the regions.
(2) Regional Party - constituency is spread over the geographical territory of at least
a majority of the cities and provinces comprising the region.
(3) Sectoral party – organized group of citizens belonging to any of the following
sectors: labor, peasant, fisherfolk, urban poor, indigenous cultural communities,
elderly, handicapped, women, youth, veterans, overseas workers and professionals
whose principal advocacy pertains to the special interests and concerns of their sector.
(Ang Paglaum v. COMELEC, 201 )
Entities which cannot be registered as Political Parties
(1) Religious denominations and sects
(2) Groups which seek to achieve their goals through violence or unlawful means
(3) Entities which refuse to uphold and adhere to the Constitution
(4) Associations supported by foreign governments [Art. IX-C, Sec. 2 (5),
Constitution]

Purpose of Registration
(1) To acquire juridical personality
(2) To entitle it to rights and privileges granted to political parties
(3) To participate in the party-list system

Grounds for Refusal/Cancellation of Registration

The COMELEC may, motu propio or upon verified complaint of any interested party,
refuse or cancel, after due notice and hearing, the registration of any national, regional
or sectoral party, organization or coalition on any of the following grounds:
(1) Religious sect or denomination, organization or association, organized for
religious purposes
(2) Those advocating violence or unlawful means to seek its goal
(3) Foreign party or organization
(4) Those receiving support from any foreign government, foreign political party,
foundation, organization, whether directly or through any of its officers or members
or indirectly through third parties for partisan election purposes

13 | P a g e
 (5) Those which violate or fail to comply with laws, rules or regulations relating to
elections
(6) Those which declare untruthful statements in its petition
(7) Those which ceased to exist for at least one (1) year
(8) Those which fail to participate in the last two (2) preceding elections or
(9) Those which fails to obtain at least 2% of the votes cast under the party-list system
in the two (2) preceding elections for the constituency in which it has registered [Sec.
6, R.A. 7941]
Party-List System
Definitions: Sectoral organization: group of citizens or a coalition of groups of
citizens who share similar physical attributes or characteristics, employment, interests
or concerns.
Coalition: an aggrupation of duly registered national, regional, sectoral parties or
organizations for political and/or election purposes. [Sec. 3, R.A. 7941, Party-List
System Act]

Any organized group of persons may register as a party, organization or coalition for
purposes of the party-list system.

Purpose: To enable Filipino citizens belonging to marginalized and underrepresented

sectors, organizations and parties, and who lack well-defined political constituencies
but who could contribute to the formulation and enactment of appropriate legislation
that will benefit the nation as a whole, to become members of the House of
Representatives. [Sec. 2, R.A. 7941]
Nomination of party-list representatives: Each registered party, organization or
coalition shall submit to the COMELEC not later than 45 days before the election a
list of names, not less than five (5), from which party-list representatives shall be
chosen in case it obtains the required number of votes. National and local political
parties may participate in the party list system provided they do not field any
candidates in the congressional legislative districts.
A member of a party list may be nominated: in one party list only; must give
consent in writing; must not be a candidate for any elective office; or has not lost his
bid for an elective office in the immediately preceding election
No change of names or alteration shall be allowed after the same shall have been
submitted to the COMELEC except when:
(1) The nominee dies;
(2) The nominee withdraws his nomination; or
(3) The nominee becomes incapacitated.
Names of party-list nominees shall not be shown on the certified list [Sec. 7, RA
7941]
Effect of Change of Party List Affiliation: Any elected party-list representative who
changes his political party or sectoral affiliation during his term of office shall forfeit
his seat within six (6) months before an election shall not be eligible for nomination
as party-list representative under his new party or organization [Sec. 15, R.A. 7941]
Seat Allocation: The combined number of all party-list congressmen shall not
exceed 20% of the total membership of the House of Representatives, including those

14 | P a g e
 elected under the party-list. Only those parties garnering a minimum of 2% of the
total votes cast for the party-list system shall be entitled to one guaranteed seat each.
Each party, regardless of the number of votes it actually obtained, is entitled to a
maximum of three (3) seats. (Banat v. COMELEC, G. R. No. 179271, July 8. 2009)
Certified List of Registered Parties
COMELEC shall prepare not later than 60 days before election a certified list of
national, regional, or sectoral parties, organizations or coalitions which have applied
or who have manifested their desire to participate under the party-list system.
9. QUALIFICATIONS AND DISQUALIFICATIONS OF CANDIDATES / TERM
OF OFFICE
National Elective Officials
President (Secs. 2 and 4, Art. VII, 1987 Constitution)
Qualifications: “Sec. 2 – No person may be elected President unless he is a natural –
born citizen of the Philippines, a registered voter, able to read and write, at least forty
years of age on the day of the election, and a resident of the Philippines for at least ten
years immediately preceding such election.”
Term of Office: “Sec. 4 – The President and the Vice-President shall be elected by direct
vote of the people for a term of six years which shall begin at noon on the thirtieth day of
June next following the day of the election and shall end at noon of the same date six
years thereafter. The President shall not be eligible for any reelection. No person who
has succeeded as President and has served as such for more than four years shall be
qualified for election to the same office at any time.”
Vice- President (Secs. 3 and 4, Art. VII, 1987 Constitution)
Qualifications: Article VII, Section 3 – “There shall be a Vice-President who shall have
the same qualifications and term of office and be elected with and in the same manner as
the President. He may be removed from office in the same manner as the President.’
Term of Office: Article VII, Section 4 (2nd paragraph) – “No Vice-President shall serve
for more than two (2) successive terms. Voluntary renunciation of the office for any
length shall not be considered as an interruption in the continuity of the service for the
full term for which he was elected.”
Senator (Secs. 3 and 4, Art. VI, 1987 Constitution)
Qualifications: Article VI, Section 3 – “No person shall be a Senator unless he is a
natural-born citizen of the Philippines, and, on the day of the election, is at least thirty-
five years (35) of age, able to read and write, a registered voter, and a resident of the
Philippines for not less than two years immediately preceding the day of the election.”
Term of Office: Article VI, Section 4 – “The term of office of the Senators shall be six
years and shall commence, unless otherwise provided by law, at noon on the thirtieth day
of June next following their election.
No Senator shall serve for more than two (2) consecutive terms. Voluntary renunciation
of the office for any length of time shall not be considered as an interruption in the
continuity of his service for the full term for which he was elected.’
Congressional Representatives (Sections 6 and 7, Art. VI, 1987 Constitution)
Qualifications: Article VI, Section 6 – “No person shall be a Member of the House of
Representatives unless he is a natural-born citizen of the Philippines, and, on the day of

15 | P a g e
 the election, is at least twenty-five (25) years of age, able to read and write, and except
the party-list representatives, a registered voter in the district in which he shall be elected,
and a resident thereof for a period of not less than one year immediately preceding the
day of the election. “
Term of Office: Article VI, Section 7 – ‘The Members of the House of Representatives
shall be elected for a term of three (3) years which shall begin, unless otherwise provided
by law, at noon on the thirtieth day of June next following their election.
No Member of the House of Representatives shall serve for more than three (3)
consecutive terms. Voluntary renunciation of the office for any length of time shall not
be considered as an interruption in the continuity of his service for the full term for which
he was elected.”

Qualifications of Party List Representatives

(1) Natural-born citizen of the Philippines
(2) Registered voter
(3) Resident of the Philippines for a period of not less than 1 year immediately preceding
the day of the election
(4) Able to read and write
(5) Bona fide member of the party or organization which he seeks to represent for at least
90 days preceding the day of the election
(6) At least 25 years old on the day of the election

Local Elective Officials

Qualifications (Sec. 39, R.A. 7160)
“Sec. 39 – Qualifications. (a) An elective local official must be a citizen of the
Philippines; a registered voter in the barangay, municipality, city, province or, in the case
of a member of the sangguniang panlalawigan, sanggunian panlungsod, or sangguniang
bayan, the district where he intends to be elected; a resident therein for at least one (1)
year immediately preceding the day of the election; and able to read and write Filipino
or any other local language or dialect; and able to read and write Filipino or any other
local language or dialect.
(b) Candidates for the position of mayor or vice-mayor of independent component cities,
component cities or municipalities must be at least twenty-one (21) years of age on
election day. (emphasis supplied)
Disqualifications (Sec. 40, R.A. 7160)
“Sec. 40 – Disqualifications. – The following persons are disqualified from running for
any elective local position:
 Those sentenced by final judgment for an offense involving moral
turpitude or for an offense involving moral turpitude or for an offense
punishable by one (1) year or more of imprisonment within two (2) years
after serving sentence;
 Those removed from office as a result of an administrative case;
 Those convicted by final judgment for violating the oath of allegiance to
the Republic;
 Those with dual citizenship;
 Fugitives from justice in criminal or non-political cases here or abroad;

16 | P a g e
  Permanent residents in a foreign country or those who have acquired the
right to reside abroad and continue to avail of the same right after the
effectivity of this Code; and
 The insane or feeble-minded “
10. ELECTION PERIOD: Unless otherwise fixed by the COMELEC in special cases,
the election period shall commence 90 days before the day of election and shall end
30 days thereafter. (Sec. 9, Article IX-C, Constitution)
11. PRE-ELECTION ACTIVITIES/CONTROVERSIES
Certificate of Candidacy (“CoC”)
 As to FORM
 Contents of the CoC
 Name/s
 Citizenship
 Residence and Length of Stay
 Registered Voter of the Place
 Other Items
 WHEN to file the CoC Deadline/s:
 Under OEC: Day before the start of the campaign period
 National – 90 days before election
 Local/Congressional – 45 days before elections
Under RA 9369/Automated Election System: Deadline fixed by
COMELEC
Effects of Filing:
 One becomes an official and legitimate CANDIDATE
- When PUBLIC Elected or appointed OFFICIAL files his CoC
 Under OEC, Section 67: Whether Elected or Appointed – ipso facto
resigned – except an elected official runs for same office/reelection or
runs for President or Vice President.
[b] Under RA 8436: Elected Officials are considered RESIGNED not
from filing but only from start of period. No provision on appointed
officials – hence, still considered resigned upon filing of CoC under OEC.

[c] Under RA 9006: General repeal of Section 67 of the OEC & Section 11
rendered ineffective. Hence, there is NO more ipso facto resignation for
all elected officials.
[d] Under RA 9369 - Section 11 of Republic Act No. 8436 as amended by
RA 9359: “A public appointive office …shall be considered ipso facto
resigned from his/her office and must vacate the same at the start of the
day of the filing of his/her certification of candidacy.”
Disqualification
 GROUNDS for Disqualification
First: Ineligibility – lack of mandated qualification
Second: Prohibited Acts before [premature convention/meeting to
nominate/select official candidates] and/or AFTER the Filing
of CoC and before or after the Election BUT before
proclamation [Section 68 of OEC i.e. vote buying, terrorism
illegal contribution; Sec. 261 d, e, k & v, etc.]
Third: Under Section 12 of OEC – Incompetent/insane

17 | P a g e
 Fourth: Under Section 40 of Local Government Code – for local
officials
OTHERs: Green Card holder
Conviction
Deny-due course/cancel COC
Under Section 78 of OEC & Section 23 of COMELEC RULES: Rule 23: Sec.
1. Exclusive Ground – FALSE material representation in CoC.
Section 2. Period to File – within five (5) days from last day for filing of CoC
Nuisance
Section 76, OEC and Rule 24, COMELEC RULES:
Classify:
 Makes Mockery/Disrepute
 Similarity of NAMES
 Not being BONAFIDE candidate
WHO can file: Candidate for the same elective position.
WHEN to file: within five (5) days from deadline/last day of filing
CoC.
Substitution of Candidates
Only in three (3) instances:
 Death
 Disqualification
 Withdrawal
Premature Campaigning
 Old Rule under OEC:
Once one files – becomes a CANDIDATE, and he can no longer campaign
until the start of campaign period – otherwise PREMATURE campaigning.
Simple RULE: NO CoC filed, NOT yet a candidate – NO premature
campaigning
 Under RA 9369: “Any person who files his certificate of candidacy within this
period shall only be considered as a candidate at the start of the campaign
period for which he filed his certificate of candidacy: Provided, that, unlawful
acts or omissions applicable to a candidate shall take effect only upon that
start of the aforesaid campaign period.” [Panera v. COMELEC (2009)]

Prohibited campaigning days: It is unlawful for any person to engage in an election

campaign or partisan political activity on:
(1) Maundy Thursday
(2) Good Friday
(3) Eve of Election Day and
(4) Election Day [Sec. 3, COMELEC Resolution 8758]
Election campaign or partisan political activity: An act designed to promote the
election or defeat of a particular candidate or candidates to a public office. [Sec. 79,
B.P. 881]
Activities construed as partisan political activity:
(1) Forming organizations or groups of persons
(2) Holding political caucuses, meetings, rallies or other similar assemblies
(3) Making speeches or commentaries

18 | P a g e
 (4) Publishing or distributing campaign literature or materials for the purpose of
soliciting votes and/or undertaking any campaign or propaganda to support or oppose
the election of any candidate.
Acts which are deemed excluded:
(1) Acts performed for the purpose of enhancing the chances of aspirants for nomination for
candidacy to a public office by a political party, aggroupment, or coalition of parties.
(2) Public expressions of opinions or discussions of probable issues in a forthcoming election
or on attributes or criticisms of probable candidates proposed to be nominated in a
forthcoming political party convention. [Sec. 79, B.P. 881]
Persons Prohibited from Campaigning:
(1) Members of the board of election inspections [Sec. 173, B.P. 881]
(2) Civil service officers or employees [Art. IX-B, Sec. 2 (4), Const.]
(3) Members of the military [Art. XVI, Sec. 5 (3), Const.]
(4) Foreigners, whether juridical or natural persons.
Campaign Period: For President, Vice-President and Senators: 90 days before the day of
the election.
For Members of the House of Representatives and elective provincial, city and
municipal officials: 45 days before the day of the election. [Sec. 5, R.A. 7166]

12. FAILURE OF ELECTIONS

What Constitutes an Election: Plurality of votes sufficient for:
(1) A choice conditioned on the plurality of valid votes or
(2) A valid constituency regardless of the actual number of votes cast.
Grounds to Declare Failure of Elections: (1) Election in any polling place has not been
held on the date fixed due to force majeure, violence, terrorism, fraud, or other analogous
causes.
(2) Election in any polling place had been suspended before the hour fixed for the closing
of the voting due to force majeure, violence, terrorism, fraud, or other analogous causes.
(3) 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 due to force
majeure, violence, terrorism, fraud or other analogous causes. [Sec. 6, B.P. 881]
COMELEC, sitting en banc, may declare a failure of election by a majority vote of its
members

13. ELECTION PROTEST

Canvass of Votes
Canvass - the process by which the results in the election returns are tallied.
Certificates of canvass - official tabulations of votes accomplished by district, municipal,
city and provincial canvassers based on the election returns, which are the results of the
ballot count at the precinct level.
The BOC shall canvass the votes by consolidating the electronically transmitted
results or the results contained in the data storage devices used in the printing of the
election returns. [Sec. 20, R.A. 9369]
Board of Canvassers (“BOC”)
For Local Candidates including Congressional District Representatives: District or
provincial BOC or the city BOC;
For Senators and Party-List Representatives: COMELEC sitting as the National BOC;
and
For the President and Vice President: Congress as the National BOC

19 | P a g e
Proclamation: Proclamation shall be done after the canvass of election returns. In the
absence of a perfected appeal to the COMELEC, the candidates who obtained the highest
number of votes cast in the province, city, municipality or barangay, on the basis of the
certificates of canvass, may be proclaimed by the concerned BOC.
Partial Proclamation: Notwithstanding pendency of any pre-proclamation controversy,
COMELEC may summarily order proclamation of other winning candidates whose election
will not be affected by the outcome of the controversy. [Sec. 21, R.A. 7166]

A proclamation is deemed void:

(1) When it is based on incomplete returns [Castromayor v. Comelec (1995)] or
(2) When there is yet no complete canvass. [Jamil v. Comelec (1997)]
(3) A void proclamation is no proclamation at all, and the proclaimed candidate’s assumption
into office cannot deprive the COMELEC of its power to annul the proclamation.

Election resulting in a Tie: BOC, by resolution, upon five (5) day- notice to all tied
candidates, shall hold a special public meeting at which the board shall proceed to the
drawing of lots of tied candidates and shall proclaim as elected the candidates who may be
favored by luck. [Sec. 240, B.P. 881]
Proclamation of a Lone Candidate: Upon the expiration of the deadline for the filing of
Certificates of Candidacy in a Special Election Called To Fill A Vacancy in an elective
position other than for President and Vice President, when there is only one (1) qualified
candidate, he shall be proclaimed elected without holding the special election upon
certification by the COMELEC that it is the only candidate for the office and is therefore
deemed elected. [Sec. 2, R.A. 8295, Law on Proclamation of Solo Candidates]
Election Protest: a contest between the defeated and winning candidates on the ground of
fraud or irregularities in the casting of votes and counting of the ballots, or in the preparation
of the returns. It raises the question of who actually obtained the plurality of the legal votes
and therefore is entitled to hold the office.
An election contest consists of either:
(1) An election protest; or
(2) A quo warranto proceeding
Case:
Samad v. COMELEC, (1993): Once the competent tribunal has acquired jurisdiction of an
election protest or a petition for quo warranto, all questions relative thereto will have to be
decided in the case itself and not in another proceeding. This procedure will prevent
confusion and conflict of authority. Conformably, the Court has ruled in a number of cases
that after a proclamation has been made, a pre-proclamation case before the COMELEC is no
longer viable.
Exceptions: The rule admits of exceptions, however, as where:
(1) The Board of Canvassers was improperly constituted;
(2) A quo warranto proceeding was not the proper remedy;
(3) When what was filed was not really a petition for quo warranto or an election protest but a
petition to annul a proclamation;
(4) When the filing of a quo warranto petition or an election protest was expressly made
without prejudice to the pre-proclamation controversy or was made ad cautelam; and
(5) When the proclamation was null and void. [Samad v. Comelec, (1993)]
Jurisdiction over Election Contests
20 | P a g e
(1) COMELEC – over all contests relating to the elections, returns and qualifications of all
elective regional, provincial and city officials [Sec. 250. BP 881]
(2) RTC - over contests involving municipal officials [Sec. 251. BP 881]
(3) MeTC or MTC – over election contests involving barangay officials [Sec. 252. BP 881]
(4) HRET – over election contests involving members of the House of Representatives
(5) SET – over election contests involving members of the Senate
(6) PET – over election contests involving presidential and vice-presidential candidates

Issues in Election Cases

Only the following issues may be raised in all election cases: Election, Returns and
Qualifications

14. ELECTION OFFENSES

Prohibited Contributions: No candidate shall receive contributions from:
(1) Public or private financial institutions. Unless:
(a) The financial institutions are legally in the business of lending money;
(b) The loan is made in accordance with laws and regulations; and
(c) The loan is made in the ordinary course of business.
(2) Natural and juridical persons operating a public utility or in possession of or
exploiting any natural resources of the nation.
(3) Natural and juridical persons who hold contracts or sub-contracts to supply the
government or any of its divisions, subdivisions or instrumentalities, with goods or
services or to perform construction or other works.
(4) Grantees of franchises, incentives, exemptions, allocations or similar privileges or
concessions by the government or any of its divisions, subdivisions or
instrumentalities, including GOCCs.
(5) Grantees, within one (1) year prior to the date of the election, of loans or other
accommodations in excess of P100,000 by the government or any of its divisions,
subdivisions or instrumentalities including GOCCs.
(6) Educational institutions which have received grants of public funds amounting to
no less than P100,000.
(7) Officials or employees in the Civil Service, or members of the Armed Forces of
the Philippines.
(8) Foreigners and foreign corporations, including foreign governments. [Sec. 95 and
96, B.P. 881]

Prohibited Fund-Raising Activities: The following are prohibited if held for raising
campaign funds or for the support of any candidate from the start of the election
period up to and including election day:
(1) Dances
(2) Lotteries
(3) Cockfights
(4) Games
(5) Boxing bouts
(6) Bingo
(7) Beauty contests
(8) Entertainments, or cinematographic, theatrical or other performances
Prohibited Donations: For any person or organization, civic or religious, directly or
indirectly, to solicit and/or accept from any candidate or from his campaign manager, agent
or representative, or any person acting in their behalf, any gift, food, transportation,

21 | P a g e
contribution or donation in cash or in kind from the start of the election period up to and
including election day
Except: Normal and customary religious stipends, tithes, or collections on Sundays and/or
other designated collection days [Sec. 97, B.P. 881]
Requisites of a Prohibited Donation
Who: By candidate, spouse, relative within 2nd civil degree of consanguinity or affinity,
campaign manager, agent or representative; treasurers, agents or representatives of political
party
When: During campaign period, day before and day of the election
Directly or indirectly:
(1) Donation, contribution or gift in cash or in kind; or
(2) Undertake or contribute to the construction or repair of roads, bridges, school buses,
puericulture (health) centers, medical clinics and hospitals, churches or chapels cement
pavements, or any structure for public use or for the use of any religious or civic
organization.
Exceptions:
(1) Normal and customary religious dues or contributions; or
(2) Periodic payments for legitimate scholarships established and school contributions
habitually made before the prohibited period.
A foreigner is prohibited to:
(1) Aid any candidate or political party, directly or indirectly;
(2) Take part or influence in any manner in any election; or
(3) Contribute or make any expenditure in connection with any election campaign or partisan
political activity. [Sec. 81, B.P. 881]
A person during the campaign period to:
(1) Remove, destroy, obliterate or in any manner deface or tamper with lawful election
propaganda; or
(2) prevent the distribution of lawful election propaganda [Sec. 83, B.P.881]
For any candidate, political party, organization or any person to:
(1) Give or accept, directly or indirectly, free of charge, transportation, food or drinks or
things of value during the five hours before and after a public meeting, on the day preceding
the election, and on the day of the election;
(2) Give or contribute, directly or indirectly, money or things of value for such purpose
(Sec. 89, B.P. 881)
Limitations on Expenses
For Candidates affiliated with Political Parties/Coalition
(1) President and Vice President: P10 for every voter currently registered
(2) Other candidates: P3 for every voter currently registered in the constituency where he
filed his certificate of candidacy
For candidates without a political party: P5 for every voter
For Political Parties: P5 for every voter currently registered in the constituency or
constituencies where it has official candidates [Sec. 13, R.A. 7166, An Act Providing for
Synchronized National and Local Elections and Electoral Reforms]
Statement of Contributions and Expenses: Every candidate and treasurer of the political
party shall file in duplicate with the COMELEC the full, true and itemized statement of all
contributions and expenditures in connection with the election within 30 days after the day of
the election
Effect of Failure to File Statement: No person elected to any public office shall enter upon
the duties of his office until he has filed the statement of contributions and expenditures. The

22 | P a g e
same prohibition shall apply if the political party which nominated the winning candidate
fails to file the statements

Cases:
1. Kabataan Party-List v. Commission on Elections, – SCRA – (G.R. No.
221318, 16 December 2015)
2. Magdalo Para sa Pagbabago v. Commission on Elections, 673 SCRA 651
(2012)
3. Jalosjos v. Commission on Elections, 670 SCRA 572 (2012)
4. Jalosjos v. Commission on Elections, 698 SCRA 742 (2013)
5. Miranda v. Abaya, 311 SCRA 617 (1999)
6. Caballero v. Commission on Elections, – SCRA – (G.R. No. (G.R. No.
209835, 22 September 2015)
7. Goh v. Bayron, 742 SCRA 303 (2014)

L. LOCAL GOVERNMENTS

1. Limbona v. Mangelin, 170 SCRA 786 (1989)

2. City of Lapu-Lapu v. Philippine Economic Zone Authority, 742 SCRA 524
(2014)
3. Mactan-Cebu International Airport Authority (MCIAA) v. City of Lapu-Lapu,
757 SCRA 323 (2015)
4. Boracay Foundation, Inc. v. Province of Aklan, 674 SCRA 555 (2012)
5. Social Justice Society v. Atienza, Jr., 517 SCRA 657 (2007) and 545 SCRA
92 (2008)
6. Social Justice Society v. Lim, 742 SCRA 1 (2014) and 752 SCRA 215 (2015)
7. Alvarez v. Guingona, Jr., 252 SCRA 695 (1996)
8. Umali v. Commission on Elections, 723 SCRA 170 (2014)
9. Navarro v. Ermita, 612 SCRA 131 (2010) and 648 SCRA 400 (2011)
10. Vicencio v. Villar, 675 SCRA 468 (2012)
11. Gamboa, Jr. v. Aguirre, Jr., 310 SCRA 867 (1999)
12. Carpio Morales v. Court of Appeals (Sixth Division), – SCRA – (G.R. Nos.
217126-27, 10 November 2015)
13. Cordillera Broad Coalition v. Commission on Audit, 181 SCRA 495 (1990)
14. Kida v. Senate of the Philippines, 659 SCRA 270 (2011) and 667 SCRA 200
(2012)
15. Borja, Jr. v. Commission on Elections, 295 SCRA 157 (1998)
16. Aldovino, Jr. v. Commission on Elections, 609 SCRA 234 (2009)
17. Abundo v. Commission on Elections, 688 SCRA 149 (2013)

M. NATIONAL ECONOMY AND PATRIMONY

1. Muller v. Muller, 500 SCRA 65 (2006)

2. Hulst v. PR Builders, Inc., 532 SCRA 74 (2007) NNN 566 SCRA 333
(2008)
3. Gamboa v. Teves, 652 SCRA 690 (2011) and Heirs of Wilson P. Gamboa v.
Teves, 682 SCRA 397 (2012)
4. Initiatives for Dialogue and Empowerment Through Alternative Legal
Services, Inc. (IDEALS, Inc.) v. Power Sector Assets and Liabilities
Management Corporation (PSALM), 682 SCRA 602 (2012)

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5. Narra Nickel Mining and Development Corporation v. Redmont
Consolidated Mines Corporation, 722 SCRA 382 (2014) and 748 SCRA
455 (2015)
6. Resident Marine Mammals of the Protected Seascape Tañon Strait v. Reyes,
756 SCRA 513 (2015)
7. Manila International Airport Authority v. Court of Appeals, 495 SCRA 591
(2006)
8. Liban v. Gordon, 639 SCRA 709 (2011)
9. Boy Scouts of the Philippines v. Commission on Audit, 651 SCRA 146 (2011)
N. EDUCATION, SCIENCE, TECHNOLOGY, ARTS, CULTURE AND SPORTS
1. University of San Agustin, Inc. v. Court of Appeals, 230 SCRA 761 (1994)
2. University of the Philippines Board of Regents v. Court of Appeals, 313
SCRA 404 (1999)
3. Leus v. St. Scholastica’s College Westgrove, 748 SCRA 378 (2015)
4. Cudia v. Superintendent of the Philippine Military Academy, 751 SCRA 469
(2015)

O. PUBLIC INTERNATIONAL LAW

1. Magallona v. Ermita, 655 SCRA 476 (2011)
2. Vinuya v. Romulo, 619 SCRA 533 (2010) and 732 SCRA 595-622 (2014)
3. Pimentel, Jr. v. Office of the Executive Secretary, 462 SCRA 622 (2005)
4. Secretary of Justice v. Lantion, 343 SCRA 377 (2000)
5. Province of North Cotabato v. Government of the Republic of the Philippines
Peace Panel on Ancestral Domain (GRP), 568 SCRA 402 (2008)
6. Tañada v. Angara, 272 SCRA 18 (1997)
7. Liang v. People, 323 SCRA 692 (2000) and 355 SCRA 125 (2001) {See
Justice Puno’s Concurrence}
8. Arigo v. Swift, 735 SCRA 102 (2014)

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