CHAPTER 16 Dual citizenship
Elective Officials of LGUs
Sec. 39, LGC – qualification of LGU officials
- citizenship requirement is for “public officials”, not
“candidates”, hence it must be complied with at least on the
day of the proclamation when the law mandates his term to
begin
- argument: but another req is to be a voter and one
cannot be a valid voter if not a citizen – RULING: if citizenship
is required in the same manner as being a voter is, the law
would not have made it a SEPARATE req; law abhors
redundancy
Sec. 235, Omnibus Election Code – COMELEC only takes
cognizance of issue of ineligibility after 10 days following
proclamation – proof that ineligibility may be assailed only
after proclamation
Sec. 40, LGC – Disqualifications maod fri
1. Those sentenced by final judgment for an offense
involving Moral turpitude or an offense punishable
by at least 1-year imprisonment, within 2 years after
serving sentence
“moral turpitude” – everything contrary to justice and
modesty
- needs to wait for 2 years AFTER service of sentence
to qualify again
- Anti-Fencing law constitutes a crime of moral
turpitude – case ?
- if under probation or rehab, all political and civil
rights are restored hence may still run
2. Removed from office due to an Admin case – strips
right to hold elective or appointive pub office
(absolute perpetual disqualification)
3. Convicted by final judgment for violating the Oath of
allegiance to the Republic – dual allegiance is
inimical but not dual citizenship
CASE: Edu Manzano as Makati V-Mayor, renounced
US citizenship upon filing of COC
4. Dual citizenship  interpreted by SC as dual
allegiance; mere dual citizenship is not inimical
5. Fugitive from justice in criminal or non-political cases
here or abroad – evades prosecution – includes PI
stage –
CASE: Marquez v COMELEC – rule also applies to
fugitive abroad but Marquez not fugitive since case
there was filed after he departed
6. Permanent Resident of a foreign country
7. Feeble-minded or insane
+ Those who accepted an appointive office
++ If he has served more than 3 consecutive terms
3-term limit rule
Art. X, Sec. 8, Constitution
 The term of office of local executive officials, except
barangay captain, which shall be determined by law, shall
be 3 years and no official shall serve more than 3
consecutive terms – must have fully served each
consecutive term
 Voluntary renunciation of office is not an interruption in
the continuity of service
1
Dual allegiance
a result of concurrent A result of an
application of different individual’s volition
laws
Not inimical Inimical
 Domicile – place where one intends to stay (animus
manendi) and to return (animus revertendi)
 Residence – physical location; one may have multiple
residences but one may only have one domicile
In election process, domicile = residence
Latasa v COMELEC, GR 154829, Dec 10, 2003
- the fact that Digos acquired a new corporate existence from
a municipality to a component city does not mean that, for
the purpose of applying the three-term limit in Art. X, Sec. 8
of the Constitution, the mayoralty post may now be
construed differently
Jurisprudence on interruption of 3-term limit 
RULE OF THUMB – if interruption is involuntary, such term is
exempt from the 3-term limit (e.g. Mayor X only won after an
election protest, he was preventively suspended, while
voluntary renunciation does not interrupt)
HOLD-OVER PRINCIPLE – all incumbent barangay officials
shall remain in office until their successors shall have been
elected and qualified
VACANCIES
 In Mayor, Gov, and Brgy. Capt.
- automatic succession of their Vice and for Capt., the highest
ranking Sanggunian member or the next
– tie will be resolved by drawing lots
 In the Sanggunian
1. Panlalawigan and Sangguniang Panlungsod of HUCs –
appointment by President through Exec Sec
2. Panlungsod – appointment by Gov
3. Barangay – appointment by Mayor
APPOINTEE must be from the same political party as the
official who caused the vacancy
- if without a party, he must be recommended by the
Sanggunian concerned
CHAPTER 17
DISCIPLINARY ACTIONS
Either by:
 Ombudsman through Anti-Graft and Corrupt
Practices Act and related laws
 Concerned office through the LGC
 Court of law with exclusive jurisdiction over removal
from service of an elective official – Sec. 60, LGC
RATIO: Insulates the removal process from
partisanship
Preventive suspension by:
 President for provincial officials
 Gov for city officials
 Mayor for barangay officials
  Ombudsman who may impose suspension longer Local Legislations
than the officials above due to lack of potential for
partisanship Ordinance Resolution
Permanent rule of A special and
Preventive suspension – prevent accused from hampering conduct temporary order
normal course of investigation with his influence and Has the force and Mere expression of the
authority effect of a law sentiment of the local
legislative body
Final and executory – decisions are immediately executory Takes effect after 3 May take effect after 2
despite pendency of an appeal readings readings

Exoneration or reinstatement – official will be paid full salary REQS of a valid ordinance: x coppu g
and emoluments which accrued during suspension 1) Must not contravene the Constitution
2) Must be fair, not oppressive
Aguinaldo Doctrine – applies the principle of condonation 3) Must not be partial or discriminatory
stating that a public official cannot be removed from office
4) Must not prohibit but may regulate trade
for an admin misconduct committed during a prior term,
5) Must not be unreasonable
since his reelection operates as the condonation of the
electorate 6) Must be general, consistent with pub policy
Aguinaldo v Santos, GR 94115, August 21, 1992 White Light Corp v City of Manila, GR 122846, January 20,
ABANDONED: Carpio-Morales v Binay, GR 217125, Nov 10, 2009
2015
Sec. 335, LGC – no public money shall be appropriated for
CHAPTER 18 private purposes
RECALL
Art. VI, Sec. 29, 1987 Constitution – no money shall be paid
Recall – or “amotion” is a mode of removal of a pub officer by out of the Treasury except in pursuance of an appropriation
the people before the end of his term of office by reason of made by law
loss of confidence
Sanggunian Presiding Officers
Loss of confidence – formal withdrawal by an electorate of  Vice Gov for Sangguniang Panlalawigan and Vice
their trust in the person’s ability to discharge his office Mayor for Sangguniang Panlungsod or Bayan; Capt.
bestowed on him by the same electorate In Sangguniang Barangay
 Vices serve as heads of local legislative to balance
Process: power with executive, the Gov and Mayor
1. Petition by at least 25% of the registered voters –  hence, a Vice Gov acting as Gov cannot remain as
Sec. 70, LGC presiding officer of Prov Council
2. If petition is sufficient in form, COMELEC will inform
official and publish the petition in a newspaper of Congress Sanggunian
general circulation, once a week for three
Exercises contempt Cannot issue subpoena
consecutive weeks
power as a matter of nor punish non-
3. COMELEC will then set the schedule for recall
self-preservation members for contempt
election. Recalled official will be part of the roster.
Created by the Created by statute
4. Recall is effective upon the election of the successor,
constitution
the candidate receiving the highest vote during the
Contempt power is sui Sanggunian cannot
recall election
generis and is attached correctly claim to
not for legislative possess contempt
LIMITS of RECALL: Sec. 74, LGC
function per se but power for the same
 May only be done once during an official’s term
because national reason that the
 May not be recalled within a year after assumption
legislature is one the 3 national legislature
of office or a year immediately preceding a regular
main branches of govt does
local election

Conflict of interest – a state when it can be reasonable

CHAPTER 19
Human Resources and Development
 Appointed public officials and employees are
governed by the Civil Service Law
 Except for losing candidates in the Barangay
elections, no candidate who lost any election may be
appointed in public office within 1 year after such
election – Sec 94, LGC
 Midnight appointments under Art. VII, Sec. 15 only
applies to Presidential appointments
deduced that a member of the Sanggunian may not act in the
public interest due to some private, pecuniary, and other
personal considerations
Quorum of the body – a number of the members which,
when assembled in the proper venue, will enable them to
transact their business;
 “presence of the majority of the members of the
Sanggunian in order to officially transact business” –
Sec. 53, LGC
Majority – 50% + 1 of the entire membership

CHAPTER 20 Ways to approve an ordinance:

2
 1. Approved by the local chief executive
2. Vetoed by the local chief executive, which the Kinds of INITIATIVE
Sanggunian override by at least 2/3 votes of all the 1. initiative on the constitution – petition proposing to
members amend the constitution
3. Local chief exec neither assents nor dissents within 2. initiative on statutes – proposal to enact a national
15 days (for province) or 10 days (for city), the legislation
ordinance is deemed approved 3. initiative on local legislation – petition to enact
regional, provincial, city, municipal, or barangay law,
Effectivity of ordinance: Sec. 59, LGC resolution, or ordinance
 10 days after its copy is posted
1. in a bulletin board at the entrance of the Limits on local initiative:
provincial, city, or municipal, or barangay  shall not be exercised more than once/ year
hall  must extend only to matters within the powers of
2. and in at least 2 other conspicuous places in the Sanggunian to enact
the concerned area
for ordinances with penal sanctions: Limits on the Sanggunian re initiative:
1. gist must be published in a newspaper of  must not repeal, modify, or amend the result of
general circulation within the concerned initiative in 6 months after approval
province or HUC, and  within 18 months for barangay ordinance
2. entire copy must be posted in at least 2 Kinds of REFERENDUM
conspicuous places for at least 3 1. referendum on statutes – petition to approve or
consecutive weeks reject an act or law passed by Congress
2. referendum on local law – petition to approve or
Enforcement of ordinance by local chief exec is compellable reject a law, resolution, or ordinance enacted by
by mandamus as it is a ministerial duty. regional assemblies or local legislative bodies
Review of ordinances
City or Municipality Barangay CHAPTER 22
- reviewed by - reviewed by the Katarungang Pambarangay
Sangguniang Sangguniang
Panlalawigan Panlungsod or Bayan LUPON or LUPONG TAGAPAMAYAPA has jurisdiction over,
- must forward copy for - must forward copy inter alia:
review in 3 days after for review in 10 days  offenses punishable by imprisonment not exceeding
approval after enactment 1 year or a fine not exceeding P5,000
- examined by provincial - examined in 10  civil and criminal cases arising from incidents in
atty or prov prosecutor days workplaces or institutions of learning within its
who must submit territory
comments in 10 days PANGKAT NG TAGAPAGSUNDO – a 3-member unit within the
after receipt Lupon which may handle a case
Deemed approved if no Same
action is taken in 30 days Role of Lupon is to settle amicably issues, provide convenient
Grounds for defect: Grounds for defect: venue, and prevent costly trials. In all Lupon or Pangkat
Ultra vires If inconsistent with proceedings, the parties must not be assisted by a counsel.
law or other
ordinance Form of amicable settlement:
1. in writing
CHAPTER 21 2. in a language or dialect known to both parties
Local Initiative and Referendum 3. signed by both parties
Art. VI, Sec. 1, 1987 Constitution: 4. attested to by the Lupon or Pangkat chairman
Legislative power shall be vested in the
Congress… except to the extent reserved to the CONCILIATION– Sec. 412, LGC
people by the provision on initiative and GEN RULE: conciliation process at the Barangay level is a
referendum. condition precedent for filing of a complaint in court
EXCEPT: in cases where accused is detained, cases involving
Local initiative Local referendum writs, etc.  Disputes in ICCs will be governed by
their customs and traditions
legal process legal process whereby  Amicable settlement and arbitration award become
whereby the the registered voters of final if not repudiated within 10 days from issuance
registered voters of the LGU may approve, Art. 2035, Civil Code:
an LGU may directly reject, or amend ARA any No compromise upon the following questions shall be
propose, enact, or ordinance enacted by the valid: CVL FJF + CL
amend PEA any Sanggunian - Sec. 126, 1. civil status of persons
ordinance Sec. 120, LGC 2. validity of marriage or a legal separation
LGC 3. any ground for legal separation
Initiated by the Initiated and consented 4. future support
electorate to by the law-making 5. jurisdiction of courts
body – electorate merely 6. future legitime
approves or rejects what + civil liability arising from an offense (Art. 2034)
has been drawn up