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PUBLIC CORP FINALS TRANSCRIPT b) Registered voter in the locality/district where he intends to be elected
c) Resident in the locality/district where he intends to be elected at least 1 year immediately
ELECTIVE OFFICIALS preceding the election
d) Able to read and write Filipino or any local language or dialect.
QUALIFICATIONS e) Age: 23, 21, 18, 15-18

Section 39. Qualifications. – A. Citizenship


(a) An elective local official must be a citizen of the Philippines; a registered voter in the → Natural-born; or
barangay, municipality, city, or province or, in the case of a member of the sangguniang → Naturalized
panlalawigan, sangguniang panlungsod, or sangguniang bayan, the district where he
intends to be elected; a resident therein for at least one (1) year immediately preceding NOTE: citizenship requirement does not specify that the local elective official be a natural
the day of the election; and able to read and write Filipino or any other local language or born, unlike the President, VP, Senators, House of Representatives, Justices of the SC,
dialect. Ombudsman and the members of the Constitutional Commissions that they must be natural-
born Filipinos. In the case of local elective officials, it is not required. So even if a naturalized
(b) Candidates for the position of governor, vice-governor, or member of the Filipino can be a mayor.
sangguniang panlalawigan, or mayor, vice-mayor or member of the sangguniang
panlungsod of highly urbanized cities must be at least twenty-one (23) years of age on • Frivaldo vs Comelec
election day. - The law does not specify any particular date or time when the candidate must
possess citizenship, unlike that for residence (which must consist of at least one
(c) Candidates for the position of mayor or vice-mayor of independent component cities, year's residency immediately preceding the day of election) and age (at least twenty
component cities, or municipalities must be at least twenty-one (21) years of age on three years of age on election day).
election day. - So too, even from a literal (as distinguished from liberal) construction, it should be
noted that Section 39 of the Local Government Code speaks of "Qualifications" of
(d) Candidates for the position of member of the sangguniang panlungsod or "ELECTIVE OFFICIALS", not of candidates. Why then should such qualification be
sangguniang bayan must be at least eighteen (18) years of age on election day. required at the time of election or at the time of the filing of the certificates of
candidacies, as Lee insists? Literally, such qualifications -- unless otherwise
(e) Candidates for the position of punong barangay or member of the sangguniang expressly conditioned, as in the case of age and residence -- should thus be
barangay must be at least eighteen (18) years of age on election day. possessed when the "elective [or elected] official" begins to govern, i.e., at the time
he is proclaimed and at the start of his term -- in this case, on June 30, 1995. Thus,
(f) Candidates for the sangguniang kabataan must be at least fifteen (15) years of age if the purpose of the citizenship requirement is to ensure that our people and
but not more than twenty-one (21) years of age on election day. country do not end up being governed by aliens, i.e., persons owing allegiance to
another nation, that aim or purpose would not be thwarted but instead achieved by
2005 Bar: In the May 8, 1995 election for local officials whose terms were to commence on June construing the citizenship qualification as applying to the time of proclamation of the
30, 1995, Ricky filed on March 20, 1995 his certificate of candidacy for the Office of Governor of elected official and at the start of his term.
Laguna. He won, but his qualifications as an elected official was questioned. It is admitted that he - Therefore, the citizenship requirement in the LGC is to be possessed by an elective
is repatriated Filipino citizen and a resident of the Province of Laguna. To be qualified for the office official at the latest as of the time he is proclaimed and at the start of the term of
to which a local official has been elected, when at the latest should he: office to which he has been elected. Registration under PD 725 (Repatriation) is
(a) A Filipino citizen? Explain. valid and effective and retroacts to the date of the application. Thus, Frivaldo’s
(b) A resident of the locality? Explain. repatriation is to be given effect as of the date of his application therefor.

→ Answer: B. Residence (Residence is synonymous with “domicile” in election laws.)


- Question (a): The citizenship requirement in the LGC refer to that of “Elective” officials, → Residence: (1) temporary – physical presence for particular or temporary purpose or
not of “Candidates”, hence, this qualification needs to be possessed by the official not at calling; or (2) permanent
the time he filed his certificate of candidacy but at the time of the commencement of → Domicile: permanent (coupled with animus manendi)
office, after he takes his oath of office and assumes his post. (Frivaldo case)
• When is residence temporary or permanent?
*FRIVALDO DOCTRINE – the date of repatriation shall retroact to the date of the - Residence is temporary depending on the purpose. It’s not the length but the
application for repatriation. purpose.
o If the purpose for being there physically is temporary, then that place is
- Question (b): The term residence is synonymous with domicile, which imports not only your temporary residence. A purpose is temporary if there is a
intention to reside in a fixed place but also personal presence in that place, coupled with definite beginning and a definite end, such as:
conduct indicative of such intention, at least 1 year immediately preceding the election. - studying (from enrollment to graduation, unless otherwise
(Gallego case) expelled earlier. haha)
- business
• Qualifications: - exercise of profession
a) Citizen of the Philippines - working abroad looking for greener pasture.

By: RLB                    
 
Mr. Tiu is disqualified to run for Mayor in Cebu City. What does Mr. Tiu needs to establish in
o Otherwise, it is permanent. SC said that a permanent undertaking or order to qualify to run for Mayor in Cebu City?
purpose is to live in a family or conjugal dwelling (because “till death do Answer: No, I have abandoned Surigao City already. Wai ayu ang Surigao City.
us part” mana dili mana “till annulment, do us part.”) Because (1) I am in actual physical presence in the new domicile, evidenced by a
certification issued by the Brgy. Captain showing that I have a residence and
→ For purposes of Election Law, there are 2 kinds of domicile: community tax; (2) I have acquired a new residential house, an indication that I
(1) Domicile of origin – domicile of your parents at the time of your birth. intent to live permanently in Cebu City; (3) I have asked my family to come live
(2) Domicile of choice – when you change your domicile of origin and acquire a with me in Cebu City and I have sold my conjugal dwelling and business in Surigao
new one, then that is now your domicile of choice. City, showing my intention not to go back there.

*VERY IMPORTANT PRINCIPLE: there can only be one domicile at a time. But there can be • Proof of Abandonment of Old Domicile (Gallego vs Romualdez Case):
two ore more residences at a time. - Actual physical presence in the new domicile
- Animus manendi in the new domicile, and
MCQ Problem: X, a natural-born Filipino citizen, studied law in the University of San Carlos in - Animus non-revertendi (intention not to return) to domicle of origin
Cebu City from 1990 until 1994. He became a member of the Philippine Bar in 1995. In 1998,
he went to Harvard University in the USA and studied Master of Laws (LLM) in International *Rest house is not proof of the intent to live permanently, on the contrary, it is proof of
Law. (murag educational background lagi ni Atty. DBL aaaai..) He finished his LLM- intent not to live permanently. No matter how long you stay in a rest house, it shall
International Law degree in 2001 after which he worked as paralegal of an American law firm never be considered as a domicile. Why? The purpose of going to a rest house is TO
specializing in International Law practice until 2007. In 2008, he came back to the Philippines REST. It’s not permanent, it’s temporary. (The only permanent purpose that has to do
and is now contemplating of running for Governor in the Province of Cebu in the 2013 local with rest is rest in peace. HAHA) – Domino vs Comelec
elections. What should X prove in order to establish that he has complied with the residence
requirement? Answer: C • Faypon vs Quirino
- Mere absence from one's residence of origin – domicile – to pursue studies, engage
A. Physical presence in Cebu Province since 2008, animus manendi in the in business, or practice his avocation, is not sufficient to constitute abandonment or
Philippines, and animus non-revertendi to the US; loss of such residence. The determination of a person's legal residence or domicile
largely depends upon intention which may be inferred from his acts, activities and
B. Physical presence in the Philippines since 2008, animus manendi in the utterances. The party who claims that a person has abandoned or lost his residence
Philippines, animus revertendi in the Philippines; of origin must show and prove preponderantly such abandonment or loss. A
previous registration as voter in a municipality other than that in which he is elected
C. Animus manendi in the Philippines and animus revertendi to the Philippines; is not sufficient to constitute abandonment or loss of his residence of origin.
- A citizen may leave the place of his birth to look for “greener pastures”, as the
D. Animus manendi in the Philippines and animus non-reventendi to the US. saying goes, to improve his lot, and that, of course includes study in other places,
practice of his avocation, or engaging in business. When an election is to be held,
Example: Assuming Mr. Tiu is married, his wife and children resides in Surigao City but Mr. the citizen who left his birthplace to improve his lot may desire to return to his
Tiu is living in Cebu City to study law. Assuming he is already a lawyer, he plans to run for native town to cast his ballot, but for professional or business reasons, or for any
Mayor of Surigao City. His opponent questioned his candidacy and argued that Mr. Tiu is not other reason, he may not absent himself from the place of his professional or
anymore a residence of Surigao City because you have acquired a new residence, Cebu City. business activities; so there he registers as voter as he has the qualifications to be
What does Mr. Tiu needs to establish in order to qualify to run for Mayor in Surigao City? one and it not willing to give up or lose the opportunity to choose the officials who
Answer: Mr. Tiu has to established non-abandonment of domicile. And it would are to run the government especially in national elections. Despite such registration,
require facts to established such non-abandonment, such as: (1) I have not the animus revertendi to his home, to his domicile or residence of origin, has not
abandoned my domicile in Surigao City because my wife is still there (although I forsaken him. This may be the explanation why the registration of a voter in a place
hate her) and I still have my children there in Surigao City; (2) We still have our other than his residence of origin has not been deemed sufficient to constitute
conjugal dwelling and business in Surigao City. abandonment or loss of such residence. It finds justification in the natural desire
and longing of every person to return to the place of his birth. This strong feeling of
And in contrast, while I am physically here in Cebu City, I have not performed acts attachment to the place of one’s birth must be overcome by positive proof of
indicative of the intention to live permanently in Cebu City because of the following: abandonment for another.
(1) I’m just residing in an apartment, so it’s temporary because it is an apartment;
(2) I have not acquired big assets, I have not transferred my business here. • Coquilla vs Comelec
- The term "residence" is to be understood not in its common acceptation as referring
• Proof of Non-Abandonement of Domicile to "dwelling" or "habitation", but rather to "domicile" or legal residence, that is, "the
- Animus manendi (the intent to live permanently) and place where a party actually or constructively has his permanent home, where he,
- Animus revertindi (the intention to return to the domicile, meaning, this no matter where he may be found at any given time, eventually intends to return
presupposes that you have been absent for a while) and remain (animus manendi)." A domicile of origin is acquired by every person at
birth. It is usually the place where the child’s parents reside and continues until the
Another Example: In lieu with the previous example, instead of running for mayor in same is abandoned by acquisition of new domicile (domicile of choice).
Surigao City, Mr. Tiu is now running for Mayor in Cebu City. His opponent in Cebu is
questioning his residency and Mr. Tiu that he is actually a resident of Surigao City. Therefore,
By: RLB                    
 
- naturalization in foreign country results in abandonment of residency, not citizenship
because of RA 9225 h) Any elective official who has resigned from his office by accepting an appointive office
or for whatever reason which he previously occupied but has caused to become vacant
• Caasi vs CA due to his resignation; and
- immigration to the United States by virtue of a "greencard," which entitles one to
reside permanently in that country, constitutes abandonment of domicile in the i) Any person who, directly or indirectly, coerces, bribes, threatens, harasses, intimidates
Philippines. or actually causes, inflicts or produces any violence, injury, punishment, torture, damage,
loss or disadvantage to any person or persons aspiring to become a candidate or that of
• S. Jalosjos vs Comelec the immediate member of his family, his honor or property that is meant to eliminate all
- To be an actual and physical resident of a locality, one must have a dwelling place other potential candidate.
where one resides no matter how modest and regardless of ownership. The mere
purchase of a parcel of land does not make it one's residence. The fact that the ü Sec. 12, Omnibus Election Code – insane, incompetents, guilty of acts of disloyalty to the
residential structure where petitioner intends to reside was still under construction government, etc…
on the lot she purchased means that she has not yet established actual and physical ü Sec. 68, Omnibus Election Code – vote buying, acts of terrorism, and other election
residence in the barangay. offenses
- A temporary stay in a stranger's house cannot amount to residence. Petitioner's stay ü Sec. 69, Omnibus Election Code – Nuisance candidate
in the house of Mrs. Yap in Brgy. Punta Miray was only a temporary and intermittent
stay that does not amount to residence. It was never the intention of petitioner to → The disqualifications of elective officials and candidate are not exclusively listed in the
reside in that barangay, as she only stayed there at times when she was in LGC. Section 40 of the LGC is not the only source of grounds for disqualifications. There
Baliangao while her house was being constructed. Her temporary stay in Brgy. are many other laws that also provide for disqualification.
Punta Miray cannot be counted as residence in Baliangao.
- Approval of voter registration does not presupposes six-month residency in the Problem: In 2008, X was convicted of Violation of BP Blg. 22 (Bouncing Checks Law) and was
place prior to registration. It is not conclusive and at best, the approval of her sentenced to serve a maximum six months of imprisonment. X wants to run for Governor of the
registration as a voter carries a presumption that the registrant will be able to meet Province of Cebu in the 2013 elections.
the six-month residency requirement for the elections in which the registrant A. Is X disqualified to run for local position by reason of his conviction?
intends to vote. It does not prove that the registrant has resided in the locality for B. Will your answer be the same if X had instead applied for and was granted probation?
more than one year prior to the elections.
→ Answer:
- Question A: Section 40(a) of the LGC states that those persons sentenced by final
DISQUALIFICATIONS judgment for an offense involving moral turpitude or for an offense punishable by one
(1) year or more of imprisonment, within two (2) years after serving sentence is
Section 40. Disqualifications. - The following persons are disqualified from running for any disqualified from running for any elective local position.
elective local position:
(a) Those sentenced by final judgment for an offense involving moral turpitude or for an But the problem is silent if the conviction is by final judgment. And the phrase “was
offense punishable by one (1) year or more of imprisonment, within two (2) years after sentenced to serve” does not mean he actually served the sentence. SO QUALIFY
serving sentence; NALANG KA SA IMUNG ANSWER…

(b) Those removed from office as a result of an administrative case; Assuming that there was no appeal, and he in fact served the sentence, he is disqualified
because BP Blg. 22 is a violation involving moral turpitude, as held in Moreno vs
(c) Those convicted by final judgment for violating the oath of allegiance to the Republic; Comelec.

(d) Those with dual citizenship; - Question B: Moreno vs Comelec — An order/grant placing defendant on probation is
not a sentence but is rather, in effect, a suspension of the imposition of sentence. The
(e) Fugitives from justice in criminal or non-political cases here or abroad; period within which a person is under probation cannot be equated with service of the
sentence adjudged. Sec. 4 of the Probation Law specifically provides that the grant of
(f) Permanent residents in a foreign country or those who have acquired the right to probation suspends the execution of the sentence. During the period of probation, the
reside abroad and continue to avail of the same right after the effectivity of this Code; probationer does not serve the penalty imposed upon him by the court but is merely
and required to comply with all the conditions prescribed in the probation order.

(g) The insane or feeble-minded. A. Sentenced by final judgment for (1) offense involving moral turpitude or (2) offense
punishable by 1 year or more of imprisonment, within 2 years after service of sentence.
Additional Disqualifications: → The disqualification applies if there is service of sentence and is good only for 2 years
R.A. 8295 (Lone Candidate Law): Section 4. Disqualification – In addition to the after service of sentence. NOT PERPETUAL DISQUALIFICATION.
disqualifications mentioned in Sections 12 and 68 of the Omnibus Election Code and Sec. 40 of → If you get convicted with a crime involving moral turpitude by final judgment and after
Republic Act No. 7160, otherwise known as the Local Government Code, whenever the evidence of serving the sentence, the disqualification extends to 2 years after serving of sentence. It
guilt is strong, the following persons are disqualified to run in a special election called to fill the means that after 2 years, you become qualified to run.
vacancy in an elective office, to wit:
By: RLB                    
 
→ Also, if you have been sentenced with final judgment of an offense with a penalty of “1 imposed, either as perpetual or accessory, is a PERPETUAL
year or more” and after service of sentence, the disqualification stays for 2 years. After DISQUALIFICATION to hold office, it is a permanent disqualification.
that, you become qualified.
→ The phrase "within two (2) years after serving sentence" is interpreted and understood B. Removed from office as a result of an administrative case.
to apply both to those who have been sentenced by final judgment for an offense → The removal contemplated here means that it is an administrative penalty. The official
involving moral turpitude and to those who have been sentenced by final judgment for has been removed because he was disciplined and punished. E.g. misconduct and other
an offense punishable by one (1) year or more of imprisonment. The placing of the disciplinary grounds. (murag mugawas jud ni sa exam kay ana xa, “aku class kay honest
comma (,) in the provision means that the phrase modifies both parts of Sec. 40(a) of man ku, aku g.present ni daan pra ig.exam kay wa’i mahayay. Wa na jud ku’i sala ana.
the Local Government Code. HAHAHAH)
→ Excluded in this situation is when you’re removed from office if, for example, assuming
• Meaning of Moral Turpitude there’s a case pending against the official by the COMELEC, and you were ordered to
-­‐ Defined as everything which is done contrary to justice, modesty, or good morals; vacate the office because of the rule that you are disqualified to hold office, it’s not a
an act of baseness, vileness or depravity in the private and social duties which a removal as a result of an administrative case.
man owes his fellowmen, or to society in general.
-­‐ Whether it is “malum prohibitum” or “malum in se”, it is not the test. Problem: X, was the City attorney of Cebu City in 1985. He was accused of having received
bribes from businessmen in exchange for favorable legal opinions. Mayor Y initiated an
• Examples of MORAL TURPITUDE crimes: administrative case that resulted to the removal of X, sometime in 1988. X, who had been
→ Hanrieder vs De Rivera (Bouncing Checks Law) living a private life since 1988, is now planning to run for Mayor for the City of Cebu in the
- The Administrative Code of 1987 provides that conviction for a crime involving 2013 elections against Mayor Z, the incumbent mayor and son of Mayor Y. Mayor Z is
moral turpitude is a ground for disciplinary action. The Uniform Rules on questioning his eligibility on the ground that he was earlier removed form office as a result of
Administrative Cases in the Civil Service states that conviction for a crime an administrative case. X counter-argued that the disqualification will not apply to him
involving moral turpitude is a grave offense and upon the first offense, the because he was removed from an “appointive”, not from an “elective” office (OBO).
penalty of dismissal must be meted out. Further, this Court characterized the → At the time an official is removed, is it necessary to determine whether he is holding
violation of B.P. 22 as a crime involving moral turpitude because in issuing a an elective position? NO. Because the provision only states, “removed from office”,
check with the knowledge of insufficiency of funds, it is a showing of a lack of and SC said it could be ANY office, whether elective or appointive. Further, SC held
moral values. the provision under Article 40 (b) of the LGC is a new provision, hence, it cannot be
given retroactive application. Therefore, if the candidate was earlier removed before
→ De la Torre vs Comelec (Anti-Fencing Law) the effectivity of the 1991 LGC, the said disqualification will not apply to him. But
- Dili ni katung anti-fencing that you cannot construct a fence without permit. the if the candidate was removed from office during the effectivity of the LGC, the
Kabaw namu unsa ni… It’s is a crime involving moral turpitude. disqualification applies.
- Petitioner's conviction of fencing, which we have heretofore declared as a
crime of moral turpitude and thus falling squarely under the disqualification • Prospective application, thus, only applicable to those persons removed from office as
found in Section 40 (a), subsists and remains totally unaffected a result of an administrative case during the effectivity of the LGC of 1991, meaning if
notwithstanding the grant of probation. In fact, a judgment of conviction in a removed from office as a result of an administrative case before the LGC of 1991, it’s not
criminal case ipso facto attains finality when the accused applies for probation, a ground for disqualification.
although it is not executory pending resolution of the application for probation. → Grego vs Comelec
- There is no provision in the statute which would clearly indicate that the same
• Effect of Probation – refer to Moreno vs Comelec operates retroactively. It, therefore, follows that [Section] 40 (b) of the Local
-­‐ If you apply for probation, the consequence is you do not serve your sentence. Government Code is not applicable to the present case." (Underscoring
Thus, according the Supreme Court, the period of disqualification could not even supplied). That the provision of the Code in question does not qualify the date
begin to run. of a candidate's removal from office and that it is couched in the past tense
should not deter us from applying the law prospectively. The basic tenet in
Question: If you get convicted of a crime involving moral turpitude and this crime is legal hermeneutics that laws operate only prospectively and not retroactively
punished the RPC with a penalty that carries an accessory penalty of absolute perpetual provides the qualification sought by petitioner. A statute, despite the generality
disqualification to hold public office. So 2 years after serving your sentence, are you qualified in its language, must not be so construed as to overreach acts, events or
to run? matters, which transpired before its passage. Lex prospicit, non respicit. The
→ Jalosjos vs Comelec (June 18, 2013) law looks forward, not backward.
- Art. 40 of the LGC and Perpetual Disqualification to Hold Office under RPC
- While Section 40 (a) of the LGC allows a prior convict to run for local elective • Any “office” – whether removed from an office held as an elective or appointive official
office after the lapse of two (2) years from the time he serves his sentence, because what’s important is you’ve been removed as a result of an administrative case.
the said provision should not be deemed to cover cases wherein the law → Osorio vs Comelec
imposes a penalty, either as principal or accessory, which has the effect of - Article 40 (b) of the LGC states "removed from office" without any
disqualifying the convict to run for elective office. qualification. It is a cardinal rule in statutory construction that when the law
- Section 40 (a) of the LGC refers to a temporary disqualification and SC has does not distinguish, we must not distinguish, in accordance with the maxim
qualified such temporary disqualification by the RPC. Therefore, if the penalty ubi lex non distinguit nec nos distinguere debemus.

By: RLB                    
 
C. Convicted by final judgment for violating the oath of allegiance to the Republic. allegiance of citizens is inimical to the national interest and shall be dealt with by
→ Espionage; Rebellion; Coup d’état; Sedition; Treason. law."
→ Apparently the Court has not enumerated all offenses or crimes that belong to crimes -­‐ The phrase "dual citizenship" in R.A. No. 7160, Section 40(d) must be understood
involving oath of allegiance. as referring to "dual allegiance." Consequently, persons with mere dual citizenship
do not fall under this disqualification. Unlike those with dual allegiance, who must,
D. Those with dual citizenship therefore, be subject to strict process with respect to the termination of their status,
→ Dual citizenship here means dual allegiance. It is dual allegiance that is declared by the for candidates with dual citizenship, it should suffice if, upon the filing of their
Constitution as inimical to the national interest, not dual citizenship, and must be dealt certificates of candidacy, they elect Philippine citizenship to terminate their status as
with by law. Indeed there is danger in having a person showing dual allegiance, naa man persons with dual citizenship considering that their condition is the unavoidable
gali na ang danger sa husband showing dual allegiance, dba? Kana na nuon national consequence of conflicting laws of different states. As Joaquin G. Bernas, pointed
security matters. out: "Dual citizenship is just a reality imposed on us because we have no control of
the laws on citizenship of other countries. We recognize a child of a Filipino mother.
• 3 ways of Naturalization in the Philippines: But whether or not she is considered a citizen of another country is something
1) Judicial – go to court, but expensive and lengthy process because you have completely beyond our control." By electing Philippine citizenship, such candidates
a lot of expenses and must comply with the residency requirement of 10 years at the same time forswear allegiance to the other country of which they are also
or 5 years, as the case maybe. And after judgment, there is a 2 year-probation citizens and thereby terminate their status as dual citizens. It may be that, from the
before the judgment becomes final. point of view of the foreign state and of its laws, such an individual has not
effectively renounced his foreign citizenship.
2) Direct act of Congress – quick but most expensive because nothing will -­‐ By filing a certificate of candidacy when he ran for his present post, private
happen to your request if you don’t ask a congressman to faithfully and respondent elected Philippine citizenship and in effect renounced his
expeditiously process such bill to confirm citizenship to an individual. In short, American citizenship, effectively removing any disqualification he might
mag.under the table ka sa congressman kay you cannot have it all man jud have as a dual citizen.
class. Give and take situation. You want it done swiftly, you pay.
• There are at least 2 ways by which a person can acquire dual citizenship:
3) Administrative – (applicable only to aliens or foreigners born in the a) By birth – where there is a concurring application of jus soli and jus sanguini
Philippines and have been residing in the Philippines since birth) Go to the principles
special committee of naturalization at the office of immigration. Not so b) Apply for naturalization in the foreign country and before availing of RA
expensive because the filing fee is only 40K then 20K for each beneficiaries, 9225 (Dual Citizenship Reacquisition Retention Act of 2003)
like if a spouse or minor children will also acquire citizenship, otherwise called
derivative citizenship; *RA 9225:
-­‐ elements—(1) former natural-born Filipino; (2) apply for
• Mercado vs Manzano naturalization in a foreign country; (3) take oath of allegiance
-­‐ Dual citizenship is different from dual allegiance. The former arises when, as a -­‐ are deemed not to have lost their Philippine citizenship, and can
result of the concurrent application of the different laws of two or more states, a require it by taking the oath of allegiance
person is simultaneously considered a national by the said states. For instance, such -­‐ What necessarily is the consequence to the 2nd citizenship when the
a situation may arise when a person whose parents are citizens of a state which person takes his oath of allegiance to the Philippines, when our laws
adheres to the principle of jus sanguinis is born in a state which follows the doctrine do not have any effect at all on foreign laws? Dba? So it is still
of jus soli. Such a person, ipso facto and without any voluntary act on his part, is possible to have, technically, dual citizenship.
concurrently considered a citizen of both states. Considering the citizenship clause
(Art. IV) of our Constitution, it is possible for the following classes of citizens of the • Cordora vs Comelec
Philippines to posses dual citizenship: -­‐ Tambunting has dual citizenship. His trips showed that he is both American and
(1) Those born of Filipino fathers and/or mothers in foreign countries Filipino. (Art. IV) of our Constitution, it is possible for the following classes
which follow the principle of jus soli; of citizens of the Philippines opposes dual citizenship:
(2) Those born in the Philippines of Filipino mothers and alien fathers if by (1) Those born of Filipino fathers and/or mothers in foreign countries;
the laws of their fathers' country such children are citizens of that (2) Those born in the Philippines of Filipino mothers and alien fathers if by
country; the laws of their fathers’ country such children are citizens of that
(3) Those who marry aliens if by the laws of the latter's country the country;
former are considered citizens, unless by their act or omission they are (3) Those who marry aliens if by the laws of the latter’s country the
deemed to have renounced Philippine citizenship. former are considered citizens, unless by their act or omission theyare
There may be other situations in which a citizen of the Philippines may, without deemed to have renounced Philippine citizenship.
performing any act, be also a citizen of another state; but the above cases are -­‐ Dual Citizenship is not a ground for disqualification from running from any elective
possible given the constitutional provisions on citizenship. local position.
-­‐ Dual allegiance, on the other hand, refers to the situation in which a person -­‐ Dual Citizenship is different from Dual Allegiance. Dual citizenship is involuntary and
simultaneously owes, by some positive act, loyalty to two or more states. While dual arises when, as a result of the concurrent application of the different laws of two or
citizenship is involuntary, dual allegiance is the result of an individual's volition. With more states, a person is simultaneously considered a national by the said states.
respect to dual allegiance, Article IV, Section 5 of the Constitution provides: "Dual This means that a person who has dual citizenship already acquired both
citizenships since birth. No act done to acquire the citizenship Like any other
By: RLB                    
 
natural-born Filipino, it is enough for a person with dual citizenship who seeks public B. Assume that a case for Estafa was filed by ABC Financing against X on September 8,
office to file his certificate of candidacy and swear to the oath of allegiance 2012.
contained therein. Dual allegiance is brought about by the individual’s active
participation in the naturalization process. Tambunting did not fail to meet the Answer: Rodriguez vs Comelec
residency requirement. The residency requirement is not dependent upon -­‐ A "fugitive from justice" includes not only those who flee after conviction to avoid
citizenship. punishment but likewise who, after being charged, flee to avoid prosecution." The
definition thus indicates that the intent to evade is the compelling factor that
• Maquiling vs Comelec (April 16, 2013; July 2, 2013) animates one's flight from a particular jurisdiction. And obviously, there can only be
-­‐ The use of foreign passport after renouncing one's foreign citizenship is a positive an intent to evade prosecution or punishment when there is knowledge by the
and voluntary act of representation as to one's nationality and citizenship; it does fleeing subject of an already instituted indictment, or of a promulgated judgment of
not divest Filipino citizenship regained by repatriation but it recants the Oath of conviction.
Renunciation required to qualify one to run for an elective position. -­‐ Fugitive from justice" as a ground for the disqualification or ineligibility of a person
-­‐ By using his foreign passport, Arnado positively and voluntarily represented himself seeking to run for any elective local position under Section 40(e) of the Local
as an American, in effect declaring before immigration authorities of both countries Government Code, should be understood according to the definition given in the
that he is an American citizen, with all attendant rights and privileges granted by MARQUEZ Decision, to wit: "A 'fugitive from justice' includes not only those who flee
the United States of America. after conviction to avoid punishment but likewise those who, after being charged,
-­‐ The renunciation of foreign citizenship is not a hollow oath that can simply be flee to avoid prosecution." Intent to evade on the part of a candidate must
professed at any time, only to be violated the next day. It requires an absolute and therefore be established by proof that there has already been a conviction or at
perpetual renunciation of the foreign citizenship and a full divestment of all civil and least, a charge has already been filed, at the time of flight. Not being a "fugitive
political rights granted by the foreign country which granted the citizenship. from justice" under this definition, Rodriguez cannot be denied the Quezon Province
-­‐ This act of using a foreign passport after renouncing one's foreign citizenship is fatal gubernatorial post.
to Arnado's bid for public office, as it effectively imposed on him a disqualification to
run for an elective local position. *So apparently, even if you have received a demand letter stating that “you hereby being
-­‐ Arnado's category of dual citizenship is that by which foreign citizenship is acquired asked to return the misappropriated amount of 1M USD. And you don’t answer the
through a positive act of applying for naturalization. This is distinct from those demand letter and you booked a flight, go back to the Philippines, you did not even know
considered dual citizens by virtue of birth, who are not required by law to take the that a charge was filed against you. Do you think that’s a sound threshold that there
oath of renunciation as the mere filing of the certificate of candidacy already carries must be a charge? Then you have to establish knowledge? In order to connect that the
with it an implied renunciation of foreign citizenship. Dual citizens by naturalization, purpose of the flight was really to avoid prosecution? YES.
on the other hand, are required to take not only the Oath of Allegiance to the
Republic of the Philippines but also to personally renounce foreign citizenship in ü Narrow application of the Principle of Fugitive from Justice
order to qualify as a candidate for public office. (1) There must first be a charge
-­‐ This requirement of renunciation of any and all foreign citizenship, when read (2) There is the act of fleeing
together with Section 40 (d) of the Local Government Code which disqualifies those (3) Then you establish knowledge that the act of fleeing is because of
with dual citizenship from running for any elective local position, indicates a policy the indictment
that anyone who seeks to run for public office must be solely and exclusively a
Filipino citizen. To allow a former Filipino who reacquires Philippine citizenship to F. Permanent Residents in foreign country or those who have acquired the right to
continue using a foreign passport — which indicates the recognition of a foreign reside abroad and continue to avail of the same right after the effectivity of this Code
state of the individual as its national — even after the Filipino has renounced his → Another disqualification is when you acquire permanent immigrant status abroad.
foreign citizenship, is to allow a complete disregard of this policy.
G. The insane and the feeble-minded.
E. Fugitives from justice in criminal or non-political crimes here or abroad → You know these people. IT TAKES ONE TO KNOW ONE. HAHAHA
→ includes “fugitives from prosecution” – those who flee after the charge to avoid
prosecution, which involves a question of intent VERY IMPORTANT: The disqualifications in Section 40 are CONTINUING disqualifications. It’s not
that you only consider Section 40 upon the filing of the certificate of candidacy because these are
• Fugitive from justice can be interpreted in 2 ways: continuing.
a. Flee to avoid prosecution
b. Flee to evade punishment Example: So even if during his first term X was eligible, but in the middle of his term he acquired
permanent immigrant status in the US or became insane. Then he is now susceptible to a quo
Problem: X was an accountant of a private company in California, USA. The Company, after warranto case filed against him because he becomes ineligible already.
suffering from huge losses, decided to close its business last January 2012. X decided to go
back to the Philippines and booked last March 2012 a ticket for a September 9, 2012 trip to Question: What about ecclesiastic? Are they qualified or disqualified? – DISQUALFIED. But what
the Philippines. In April of 2012, X accepted a part-time job from ABC Financing Company in about Ed Panlilio? Why did he became Governor? Being governor is not a municipal official while
California. X arrived in the Philippines last September 10, 2012 and is now planning to run for the Admin Code refers to municipal office.
Governor in the Province of Cebu next year. → In the old Administrative Code, there was a provision, Section 2175, that states that “in
A. Assume that a case for Estafa was filed by ABC Financing against X on September no case shall there be elected or appointed to a municipal office: (1) ecclesiastics; (2)
20, 2012.

By: RLB                    
 
soldiers in active service; (3) persons receiving salaries or compensation from provincial chapters, as provided in this Code, shall serve as ex officio members of the sangguniang
or national funds; or (4) contractors for public works of the municipality.” panlalawigan, sangguniang panlungsod, and sangguniang bayan.

• Pamil vs Teleron • LCE and Vice – at large


-­‐ The challenged Administrative Code provision, certainly insofar as it declares ineligible • Sanggunian Members of Province, City and Municipality – by district
ecclesiastics to any elective or appointive office, is, on its face, inconsistent with the • Sanggunian Members of Barangay – at large
religious freedom guaranteed by the Constitution. To so exclude them is to impose a
religious test. Being an ecclesiastic, therefore, professing a religious faith suffices to
disqualify for a public office. DATE OF ELECTION

Section 42. Date of Election. –


MANNER OF ELECTION Unless otherwise provided by law, the elections for local officials shall be held every three
(3) years on the second Monday of May
Section 41. Manner of Election. –
(a) The governor, vice-governor, city mayor, city vice-mayor, municipal mayor, municipal → Schedule: Every 3 years on the 2nd Monday of May, unless otherwise provided for by law.
vice-mayor, and punong barangay shall be elected at large in their respective units by → For Local Elections: the constitutional mandate is synchronization of local and national
the qualified voters therein. However, the sangguniang kabataan chairman for each elections. (Kida vs Senate case)
barangay shall be elected by the registered voters of the katipunan ng kabataan, as
provided in this Code.
TERM OF OFFICE
(b) The regular members of the sangguniang panlalawigan, sangguniang panlungsod,
and sangguniang bayan shall be elected by district, as may be provided for by law. Constitution: Section 8, Article 10 – The term of office of elective local officials, except
Sangguniang barangay members shall be elected at large. The presidents of the barangay officials, which shall be determined by law, shall be three years and no such official shall
leagues of sanggunian members of component cities and municipalities shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of
serve as ex officio members of the sangguniang panlalawigan concerned. The time shall not be considered as an interruption in the continuity of his service for the full term for
presidents of the "liga ng mga barangay and the pederasyon ng mga sangguniang which he was elected.
kabataan" elected by their respective chapters, as provided in this Code, shall serve as ex
officio members of the sangguniang panlalawigan, sangguniang panlungsod, and *Thus, involuntary relinquishment of office is considered an interruption in the continuity
sangguniang bayan. of his service for the full term for which he was elected.

(c) In addition thereto, there shall be one (1) sectoral representative from the women, RA 8524 -
one (1) from the workers, and one (1) from any of the following sectors: the urban poor, Section 1. Sec. 43 of Republic Act No. 7160, otherwise known as the Local Government
indigenous cultural communities, disabled persons, or any other sector as may be Code of 1991, is hereby amended to read as follows:
determined by the sanggunian concerned within ninety (90) days prior to the
holding of the next local elections as may be provided for by law. The COMELEC Sec. 43. Term of office. –
shall promulgate the rules and regulations to effectively provide for the election of such (a) The term of office of all elective officials elected after the effectivity of this
sectoral representatives. Code shall be three (3) years, starting from noon of June 30, 1992 or such
date as may be provided for by law, except that of elective barangay officials
RA 8553 - Section 1. Sec. 41(b) of Republic Act No. 7160, otherwise known as the Local and members of the sangguniang kabataan: Provided, That all local officials
Government Code of 1991, is hereby amended to read as follows: first elected during the local elections immediately following the ratification of
the 1987 Constitution shall serve until noon of June 30, 1992.
(b) The regular members of the sangguniang panlalawigan, sangguniang panlungsod,
and sangguniang bayan shall be elected by district as follows: (b) No local elective official shall serve for more than three (3) consecutive
terms in the same position. Voluntary renunciation of the office for any length
- First and second-class provinces shall have ten (10) regular members; of time shall not be considered as an interruption in the continuity of service
- third and fourth-class provinces, eight (8); for the full term for which the elective official concerned was elected.
- fifth and sixth-class provinces, six (6):
(c) The term of barangay officials and members of the sangguniang kabataan
Provided, That in provinces having more than five (5) legislative districts, each shall be for five (5) years, which shall begin after the regular election of
district shall have two (2) sangguniang panlalawigan members, without barangay officials on the second Monday of May 1997: Provided, That the
prejudice to the provisions of Sec. 2 of Republic Act No. 6637. sangguniang kabataan members who were elected in the May 1996 elections
shall serve until the next regular election of barangay officials.
Sangguniang barangay members shall be elected at large. The presidents of the leagues
of sanggunian members of component cities and municipalities shall serve as ex officio RA 9164 - AN ACT PROVIDING FOR SYNCHRONIZED BARANGAY AND SANGGUNIANG KABATAAN
members of the sangguniang panlalawigan concerned. The presidents of the liga ng mga ELECTIONS, AMENDING REPUBLIC ACT NO. 7160, AS AMENDED, OTHERWISE KNOWN AS THE
barangay and the pederasyon ng mga sangguniang kabataan elected by their respective "LOCAL GOVERNMENT CODE OF 1991", AND FOR OTHER PURPOSES

By: RLB                    
 
election and subsequent elections shall commence at noon of November 30
Section 2. Term of Office. –The term of office of all barangay and sangguniang next following their election.
kabataan officials after the effectivity of this Act shall be three (3) years.
No barangay elective official shall serve for more than three (3) consecutive terms in the SEC. 3. Section 5 of Republic Act No. 9164 is hereby amended to read as follows:
same position: Provided, however, That the term of office shall be reckoned from the
1994 barangay elections. Voluntary renunciation of office for any length of time shall not SEC. 5. Hold Over. - All incumbent barangay and all sangguniang kabataan
be considered as an interruption in the continuity of service for the full term for which officials shall remain in office unless sooner removed or suspended for cause
the elective official was elected. until their successors shall have been elected and qualified Provided, however,
That barangay and all sangguniang kabataan officials who are ex officio
Section 3. Registration. – For purposes of the July 15, 2002 synchronized barangay members of the sangguniang bayan, sangguniang panlungsod or sangguniang
and sangguniang kabataan elections provided under this Act, a special registration of panlalawigan as the case may be shall continue to serve as such members in
voters for the sangguniang kabataan shall be fixed by the Commission on Elections the sanggunian concerned until the next barangay election. The Liga ng mga
(COMELEC). Subsequent registration of barangay and sangguniang kabataan voters shall Barangay at the municipal, city, and provincial levels shall, within thirty (30)
be governed by Republic Act No. 8189. days after the next barangay election, conduct elections for ex officio positions
in the sanggunians under the supervision of the Department of the Interior and
Section 6. Section 424 of Republic Act No. 7160, otherwise known as the Local Local Government.
Government Code of 1991, is hereby amended to read as follows:
SEC. 4. Section 8 of Republic Act No. 9164 is hereby amended to read as follows:
Sec. 424. Katipunan ng Kabataan. – The katipunan ng kabataan shall be
composed of Filipino citizens actually residing in the barangay for at least six SEC. 8. Appropriations. - The amount necessary for the implementation of
(6) months, who are fifteen (15) but less than eighteen (18) years of age on this Act shall be taken from the appropriation of the Commission on Elections
the day of the election, and who are duly registered in the list of the (COMELEC) under the General Appropriations Act and/or supplementary
sangguniang kabataan or in the official barangay list in the custody of the appropriations thereafter.
barangay secretary.
In addition, the savings of the COMELEC not exceeding Three hundred million
Section 7. Section 428 of Republic Act No. 7160, otherwise known as the Local pesos (P300,000,000.00) shall be used to augment said appropriations as
Government Code of 1991, is hereby amended to read as follows: authorized under COMELEC Special Provision No. 2 of Republic Act No. 9162.

Sec. 428. Qualifications. – An elective official of the sangguniang kabataan The funds mentioned above may be augmented by an amount not exceeding
must be a Filipino citizen, a qualified voter of the katipunan ng kabataan, a ten percent (10%) of the sangguniang kabataan funds reserved pursuant to
resident of the barangay for at least one (1) year immediately prior to election, Section 532(c) of Republic Act No. 7160.
at least fifteen (15) years but less than eighteen (18) years of age on the day
of the election, able to read and write Filipino, English, or the local dialect, and → Term of office – determined by the constitution and statute
must not have been convicted of any crime involving moral turpitude. → The term of office of all local elective officials, except barangay officials, is fixed by the
constitution. While the term of office of barangay officials is fixed by law.
Section 9. Applicability of Other Election Laws. – The Omnibus Election Code and other
existing election laws, as far as practicable, shall apply to barangay and sangguniang • Article 10, Section 8 of the Constitution – 3 years (2006 Bar)
kabataan elections.
• Terms of Barangay Officials:
RA 9340 - AN ACT AMENDING REPUBLIC ACT NO. 9164, RESETTING THE BARANGAY AND - RA 8524 (1998) – 5 years
SANGGUNIANG KABATAAN ELECTIONS, AND FOR OTHER PURPOSES - RA 9164 (2002) – 3 years up to 3 terms only and to begin in year 1994.
- RA 9340 (2005) – Extended the term (which ended on Nov. 30, 2005) to Nov. 30, 2007
SECTION 1. Section 1 of Republic Act No. 9164 is hereby amended to read as follows:
NOTE: “Hold-over principle” validly applies to barangay officials only. The reason is that since
SECTION 1. Date of Election. - There shall be synchronized barangay and barangay officials are heading the most fundamental and basic political unit of our society,
sangguniang kabataan elections which shall be held on July 15, 2002. pragmatism should allow, otherwise, it would prejudice the delivery of basic services or create
Subsequent synchronized barangay and sangguniang kabataan elections shall hiatus in government service. Thus, hold-over is allowed for barangay officials, but not allowed to
be held on the last Monday of October 2007 and every three (3) years all others unless the law allows it. (Sambarani vs Comelec)
thereafter.
Sec. 5 RA 9164 - Hold Over. –
SEC. 2. Section 4 of Republic Act No. 9164 is hereby amended to read as follows: All incumbent barangay and all sangguniang kabataan officials shall remain in office unless
sooner removed or suspended for cause until their successors shall have been elected and
SEC. 4. Assumption of Office. - The term of office of the barangay and qualified Provided, however, That barangay and all sangguniang kabataan officials who are ex
sangguniang kabataan officials elected under this Act shall commence on officio members of the sangguniang bayan, sangguniang panlungsod or sangguniang
August 15, 2002, next following their elections. The term of office of the panlalawigan as the case may be shall continue to serve as such members in the sanggunian
barangay and sangguniang kabataan officials elected in the October 2007 concerned until the next barangay election. The Liga ng mga Barangay at the municipal, city,

By: RLB                    
 
and provincial levels shall, within thirty (30) days after the next barangay election, conduct - Pursuant to the constitutional provision above, voluntary renunciation of a term does not
elections for ex officio positions in the sanggunians under the supervision of the Department cancel the renounced term in the computation of the three term limit; conversely,
of the Interior and Local Government." involuntary severance from office for any length of time short of the full term provided by
law amounts to an interruption of continuity of service. The petitioner vacated his post a
• Three Term Limit Rule few months before the next mayoral elections, not by voluntary renunciation but in
- Elements: compliance with the legal process of writ of execution issued by the COMELEC to that
(1) That the official concerned has been elected for three consecutive terms in effect. Such involuntary severance from office is an interruption of continuity of service
the same local government post; and and thus, the petitioner did not fully serve the 1995-1998 mayoral term.
(2) That he has Official fully served three consecutive terms.
Question: would your answer be the same if, instead of being ordered to stepped down in
Problem 1: 1997, he just resigned as mayor?
- 1993: X, the VM succeeded Y, the M who died, by operation of law. X served as Mayor → No. My answer would be different. In the same case, a voluntary renunciation of a
until 1995. term does not cancel the renounced term in the computation of the three-term
- 1995-1998: X was elected and served as Mayor limit. Therefore, X is deemed to have fully served his 3rd term.
- 1998-2001: X was re-elected and again served as Mayor
- 2001 Elections: Was X barred to run as Mayor? Problem 3:
- 1992-1998: X was elected and served as Mayor for 2 consecutive terms
Answer: NO. Because the 3-term limit rule under the law states that the official must be - 1998: X ran as Mayor but lost to Y
elected for the same local government post for 3 consecutive terms. And in 1993, his 1st term, - 2000: Y faced a recall election and X was elected in the recall election and served as
he was not elected as mayor but as vice-mayor and he just succeeded as mayor by operation Mayor
of law and not through an election. - 2001: Was X barred to run as Mayor?

• Borja vs Comelec Answer: NO. The 3-term limit rule refers to 3 consecutive terms. When X ran as Mayor but
- The term served must therefore be one “for which [the official concerned] was lost to Y in 1998, he was not elected for 3 consecutive terms. There was no consecutiveness
elected.” The purpose of this provision is to prevent a circumvention of the limitation on in this case.
the number of terms an elective official may serve. Conversely, if he is not serving a
term for which he was elected because he is simply continuing the service of the official • Adormeo vs Comelec
he succeeds, such official cannot be considered to have fully served the term - The term limit for elective local officials must be taken to refer to the right to be elected
not withstanding his voluntary renunciation of office prior to its expiration. as well as the right to serve in the same elective position. It is not enough that an
- The term limit for elective local officials must be taken to refer to the right to be elected individual has served three consecutive terms in an elective local office, he must also
as well as the right to serve in the same elective position. Consequently, it is not enough have been elected to the same position for the same number of times before the
that an individual has served three consecutive terms in an elective local office, he must disqualification can apply. The two conditions for the application of the disqualification
also have been elected to the same position for the same number of times before the must concur: a) that the official concernedhas been elected for three consecutive terms
disqualification can apply. in the same local government post; and b) that he has fully served three consecutive
terms.
Problem 2: - COMELECs ruling that private respondent was not elected for three (3) consecutive terms
- 1988-1995: X was elected and served as Mayor for 2 consecutive terms should be upheld. The continuity of his mayorship was disrupted by his defeat in the
- 1995: X was re-elected and started serving as Mayor 1998 elections. Voluntary renunciation of office for any length of time shall not be
- 1997: Comelec ruled that X was not validly proclaimed and X stepped down as ordered considered as an interruption in the continuity of service for the full term for which he
by the Comelec. was elected. Voluntary renunciation of a term does not cancel the renounced term in the
- 1998 elections: Was X barred to run as Mayor? computation of the three term limit; conversely, involuntary severance from office for
any length of time short of the full term provided by law amounts to an interruption of
Answer: NO. The 3-term limit rule applies when the official has fully served for three continuity of service.
consecutive terms for the same position. But while serving his 3rd term, X stepped down - The Court held that private respondent cannot be construed as having been elected and
pursuant to Comelec’s decision that he was not validly proclaimed, thus, there is involuntary served for three consecutive terms. His loss in the May 1998 elections was considered by
relinquishment of office. And an involuntary relinquishment of office serves as an interruption the Court as an interruption in the continuity of his service as mayor. For nearly two
of his term. years, private respondent therein lived as a private citizen.

• Lonzanida vs Comelec Problem 4:


- Section 43 of the Local Government Code (R.A. No. 7160) restates the same rule, that: - 1992-2001: X was elected and served as Mayor for 3 consecutive terms
“No local elective official shall serve for more than three consecutive terms in the same - 2001 elections: X did not run; Y was elected Mayor
position. Voluntary renunciation of the office for any length of time shall not be - 2002: Y faced recall election and X filed certificate of candidacy for the recall elections
considered as an interruption in the continuity of service for the full term for which the - Q: Can X participate in the recall elections?
elective official concerned was elected.”
- The petitioner cannot be deemed to have served the May 1995 to 1998 term because he Answer: YES
was ordered to vacate his post before the expiration of the term.

By: RLB                    
 
• Socrates vs Comelec power or authority over the inhabitants of the territorial jurisdiction of a particular local
- The first part provides that an elective local official cannot serve for more than three government unit.
consecutive terms. The clear intent is that only consecutive terms count in determining - To allow Latasa to vie for the position of city mayor after having served for three
the three-term limit rule. The second part states that voluntary renunciation of office for consecutive terms as a municipal mayor would obviously defeat the very intent of the
any length of time does not interrupt the continuity of service. The clear intent is framers when they wrote this exception. Should he be allowed another three consecutive
that involuntary severance from office for any length of time interrupts continuity of terms as mayor of the City of Digos, petitioner would then be possibly holding office as
service and prevents the service before and after the interruption from being joined chief executive over the same territorial jurisdiction and inhabitants for a total of
together to form a continuous service or consecutive terms. eighteen consecutive years. This is the very scenario sought to be avoided by the
- After three consecutive terms, an elective local official cannot seek immediate re- Constitution, if not abhorred by it.
election for a fourth term. The prohibited election refers to the next regular election for
the same office following the end of the third consecutive term. Any subsequent Problem 6:
election, like a recall election, is no longer covered by the prohibition for two - 1995-1998: X was elected and served as Mayor
reasons. First, a subsequent election like a recall election is no longer an immediate re- - 1998-2001: X was re-elected and served as mayor, but an election protest was filed
election after three consecutive terms. Second, the intervening period constitutes an against X in 1998
involuntary interruption in the continuity of service. - 2001-2004: X was re-elected and served as mayor, and the 1998 election protest was
- Based from the deliberations of a Constitutional Commission, what the Constitution decided against X
prohibits is an immediate re-election for a fourth term following three consecutive - 2004 elections: Was X qualified to run as mayor?
terms. The Constitution, however, does not prohibit a subsequent re-election for a
fourth term as long as the re-election is not immediately after the end of the third Answer: NO. For the following reasons:
consecutive term. A recall election mid-way in the term following the third consecutive (1) ingun ang SC, Hoy Mr. X kung dili ikaw ang mayor sa 1998, kinsa man? Ang pikas?
term is a subsequent election but not an immediate re-election after the third term. Nga wa galingkud?
- Neither does the Constitution prohibit one barred from seeking immediate re-election to (2) He was a de facto officer. Whether he was de facto or de jure officer, he was still an
run in any other subsequent election involving the same term of office. What the officer but de facto lng. It should be counted against him.
Constitution prohibits is a consecutive fourth term. (3) During electoral protest, whoever is the protestee, until the election process is
- The principle behind the three-term limit rule is to prevent consecutiveness of the service decided, is the presumptive winner.
of terms, and that there was in his case a break in such consecutiveness after the end of
his third term and before the recall election. • Francis Ong vs Comelec
- For the three-term limit for electivelocal government officials to apply, two conditions or
ü How long should be their break? requisites must concur, to wit:
- If you are to test the law, even a 1-day break will be sufficient, because it’s a break just (1) that the official concerned has been elected for three consecutive terms in
the same. Although it is not physically possible. the same local government post, and

Problem 5: (2) that he has fully served three (3) consecutive terms.
- 1992-2001: X was Mayor of a municipality for 3 consecutive terms
- Before May 2001 elections: The municipality became a new city - The disqualifying requisites are present herein, thus effectively barring petitioner Francis
- 2001 elections: X filed COC for mayor of the new city from running for mayor. His proclamation by the Municipal Board of Canvassers of San
- Was X qualified to run for Mayor of the new city? Vicente as the duly elected mayor in the 1998 mayoralty election coupled by his
assumption of office and his continuous exercise of the functions thereof from
Answer: NO. start to finish of the term, should legally be taken as service for a full term in
contemplation of the three-term rule.
• Latasa vs Comelec
- The Court noted that the delineation of the metes and bounds of the City of Digos did ü How to be qualified?
not change even by an inch the land are a previously covered by the Municipality of - First, call and pressure the COMELEC (i don’t know how you will do it) to come up with a
Digos. This Court also notes that the elective officials of the Municipality of Digos resolution before the end of your 3rd term.
continued to exercise their powers and functions until elections were held for the new - When there is already a resolution, do not question it anymore. Instead, obey it and you
city officials. True, the new city acquired a new corporate existence separate and distinct step down before noon of June 30.
fromthat of the municipality. This does not mean, however, that for the purpose of - After stepping down as ordered by the COMELEC, you can now avail of the interruption—
applying the subject Constitutional provision, the office of the municipal mayor would the “break” thing.
now be construed as a different local government post as that of the office of the city - Then when you run for 2004 election, you will be qualified. It’s as simple as that. IT
mayor. As stated earlier, the territorial jurisdiction of the City of Digos is the same as that WORKS!
of the municipality. Consequently, the inhabitants ofthe municipality are the same as
those in the city. These inhabitants are the same group of voters who elected petitioner Problem 7:
Latasa to be their municipal mayor for three consecutive terms. These are also the same - 1995-1998: X was elected and served as Mayor
inhabitants over whom he held power and authority as their chief executive for - 1998-2001: X was re-elected and served again as Mayor, but a protest was filed in 1998
nineyears. - 2001-2004: X was re-elected and served again as Mayor, but in July of 2001, the 1998
- It can be seen from Lonzanida and Adormeo that the law contemplates a rest period protest was decided against X.
during which the local elective official steps down from office and ceases to exercise
By: RLB                    
 
- 2004 elections: X filed COC for mayor but it was cancelled, although he won and was 2008 Bar: Abdul ran and won in the May 2001, 2004 and 2007 elections for Vice-Governor of
proclaimed Mayor Tawi-Tawo. After being proclaimed Vice-Governor in 2004 elections, his opponent, Khalil, filed an
- May 17, 2007: X stepped down as mayor as ordered election protest before the Commission on Elections. Ruling with finality in the protest, the
- 2007: X was elected again as mayor COMELEC declared Khalil as duly elected Vice-Governor though the decision was promulgated only
- Was X qualified to run as mayor for 2007? in 2007, when Abdul had wholly served 2004-2007 term and was in fact already on his 2007-2010
term as Vice Governor. What will be your advice? Francis Ong case
Answer: YES
2011 Bar: Alfredo was elected municipal mayor for 3 consecutive terms. During his third term, the
• Dizon vs Comelec municipality became a city. Alfredo ran for city mayor during the next immediately succeeding
- We concede that Morales occupied the position of mayor of Mabalacat for the following election. Voltaire sought his disqualification citing the 3 term limit for elective officials. Will
periods: 1 July 1995 to 30 June 1998, 1 July 1998 to 30 June 2001, 1 July 2001 to 30 Voltaire’s action prosper? Latasa case
June 2004, and 1 July 2004 to 16 May 2007. However, because of his
disqualification, Morales was not the duly elected mayor for the 2004-2007 term. Neither 2011 Bar: Adela served as Mayor of Kasim for 2 consecutive terms. On her third term, COMELEC
did Morales hold the position of mayor of Mabalacat for the full term. ousted her in a election protest that Gudi, her opponent, filed against her. 2 years later, Gudi faced
- Morales cannot be deemed to have served the full term of 2004-2007 because he was recall proceedings and Adela ran in the recall election against him. Adela won and served as Mayor
ordered to vacate his post before the expiration of the term. Morales’ occupancy of the for Gudi’s remaining term. Can Adela run again for Mayor in the next succeeding election without
position of mayor from 1 July 2004 to 16 May 2007 cannot be counted as a term for violating the 3-term limit? Socrates case
purposes of computing the three-term limit. Indeed, the period from 17 May 2007 to 30
June 2007 served as a gap for purposes of the three-term limit rule. Thus, the present 1
July 2007 to 30 June 2010 term is effectively Morales’ first term for purposes of the VACANCIES AND SUCCESSIONS
three-term limit rule.
Permanent Vacancies
Problem 8:
- In 1994, 1997 and 2002: X was elected Punong Barangay Section 44. Permanent Vacancies in the Offices of the Governor, Vice-Governor, Mayor,
- 2004: X ran and won as municipal councilor, leaving his post as punong barangay and Vice-Mayor. –
- 2007: X filed COC for the position of punong barangay (the same barangay) (a) If a permanent vacancy occurs in the office of the governor or mayor, the vice-
- Is he qualified? governor or vice-mayor concerned shall become the governor or mayor. If a permanent
vacancy occurs in the offices of the governor, vice-governor, mayor, or vice-mayor, the
Answer: NO. highest ranking sanggunian member or, in case of his permanent inability, the second
highest ranking sanggunian member, shall become the governor, vice-governor, mayor
• Bolos, Jr. vs Comelec or vice-mayor, as the case may be. Subsequent vacancies in the said office shall be filled
- Petitioner was elected as Punong Barangay for three consecutive terms, satisfying the automatically by the other sanggunian members according to their ranking as defined
first condition for disqualification. However, petitioner did not fill in or succeed to a herein.
vacancy by operation of law. He instead relinquished his office as
Punong Barangay during his third term when he won and assumed office as (b) If a permanent vacancy occurs in the office of the punong barangay, the highest
Sangguniang Bayan member of Dauis, Bohol, which is deemed a voluntary renunciation ranking sanggunian barangay member or, in case of his permanent inability, the second
of the Office of Punong Barangay. highest ranking sanggunian member, shall become the punong barangay.

Problem 9: (c) A tie between or among the highest ranking sanggunian members shall be resolved
- X was elected mayor 3 times during the terms: 1998-2001, 2001-2004 and 2004-2007 by the drawing of lots.
- In September 2005, X was ordered “preventively suspended” by the Sandiganbayan
- In 2007, X filed a COC and ran for mayor. (d) The successors as defined herein shall serve only the unexpired terms of their
- Was X qualified to run for the 2007 elections? predecessors.

Answer: NO. For purposes of this Chapter, a permanent vacancy arises when an elective local official
fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed
• Aldovino vs Comelec from office, voluntarily resigns, or is otherwise permanently incapacitated to discharge
- Preventive suspension is an effective interruption because it renders the suspended the functions of his office.
public official unable to provide complete service for the full term; thus, such term should For purposes of succession as provided in the Chapter, ranking in the sanggunian shall
not be counted for the purpose of the three-term limit rule. be determined on the basis of the proportion of votes obtained by each winning
- “Interruption” of a term exempting an elective official from the three-term limit rule is candidate to the total number of registered voters in each district in the immediately
one that involves no less than the involuntary loss of title to office. An officer who is preceding local election.
preventively suspended is simply barred from exercising the functions of his office but
title to office is not lost. Section 45. Permanent Vacancies in the Sanggunian. –
(a) Permanent vacancies in the sanggunian where automatic succession provided above
do not apply shall be filled by appointment in the following manner:

By: RLB                    
 
(1) The President, through the Executive Secretary, in the case of the
sangguniang panlalawigan and the sangguniang panlungsod of highly • Vacancy: How to fill up?
urbanized cities and independent component cities; -­‐ It depends on the kind of LGU and it depends on whether the one who “caused the last
vacancy” is a member of a political party or not.
(2) The governor, in the case of the sangguniang panlungsod of component o If not a member of political party, the Sanggunian concerned “recommends” to
cities and the sangguniang bayan; either the President (Prov, HUC, ICC) or the Governor (CC & Mun), as the case may
be.
(3) The city or municipal mayor, in the case of sangguniang barangay, upon
recommendation of the sangguniang barangay concerned. o If a member of political party, the party of the official who “caused the last vacancy”
shall nominate to the President or the Governor, as the case may be. If in the
(b) Except for the sangguniang barangay, only the nominee of the political party under Barangay Sanggunian, since there is no political party, the Sanggunian concerned
which the sanggunian member concerned had been elected and whose elevation to the recommends to the Mayor.
position next higher in rank created the last vacancy in the sanggunian shall be
appointed in the manner hereinabove provided. The appointee shall come from the same Illustration 1:
political party as that of the sanggunian member who caused the vacancy and shall serve Mayor: X (XXX)
the unexpired term of the vacant office. In the appointment herein mentioned, a Vice-Mayor: Y (PPP)
nomination and a certificate of membership of the appointee from the highest official of Councilors:
the political party concerned are conditions sine qua non, and any appointment without 1st A (KKK)
such nomination and certification shall be null and void ab initio and shall be a ground for 2nd B (XXX)
administrative action against the official responsible therefore. 3rd C (XYZ)
4th D (PPP)
(c) In case or permanent vacancy is caused by a sanggunian member who does not 5th E (KKK)
belong to any political party, the local chief executive shall, upon recommendation of the 6th F (Independent)
sanggunian concerned, appoint a qualified person to fill the vacancy. 7th G (YYY)
8th H (XYZ)
(d) In case of vacancy in the representation of the youth and the barangay in the
sanggunian, said vacancy shall be filled automatically by the official next in rank of the -­‐ Let’s kill X, the Mayor, so he dies. How many vacancies will occur?
organization concerned. o 10 vacancies. (from the mayor to the 8th councilor) But that is not to say that you
will fill up the 10 positions by different persons because under section 45, the law
• Factors to consider: P-R-L already provides for the rule on succession that the next in line will occupy the
- Meaning of “permanent vacancy” vacant higher positions.
- Method of “ranking” o That means that Y will become the mayor and A will become the vice mayor. And so
- Meaning of “last vacancy in the Sanggunian” on….
*because whoever caused the last vacancy in the sanggunian, his political
affiliation will matter, in which case, his party will have the right to nominate -­‐ Who will fill the 8th councilor?
the official who will fill-up the vacancy o Fariñas vs Barba
- There is only one rule governing appointments to the Sangguniang Barangay.
• Official Any vacancy therein caused by the cessation from office of a member must be
1) Fills a higher vacant position made by the mayor upon the recommendation of that Sanggunian. The reason
2) Refuses to assume office is that members of the Sangguniang Barangay are not allowed to have party
3) Fails to qualify affiliations.
4) Dies - Indeed there is no reason for supposing that those who drafted §45 intended
5) Removed from office to make the manner of filling vacancies in the Sanggunians, created by
6) Resigns members who do not belong to any political party, different from the manner
7) Permanently Incapacitated to discharge the functions of his office (either physically or of filling such vacancies when created by members who belong to political
otherwise) party or parties. The provision for the first must approximate the provision for
the second situation. Any difference in procedure must be limited to the fact
• Ranking that in the case of vacancies caused by those who have political affiliations
- Formula: there is a party which can nominate a replacement while there is none in the
Votes Obtained case of those who have no political affiliation. Accordingly, where there is no
political party to make a nomination, the Sanggunian, where the vacancy
occurs, must be considered the appropriate authority for making the
Total Registered Voters in each recommendation, by analogy to vacancies created in the Sangguniang
district (not votes cast) Barangay whose members are by law prohibited from having any party
Note: A tie between and among the highest ranking sanggunian members affiliation.
shall be resolved by “drawing of lots”. - Having determined that appointments in case of vacancies caused by
Sanggunian members who do not belong to any political party must be made
By: RLB                    
 
in accordance with the "recommendation" of the Sanggunians concerned 7thG (YYY)
where the vacancies occur, the next question is: Is the appointing authority 8thH (PPP)
limited to the appointment of those "recommended" to him? We think an
affirmative answer must be given to the question. - Same facts. Let’s kill the Mayor. How to fill up the vacancy when the official who cause the
- The appointing authority is not bound to appoint anyone recommended to him vacancy is an independent candidate?
by the Sanggunian concerned. The power of appointment is a discretionary o Since there is no political party involved, it is the Sanggunian who will nominate. If the
power. On the other hand, neither is the appointing power vested with so large vacancy was in a municipality, it is not the Mayor who will appoint. But the Governor will
a discretion that he can disregard the recommendation of the Sanggunian appoint. If it is an independent component city, highly-urbanized city and province, it will
concerned, Since the recommendation takes the place of nomination by the President who will appoint. In the case of Barangay Sanggunian, the Mayor will
political party, the recommendation must likewise be considered a condition appoint. (Fariñas case)
sine qua non for the validity of the appointment, by analogy to the provision of
§45(b). 2008 Bar: On August 8, 2008, the Governor of Bohol died and Vice-Governor Cesar became the
- The upshot of this is that in the case at bar, since neither petitioner Al Nacino Governor by operation of law. Accordingly, Benito, the highest ranking member of the
nor respondent Edward Palafox was appointed in the manner indicated in the Sanngguniang Panlalawigan was elevated to the position of Vice Governor. By the elevation to the
preceding discussion, neither is entitled to the seat in the Sangguniang Bayan office of the Vice-Governor, a vacancy in the Sanggunian Panlalawigan was created. How should
of San Nicolas, Ilocos Norte which was vacated by member Carlito B. Domingo. the vacancy be filled? 3%
For while petitioner Al Nacino was appointed by the provincial governor, he
was not recommended by the Sangguniang Bayan of San Nicolas. On the other Answer: Ang answer ni Atty. DBL—The vacancy in this case may be filled depending on whether
hand, respondent Edward Palafox was recommended by the Sangguniang or not Benito is a member of a political party or an independent candidate. Then qualify nlng ka.
Bayan but it was the mayor and not the provincial governor who appointed hahaha
him.
Problem: X, Y and Z were the candidates for Mayor in Municipality of ABC. Y had earlier filed a
-­‐ Who caused the last vacancy? petition for the cancellation of X’s certificate of candidacy on the ground that X failed to comply
o Navarro vs CA with the 6-month residency requirement. During the election, and while the disqualification case
- The reason behind the right given to a political party to nominate a was still pending, X received the highest number of votes followed by Y. Thereafter, the COMELEC
replacement where a permanent vacancy occurs in the Sanggunian is to disqualified X. W, the elected Vice-Mayor, insisted the he should become the Mayor. Should W be
maintain the party representation as willed by the people in the election. allowed to assume the office of the Mayor?
- The "last vacancy" in the Sanggunian refers to that created by the elevation of
the member formerly occupying the next higher in rank which in turn also had Answer: The Second Placer rule will not apply in this case. Ergo, applying the discussion below
become vacant by any of the causes already enumerated. The term "last about disqualifications, the Vice Mayor cannot assume the position of the Mayor because there is
vacancy" is thus used in Sec. 45 (b) to differentiate it from the other vacancy no vacancy. Y is legally the true winner. X is the de-facto while Y is the de-jure officer.
previously created. The term by no means refers to the vacancy in the No. 8
position which occurred with the election of Rolando Lalas to the seventh There are 2 grounds of disqualifications:
position in the Sanggunian. Such construction will result in absurdity. (1) grounds that will affect the validity of certificate of candidacy
- the grounds refer to the eligibility to become a candidate (citizenship,
• What are the conditions when the political party will make the nomination? residency, etc.) under section 39 of the LGC and thus, making his certificate of
→ Damasen vs Tumamao candidacy void from the very beginning. Thus, making him not a valid
- The conditions for the rule of succession are: candidate.
(1) the appointee shall come from the same political party as that of the - The Second Placer rule will not apply.
Sanggunian member who caused the vacancy.
(2) the appointee must have a nomination and a Certificate of Membership (2) grounds that will not affect the vailidity of certificate of candidacy
(bona fide membership) from the highest official of the political party - refers to the acts that the candidate made after the filing of the certificate of
concerned. candidacy (during the election) like vote-buying, terrorism or etc….
- Since the permanent vacancy in the Sanggunian occurred because of the elevation - the Second Placer rule will apply.
of LDP member Alonzo to vice-mayor, it follows that the person to succeed her
should alsobelong to the LDP so as to preserve party representation. *Under the Second Placer rule, the 2nd placer, being the defeated candidate, cannot take
the place of the 1st placer when the 1st placer gets disqualified because as willed by the
Illustration 2: people, it is the 1st placer who was chosen by them. And the mere fact that he finished
Mayor: X (XXX) second shows that he was not the choice of the people so why should he be allowed to
Vice mayor: Y (PPP) take the position of the 1st placer. Therefore, the Second Placer rule bars the 2nd placer
Councilors: to take the place of the disqualified 1st placer.
1st A (Independent)
2nd B (XXX) • S. Jalosjos vs Comelec
3rd C (PPP) - There is another more compelling reason why the eligible candidate who garnered the
4thD (PPP) highest number of votes must assume the office. The ineligible candidate who was
5thE (KKK) proclaimed and who already assumed office is a de facto officer by virtue of the
6thF (Independent) ineligibility.
By: RLB                    
 
- The rule on succession in Section 44 of the Local Government Code cannot apply in Answer in QA:
instances when a de facto officer is ousted from office and the de jure officer takes over. -­‐ All powers and functions of the LCE can be exercised by the vice or the HRS, except the
The ouster of a de facto officer cannot create a permanent vacancy as contemplated in powers to appoint, suspend or dismiss (SAD) employees, unless the temporary incapacity
the Local Government Code. There is no vacancy to speak of as the de jure officer, the exceeds 30 days, in which case, the acting official may now exercise the SAD powers.
rightful winner in the elections, has the legal right to assume the position. -­‐ Hence, in People vs Bustamante, the vice mayor (who was the acting mayor) was
held to have the power to solemnize marriage, which is a power belonging to the mayor
Temporary Vacancy in the Office of the LCE under the LGC. It’s not one of the SAD powers.

Section 46. Temporary Vacancy in the Office of the Local Chief Executive. – Answer in QB:
(a) When the governor, city or municipal mayor, or punong barangay is temporarily -­‐ A Vice-Governor who acts as Governor effectively creates a temporary vacancy in the
incapacitated to perform his duties for physical or legal reasons such as, but not limited position of Presiding Officer of the SP entitling therefore the SP to select an acting
to, leave of absence, travel abroad, and suspension from office, the vice-governor, city or Presiding Officer during the period that the Vice-Governor acts as Governor. (Gamboa
municipal vice-mayor, or the highest ranking sangguniang barangay member shall vs Aguirre)
automatically exercise the powers and perform the duties and functions of the local chief
executive concerned, except the power to appoint, suspend, or dismiss employees which Problem: Mayor X of Cebu City went to Manila for 3 days to attend a 2-day seminar.
can only be exercised if the period of temporary incapacity exceeds thirty (30) working A. Will Y, the VM, act as Mayor during X’s absence? YES.
days. B. Who shall perform the powers and functions of the Mayor of Cebu City during X’s absence and
what are the scope and limitations to such powers and functions?
(b) Said temporary incapacity shall terminate upon submission to the appropriate
sanggunian of a written declaration by the local chief executive concerned that he has • How do you distinguish an OIC from an acting official? (gwapu ni pang-essay question karun
reported back to office. In cases where the temporary incapacity is due to legal causes, Sunday)
the local chief executive concerned shall also submit necessary documents showing that -­‐ OIC is to be designated and in the designation, the Mayor will define the scope of the
said legal causes no longer exist. powers of the OIC. Unlike in the case of an acting officer, the law already provides for
the kinds of powers and functions that he can exercise.
(c) When the incumbent local chief executive is traveling within the country but outside
his territorial jurisdiction for a period not exceeding three (3) consecutive days, he may • The Officer in Charge (OIC)
designate in writing the officer-in-charge of the said office. Such authorization shall -­‐ The OIC is to be designated by the LCE when he is “traveling within the country but
specify the powers and functions that the local official concerned shall exercise in the outside his territorial jurisdiction” for a period not exceeding 3 days; while the acting
absence of the local chief executive except the power to appoint, suspend, or dismiss official shall automatically exercise the powers of the LCE when he is traveling outside
employees. (S-A-D) the country or traveling abroad

(d) In the event, however, that the local chief executive concerned fails or refuses to -­‐ The OIC (which the mayor may appoint, either the vice or HRS) shall perform the powers
issue such authorization, the vice-governor, the city or municipal vice-mayor, or the and functions as may be delegated to him by the LCE except the powers to appoint,
highest ranking sangguniang barangay member, as the case may be, shall have the right suspend or dismiss employees; while the acting official exercises all powers and functions
to assume the powers, duties, and functions of the said office on the fourth (4th) day of of the LCE except the SAD powers
absence of the said local chief executive, subject to the limitations provided in subsection
(c) hereof. -­‐ If the LCE has not designated an OIC, the Vice or the HRS has the right to assume the
office of the LCE on the 4th day as acting official.
(e) Except as provided above, the local chief executive shall in no case authorize any
local official to assume the powers, duties, and functions of the office, other than the
vice-governor, the city or municipal vice-mayor, or the highest ranking sangguniang APPROVAL OF LEAVE OF ABSENCES
barangay member, as the case may be.
Section 47. Approval of Leaves of Absence. –
• Instances: (a) Leaves of absence of local elective officials shall be approved as follows:
- leave of absence
- travel abroad (1) Leaves of absence of the governor and the mayor of a highly urbanized city
- suspension from office or an independent component city shall be approved by the President or his
- other temporary incapacity for physical or legal reasons duly authorized representative;

• In case of temporary incapacity, the vice or the highest ranking sanggunian member (HRS) (2) Leaves of absence of vice-governor or a city or municipal vice-mayor shall
shall automatically exercise the powers and functions of the LCE. be approved by the local chief executive concerned: Provided, That the leaves
of absence of the members of the sanggunian and its employees shall be
Problem: Mayor X of Cebu City went to the US for one month. Vice-Mayor Y, acted as Mayor in approved by the vice-governor or city or municipal vice-mayor concerned;
the meantime.
A. What powers may and may not be exercised by Y? Can Y solemnize marriage? YES. (3) Leaves of absence of the component city or municipal mayor shall be
B. While Y is acting as Mayor of Cebu City, may the SP elect a new Presiding officer? YES. approved by the governor; and

By: RLB                    
 
(4) Leaves of absence of a punong barangay shall be approved by the city or → If you are to seek disciplinary action, we have the ombudsman or you can avail of the LGC
municipal mayor: Provided, That leaves of absence of sangguniang barangay provisions. It’s a choice on the part of the aggrieved party. (Concurrent jurisdiction sila)
members shall be approved by the punong barangay. → But as a matter of rule in administrative law: The tribunal that first acquires jurisdiction over
the case shall continue to exercise jurisdiction to the exclusion of the other one. Otherwise, it
(b) Whenever the application for leave of absence hereinabove specified is not acted will be a case of forum shopping.
upon within five (5) working days after receipt thereof, the application for leave of
absence shall be deemed approved. • When can you say that the tribunal has acquired jurisdiction?
- The body where the complaint was filed first; AND
• Approved by: - Opts to take cognizance of the case
-­‐ President – if it is the LCE of Province, Highly-Urbanized City and Independent
Component City NOTE: Only the proper COURT can order the REMOVAL of the official.
-­‐ LCE – if it is the Vice
-­‐ Vice – if it is the Sanggunian members and employees
-­‐ Governor – if it is a component city and municipality mayor FILING OF COMPLAINT
-­‐ Mayor – if it is the Punong Barangay
-­‐ Punong Barangay – if it is the SB members Section 61. Form and Filing of Administrative Complaints. –
A verified complaint against any erring local elective official shall be prepared as follows:
Note: Inaction within 5 days – deemed approved. (a) A complaint against any elective official of a province, a highly urbanized city, an
independent component city or component city shall be filed before the Office of the
President;
DISIPLINARY ACTIONS
(b) A complaint against any elective official of a municipality shall be filed before the
GROUNDS sangguniang panlalawigan whose decision may be appealed to the Office of the
President; and
Section 60. Grounds for Disciplinary Actions. –
An elective local official may be disciplined, suspended, or removed from office on any of the (c) A complaint against any elective barangay official shall be filed before the
following grounds: sangguniang panlungsod or sangguniang bayan concerned whose decision shall be final
(a) Disloyalty to the Republic of the Philippines; and executory.

(b) Culpable violation of the Constitution; • These are the tribunals or offices that have jurisdiction over disciplinary action, if you are to
file the administrative case under the Local Government Code:
(c) Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty; - Office of the President: Province, HUC and City
- Sangguniang Panlalawigan: Municipality - appealable to the Office of the President
(d) Commission of any offense involving moral turpitude or an offense punishable by at - Sangguniang Panlungsod (if city) or Sangguniang Bayan (if municipality):
least prision mayor; Barangay - final and executory

(e) Abuse of authority; → In the case of Barangay, the decision of the SP is final and executory, unlike in the case
of a municipality that it can be appealed to the President. But as you know, you can
(f) Unauthorized absence for fifteen (15) consecutive working days, except in the case of invoke Rule 65 of the Rules of Court on the grounds of grave abuse of discretion
members of the sangguniang panlalawigan, sangguniang panlungsod, sangguniang amounting to lack or excess of jurisdiction.
bayan, and sangguniang barangay;
*You will notice that it actually depends on the affiliation of the respondent. If he belongs to
(g) Application for, or acquisition of, foreign citizenship or residence or the status of an the Liberal Party, for example, like our incumbent Governor, you don’t file the administrative
immigrant of another country; and case in the Office of the President. (kapartido man si Noynoy ug Junjun Davide)

(h) Such other grounds as may be provided in this Code and other laws. • Concurrent Jurisdiction with the Ombudsman
Alejandro vs Office of the Ombudsman
An elective local official may be removed from office on the grounds enumerated above by order of - The Ombudsman has concurrent jurisdiction over administrative cases which are within
the proper court. the jurisdiction of the regular courts or administrative agencies.
- The Office of the Ombudsman was created by no less than the Constitution. It is tasked
→ Pursuant to the constitutional mandate that there must be a provision on accountability in the to exercise disciplinary authority over all elective and appointive officials, save only for
LGC. impeachable officers. While Section 21 of The Ombudsman Act and the Local
→ Purpose: To discipline local elective officials. Government Code both provide for the procedure to discipline elective officials, the
→ It has the nature of an administrative proceeding. Therefore, it imposes administrative seeming conflicts between the two laws have been resolved in cases decided by this
penalties. And the highest penalty that may be imposed is only SUSPENSION. Court.

By: RLB                    
 
- we pointed out that "there is nothing in the Local Government Code to indicate that it (b) When the respondent is an elective official of a province or highly urbanized city,
has repealed, whether expressly or impliedly, the pertinent provisions of the Ombudsman such hearing and investigation shall be conducted in the place where he renders or holds
Act. The two statutes on the specific matter in question are not so inconsistent . . . as to office. For all other local elective officials, the venue shall be the place where the
compel us to only uphold one and strike down the other." The two laws may be sanggunian concerned is located.
reconciled by understanding the primary jurisdiction and concurrent jurisdiction of the
Office of the Ombudsman. (c) However, no investigation shall be held within ninety (90) days immediately prior to
- Any act or omission of a public officer or employee occupying a salary grade lower than any local election, and no preventive suspension shall be imposed within the said period.
27 is within the concurrent jurisdiction of the Ombudsman and of the regular courts or If preventive suspension has been imposed prior to the 90-day period immediately
other investigative agencies. preceding local election, it shall be deemed automatically lifted upon the start of
- In administrative cases involving the concurrent jurisdiction of two or more disciplining aforesaid period.
authorities, the body where the complaint is filed first, and which opts to take cognizance
of the case, acquires jurisdiction to the exclusion of other tribunals exercising concurrent
jurisdiction. In this case, the petitioner is a Barangay Chairman, occupying a position PREVENTIVE SUSPENSION
corresponding to salary grade 14.
- Since the complaint against the petitioner was initially filed with the Office of the Section 63. Preventive Suspension. –
Ombudsman, the Ombudsman's exercise of jurisdiction is to the exclusion of the (a) Preventive suspension may be imposed:
sangguniang bayan whose exercise of jurisdiction is concurrent.
(1) By the President, if the respondent is an elective official of a province, a
*So typically, the usual mode of disciplinary action is through the ombudsman. For the following highly urbanized or an independent component city;
reasons:
(1) It is not expected to be highly politicized now, compared to before when the it was (2) By the governor, if the respondent is an elective official of a component
administrated by Gutierrez but now it is under the EVER straight and strict retired SC city or municipality; or
Justice Conchita Carpio-Morales. Naa tanan! Maldita, strikta, straight!
(3) By the mayor, if the respondent is an elective official of the barangay.
(2) if you tend to seek imposition of preventive suspension, mas taas ang ombudsman, 6
months of preventive suspension. Whereas, in the case of LGC, 60 days and if multiple, (b) Preventive suspension may be imposed at any time after the issues are joined, when
90 days. the evidence of guilt is strong, and given the gravity of the offense, there is great
probability that the continuance in office of the respondent could influence the witnesses
• Rules and Prohibitions during Investigation: or pose a threat to the safety and integrity of the records and other evidence: Provided,
(1) Investigation shall commence 10 days after respondent answers; That, any single preventive suspension of local elective officials shall not extend beyond
(2) Investigation shall be held only in the place where the respondent holds office; sixty (60) days: Provided, further, That in the event that several administrative cases are
(3) No investigation within 90 days immediately prior to local election and no filed against an elective official, he cannot be preventively suspended for more than
preventive suspension shall be imposed within said period (if already imposed, it ninety (90) days within a single year on the same ground or grounds existing and known
should be lifted ipso facto); at the time of the first suspension.

*2nd rule is the venue of the investigation (c) Upon expiration of the preventive suspension, the suspended elective official shall be
*What is important here is the 3rd rule. Because this is to prevent the mechanism of deemed reinstated in office without prejudice to the continuation of the proceedings
disciplining an official as a method or tool for political harassments. against him, which shall be terminated within one hundred twenty (120) days from the
time he was formally notified of the case against him. However, if the delay in the
NOTE: what cannot be done during the 90-day period, mentioned in the 3rd rule, are: proceedings of the case is due to his fault, neglect, or request, other than the appeal
(a) Investigation duly filed, the duration of such delay shall not be counted in computing the time of
(b) Preventive suspension termination of the case.
which means that if what is imposed is already the PENALTY of suspension, then your 90-day
prohibited period will not apply because there is already a hearing and decision has already (d) Any abuse of the exercise of the power of preventive suspension shall be penalized
become final and executory. as abuse of authority.

→ It is not a penalty; Hence invocation of due process is generally not appropriate.


NOTICE OF HEARING → Due process is irrelevant. There is no denial of life, liberty or property because public office is
not a property, public office is a public trust.
Section 62. Notice of hearing. – → In Bunye vs Escareal and Ganzon vs CA, SC held that the sole objective of an
(a) Within seven (7) days after the administrative complaint is filed, the Office of the administrative suspension is:
President or the sanggunian concerned, as the case may be, shall require the respondent - To prevent the accused from hampering the normal course of the investigation with his
to submit his verified answer within fifteen (15) days from receipt thereof, and influence and authority over possible witnesses or to keep him off the records and other
commence the investigation of the case within ten (10) days after receipt of such answer evidence; and
of the respondent. - To assist prosecutors in firming up a case, if any, against an erring local official.

By: RLB                    
 
• Authority to impose preventive suspension: against him, and to require the attendance of witnesses and the production of documentary
1) President – in the case of Province, HUC and ICC; process of subpoena or subpoena duces tecum.
2) Governor – in the case of CC and Municipality;
3) Mayor – in the case of barangay. • Rights:
- Hearing
• Conditions sine qua non: (Section 63; Joson III vs CA) - Counsel
a) Issues have already been joined; - Cross-Examine witnesses
b) After filing of the answer (any pleading filed whether it is the formal answer or not), - Compulsory Process
which may be in various forms so long as it will render the allegations be considered - Period of Investigation - 90days
as issues - Period to Decide - 30days
c) Evidence of guilt is strong; - Penalty of Suspension
d) Given the gravity of the offense, respondent might influence witnesses or pose a
threat to records/evidence. ü Limitation on the imposition of the above-mentioned penalty of suspension:
- shall not exceed the unexpired term
Ø In a case, when are issues considered joined? What is an issue? - a maximum period of six (6) months per administrative case
Answer: In legal parlance, an issue is an allegation that is denied by the other party - not a bar to candidacy
because allegation that is admitted is not an issue. Therefore, issues are joined upon the
filing of a responsive pleading. Question: For example, if before the expiration of the term of the Governor, which expires
on noon of June 30, 2013, and the suspension was imposed on March 2013, so the 6 months
• Length of preventive suspension: suspension was not fully consumed/served. Can it be carried over, assuming that the
- Single offense – 60 Governor gets reelected?
- Multiple offense – 90 → NO because of the limitation that it shall not exceed the unexpired term.

*In the case of the Ombudsman, you can ask for a 6 months preventive suspension. Question: What is an instance that bars a person for candidacy?
→ Penalty of REMOVAL from office under Section 40 of the LGC. Provided that the removal
Note: Prior hearing is not required in preventive suspension because it is not a penalty and was a result of: (1) an administrative case and (1) it was made or effected during the
will not violate due process effectivity of the LGC of 1991.

• Why is the preventive suspension under the LGC shorter? • Aguinaldo Doctrine
Garcia vs Mojica - The philosophy behind this doctrine is the principle of condonation. Wherein a
- Under the LGC, preventive suspension may only be imposed after the issues are joined, misconduct committed by an elected public official during a prior term will be considered
and only for a maximum period of sixty days. Here, petitioner was suspended without as having been condoned or forgiven by the electorates, if the said elective official
having had the chance to refute first the charges against him, and for the maximum happens to be reelected.
period of six months provided by the Ombudsman Law. But administrative complaints - It is called “Aguinaldo Doctrine” not because it was a landmark case but simply because
commenced under the Ombudsman Law are distinct from those initiated under the Local the Aguinaldo vs Santos case was the first case that applied the principle of condonation
Government Code. The shorter period of suspension under the Local Government Code is after the effectivity of the 1987 Constitution and the LGC of 1991.
intended to limit the period of suspension that may be imposed by a mayor, a governor, - Applies only in an administrative proceeding.
or the President, who may be motivated by partisan political considerations. In contrast
the Ombudsman, who can impose a longer period of preventive suspension, is not likely • Aguinaldo vs Santos
to be similarly motivated because it is a constitutional body. The distinction is valid but - The rule is that a public official cannot be removed for administrative misconduct
not decisive of whether there has been grave abuse of discretion in a specific case of committed during a prior term, since his re-election to office operates as a condonation
preventive suspension. of the officer's previous misconduct to the extent of cutting off the right to remove him
therefrom. The foregoing rule, however, finds no application to criminal cases pending
against petitioner for acts he may have committed during the failed coup.
SALARY OF RESPONDENT PENDING PREVENTION SUSPENSION - It applies only to administrative case for misconduct, so the official may still be held
criminally or civilly liable for the same act under the “Three-fold Liability Rule”.
Section 64. Salary of Respondent Pending Suspension. - The respondent official
preventively suspended from office shall receive no salary or compensation during such • Three-Fold Liability Rule
suspension; but upon subsequent exoneration and reinstatement, he shall be paid full salary or - For a single and the same act of misconduct, it may give rise to at least 3 cases: (1)
compensation including such emoluments accruing during such suspension. Administrative case; (2) Criminal case; or (3) a civil case.
- These cases are separate, distinct and independent from each other. Thus, it means that
the outcome of 1 case should not affect the other cases. Such as when there is an
RIGHTS OF THE RESPONDENT acquittal in the criminal case, the said decision of acquittal cannot be considered as basis
for the dismissal of the administrative and the civil cases.
Section 65. Rights of Respondent. - The respondent shall be accorded full opportunity to - More so, these 3 cases observe different degrees of proof required:
appear and defend himself in person or by counsel, to confront and cross-examine the witnesses ü In criminal cases, you need proof of guilt beyond reasonable doubt.

By: RLB                    
 
ü In civil cases, you need preponderance of evidence. naught by the caprice or partisanship of the disciplining authority. Where the disciplining
ü In administrative case, you only need mere substantial evidence, which is authority is given only the power to suspend and not the power to remove, it should not
defined as evidence that any reasonable mind may accept as sufficient and be permitted to manipulate the law by usurping the power to remove.
logical to support in making a conclusion. - The rule which confers to the proper courts the power to remove an elective local official
from office is intended as a check against any capriciousness or partisan activity by the
NOTE: Hierarchy in the degrees of proof required: disciplining authority. Vesting the local legislative body with the power to decide whether
(1) Proof beyond reasonable doubt or not a local chief executive may be removed from office, and only relegating to the
(2) Preponderance of evidence courts a mandatory duty to implement the decision, would still not free the resolution of
(3) Clear and convincing evidence, in special cases like extradition the case from the capriciousness or partisanship of the disciplining authority.
(4) Mere substantial evidence. - Congress clearly meant that the removal of an elective local official be done only after a
trial before the appropriate court, where court rules of procedure and evidence can
Atty DBL’s side discussion: Therefore, it seems that the principle of condonation or otherwise ensure impartiality and fairness and protect against political maneuverings. Elevating the
called Aguinaldo Doctrine means that if you condone and forgive a person it is but essential removal of an elective local official from office from an administrative case to a court
that the person granting such forgiveness should have known the commission of the act. case may be justified by the fact that such removal not only punishes the official
Otherwise, unsa man iyang i.forgive kung wa siya’y knowledge. concerned but also, in effect, deprives the electorate of the services of the official for
whom they voted.
Also, there are some opinions and done in actual practices where an official is allowed to avail - As the law stands, Section 61 of the Local Government Code provides for the procedure
the Aguinaldo Doctrine even if it is not a case of reelection. Like when a mayor committed for the filing of an administrative case against an erring elective barangay official before
misconduct during his mayoralty term and after his term, the mayor becomes a governor, or the Sangguniang Panlungsod or Sangguniang Bayan. However, the Sangguniang
member of provincial board, or congressman. But it shouldn’t be like that because the Panlungsod or Sangguniang Bayan cannot order the removal of an erring elective
priniciple of condonation should only be applied when there is reelection. Even in the US. I barangay official from office, as the courts are exclusively vested with this power under
took pain on researching on that. It has to be the same constituents and the same office. Section 60 of the Local Government Code. Thus, if the acts allegedly committed by the
barangay official are of a grave nature and, if found guilty, would merit the penalty of
• Garcia vs Mojica removal from office, the case should be filed with the regional trial court. Once the court
-­‐ The alleged misconduct (signing of irregular contract) was committed 4 days before assumes jurisdiction, it retains jurisdiction over the case even if it would be subsequently
election day and it was not known to the public/voter until Mayor Garcia was already re- apparent during the trial that a penalty less than removal from office is appropriate. On
elected and served his new term. the other hand, the most extreme penalty that the Sangguniang Panlungsod or
-­‐ It was argued that since the electorates did not have knowledge of such misconduct at Sangguniang Bayan may impose on the erring elective barangay official is suspension; if
the time they voted for Garcia, it could not be said that they had condoned the it deems that the removal of the official from service is warranted, then it can resolve
misconduct of Garcia. that the proper charges be filed in court.
-­‐ Supreme Court disagreed because it is really impossible to determine actual or lack of
knowledge by the electorates about the misconduct at the time they cast their votes.
What can be determined is that the misconduct was committed during a prior term. The PENALTY AND ITS EFFECTS
fact that the misconduct was committed during the prior term, Aguinaldo
Doctrine applies. Section 66. Form and Notice of Decision. –
(a) The investigation of the case shall be terminated within ninety (90) days from the
NOTE: AGUINALDO DOCTRINE DOES NOT APPLY TO AN APPOINTED OFFICIAL WHO COMMITTED start thereof. Within thirty (30) days after the end of the investigation, the Office of the
MISCONDUCT WHILE IN HIS APPOINTIVE OFFICE AND WHO WAS LATER ON ELECTED INTO President or the sanggunian concerned shall render a decision in writing stating clearly
OFFICE. and distinctly the facts and the reasons for such decision. Copies of said decision shall
- It should be re-election immediately be furnished the respondent and all interested parties.
- Same constituents
- Same office (b) The penalty of suspension shall not exceed the unexpired term of the respondent or
a period of six (6) months for every administrative offense, nor shall said penalty be a
2011 Bar: Governor Paloma was administratively charged with abuse of authority before the bar to the candidacy of the respondent so suspended as long as he meets the
Office of the President. Pending hearing, he ran for re-election and won a second term. He then qualifications required for the office.
moved to dismiss the charged against him based on this supervening event. Should the motion be
granted? YES. (c) The penalty of removal from office as a result of an administrative investigation shall
- Apply the Aguinaldo Doctrine be considered a bar to the candidacy of the respondent for any elective position.

• Sangguniang Barangay of Don Mariano Marcos vs Martinez


- Only the court (RTC, CA or Sandiganbayan) can remove an elected official. ADMINISTRATIVE APPEALS
- It is beyond cavil, therefore, that the power to remove erring elective local officials from
service is lodged exclusively with the courts. The law on suspension or removal of Section 67. Administrative Appeals. –
elective public officials must be strictly construed and applied, and the authority in whom Decisions in administrative cases may, within thirty (30) days from receipt thereof, be appealed to
such power of suspension or removal is vested must exercise it with utmost good faith, the following:
for what is involved is not just an ordinary public official but one chosen by the people The sangguniang panlalawigan, in the case of decisions of the sangguniang panlungsod
through the exercise of their constitutional right of suffrage. Their will must not be put to of component cities and the sangguniang bayan; and
By: RLB                    
 

The Office of the President, in the case of decisions of the sangguniang panlalawigan and (b) The barangay, city or municipality, local legislative district and
the sangguniang panlungsod of highly urbanized cities and independent component the province to which the petitioners belong;
cities.
(c) The name of the official sought to be recalled; and
Decisions of the Office of the President shall be final and executory.
(d) A brief narration of the reasons and justifications therefor.

EXECUTION PENDING APPEAL (3) The Comelec shall, within fifteen (15) days from the filing of the petition,
certify to the sufficiency of the required number of signatures. Failure to obtain
Section 68. Execution Pending Appeal. - An appeal shall not prevent a decision from becoming the required number of signatures automatically nullifies the petition;
final or executory. The respondent shall be considered as having been placed under preventive
suspension during the pendency of an appeal in the event he wins such appeal. In the event the (4) If the petition is found to be sufficient in form, the Comelec or its duly
appeal results in an exoneration, he shall be paid his salary and such other emoluments during the authorized representative shall, within three (3) days from the issuance of the
pendency of the appeal. certification, provide the official sought to be recalled a copy of the petition,
cause its publication in a national newspaper of general circulation and a
newspaper of general circulation in the locality, once a week for three (3)
RECALL consecutive weeks at the expense of the petitioners and at the same time post
copies thereof in public and conspicuous places for a period of not less than
SECTION 69. By Whom Exercised. — The power of recall for loss of confidence shall be ten (10) days nor more than twenty (20) days, for the purpose of allowing
exercised by the registered voters of a local government unit to which the local elective official interested parties to examine and verify the validity of the petition and the
subject to such recall belongs. authenticity of the signatures contained therein.

Section 70. Initiation of the Recall Process. — (as amended by RA 9244) (5) The Comelec or its duly authorized representatives shall, upon issuance of
(a) The Recall of any elective provincial, city, municipal or barangay official shall be certification, proceed independently with the verification and authentication of
commenced by a petition of a registered voter in the local government unit concerned the signatures of the petitioners and registered voters contained therein.
and supported by the registered voters in the local government unit concerned during Representatives of the petitioners and the official sought to be recalled shall be
the election in which the local official sought to be recalled was elected subject to the duly notified and shall have the right to participate therein as mere observers.
following percentage requirements: The filing of any challenge or protest shall be allowed within the period
provided in the immediately preceding paragraph and shall be ruled upon with
(1) At least twenty-five percent (25%) in the case of local government units finality within fifteen (15) days from the date of filing of such protest or
with a voting population of not more than twenty thousand (20,000); challenge;

(2) At least twenty percent (20%) in the case of local government units with a (6) Upon the lapse of the aforesaid period, the Comelec or its duly authorized
voting population of at least twenty thousand (20,000) but not more than representative shall announce the acceptance of candidates to the position and
seventy-five thousand (75,000): Provided, That in no case shall the required thereafter prepare the list of candidates which shall include the name of the
petitioners be less than five thousand (5,000); official sought to be recalled.

(3) At least fifteen percent (15%) in the case of local government units with a SEC. 71. Election on Recall. — Upon the filing of a valid petition for recall with the appropriate
voting population of at least seventy-five thousand (75,000) but not more than local office of the Comelec, the Comelec or its duly authorized representative shall set the date of
three hundred thousand (300,000): Provided, however, That in no case shall the election or recall, which shall not be later than thirty (30) days upon the completion of the
the required number of petitioners be less than fifteen thousand (15,000); and procedure outlined in the preceding article, in the case of the barangay, city or municipal officials,
and forty-five (45) days in the case of provincial officials. The officials sought to be recalled shall
(4) At least ten percent (10%) in the case of local government units with a automatically be considered as duly registered candidate or candidates to the pertinent positions
voting population of over three hundred thousand (300,000): Provided, and, like other candidates, shall be entitled to be voted upon. (as amended by RA 9244)
however, That in no case shall the required petitioners be less than forty-five
thousand (45,000). SECTION 72. Effectivity of Recall. — The recall of an elective local official shall be effective
only upon the election and proclamation of a successor in the person of the candidate receiving the
(b) The process of recall shall be effected in accordance with the following procedure: highest number of votes cast during the election on recall. Should the official sought to be recalled
receive the highest number of votes, confidence in him is thereby affirmed, and he shall continue in
(1) A written petition for recall duly signed by the representatives of the office.
petitioners before the election registrar or his representative, shall be filed with
the Comelec through its office in the local government unit concerned. SECTION 73. Prohibition from Resignation. — The elective local official sought to be recalled
shall not be allowed to resign while the recall process is in progress.
(2) The petition to recall shall contain the following:
(a) The names and addresses of the petitioners written in legible
form and their signatures;
By: RLB                    
 
SECTION 74. Limitations on Recall. —
(a) Any elective local official may be the subject of a recall election only once during his HUMAN RESOURCE AND DEVELOPMENT
term of office for loss of confidence. (I think ang important kay ang Section 90 on practice on profession kay mao man iyang g.discuss
ra. But aku na lang gibutang ang codal jud sa tanan kay basin MCQ niya J )
(b) No recall shall take place within one (1) year from the date of the official's
assumption to office or one (1) year immediately preceding a regular local election. SECTION 76. Organizational Structure and Staffing Pattern. — Every local government unit
shall design and implement its own organizational structure and staffing pattern taking into
SECTION 75. Expenses Incident to Recall Elections. — All expenses incident to recall consideration its service requirements and financial capability, subject to the minimum standards
elections shall be borne by the COMELEC. For this purpose, there shall be included in the annual and guidelines prescribed by the Civil Service Commission.
General Appropriations Act a contingency fund at the disposal of the COMELEC for the conduct of
recall elections. SECTION 77. Responsibility for Human Resources and Development. — The chief
executive of every local government unit shall be responsible for human resources and
→ Definition: Recall is a mode of removing an elected official by the people before the end of his development in his unit and shall take all personnel actions in accordance with the constitutional
term. provisions on civil service, pertinent laws, and rules and regulations thereon, including such
→ Ground: LOSS OF TRUST AND CONFIDENCE policies, guidelines and standards as the Civil Service Commission may establish: Provided, That
→ No more preparatory recall assembly (PRA) as a mode of initiating recall. the local chief executive may employ emergency or casual employees or laborers paid on a daily
→ There is only one mode of initiating recall: By the Registered Voters (following certain wage or piecework basis and hired through job orders for local projects authorized by the
percentage) sanggunian concerned, without need of approval or attestation by the Civil Service Commission:
Provided, further, That the period of employment of emergency or casual laborers as provided in
*In the Philippines, we only apply recall to local elective officials. this section shall not exceed six (6) months.
- The incumbent official, who is the subject of the recall proceedings, will automatically
becomes a candidate for that recall election, whether he likes it or not. In fact, he cannot The Joint Commission on Local Government Personnel Administration organized pursuant to
resign. Then, Comelec will invite other persons to file COC for the recall election. Presidential Decree Numbered Eleven Hundred thirty-six (P.D. No. 1136) is hereby abolished and
o If the incumbent official will win the recall election, it means that the recall its personnel, records, equipment and other assets transferred to the appropriate office in the Civil
election failed since it has been shown that the people still have their trust and Service Commission.
confidence on the incumbent.
SECTION 78. Civil Service Law, Rules and Regulations, and Other Related Issuances. —
o If somebody else wins the recall election, then it means that the recall election All matters pertinent to human resources and development in local government units shall be
succeeded, since it has been shown that the people lost their trust and governed by the civil service law and such rules and regulations and other issuances promulgated
confidence on the incumbent. pursuant thereto, unless otherwise specified in this Code.

- The reason behind the requirement of certain percentages is that it cannot be that, every SECTION 79. Limitation on Appointments. — No person shall be appointed in the career
now and then, each time a local elective official sits in the office that he will face a recall service of the local government if he is related within the fourth civil degree of consanguinity or
election. To give semblance of legitimacy to a grievance by the electorates, the affinity to the appointing or recommending authority.
registered voters needs the support of 25%, 20% etc. as the case may be.
SECTION 80. Public Notice of Vacancy; Personnel Selection Board. —
• Prohibition in Recall Proceedings: (a) Whenever a local executive decides to fill a vacant career position, there shall be
(a) No resignation during recall process; posted notices of the vacancy in at least three (3) conspicuous public places in the local
(b) Recall election should only be once during the term of the official. government unit concerned for a period of not less than fifteen (15) days.

NOTE: it speaks of “election”, not “proceeding”, thus, initiation can be done more than (b) There shall be established in every province, city or municipality a personnel selection
once. board to assist the local chief executive in the judicious and objective selection of
personnel for employment as well as for promotion, and in the formulation of such
(c) No recall election shall take place: policies as would contribute to employee welfare.
- within one (1) year from date of official’s assumption to office or
- one (1) year immediately preceding a regular election (day of election and that (c) The personnel selection board shall be headed by the local chief executive, and its
election affecting the office of the official concerned) members shall be determined by resolution of the sanggunian concerned. A
representative of the Civil Service Commission, if any, and the personnel officer of the
*Hence, a recall election can only be scheduled during the middle of the incumbent local government unit concerned shall be ex officio members of the board.
official’s term. The reason in the first prohibition, it is too early to tell that the people had
already lost their trust and confidence and it is not a good practice. Also, it is to give him SECTION 81. Compensation of Local Officials and Employees. — The compensation of local
a chance to prove himself. While in the second prohibition, it is too close to the next officials and personnel shall be determined by the sanggunian concerned: Provided, That the
regular election, thus, it wouldn’t be prudent to insist on a recall election when the voters increase in compensation of elective local officials shall take effect only after the terms of office of
can still manifest their decision on the incumbent official in the next regular election. It is those approving such increase shall have expired: Provided, further, That the increase in
also a waste of money and resources. compensation of the appointive officials and employees shall take effect as provided in the
ordinance authorizing such increase: Provided, however, That said increases shall not exceed the
limitations on budgetary allocations for personal services provided under Title Five, Book II of this
By: RLB                    
 
Code: Provided, finally, That such compensation may be based upon the pertinent provisions of administrative proceedings against him until its termination. If the delay in the
Republic Act Numbered Sixty-seven fifty-eight (R.A. No 6758), otherwise known as the proceedings of the case is due to the fault, neglect or request of the respondent, the
"Compensation and Position Classification Act of 1989". time of the delay shall not be counted in computing the period of suspension herein
provided.
The punong barangay, the sangguniang barangay members, the sangguniang kabataan chairman,
the barangay treasurer, and the barangay secretary shall be entitled to such compensation, SECTION 86. Administrative Investigation. — In any local government unit, administrative
allowances, emoluments, and such other privileges as provided under Title One, Book III of this investigation may be conducted by a person or a committee duly authorized by the local chief
Code. executive. Said person or committee shall conduct hearings on the cases brought against
appointive local officials and employees and submit their findings and recommendations to the local
Elective local officials shall be entitled to the same leave privileges as those enjoyed by appointive chief executive concerned within fifteen (15) days from the conclusion of the hearings. The
local officials, including the cumulation and commutation thereof. administrative cases herein mentioned shall be decided within ninety (90) days from the time the
respondent is formally notified of the charges.
SECTION 82. Resignation of Elective Local Officials. —
(a) Resignations by elective local officials shall be deemed effective only upon acceptance SECTION 87. Disciplinary Jurisdiction. — Except as otherwise provided by law, the local chief
by the following authorities: executive may impose the penalty of removal from service, demotion in rank, suspension for not
more than one (1) year without pay, fine in an amount not exceeding six (6) months salary, or
(1) The President, in the case of governors, vice-governors, and mayors and reprimand and otherwise discipline subordinate officials and employees under his jurisdiction. If the
vice-mayors of highly urbanized cities and independent component cities; casia penalty imposed is suspension without pay for not more than thirty (30) days, his decision shall be
final. If the penalty imposed is heavier than suspension of thirty (30) days, the decision shall be
(2) The governor, in the case of municipal mayors, municipal vice-mayors, city appealable to the Civil Service Commission, which shall decide the appeal within thirty (30) days
mayors and city vice-mayors of component cities; from receipt thereof. acd

(3) The sanggunian concerned, in the case of sanggunian members; and SECTION 88. Execution Pending Appeal. — An appeal shall not prevent the execution of a
decision of removal or suspension of a respondent-appellant. In case the respondent-appellant is
(4) The city or municipal mayor, in the case of barangay officials. exonerated, he shall be reinstated to his position with all the rights and privileges appurtenant
thereto from the time he had been deprived thereof.
(b) Copies of the resignation letters of elective local officials, together with the action
taken by the aforesaid authorities, shall be furnished the Department of the Interior and SECTION 89. Prohibited Business and Pecuniary Interest. —
Local Government. (a) It shall be unlawful for any local government official or employee, directly or
indirectly, to:
(c) The resignation shall be deemed accepted if not acted upon by the authority (1) Engage in any business transaction with the local government unit in which
concerned within fifteen (15) working days from receipt thereof. cdasia he is an official or employee or over which he has the power of supervision, or
with any of its authorized boards, officials, agents, or attorneys, whereby
(d) Irrevocable resignations by sanggunian members shall be deemed accepted upon money is to be paid, or property or any other thing of value is to be
presentation before an open session of the sanggunian concerned and duly entered in its transferred, directly or indirectly, out of the resources of the local government
records: Provided, however, That this subsection does not apply to sanggunian members unit to such person or firm;
who are subject to recall elections or to cases where existing laws prescribe the manner
of acting upon such resignations. (2) Hold such interests in any cockpit or other games licensed by a local
government unit;
SECTION 83. Grievance Procedure. — In every local government unit, the local chief executive
shall establish a procedure to inquire into, act upon, resolve or settle complaints and grievances (3) Purchase any real estate or other property forfeited in favor of such local
presented by local government employees. government unit for unpaid taxes or assessment, or by virtue of a legal
process at the instance of the said local government unit;
SECTION 84. Administrative Discipline. — Investigation and adjudication of administrative
complaints against appointive local officials and employees as well as their suspension and removal (4) Be a surety for any person contracting or doing business with the local
shall be in accordance with the civil service law and rules and other pertinent laws. The results of government unit for which a surety is required; and
such administrative investigations shall be reported to the Civil Service Commission.
(5) Possess or use any public property of the local government unit for private
SECTION 85. Preventive Suspension of Appointive Local Officials and Employees. — purposes.
(a) The local chief executives may preventively suspend for a period not exceeding sixty
(60) days and subordinate official or employee under his authority pending investigation (b) All other prohibitions governing the conduct of national public officers relating to
if the charge against such official or employee involves dishonesty, oppression or grave prohibited business and pecuniary interest so provided for under Republic Act Numbered
misconduct or neglect in the performance of duty, or if there is reason to believe that the Sixty-seven thirteen (R.A. No. 6713) otherwise known as the "Code of Conduct and
respondent is guilty of the charges which would warrant his removal from the service. Ethical Standards for Public Officials and Employees" and other laws shall also be
applicable to local government officials and employees.
(b) Upon expiration of the preventive suspension, the suspended official or employee
shall be automatically reinstated in office without prejudice to the continuation of the
By: RLB                    
 
SECTION 90. Practice of Profession. — (b) Except for losing candidates in barangay elections, no candidate who lost in any
(a) All governors, city and municipal mayors are prohibited from practicing their election shall, within one (1) year after such election, be appointed to any office in the
profession or engaging in any occupation other than the exercise of their functions as government or any government-owned or -controlled corporations or in any of their
local chief executives. subsidiaries.

(b) Sanggunian members may practice their professions, engage in any occupation, or SECTION 95. Additional or Double Compensation. — No elective or appointive local official or
teach in schools except during session hours: Provided, That sanggunian members who employee shall receive additional, double, or indirect compensation, unless specifically authorized
are also members of the Bar shall not: by law, nor accept without the consent of Congress, any present, emoluments, office, or title of any
(1) Appear as counsel before any court in any civil case wherein a local kind from any foreign government. Pensions or gratuities shall not be considered as additional,
government unit or any office, agency, or instrumentality of the government is double, or indirect compensation.
the adverse party;
SECTION 96. Permission to Leave Station. —
(2) Appear as counsel in any criminal case wherein an officer or employee of (a) Provincial, city, municipal, and barangay appointive officials going on official travel
the national or local government is accused of an offense committed in relation shall apply and secure written permission from their respective local chief executives
to his office. before departure. The application shall specify the reasons for such travel, and the
permission shall be given or withheld based on considerations of public interest, financial
(3) Collect any fee for their appearance in administrative proceedings involving capability of the local government unit concerned and urgency of the travel. Should the
the local government unit of which he is an official; and local chief executive concerned fail to act upon such application within four (4) working
days from receipt thereof, it shall be deemed approved.
(4) Use property and personnel of the government except when the
sanggunian member concerned is defending the interest of the government. (b) Mayors of component cities and municipalities shall secure the permission of the
governor concerned for any travel outside the province.
(c) Doctors of medicine may practice their profession even during official hours of work
only on occasions of emergency: Provided, that the officials concerned do not derive (c) Local government officials traveling abroad shall notify their respective sanggunian:
monetary compensation therefrom. Provided, That when the period of travel extends to more than three (3) months, during
periods of emergency or crisis or when the travel involves the use of public funds,
SECTION 91. Statement of Assets and Liabilities. — (a) Officials and employees of local permission from the Office of the President shall be secured.
government units shall file sworn statements of assets, liabilities and net worth, lists of relatives
within the fourth civil degree of consanguinity or affinity in government service, financial and (d) Field officers of national agencies or offices assigned in provinces, cities, and
business interests, and personnel data sheets as required by law. municipalities shall not leave their official stations without giving prior written notice to
the local chief executive concerned. Such notice shall state the duration of travel and the
SECTION 92. Oath of Office. — (a) All elective and appointive local officials and employees shall, name of the officer whom he shall designate to act for and in his behalf during his
upon assumption to office, subscribe to an oath or affirmation of office in the prescribed form. The absence.
oath or affirmation of office shall be filed with the office of the local chief executive concerned. A
copy of the oath or affirmation of office of all elective and appointive local officials and employees • Resignation of an Elective Official
shall be preserved in the individual personal records file under the custody of the personnel office, - Effective upon acceptance by President, Governor, Sanggunian, or Mayor, as the case
division, or section of the local government unit concerned. aisa dc may be.
- If not acted upon by the authority within 15 working days from receipt, deemed
SECTION 93. Partisan Political Activity. — No local official or employee in the career civil accepted.
service shall engage directly or indirectly in any partisan political activity or take part in any
election, initiative, referendum, plebiscite, or recall, except to vote, nor shall he use his official NOTE: An elected official cannot resign when (a) facing recall process; or (b) facing administrative
authority or influence to cause the performance of any political activity by any person or body. He proceeding.
may, however, express his views on current issues, or mention the names of certain candidates for
public office whom he supports. Elective local officials may take part in partisan political and Question: Who among the following local elective officials can practice his profession?
electoral activities, but it shall be unlawful for them to solicit contributions from their subordinates A. Mayor X who is a doctor
or subject these subordinates to any of the prohibited acts under the Omnibus Election Code. B. Vice-Mayor Y, who is an Engineer
C. Councilor Z, who is a lawyer
SECTION 94. Appointment of Elective and Appointive Local Officials; Candidates Who
Lost in an Election. — Answer in A: X, being a local chief executive, he is barred from practicing his profession, any
(a) No elective or appointive local official shall be eligible for appointment or designation profession for that matter, and also barred in engaging in any occupation. The reason is that a LCE
in any capacity to any public office or position during his tenure. cdt is a full time job. But if there is an emergency and even during office hours, X, who is a doctor of
Unless otherwise allowed by law or by the primary functions of his position, no elective medicine, may practice provided that it is without compensation.
or appointive local official shall hold any other office or employment in the government or
any subdivision, agency or instrumentality thereof, including government-owned or - Answer in B: Y, being a vice mayor, so technically, he is a member of the sanggunian, and under
controlled corporations or their subsidiaries; the LGC, members of the sanggunian can practice his profession except during session hours.

By: RLB                    
 
Answer in C: Z, a lawyer and a councilor, may practice his profession but he cannot appear in (b) Proposed ordinances and resolutions shall be in writing and shall contain an assigned
court in any civil case where the adverse party is the government, he cannot appear in court in any number, a title or caption, an enacting or ordaining clause, and the date of its proposed
criminal case where an employee of the government is accused of an offense related to the office effectivity. In addition, every proposed ordinance shall be accompanied by a brief
of Councilor Z, he cannot collect any fee for his appearance in an administrative proceeding in explanatory note containing the justification for its approval. It shall be signed by the
involving his LGU and he cannot use the property or personnel of the government unless Z is author or authors and submitted to the secretary to the sanggunian who shall report the
defending the interest of the same. same to the sanggunian at its next meeting.

• Practice of Profession (c) A resolution shall be enacted in the same manner prescribed for an ordinance, except
→ General Rule: that it need not go through a third reading for its final consideration unless decided
- All LCEs cannot practice profession nor engage in any occupation other than otherwise by a majority of all the sanggunian members.
the exercise of their functions as LCEs.
(d) No ordinance or resolution shall be considered on second reading in any regular
→ Exception: meeting unless it has been reported out by the proper committee to which it was
- If he is a doctor, in which case, he can practice such profession but only in referred or certified as urgent by the local chief executive.
case of emergency even during session hours without compensation.
- SP Member can practice profession or engage in any occupation except during (e) Any legislative matter duly certified by the local chief executive as urgent, whether or
session hours, with certain limitations to Lawyers on grounds of conflict of not it is included in the calendar of business, may be presented and considered by the
interests. body at the same meeting without need of suspending the rules.
- Doctors can practice in case of emergency even during session hours without
compensation. (f) The secretary to the sanggunian of the province, city or municipality shall prepare
copies of the proposed ordinance or resolution in the form it was passed on second
RECAP: Under Section 90 of the LGC, all LCE is prohibited to practice his profession other than reading, and shall distribute to each sanggunian member a copy thereof, except that a
being an LCE. But an official can practice profession if the following concurs: measure certified by the local chief executive concerned as urgent may be submitted for
ü If the official is a LCE and also a doctor of medicine (even during office hours) — final voting immediately after debate or amendment during the second reading.
- It is an emergency
- Without compensation (the only way to circumvent this, is not to issue a receipt. (g) No ordinance or resolution passed by the sanggunian in a regular or special session
Haha) duly called for the purpose shall be valid unless approved by a majority of the members
present, there being a quorum. Any ordinance or resolution authorizing or directing the
ü If the official is a member of the Sanggunian, he may practice his profession, engage in payment of money or creating liability, shall require the affirmative vote of a majority of
an occupation or teach in a school, provided that: all the sanggunian members for its passage.
- During session hours, he cannot practice
(h) Upon the passage of all ordinances and resolutions directing the payment of money
ü If the official is a lawyer, he may practice his profession, engage in an occupation or or creating liability, and at the request of any member, of any resolution or motion, the
teach in a school, but subject to the following: sanggunian shall record the ayes and nays. Each approved ordinance or resolution shall
- In any civil case, he cannot appear as counsel in court wherein the adverse party is be stamped with the seal of the sanggunian and recorded in a book kept for the purpose.
the government or any of its instrumentality.
- In any criminal case, he cannot appear as counsel in court wherein the accused who → It maybe that in a particular legislative measure, it is denominated as a resolution. But if it
committed an offense is an official or employee related to his office. shown that the resolution partakes the nature and character of an ordinance, like the
- In any administrative case involving the LGU of which he is an official, he cannot legislative measure is enacted for a permanent purpose, and it undergoes the same process
collect a fee for his appearance. as an ordinance, like there is a 3rd reading. It may still be treated as an ordinance. It is in the
- Unless he is defending the interest of the government, he cannot use any property nature and process.
or personnel of the same.
• Municipality of Parañaque vs V.M. Realty Corp.
- We are not convinced by petitioner's insistence that the terms "resolution" and
LOCAL LEGISLATIONS "ordinance" are synonymous. A municipal ordinance is different from a resolution. An
ordinance is a law, but a resolution is merely a declaration of the sentiment or opinion of
ORDINANCE VS RESOLUTION a lawmaking body on a specific matter. 32 An ordinance possesses a general and
permanent character, but a resolution is temporary in nature. Additionally, the two are
ARTICLE 107 of IRR of LGC. Ordinances and Resolutions. — The following rules shall govern enacted differently — a third reading is necessary for an ordinance, but not for a
the enactment of ordinances and resolutions: resolution, unless decided otherwise by a majority of all the Sanggunian members.
(a) Legislative actions of a general and permanent character shall be enacted in the form
of ordinances, while those which are of temporary character shall be passed in the form
of resolutions. Matters relating to proprietary functions and to private concerns shall also LOCAL LEGISLATIVE BODIES
be acted upon by resolution.
SECTION 48. Local Legislative Power. — Local legislative power shall be exercised by the
sangguniang panlalawigan for the province; the sangguniang panlungsod for the city; the
sangguniang bayan for the municipality; and the sangguniang barangay for the barangay. cdtai
By: RLB                    
 

SECTION 49. Presiding Officer. — In the absence of a specific constitutional or statutory provision applicable to this
(a) The vice-governor shall be the presiding officer of the sangguniang panlalawigan; the situation, "conflict of interest" refers in general to one where it may be reasonably
city vice-mayor, of the sangguniang panlungsod; the municipal vice-mayor of the deduced that a member of a sanggunian may not act in the public interest due to some
sangguniang bayan; and the punong barangay, of the sangguniang barangay. The private, pecuniary, or other personal considerations that may tend to affect his judgment
presiding officer shall vote only to break a tie. to the prejudice of the service or the public.

(b) In the event of the inability of the regular presiding officer to preside at a sanggunian (b) The disclosure required under this Act shall be made in writing and submitted to the
session, the members present and constituting a quorum shall elect from among secretary of the sanggunian or the secretary of the committee of which he is a member.
themselves a temporary presiding officer. He shall certify within ten (10) days from the The disclosure shall, in all cases, form part of the record of the proceedings and shall be
passage of ordinances enacted and resolutions adopted by the sanggunian in the session made in the following manner: cd
over which he temporarily presided. cda
(1) Disclosure shall be made before the member participates in the
SECTION 50.Internal Rules of Procedure. — deliberations on the ordinance or resolution under consideration: Provided,
(a) On the first regular session following the election of its members and within ninety That, if the member did not participate during the deliberations, the disclosure
(90) days thereafter, the sanggunian concerned shall adopt or update its existing rules of shall be made before voting on the ordinance or resolution on second and third
procedure. readings; and

(b) The rules of procedure shall provided for the following: (2) Disclosure shall be made when a member takes a position or makes a
(1) The organization of the sanggunian and the election of its officers as well privilege speech on a matter that may affect the business interest, financial
as the creation of standing committees which shall include, but shall not be connection, or professional relationship described herein.
limited to, the committees on appropriations, women and family, human rights,
youth and sports development, environmental protection, and cooperatives; SECTION 52. Sessions. —
the general jurisdiction of each committee; and the election of the chairman (a) On the first day of the session immediately following the election of its members, the
and members of each committee; sanggunian shall, by resolution, fix the day, time, and place of its regular sessions. The
minimum number of regular sessions shall be once a week for the sangguniang
(2) The order and calendar of business for each session; panlalawigan, sangguniang panlungsod, and sangguniang bayan, and twice a month for
the sangguniang barangay.
(3) The legislative process;
(b) When public interest so demands, special sessions may be called by the local chief
(4) The parliamentary procedures which include the conduct of members executive or by a majority of the members of the sanggunian.
during sessions;
(c) All sanggunian sessions shall be open to the public unless a closed-door session is
(5) The discipline of members for disorderly behavior and absences without ordered by an affirmative vote of majority of the members present, there being a
justifiable cause for four (4) consecutive sessions, for which they may be quorum, in the public interest or for reasons of security, decency, or morality. No two (2)
censured, reprimanded, or excluded from the session, suspended for not more sessions, regular or special, may be held in a single day.
than sixty (60) days, or expelled: Provided, That the penalty of suspension or
expulsion shall require the concurrence of at least two-thirds (2/3) vote of all (d) In the case of special sessions of the sanggunian, a written notice to the members
the sanggunian members: Provided, further, That a member convicted by final shall be served personally at the member's usual place of residence at least twenty-four
judgment to imprisonment of at least one (1) year for any crime involving (24) hours before the special session is held.
moral turpitude shall be automatically expelled from the sanggunian; and Unless otherwise concurred in by two-thirds (2/3) vote of the sanggunian members
present, there being a quorum, no other matters may be considered at a special session
(6) Such other rules as the sanggunian may adopt. except those stated in the notice.

SECTION 51. Full Disclosure of Financial and Business Interests of Sanggunian (e) Each sanggunian shall keep a journal and record of its proceedings which may be
Members. — published upon resolution of the sanggunian concerned. cd
(a) Every sanggunian member shall, upon assumption to office, make a full disclosure of
his business and financial interests. He shall also disclose any business, financial, or
professional relationship or any relation by affinity or consanguinity within the fourth civil QUORUM
degree, which he may have with any person, firm, or entity affected by any ordinance or
resolution under consideration by the sanggunian of which he is a member, which SECTION 53. Quorum. —
relationship may result in conflict of interest. Such relationship shall include: (a) A majority of all the members of the sanggunian who have been elected and qualified
(1) Ownership of stock or capital, or investment, in the entity or firm to which shall constitute a quorum to transact official business. Should a question of quorum be
the ordinance or resolution may apply; and raised during a session, the presiding officer shall immediately proceed to call the roll of
the members and thereafter announce the results.
(2) Contracts or agreements with any person or entity which the ordinance or
resolution under consideration may affect.
By: RLB                    
 
(b) Where there is no quorum, the presiding officer may declare a recess until such time
as a quorum is constituted, or a majority of the members present may adjourn from day Answer A: The majority of all the members of the SP who have been elected and qualified.
to day and may compel the immediate attendance of any member absent without
justifiable cause by designating a member of the sanggunian, to be assisted by a *Is the vice mayor/vice governor a member of the sanggunian? YES. According to Justice
member or members of the police force assigned in the territorial jurisdiction of the local Brion in the La Carlota case, in order to determine quorum, you have to include the
government unit concerned, to arrest the absent member and present him at the presiding officer because under Section 457 the Vice Mayor as presiding officer is
session. considered a member of the Sanggunian for purposes of quorum determination only.

(c) If there is still no quorum despite the enforcement of the immediately preceding Answer B: Same answer in A. Because while in the national government, in order to have a
subsection, no business shall be transacted. The presiding officer, upon proper motion quorum in the Senate or House of Representative, what is required by the Constitution is majority
duly approved by the members present, shall then declare the session adjourned for lack of each house. But in the case of the members of the Sanggunian, what is required is majority of
of quorum. all the members who have been elected and qualified to constitute a quorum. Thus, even if
Councilor A is on leave or Councilor B is outside the country, to constitute a valid quorum, it should
→ Definition: Quorum refers to the required number of members who needs to be present so be the majority of all the members.
that the legislative assembly can validly or lawfully transact business.
→ In the Sanggunian, Answer C: Under the LGC, it is required that there should be a concurrence of at least 2/3 votes
- The quorum is the majority (50% plus 1) of all the members who have been elected of all the members. In determining the 2/3 votes, you do not include the presiding officer because
and qualified. normally the presiding officer does not vote unless there is a tie.
- Has the coercive power to compel the attendance of absent members through an arrest
order with the help of the PNP or other agencies concern. • La Carlota City vs Rojo
- Unlike the Senate and House of Representatives, the Sanggunian does not possess the - RA 7160 clearly states that the Sangguniang Panlungsod "shall be composed of the
power to issue subpoena or the power to cite a person in contempt in case of city vice-mayor as presiding officer, the regular sanggunian members, the president
disobedience. of the city chapter of the liga ng mga barangay, the president of the panlungsod na
pederasyon ng mga sangguniang kabataan, and the sectoral representatives, as
o Negros Oriental II Electric Cooperative, Inc. vs Sanggunian Panlungsod of members." Black's Law Dictionary defines "composed of" as "formed of" or "consisting
Dumaguete of." As the presiding officer, the vice-mayor can vote only to break a tie. In effect, the
- The contempt power and the subpoena power partake of a judicial nature. presiding officer votes when it matters the most, that is, to break a deadlock in the
They cannot be implied in the grant of legislative power. Neither can they exist votes. Clearly, the vice-mayor, as presiding officer, is a "member" of the Sangguniang
as mere incidents of the performance of legislative functions. To allow local Panlungsod considering that he is mandated under Section 49 of RA 7160 to vote to
legislative bodies or administrative agencies to exercise these powers without break a tie. To construe otherwise would create an anomalous and absurd situation
express statutory basis would run afoul of the doctrine of separation of where the presiding officer who votes to break a tie during a Sanggunian session is not
powers. considered a "member" of the Sanggunian.
- Therefore, the contempt power, as well as the subpoena power, cannot be - Therefore, under the Local Government Code of 1991, the vice-governor, the city vice-
deemed implied in the delegation of certain legislative functions to local mayor, and the municipal vice-mayor, as presiding officers of the Sangguniang
legislative bodies. These cannot be presumed to exist in favor of the latter Panlalawigan, Sangguniang Panlungsod, Sangguniang Bayan, respectively, are members
since the existence of the contempt power in conjunction with the subpoena of their respective sanggunian.
power in any government body inevitably poses a potential derogation of - Citing Zamora vs Gov. Caballero, the court held that:
individual rights, i.e. compulsion of testimony and punishment for refusal to "Quorum" is defined as that number of members of a body which, when legally
testify, the law cannot be liberally construed to have impliedly granted such assembled in their proper places, will enable the body to transact its proper
powers to local legislative bodies. It cannot be lightly presumed that the business or that number which makes a lawful body and gives it power to pass
sovereign people, the ultimate source of all government powers, have reposed upon a law or ordinance or do any valid act.
these powers in all government agencies. The intention of the sovereign
people, through their representatives in the legislature, to share these unique "Majority," when required to constitute a quorum, means the number greater
and awesome powers with the local legislative bodies must therefore clearly than half or more than half of any total.
appear in pertinent legislation.
- There being no provision in the Local Government Code explicitly granting local In fine, the entire membership must be taken into account in computing the
legislative bodies the power to issue compulsory process and the power to quorum of the sangguniang panlalawigan, for while the constitution merely
punish for contempt, the Sanggunian Panlungsod of Dumaguete is devoid of states that "majority of each House shall constitute a quorum," Section 53 of
power to punish the petitioners Torres and Umbac for contempt. the LGC is more exacting as it requires that the "majority of all members of the
sanggunian . . . elected and qualified" shall constitute a quorum.
Problem: The Sangguniang Panlungsod (SP) of Politika City is composed of X, the Vice
Mayor/Presiding Officer, 10 regular members (Councilor A-J), 2 ex officio members (Liga ng Mga Thus, the trial court should thus have based its determination of the existence
Barangay and SK Presidents). of a quorum on the total number of members of the Sanggunian without
A. What is the quorum of the SP of Politika City? regard to the filing of a leave of absence by Board Member Sotto. The fear that
B. If councilor A is on leave and Councilor B is outside the country, what is the quorum of the SP of a majority may, for reasons of political affiliation, file leaves of absence in
Politika City? order to cripple the functioning of the sanggunian is already addressed by the
C. How many votes are required in order to suspend Councilor C for disorderly behavior?
By: RLB                    
 
grant of coercive power to a mere majority of sanggunian members present (c) The local chief executive may veto an ordinance or resolution only once. The
when there is no quorum. sanggunian may override the veto of the local chief executive by two-thirds (2/3) vote of
all its members, thereby making the ordinance effective even without the approval of the
A sanggunian is a collegial body. Legislation, which is the principal function and local chief executive concerned.
duty of the sanggunian, requires the participation of all its members so that
they may not only represent the interests of their respective constituents but → Similar to your national law-making body, the LCE may veto or approve an ordinance. If he
also help in the making of decisions by voting upon every question put upon approves, the ordinance becomes a validly enforceable ordinance. If he vetoes the same,
the body. The acts of only a part of the Sanggunian done outside the there is also the remedy of over-riding the veto of the LCE by the Sanggunian through a 2/3
parameters of the legal provisions aforementioned are legally infirm, highly votes of its members. A veto can be exercised only once.
questionable and are, more importantly, null and void. And all such acts cannot
be given binding force and effect for they are considered unofficial acts done Note: the Punong Barangay does not have a veto power nor partial veto power. So once the
during an unauthorized session. Sanggunian barangay has approved an ordinance, it goes through the Punong Barangay, pirma
- Therefore, in stating that there were fourteen (14) members of the Sanggunian, the dayun si kapitan.
Court in Zamora clearly included the Vice-Governor, as presiding officer, as part of the
entire membership of the Sangguniang Panlalawigan which must be taken into account • Is partial veto allowed in the case of LGU or not?
in computing the quorum. - General Rule: if the LCE exercises veto power, he is either to veto the entire legislative
measure or approve it. Partial veto is not allowed.
NOTE: - Exception: a partial veto may be done in the case of item veto, like in a appropriation
• 2/3 votes of all the sanggunian members – presiding officer is NOT INCLUDED. ordinance.
• Majority of all the members – presiding officer is INCLUDED

REVIEW OF ORDINANCES
APPROVAL OF ORDINANCES and VETO POWER OF LCE
SECTION 56. Review of Component City and Municipal Ordinances or Resolutions by
SECTION 54. Approval of Ordinances. — the Sangguniang Panlalawigan. —
(a) Every ordinance enacted by the sangguniang panlalawigan, sangguniang panlungsod, (a) Within three (3) days after approval, the secretary to the sangguniang panlungsod or
or sangguniang bayan shall be presented to the provincial governor or city or municipal sangguniang bayan shall forward to the sangguniang panlalawigan for review, copies of
mayor, as the case may be. If the local chief executive concerned approves the same, he approved ordinances and the resolutions approving the local development plans and
shall affix his signature on each and every page thereof; otherwise, he shall veto it and public investment programs formulated by the local development councils. cdtai
return the same with his objections to the sanggunian, which may proceed to reconsider
the same. The sanggunian concerned may override the veto of the local chief executive (b) Within thirty (30) days after the receipt of copies of such ordinances and resolutions,
by two-thirds (2/3) vote of all its members, thereby making the ordinance or resolution the sangguniang panlalawigan shall examine the documents or transmit them to the
effective for all legal intents and purposes. provincial attorney, or if there be none, to the provincial prosecutor for prompt
examination. The provincial attorney or provincial prosecutor shall, within a period of ten
(b) The veto shall be communicated by the local chief executive concerned to the (10) days from receipt of the documents, inform the sangguniang panlalawigan in writing
sanggunian within fifteen (15) days in the case of a province, and ten (10) days in the of his comments or recommendations, which may be considered by the sangguniang
case of a city or a municipality; otherwise, the ordinance shall be deemed approved as if panlalawigan in making its decision.
he had signed it.
(c) If the sangguniang panlalawigan finds that such an ordinance or resolution is beyond
(c) Ordinances enacted by the sangguniang barangay shall, upon approval by the the power conferred upon the sangguniang panlungsod or sangguniang bayan
majority of all its members, be signed by the punong barangay. concerned, it shall declare such ordinance or resolution invalid in whole or in part. The
sangguniang panlalawigan shall enter its action in the minutes and shall advise the
SECTION 55. Veto Power of the Local Chief Executive. — corresponding city or municipal authorities of the action it has taken. aisa dc
(a) The local chief executive may veto any ordinance of the sangguniang panlalawigan,
sangguniang panlungsod, or sangguniang bayan on the ground that it is ultra vires or (d) If no action has been taken by the sangguniang panlalawigan within thirty (30) days
prejudicial to the public welfare, stating his reasons therefor in writing. after submission of such an ordinance or resolution, the same shall be presumed
consistent with law and therefore valid.
(b) The local chief executive, except the punong barangay, shall have the power to veto
any particular item or items of an appropriations ordinance, an ordinance or resolution SECTION 57. Review of Barangay Ordinances by the Sangguniang Panlungsod or
adopting a local development plan and public investment program, or an ordinance Sangguniang Bayan. —
directing the payment of money or creating liability. In such a case, the veto shall not (a) Within ten (10) days after its enactment, the sangguniang barangay shall furnish
affect the item or items which are not objected to. The vetoed item or items shall not copies of all barangay ordinances to the sangguniang panlungsod or sangguniang bayan
take effect unless the sanggunian overrides the veto in the manner herein provided; concerned for review as to whether the ordinance is consistent with law and city or
otherwise, the item or items in the appropriations ordinance of the previous year municipal ordinances.
corresponding to those vetoed, if any, shall be deemed reenacted. cd

By: RLB                    
 
(b) If the sangguniang panlungsod or sangguniang bayan, as the case may be, fails to That in the absence thereof the ordinance or resolution shall be published in any
take action on barangay ordinances within thirty (30) days from receipt thereof, the newspaper of general circulation.
same shall be deemed approved. casia
Articles 113 – 114 of IRR of LGC
(c) If the sangguniang panlungsod or sangguniang bayan, as the case may be, finds the ARTICLE 113. Effectivity of Ordinances and Resolutions. — Unless otherwise stated in the
barangay ordinances inconsistent with law or city or municipal ordinances, the ordinance or resolution approving the local development plan and public investment program, the
sanggunian concerned shall, within thirty (30) days from receipt thereof, return the same same shall take effect after ten (10) days from the date a copy thereof is posted in a bulletin board
with its comments and recommendations to the sangguniang barangay concerned for at the entrance of the provincial capitol or city, municipal, or barangay hall, as the case may be,
adjustment, amendment, or modification; in which case, the effectivity of the barangay and in at least two (2) other conspicuous places in the LGU concerned.
ordinance is suspended until such time as the revision called for is effected.
ARTICLE 114. Posting and Publication of Ordinance with Penal Sanctions. —
SECTION 58. Enforcement of Disapproved Ordinances or Resolutions. — Any attempt to (a) Ordinances with penal sanctions shall be posted at conspicuous places in the
enforce any ordinance or any resolution approving the local development plan and public provincial capitol, or city, municipal or barangay hall, as the case may be, for a minimum
investment program, after the disapproval thereof, shall be sufficient ground for the suspension or period of three (3) consecutive weeks. Such ordinances shall also be published in a
dismissal of the official or employee concerned. newspaper of general circulation, where available, within the territorial jurisdiction of the
LGU concerned, except in the case of barangay ordinances. Unless otherwise provided
→ The reviewing sanggunian is given 30 days within which to review an ordinance. Let’s say, a therein, said ordinances shall take effect on the day following its publication, or at the
barangay ordinance is submitted to the sanggunian panlungsod for review, and the said end of the period of posting, whichever occurs later.
sanggunian is given 30 days to review the same. And if there is inaction on the part of the
sanggunian, the ordinance is deemed approved. (b) Any public officer or employee who violates an ordinance may be meted
→ The law says if it is not acted upon. The problem here will arise when for example Barangay administrative disciplinary action, without prejudice to the filing of the appropriate civil or
Kasambagan has enacted an ordinance ipadala didto sa sanggunian panlungsod, Cebu City. criminal action.
1st, i-enter siya sa calendar and then i-refer pa man ug committee nya didto mana magdugay
kay dili usahay ma-calendar para second reading or ang committee wala pa kahimu ug report (c) The secretary to the sanggunian concerned shall transmit official copies of such
and etc. so mulapas jud na ug 30 days. So daghan mu reklamu. But if you analyze it, when it ordinances to the chief executive officer of the Official Gazette within seven (7) days
was already entered in the calendar and referred to the committee, it is already acted upon. following the approval of said ordinance for publication. The Official Gazette may publish
Action naman na, wala pa lang result. ordinances with penal sanctions for archival and reference purposes.

→ There are ordinances that will only take effect upon compliance of certain publication
EFFECTIVITY OF ORDINANCES AND RESOLUTIONS requirements. And under the LGC, if the ordinance has a penal provision, it must be
published. But please read Article 113 and 114 of the IRR where it mandates that there must
SECTION 59. Effectivity of Ordinances or Resolutions. — be posting. Awa na ninyo ha. Awa na ninyo. (basin mugawas siguro ni sa MCQ.)
(a) Unless otherwise stated in the ordinance or the resolution approving the local
development plan and public investment program, the same shall take effect after ten
(10) days from the date a copy thereof is posted in a bulletin board at the entrance of
the provincial capitol or city, municipal, or barangay hall, as the case may be, and in at
least two (2) other conspicuous places in the local government unit concerned. cd

(b) The secretary to the sanggunian concerned shall cause the posting of an ordinance or
resolution in the bulletin board at the entrance of the provincial capitol and the city,
municipal, or barangay hall in at least two (2) conspicuous places in the local
government unit concerned not later than five (5) days after approval thereof.
The text of the ordinance or resolution shall be disseminated and posted in Filipino or
English and in the language or dialect understood by the majority of the people in the
local government unit concerned, and the secretary to the sanggunian shall record such
fact in a book kept for the purpose, stating the dates of approval and posting.

(c) The gist of all ordinances with penal sanctions shall be published in a newspaper of
general circulation within the province where the local legislative body concerned
belongs. In the absence of any newspaper of general circulation within the province,
posting of such ordinances shall be made in all municipalities and cities of the province
where the sanggunian of origin is situated. cda

(d) In the case of highly urbanized and independent component cities, the main features
of the ordinance or resolution duly enacted or adopted shall, in addition to being posted,
be published once in a local newspaper of general circulation within the city: Provided,

By: RLB