Local Legislation Onwards

8/3/2019 Local Legislation Onwards

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Chapter 3 Local LegislationSections 48 59

Section 48 Local Legislative PowerSECTION 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; andthe Sangguniang Barangay for the Barangay.

SECTION 49. Presiding Officer. - (a)The vice-governor shall be the presiding officer of the Sangguniang Panlalawigan;

the city vice-mayor, of the Sangguniang Panlungsod;the municipal vice-mayor, of the Sangguniang bayan;and the Punong Barangay, of the Sangguniang Barangay.The presiding officer shall vote only to break a tie.

(b) In the event of the inability of the regular Presiding officer to preside at a Sanggunian session, the members present andconstituting a quorum shall elect from among themselves a temporary presiding officer. He shall certify within ten(10) days from the passage of ordinances enacted and resolutions adopted by the Sanggunian in the session overwhich he temporarily presided.

SECTION 50. Internal Rules of Procedure. - (a) On the first regular session following the election of its members andwithin ninety (90) days thereafter, the Sanggunian concerned shall adopt or update its existing rules of procedure.(b) The rules of procedure shall provide for the following:

(1) The organization of the Sanggunian and the election of its officers as well as the creation of standingcommittees which shall include, but shall not be limited to, the committees on appropriations, womenand family, human rights, youth and sports development, environmental protection, and cooperatives; thegeneral jurisdiction of each committee; and the election of the chairman and members of eachcommittee;

(2) The order and calendar of business for each session;(3) The legislative process;(4) The parliamentary procedures which include the conduct of members during sessions;(5) The discipline of members for disorderly behavior and absences without justifiable cause for four (4

consecutive sessions, for which they may be censured, reprimanded, or excluded from the sessionsuspended for not more than sixty (60) days, or expelled: Provided, That the penalty of suspension orexpulsion shall require the concurrence of at least two-thirds (2/3) vote of all the Sanggunian membersProvided, further, That a member convicted by final judgment to imprisonment of at least one (1) year foany crime involving moral turpitude shall be automatically expelled from the Sanggunian; and

(6) Such other rules as the Sanggunian may adopt.* why exercise similar powers of congress but dont have contempt powers: NORECO case. Legislatures power is inherent to themvs. local legislative bodies its delegated!But isnt there separation of powers in the local levels as well? Contempt powers inherent in the Judiciary. + powers of localgovernments should be explicitly provided for.

SECTION 51. Full Disclosure of Financial and Business Interests of Sanggunian Members. - (a) Every Sanggunian membeshall, 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 degree,which he may have with any person, firm, or entity affected by any ordinance or resolution under consideration by theSanggunian of which he is a member, which relationship may result in conflict of interest. Such relationship shall include:

(1) Ownership of stock or capital, or investment, in the entity or firm to which the ordinance or resolution mayapply; and

(2) Contracts or agreements with any person or entity which the ordinance or resolution under consideration mayaffect. In the absence of a specific constitutional or statutory provision applicable to this situation, "conflicof interest" refers in general to one where it may be reasonably deduced that a member of a Sanggunianmay not act in the public interest due to some private, pecuniary, or other personal considerations thatmay tend to affect his judgment to the prejudice of the service or the public.

(b) The disclosure required under this Act shall be made in writing and submitted to the secretary of the Sanggunian or thesecretary of the committee of which he is a member. The disclosure shall, in all cases, form part of the record of theproceedings and shall be made in the following manner:(1) Disclosure shall be made before the member participates in the deliberations on the ordinance or resolution

under consideration: Provided, That, if the member did not participate during the deliberations, thedisclosure shall be made before voting on the ordinance or resolution on second and third readings; and

(2) Disclosure shall be made when a member takes a position or makes a privilege speech on a matter that mayaffect the business interest, financial connection, or professional relationship described herein.SECTION 52. Sessions. - (a) On the first day of the session immediately following the election of its members, the Sanggunian shall

by resolution, fix the day, time, and place of its regular sessions.The minimum number of regular sessions shall beonce a weekfor the Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang bayan, and twice a month for the

Sangguniang Barangay.(b) When public interest so demands, special sessions may be called by the local chief executive or by a majority of the

members of the Sanggunian.(c) All Sanggunian sessions shall be open to the public unless a closed-door session is orderedby an affirmative vote

of a majority of the members present, there being a quorum, in the public interest or for reasons of security,decency, or morality. No two (2) sessions, regular or special, may be held in a single day.

(d) In the case of special sessions of the Sanggunian, a written notice to the members shall be served personally atthe member's usual place of residence at least twenty- four (24) hours before the special session is

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held. Unless otherwise concurred in by two-thirds (2/3) vote of the Sanggunian members present, there being aquorum, no other matters may be considered at a special session except those stated in the notice.

(e) Each Sanggunian shall keep a journal and record of its proceedings which may be published upon resolution of theSanggunian concerned.

SECTION 53. Quorum. - (a) A majority of all the members of the Sanggunian who have been elected and qualified shalconstitute a quorum to transact official business. Should a question of quorum be raised during a session, the presidingofficer shall immediately proceed to call the roll of the members and thereafter announce the results.(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 to day and may compel the immediateattendance of any member absentwithout justifiable cause by designating a member of the Sanggunian, tobe assisted by a member or members of the police force assigned in the territorial jurisdiction of the locagovernment unit concerned, to arrest the absent member and present him at the session.

(c) If there is still no quorum despite the enforcement of the immediately preceding subsection, no business shall betransacted. The presiding officer, upon proper motion duly approved by the members present, shall then declarethe session adjourned for lack of quorum.

SECTION 54. Approval of Ordinances. - (a) Every ordinance enacted by the Sangguniang Panlalawigan, Sangguniang Panlungsodor Sangguniang bayan shall bepresented to the provincial governor or city or municipal mayor, as the case may beIf the local chief executive concerned approves the same, he shall affix his signature on each and every page thereofotherwise, he shall veto it and return the same with his objections to the Sanggunian, which may proceed to reconsiderthe same. The Sanggunian concerned may override the veto of the local chief executive by two-thirds (2/3) vote of allits members, thereby making the ordinance or resolution effective for all legal intents and purposes.(b) The veto shall be communicated by the local chief executive concerned to the Sanggunian within fifteen (15) days in the

case of a province, andten (10) days in the case of a city or a municipality;otherwise, the ordinance shall be deemed approved as if he had signed it.

(c) ordinances enacted by the Sangguniang Barangay shall, upon approval by the majority of all its members, be signed bythe Punong Barangay.

SECTION 55. Veto Power of the Local Chief Executive. - (a) The local chief executive may veto any ordinance of theSangguniang Panlalawigan, Sangguniang Panlungsod, or Sangguniang bayan on he ground that it is ultravires or prejudicial to the public welfare, stating his reasons therefor in writing.

(b) The local chief executive, except the Punong Barangay, shall have the power to veto any particular item or items of anappropriations ordinance, an ordinance or resolution adopting a local development plan and public investment program, oan ordinance directing the payment of money or creating liability. In such a case, the veto shall not affect the item or itemswhich are not objected to. The vetoed item or items shall not take effect unless the Sanggunian overrides the veto inthe manner herein provided; otherwise, the item or items in the appropriations ordinance of the previous year correspondingto those vetoed, if any, shall be deemed reenacted.(c) The local chief executive may veto an ordinance or resolution only once. The Sanggunian may override the veto of the

local chief executive concerned by two-thirds (2/3) vote of all its members, thereby making the ordinance effectiveeven without the approval of the local chief executive concerned.

* Veto powers different from that of President in terms of days

Contempt Powers*contempt power not inherent on these bodies. For them to have these powers, it must be explicitly begiven to them.Negros Oriental II Electric Cooperative, Inc. Sangguniang Panlungsod of Dumaguete, 155 SCRA421 (1987)F: Sangguniang Panlungsod of Dumaguete issued a subpoena requiring the attendance and testimony ofthe petitioners at an investigation connected with pending legislation related to the operations of publicutilities in the City of Dumaguete where NORECO II, an electric cooperative, had its principal place ofbusiness. Principally, the inquiry was to focus on the alleged installation and use by NORECO II ofinefficient power lines in the city. Petitioners did not attend investigation. Sanggunian issued orderdirecting the petitioners to show cause for disobedience to said subpoena.H: subpoena and other orders null and void for being ultra vires. There being no provision in the LGCexplicitly granting local legislative bodies, the power to issue compulsory process and the power to punishfor contempt, the Sangguinang Panlungsod of Dumaguete is devoid of power to punish petitioners forcontempt!

Validity of an Ordinance*Presumption of validity also applicable to ordinances. Police power also delegated to LGUs. Should showclear violation of Consti or law. This is not delegated, it is constitutionally recognized.*Proof required to contest the constitutionality of ordinance: substantive evidence only, not proof beyondreasonable doubt. Lowest quantum of evidence required.Lagcao v. Labra, supra.F: eminent domain. Lot bought by Lagcao, claimed by Cebu. Lagcao was awarded with the lot but beforehe could take possession of the lot, he found that it ws occupied by squatters so he instituted ejectmentproceedings for it. Pending ejectment, City passed Ordinance making said lot a socialized housing sitepursuant to RA 7279. City didnt show that it has complied with the requisites under RA 7279 before

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making the site as a site for socialized housing (did not resort to other means, other properties to be madeas site)H: Ordinance void for violation of due process rights of Lagcao. For an Ordinance to be valid, itmust not only be within the corporate powers of the city or municipality to enact (not ultra vires,illegal, not within their powers) but must also be passed according to the procedure prescribed by law. Itmust be in accordance with certain well-established basic principles of substantive nature. These principlesrequire that an ordinance

(1) must not contravene the Constitution or any statute(2) must not be unfair or oppressive

(3) must not be partial or discriminatory(4) must not prohibit but may regulate trade

(5) must be general and consistent with public policy(6) must not be unreasonable

* conditions 1-6 are generally applicable to all laws. The requirement that it is within the corporate powersof the LGU is the special condition for LGUs.

Tano v. Socrates, 278 SCRA154 (1997)F: Ordinance banned shipment of all live fish (except catfish, sea bass, mudfish and milkfish fries) andlobster outside Puerto Princesa. Resolution ordered inspection of stuff before leaving the city.Constitutionality assailed.H: Ordinances enacted in the exercise of the powers under the Code (Gen Welfare Clause) enjoy thepresumption of constitutionality. In the light of the principles of decentralization and devolution enshrined

in the Code and of the powers granted therein to local government units which unquestionably involve theexercise of police power, the validity of ordinances relative to the protection and preservation of theenvironment, cannot be doubted. To overthrow this presumption, there must be a clear and unequivocalbreach of the Constitution, not merely a doubtful or argumentative contradiction.*par 2, Sec 5, par8: enumerations presumed to be constitutionally valid, thats why SC has the power toreview those enumerated.

Approval by Mayor Not a Ministerial ActDe los Reyes v. Sandiganbayan, 281 SCRA 631 (1997)F: Mayor charged with falsification for allegedly preparing a Resolution appropriating P8500 for terminalleave of 2 municipal employees. Complainants allege that the final step in the approval of an ordinance orresolution, where the local chief executive affixes his signature, is purely a ministerial act.H:The grand to veto power confers authority beyond the simple mechanical act of signing an ordinance or

resolution, as a requisite to its enforceability. Such power accords the local chief executive the discretionto sustain a resolution or ordinance in the first instance or to veto it and return it with his objections to thesanggunian, which may override the veto by 2/3 vote of all its members thereby making the ordinance orresolution effective for all legal intents and purposes. The concurrence of a local chief executive in theenactment of an ordinance or resolution requires, not only a flourish of the pen, but the application of

judgment after meticulous analysis and intelligence as well.

Section 56 Review of Component City and Municipality Ordinance SECTION 56. Review of Component City and Municipal Ordinances or Resolutions by the Sangguniang Panlalawigan.

(a) Within three (3) days after approval, the secretary to the Sanggunian Panlungsod or Sangguniang bayan shalforward to the Sangguniang Panlalawigan for review, copies of *approved ordinances and the *resolutions approvingthe local development plans and public investment programs formulated by the local development councils.(b) Within thirty (30) days after receipt of copies of such ordinances and resolutions, the Sangguniang Panlalawigan shal

examine the documents or transmit them to the provincial attorney, or if there be none, to the provinciaprosecutor for prompt examination. The provincial attorney or provincial prosecutor shall, within a period of ten

(10) days from receipt of the documents, inform the Sangguniang Panlalawigan in writing of his comments orecommendations, which may be considered by the Sangguniang Panlalawigan in making its decision.

(c) If the Sangguniang Panlalawigan finds that such an ordinance or resolution is beyond the power conferred upon theSangguniang Panlungsod or Sangguniang bayan concerned, it shall declare such ordinance oresolution invalid in whole or in part. The Sangguniang Panlalawigan shall enter its action in the minutes andshall advise the corresponding city or municipal authorities of the action it has taken.

(d) If no action has been taken by the Sangguniang Panlalawigan within thirty (30) days after submission of such anordinance or resolution, the same shall bepresumed consistent with law and therefore valid.

SECTION 57. Review of Barangay Ordinances by the Sangguniang Panlungsod or Sangguniang Bayan. - (a) Within ten(10) days after its enactment, the Sangguniang Barangay shall furnish copies of all Barangay ordinances to the SangguniangPanlungsod or Sangguniang bayan concerned for review as to whether the ordinance is consistent with law and city omunicipal ordinances.(b) If the Sangguniang Panlungsod or Sangguniang bayan, as the case may be, fails to take action on Barangay ordinances

within thirty (30) days from receipt thereof, the same shall be deemed approved.

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(c) If the Sangguniang Panlungsod or Sangguniang bayan, as the case may be, finds the Barangay ordinances inconsistenwith law or city or municipal ordinances, the Sanggunian concerned shall, within thirty (30) days from receiptthereof, return the same with its comments and recommendations to the Sangguniang Barangay concerned foradjustment, amendment, or modification; in which case, the effectivity of the Barangay ordinance is suspendeduntil such time as the revision called for is effected.

SECTION 58. Enforcement of Disapproved ordinances or Resolutions. - Any attempt to enforce any ordinance or anyresolution approving the local development plan and public investment program, after the disapproval thereof, shall besufficient ground for the suspension or dismissal of the official or employee concerned.

SECTION 59. Effectivity of Ordinances or Resolutions. (a) Unless otherwise stated in the ordinance or the resolution approvingthe local development plan and public investment program, the same shall take effect after ten (10) days from the date acopy thereof is posted in a bulletin board at the entrance of the provincial capitol or city, municipal, or Barangay hall, as thecase may be, and in at least two (2) other conspicuous places in the local government unit concerned.

(b) The secretary to the Sanggunian concerned shall cause the posting of an ordinance or resolution in the bulletin board athe entrance of the provincial capitol and the city, municipal, or Barangay hall in at least two (2) conspicuous placesin 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 dialectunderstood by the majority of the people in the local government unit concerned, and the secretary to theSanggunian 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 theprovince where the local legislative body concerned belongs. In the absence of any newspaper of generacirculation within the province, posting of such ordinances shall be made in all municipalities and cities of theprovince where the Sanggunian of origin is situated.

(d) In the case of highly urbanized cities, the main features of the ordinance or resolution duly enacted or adopted shall, inaddition to being posted, be published once in a local newspaper of general circulation within the city: Provided,That in the absence thereof the ordinance or resolution shall be published in any newspaper of general circulation.

*for independent component cities, sangguniang panlalawigan (province): Court reviews their ordinances. Actually, all the ordinancesmade by sangguniang barangay and panglungsod and bayan, you could also appeal to the Court directly not a condition precedent

Its merely a review, not consider validity or constitutionality. Plus, review if it s ultra vires is automatic. You should wait for thereview if youre going to assail the ordinance for being ultra vires (sabi ni Sir Lavs)

Moday v. CA, 268 SCRA 586 (1997)H:TheSangguniang Panlalawigan is without authority to disapprove the municipal resolution authorizingthe mayor to initiate expropriation proceedings for the municipality which clearly has the power toexercise the right of eminent domain and its Sangguuniang Bayan has the capacity to promulgate saidresolution, pursuant to the Code. It follows that the said resolution is valid and binding and could be usedas lawful authority to petition for the condemnation of private property. The Sangguniang Panlalawigansdisapproval of the said resolution is an infirm action which does not render the said resolution null andvoid. The law grants the Sangguniang Panlalawigan the power to declare a municipal resolution invalid onthe sole ground that it is beyond the power of the Sangguniang Bayan or the mayor to issue.

Municipality of Paraaque v. V.M. Realty Corp. supra

F: Municipality of Paranaque filed a complaint for expropriation against V.M. Realty Corporation over twoparcels of land located in Eakas, San Dionisio Paranaque. Allegedly, it was for the purpose of alleviatingthe living conditions of the underprivileged by providing homes for the homeless through a socializedhousing project. RTC authorized the petitioner to take possession of the subject property. V.M. Realtyfiled an aswer containing an affirmative defense and counterclaim alleging that the main complaintfailed to state a cause of action because it was filed pursuant to a resolution and not to anordinance as required by the Local Government Code and the cause of action, if any, was barred bya prior judgment or res judicata. Thus, the trial court issued a resolution nullifying its first order anddismissed the case.

H:A resolution is different from an ordinance.Ratio The right of the municipality of Paranaque to exercise the power of eminent domain is not disputedHowever, such right may be exercised only pursuant to an Ordinance (Sec. 19, R.A. No. 7160). In the

instant case, there is no such ordinance passed by the Municipal Council of Paraaque enabling theMunicipality, thru its Chief Executive, to exercise the power of eminent domain. The complaint, thereforestates no cause of action.- A local government unit (LGU), like the Municipality of Paraaque, cannot authorize an expropriation ofprivate property through a mere resolution of its lawmaking body. The Local Government Code expresslyand clearly requires an ordinance or a local law for the purpose. A resolution that merely expresses thesentiment or opinion of the Municipal Council will not suffice. On the other hand, the principle of res

judicata does not bar subsequent proceedings for the expropriation of the same property when all thelegal requirements for its valid exercise are complied with.Reasoning Sec. 19 of the LGC provides that, Eminent Domain. A local government unit may, through itschief executive and acting pursuant to an ordinance, exercise the power of eminent domain for public

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use, or purpose, or welfare for the benefit of the poor and the landless, upon payment of justcompensation, pursuant to the provisions of the Constitution and pertinent laws Municipality oParanaque contends that a resolution approved by the municipal council for the purpose of initiating anexpropriation case substantially complies with the requirements of the law because the termsordinance and resolution are synonymous for the purpose of bestowing authority on the locagovernment unit through its chief executive to initiate the expropriation proceedings in court in theexercise of the power of eminent domain. It seeks to bolster this contention by citing Article 36, Rule VI ofthe Rules and Regulations Implementing the Local Government Code, which provides: If the LGU fails toacquire a private property for public use, purpose, or welfare through purchase, the LGU may expropriatesaid property through a resolution of the Sanggunian authorizing its chief executive to initiateexpropriation proceedings. But the court disagrees.- The following essential requisites must concur before an LGU can exercise the power of eminent domain:1. An ordinance is enacted by the local legislative council authorizing the local chief executive, inbehalf of the LGU, to exercise the power of eminent domain or pursue expropriation proceedings over aparticular private property.2. The power of eminent domain is exercised for public use, purpose or welfare, or for the benefit ofthe poor and the landless.3. There is payment of just compensation, as required under Section 9, Article III of the Constitutionand other pertinent laws.4. A valid and definite offer has been previously made to the owner of the property sought to beexpropriated, but said offer was not accepted.- In the case at bar, the local chief executive sought to exercise the power of eminent domain pursuant toa resolution of the municipal council. Thus, there was no compliance with the first requisite that the mayorbe authorized through an ordinance.

Chapter 4 Disciplinary Actions* Maraming Bar Exam Questions dito! Also in PubOff so the grounds will not be discussedreally* What applies to appointive local officials? Civil Service Law, Code of Anti-Graft and CorruptPractices Act*Elective officials usually rely on subordinates. Is it a ground for disciplinary action? [Arias vSandiganbayan ]

Sections 60 68SECTION 60. Grounds for Disciplinary Actions. - An elective local official may be disciplined, suspended, or removed from office

on any of the following grounds:(a) Disloyalty to the Republic of the Philippines;(b) Culpable violation of the Constitution;(c) Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty;(d) Commission of any offense involving moral turpitude or an offense punishable by at least prision mayor;(e) Abuse of authority;(f) Unauthorized absence for fifteen (15) consecutive working days, except in the case of members of the Sangguniang

Panlalawigan, Sangguniang Panlungsod, Sangguniang bayan, and Sangguniang Barangay (not regularly going towork everyday. Only required to be in sessions);

(g) Application for, or acquisition of, foreign citizenship or residence or the status of an immigrant of another country; and(h) Such other grounds as may be provided in this Code and other laws. An elective local official may be removed from office

on the grounds enumerated above by order of the proper court.*JURISDICTION: IMPT!

SECTION 61. Form and Filing of Administrative Complaints. - A verified complaint against any erring local electiveofficial shall be prepared as follows:(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;(b) A complaint against any elective official of a municipality shall be filed before the Sangguniang Panlalawiganwhose decision may be appealed to the Office of the President; and

(c) A complaint against any elective Barangay official shall be filed before the Sangguniang Panlungsod orSangguniang bayan concerned whose decision shall be final and executory.

SECTION 62. Notice of Hearing. - (a) Within seven (7) days after the administrative complaint is filed, the Office of the President orthe Sanggunian concerned, as the case may be, shall require the respondent to submit his verified answerwithinfifteen (15) days from receipt thereof, and commence the investigation of the case within ten (10) days after receipt of suchanswer of the respondent.(b) When the respondent is an elective official of a province or highly urbanized city, such hearing and investigation shall be

conducted in the place where he renders or holds office. For all other local elective officials, the venue shall be theplace where the Sanggunian concerned is located.

(c) However, no investigation shall be held within ninety (90) days immediately prior to any local election, and no preventivesuspension shall be imposed within the said period. If preventive suspension has been imposed prior to the 90-day

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period immediately preceding local election, it shall be deemed automatically lifted upon the start of aforesaidperiod.

SECTION 63. Preventive Suspension.(a) Preventive suspension may be imposed:

(1) By the President, if the respondent is an elective official of a province, a highly urbanized or an independentcomponent city;

(2) By the governor, if the respondent is an elective official of a component city or municipality; or(3) By the mayor, if the respondent is an elective official of the Barangay.

(b) Preventive suspension may be imposed at any time after the issues are joined, when the evidence of guilt is strong, andgiven the gravity of the offense, there is great probability that the continuance in office of the respondent couldinfluence the witnesses or pose a threat to the safety and integrity of the records and other evidence: ProvidedThat, any single preventive suspension of local elective officials shall not extend beyond sixty (60) days: Provided

further, That in the event that several administrative cases are filed against an elective official, he cannot bepreventively suspended for more than ninety (90) days within a single year on the same ground or grounds existingand known at the time of the first suspension.

(c) Upon expiration of the preventive suspension, the suspended elective official shall be deemed reinstated in office withoutprejudice to the continuation of the proceedings 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 proceedingof the case is due to his fault, neglect, or request, other than the appeal duly filed, the duration of such delay shalnot be counted in computing the time of termination of the case.

(d) Any abuse of the exercise of the power of preventive suspension shall be penalized as abuse of authority.SECTION 64. Salary of Respondent Pending Suspension. - The respondent official preventively suspended from office shal

receive no salary or compensation during such suspension; but, upon subsequent exoneration and reinstatement, he shalbe paid full salary or compensation including such emoluments accruing during such suspension.

SECTION 65. Rights of Respondent - The respondent shall be accorded full opportunity to appear and defend himself in person orby counsel, to confront and cross-examine the witnesses against him, and to require the attendance of witnesses and theproduction of documentary evidence in his favor through the compulsory process of subpoena or subpoena duces tecum.

SECTION 66. Form and Notice of Decision. - (a) The investigation of the case shall be terminated within ninety (90) days from thestart thereof. Within thirty (30) days after the end of the investigation, the Office of the President or the Sanggunianconcerned shall render a decision in writing stating clearly and distinctly the facts and the reasons for such decision. Copieof said decision shall immediately be furnished the respondent and all interested parties.(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 bar to the candidacy of the respondent so suspended as long ashe meets the qualifications required for the office.

(c) The penalty of removal from office as a result of an administrative investigation shall be considered a bar to thecandidacy of the respondent for any elective position.

SECTION 67. Administrative Appeals. - Decisions in administrative cases may, within thirty (30) days from receipt thereof, beappealed to the following:(a) The Sangguniang Panlalawigan, in the case of decisions of the Sangguniang Panlungsod of component cities and the

Sangguniang bayan; and(b) The Office of the President, in the case of decisions of the Sangguniang Panlalawigan and the Sangguniang Panlungsod o

highly urbanized cities and independent component cities. Decisions of the Office of the President shall be final andexecutory.

SECTION 68. Execution Pending Appeal. - An appeal shall not prevent a decision from becoming final or executory. Therespondent 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 appeal results in an exoneration, he shall be paid his salary and such otheemoluments during the pendency of the appeal.

Section 60 Grounds for Disciplinary ActionReliance on Good Faith a valid defense (but it doesnt mean you can becareless)

Arias v. Sandiganbayan. 180 SCRA 309 (1989)F: auditor and district engineer were convicted by Sandiganbayan for having caused injurydamage, and prejudice to the RP by allowing and approving the illegal and irreguladisbursement and expenditure of public funds in the construction of the Mangahan FloodwayProject in Pasig, Metro ManilaH: Arias should have probed records, inspected documents, reviewed procedures, andquestioned persons. It is doubtful if any auditor of a fairly sized office couldpersonallydo al

these things for all vouchers presented for his signature. The Court would be asking for theimpossible. All heads of offices (mayors and governors included) have to rely to areasonable

Deloso v. Sandiganbayan, 217 SCRA 49 (1993)F: WON the mayor was liable for verbally allowing certain tractors owned by the municipalityto be leased by private personsH: the fact that the lease agreements were not initially reduced to writing, this having beendone only some time later by the Sangguniang Bayan through a resolution adopted for thatpurpose, certainly does not make the transactions anomalous or felonious, nor preclude thegeneration of the contractual relation of lessor and lessee between the Municipality and thefarmers. It is axiomatic that contracts may be entered into in any form, orally or in writing,

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or parol in part and written in part, it being needful merely that the essential requisites fortheir validity be present a precept of general application unless the law requires that acontract be in some form in order that it may be valid or enforceable (article 1356, CiviCode). Quite obviously, the lease of the tractors in this case is not one of those required bylaw to be in writing or other particular form in order that it may be valid or enforeceable.

Preventive Suspension

The Ombudsman also has power to suspend local officials (exampleMerceditas Gutierrez suspended Mayor Pewee Trinidad of Pasayun lang wala

daw basis ung suspension so ultra vires) The Presidents power of Preventive Suspension comes from the power of

general supervision (vs. Control: president cannot control the LG executivescannot substitute his decision)

SECTION 63. Preventive Suspension.(a) Preventive suspension may be imposed:

(1) By the President, if the respondent is an elective official of a province, a highly urbanized or an independentcomponent city;

(2) By the governor, if the respondent is an elective official of a component city or municipality; or * but filing ocase with the President ( Sec61)

(3) By the mayor, if the respondent is an elective official of the Barangay.(b) Preventive suspension may be imposed at any time after*the issues are joined,*when 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 or pose a threat to the safety and integrity of the records and other evidence:Provided, That, any single preventive suspension of local elective officials shall not extend beyond sixty (60)

days: Provided, further, That in the event that several administrative cases are filed against an elective officialhe cannot be preventively suspended for more than ninety (90) days within a single year on the same groundor grounds existing and known at the time of the first suspension.

(c) Upon expiration of the preventive suspension, the suspended elective official shall be deemed reinstated in officewithout prejudice to the continuation of the proceedings against him, which shall be terminated within one hundredtwenty (120) days from the time he was formally notified of the case against him. However, if the delay in theproceedings of the case is due to his fault, neglect, or request, other than the appeal duly filed, the duration of suchdelay shall not be counted in computing the time of termination of the case.

(d) Any abuse of the exercise of the power of preventive suspension shall be penalized as abuse of authority.

SECTION 64. Salary of Respondent Pending Suspension. - The respondent official preventively suspended from office shalreceive no salary or compensation during such suspension; but, upon subsequent exoneration and reinstatement, he shalbe paid full salary or compensation including such emoluments accruing during such suspension.

Yabut v. Office of the Ombudsman, 233 SCRA 310 (1994)F: Suspension imposed before administrative case initiated. Suspended for 60 days. Socontention, was already punished before the administrative caseH: A preventive suspension is not meant to be a penalty but a means taken to insure the

proper and impartial conduct of an investigation. A preventive suspension may be orderedeven before the charges are heard, as well as before the official concerned is given anopportunity to prove his innocence, being merely a measure that is precisely designed inorder not to hamper the normal course of an investigation through the use of influence andauthority.

In practice they do credit suspension prior to administrative decision

In a way it is a penalty because you would lose your salary for those days you arepreventively suspendedthats why usually it is credited.

Carpio v. Exec. Sec., supra.H: The President may preventively suspend only 3 categories of local elective officials: (a)those of a province; (b) those of a highly urbanized city and (c) those of an independentcomponent city.Under the so-called doctrine ofqualified political agency, the members of the Cabinet mayact for and in behalf of the President in certain matters because the President cannot beexpected to exercise his control (and supervisory) powers personally and all at the sametime. He may, therefore, have to delegate some of his powers to his Cabinet membersexcept when he is required by the Constitution or law to act in person or the exigencies ofthe situation demand that he acts personally.

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Espiritu v. Melgar, 206 SCRA 256 (1992)H: Governors have two categories of local elective officials whom they may preventivelysuspend: (a) those of component cities; and (b) those of municipalities.SC justified the suspension of mayor Nelson Melgar of Nauja by Gov. Benjamin Espiritu byciting Sec63, Chapter IV of the old LGC (its a March 1991 case). Under this provision, theMinister of Local Government to impose preventive suspension if the respondent is aprovincial or city official (or) the provincial governor if the respondent is an electivemunicipal official.*Now, the Secretary of DILG is not mentioned as one of those officials who have any power

to suspend any subordinate elective official. The only officials authorized by the Code toimpose preventive suspension under appropriate circumstances are the President, thegovernor and the mayor.

Ganzon v. CA, 200 SCRA 271 (1991) on limitation of number of times a locagovernment electie official may be preventively suspended

F: 10 administrative charges were filed against Mayor Ganzon who had incurred the enmityof then Sec of DILG. The Secretary issued 3 separate preventive suspension orders whichplaced Ganzon under suspension while the cases were under investigation by DILG. The 1 s

suspension order was dated Aug 11, 1988; the 2nd Oct 11, 1988, the 3rd May 3, 1990. Theorders individually preventively suspended Ganzon for 60d. Ganzon questioned thesuspension orders. Pending his petition, DILG Sec issued another order suspending him foranother 60d.

H: Ganzon could be allowed the benefit of simultaneous service of the suspension ordersThe Court added that in the successive suspensions (which) have been inflicted on MayorGanzon, what is intriguing is that respondent Secretary has been cracking down, so tospeak, on the Mayor piecemeal apparently, to pin him down ten times the pain (sic), whenthe respondent Secretary could have pursued a consolidated effort. Surely, allowingpetitioner to serve simultaneously the overlapping third and fourth suspensions will favorhim (and presumably the local constituency) and certainly lessen if not offset the harsheffects of the respondent Secretary in issuing those successive suspension orders.*DILG Sec still suspends, by order of the President (para matanggal ung politicaltaint ng suspension)

Bunye v. Escareal, 226 SCRA 332 (1993)H: The SC ruled that preventive suspension is mandatory under Sec13, EA 3019. Note

however that suspensions may not exceed the maximum period of 90d fixed in Sec42 of PD807. The Sandiganbayan does not abuse its discretion in ordering a preventive suspensionthe same being mandatory once the validity of the information is determined.

Chapter 5 Recall*it is a special election, One is automatically a candidate*recall can not be conducted when THERE IS NOT FUNDS*IS RECALL APPLICABLE TO CONGRESSMEN? TO senators? NO. LGC does not apply to them!

Sections 69 75SECTION 69. By Whom Exercised. - The power of recall for loss of confidence shall be exercised by the registeredvoters of a local government unit to which the local elective official subject to such recall belongs.

*SECTION 70. Initiation of the Recall Process. - (a) Recall may be initiated by a preparatory recall assembly or by the registered

voters of the local government unit to which the local elective official subject to such recall belongs.(b) There shall be a preparatory recall assembly in every province, city, district, and municipality which shall be composed of

the following:(1) Provincial level. - All mayors, vice-mayors, and Sanggunian members of the municipalities and component cities;(2) City level. - All Punong Barangay and Sangguniang Barangay members in the city;(3) Legislative District level. - In cases where Sangguniang Panlalawigan members are elected by district, al

elective municipal officials in the district; and in cases where Sangguniang Panlungsod members areelected by district, all elective Barangay officials in the district; and

(4) Municipal level. - All Punong Barangay and Sangguniang Barangay members in the municipality.(c) A majority of all the preparatory recall assembly members may convene in session in a public place and initiate a recal

proceeding against any elective official in the local government unit concerned. Recall of provincial, city, omunicipal officials shall be validly initiated through a resolution adopted by a majority of all the members of thepreparatory recall assembly concerned during its session called for the purpose.

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(d) Recall of any elective provincial, city, municipal, or Barangay official may also be validly initiated upon petition of at leastwenty-five percent (25%) of the total number of registered voters in the local government unit concerned duringthe election in which the local official sought to be recalled was elected.(1) A written petition for recall duly signed before the election registrar or his representative, and in the presence of

a representative of the petitioner and a representative of the official sought to be recalled, and in a publicplace in the province, city, municipality, or Barangay, as the case may be, shall be filed with the Comelecthrough its office in the local government unit concerned. The Comelec or its duly authorizedrepresentative shall cause the publication of the petition in a public and conspicuous place for a period onot less than ten (10) days nor more than twenty (20) days, for the purpose of verifying the authenticityand genuineness of the petition and the required percentage of voters.

(2) Upon the lapse of the aforesaid period, the Comelec or its duly authorized representative shall announce theacceptance of candidates to the position and thereafter prepare the list of candidates which shall include

the name of the official sought to be recalled.* Amended by RA 9244:

Republic Act No. 9244 February 19 2004 AN ACT ELIMINATING THE PREPARATORY RECALL ASSEMBLY AS A MODE OF INSTITUTING RECALL OFELECTIVE LOCAL GOVERNMENT OFFICIALS, AMENDING FOR THE PURPOSE SECTIONS 70 AND 71, CHAPTER 5, TITLE ONE, BOOK I OF REPUBLICACT NO. 7160, OTHERWISE KNOWN AS THE "LOCAL GOVERNMENT CODE OF 1991", AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Section 70, Chapter 5, Title One, Book I of Republic Acts No. 7160, otherwise known as the Local Government Code of 1991, is herebyamended to read as follows:

"Section 70. Initiation of the Recall Process. -a. The Recall of any elective provincial, city, municipal or barangay official shall be commenced by a petition of a registered voter in the loca

government unit concernedand supported by the registered voters in the local government unit concernedduring the election inwhich the local official sought to be recalled was elected subject to the following percentage requirements:

1. At least twenty-five percent (25%) in the case of local government units with a voting population ofnot more than twenty thousand (20,000);2. At least twenty percent (20%) in the case of local government units with a voting population of at least twenty thousand (20,000) but not

more than seventy-five thousand (75,000): Provided, That in no case shall the required petitioners be less than five thousand (5,000);3. At least fifteen percent (15%) in the case of local government nits with a voting population of at least seventy-five thousand (75,000) but not

more than three hundred thousand (300,000): Provided, however, That in no case shall the required number of petitioners be less thanfifteen thousand (15,000); and

4. At least ten percent (10%) in the case of local government units with a voting population of over three hundred thousand (300,000): Providedhowever, That in no case shall the required petitioners be less than forty-five thousand (45,000).

b. The process of recall shall be effected in accordance with the following procedure:1. A written petition for recall duly signed by the representatives of the petitioners before the election registrar or his representative, shall be filed with

the Comelec through its office in the local government unit concerned.2. The petition to recall shall contain the following:a. The names and addresses of the petitioners written in legible form and their signatures;b. The barangay, city or municipality, local legislative district and the province to which the petitioners belong;c. The name of the official sought to be recalled; andd. A brief narration of the reasons and justifications therefore.

1. The Comelec shall, within fifteen (15) days from the filing of the petition, certify to the sufficiency of the required number of signatures. Failure toobtain the required number of signatures automatically nullifies the petition;

2. If the petition is found to be sufficient in form, the Comelec or its duly authorized representative shall, within three (3) days form the issuance of thecertification, provide the official sought to be recalled a copy of the petition, cause its publication a national newspaper of general circulationand a newspaper of general circulation in the locality, once a week for three (3) 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 ten (10) days nor more than twenty (20) daysfor the purpose of allowing interested parties to examine and verify the validity of the petition and the authenticity of the signatures containedtherein.

3. The Comelec or its duly authorized representatives shall, upon issuance of certification, proceed independently with the verification andauthentication of the signatures of the petitioners and registered voters contained therein. Representatives of the petitioners and the officiasought to be recalled shall be duly notified and shall have the right to participate therein as mere observers. The filing of any challenge orprotest shall be allowed within the period provided in the immediately preceding paragraph and shall be ruled upon with finality within fifteen(15) days from the date of filing of such protest or challenge;

4. Upon the lapse of the aforesaid period, the Comelec or its duly authorized representative shall announce the acceptance of candidates to the positiveand thereafter prepare the list of candidates which shall include the name of the official sought to be recalled."

SEC. 2. Section 71. Chapter 5, Title One, Book I of the Republic Act No. 7160, "Local Government Code of 1991", is hereby amended to read as follows:

(1) "SEC. 71. Election on Recall. - Upon the filing of a valid petition for recall with the appropriate local office of the Comelec, the Comelec or its dulyauthorized representative shall set the date of the election or recall, which shall not be later than thirty (30) days upon the completion of theprocedure outlined in the preceding article, in the case of the barangay, city or municipal officials, and forty-five (45) days in the case ofprovincial officials. The officials sought to be recalled shall automatically be considered as duly registered candidate or candidates to thepertinent positions and, like other candidates, shall be entitled to be voted upon."

SEC. 3. All pending petitions for recall initiated through the Preparatory Recall Assembly shall be considered dismissed upon the effectivity of this Act.***

SECTION 72. Effectivity of Recall. - The recall of an elective local official shall be effective only upon the election and proclamationof a successor in the person of the candidate receiving the highest number of votes cast during the election on recall. Shouldthe official sought to be recalled receive the highest number of votes, confidence in him is thereby affirmed, and he shallcontinue in office.

SECTION 73. Prohibition from Resignation. - The elective local official sought to be recalled shall not be allowed to resign whilethe recall process is in progress.

SECTION 74. Limitations on Recall. - (a) Any elective local official may be the subject of a recall election only once during his termof office for loss of confidence.(b) No recall shall take place within one (1) year from the date of the official's assumption to office or one (1) yea

immediately preceding a regular local election.

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SECTION 75. Expenses Incident to Recall Elections. - All expenses incident to recall elections shall be borne by the Comelec. Forthis purpose, there shall be included in the annual General Appropriations Act a contingency fund at the disposal of the Comelec forthe conduct of recall elections.

Recall Explained

Garcia v. Comelec, 227 SCRA 100 (1993) - History of RecallH: Recall is a mode of removal of public officer by the people before the end of his term ofoffice. The peoples prerogative to remove a public officer is an incident of their sovereignpower and in the absence of constitutional restraint, the power is implied in algovernmental operations. Such power has been held to be indispensable for the proper

administration of public affairs. Not undeservedly, it is frequently described as afundamental right of the people in a representative democracy.-Recall as a mode of removal of elective local officials made its maiden appearance in our1973 Constitution. It was mandated in Section 2 of Article XIthat the Batasang Pambansashall enact a local government codedefining a more responsive and accountable locagovernment structure with an effective system of recallxxx The Batasang Pambansa thenenacted BP 337 entitled The Local Government Code of 1983. Section 54 of its Chapter 3provided only one mode of initiating recall elections of local elective officials, i.e., by petitionof at least 25% of the total number of registered voters in the local government unitconcerned.-Our legal history does not reveal any instance when this power of recall as provided by BP337 was exercised by our people. In February 1986, however, our people more thanexercised their right of recall for they resorted to revolution and they booted of office the

highest elective officials of the land.Section 3, Article X of 1987 Constitution reiterated the mandate for Congress to enact a locagovernment code which shall provide for more responsive and accountable locagovernment structure instituted through a system of decentralization with effectivemechanisms of recall, initiative, and referendum. In response to this constitutional callCongress enacted LGC of 1991.LGC of 1991 provided for a second mode of initiating the recall process through apreparatory recall assembly which in the provincial level is composed of all mayors, vicemayors and sanggunian members of the municipalities and component cities.A reading of the legislative history of these recall provisions will reveal that the idea ofempowering a preparatory recall assembly to initiate the recall from office of local electiveofficials originated from the House of Representatives and not the Senate. The legislativerecords reveal there were 2 principal reasons why this alternative mode of initiating the

recall process through an assembly was adopted, viz: (a) diminish the difficulty of initiatingrecall through the direct action of the people; and (b) to cut down on its expense. Ourlawmakers took note of the undesirable fact that the mechanism initiating recall by directaction of the electorate was utilized only one in the City of Angeles, Pampanga, but even thislone attempt to recall the city mayor failed. Former Congressman Cainglet explained thatthis initiatory process by direct action of the people was too cumbersome, too expensiveand almost impossible to implement. Consequently, our legislators added in the secondmode of initiating the recall of local officials that this second mode may cause instability inthe local government units due to its imagined ease.

Evardone v. Comelec, 204 SCRA 464 (1991)H: Loss of confidence as a ground for recall is a political question. In the words of thecourt, WON the electorate of the Municipality of Sulat has lost confidence in the incumbent

mayor is a political question. It belongs to the realm of politics where only the people are thejudge.Loss of confidence: a ground for recall: a formal withdrawal by an electorate of their trust ina persons ability to discharge his office previously bestowed on him by the same electorate.

Section 71 Election on Recall"SEC. 71. Election on Recall. - Upon the filing of a valid petition for recall with the appropriate local office of the

Comelec, the Comelec or its duly authorized representative shall set the date of the election or recall, whichshall not be later than thirty (30) days upon the completion of the 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 provinciaofficials. The officials sought to be recalled shall automatically be considered as duly registered candidate or

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candidates to the pertinent positions and, like other candidates, shall be entitled to be voted upon." (ASAMENDED by RA 9244)

25% Requirement explainedAngobung v. Comelec, 269 SCRA 245 (1997)F: for the petition for recall to be valid, the petition must be filed, not by one person only,but by atleast 25% of the total number of registered voters. And while the initiatory recalpetition may not yet contain the signatures of at least 25% of the total number of registeredvoters, the petition must contain the names of at least 25% of the total number of registeredvoters in whose behalf only one person may sign the petition in the meantime.

Meaning of Next Regular ElectionsParas v. Comelec, 264 SCRA 49 (1996)F: A recall election is potentially disruptive of the normal working of the local governmentunit necessitating additional expenses, hence the prohibition against the conduct of recalelection one year immediately preceding the regular local election. The proscription is dueto the proximity of the next regular election for the office of the local elective officiaconcerned. The electorate could choose the officials replacement n the said election whocertainly has a longer tenure in office than a successor elected through recall election. Itwould, therefore, be more in keeping with the intent of the recall provision of the Code toconstrue regular local election as one referring to an election where the office held by thelocal elective official sought to be recalled will be contested and be filled by the electorate.-where the time bar was being invoked by the mayor in view of the approaching barangay

elections in May 1997, the SC rejected his argument emphasizing that for the time bar toapply, the approaching regular local election must be one where the position of the officiato be recalled is to be actually contested and filled by the electorate.

2. HUMAN RESOURCES AND DEVELOPMENT

Sections 76 97

Section 76 Organizational Structure and Staffing PatternSECTION 76. Organizational Structure and Staffing Pattern. - Every local government unit shall design and implement its own

organizational structure and staffing pattern taking into consideration its service requirements and financial capabilitysubject to the minimum standards and guidelines prescribed by the Civil Service Commission.

SECTION 77. Responsibility for Human Resources and Development . - The chief executive of every local government unitshall be responsible for human resources and development in his unit and shall take all personnel actions in accordance withthe Constitutional provisions on civil service, pertinent laws, and rules and regulations thereon, including such policiesguidelines and standards as the Civil Service Commission may establish: Provided, That the local chief executive mayemploy emergency or casual employees or laborers paid on a daily wage or piecework basis and hired through job orders forlocal projects authorized by the Sanggunian concerned, without need of approval or attestation by the Civil ServiceCommission: Provided, further, That the period of employment of emergency or casual laborers as provided in this Sectionshall not exceed six (6) months.

The Joint Commission on Local Government Personnel Administration organized pursuant to Presidential DecreeNumbered Eleven Hundred thirty-six (P.D. No. 1136) is hereby abolished and its personnel , records, equipment andother assets transferred to the appropriate office in the Civil Service Commission.

Regular EmployeesChua v. CSC, 206 SCRA 65 (1992)H: No definition of regular government employees can be found in (a) RA 2260, the CiviService Act of 1965; (b) PD 807 promulgated on Oct 6, 1975, which superseded the CiviService Act; (c) Administrative Code of 1987 EO 292 promulgated July 25, 1987; (d) RA 6693the Early Retirement Act, which merely mentions that such employees are covered by theAct, unmindful that no such specie is employed in the public sector.The only official issuance that defines regular employees is the Labor Codepromulgated under a martial law decree that deals with employment with privateentities. Under the Labor Code an employment is regular where the employee has beenengaged to perform activities which are usually necessary or desirable in the usual businessor trade of the employer. No equivalent definition can be found in any of the laws orissuances mentioned above that deal with the government sector. The Civil Service Act,however, supplies the deficiency not by defining employees as regular but as belonging tocareer or noncareer services.

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-A coterminous employee is a noncareer civil servant, like casual and emergencyemployees. There is no reason why the latter are extended benefits under the EarlyRetirement Law but the former are not. It will be noted that RA 6683 expressly extends itsbenefits for early retirement to regular, temporary, casual and emergency employeesCoterminous or project personnel...who have rendered years of continuous service, shouldbe included in the coverage of Early Retirement Law, as long as they file their applicationprior to the expiration of their term, and as long as they comply with the regulationspromulgated for that purpose.

Section 78 Civil Service Law, Rules and Regulations, and otherRelated Issuances CSC Power of AppointmentSECTION 78. Civil Service Law, Rules and Regulations, and Other Related Issuances. - All matterspertinent to human resources and development in local government units shall be governed by the civil service lawand such rules and regulations and other issuances promulgated pursuant thereto, unless otherwise specified inthis Code.

Medalla v. Sto. Tomas, 208 SCRA 351 (1992)F: reiterated ruling in Luego v. CSC: the power of appointment is discretionaryin nature andthe CSC has no power to review it. CSC has no power of appointment except over its ownpersonnel. Neither does it have the authority to review the appointments made by otheroffices except only to ascertain if the appointee possesses the required qualifications. Thedetermination of who among the aspirants with the minimum statutory qualifications shouldbe preferred belongs to the appointing authority and not to the Civil Service Commission. It

cannot disallow an appointment because it believes another person is better qualified andmuch less can it direct the appointment of its own choice.

Luego v. CSC, 143 SCRA 327 (1986): the power of appointment is discretionaryinnature and the CSC has no power to review it.

Cabagnot v. CSC, 223 SCRA 59 (1993)F: The governor conducted a reorganization of all provincial employees and officials. Manyemployees objected because they were given positions lower in rank than their positionsprior to the reorganization.H: Their security of tenure was impaired. As a result of the reorganization, these employeeshave been demoted by their assignment to positions which are lower than those theypreviously held, or which though equivalent salary grade and step, drastically changes thenature of their work without showing by the governor of the existence of a valid cause forsuch demotion, which in effect is a removal, determined after due notice and hearing

Assigning an employee to a lower position in the same service which has a lower rate ofcompensation is a clear case of demotion tantamount to removal when no cause is shownfor it or when it is not a part of any disciplinary action.

SECTION 79. Limitation on Appointments. - No person shall be appointed in the career service of the local government if he isrelated within the fourth civil degree of consanguinity or affinity to the appointing or recommending authority.

SECTION 80. Public Notice of Vacancy; Personnel Selection Board. - (a) Whenever a local chief executive decides to fill avacant career position, there shall be posted notices of the vacancy in at least three (3) conspicuous public places in thelocal government unit concerned for a period of not less than fifteen (15) days.

(b) There shall be established in every province, city or municipality a personnel selection board to assist the local chief executive inthe judicious and objective selection of personnel for employment as well as for promotion, and in the formulation of suchpolicies as would contribute to employee welfare.(c) The personnel selection board shall be headed by the local chief executive, and its members shall be determined by

resolution of the Sanggunian concerned. A representative of the Civil Service Commission, if any, and the personnelofficer of the local government unit concerned shall be ex officio members of the board.

SECTION 81. Compensation of Local Officials and Employees. - The compensation of local officials and personnel shall be

determined by the Sanggunian concerned: Provided, That the increase in compensation of elective local officials shall takeeffect only after the terms of office of those approving such increase shall have expired: Provided, further, That the increasein compensation of the appointive officials and employees shall take effect as provided in the ordinance authorizing suchincrease: Provided, however, That said increases shall not exceed the limitations on budgetary allocations for personaservices provided under Title Five, Book II of this Code: Provided, finally, That such compensation may be based upon thepertinent provisions of Republic Act Numbered Sixty-seven fifty-eight (R.A. No. 6758), otherwise known as the"Compensation and Position Classification Act of 1989".The Punong Barangay, the Sangguniang Barangay members, the Sangguniang kabataan chairman, the Barangay treasurerand the Barangay secretary shall be entitled to such compensation, allowances, emoluments, and such other privileges asprovided under Title One, Book III of this Code.Elective local officials shall be entitled to the same leave privileges as those enjoyed by appointive local officials, includingthe cumulation and commutation thereof.

SECTION 82. Resignation of Elective Local Officials. - (a) Resignations by elective local officials shall be deemed effective onlyupon acceptance by the following authorities:

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(1) The President, in the case of governors, vice- governors, and mayors and vice-mayors of highly urbanized citiesand independent component cities;

(2) The governor, in the case of municipal mayors, municipal vice-mayors, city mayors and city vice-mayors ofcomponent cities;

(3) The Sanggunian concerned, in the case of Sanggunian members; and(4) The city or municipal mayor, in the case of Barangay officials.

(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 Interior and Local Government.

(c) The resignation shall be deemed accepted if not acted upon by the authority concerned within fifteen (15) working daysfrom receipt thereof.

(d) Irrevocable resignations by Sangguniang members shall be deemed accepted upon presentation before an open sessionof the Sanggunian concerned and duly entered in its records: Provided, however, That this subsection does not

apply to Sanggunian members who are subject to recall elections or to cases where existing laws prescribe themanner of acting upon such resignations.

SECTION 83. Grievance Procedure. - In every local government unit, the local chief executive shall establish a procedure toinquire into, act upon, resolve or settle complaints and grievances presented by local government employees.

SECTION 84. Administrative Discipline. - Investigation and adjudication of administrative complaints against appointive locaofficials and employees as well as their suspension and removal shall be in accordance with the civil service law and rulesand other pertinent laws. The results of such administrative investigations shall be reported to the Civil Service Commission.

SECTION 85. Preventive Suspension of Appointive Local Officials and Employees. - (a) The local chief executives maypreventively suspend for a period not exceeding sixty (60) days any subordinate official or employee under his authoritypending investigation if the charge against such official or employee involves dishonesty, oppression or grave misconduct oneglect in the performance of duty, or if there is reason to believe that the respondent is guilty of the charges which wouldwarrant his removal from the service.

(b) Upon expiration of the preventive suspension, the suspended official or employee shall be automatically reinstated in officewithout prejudice to the continuation of the administrative proceedings against him until its termination. If the delay in theproceedings of the case is due to the fault, neglect or request of the respondent, the time of the delay shall not be countedin computing the period of suspension herein provided.

SECTION 86. Administrative Investigation. - In any local government unit, administrative investigation may be conducted by aperson or a committee duly authorized by the local chief executive. Said person or committee shall conduct hearings on thecases brought against appointive local officials and employees and submit their findings and recommendations to the locachief executive concerned within fifteen (15) days from the conclusion of the hearings. The administrative cases hereinmentioned shall be decided within ninety (90) days from the time the respondent is formally notified of the charges.

SECTION 87. Disciplinary Jurisdiction. - Except as otherwise provided by law, the local chief executive may impose the penalty oremoval from service, demotion in rank, suspension for not more than one (1) year without pay, fine in an amount noexceeding six (6) months' salary, or reprimand and otherwise discipline subordinate officials and employees under hisjurisdiction. If the penalty imposed is suspension without pay for not more than thirty (30) days, his decision shall be final. Ifthe penalty imposed is heavier than suspension of thirty (30) days, the decision shall be appealable to the Civil ServiceCommission, which shall decide the appeal within thirty (30) days from receipt thereof.

SECTION 88. Execution Pending Appeal. - An appeal shall not prevent the execution of a decision of removal or suspension of arespondent-appellant. In case the respondent-appellant is exonerated, he shall be reinstated to his position with all therights and privileges appurtenant thereto from the time he had been deprived thereof.

SECTION 89. Prohibited Business and Pecuniary Interest. - (a) It shall be unlawful for any local government official oemployee, directly or indirectly, to:

(1) Engage in any business transaction with the local government unit in which he is an official or employee or ove

which he has the power of supervision, or with any of its authorized boards, officials, agents, or attorneyswhereby money is to be paid, or property or any other thing of value is to be transferred, directly orindirectly, out of the resources of the local government unit to such person or firm;

(2) Hold such interests in any cockpit or other games licensed by a local government unit.(3) Purchase any real estate or other property forfeited in favor of such local government unit for unpaid taxes or

assessment, or by virtue of a legal process at the instance of the said local government unit.(4) Be a surety for any person contracting or doing business with the local government unit for which a surety is

required; and(5) Possess or use any public property of the local government unit for private purposes.

(b) All other prohibitions governing the conduct of national public officers relating to prohibited business and pecuniaryinterest so provided for under Republic Act Numbered Sixty-seven thirteen (R. A. No. 6713) otherwise known as the"Code of Conduct and Ethical Standards for Public Officials and Employees" and other laws shall also be applicableto local government officials and employees.

SECTION 90. Practice of Profession. - (a) All governors, city and municipal mayors are prohibited from practicing their professionor engaging in any occupation other than the exercise of their functions as local chief executives.(b) Sanggunian members may practice their professions, engage in any occupation, or teach in schools except during

session hours: Provided, That Sanggunian members who are also members of the Bar shall not:(1) Appear as counsel before any court in any civil case wherein a local government unit or any office, agency, orinstrumentality of the government is the adverse party;

(2) Appear as counsel in any criminal case wherein an officer or employee of the national or local government isaccused of an offense committed in relation to his office.

(3) Collect any fee for their appearance in administrative proceedings involving the local government unit of whichhe is an official; and

(4) Use property and personnel of the government except when the Sanggunian member concerned is defendingthe interest of the government.

(c) Doctors of medicine may practice their profession even during official hours of work only on occasions of emergencyProvided, That the officials concerned do not derive monetary compensation therefrom.

SECTION 91. Statement of Assets and Liabilities.- (a) Officials and employees of local government units shall file swornstatements of assets, liabilities and networth, lists of relatives within the fourth civil degree of consanguinity or affinity ingovernment service, financial and business interests, and personnel data sheets as required by law.

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SECTION 92. Oath of Office. - (a) All elective and appointive local officials and employees shall, upon assumption to officesubscribe to an oath or affirmation of office in the prescribed form. The oath or affirmation of office shall be filed with theoffice of the local chief executive concerned. A copy of the oath or affirmation of office of all elective and appointive locaofficials and employees shall be preserved in the individual personal records file under the custody of the personnel office,division, or section of the local government unit concerned.

SECTION 93. Partisan Political Activity. - No local official or employee in the career civil service shall engage directly or indirectlyin any partisan political activity or take part in any election, initiative, referendum, plebiscite, or recall, except to vote, norshall he use his official authority or influence to cause the performance of any political activity by any person or body. Hemay, however, express his views on current issues, or mention the names of certain candidates for public office whom hesupports. Elective local officials may take part in partisan political and electoral activities, but it shall be unlawful for them tosolicit contributions from their subordinates or subject these subordinates to any of the prohibited acts under the OmnibusElection Code.

SECTION 94. Appointment of Elective and Appointive Local Officials; Candidates Who Lost in Election. - (a) No elective oappointive local official shall be eligible for appointment or designation in any capacity to any public office or position duringhis tenure.

Unless otherwise allowed by law or by the primary functions of his position, no elective or appointive local officialshall hold any other office or employment in the government or any subdivision, agency or instrumentality thereofincluding government-owned or -controlled corporations or their subsidiaries.

(b) Except for losing candidates in Barangay elections, no candidate who lost in any election shall, within one (1) year aftesuch election, be appointed to any office in the government or any government-owned or -controlled corporationsor in any of their subsidiaries.

SECTION 95. Additional or Double Compensation. - No elective or appointive local official or employee shall receive additionaldouble, or indirect compensation, unless specifically authorized by law, nor accept without the consent of Congress, anypresent, emoluments, office, or title of any kind from any foreign government. Pensions or gratuities shall not be consideredas additional, double, or indirect compensation.

SECTION 96. Permission to Leave Station. - (a) Provincial, city, municipal, and Barangay appointive officials going on officiatravel shall apply and secure written permission from their respective local chief executives before departure. Theapplication shall specify the reasons for such travel, and the permission shall be given or withheld based on considerationsof public interest, financial capability of the local government unit concerned and urgency of the travel.Should the local chief executive concerned fail to act upon such application within four (4) working days from receiptthereof, it shall be deemed approved.(b) Mayors of component cities and municipalities shall secure the permission of the governor concerned for any trave

outside the province.(c) Local government officials traveling abroad shall notify their respective Sanggunian: Provided, That when the period o

travel extends to more than three (3) months, during periods of emergency or crisis or when the travel involves theuse of public funds, permission from the Office of the President shall be secured.

(d) Field officers of national agencies or offices assigned in provinces, cities, and municipalities shall not leave their officialstations without giving prior written notice to the local chief executive concerned. Such notice shall state theduration of travel and the name of the officer whom he shall designate to act for and in his behalf during hisabsence.

SECTION 97. Annual Report. - On or before March 31 of each year, every local chief executive shall submit an annual report to theSanggunian concerned on the socioeconomic, political and peace and order conditions, and other matters concerning the locagovernment unit, which shall cover the immediately preceding calendar year. A copy of the report shall be forwarded to theDepartment of Interior and Local Government. Component cities and municipalities shall likewise provide the Sangguniang

Panlalawigan copies of their respective annual reports.

3. LOCAL BOARDS AND COUNCILS

Local School BoardsSections 98 101

SECTION 98. Creation, Composition and Compensation. - (a) There shall be established in every province, city, or municipality aprovincial, city or municipal school board, respectively.(b) The composition of local school boards shall be as follows:

(1) The provincial school board shall be composed of the governor and the division superintendent of schools as cochairmen; the chairman of the education committee of the Sangguniang Panlalawigan, the provinciatreasurer, the representative of the pederasyon ng mga Sangguniang kabataan in the SangguniangPanlalawigan, the duly elected president of the provincial federation of parents-teachers association, theduly elected representative of the teachers' organization in the province, and the duly electedrepresentative of the non-academic personnel of public schools in the province, as members;

(2) The city school board shall be composed of the city mayor and the city superintendent of schools as co-chairmen; the chairman of the education committee of the Sangguniang Panlungsod, the city treasurerthe representative of the pederasyon ng mga Sangguniang kabataan in the Sangguniang Panlungsod, theduly elected president of the city federation of parents-teachers associations, the duly electedrepresentative of the teachers' organizations in the city, and the duly elected representative of the nonacademic personnel of public schools in the city, as members; and

(3) The municipal school board shall be composed of the municipal mayor and the district supervisor of schools asco-chairmen; the chairman of the education committee of the Sangguniang bayan, the municipatreasurer, the representative of the pederasyon ng mga Sangguniang kabataan in the Sangguniang bayanthe duly elected president of the municipal federation of parents-teachers associations, the duly electedrepresentative of the teachers' organizations in the municipality, and the duly elected representative ofthe non-academic personnel of public schools in the city, as members;

(c) In the event that a province or city has two (2) or more school superintendents, and in the event that a municipality hastwo (2) or more district supervisors, the co-chairman of the local school board shall be determined as follows:

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(1) The Department of Education, Culture and Sports shall designate the co-chairman for the provincial and cityschool boards; and

(2) The division superintendent of schools shall designate the district supervisor who shall serve as co-chairman othe municipal school board.

(d) The performance of the duties and responsibilities of the abovementioned officials in their respective local school boardshall not be delegated.

SECTION 99. Functions of Local School Boards. - The provincial, city or municipal school board shall:(a) Determine, in accordance with the criteria set by the Department of Education, Culture and Sports, the annua

supplementary budgetary needs for the operation and maintenance of public schools within the province, city ormunicipality, as the case may be, and the supplementary local cost of meeting such needs, which shall be reflectedin the form of an annual school board budget corresponding to its share in the proceeds of the special levy on reaproperty constituting the Special Education fund and such other sources of revenue as this Code and other laws o

ordinances may provide;(b) Authorize the provincial, city or municipal treasurer, as the case may be, to disburse funds from the Special Education

fund pursuant to the budget prepared and in accordance with existing rules and regulations;(c) Serve as an advisory committee to the Sanggunian concerned on educational matters such as, but not limited to, the

necessity for and the uses of local appropriations for educational purposes; and(d) Recommend changes in the names of public schools within the territorial jurisdiction of the local government unit for

enactment by the Sanggunian concerned.The Department of Education, Culture and Sports shall consult the local school board on the appointment of divisionsuperintendents, district supervisors, school principals, and other school officials.

SECTION 100. Meetings and Quorum; Budget. - (a) The local school board shall meet at least once a month or as often as maybe necessary.(b) Any of the co-chairmen may call a meeting. A majority of all its members shall constitute a quorum. However, when both

co-chairmen are present in a meeting, the local chief executive concerned, as a matter of protocol, shall be givenpreference to preside over the meeting. The division superintendent, city superintendent or district supervisor, asthe case may be, shall prepare the budget of the school board concerned. Such budget shall be supported byprograms, projects, and activities of the school board for the ensuing fiscal year. The affirmative vote of themajority of all its members shall be necessary to approve the budget.

(c) The annual school board budget shall give priority to the following:(1) Construction, repair, and maintenance of school buildings and other facilities of public elementary and

secondary schools;(2) Establishment and maintenance of extension classes where necessary; and(3) Sports activities at the division, district, municipal, and Barangay levels.

SECTION 101. Compensation and Remuneration. - The co-chairmen and members of the provincial, city or municipal schooboard shall perform their duties as such without compensation or remuneration. Members thereof who are not governmenofficials or employees shall be entitled to necessary traveling expenses and allowances chargeable against funds of the locaschool board concerned, subject to existing accounting and auditing rules and regulations.

Local Health BoardsSections 102 105

SECTION 102. Creation and Composition. - (a) There shall be established a local health board in every province, city ormunicipality. The composition of the local health boards shall be as follows:

(1) The provincial health board shall be headed by the governor as chairman, the provincial health officer as vice-

chairman, and the chairman of the committee on health of the Sangguniang Panlalawigan, arepresentative from the private sector or non-governmental organizations involved in health services, anda representative of the Department of Health in the province, as members;

(2) The city health board shall be headed by the city mayor as chairman, the city health officer as vice-chairman,and the chairman of the committee on health of the Sangguniang Panlungsod, a representative from theprivate sector or non-governmental organizations involved in health services, and a representative of theDepartment of Health in the city, as members; and

(3) The municipal health board shall be headed by the municipal mayor as chairman, the municipal health officer asvice-chairman, and the chairman of the committee on health of the Sangguniang bayan, a representativefrom the private sector or non-governmental organizations involved in health services, and arepresentative of the Department of Health in the municipality, as members;

(b) The functions of the local health board shall be:(1) To propose to the Sanggunian concerned, in accordance with standards and criteria set by the Department o

Health, annual budgetary allocations for the operation and maintenance of health facilities and serviceswithin the municipality, city or province, as the case may be.

(2) To serve as an advisory committee to the Sanggunian concerned on health matters such as, but not limited to

the necessity for, and application of, local appropriations for public health purposes; and(3) Consistent with the technical and administrative standards of the Department of Health, create committeeswhich shall advise local health agencies on matters such as, but not limited to, personnel selection andpromotion, bids and awards, grievances and complaints, personnel discipline, budget review, operationsreview and similar functions.

SECTION 103. Meetings and Quorum. - (a) The board shall meet at least once a month or as often as may be necessary.(b) A majority of the members of the board shall constitute a quorum, but the chairman or the vice-chairman must be

present during meetings where budgetary proposals are being prepared or considered. The affirmative vote of althe majority of the members shall be necessary to approve such proposals.

SECTION 104. Compensation and Remuneration. - The chairman, vice-chairman, and members of the provincial, city omunicipal health board shall perform their duties as such without compensation or remuneration. Members thereof who arenot government officials or employees shall be entitled to necessary traveling expenses and allowances chargeable againsthe funds of the local health board concerned, subject to existing accounting and auditing rules and regulations.

SECTION 105. Direct National Supervision and Control by the Secretary of Health . - In cases of epidemics, pestilence, andother widespread public health dangers, the Secretary of Health may, upon the direction of the President and in consultation

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Local Legislation Onwards

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