ADMINISTRATIVE LAW

Definition – that branch of public law

which fixes the organization of govt and
determines the competence of the admin
authorities who execute the law and
indicates to the individual remedies for
the violation of his rights
ROSCOE POUND – comprehensively
defines it as “that branh of law which the
executive dept acting in quasi-legislative
or quasi-judicial capacity interferes with
the conduct of the indiv for the purpose of
promoting the well-being of the
community, as under the
laws regulating public interest,
professions, trades and callings, rates and
prices, laws for the protection of public
health and safety and the promotion of
public convenience
Government – the aggregate of
institutions by which an independent
society makes and carries out those rules
of action which are necessary to enable
men to live in a social state or which are
imposed upon the people forming that
society by those who
possess the power or authority of
prescribing them.
Govt of the RP – the corporate
governmental entity through which the
functions of government are exercised
throughout the Phils including the various
arms through which the
political authority is made effective
whether pertaining to the autonomous
regions, the provincial, city, municipal or
barangay subdivisions or other forms of
local government.
National govt – the entire machinery of
the central govt as distinguished from
different forms of local govts
The national govt includes: legislative,
executive, and judicial departments
as distinguished from local
governments and other governmental
entities
Local governments – refer to the political
subdivision established by or in
accordance with the constitution
Administration – as an institution – the
aggregate of those persons in whose
hands the reins of government are for the
time being
As function – is the execution, in non
judicial matters, of the law or will of the
state as expressed by competent
authority
As distinguished from government – is the
aggregate of authorities that rule a
society while
government is a permanent fixture in
every state while administration is
transitional
Sources of Administrative Law
1. Constitution or statutory enactments
creating administrative bodies
2. Decisions of courts interpreting charter
of admin bodies, defining their powers,
rights, inhibitions,
among others and the effects of their
determinations and regulations
3. Rules and regulations issued by
administrative bodies in line with the
purposes for which they were created
4. Determinations and orders of admin
bodies in the settlement of
controversies arising in their respective
fields
The Admin Code of 1987 – a general law
which incorporates in a unified document
the major structural, functional, and
procedural principles of governance and
embodies changes
in administrative structures and
procedures designed to serve the people
Administrative agency – it is a body
endowed with quasi-legislative and quasi
judicial powers to enable it to enforce laws
It is also described as an organ of
government excluding legislature and
courts which affect the rights of private
parties
Agency includes – any department,
bureau, office, commission, authority or
officer of the national government
authorized by law or executive order to
make rules, issue licenses, grant rights or
privileges and adjudicate cases
Also includes research institutions, govt
corporations – in relation to regulating
private rights, privilege,
occupation or business
Or officials in the exercise of disciplinary
power as provided by law
Agency of govt – as defined by statute-
any of the various unit of govt including a
department, bureau, office,
instrumentality, or govt owned-
controlled corporation or a local govt or a
distinct unit therein
Department – an executive department
created by law
Bureau – a principal subdivision or unit of
any department
Office – any major functional unit of a
department or bureau including regional
offices. It may also refer to any position
held or occupied by individual persons,
whose functions are defined by law or
regulations
Under the 1987 Constitution – prohibition
against dual or multiple offices as well as
incompatible offices; the prohibition refers
to holding of the office and not to the
nature of the appointment or designation
To hold an office means to possess or
occupy the same or to be in possession
and administration, which implies nothing
less than the actual discharge of the
functions and duties of the office
Instrumentality – refers to any agency of
the national govt not integrated within the
department framework, vested with
special functions or jurisdiction by law,
endowed with some if not all corporate
powers, administering special funds, and
enjoying operational autonomy, usually
through a charter. This includes
regulatory agencies, chartered
institutions, and govt owned/controlled
corporation.
In one case, the Court held that the
Phil Fisheries Devt Authority is a govt
instrumentality and not a govt owned
or controlled corp. Being an
instrumentality of govt, it is thus
exempt from payt of real prop tax
(PFDA v Central Bd of Assessment)
Chartered institutions – an agency
organized or operating under a special
charter and vested by law with
functions relating to specific
constitutional policies or obj.
Includes state univ, colleges, and
monetary authority of the state
The proper statutory counsel of a state
college is the Office of the Solicitor
General. Unlike a practicing lawyer who
has the right to decline employment, the
SolGen cannot
refuse to perform his functions without
violating his oath of office. His refusal is
compellable by mandamus. (Gumaru v.
Quirino State College)
3 elem of a gocc:
1. An agency organized as a stock or
non-stock corp
2. Vested with functions relating to
public need whether govtal or
proprietary in nature
3. Owned by govt directly or through its
instrumentality either wholly or where
applicable as in the case of stock corp, to
the extent of at least 51% of its capital
stock
The existing legal staff of gocc are
maintained separately and continue to
perform their functions and the Office of
Govt Corp Counsel shall exercise control
and supervision over them. The Admin
Code of 1987 mandates the OGCC not the
LBP Legal Dept to act
As the principal law office of the LBP (LBP
v Martinez)
The Phil Natl Construction Corp is an
acquired asset corp. It is not a govt
owned/controlled corp hence, is within the
jurisdiction of the SEC (Cuenca v. Atlas)
Staff and Line Bureaus
Bureau is a principal subdivision of a dept
performing a single major function or
closely-related functions-either as staff or
line
Staff bureau – performs policy, program
dev., and advisory functions.
Carries out staff functions to support
operations
Line Bureau – directly implements
programs adopted pursuant to dept
policies and plans. Carries out the
principal mandate of the dept
Administrative relationship
The Admin Code of 1987, Book IV,
Chapter 7 provides:
Section 38. Definition of administrative
relationship – unless otherwise expressly
stated in the code
or in other laws defining the special
relations of particular agencies,
administrative relationships shall be
categorized and defined as follows:
Supervision (and control) – the
authority to act directly whenever a
specific function is entrusted by law or
regulation to a subordinate; direct the
performance of a duty; restrain the
commission of acts;
review, approve, reverse or modify
acts and decisions of subordinate
officials or units; determine priorities in
the execution of plans/prog; and
prescribe standards, guidelines,
plans/prog.
Control – encompasses supervision
and control as defined herein
Source of powers and functions of admin
agencies:
-constitutional provisions
-legislative enactment
-creating them
Admin agencies exercise only those
powers expressly granted to it by law
and those necessarily implied in the
exercise of express powers
Separation of Powers among, the
executive, legislative and judicial
branches
Admin agencies created by law – it is an
agent of law making body hence, must
implement the legislative will
The Pres has control over the admin
agency; such control cannot be
withdrawn/limited by the legislature. The
exercise of power of control – to ensure
that laws are faithfully implemented
Admin bodies created by the Constitution
enjoy independence from the executive
branch
Courts of justice cannot be deprived of
their inherent power to decide all
questions of law including those passed
upon by admin bodies.
Conclusive effect of admin construction is
not absolute
on account of: error of law,grave abuse of
power or lack of jurisdiction or grave
abuse of discretion
Admin regulations cannot extend the law
and amend legislative enactment
on account of the rule – admin regulations
must be in harmony with the provisions of
law
Policy of liberal construction – greatest
respect/weight given by the courts to the
interpretation made by those charged
with the execution of the rule or
regulation unless found arbitrary or
unreasonable
Liberal construction is given to a
rule/regulation in order to assist parties
obtain a just, expeditious and inexpensive
settlement of cases
Statutes and admin rules/regulations
operate prospectively unless the contrary
is manifest by express terms or by
necessary implication
Rulings, circulars, rules and regulations
promulgated by BIR have no retroactive
application esp if to
allow it would prejudice the taxpayer
Admin power – involves the application of
policies and enforcing orders as
determined by proper governmental
organs. The Pres exercises admin power
when he fixes uniform standard of
efficiency and check the official
conduct of his agents and accordingly
issues admin orders, rules, and
regulations
Admin order – an ordinance issued by the
Pres in relation to specific aspect in the
admin operation of govt pursuant to his
duties as admin head
Executive Order - contains acts of the
Pres providing for rules of a general or
permanent character in the
implementation or execution of
constitutional or statutory powers
Quasi legislative power – the issuance of
provisional permits or authority on the
basis of the admin agency’s determination
on applicant’s compliance with
requirements it has promulgated
Quasi Judicial power – when the admin
agency is called upon to resolve an
opposition vs the application filed by a
competitor of the grantee of the
provisional permit on the basis of the
very rules promulgated by the agency
The 3 functions of Admin Agencies
1. Quasi-legislative – to promulgate rules
and regulations
2. Quasi-judicial – to adjudicate cases
3. Executive/admin functions – to issue
licenses and permits
Agency proceeding – any agency process
with respect to rule-making, adjudication,
and licensing
To illustrate:
Comelec – A constitutional admin agency
with powers essentially executive in
nature i.e., to enforce and administer
election laws;
Quasi-judicial – exercise original
jurisdiction over election contests of
regional, provincial and city officials and
appellate jurisdiction over election
contests of other lower ranking officials
Quasi-legislative – rule-making on all
questions affecting elections and the
promulgation of its rules of procedure
Quasi-legislative or rule-making power –
the power to make rules/regulations which
results in delegated legislation that is
within the confines of the granting statute
and the doctrine of non-delegability and
separability powers
Quasi-judicial or administrative
adjudicatory power – the duty to hear and
determine question of fact to which
legislative policy is to apply and to decide
in accordance with the standards laid
down by law itself in
enforcing/administering the same law
License – includes the whole or any part of
any agency permit, certificate, passport,
clearance, approval, registration, charter,
membership, statutory exemption or other
form of permission or regulation of the
exercise of a right or privilege
Licensing – the process involving the
grant, renewal, denial, revocation,
suspension, annulment, withdrawal,
limitation, amendment, modification or
conditioning of a license.
The action of admin agency in relation to
a license, permit, franchise, or certificate
of public convenience and necessity is
admin or quasi judicial.
The act is not purely administrative but
quasi-judicial or adjudicatory since it
involves determination of facts upon
which a decision is to be made and rights
and liabilities are determined
Broadcast stations are required to obtain a
legislative franchise; after which they
have to secure Certificates of Public
Convenience from NTC before they can
operate.
While NTC may grant the certificate it has
no power to cancel the CPC. It cannot
countermand the State policy as it has no
veto power over the implementation of
the law and the enforcement of especially
vested legal right.
An airman’s license is not a property right
but a mere privilege subject to restrictions
imposed by the ATO and its revocation if
warranted.
No license, franchise, etc. may be
withdrawn, suspended, revoked or
annulled without notice and hearing
except in cases of violation of pertinent
laws, rules/regulations or when public
security, health or safety requires
otherwise, no license may be withdrawn,
suspended, revoked or annulled without
notice and hearing.
Non-expiration of license
Where licensee has made timely and
sufficient application for the renewal of a
license with reference to any activity of a
continuing nature
the existing license shall not expire until
the application shall have been finally
determined by the agency
Sanctions – includes the whole or part of a
prohibition, limitation or other
condition affecting the liberty of any
person; the withholding of relief; the
imposition of penalty or fine; the
destruction, taking, seizure or
withholding of property;
the assessment of damages; the
revocation or suspension of license or the
taking of other compulsory or restrictive
action
Relief – includes the whole or part of any
grant of money, assistance, license,
authority, privilege, exemption, exception
or remedy; recognition of any claim, right,
immunity, privilege, exemption or
exception or taking of any action upon
the application or petition of any person.
Agency Action – includes the whole or part
of every rule, order, license, santion, relief
or its equivalent or denial thereof
Power to investigate – to examine, to
explore, inquire or delve or probe into,
research on, study, to subject to an official
probe, to conduct an official inquiry. The
purpose of investigation is to discover, to
find out, to learn, to obtain information.
Nowhere included
or intimated is the notion of settling,
deciding, resolving a controversy involved
in the facts inquired into by application of
the law to the facts established in the
inquiry.
The Commission on Human Rights- having
merely the power to investigate cannot
and should not try and resolve on the
merits (adjudicate) the matters involved
in striking teachers case and
it cannot do so even if there be a claim
that in the admin disciplinary proceedings
against the teachers in question, initiated
and conducted by the DECs, their human
rights or civil or political rights had been
transgressed
Findings of an office’ fact-finding
investigation which does not qualify as a
quasi-judicial proceeding wherein
respondents are named, offenses are
charged, and parties are heard, cannot act
as a bar to the Ombudsman’s exercise of
jurisdiction and rendition of a decision.”
Admin Code, Book II, Chapter 3 on
Adjudication does not affect the
investigatory functions of agencies
The Comelec has the power to conduct
investigations as an adjunct to its
constitutional duty to enforce and
administer all election laws
But the power to conduct inquiries is
lodged with the Philippine Economic Zone
Authority (PEZA) Director General and not
the PEZA Board.. The primary authority to
conduct inquiries and fact-finding
investigation is bestowed upon the office
of the PEZA
Director General simply because no
complaint, protest or claim can be
properly addressed and neither can any
reasonable recommendation to the PEZA
Board be made by the PEZA Director
General without conducting any such
inquiry or fact-finding.
Power to Examine
To enable admin agencies to
inspect the records and premises,
and investigate the activities of
persons or entities coming under
its jurisdiction, they are granted
Examining powers - are the
following: i)to issue subpoena ii)
to declare contempt iii)to issue
warrants and admin searches iv)
to issue writs, and v) to issue ex
parte cease and desist order
Power to issue subpoena
In any contested case, the agency
shall have the power to require the
attendance of witnesses or the
production of books, papers and
documents and other pertinent
upon request of any party before
or during the hearing upon
showing of general relevance.
Unless otherwise provided by law,
the agency may, in case of
disobedience, invoke the aid of
the
Regional Trial Court within whose
jurisdiction the contested case
being heard falls. The court may
punish contumacy or refusal as
contempt.
The power to issue subpoena and
subpoena duces tecum is not
inherent in administrative
agencies. It must be expressly
granted in the charter of the
admin body. For example, the
Labor Code
Art. 224 (b) provides that the
National Labor Relations
Commission shall have the “power
and authority to administer oaths,
summon the parties to a
controversy, issue subpoenas
requiring the attendance and
testimony of witnesses or the
production of such books, papers,
contracts, recordsw, statement of
accounts, agreements, and others
as may be material to a just
Determination of the matter under
investigation, and to testify in any
investigation or hearing conducted
in pursuance of this Code.
The effectiveness of the quasi
judicial power vested by law on a
Government institution hinges on
its authority to compel attendance
of the parties, their witnesses at
the hearings or proceedings. To
withhold from the COMELECT the
power to punish individuals who
Refuse to appear during a fact
finding invest despite previous
notice and order to attend, would
render nugatory its investigative
power, which is an essential
incident to its constitutional
mandate to secure the conduct of
honest and credible elections.
Power to Declare Contempt
Th Rules of Court, Rule 64,
applies only to inferior and
superior
Courts and does not comprehend
contempt committed against
admin officials or bodies, unless
said contempt is clearly
considered and expressly defined
as contempt of court as is done in
the Revised
Admin Code, Section 580, par 2. In
other admin or quasi judicial
bodies where contempt committed
against them is considered as
contempt of court, the law clearly
and unequivocally says so.
Unfortunately,, under
Commonwealth Act 461, as
amended by RA 44 failed to define
or consider a violation of orders of
the Dept of Justice as contempt of
court, or prescribe penalty
therefor.
In one case, the COMELEC ordered
the petitioner to show cause why
he should not be punished for
contempt for having published in
the Sunday Times issue of June 2,
1957 an article entitled “Ballot
Boxes Contract Hit.” The court
pronounced that “the Comelec” is
an independent admin body which
was established by our
Constitution. Its powers are
defined in the Const. The Revised
Election
Code supplements what other
powers may be exercised by said
Commission. Among these powers
are those embodied in Sec 5:
Sec 5. Powers of Commission –
The Commission on Elections or
any of the members thereof shall
have the power to summon the
parties to a controversy pending
before it, issue subpoena and
subpoena duces tecum and
otherwise take testimony in any
investigation or hearing before it,
and delegate such power to any
officer…The Commission or any
member thereof shall have the
powe to punish contempt
provided for in Rule 64 of the ROC,
under the
same procedure and with the same
penalties provided therein.”
The Court further explained that
the negotiation for election
paraphernalia conducted by the
Comelec refers to a ministerial
duty
which it has performed in its
admin capacity in relation to the
conduct of lections. The Comelec
discharged a ministerial duty; it
did not exercise a judicial
function. Such being the case, it
could not
exercise the power to punish for
contempt as postulated in the law,
for such power is inherently
judicial in nature. It has neither
power nor authority to submit
petitioner to contempt
proceedings it its
purpose is to discipline him
because of the publication of the
article mentioned in the charge
sheet.
But the powers of the Board of
Canvassers are not purely
Ministerial. It also exercises quasi
judicial functions such as the
function and duty to determine
whether the papers transmitted to
them are genuine election returns
signed by the proper officers. The
language of the OEC and the
Comelect rules of procedure is
broad enough to allow the
initiation of indirect contempt
proceedings by the Comelect motu
proprio. The exercise of the power
to declare
contempt by admin bodies has
been invariably limited to making
effective the power to elicit
testimony.
One who invokes the provision of
the law must first show that he has
“authority to take testimony or
evidence” before he can apply to
the courts for punishment of
hostile witnesses. In this case,
there is nothing in the executive
order of the Mayor of Manila
creating the
the investigating committee about
such a grant of power. All that the
Order gives to this body is the
power to investigate anomalies
involving certain city employees.
As held in Francia v Pecson, “the
Court does not think the Mayor
can delegate or confer the powers
of admin oaths, to take testimony,
and issue subpoena.
In one case, a Vice-Mayor is cited
in respondent’s court for alleged
disrespect and in disobedience of
the order of the Provincial Board,
a duly constituted body to hear
and decide admin cases against a
lgu official. It was held that the
contumacious act was committed
before the Provincial Board of
Ifugao, which was indeed beyond
the perception of the respondent
judge. Under such circumstances,
the charge against complainant
merely constitutes indirect
contempt which should be heard
first as provided for in the Rules
of Court, Rule 71, Sec. 3.
Moreover, under the 1997 Rules of
Civil Procedure, Rule 71, Sec 12,
quasi judicial agencies that have
the power to cite persons for
indirect contempt can only do so
by invoking the aid of the RTC
within whose jurisdiction the
contested case being heard falls.
It is not within their jurisdiction
and
competence to decide the indirect
contempt cases. Still on contempt
power, it must be noted that quasi
judicial powers and functions with
respect to land transportation is
exercised through
In the LTFRB. The court also
pronounced that the power to
hold inn contempt, must be
exercised, not on the vindictive,
but on the preservative principle.
It is not to be meted out of pique,
or from an
imperial sense of the nature and
functions of judicial office.
Power to Issue Cease and Desist
Order
Under PD 894, Sec 7(a), an ex parte
cease and desist order may be
issued by the Board (a)whenever
the wastes discharged by an
estab-lishment pose an immediate
threat to life, public health, safety
or welfare to to animal or plant
life” or b)whenever such
discharges or
wastes exceed “the allowable
standards set by the Board. On
the other hand, it is not essential
that the Board prove that an
immediate threat to life, public
health, safety or welfare or to
animal or plant life
exists before an ex parte cease
and desist order may be issued. It
is enough if the Board finds that
the wastes discharged to exceed
the allowable standards set by
the Board.
Ex parte cease and desist orders
are permitted by law and
regulations precisely because
stopping the continuous discharge
of pollutive and untreated
effluents into the rivers and other
inland
waters cannot be made to wait
until protracted litigation over the
ultimate correctness of such order
has run its full course. It is a
constitutional commonplace that
the ordinary requirements of
of procedural due process yield to
the necessities of protecting vital
public interest…through the
exercise of police power. Where
the establishment affected by an
rx parte cease and desist order
contests the correctness of the
Inprima facie findings of the Board,
it must hold a public hearing where
such establishment would have an
opportunity to controvert the basis
of such an ex parte order. That
such an opportunity is
subsequently available is really all
Inthat is required by the due
process clause of the Const. The
Board’s decision rendered after
public hearing may then be tested
judicially by an appeal to the
Court of Appeals in accordance
with PD
984, Sec 7© and of the IRR Sec 42.
Considering that injunctive relief
generally avails upon the showing
of a clear legal right to such relief,
the inability or unwillingness to
lay bare the precise statutory
basis for
the prayer for injunction is an
obvious impediment to a
successful applic though,
nonetheless, the error of the SEC
in granting Cease and Desist
Order without stating which kind
of CDO it was issuing
is more unpardonable, as it is an
act that contravenes due process
of law. The SEC’s power to issue a
CDO cannot, under the SEC Code
be delegated to an individual
commissioner.
in the HLURB may grant a Cease
and Desist Order or Injunction
against ga govt financial
institution, like the GSIS.
Power to Issue Warrants, Admin
Searches and Seizures
It has been said that the issuances
of warrants of arrest by the Com of
Immigration, solely for purposes of
investigation and before final order
of deportation is issued, conflicts
with the Const. Art III (Bill of
Rights)Sec 1, par 3. But it is diff if
the order of arrest is issued to
carry out a final finding of a
violation, either by an executive
or
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Legislative officer or agency duly
authorized for the purpose, as
then the warrant is not that
mentioned in the Const which is
issuable only on probable cause.
Such, for example, would be a
warrant of
arrest to carry out a final order of
deportation, or to effect
compliance of an order of contempt
It has likewise been pointed out
that Executive Order No 69 in
prescribing the procedure for
deportation of aliens, only
required the filing of a bond by an
alien under investigation, but did
not authorize his arrest.
Along these lines, the Court
affirms the ff principles:
1. Under the 1987 Const, Art III
Sec 2, it is only the judges, and no
other, who may issue warrants of
arrest and search.
2. The exception is in cases of
deportation of illegal and
undesirable alients, whom the
Pres or the Comm of Immigration
may order arrested, following a
final order of deportation for the
purpose of deportation.
In customs laws, the rule is that
from the moment imported goods
are actually in the possession or
control of the Customs
authorities, even if no warrant for
seizure or detention had
previously been
issued by the Collector of Customs
in connection with the seizure or
forteiture proceedings, the BoC
acquires exclusive jurisdiction
over such imported goods for the
purpose of enforcing the customs
Inlaws. Under PD 705, Sec 68A,
the DENR Sec or his duly
authorized representatives may
order the confiscation or any
forest products illegally cut,
gathered, removed, possessed, or
abandoned.
The Power to Impose Fines and
Penalties
When an admin agency imposes a
fine, it is not a fine in the nature of
a criminal penalty as contemplated
in the RPC. Thus, the fine imposed
by the Civil Aeronautics Board due
to PAL’s violation of CAB rules on
flagstops, is an admin penalty
which admin officers are
empowered to impose without
crim prosecution. The resolution
states
In “the imposition of the fine, is
not so much an exacting penalty
for the violation as the need to
impress upon the air carriers to
desis from wanton disregard of
existing rules.
Similar power has been granted to
a)Comm of Immigration for
violation of Immigration Law
b)Com of Customs for violation of
the Tariff and Customs Code
c)Public Service Com in its
exercise of its power under CA No.
146.
Jurisprudence thus suggests that
admin fines may be imposed
when:
1)The subject matter is within the
control of the Legislature subject
to constitutional limitations
2) It is not a criminal penalty, and
3) the law expressly authorizes
the imposition
Power to Issue Writs
The jurisdiction of Comelec to issue
writs of Certiorari, Prohibition and
Mandamus in electoral contests
involving municipal and barangay
officials in the common
question in the instant election
cases. In the absence of an
express constitutional or
legislative authorization, the
Comelec is devoid of competence
to issue special Writs simply on
the basis
of its appellate jurisdiction and its
rule making power. The view that
the subject writs are but common
law writs not owing to their
existence to any constitutional
provision or statutory enactment
may be true in foreign
jurisdictions but not in the Phl
judicial system, as contrasted to
appellate jurisd that is exercised
in the issuance of said writs. And
although they may be authorities
in other jurisdictions
which maintains that such writs
are inherent in the power of
higher courts exercising appellate
jurisdic tion, the same refers to
juridical tribunals, which the
Comelec is not. What this agency
exercises are
administrative and quasi judicial
power. In this jurisdiction,
certirorari is a special writ or
action instituted against any
tribunal, board or officer
exercising judicial functions. Sec
1, Rule 67, in
order that certiorari can be
invoked the ff circumstances must
exist a)there is a specific
controversy involving rights of a
person or prop and said
controversy is brought before a
tribunal, board or officer
for hearing and determination b)
the tribunal, board or officer must
have the power and authority to
pronounce judgment and render a
decision on the controversy and
applying the laws to that end, and
c) the tribunal, board or officer
must pertain to that branch of
sovereign power which belongs to
the judiciary or at least which
does not belong to the legislative
or exec dept.
The Com on Human Rights is
neither a court of justice nor even
a quasi judicial body. The
constitutional provision directing
the CHR to “provide for
preventive measures and legal aid
services to
to the underprivileged whose
human rights have been violated
or need protection” may not be
construed to confer jurisdiction on
the Commission to issue a restrain
ing order or writ of injunction, for
that were the intention, the Const
would have expressly said so.
Jurisd is conferred only by the
Const or by law.
The writ of habeas corpus shld
not be allowed after the party
sought to be released had been
charged before any court, which
term includes quasi judicial bodies
or governmental agencies
authorized to order the person’s
confinement, like the Deportation
Board of the Bu of Immigration.
QUASI LEGISLATIVE FUNCTION
Rule and Rule Making Defined
Rule means any agency statement
of general applicability that
implements or interprets a law,
fixes and describes the procedures
in or practice reqts of, an agency,
including its regulations. The term
includes memoranda or
statements concerning internal
admin or mgt of an agency
affecting the rights of or
procedure available to, the public.
Rule making means an agency
process for the formulation,
amend ment or repeal of a rule.
Subordinate legislation – or the
power of subordinate legislation
as it permits the adm body to
promulgate rules intended to
carry out the provisions of
particular laws. It is the authority
delegated
by the lawmaking body to adm
body to adopt rules/reg intended
to carry out provisions of law and
implement legislative policies.
Adm bodies are vested with power
to make rules/reg because it is
impractical for lawmakers to
provide the general regulations
for various and varying details of
mgt. Statuts express policies,
purposes, objectives, remedies
and sanctions intended by the
legislature in gen
terms, the details and manner of
carrying them out are left to the
adm body entrusted with their
enforcement. Quasi legislative or
rule making power is exercised by
such bodies thru the promulgation
of rules/reg within the confines of
the granting statute and the
doctrine on non-delegation of
certain powers flowing from the
separation of the three gen
branches of govt.
Germane to Purpose of Law
Regulations must be germane to the
objects and purposes of the law and
not be in contradiction to, but in
conformity with the standards
required by law. They must conform
to and and be consistent with the
provisions of the enabling statute
in order for such rule/reg to be
valid. Constitutional and statutory
povisions control with respect to
what rules/reg may be promulgated
by adm body, as well as with
respect to what fields are subject
To regulation by it. Thus in
subordinate legislation by adm
agencies, all that may reasonably
demanded is a showing that the
delegated legislation consisting of
adm regulations are germane to the
general purposes projected by the
governing or enabling statute.
Under PD 1144, the Fertilizer and
Pesticide Authority (FPA) is given
the broad power to issue rules to
implement and carry out the
purposes and the provisions of said
decree – to regulate, control, and
develop the pesticide industry.
Further, the agency sees the
protection of proprietary data as
one way of fulfilling its mandate.
Entitled to Great Respect
Rules/reg issued by adm/exec
officers pursuant to the procedure
or authority conferred by law upon
the adm agency have the force and
effect, or partakes the nature of a
statute, and are entitled to great
respect. However, these issuances
are by no means “iron clad norms.”
Adm agencies are not authorized to
substitute their own judgment for
any applicable law or adm
regulation with the wisdom or
propriety of which they do not
agree, at least, not before such law
or reg is set aside by the authorized
agency of govt as unconstitutional or
illegal and void.
No Roving Commission
To be valid, the delegation of
legislative power must not be a “roving
commission” but should be “canalized
between banks that keep it from over-
flowing.
The Probation Law does not fix
and impose upon the provincial
boards any standard or guide in
the exercise of their discretionary
power. What is granted is a roving
commission which enables the
Provincial boards to exercise
arbitrary discretion. RA 4221, Sec
11, the legislature does seemingly
on its own authority extend the
benefits of the Probation Act to
the provinces but in reality leaves
the entire matter for the various
Provincial boards to determine. If
the prov board does not wish to
have the Act applied to its
province, all that it does is to
decline to appropriate the needed
amount for the salary of a
Probation Officer. This is a virtual
of legislative power to the provincial
boards. The legislature has not made
the operation of Probation Act
contingent upon specified acts or
conditions to be ascertained by the
provincial board. It leaves the
operation or non-operation of the law
upon the provincial boards.
Another case marks the
questionable manner of the
disposition of confiscated prop as
prescribed in the questioned
executive order. It is therefore
authorized that the seized prop will
be distributed to charitable inst as
the Chairman of the National Meat
Insp Commission may see fit, in the
case of carabeef and to deserving
farmers through dispersal as Dir of
Animals may see fit, in the case of
carabaos. The phrase “may see fit”
is an extremely generous and
dangerous condition. It is laden
with perilous opportunities for
partiality and abuse and even
corruption. One searches in vain for
the usual standard and reasonable
guidelines, or better still, the
the limitations that said officers must
observe when they make their
distribution. There being none, the
options are apparently boundless. Who
shall be the fortunate beneficiary of
their generosity and by what criteria
shall they be chosen? Only the officers
Named can supply the answer.
Definitely there is a roving
commission, a wide and sweeping
authority that is not canalized
within banks that keep it from
over flowing, in short, a clearly
profligate and therefore invalid
delegation of legislative power.
Tests of Valid Delegation
The tests of valid delegation are:
1) completeness test 2) sufficient
standard test
It is essential to forestall a
violation of the prin of separation
of powers, that said law a)be
complete in itself, setting forth
therein the policy to be executed,
carried out or implemented by the
delegate, and b) fixes a standard
the limits of which are sufficiently
determinate or determinable, to
which the delegate must conform
in the performance of his functions.
Without a statutory declaration of
policy, which is the essence of
every law, and without the afore-
Mentioned standard, there would
be no means to determine with
reasonable certainty, whether the
delegate has acted within or
beyond the scope of his authority.
Hence, he would thereby arrogate
upon himself the power, not only to
make the law, but also and this is
worse – to unmake it by adopting
measures inconsistent with the end
sought to be attained by the Act of
Congress, thus nullifying the prin
of separation of powers and the
system of checks and balances, and
consequently undermining the
very foundation of our Republican
system.
Sufficiency of Standards
A sufficient standard defines
legislative policy, marks its limits,
maps out its boundaries and
specifies the public agency to
apply it. It indicates the
circumstances under which the
legislative command is to be
effected. Both tests are intended
to prevent a total transference of
legislative authority to the delegate,
who is not allowed to step into the
shoes of the legislature and exercise
a power essentially legislative. The
following have been held sufficient as
legislative standards justifying
delegation of authority to regulate, a)
in the interest of law and order b)
public interest c) justice and equity and
substantial merits of the case d)
adequate and efficient instruction, e)
simplicity, economy and efficiency f)
public welfare, g) to maintain monetary
stability
Legislative and Interpretative
Regulations
According to their nature and
substance, admin issuances may be
classified as: legislative and
interpretative. A legislative rule is
in the matter of subordinate legisla-
tion designed to implement a
primary legislation by providing the
details thereof. An interpretative
rule, is designed to provide
guidelines to the law which the
admin agency is in charge of
enforcing. Legislative rules or reg
are accorded by the courts or by
express provision of statute the
force and effect of law immediately
upon going into effect. In this case,
the adm agency is acting in a
legislative capacity, implementing
the statute, filling in the details or
making the law and usually acting
pursuant to a specific delegation of
legislative power.
Legislative regulation may be
supplementary or contingent. The
former fills in the details subject to
the standards fixed by the statute,
While the contingent is issued upon
the happening of a certain
contingency which the admin
agency is given the discretion to
ascertain pursuant to the law. Thus,
the court upheld a law prohibiting
the importation of cattle, which had
Caused a rinderpest epidemic, but
authorizing the Gov Gen to lift the
prohibition, with the consent of the
presiding officer of the legislature,
if he should determine after a fact
finding invest that there was no
longer any threat of contagion from
cattle. When an admin or exec
agency renders an opinion or
issues a statement of policy, it
merely interpretes a pre-existing
law and the adm interpretation of
the law is at best advisory, for it is
the courts that finally determines
what the law means. The interpret
regulation is issued by the adm
body as an incident of its power to
enforce the law and is intended
merely to clarify the provision for
proper observance by the people.
Examples: circulars issued by BIR
and Bangko Sentral. These are
merely persuasive and is received
by the courts with much respect
but not finality.
Requisites of Valid Admin Reg
Must comply with the ff requisites:
1. Promulgation must be
authorized by the legislature
2. Must be within the scope of the
authority given by legislature
3. Must be promulgated in
accordance with prescribed
procedure
4. It must be reasonable
The Rules must be Authorized by
the Legislature
The authority must emanate from
the charter itself of the adm body
or by the law to be enforced. Ex:
the DOLE and others charged with
the enforcement of Labor Code or
any of its parts shall promulgate
the necessary implementing rules
and reg. When Congress authorizes
promulgation of admin reg to
implement given legislation, all
that is reqd is that the reg be not in
contravention with it, but conform
to standards that the law prescribes.
Clearly, there are limitations on the rule
making power of admin agencies.
Fundamental is the precept in adm law
that the rule making power delegated
to adm agencies is limited and defined
by the statute conferring the power.
The DOH, as the delegate admin
agency, cannot contravene the law
from which its rule making
authority has emanated. Just as the
power of the DOH to issue rules/reg
is confined to the clear letter of the
law, the Court’s hands
are likewise tied to interpreting
and applying the law.
The Rules must be within the Scope
of Authority
The power to promulgate rules in
the impl of statute is necessarily
limited to what is provided for in
the legislative enactment. Its terms
must be followed. An admin agency
cannot amend an act of Congress.
The Const limits the authority of
the Pres. No lesser admin exec off
then can assert for itself a more
extensive prerogative.
The delegated authority must be
properly exercised, which means
simply that the reg promulgated must
not be ultra vires or beyond the limits
of the authority conferred. The rule
making power of a public adm agency
is a delegated power, which it may not
use either to abridge the authority
given to Congress or the Const or
to enlarge its power beyond the
scope intended. It cannot alter or
restrict the provisions of the law it
administers, it cannot engraft addtl
requirements not contemplated by
legislature. It simply cannot amend
the law it seeks to implement.
Adm issuances seeking to carry into
effect an act of Congress must be in
harmony with the prov of the law,
they cannot modify nor supplant the
same. They must not
override but must remain
consistent and in harmony with
the law they seek to implement.
Thus, a reg that operates to
create a rule out of harmony with
the statute is a mere nullity.
Though a regulation adopted
pursuant to law is law, a regulation
or any portion thereof not adopted
pursuant to law is no law and has
neither the force nor effect of law.
Indubitably, a statute is superior to
an adm circular, thus the latter
cannot repeal or amend it. A depart
mental zeal may not be permitted
to outrun the authority conferred
by the statute. In case of conflict
bet a statute and an adm order, the
former must necessarily prevail. In
one case, the Court declared that
the IRR went beyond the parameters
of the law when it adopted verbatim
the UNCITRAL Model Law’s definition
of “data message” w/o considering
the intention of Congress when the
latter deleted the phrase “but not
limited electronic data interchange
(EDI), electronic mail, telegram,
telex or telecopy.”
The Rule must be within the
Prescribed Procedure
The 1987 Adm Code, Bk VII on Adm
Procedure provides that this Book
shall be applicable to all agencies
except the Congress, the Judiciary,
the Constitutional Commissions,
military establishments, in all
matters relating exclusively to
Armed Forces Personnel, the Board
of Pardons and Parole, and state
uiniversities/colleges.
The Regulation must be Reasonable
Rules/reg must be reasonable and
fairly adapted to secure the end in
view. If shown to bear no
reasonable relation to the purposes
for which they are authorized to be
issued, then they must be held to
be invalid.
To illustrate, a regulation phasing
out taxicabs more than six years
old was assailed as an invalid
exercise of the police power. The
Court declared the reg reasonable
holding that its purpose was to
promote the convenience and
protect the safety of the
passengers. Regulations requiring
eateries to be equipped with
adequate plumbing and other
sanitary facilities for the health of
the customers or buildings or movie
houses or schools, or all bldgs, for
that matter, to be provided with fire
exits for the safety of occupants, or
all vehicles to have seat belts for
the passengers would all be
justified as a reasonable exercise
of the police power.
The power to enforce the prov of
the Bldg Code is lodged with DPWH
not MMDA. MMDA Reg No. 96-009
and MMC Memo Circular No. 88-09
were meant to apply only to public
areas. MRT3 being a private party
pursuant to the build-lease-transfer
(BLT) agreement bet the govt and
MRT Corp is not among the areas
covered by the prohibition.
The Court set the guidelines in
resolving disputes concerning the
interpretation by an agency of its
own rules and reg: 1)whether
there was valid delegation of
power, 2) whether the regulation
was within the delegated power,
3) whether it was a reasonable
regulation under a due process
test.
Examples of valid regulations
1. Collector of Internal Revenue-is
authorized to make rules/reg on the
classif, marking/packing of tobacco
limited to secure leaf tobacco of good
quality/handling under sanitary
conditions; not to mix, pack and mark
as same quality when not of same
class/origin.
The Memorandum Order, in protest
cases, decisions of Collector of
Customs in seizure cases, whether
appealed or not, are subject to
review by the Insular Collector, it is
thus necessary that findings of the
Insular Collector shall first be made
and submitted to the Collector of
Customs, before final disposition of
the goods may be made.
The authority given to the
Postmaster General to raise funds
Through the mails must be liberally
construed, consistent with the prin
that where the end is required the
appropriate means are given.
During the martial law regime, then
Pres Marcos exercised extraordinary
legislative powers issued decrees,
Order, letters of instruction which
the Court declared as having the
force/effect of law. Under ordinary
conditions, such orders being
administrative in nature cannot be
a valid source of obligation.
LOI, as a general rule, are simply
directives of the Pres which may
be issued in the exercise of his
admin power of control, to heads
of dept/officers under the
executive branch for their
observance.
Note also that Congress may
intervene anytime, despite the
existence of gove agencies
entrusted with wage fixing powers
because of the plenary legislative
power of Congress. When Congress
exercises such powers, it does not
the withdrawal of the powers
entrusted to such bodies, but there
is cooperative law making in an
area where initiative and expertise
are required. In law making, there
are partisan political considerations
in sponsoring legislation. Yet, that
is not a ground to invalidate a
statute.
Invalid Regulations
Basically, it is necessary to vest
upon admin authorities with power
to promulgate rules/reg to
implement a given statute and to
effectively carry out its general
policies, is the bedrock of a well
established doctrine in Phl admin law.
Where there is a failure to interpret
and apply the statutory provisions in
question, judicial power is asserted.
.
Examples: the Acting Comm, Internal
Revenue issued RMC 7-85,
changing the prescriptive period of
2 yrs to 10 yrs on claims for refund
of excess quarterly income tax
payts, such Circ created a clear
inconsistency with the prov of the
1977 NIRC. In so doing the BIR did
not simply interpret the law, rather
it legislated guidelines contrary to
the law.
The Director, Patents Office issued
a Circular announcing that he has
scheduled an examination to
determine who are qualified to
Practice as Patent Attorney before
his Office. Apparently, the US patent
law authorizes the Director to require
attorneys to show they possess the
necessary qualification for the
practice. For want of same authority
in the Phl Patent law, the petition for
prohibition was granted by the
Court and the Patent Director was
prohibited from requiring members
of the Phl Bar to submit to such
reqt.
When an admin regulation is
attacked on questions of constitu
tionality or validity, a party may raise
its unconstitutionality or invalidity on
every occasion that the regulation is
being enforced. A contrary rule would
mean that a law, otherwise
unconstitutional would lapse into
constitutionality by the mere failure of
the proper party to promptly file a
case to challenge the same.
Supreme Court – not exclusive
original jurisdiction over petitions
assailing the constitutionality of a
law/admin regulation.
The general rule, the SC exercises
only appellate jurisd over cases
involving the constitutionality of a
statute, treaty or regulation
Exception: where Court believes
that resolving the issue at the first
instance is of paramount importance
and immediately affects the
social, economic, and moral well
being of the people.
Penal Regulation
Every rule establishing an offense
or defining an act which, pursuant
to law, is punishable as a crime or
subject to a penalty shall in all
cases by published in full text.
The reqts of valid admin
regulation w/ penal sanction:
1)law itself must make the
violation of admin reg
punishable,2)law itself must
impose/specify the penalty for
viol, 3)the reg must be published
Circulars w/c prescribe a penalty
for its viol shld by published
before becoming effective for the
people to be officially informed.
Quasi Judicial Function
Adjudication-an agency process for
the formulation of a final order. The
Const Bill of Rights provides, “all
persons have the right to a speedy
disposition of cases before all
Judicial, quasi-judicial or admin
bodies.”
The function applies to the action,
discretion & similar acts of public
admin officers/bodies who are reqd
to invest facts or ascertain the
Existence of facts, hold hearings,
and draw conclusions from them,
as a basis for their official action
and to exercise discretion of a
judicial nature.
Admin agencies not considered
courts nor are they considered
part of judicial system nor judicial
trib. The doctrine of separation of
powers reposes 3 great powers
into the 3 branches-legislative,
exec, judiciary-each dept being
co-equal
and coordinate & supreme in its
own sphere. Accordingly, the exec
dept may not, by its own fiat,
impose the judgment of one of its
own agencies upon the judiciary.
Test of Admin Judicial Function
It shld not be seen that every
function wherein judgment and dis
creation are exercise is a judicial
function. The test of judicial
function is not the exercise of
judicial discretion, but the power &
authority to adjudicate upon the
rights & oblig of the parties. If Peti
tioner believes that the Integrity Bd
has no authority to subject him to
invest, his was to refuse to submit
to such invest or to institute an
action for prohibition to enjoin the
Acontinuation of invest, because the
action for proh lies against any
tribunal, board or person exercising
judicial or ministerial function.
Significantly some admin duties are
merely ministerial w/c means there is
no exercise of quasi judicial function
discretion, or judgment is reqd.
Ex: it is ministerial for the ROD to
annotate a lien on Torrens Cert of
Title or for COMELEC to give due
course to a COC duly accomp and
seasonably filed. But a determina
tion of the merits of a pre-proclam
case definitely involves the
exercise of adjudicatory powers.
Where a power rests in judgmt or
discretion so that it is of judicial
nature or char, but does not
involve the exercise or function of
a judge,
or is conferred upon an officer
other than a judicial offr, it is
deemed quasi judicial
Conditions for the exercise of
quasi judicial power
1)Jurisdiction properly acquired by
the admin body,2)due process must
be observed in conduct of procdgs
Jurisdiction
-the enabling act of the agency
defines the quantum of judicial or
quasi judicial powers it may
exercise;provisions of statute w/c
DOCTRINES IN
ADMINISTRATIVE LAW
THE "ALTER EGO" PRINCIPLE, ALSO KNOWN AS
THE "DOCTRINE OF QUALIFIED POLITICAL AGENCY,“

HOLDS THAT HEADS OF EXECUTIVE DEPARTMENTS ACT AS

THE PRESIDENT'S ALTER EGOS, MEANING
THEIR ACTIONS ARE CONSIDERED THE PRESIDENT’S
UNLESS SPECIFICALLY DISAPPROVED.
THIS DOCTRINE IS BASED ON THE CONCEPT THAT THE
PRESIDENT CANNOT PERSONALLY OVERSEE ALL
EXECUTIVE FUNCTIONS AND DELEGATES AUTHORITY TO
DEPARTMENT SECRETARIES. SEVERAL CASES ILLUSTRATE
THIS PRINCIPLE, INCLUDING THOSE INVOLVING THE
DEPARTMENT OF ENERGY (DOE) AND THE COMMISSION
ON AUDIT (COA).
Created/empowered such agency. The
grant of orig jurisd on a quasi judicial
agency is not implied. The legislative
grant of adjud powers of upon quasi
judicial agencies is in the nature of a
limited & special jurisd that is to
authority to hear/determine a class of
Cases w/in the agency’s competence &
field of expertise.
Special/Limited Jurisd
Limited delegation of judicial or quasi
jud auth to admin agencies is well
recognized in our juris basically because
the need for specl
competence/experience has been
recognized as essential in the
resol of questions of complex or
specialized char and because of a
companion recognition that the
dockets of our regular courts have
remained crowded/clogged.
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ELECTION LAWS
ELECTION LAWS
ELECTION LAWS
ELECTION LAWS
ELECTION LAWS
ELECTION LAWS
ELECTION LAWS
ELECTION LAWS
ELECTION LAWS
ELECTION LAWS
ELECTION LAWS
OBLIGATION TO REGISTER AND VOTE
Section 4 (OEC)-It shall be the obligation of
every citizen qualified to vote to register and
cast his vote.
Voting is no longer compulsory
Sec 1, Art V, 1987 Constitution-suffrage may
be exercised by all citizens of the Philippines
not other-wise disqualified by
law who are eighteen years of age, and
who shall have resided in the Phl for at
least one year in the place where they
propose to vote for at least six (6) months
immediately preceding the election.
Right of Suffrage-is the expression of
the sovereign will of the people. In a
democracy, “the people, combined,
represent the sovereign power of the
state. Their sovereign authority is
exercised through the ballot of the
registered voters in
in duly appointed elections held from
time to time, by means of which they
choose their officials for definite and
fixed periods, and to whom they
entrust, for the time being, as their
representatives, the
exercise of the powers of govern-ment.
The right of suffrage is an attribute of
sovereignty which resides in the
people and entitles them to have a
direct participation in govt. It is a
recognition that the people in their
sovereign character
are the fountain head of govern-
mental authority, and that their right
to participate in the power process is
indispensable for democ-rative govt to
constitute an effective instrument of
social control.
Athe right to vote has reference to a
constitutional guarantee of the utmost
significance. It is a right without which
the principles of sovereignty residing
in the people become nugatory. It is a
political right enabling every
enfranchised
citizen to participate in the process of
govt to assure that it derives its power
from the consent of the governed.
Theory upon which suffrage is based:
The right of suffrage is predicated
upon the theory that the people who
bear the burden of govt should share
in the privilege of choosing the officials
of that govt – theory of representative
form of govt. Thus, they may not be
deprived of the right to vote for
national officials
because they bear the burden of the
national govt by paying taxes to main-
tain the govt. Conversely, where they
do not bear such burden in a political
unit, they may be denied the right to
vote for elective officials of said unit.
suffrage is both a right and a privilege. It
is a right because it is the expression of
the sovereign will of the people, the
bedrock of our republican institution
known as the Phil Govt. It is a privilege
because its exercise is granted not to
everybody but to such
persons or class of persons as are
most likely to exercise it for the
purpose of the public good. He is the
enfranchised citizen or the registered
voter who is the trustee or
representative of the people in the
exercise of their sovereign will.
By the very nature of that trust, he is
expected to exercise it in good faith and
for the good of his principal, the sovereign
people.
In Bailles v. Cabili, the SC underscored the
importance of safeguarding the integrity
of the ballot: a republic then
Abe true to its name requires that the
govt rests on the consent of the people,
freely given, intelligently arrived at,
honestly recorded, and thereafter
counted. Only thus, can they be really
looked upon as the ulti-mate source of
established authority.
the election law has no justification except
as a means for assuring a free, honest and
orderly expression their views. It is of the
essence that corruption and irregularities
should not be permitted to taint the
electoral process.
Sec. 6. Failure of Elections-if on account of
force majeure, violence, terrorism, fraud,
or other analogous causes the election in
any polling place has not been held on the
date fixed, or had been suspended before
the hour fixed by law for the closing of
the voting, or after the voting and during
the preparation and the trans-mission of the
election returns or in the custody or canvass
thereof, such election results in a failure to
elect, and in any of such cases the failure or
suspension of election would affect the
result of the election, the Commis-
sion shall on the basis of a verified
petition by any interested party and after
due notice and hearing call for the holding
or continuation of the election not held,
suspended or which resulted in a failure to
elect on a date reasonably close to the
date of the
election not held, suspended or which
resulted in a failure to elect but not later
than 30 days after the cessation of the
cause of such postponement or
suspension of the election or failure to
elect.
SECTION 8 ELECTION CODE TO BE
AVAILABLE IN POLLING PLACES. - A
PRINTED COPY OF THIS CODE IN ENGLISH
OR IN THE NATIONAL LANGUAGE SHALL
BE PROVIDED AND BE MADE AVAILABLE
BY THE COMMISSION IN EVERY
POLLING PLACE, IN ORDER THAT IT
MAY BE READILY CONSULTED BY ANY
PERSON IN NEED THEREOF ON THE
REVISION AND ELECTION DAYS.
SECTION 11 FAILURE TO ASSUME OFFICE.
- THE OFFICE OF ANY OFFICIAL ELECTED WHO
FAILS OR REFUSES TO TAKE HIS OATH OF
OFFICE WITHIN SIX MONTHS FROM HIS
PROCLAMATION SHALL BE CONSIDERED
VACANT, UNLESS SAID FAILURE IS FOR A
CAUSE OR CAUSES BEYOND HIS CONTROL.
SECTION 12 DISQUALIFICATIONS. - ANY
PERSON WHO HAS BEEN DECLARED BY
COMPETENT AUTHORITY INSANE OR
INCOMPETENT, OR HAS BEEN SENTENCED BY
FINAL JUDGMENT FOR SUBVERSION,
INSURRECTION, REBELLION OR FOR ANY
OFFENSE FOR WHICH HE HAS BEEN
SENTENCED TO A PENALTY
OF MORE THAN EIGHTEEN MONTHS OR FOR A
CRIME INVOLVING MORAL TURPITUDE, SHALL
BE DISQUALIFIED TO BE A CANDIDATE AND TO
HOLD ANY OFFICE, UNLESS HE HAS BEEN
GIVEN PLENARY PARDON OR GRANTED
AMNESTY.
THESE DISQUALIFICATIONS TO BE A CANDIDATE
HEREIN PROVIDED SHALL BE DEEMED REMOVED
UPON THE DECLARATION BY COMPETENT
AUTHORITY THAT SAID INSANITY OR
INCOMPETENCE HAD BEEN REMOVED OR AFTER
THE EXPIRATION OF A PERIOD OF FIVE YEARS FROM
HIS SERVICE OF SENTENCE, UNLESS WITHIN THE
SAME PERIOD HE AGAIN BECOMES DISQUALIFIED.
REPUBLIC ACT NO. 9369
SEC. 38. SECTION 15 OF REPUBLIC ACT NO. 7166 IS
HEREBY AMENDED TO READ AS FOLLOWS:
"SEC. 15. PRE-PROCLAMATION CASES IN ELECTIONS FOR
PRESIDENT, VICE-PRESIDENT, SENATOR, AND MEMBER OF
THE HOUSE OF REPRESENTATIVES. - FOR PURPOSES OF
THE ELECTIONS FOR PRESIDENT,
VICE-PRESIDENT, SENATOR, AND MEMBER OF THE
HOUSE OF REPRESENTATIVES, NO PRE-
PROCLAMATION CASES SHALL BE ALLOWED ON
MATTERS RELATING TO THE PREPARATION,
TRANSMISSION, RECEIPT, CUSTODY AND
APPRECIATION OF ELECTION RETURNS OR THE
CERTIFICATES OF CANVASS, AS THE CASE MAY BE
EXCEPT AS PROVIDED FOR IN SECTION 30 HEREOF.
HOWEVER, THIS DOES NOT PRECLUDE THE
AUTHORITY OF THE APPROPRIATE CANVASSING
BODY MOTU PROPIO OR UPON WRITTEN COMPLAINT
OF AN INTERESTED PERSON TO CORRECT
MANIFEST ERRORS IN THE CERTIFICATE OF
CANVASS OR ELECTION RETURNS BEFORE IT.
SEC. 35. SECTION 206 OF BATAS PAMBANSA BLG.
881 IS HEREBY AMENDED TO READ AS FOLLOWS:
"SEC. 206. COUNTING TO BE PUBLIC AND WITHOUT
INTERRUPTION. - AS SOON AS THE VOTING IS
FINISHED, THE BOARD OF ELECTION INSPECTORS
SHALL PUBLICLY COUNT IN THE POLLING PLACE THE
VOTES CAST AND ASCERTAIN THE RESULTS.
THE BOARD MAY REARRANGE THE PHYSICAL SET UP OF
THE POLLING PLACE FOR THE COUNTING OR PERFORM
ANY OTHER ACTIVITY WITH RESPECT TO THE TRANSITION
FROM VOTING TO COUNTING. HOWEVER, IT MAY DO SO
ONLY IN THE PRESENCE OF THE WATCHERS AND WITHIN
CLOSE VIEW OF THE PUBLIC. AT ALL TIMES, THE BALLOT
BOXES AND ALL ELECTION DOCUMENTS AND
PARAPHERNALIA SHALL BE WITHIN CLOSE VIEW OF THE
WATCHERS AND THE PUBLIC.
"THE BOARD OF ELECTION INSPECTORS SHALL NOT
ADJOURN OR POSTPONE OR DELAY THE COUNT UNTIL IT
HAS BEEN FULLY COMPLETED, UNLESS OTHERWISE
ORDERED BY THE COMMISSION. "THE COMMISSION, IN
THE INTEREST OF FREE, ORDERLY, AND HONEST
ELECTIONS, MAY AUTHORIZE THE BOARD OF ELECTION
INSPECTORS TO COUNT THE VOTES AND TO ACCOMPLISH
THE ELECTION RETURNS AND OTHER FORMS
"PRESCRIBED UNDER THIS CODE IN ANY OTHER PLACE
WITHIN A PUBLIC BUILDING IN THE SAME MUNICIPALITY
OR CITY ON ACCOUNT OF IMMINENT DANGER OF
WIDESPREAD VIOLENCE OR SIMILAR CAUSES OF
COMPARABLE MAGNITUDE: PROVIDED, THAT THE
TRANSFER SHALL HAVE BEEN RECOMMENDED IN WRITING
BY THE BOARD OF ELECTION INSPECTORS BY UNANIMOUS
VOTE AND ENDORSED IN WRITING BY
THE MAJORITY OF WATCHERS PRESENT: PROVIDED,
FURTHER, THAT THE SAID PUBLIC BUILDING SHALL
NOT BE LOCATED WITHIN THE PERIMETER OF OR
INSIDE A MILITARY OR POLICE CAMP, RESERVATION,
HEADQUARTERS, DETACHMENT OR FIELD OFFICE
NOR WITHIN THE PREMISES OF A PRISON OR
DETENTION
BUREAU OR ANY LAW ENFORCEMENT OR
INVESTIGATION AGENCY. "ANY VIOLATION OF
THIS SECTION, OR ITS PERTINENT PORTION,
SHALL CONSTITUTE AN ELECTION OFFENSE
AND SHALL BE PENALIZED IN ACCORDANCE
WITH BATAS PAMBANSA BLG. 881."
SEC. 36. SECTION 18 OF REPUBLIC ACT NO. 6646 IS
HEREBY REPEALED. SEC. 37. SECTION 30 OF REPUBLIC
ACT NO. 7166 IS HEREBY AMENDED TO READ AS
FOLLOWS:
"SEC. 30. CONGRESS AS THE NATIONAL BOARD OF
CANVASSERS FOR THE ELECTION OF PRESIDENT AND VICE
PRESIDENT:
THE COMMISSION EN BANC AS THE NATIONAL BOARD OF
CANVASSERS FOR THE ELECTION OF SENATORS:
DETERMINATION OF AUTHENTICITY AND DUE EXECUTION
OF CERTIFICATES OF CANVASS. - CONGRESS AND THE
COMMISSION EN BANC SHALL DETERMINE THE
AUTHENTICITY AND DUE EXECUTION OF THE CERTIFICATE
OF CANVAS FOR PRESIDENT AND VICE-PRESIDENT AND
SENATORS, RESPECTIVELY, AS ACCOMPLISHED AND
TRANSMITTED TO IT BY THE LOCAL BOARDS OF
CANVASSERS, ON A SHOWING THAT: (1) EACH
CERTIFICATE OF CANVASS WAS EXECUTED, SIGNED AND
THUMBMARKED BY THE CHAIRMAN AND
DETERMINATION OF AUTHENTICITY AND DUE EXECUTION OF
CERTIFICATES OF CANVASS. - CONGRESS AND THE COMMISSION
EN BANC SHALL DETERMINE THE AUTHENTICITY AND DUE
EXECUTION OF THE CERTIFICATE OF CANVAS FOR PRESIDENT AND
VICE-PRESIDENT AND SENATORS, RESPECTIVELY, AS
ACCOMPLISHED AND TRANSMITTED TO IT BY THE LOCAL BOARDS
OF CANVASSERS, ON A SHOWING THAT: (1) EACH CERTIFICATE OF
CANVASS WAS EXECUTED, SIGNED AND THUMBMARKED BY THE
CHAIRMAN AND
 MEMBERS OF THE BOARD OF CANVASSERS AND TRANSMITTED OR
CAUSED TO BE TRANSMITTED TO CONGRESS BY THEM; (2) EACH
CERTIFICATE OF CANVASS CONTAINS THE NAMES OF ALL OF THE
CANDIDATES FOR PRESIDENT AND VICE-PRESIDENT OR SENATOR,
AS THE CASE MAY BE, AND THEIR CORRESPONDING VOTES IN
WORDS AND IN FIGURES; (3) THERE EXITS NO DISCREPANCY IN
OTHER AUTHENTIC COPIES OF THE CERTIFICATES OF CANVASS OR
IN ANY OF ITS SUPPORTING DOCUMENTS
SUCH AS STATEMENT OF VOTES BY CITY/MUNICIPALITY/BY
PRECINCT OR DISCREPANCY IN THE VOTES OF ANY
CANDIDATE IN WORDS AND FIGURES IN THE CERTIFICATE;
AND (4) THERE EXISTS NO DISCREPANCY IN THE VOTES
OF ANY CANDIDATE IN WORDS AND FIGURES IN THE
CERTIFICATE OF CANVASS AGAINST THE AGGREGATE
NUMBER OF VOTES APPEARING IN THE ELECTION
RETURNS OF PRECINCTS COVERED BY THE CERTIFICATE
OF CANVASS:
 PROVIDED, THAT CERTIFIED PRINT COPIES OF ELECTION
RETURNS OR CERTIFICATES OF CANVASS MAY BE USED
FOR THE PURPOSE OF VERIFYING THE EXISTENCE OF THE
DISCREPANCY. "WHEN THE CERTIFICATE OF CANVASS,
DULY CERTIFIED BY THE BOARD OF CANVASSERS OF EACH
PROVINCE, CITY OR DISTRICT, APPEARS TO BE
INCOMPLETE THE SENATE PRESIDENT OR THE CHAIRMAN
OF THE COMMISSION
AS THE CASE MAY BE SHALL REQUIRE THE BOARD OF
CANVASSERS CONCERNED TO TRANSMIT BY PERSONAL
DELIVERY THE ELECTION RETURNS FROM POLLING PLACES
THAT WERE NOT INCLUDED IN THE CERTIFICATE OF
CANVASS AND SUPPORTING STATEMENTS. SAID ELECTION
RETURNS SHALL BE SUBMITTED BY PERSONAL DELIVERY
WITHIN TWO (2) DAYS FROM RECEIPT OF NOTICE.
 "WHEN IT APPEARS THAT ANY CERTIFICATE OF CANVASS
OR SUPPORTING STATEMENT OF VOTES BY CITY/
MUNICIPALITY OR BY PRECINCT BEARS ERASURES OR
ALTERATIONS WHICH MAY CAST DOUBT AS TO THE
VERACITY OF THE NUMBER OF VOTES STATED HEREIN
AND MAY AFFECT THE RESULT OF THE ELECTION, UPON
REQUEST OF THE PRESIDENTIAL, VICE-PRESIDENTIAL OR
SENATORIAL CANDIDATE CONCERNED
OR HIS PARTY, CONGRESS OR THE COMMISSION EN BANC, AS THE
CASE MAY BE, SHALL, FOR THE SOLE PURPOSE OF VERIFYING THE
ACTUAL NUMBER OF VOTES CAST FOR PRESIDENT AND VICE-
PRESIDENT OR SENATOR, COUNT THE VOTES AS THEY APPEAR IN
THE COPIES OF THE ELECTION RETURNS SUBMITTED TO IT. "IN
CASE OF ANY DISCREPANCY, INCOMPLETENESS, ERASURE OR
ALTERATION AS MENTIONED ABOVE, THE PROCEDURE ON PRE-
PROCLAMATION CONTROVERSIES SHALL BE ADOPTED AND
APPLIED AS PROVIDED IN SECTIONS 17,18,19 AND 20
"ANY PERSON WHO PRESENTS IN EVIDENCE A SIMULATED
COPY OF AN ELECTION RETURN, CERTIFICATE OF CANVASS
OR STATEMENT OF VOTES, OR A PRINTED COPY OF AN
ELECTION RETURN, CERTIFICATE OF CANVASS OR
STATEMENT OF VOTES BEARING A SIMULATED
CERTIFICATION OR A SIMULATED IMAGE, SHALL BE GUILTY
OF AN ELECTION OFFENSE.
"ANY VIOLATION OF THIS SECTION, OR ITS PERTINENT PORTION,
SHALL CONSTITUTE AN ELECTION OFFENSE AND SHALL BE
PENALIZED IN ACCORDANCE WITH BATAS PAMBANSA BLG. 881.
"IN ADDITION, THE FOLLOWING SHALL LIKEWISE BE GUILTY OF AN
ELECTION OFFENSE: "
(A) ANY PERSON WHO REMOVES THE CERTIFICATE OF CANVASS
POSTED ON THE WALL, WHETHER WITHIN OR AFTER THE
PRESCRIBED FORTY-EIGHT (48) HOURS OF POSTING, OR DEFACES
THE SAME IN ANY MANNER; "
(B) ANY PERSON WHO SIMULATES AN ACTUAL
CERTIFICATE OF CANVASS OR STATEMENT OF
VOTES, OR A PRINT OR DIGITAL COPY THEREOF; "
(C) ANY PERSON WHO SIMULATES THE
CERTIFICATION OF A CERTIFICATE OF CANVASS OR
STATEMENT OF VOTES;
"(D) THE CHAIRMAN OR ANY MEMBER OF THE BOARD OF
CANVASSERS WHO, DURING THE PRESCRIBED PERIOD OF
POSTING, REMOVES THE CERTIFICATE OF CANVASS OR ITS
SUPPORTING STATEMENT OF VOTES FROM THE WALL ON
WHICH THEY HAVE BEEN POSTED OTHER THAN FOR THE
PURPOSE OF IMMEDIATELY TRANSFERRING THEM TO A
MORE SUITABLE PLACE; "
E) THE CHAIRMAN OR ANY MEMBER OF THE BOARD
(

OF CANVASSERS WHO SIGNS OR AUTHENTICATES A

PRINT OF THE CERTIFICATE OF CANVASS OR ITS
SUPPORTING STATEMENT OF VOTES OUTSIDE OF
THE POLLING PLACE; AND
"(F) THE CHAIRMAN OR ANY MEMBER OF THE BOARD OF
CANVASSERS WHO SIGNS OR AUTHENTICATES A PRINT
WHICH BEARS AN IMAGE DIFFERENT FROM THE
CERTIFICATE OF CANVASS OR STATEMENT OF VOTES
PRODUCED AFTER COUNTING AND POSTED ON THE
WALL." ELECTION OFFENSE AND SHALL BE PENALIZED IN
ACCORDANCE WITH BATAS PAMBANSA BLG. 881."
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