SCHOOL OF LAW

COURSE SYLLABUS
Course Title:

Law
on
Public
Corporations/
Local Government
Law and Election
Law
No. of Units:
2
Semester/ SY:
2nd, 2015 - 2016
Department/Tr Political
and
ack:
Constitutional Law
Pre-requisites: None
I.

Instructors:

Alberto C. Agra
Sarah Arriola

COURSE DESCRIPTION AND OBJECTIVES

Course Description
The 2-unit course on Law on Public Corporations/ Local Government
Law and Election Law is an integral component of Political and
Constitutional Law. Law on Public Corporations with specific focus
on Local Government Law (first topic) deals with the various types of
public corporations, the manner by which they are created, their
nature, powers, authorities, structure, sources of revenues, and
accountability mechanisms. Election Law (second topic) covers
relevant laws and resolutions on the electorate, elective officials,
qualification and disqualification of candidates, activities prior to
and after election day, and election-related dispute resolution.
Learning Outcomes
Upon completion of this course, students will be able to:
1. Have a comprehensive understanding of the Law on Public
Corporations/ Local Government Law and Election Law; and
2. Integrate the knowledge acquired in this course with
Administrative Law and Law on Public Officers in particular, and
Political and Constitutional Law in general.
Methodology
Page 1 of 7

To achieve the learning outcomes, three methodologies will be

employed:
1. Recitation using the Socratic method. The course will employ
recitation as the primary method of instruction, to develop the
students power of analysis, reasoning, and facility of expression.
The students will be answering a series of questions, based on
assigned legal provisions, court decisions and other readings, to
stimulate critical thinking and enhance their communication and
argumentation skills;
2. Lecture. At the end of each topic, prior to the examinations, there
will be an integration lecture that will synthesize, summarize and
highlight key learning concepts; and
3. Examinations. Two examinations will be given, one for each topic.
The examinations for the first and second topics will coincide the
schedule of the mid-term and final examinations, respectively.
Departmental examinations will be administered beginning AY
2016 2017.
II.

COURSE OUTLINE

The semester shall be divided into two, i.e. the first part/ topic on
Law on Public Corporations/ Local Government Law and the second
part/ topic on Election Law. The first part shall be completed in time
for the mid-term examinations, while the second part shall be
covered after mid-terms and before the finals.
First Part: Law on Public Corporations/ Local Government Law
Sessi Topic
on
1
A. Public Corporations in General
(1) Definitions of Public Corporations, Government-Owned
and
Controlled
Corporations,
Government
Instrumentalities, Government Financial Institutions, QuasiCorporations,
Quasi-Public
Corporations,
Municipal
Corporation Proper and Quasi-Municipal Corporations
(2) Public Corporations: Types, Creation, Elements,
Mandates, Nature and Relationships
2
B. Local Government Units (LGUs)

Sessi Topic
on
(1) Nature
(2) Types
(3) Creation
(4) 2-Fold Capacity and Dual Agency
(5) Corporate Succession
3
C. Local Autonomy
(1) Concept, Definition and Grant
(2) Unitary, not Federal, Form
(3) Devolution and Deconcentration
4
D. Relationships
(1) Executive Supervision over LGUs
(2) Legislative Control over LGUs
5
E. Powers of LGUs
(1) Nature, Grant, Delegation and Interpretation
(2) Police Power
6
(3) Eminent Domain
(4) Reclassification of Land
7
(5) Local Legislation
(6) Other Governmental and Corporate Powers
8
F. Fiscal Autonomy
(1) Definition
(2) Sources of Funds
(3) Internal Revenue Allotment
9
(4) Share in National Wealth Proceeds
(5) Power of Taxation
10
G. Local Government Officials and Structure
(1) Legislative Control over Structure
(2) Qualifications of Local Elective Officials
(3) Term of Office
11
(4) Powers of Local Officials
(5) Power to Appoint
(6) Ban on Holding Dual Positions
(7) Vacancies
12
H. Accountability of LGUs and Local Officials
(1) Suability and Liability
(2) Liability of Local Government Units
(3) Liability of Local Officials
13
(4) Administrative Proceedings
(5) Penalties
(6) Preventive Suspension
(7) Effect of Re-Election

Sessi Topic
on
14
I. Peoples Participation/ Democratization
(1) Essence and Nature
(2) Venues: Prior Mandatory Consultation, Initiative and
Referendum, Local Special Bodies, Partnerships and
Assistance, Recall, and Sectoral Representatives
Second Part: Election Law
Sessi Topic
on
1
A. Commission on Elections (COMELEC): Creation,
Composition and Powers
2
B. Electorate
(1) Nature of Right of Suffrage
(2) Qualifications and Disqualifications
(3) Registration
(4) Dispute Resolution
3
C. Elective Officials
(1) List of National and Local Elective Officials
(2) Qualifications
(3) Party-List System
4
D. Candidates
(1) Definition of a Candidate
(2) Substitution
(3) Disqualifications
3.1 Lack of Qualifications
5
3.2 Nuisance Candidate
3.3 Material Misrepresentation
3.4 Commission of an Election Offense
6
E. Electoral Campaign
(1) Definition
(2) Campaign Dos and Donts
(3) Contributions and Expenditures
7
F. Elections
(1) Postponement of Elections
(2) Failure of Elections
8
G. Automated Election System (AES)
Demonstration of AES by COMELEC
9
H. Electoral Process
(1) Board of Election Inspectors and Board of Canvassers
(2) Casting and Counting

Sessi Topic
on
(3) Canvassing and Proclamation
10
I. Election Dispute Resolution
(1) Electoral Tribunals: Jurisdictions of Presidential, Senate
and House of Representatives Electoral Tribunals,
COMELEC and Regular Courts
11
(2) Challenges on Election Day
(3) Pre-Proclamation Controversies
(4) Annulment of Proclamation
12
(5) Election Protests
(6) Quo Warranto
13
J. Election Offenses
The professor reserves the option of amending the reading list and
assignments as exigencies warrant.
For 2nd semester, AY 2015 2016, the sequence will be reversed, i.e.,
Election Law shall be the first part/ topic while Public Corporations/
Local Government Law shall be the second part/ topic.
III.

REFERENCES AND OTHER MATERIALS

First Part: Law on Public Corporations/ Local Government Law

Topical
Refere
nce
1

Required Readings/Assignments
Constitution:
Section 16, Article XII
Statutes:
1. GOCC Governance Act of 2011 (RA No. 10149)
2. Section 2, 1987 Administrative Code
Case Law:
1. Manila International Airport Authority: MIAA vs. CA,
G.R. No. 155650, July 20, 2006
2. Manila Economic and Cultural Office: Funa vs. MECO,
G.R. No. 193462, February 4, 2014
3. Boy Scouts of the Philippines: Boy Scouts of the

Philippines vs. Commission on Audit, G.R. No. 177131,

June 7, 2011
4. Veterans Federation of the Philippines: Veterans
Federation of the Philippines vs. Reyes, G. R. No.
155027, February 28, 2006
5. Philippine Fisheries Development Authority: Philippine
Fisheries Development Authority vs. Central Board of
Assessment Appeals, G.R. No. 178030, December 15,
2010
6. Leyte Metropolitan Water District: FELICIANO VS.
COMMISSION ON AUDIT, G.R. No. 147402, January 14,
2004
7. Cities: League of Cities of the Philippines v. Commission
on Elections, G.R. Nos. 176951, 177499 and 178056,
April 12, 2011

2 - 14

Commentary:
1. Chapters 1 and 2, Public Corporations, Ruperto G.
Martin, 1985
Reference to relevant provisions of the 1987 Constitution,
1991 Local Government Code, other statutes, case law,
and commentaries are mentioned in the Reviewer on Local
Government Law of Alberto C. Agra. Students should also
pay attention to currents events affecting LGUs.

Second Part: Election Law

Topical
Refere
nce
1 13

Required Readings/Assignments
Reference to relevant provisions of the 1987 Constitution,
election laws, case law, and commentaries are mentioned
in the Election Law Reviewer of Alberto C. Agra.
Appropriate resolutions of the COMELEC will likewise be
assigned. Students should also pay attention to currents
events affecting elections.

The professor reserves the option of amending the reading list and
assignments and providing references as exigencies warrant.
IV.

COURSE REQUIREMENTS AND GRADING SYSTEM

Course
Requirem
ents
Recitation
Mid-Terms

Grade
Breakdown

Description

40%
30%

Conducted daily
Long Test on Public Corporations/ Local
Government Law
Long Test on Election Law

Finals
Total

30%
100%

For 2nd semester, AY 2015 2016, the sequence will be reversed, i.e.,
Election Law shall be the coverage of the mid-terms while Public
Corporations/ Local Government Law shall be the scope of the finals.
V.

COURSE POLICIES

Please see the Rules and Regulations on attendance, dress code,

discipline, J.D. scholastic responsibility, and plagiarism in the ALS
Catalogue. Additional policies shall be announced at the start of
classes.
VI.

CONTACT AND OTHER INFORMATION

Contact Details
Alberto C. Agra
(0917)5353823
alberto.c.agra@gmail.com
Sarah Arriola
(0917)5709220
slyarriola@gmail.com
Consultation Hours
Before and after classes, Faculty Lounge