Professional Documents
Culture Documents
AA2018
*Ex officio capacity - act done in an ofcl -Suspension pending appeal: Entitled to
character/consequence of office; w/o any other compensation for pd. Of suspension
appt or authority than that conferred by ofc (This -2 reqts:
is an exception to the rule on multiple ofcs, the 1) Respondent exonerated
other being provided by the Consti) 2) Suspension unjustified
*Axn for quo warranto must be within 1 year *Preventive suspension by OMB immediately
executory
* Midnight appointment ban only applicable to
Pres/Acting Pres of PH *OMB has admin disciplinary authority under Art. 9,
Sec. 12 of Consti and RA 6770 (OMB Act)
*GROUNDS FOR REMOVAL
-Congress: ⅔ concurrence, not more than 60 days *Abolition of ofc must be legal and done in good
-Judiciary: 70 yo; admin sanction faith
*Temporary appts have no tenure, bec there is no *Under the Admin Code, Pres. may reorganize any
removal branch/agency of Exec. Dept.
* Nepotism - prohibition in appointments made in *CESB autonomous, but administratively attached
favor of a relative up to the 3rd degree of to CSC.
consanguinity of the ff:
> Apptg authority *Recall - an elective ofcl removed during term by
> Recommending authority vote of people at election called for such purpose
> Chief of bureau/office (refers to ELECTION ITSELF)
-> mmediate supervisor of apptee -May only be done once during term for loss of
EXC: Marriage after appt confidence
Exempt: -Must NOT be within 1y r from date of ofcl’s
-Confidential EEs, AFP, teachers, physicians assumption from ofc, nor 1 yr immediately
preceding elections
*In admin investigation of local elective ofcls
-No investigation within 90 days before election ELECTION LAW
-Preventive suspension not beyond 60 days
-Decision w/in 30 days of investigation *What is an election?
-Appeal w/in 30 days of receipt of decision -A plurality of votes of a valid constituency is
-Appeal does not stay decision from being final sufficient to elect
and executory [execution pending appeal] -not necessary that a majority of the whole body
of voters in the district participated.
*Decisions exonerating an employee of the Civil
Service may be appealed by the apptg authority *COMELEC’s juris in election contests
who has disciplinary power over the said EE. (CSC -Orig and exclusive if regional, provincial, or city
v. Dacoycoy) ofcls
-Appellate if municipal (RTCs) and bgy (MTCs)
* State U Pres w/ fixed term of offfice is a ofcls
NON-Career Civil Service officer -Appeal of COMELEC decision:
-but consider acad freedom >if municipal and bgy ofcr, FINAL and
EXECUTORY, cannot appeal
*90 days max pd. for suspension >if elective regional, provincial, and city
ofcls: appealable to SC
*Rules for compensation re: Suspension
-Suspension pending investigation (preventive *COMELEC decisions in the exercise of its
suspension): no compensation QUASI-JUDICIAL FXNS are subject to judicial
review (w/in 30 days of receipt of COMELEC
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decision, via R65 certiorari); may punish for
contempt *If you file your COC as an incumbent appointive
-If COMELEC decision based on its admin fxn, then ofcl = deemed resigned, forfeited (Consti Art. 9-B,
ordinary civl axn only S. 2.4) ; if elective ofcl = NOT resigned (Fair Election
Act, S. 14)
*COMELEC decides all questions re: elections -Distinction justified by Consti against participation
EXCEPT THE RIGHT TO VOTE, which is exclusively by civil service EEs in political activities, pursuant to
decided by the COURTS (includes qualifications of a professional civil service (Quinto v. COMELEC,
voters, right to be registered as a voter, right to 2010)
cast vote, and who’s included in the registry lists)
>MTC/MeTCs for inclusion/exclusion of *You can only sub a candidate if s/he dies,
voters withdraws, or gets disqualified. Sub must be a
person belonging to and certified by same pol
*Pre-Proclamation Controversies and appeals party to replace candidate.
from trial courts must be 1st heard by a COMELEC -no prescribed duration of membership before
DIVISION, MR by the COMELEC EN BANC subbing
*Election pd.: 90 days before election day and 30 *CANCELLING OF COC
days after election day. -verified pet. May be filed by person exclusively on
ground of false material representation, not later
*LIST of voters - enumeration of voters in a precinct than 25 days after filing of COC; decided after
certified by Election Reg. Board due notice and hearing 15 days before election
BOOK of voters - compilation of all registration
records in a precinct *DQ CASES BEFORE ELECTION
1) BEFORE ELECTION: DQ; if not resolved; refer to
*Residence req’t for elections Law Dept of COMELEC to PI
-aka “domicile or legal residence; place where 2) AFTER ELECTION
the elector makes his/her true/permanent home a.After proclamation = dismiss case
-temp absences will not deprive one of his b.Before proclamation = dismissed, but referred to
domicile and right to vote Law Dept of COMELEC
-to acquire a new domicile by choice:
>residence or bodily presence in new place *2nd placers NOT winning candidate if prior
>intent to remain (animus manendi) candidate DQ
>intent to abandon old domicile (animus non EXC: 1. DQ highest # of votes + 2. Electorate fully
revertendi) aware of DQ but would still vote for ineligible
candie
*DQ to vote:
1) Sentenced by final judgment to imprisonment *Campaign pd
of >1yr -Pres/VP/Sen.: 90 days before election day
2) Crime of being disloyal to govt (rebellion, -HoR/province/city/municipality: 45 days before
sedition, anti-subversion and firearms laws, crime election day
vs. nat’l security)
3) Insane or incompetent persons *Cancellation of partylist reg if did not participate
in last 2 elections or failed to get 2% of votes in the
*1 precinct/200 pax, daughter precinct/spin-off last 2 elections or did not exist for at least 1 yr
precinct
*20% seats in HoR for party-list; term of 3 yrs
*You can’t file COC for more than 1 ofc, but you -if you change affiliation during term of ofc, forfeit
can withdraw the other one before the expiration seat. if 6 mos. Before election, not eligible for
of pd. For filing COC nomination as party-list rep in new pol party
*Need a declared oath to withdraw COC
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*Who party-list represents:
-proportional representation, marginalized and *2 grounds under Sec. 243 re: PPC
underrepresented, lack of well-defined 1) Illegal composition/proceeding of BOC
constituencies -as per composition you can challenge if the
+must factually and truly represent the sector Board has an IT-capable person (look at his/her
qualifications)
*Only COMELEC en banc has power to 4 grounds under illegal proceedings
postpone/reset election/declare failure of 1. lack of venue, 2. terrorism, 3. precipitate
election canvassing, 4. Lack of notice to BOC mems
2) (NOW IRRELEVANT) issues re: preparation,
*FAILURE OF ELECTION: transmission, receipt, custody and appropriation
1. no election, 2. suspended, 3. held but after of returns, NOT ballots
voting and during the preparation and
transmission of returns (force majeure, violence *COMELEC and BOC cannot look beyond face of
,terrorism, fraud etc) election returns
-3 reqts:
1) No voting took place *Electoral protest ad cautelam ok with PPC to
2) Votes castaffect result of election preserve ballot boxes’ integrity. Not deemed
3) Cause is force majeure, violence, terrorism, or abandoned. PPC only not viable anymore when
fraud proclamation based on a complete canvass.
*Canvass proceedings are administrative and (Agbayani v. COMELEC)
summary in nature
*EFFECT OF FILING PPC
*If elections = tied, drawing of lots; ”favored by -suspends running period in w/c to file election
luck” protest or quo warranto proceedings (same as
DQ or cancelled COC)
*Failure to assume office = fails or refuses to take
oath of ofc w/in 6 mos. of proclamation *Remedy after winning candidate proclaimed :
ELECTORAL PROTEST
*PRE-PROCLAMATION CONTROVERSY
-any question/matter affecting the BoC *ELECTION PROTEST
proceedings or any matter raised under Secs. 233 -contest between defeated and winning
(election returned delayed, lost, or destroyed), 234 candidates on ground of fraud/irreg in the casting
(material defects in returns), 235 (tampered), and and counting of ballots or in the preparation of
236 (discrepancies in election returns) of OEC in returns
re: preparation, transmission, receipt, custody, and -Who obtained the plurality of legal votes?
appreciation of election returns -Rules of CivPro apply suppletorily
-may be raised by any candidate/pl party etc.
-NOT an axn for annulment of election results or *PET FOR QUO WARRANTO
declaration of failure of elections -raises disloyalty or ineligibility of winning
(ex. Reopening of ballot boxes should be an candidate; unseats resp. From ofc
election protest, not a PPC and other questions re: GR: precludes filing of PPC
appreciation of votes and conduct of balloting); EXC:
not a DQ case 1. BOC improperly constituted
-summary in nature but cannot be ex parte 2. QW not proper remedy
-limited to challenges against BOC re: election 3. What was filed was not qw or protest, but pet.
returns to annul proclamation (error in preparation of
-COMELEC has exclusive jurisdiction for local returns)
elective ofcls 4. QW made w/o prejudice to PPC or made ad
EXC: Pres, VP, Sen, HoR (what is allowed is cautelam
correction of manifest errors in cert of canvass or 5. Null and void proclamation
election returns)
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*ELECTORAL TRIBUNALS
-Local ofcls = COMELEC, if sp. Civ axn, CA or SC
-Mun/Bgy ofcls = RTC and MTC; COMELEC has
appellate juris
-Congress
>SET
>HRET
-9 mems: 3 SC + 6 Cong; SC if GAD
-Pres/VP: SC as PET
*EXECUTION PENDING APPEAL
-ROC 39, S. 2 may be applied to election contests
if:
a. Motion by prevailing party w/ notice to adverse
party
b.Good reason =public interest, shortness of term,
length of time pending
c.Order granting execution must state reasons
*Effect of ineligibility/death of candie receiving
maj of votes
GR: does not entitle 2nd highest winner but makes
re-election a nullity. Permanent vacancy is
created, must be filled by succession.
EXC: Labo v. COMELEC, where electorate was
fully aware of candie’s qualification and said to
have waived validity and efficiency of their votes;
so 2nd highest candidate deemed elected.
*Election offenses
-2 aspects:
1) Criminal = guilt
2) Electoral = dq from office
-Penalty: Imprisonment of 1 yr but not more than 6
yrs, no probation, DQ to pub ofc, no suffrage; for
pol party fine of P10k…
-prescribe in 5 yrs from date of commission; period
commences on date of judgment where final and
executory
*Effect of conviction and pardon on eligibility
-Temp absolute DQ
>only during term of sentence
-Perpetual sp. DQ
>perpetually
-Perpetual/temp special DQ of right to suffrage
-Plenary pardon granted after election but before
date fixed by law for assuming ofc = removes DQ
prescribed by law
AA2018