Notes for Administrative Law, Law on Public Officers and Election Law

Atty. R. Raypon | S. Bance

Page 1 of 3

Notes in Administrative Law, Law

on Public Officers and Election Law
Law on Public Officers
Chapter One
DEFINITIONS, DISTINCTIONS, AND
CLASSIFICATIONS
Office

Position or function by virtue of which a person has some

employment in the affairs of another, whether the incumbent is
selected by appointment or election, and whether he is appointed
during the pleasure of the appointing power or for a fixed term.

Public Office
Right, authority and duty created and conferred by law, by which
for a given period, either fixed by law or enduring at the pleasure
of the appointing power, an individual is invested with some portion
of the sovereign functions of the government, to be exercised by
him for the benefit of the public.
Charge, station or employment conferred by appointment or
election by a government.
Public Office is a public trust
Public office are created for effecting the end

Law on Public Officers

A.
B.
C.
D.
E.
F.
G.
H.

I.
J.
K.
L.

M.

General Principles
Modes of acquiring title to public office
Modes and kinds of appointment
Eligibility and qualification requirements
Disabilities and inhibitions of public officers
Powers and duties of public officers
Rights of public officers
Liabilities of public officers
a. Preventive suspension and back salaries
b. Illegal dismissal, reinstatement and back
salaries
Immunity of public officers
De factor officers
Termination of official relation
The Civil Service
a. Scope
b. Appointments to the civil service
c. Personnel actions
d. Uniform rules on administrative cases in the
civil service
Accountability of public
a. Impeachment
b. Ombudsman (Secs 5 14, Article XI of the
1987 Constitution in relation to RA 6770, or
otherwise known as The Ombudsman Act of
1989)
i. Jurisdiction and Functions
ii. Administrative Penalties
iii. Appeal and Judicial Review

Administrative Law
A. General principles
B. Administrative agencies
a. Definition
b. Manner of creation
c. Kinds
C. Powers of administrative agencies
a. Quasi-legislative (rule-making) power
i. Kinds of administrative rules and
regulations
ii. Requisites for validity
b. Quasi-judicial (adjudicatory) power
i. Administrative due process
ii. Administrative res judicata
c. Fact-finding, investigative, licensing and
fate-fixing powers
D. Judicial recourse and review
a. Doctrine
of
primary
administrative
jurisdiction
b. Doctrine of exhaustion of administrative
remedies
c. Doctrine of finality of administrative action

Election Law
A.
B.
C.
D.
E.

Suffrage
Qualification and disqualification of voters
Registration of voters
Inclusion and exclusion proceedings
Political parties

F.

G.

H.

I.

a. Jurisdiction of the COMELEC over political

parties
b. Registration
Candidacy
a. Qualifications of candidates
b. Filing of certificates of candidacy
i. Effect of filing
ii. Substitution of candidates
iii. Ministerial duty of COMELEC to
receive certificate
iv. Nuisance candidates
v. Petition to deny or cancel certificates
of candidacy
vi. Effect of disqualification
vii. Withdrawal of candidates
Campaign
a. Premature campaigning
b. Prohibited contributions
c. Lawful and prohibited election propaganda
d. Limitations on expenses
e. Statement of contributions and expenses
Board of Election Inspectors and Board of
Canvassers
a. Composition
b. Powers
Remedies and jurisdiction in election law
a. Petition not to give due course or to cancel
a certificate of candidacy
b. Petition for disqualification
c. Petition to declare failure of elections
d. Pre-proclamation controversy
e. Election protest

Notes for Administrative Law, Law on Public Officers and Election Law
Atty. R. Raypon | S. Bance
Page 3 of 3

f. Quo warranto
g. Prosecution of election offenses
h.