Professional Documents
Culture Documents
Grounds for Postponement Soliva v. COMELEC – after election day, all the LAKAS candidates
1. Violence; were proclaimed as winning candidates. Six days after that,
respondent filed a petition to declare a failure of elections due to
2. Terrorism;
massive fraud, terrorism, ballot switching, stuffing of ballot boxes,
3. Loss or destruction of election paraphernalia or
delivery of ballot boxes by petitioner Soliva, his wife and men from
records; several precincts to the supposed canvassing area, failure of the
4. Force majeure; or counting of votes in the precincts or polling places, and other
5. Other analogous causes of such a nature that the anomalies or irregularities.
holding of a free, orderly and honest election COMELEC granted the petition and declared a failure of
becomes impossible in any political subdivision. elections in RTR. COMELEC likewise declared the proclamation of
winners to be null and void. COMELEC called for a special election.
a. An election officer cannot postpone an election. Only The COMELEC did not err, did not commit grave abuse of
the COMELEC En Banc can postpone an election. discretion, the petition was dismissed. The 1987 Constitution vested
b. The transfer of the location of the precinct and the upon the COMELEC the broad power to enforce all the laws and
replacement of the public school teacher by military regulations of the conduct of elections as well as the plenary
personnel as member of the board of inspectors authority to decide all questions affecting elections, except the
made by an election officer without notice and question as to the right to vote. Section 4 of RA 7166 provide that
hearing are illegal. the postponement, declaration of failure of elections and the
calling of special elections shall be decided by COMELEC sitting en
banc by a majority vote.
Failure of Election
a. The COMELEC en banc has the original and exclusive Ampatuan v. COMELEC – Candao asked that the elections be
jurisdiction to hear and decide petitions for annulled because it was “completely sham and farcical.” The
declaration of failure of election or for annulment of ballots were filled-up en masse by a few persons the night before
election results. election day, and in some precincts, the ballot boxes, official ballots
and other election paraphernalia were not delivered at all.
COMELEC initially suspended proclamations but eventually 21. Suspension of Elective Provincial, City, Municipal, or
proceeded to do so. Barangay Officer, unless for Graft and Corruption
The fact that a candidate proclaimed has assumed office 22. On Registration of Voters, Voting, Canvassing
does not deprive the COMELEC of its authority to annul any canvass 23. Prohibitions Relating to Candidacy and Campaign
and illegal proclamation. The validity of a proclamation may be 24. Other prohibitions such as liquor ban, sale and display
challenged even after the irregularly proclaimed candidate has of merchandise, fairs, cockfights, refusal to carry
assumed office.
election mail, discrimination in the sale of airtime.
25. Other Election Offenses under OEC, such as
ELECTION OFFENSES
intervention of foreigners, removal or destruction of
election propaganda.
1. Vote-buying and Vote-selling
a. By giving, offering or promising money or anything of
Penalties
value (including employment);
1 year – 6 years of imprisonment and shall not be
b. By soliciting or receiving any expenditure or promise of
subject to probation. In addition, the guilty party shall be
any office or employment, public or private; or
sentenced to suffer disqualification to hold public office and
c. Distribution of cigarettes to people who attend a
deprivation of the right of suffrage.
political meeting is prohibited.
If he is a foreigner, he shall be sentenced to
2. Conspiracy to Bribe Votes
deportation which shall be enforced after the prison term has
3. Wagering upon the Result of the Election
been served.
4. Coercion
a. Committed by – any public officer, head, etc.,
Prescription – 5 years from the date of commission.
against subordinates, employees, etc. by
coercion, intimidation, compulsion; or by
Jurisdiction and Prosecution
dismissal or threat to dismiss, transfer, suspend, or
1) Investigation and prosecution. The Commission on
reduce salary.
Elections has exclusive jurisdiction to investigate and
5. Appointment of New Employees
prosecute cases involving violations of election laws;
When committed during 45 days before regular
but it may validly delegate the power to the Provincial
election and 30 days before special election.
Prosecutor.
ER:
2) Trial and decision. The Regional Trial Court has
a. Urgent need;
exclusive original jurisdiction to try and decide any
b. Essential to the functioning of the offices.
criminal actions or proceedings for violation of
6. Promoting or Giving (by any government official) any
election laws. The metropolitan or municipal trial
increase of salary or remuneration or privilege to any
court, by way of exception, exercises jurisdiction only
government official or employee.
over offenses relating to failure to register or to vote.
7. Transfer or Detail of Government Official or Employee
without COMELEC Approval People v. Ferrer – it was held that distribution of cigarettes to people
a. If fact of transfer is within the election period fixed who attended a political meeting falls within the context of the
by COMELEC; prohibition.
b. Transfer or detail was without COMELEC’s
approval. Mappala v. Nunez – it was held that it is not necessary that the
8. Intervention of Public Officers and Employees – deadly weapon be seized from the accused while he was in the
directly or indirectly precinct or within a radius of 100 meters therefrom; it is enough that
9. Undue influence the accused carried a deadly weapon within the prohibited radius
10. Unlawful Electioneering – on the day of registration during any of the days and hours specified in the law.
and election, by soliciting votes or undertaking any
propaganda before the BEI (on the registration day), People v. Bayona – Good faith is not a defense. Election offenses
and within the polling place and with a radius of 30 are generally mala prohibita. Proof of criminal intent is not
meters (on election day). necessary. Good faith, ignorance or lack of malice is not a defense;
the commission of the prohibited act is sufficient.
11. Harassment and Dismissal of Employees, Laborers,
Tenants
APPEAL AND OTHER ELECTION ISSUES
12. Appointment or Use of Special Policemen, Special
Agents, or Confidential Agents, during campaign
Election Contest – any adversary proceeding by which matters
period and on the day before and on Election Day.
involving title or claim of title to an elective office, made before
13. Illegal Release of Prisoners before and after Election,
or after the proclamation of the winner, is settled whether or not
by the Director if the Bureau of Prisons, provincial
contestant is claiming office in dispute.
warden, keeper of jail, 60 days before and 30 days
after the election.
Ø It is a summary proceeding and political in nature.
14. Use of Public Funds, Equipment, and Facilities for
Ø To ascertain if the candidate elected to office is the
Election Campaign
lawful choice of the electorate.
15. Carrying of Deadly Weapon within a radius of 100M
from a precinct, during registration day, election day,
Kinds of Election Contest:
counting of votes and preparation of election returns.
(a) Election Protest (contest between defeated & winning
Unless peace officer authorized to supervise.
candidates)
16. Carrying of Firearms Outside Residence or Place of
1. May be filed by any candidate who has filed a
Business, even with a permit to carry.
COC and has been voted upon for the same
17. Use of Armored Land, Water, or Aircraft during
office;
campaign period and on the day before or on the
2. Grounds:
Election Day itself.
a. Fraud;
18. Wearing uniforms and bearing arms, unless in pursuit
b. Terrorism;
of person committing a crime, or escorting for
c. Irregularities; or
transport of payrolls, valuables, or guarding private
d. Illegal acts committed before, during, or
residence or persons.
after the casting and counting of votes.
19. Release, disbursement, or expenditure of public funds,
3. Must be filed within 10 days from proclamation of
45 days before for RE, 30 days for SE. Unless for
results of election. (It is suspended during the
maintenance, public bidding, or emergency work.
pendency of a pre-proclamation controversy.)
20. Construction of public works, delivery of materials for
public works, and issuance of treasury warrants and
other devices. 45 |30
(b) Quo Warranto Execution of Pending Appeal
1. Filed by any registered voter in the constituency. The trial court may grant a motion for execution
2. Grounds: pending appeal, because the mere filing of an appeal does
a. Ineligibility; or not divest the trial court of its jurisdiction over a case and to
b. Disloyalty to the Republic of the resolve pending incidents.
Philippines.
3. File a sworn petition for quo warranto with the Navarosa v. COMELEC – it was held that the Regional Trial Court may
Commission within ten days after the grant a motion for execution pending appeal when there are valid
proclamation of the results of the election. and special reasons to grant the same, such as:
(a) the public interest involved or the will of the electorate;
1. In an elective office: the issue is eligibility of the officer- (b) the shortness of the remaining portion of the term; or
elect; the court or tribunal cannot declare the (c) the length of time that the election contest has been
pending.
protestant (or the candidate who obtained the
second highest number of votes) as having been
elected. ADMINISTRATIVE LAW
2. In an appointive office: the issue is the legality of the
appointment; the court determines who of the parties • Administrative Law – that branch of modern law under which
has legal title to the office. the executive department of the government, acting in a
quasi-legislative or quasi-judicial capacity, interferes with the
Substitution conduct of the individual for the purpose of promoting the well-
being of the community.
Situation Is Substitution Allowed?
If after the last day for the filing Yes. Only a person belonging 1. Quasi-legislative authority – or rule making power;
of the COC, an official to, and certified by, the same 2. Quasi-judicial power – or adjudicatory function.
candidate of a registered or political party may file a COC
accredited political party: to replace the candidate who • Administrative Agency – a body endowed with quasi-
i. dies; died, withdrew, or was legislative and quasi-judicial powers or both for the purpose of
ii. withdraws; or disqualified not later than mid- enabling it to carry out laws entrusted to it for enforcement or
iii. is disqualified for any cause. day of the day of the election. execution.
When the candidate who dies No.
is an independent candidate. Maceda v. Energy Regulatory Board - Such a relaxed procedure is
If a person’s COC had been No. especially true in administrative bodies, such as the ERB which in
denied due course and/or matters of rate or price fixing is considered as exercising a quasi-
cancelled. legislative, not quasi-judicial, function. As such administrative
agency, it is not bound by the strict or technical rules of evidence
Withdrawal of Certificate of Candidacy governing court proceedings.
Ø May, at any time, before the Election Day, file a
Statement of Withdrawal under oath. Eugenio v. CSC – The controlling fact is that the Career Executive
Ø The filing of a withdrawal of a COC shall not affect Service Board (CESB) was created in the Presidential Decree (P.D.)
whatever civil, criminal, or administrative liabilities a No. 1 on September 1, 1974 which adopted the Integrated Plan. It
cannot be disputed, therefore, that as the CESB was created by
candidate may have incurred.
law, it can only be abolished by the legislature. This follows an
Ø Effect: Disqualification to be elected in the position.
unbroken stream of rulings that the creation and abolition of public
offices is primarily a legislative function. Except for such offices as
• Withdrawal of Withdrawal – must be made within the period are created by the Constitution, the creation of public offices is
provided by law for the filing of certificates of candidacy. primarily a legislative function.
Usurper – is one who takes possession of an office and Doctrine of Necessary Implication
undertakes to act officially without authority, either actual or All powers necessary to the exercise of the power
apparent. expressly granted are deemed impliedly granted as well. The
He has neither lawful title nor color of title to office. claim of power may also be justified on the ground that the
His acts are absolutely void and can be impeached in power is inherent, e.g. police power.
any proceeding at any time unless and until he continues to act
for so long a time as to afford a presumption of his right to act. Doctrine of Qualified Political Agency
He is not entitled to a compensation. Department secretaries may exercise powers
delegated to them by the President subject to the latter’s
Effects of Acts of a De Facto Officer power of control.
a) The lawful acts of an officer de facto, insofar as the
right of third persons are concerned, are, if done within Sharp International Marketing v. CA – It is settled that mandamus is
the scope and by apparent authority of the office, not available to control discretion. The writ may issue to compel the
considered as valid and binding. exercise of discretion but not the discretion itself. Mandamus can
b) A de facto officer cannot benefit from his own status require action only but not specific action where the act sought to
because public policy demands that unlawful be performed involves the exercise of discretion. We agree with the
assumption of public office be discouraged. respondent court that the act required of the LBP President is not
c) A de facto officer cannot be made to reimburse funds merely ministerial but involves a high degree of discretion.
disbursed during his term of office because his acts are
as valid as those of a de jure officer. RIGHTS OF PUBLIC OFFICERS
d) A de facto officer is entitled to emoluments for actual
service rendered. 1. Right to Office
e) A de facto officer is subject to the same liabilities 2. Right to Salary
imposed on the de jure officer in the discharge of 3. Right to Back Salaries
official duties, in addition to whatever special 4. Right to Vacation and Sick Leave with Pay
damages may be due from him because of his 5. Right to Retirement Pay
unlawful assumption of office. 6. Right to Self-Organization
f) Voidable acts, or those not previously authorized, may 7. Right to Not Be Removed or Suspended Except for
be subsequently ratified by the government. Cause Provided by Law
g) Where the acts were not authorized, it is exclusive
responsibility of the public officer who committed it. • Salary – Not an essential element of a public office for there is
such a thing as honorary office to which, no compensation is
Rodriguez v. Tan – Senator who had been proclaimed and had given and where the incumbent is willing to serve gratis.
assumed office, but was later on ousted as a result of an election When a statute grants the salary, a statute may also
protest, is a de facto officer during the time he held the office of withdraw it.
senator, and is entitled to the compensation, emoluments and
allowances which our Constitution provides for the position. This is GR: One does not have a vested right to a salary unless it is
the policy and the rule that has been followed consistently in this protected by the Constitution. It may be subjected to any
jurisdiction. change deemed fit by the Legislature who granted it in the first
place. The salary may be increased, decreased or even be
Garchitorena v. Crescini – The judge who filed the decision cannot abolished by the discretion of the law-making body. Hence, the
be considered a judge de jure for the reason that another judge functionary who is prejudiced cannot complain.
was actually acting in his place and stead and had been for nearly
a month prior to the promulgation of the decision in question.
Due Process Quasi-Judicial Officers
GR: Cannot be invoked by the prejudiced since a salary is not Decisions rendered by them may be reversed by
a property right. courts of justice upon a showing that they were attended by a
ER: No abolition or reduction of salary can operate retroactively grave abuse of discretion.
to affect salaries already accrued or turned over. They are
already vested property. Local Officials
The rules governing the liability of officials in the
Disbursement of Public Funds – Any disbursement of public national government are applicable to local officials in the
funds, which include the salaries and benefits to government discharge of their discretionary and ministerial functions.
officials must:
a) be authorized by law; and Ministerial Officers
b) serve a public purpose. A ministerial act has been defined as “an act
In view of the public purpose requirement, the performed in a prescribed manner, in obedience to the law or
disbursement of public funds, salaries and benefits of mandate of legal authority, without regard to, or exercise of,
government officers and employees should be granted to the judgment of the individual upon the propriety of the act
compensate them for valuable public services rendered, and being done.
the salaries and benefits paid to these employees must be a) Nonfeasance – the neglect o refusal, without sufficient
commensurate with services rendered. In the same vein, excuse, to perform an act, which it was the officer’s
additional allowances and benefits must be shown to be legal duty to the individual to perform.
necessary or relevant to the fulfillment of the official duties and b) Misfeasance – is the failure to use, in the performance
functions of the government officers and employees. of a duty owing to the individual, that degree of care,
skill and diligence, which the circumstances of the
Step increments that are to be given to deserving officials and case reasonably demand.
employees shall be based on two criteria: c) Malfeasance – the doing, either through ignorance,
1) merit system – for those who have served very inattention or malice, of that which the officer had no
satisfactory or outstanding performance in assigned legal right to do at all, as where he acts without any
functions for two consecutive rating periods. authority whatever, or exceeds, ignores or abuses his
2) length of service – for those who have rendered powers.
continuous satisfactory service in a particular position
for the last 3 years. Liability for Acts of Subdivision
GR: Superior officers cannot be held liable for the acts of their
LIABILITY OF PUBLIC OFFICERS subordinates as otherwise competent persons may not be
willing to join the public service for fear of imputation to them of
• Three-Fold Liability Rule: The wrongful acts or omissions of shortcomings of others.
public officers may give rise to civil, criminal, and administrative ER:
liability. The dismissal of an administrative case does not 1. Where, being charged with the duty of employing or
necessarily bar the filing of a criminal prosecution for the same retaining his subordinates, he negligently or willfully
acts. employs or retains unfit or improper persons;
2. Where, being charged with the duty to see that they
Doctrine of Condonation – abandoned. Election is not a mode are appointed and qualified in a proper manner, he
of condoning an administrative offense, and there is simply no negligently or willfully fails to require of them the due
constitutional or statutory basis in our jurisdiction to support the conformity or the prescribed regulations;
notion that an official elected for a different term is fully 3. Where he so carelessly or negligently oversees,
absolved of any liability arising from an offense done during a conducts or carries on the business of his office as to
prior term. furnish the opportunity for the default;
4. Where he has directed, authorized or cooperated in
Presidential Immunity Doctrine the wrong.
GR: Incumbent Presidents are immune from suit. Except:
1. Where the petition for prohibition is directed not Personal Liability
against the President himself but against his An administrative proceeding is different from a
subordinates; criminal case and may proceed independently thereof; the
2. The sitting President can be made respondent in an quantum of proof in the latter is different, such that the verdict
election contest filed with the Supreme Court and in in one need not necessarily be the same as in the other.
an impeachment proceeding; GR: The dismissal of an administrative case does not
3. With respect to criminal responsibilities under Rome necessarily follow the dismissal of a criminal case, the former
Statute on the International Criminal Court such as: requiring as it does, only a preponderance of evidence while
a. Crimes of genocide; the latter requires proof beyond reasonable doubt.
b. Against humanity;
c. War crimes; and Shauf v. CA – The doctrine of immunity from suit will not apply and
d. Crimes of aggression may not be invoked where the public official is being sued in his
private and personal capacity as an ordinary citizen.
Legislators
Members of the legislature, both national and local, Williams v. Rarang – Public officials can be held personally
act as a body and discharge duties owing to the public in accountable for acts claimed to have been performed in
connection with official duties where they have acted ultra vires or
general, hence, they cannot be held liable individually or
where there is showing of bad faith.
collectively, for the performance or non-performance of their
duties. Rama v. CA – A public officer who commits a tort or other wrongful
act, done in excess or beyond the scope of his duty, is not protected
Judges and is personally liable therefor like any private individual.
GR: Judges shall not be liable for their acts.
ER: When they act without jurisdiction. The law will not protect Death of A Public Officer
them for exercising powers that do no belong to them. This is GR: The death of a public officer does not preclude a
usurpation. finding of administrative liability. Except:
As a rule, the acts of a judge, which pertain to his 1. As when due process may be subverted;
judicial functions, are not subject to disciplinary power unless 2. For equitable and humanitarian reasons;
they are committee with fraud, dishonesty, corruption or bad 3. The penalty imposed would render the proceedings
faith. The quantum of evidence to hold a judge administratively useless.
liable is only a preponderance of evidence.
• Settled is the rule that administrative offenses do not prescribe. Retirement Benefits
Retirement laws are liberally construed and
TERMINATION OF OFFICIAL RELATIONS administered in favor of the persons intended to be benefited,
and all doubts are resolved in favor of the retiree to achieve
1. Expiration of term or tenure. their humanitarian purpose.
2. Reaching the age limit.
3. Resignation. 3. Resignation
4. Recall. Act of giving up or the act of a public officer by which
5. Removal. he declines his office and renounces the further right to use it. It
6. Abandonment. an express or implied intention to surrender, renounce and
7. Acceptance of an incompatible office. relinquish the office and the acceptance thereof by
8. Abolition of office. competent and lawful authority.
9. Prescription of the right to office. (a) Voluntariness – it must be voluntary on the part of the
10. Impeachment. public officer. If resignation was due to fraud or duress,
11. Death. resignation may be repudiated.
12. Failure to assume elective office within six months from (b) Acceptance by competent authority which can be
proclamation. express or implied.
13. Conviction of a crime. (c) Acceptance of resignation shall be made by
14. Filing of a certificate of candidacy. competent authority.
Jurisdiction
Heads of ministries, agencies and instrumentalities,
provinces, cities and municipalities have jurisdiction to
investigate and decide matters involving disciplinary action
against officers and employees under their jurisdiction.
Civil Service Commission has appellate jurisdiction, but
a complaint may be filed directly with the Commission, and the
latter may hear and decide the case, or deputize a
department or agency to conduct the investigation.
Preventive Suspension
Preventive suspension is not a penalty by itself; it is merely a
measure of precaution so that the employee who is charged
may be separated from the scene of his alleged misfeasance
while the same is being investigated, to prevent him from using
his position or office to influence prospective witnesses or
tamper with the records, which may be vital in the prosecution
of the case against him.
Summary Proceedings
No formal investigation is necessary and the
respondent may be immediately removed or dismissed if any of
the following circumstances is present:
(a) When the charge is serious and the evidence of guilty
is strong;
(b) When the respondent is a recidivist or has been
repeatedly charged and there is reasonable ground
to believe that he is guilty of the present charge;
(c) When the respondent is notoriously undesirable.
Resort to summary proceedings by disciplinary
authority shall be done with utmost objectivity and impartiality
to the end that no injustice is committed: Provided, that
removal or dismissal except those by the President, himself, or
upon his order, may be appealed to the Commission.