EH 402 - ADMIN LAW RECITS (Feb.

16, 2019)
ELECTION PERIOD - 2 hours
1. What do you understand by election period?
2. How many days? Is that mandatory?
3. Why is there "30 days thereafter?"
4. Which is longer? election period or campaign period?
5. What about registration of voters? Can we conduct them during the election
period?
- No. That is why there is a deadline.
- you cannot petition the comelec to extend voter's registration into the
election period
6. What do you call the acts that are prohibited during election period? - election
offenses
7. What is vote buying and vote selling?
8. What is the consideration? money or in kind; can be a promise
9. Sample ballot stapled with a bill. Is it vote buying? - No; not conclusive
evidence
10. What makes it an election offense then? What is the specific act that makes it
an election offense?
- money must change hands; ihatag or dawaton.
11. Who will be liable? both vote buyer and vote seller
12. Is the rule absolute? No
13. Sitution: I'll buy Ms. Kinazo for 2,000. Pero ni-decline si Kinazo because she
is principled. Am I liable since Kinazo refused? - YES. mere attempt is punishable
14. Does not the law somehow motivate either the vote buyer or vote seller to come
forward?
- law will provide immunity to those who will come forward
15. Appointment of new employees? When is it prohibited? Is it absolute?
- there are exceptions (2)
16. Why prohibited during the 45-day period before the election?
- We want to avoid vote buying in the guise of appointment
17. ONG V. MARTINEZ
18. What's the reason why the Civil Service Law not applicable?
19. If you are appointed, does it need the approve of the Civil Service?
20. Are you familiar that Mayors, Vice Mayors employ their staff? Their employment
is for 6 months renewable. What if their renewal falls under the date of
prohibition? Job order employees, casual employees under the office of the Mayor.
- they can be renewed because the prohibition is the appointment of new
employees.
21. Do job order employees have an employer-employee relationship with the
government? NO; but they are paid with government funds. Technically, not
government employees but they do government tasks.
22. Aside from the prohibition against appointment, what else? Promotions
23. Promotion? Is that absolute? Exception?
- BAN IS ABSOLUTE; COMELEC NOT ALLOWED BY LAW TO GRANT EXEMPTION
24. Take note na ang gna-contemplate sa law are the appointments that need to be
approved by the Civil Service Commissions
25. PEOPLE V REYES
26. Define transfer??? Is the prohibition absolute?
- also includes transfer incidental to promotion
- prohibition period??? 90 days prior to the day of election.
27. What are the agencies that possess continuing authority to transfer?
28. COMELEC members can be reshuffled
29. what about if you need to be transferred somehwere else because we want to
promote you? can that be allowed? - No since the ban on promotion is absolute
30. When do we prohibit the carrying of firearms?
31. If you had a gun but duly licensed. During the election period, what happens to
your gun?
32. Exception? member of AFP, PNP
33. As a law student, can you apply for exemption? no
34. What if your security is really threatened?
35. Are public individuals authorized to carry guns during the election period? -
IT'S IN THE BOOK! basaha daw
36. People who can carry guns --- cashiers, disbursing officers, those who carry
large sum of valuables - because they are HIGH-RISK INDIVIDUALS
Is it just your unilateral declaration? - no, must be with threat assessment
from the PNP
37. ORCEO V COMELEC
39. What is the intention of the law in prohibiting guns?
40. What if it's a toy gun? Is it prohibited? - if the toy gun looks exactly like a
real gun, prohibited
41. What if it's my son's toy gun and it's color yellow?
42. What if you're a shooter and you want to practice since you'll represent the
Philippines? Can you be allowed? -- yes. innovation for 2019 elections. But strict
na dapat padung and pabalik sa practice ra.
43. GALLARDO v COMELEC
44. difference between disbursement, release and expenditure
45. Suspension of elective provincial, city, municipal or barangay; exceptions?
46. is there any other body or agency that can suspend you because of graft and
corruption?
47. Is the prohibition only limited to local elective officials? yes
48. what if a district rep? can that be allowed? --
49. what about if you are a corporation? can you support a candidate? - no
50. Basis?????
51. It's not an election offense. Liability under Corporation Code