ADMINISTRATIVE LAW (NEW ERA UNIVERSITY COLLEGE OF LAW) ASSIGNMENT FOR MAY 12, 2017


ADMINISTRATIVE LAW (NEW ERA UNIVERSITY COLLEGE OF LAW) ASSIGNMENT FOR MAY 12, 2017

Campaign, Election Propaganda, etc.

  1. Concept, Campaign, Campaign Period, Election Period, Lawful and Prohibited Election Propaganda, Prohibited Contributions, Lawful Expenditures, Limitations on Expenses and Statement of Contributions and Expenses
  2. Laws and Cases
  • R.A. 9006 or the Fair Elections Act of 2007
  • Sections 13 & 14, R.A. 7166
  • GMA Network, Inc. v. Comelec, GR 205357, Sept. 2, 2014
  • Ejercito v. Comelec, GR 212398, Nov. 25, 2014
  • Diocese of Bacolod v. Comelec, GR 205728, Jan. 21, 2015
  • 1-UTAK v. Comelec, GR 206020, April 14, 2015

Political Party and Party-List Organization

  1. Definitions, PP, PLO, Groups Unregistrable as Political Parties, Grounds for Cancellation of Registration, Registration, Participation in the Party-list System, Refusal and/or Cancellation of Registration, Nomination and Qualifications of Party-list nominees, Manner of Voting, Number, and Raffle
  2. Cases
  • Palparan v. HRET, GR 189506, Feb. 11, 2012
  • Paglaum v. COMELEC, GR 203766, April 2, 2013

Automated Elections

  1. History, Automated Election System, Paper-based Election System, Minimum System Capabilities, Continuity Plan, Advisory Council, Joint Congressional Oversight Committee, and National Board of Canvassers
  2. Laws and Cases
  • R.A. 9369
  • Roque v. Comelec, GR 188456, Sept. 10, 2009
  • Capalla v. Comelec, GR 201112, June 13, 2012

Recall

  1. Grounds and Procedure,
  2. Laws and Cases
  • Sections 69-74, R.A. 7160
  • R.A. 9244
  • Comelec Resolution No. 7505
  • Claudio v. Comelec, GR 140560. May 4, 2000, 331 SCRA 388
  • Goh v. Bayron, GR 212584, Nov. 25, 2014

Failure of Elections, Postponement of Elections, Special Elections

  1. Grounds Declaration of Failure and Postponement of Elections and Call for Special Elections
  2. Laws and Cases
  • Sections 6-7, Article I, Omnibus Election Code
  • Sison v. Comelec, GR 134096, 03 March 1999
  • Ampatuan v. Comelec, G. R. No. 149803. Jan. 31, 2002, 375 SCRA 503

Election Offenses

  1. Vote-buying, Vote-selling, Electoral Sabotage, etc., Persons Criminally Liable, Penalties, Prosecution, Prescription, and Jurisdiction
  2. Laws and Cases
  • Sections 261-268, Article CCII, Omnibus Election Code
  • R.A. 9369
  • Comelec v. Tagle, GR 148948 & 148951-60. Feb. 17, 2003, 397 SCRA 618
  • Tapispisan v. CA, GR 157950, June 8, 2005

Election Adjudication System

  1. Jurisdiction of Municipal Trial Courts, Regional Trial Courts and Comelec, Procedure in election contests: Courts, Comelec, and Procedures before the House of Representatives Electoral Tribunal, Senate Electoral Tribunal and Presidential Electoral Tribunal
  2. Laws and Cases
  • Section 2, Article IX (c), 1987 Constitution
  • Sections 249-252, Article XXI, Omnibus Election Code
  • 2010 Rules of Procedure in Election Contests
  • Rules of Procedure in Election Contests Before the Courts Involving Elective Municipal and Barangay Officials
  • Comelec Resolution No. 8804
  • Comelec Resolution No.9164
  • Jalosjos v. Comelec, GR 192474, June 26, 2012
  • Lokin v. Comelec, GR 179431-321, June 22, 2010

Appeal and Other Election Issues

  1. Quo Warranto, Substitution, Withdrawal of Certificate of Candidacy, Execution of Pending Appeal, and Appeal Fee/Filing Fee
  2. Laws and Cases
  • Sections 73, 76 and 253, Omnibus Election Code
  • Comelec Resolution No. 9518
  • Divinagracia v. COMELEC, GR 186007 & 186016, July 27, 2009
  • Cerafica v. Comelec, GR 205136, Dec. 2, 2014

ADMINISTRATIVE LAW (NEW ERA UNIVERSITY COLLEGE OF LAW) ASSIGNMENT FOR APRIL 28 AND MAY 5, 2017


ADMINISTRATIVE LAW (NEW ERA UNIVERSITY COLLEGE OF LAW) ASSIGNMENT FOR APRIL 28 AND MAY 5, 2017

Right of Suffrage

  1. Definition and historical background
  2. Cases:
  • Moya v. Del Fierro, GR L-46863. Nov. 18, 1939, 69 Phil. 199
  • Badelles v. Cabili, GR L-29333, Feb. 27, 1969
  • Dissenting Opinion of Justice Puno in Tolentino v. Comelec, GR 148334, Jan. 21, 2004

Commission on Elections (Comelec)

  1. History, Composition, Qualifications of Members, Powers and Functions under the 1987 Constitution and the Omnibus Election Code, and Field Offices
  2. Laws and Cases:
      • Batas Pambansa Bilang 881 or the Omnibus Election Code of 1985, as amended
      • Roque v. Comelec, GR 188456, Sept. 10, 2009 (Read the ponencia and separate concurring opinion of CJ Puno and the Resolution of the Motion for Reconsideration dated 10 Feb. 2010)
      • Arroyo v. DOJ and Comelec, GR 199082, Sept. 18, 2012 and 23 July 2013
      • Ongsioko Reyes v. Comelec, GR 207264, June 25, 2013 and Oct. 22, 2013

Voters

  1. Qualifications for Suffrage, Disqualifications, Local Absentee Voters, Overseas Absentee Voters, and Detainees, Person With Disabilities, Indigenous Peoples, and Media
  2. Laws and Cases
      • Section 118, Omnibus Election Code
      • E.O. 157 (Local Absentee Voting Law)
      • Section 12 of R.A. 7166
      • R.A. 9189 (Overseas Absentee Voting Act of 2003), as amended by R.A. 10590 or “The Overseas Voting Act of 2013”
      • R.A. 10380 (Local Absentee Voting for Media)
      • People v. Corral, GR L-42300. Jan. 31, 1936, 62 Phil. 945
      • Macalintal v. Comelec, GR 157013. July 10, 2003

Registration of Voters

  1. Qualifications of Voters, Disqualifications, Election Registration Board, Deactivation, Reactivation and Cancellation of Registration, Inclusion and Exclusion Proceedings, and Jurisdiction
  2. Laws and Cases
      • Omnibus Election Code
      • R.A. 8189 (The Voters Registration Act of 1996)
      • Yra v. Abano, GR 30187. Nov. 15, 1928
      • Akbayan Youth v. Comelec, GR 147066. March 26, 2001

Candidates

  1. Qualifications, Disqualifications, Certificates of Candidacy, and Nuisance Candidates
  2. Laws and Cases
      • Sections 63-78, Article XI, Omnibus Election Code
  • Section 40, R.A. 7160
  • Risos-Vidal v. Comelec, GR 206666, Jan. 21, 2015
  • Arnado v. Comelec, GR 210164, Aug. 18, 2015
  • Caballero v. Comelec, GR 209835, Sept. 22, 2015

Campaign, Election Propaganda, etc.

  1. Concept, Campaign, Campaign Period, Election Period, Lawful and Prohibited Election Propaganda, Prohibited Contributions, Lawful Expenditures, Limitations on Expenses and Statement of Contributions and Expenses
  2. Laws and Cases
  • R.A. 9006 or the Fair Elections Act of 2007
  • Sections 13 & 14, R.A. 7166
  • GMA Network, Inc. v. Comelec, GR 205357, Sept. 2, 2014
  • Ejercito v. Comelec, GR 212398, Nov. 25, 2014
  • Diocese of Bacolod v. Comelec, GR 205728, Jan. 21, 2015
  • 1-UTAK v. Comelec, GR 206020, April 14, 2015

Political Party and Party-List Organization

  1. Definitions, PP, PLO, Groups Unregistrable as Political Parties, Grounds for Cancellation of Registration, Registration, Participation in the Party-list System, Refusal and/or Cancellation of Registration, Nomination and Qualifications of Party-list nominees, Manner of Voting, Number, and Raffle
  2. Cases
  • Palparan v. HRET, GR 189506, Feb. 11, 2012
  • Paglaum v. COMELEC, GR 203766, April 2, 2013

Automated Elections

  1. History, Automated Election System, Paper-based Election System, Minimum System Capabilities, Continuity Plan, Advisory Council, Joint Congressional Oversight Committee, and National Board of Canvassers
  2. Laws and Cases
  • R.A. 9369
  • Roque v. Comelec, GR 188456, Sept. 10, 2009
  • Capalla v. Comelec, GR 201112, June 13, 2012

Recall

  1. Grounds and Procedure,
  2. Laws and Cases
  • Sections 69-74, R.A. 7160
  • R.A. 9244
  • Comelec Resolution No. 7505
  • Claudio v. Comelec, GR 140560. May 4, 2000, 331 SCRA 388
  • Goh v. Bayron, GR 212584, Nov. 25, 2014

Failure of Elections, Postponement of Elections, Special Elections

  1. Grounds Declaration of Failure and Postponement of Elections and Call for Special Elections
  2. Laws and Cases
  • Sections 6-7, Article I, Omnibus Election Code
  • Sison v. Comelec, GR 134096, 03 March 1999
  • Ampatuan v. Comelec, G. R. No. 149803. Jan. 31, 2002, 375 SCRA 503

Election Offenses

  1. Vote-buying, Vote-selling, Electoral Sabotage, etc., Persons Criminally Liable, Penalties, Prosecution, Prescription, and Jurisdiction
  2. Laws and Cases
  • Sections 261-268, Article CCII, Omnibus Election Code
  • R.A. 9369
  • Comelec v. Tagle, GR 148948 & 148951-60. Feb. 17, 2003, 397 SCRA 618
  • Tapispisan v. CA, GR 157950, June 8, 2005

Election Adjudication System

  1. Jurisdiction of Municipal Trial Courts, Regional Trial Courts and Comelec, Procedure in election contests: Courts, Comelec, and Procedures before the House of Representatives Electoral Tribunal, Senate Electoral Tribunal and Presidential Electoral Tribunal
  2. Laws and Cases
  • Section 2, Article IX (c), 1987 Constitution
  • Sections 249-252, Article XXI, Omnibus Election Code
  • 2010 Rules of Procedure in Election Contests
  • Rules of Procedure in Election Contests Before the Courts Involving Elective Municipal and Barangay Officials
  • Comelec Resolution No. 8804
  • Comelec Resolution No.9164
  • Jalosjos v. Comelec, GR 192474, June 26, 2012
  • Lokin v. Comelec, GR 179431-321, June 22, 2010

Appeal and Other Election Issues

  1. Quo Warranto, Substitution, Withdrawal of Certificate of Candidacy, Execution of Pending Appeal, and Appeal Fee/Filing Fee
  2. Laws and Cases
  • Sections 73, 76 and 253, Omnibus Election Code
  • Comelec Resolution No. 9518
  • Divinagracia v. COMELEC, GR 186007 & 186016, July 27, 2009
  • Cerafica v. Comelec, GR 205136, Dec. 2, 2014

ADMINISTRATIVE LAW (NEW ERA UNIVERSITY COLLEGE OF LAW) ASSIGNMENT FOR APRIL 21, 2017


ADMINISTRATIVE LAW (NEW ERA UNIVERSITY COLLEGE OF LAW) ASSIGNMENT FOR APRIL 21, 2017

Exceptions, as provided in the Constitution

Transfer

Detail

Reassignment

Demotion

Resignation

Abandonment of office

Removal from office

Reinstatement

Prohibitions

(a) against concerted mass actions in the public sector

(b) against midnight appointments

(c) against nepotism

Disciplinary Action and Preventive Suspension

Reorganization

Abolition of office

Absorption, transfer, and/or merger

Classes of Positions in the Career Service


Classes of Positions in the Career Service

SECTION 8. Classes of Positions in the Career Service.—(1) Classes of positions in the career service appointment to which requires examinations shall be grouped into three major levels as follows:

(a) The first level shall include clerical, trades, crafts, and custodial service positions which involve non-professional or subprofessional work in a non-supervisory or supervisory capacity requiring less than four years of collegiate studies;

(b) The second level shall include professional, technical, and scientific positions which involve professional, technical, or scientific work in a non-supervisory or supervisory capacity requiring at least four years of college work up to Division Chief level; and

(c) The third level shall cover positions in the Career Executive Service.

(2) Except as herein otherwise provided, entrance to the first two levels shall be through competitive examinations, which shall be open to those inside and outside the service who meet the minimum qualification requirements. Entrance to a higher level does not require previous qualification in the lower level. Entrance to the third level shall be prescribed by the Career Executive Service Board.

(3) Within the same level, no civil service examination shall be required for promotion to a higher position in one or more related occupational groups. A candidate for promotion should, however, have previously passed the examination for that level [Executive Order No. 292 [BOOK V/Title I/Subtitle A/Chapter 2-Coverage of the Civil Service]].

Appointment


Appointment defined

An “appointment” to a public office is the unequivocal act of designating or selecting by one having the authority therefor of an individual to discharge and perform the duties and functions of an office or trust.  The appointment is deemed complete once the last act required of the appointing authority has been complied with and its acceptance thereafter by the appointee in order to render it effective.  Appointment necessarily calls for an exercise of discretion on the part of the appointing authority.

In short, appointment is an act by which a person is selected and invested with an office.

Classifications of civil service positions


Classifications of civil service positions

Civil service positions are currently classified into either 1) career service and 2) non-career service positions.[18]

Career positions are characterized by: (1) entrance based on merit and fitness to be determined as far as practicable by competitive examinations, or based on highly technical qualifications; (2) opportunity for advancement to higher career positions; and (3) security of tenure.[19]

In addition, the Administrative Code, under its Book V, sub-classifies career positions according to appointment status, divided into: 1) permanent which is issued to a person who meets all the requirements for the positions to which he is being appointed, including the appropriate eligibility prescribed, in accordance with the provisions of law, rules and standards promulgated in pursuance thereof; and 2) temporary which is issued, in the absence of appropriate eligibles and when it becomes necessary in the public interest to fill a vacancy, to a person who meets all the requirements for the position to which he is being appointed except the appropriate civil service eligibility; provided, that such temporary appointment shall not exceed twelve months, and the appointee may be replaced sooner if a qualified civil service eligible becomes available.[20]

Positions that do not fall under the career service are considered non-career positions, which are characterized by: (1) entrance on bases other than those of the usual tests of merit and fitness utilized for the career service; and (2) tenure which is limited to a period specified by law, or which is co-terminous with that of the appointing authority or subject to his pleasure, or which is limited to the duration of a particular project for which purpose employment was made.[21]

Examples of positions in the non-career service enumerated in the Administrative Code are:

Sec. 9. Non-Career Service. – x x x

The Non-Career Service shall include:

(1) Elective officials and their personal or confidential staff;

(2) Secretaries and other officials of Cabinet rank who hold their positions at the pleasure of the President and their personal or confidential staff(s);

(3) Chairman and members of commissions and boards with fixed terms of office and their personal or confidential staff;

(4) Contractual personnel or those whose employment in the government is in accordance with a special contract to undertake a specific work or job, requiring special or technical skills not available in the employing agency, to be accomplished within a specific period, which in no case shall exceed one year, and performs or accomplishes the specific work or job, under his own responsibility with a minimum of direction and supervision from the hiring agency; and

(5) Emergency and seasonal personnel.

Political lame duck


Political lame duck

A political lame duck is an elected official whose successor has already been elected. The official is often seen as having less influence with other politicians due to their limited time left in office. Conversely, a lame duck is free to make decisions that exercise their standard powers with little fear of consequence, such as issuing executive orders, pardons, or other controversial edicts. Lame duck politicians result from term limits, planned retirement, or electoral losses (https://en.wikipedia.org – last accessed 4-3-17).