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Marquez vs. Commission on Elections

28th June 2022

ak986321
924 Phil. 179 , G.R. No. 258435
Primary Holding
The Commission on Elections gravely abuses its discretion when it declares a candidate a nuisance based on grounds such as being "virtually unknown" or lacking political party affiliation, as these are effectively indirect means of imposing a property or financial capacity requirement, which is unconstitutional. The bona fide intention to run for office cannot be conflated with a candidate's financial capacity, popularity, or political connections, and the burden of proving that a candidate is a nuisance rests on the party alleging it, not on the candidate.
Background
Norman Cordero Marquez filed his Certificate of Candidacy (COC) for Senator for the May 9, 2022 National and Local Elections. Subsequently, the COMELEC Law Department initiated a motu proprio petition to declare him a nuisance candidate, alleging he had no bona fide intention to run, was not publicly known, ran as an independent candidate without party support, and lacked the capability to mount a nationwide campaign. This was Marquez's second attempt to run for Senator, having been previously declared a nuisance candidate for the 2019 elections on grounds of financial incapacity, a declaration later overturned by the Supreme Court.
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Peñas v. Commission on Elections

15th February 2022

ak856264
919 Phil. 513 , UDK-16915
Primary Holding
The COMELEC's inordinate and unjustified delay of approximately six years in conducting and resolving the preliminary investigation for an election offense violates the accused's constitutional right to a speedy disposition of cases, warranting the dismissal of the complaint.
Background
The case arose from petitioner Joseph Roble Peñas's candidacy for Mayor of Digos City in the 2010 National and Local Elections. After the election, he filed his Statement of Contributions and Expenditures (SOCE), declaring P600,000.00 in expenses. The COMELEC Campaign Finance Unit later informed him that, based on the number of registered voters and the P3.00 per voter limit for candidates belonging to a political party, his allowed expenditure was only P281,403.00, indicating he had overspent. This led to a formal complaint for election overspending.
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Baysa vs. Santos

2nd December 2021

ak431265
917 Phil. 372 , G.R. No. 254328
Primary Holding
Administrative complaints are not the appropriate remedy for alleged errors committed by a quasi-judicial officer in the exercise of their adjudicative functions where judicial remedies exist and are available; administrative liability for such acts requires clear proof of bad faith, premeditation, obstinacy, or intentional wrongdoing, which was not established in this case.
Background
The case originated from DARAB Case No. R-03-02-990799, where petitioner Baysa, as PARAD, rendered a decision in favor of tenants Cabral and Vda. de Almario against Spouses Pascual. This decision became final and executory. During the execution stage, a writ of demolition was sought, and respondent Santos, who claimed ownership of an adjoining property allegedly affected by the demolition, became involved despite not being an original party. Santos alleged her property was erroneously included and that she was denied due process.
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Seares, Jr. vs. National Electrification Administration Board

18th November 2021

ak673905
916 Phil. 91 , G.R. No. 254336
Primary Holding
The National Electrification Administration Board (NEAB) violated a petitioner's right to due process when it failed to clearly and distinctly state the specific factual findings corresponding to each administrative charge, thereby preventing the petitioner from adequately preparing a defense. Furthermore, administrative liability requires substantial evidence, and mere reliance on an audit report without specific proof of corruption, willful intent to violate the law, or flagrant disregard of established rules for grave misconduct, malicious intent for dishonesty, or want of even slight care for gross negligence, is insufficient to hold an official liable.
Background
Petitioner Loreto P. Seares, Jr. was appointed General Manager of Abra Electric Cooperative, Inc. (ABRECO) in October 2007. The National Electrification Administration (NEA), through its Electric Cooperative Audit Department (ECAD), conducted a motu proprio audit of ABRECO covering July 1, 2013, to October 31, 2016. The audit revealed numerous issues, including deteriorating financial conditions, unpaid obligations, delayed remittances of mandatory contributions, borrowing from outside sources at high interest, overcharging consumers, high system losses, breakdown in disbursement and cash handling, non-submission of documents for subsidy funds, and improper procurement procedures, all attributed to ineffective management by Seares.
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Venus Commercial Co., Inc. vs. Department of Health

18th November 2021

ak645370
916 Phil. 16 , G.R. No. 240764
Primary Holding
The challenged provisions of Republic Act No. 3720, as amended by Republic Act No. 9711, specifically Sections 10(ff), 12(a), and 30(4), as well as Section 2(b) paragraph (5), Article III of Department Circular No. 2011-0101 (IRR), and FDA Personnel Order No. 2014-220, are not unconstitutional. The FDA's authority to issue orders of seizure, hold products in custody, and padlock establishments, even pending hearing, is a valid exercise of police power for public health protection, falls under permissible administrative searches, does not constitute undue delegation of legislative power, and does not violate due process or the right against self-incrimination.
Background
The case arose from a complaint by EcoWaste Coalition to the Food and Drug Administration (FDA) regarding the alleged high lead content in Artex Fine Water Colors manufactured by petitioner Venus Commercial Co., Inc. (Venus) without FDA approval. Subsequent FDA laboratory analysis confirmed that the lead content in the watercolor samples exceeded the maximum tolerable limits. This led the FDA to issue Personnel Order No. 2014-220 authorizing the inspection of Venus's premises, seizure of the violative watercolors, and/or padlocking of the establishment, prompting Venus to challenge the legality and constitutionality of the FDA's actions and the underlying laws.
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Power Sector Assets and Liabilities Management Corporation vs. Commission on Audit

16th November 2021

ak019777
915 Phil. 356 , G.R. No. 247924
Primary Holding
The Commission on Audit (COA) commits grave abuse of discretion when it inordinately delays action on a government agency's request for concurrence to engage private legal counsel and subsequently denies the request solely on the ground of lack of such prior concurrence, especially when the delay hampers the agency's fulfillment of its mandate. Furthermore, while COA has the discretion to require pre-audit, its unreasonable delay in exercising this function can excuse non-compliance by the requesting agency.
Background
The case arose from PSALM's need to engage international and Philippine legal advisors for the privatization of generation assets and Independent Power Producer (IPP) contracts of the National Power Corporation (NPC), a mandate under the Electric Power Industry Reform Act (EPIRA) of 2001. PSALM sought the concurrence of both the Office of the Government Corporate Counsel (OGCC) and the COA for these engagements due to the highly technical expertise required, particularly in international public bidding and IPP contracts, which was crucial for bolstering investor confidence and meeting EPIRA's privatization timelines.
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Field Investigation Office, Office of the Ombudsman vs. Yuzon

11th November 2021

ak931882
914 Phil. 426 , G.R. No. 215985 , G.R. No. 216001 , G.R. No. 216135
Primary Holding
Public officials commit grave misconduct and serious dishonesty when they flagrantly disregard procurement laws and rules by, among others, resorting to unauthorized alternative methods of procurement, awarding contracts to unqualified bidders based on non-responsive offers, allowing material alterations to project specifications after the award without a new bidding, and falsifying or certifying false information in official documents to conceal irregularities, thereby warranting their dismissal from service.
Background
The case originated from administrative complaints filed with the Office of the Ombudsman (OMB) under OMB-C-A-08-0659-L, charging several officials of the Provincial Government of Bataan with dishonesty, grave misconduct, and abuse of authority in connection with the alleged anomalous purchase of a patrol boat for the Bataan Provincial Anti-Illegal Fishing Task Force.
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Serrano vs. Fact-Finding Investigation Bureau, Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices

13th October 2021

ak361005
913 Phil. 300 , G.R. No. 219876
Primary Holding
A COA Resident Auditor's unjustified inaction and failure to perform mandated audit activities, such as prioritizing the audit of high-value transactions, demanding compliance with reportorial requirements, suspending salaries for non-compliance, and reporting irregularities, despite the lifting of pre-audit, constitutes grave misconduct due to a clear and deliberate intent to disregard established COA rules and regulations, warranting dismissal from service.
Background
The Philippine National Police (PNP) initiated a program for the repair and refurbishing of twenty-eight (28) V-150 Light Armored Vehicles (LAVs), for which the Department of Budget and Management (DBM) released P409,740,000.00. Subsequent investigations by the Commission on Audit (COA) and the Criminal Investigation and Detection Group (CIDG) revealed significant irregularities and illegalities in the procurement process undertaken by the PNP Logistics Support Service - Bids and Awards Committee (LSS-BAC).
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