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• Effect
of
vice
mayor
as
presiding
officer
-‐
where
the
presiding
officer
or
mayor
is
a
member
of
the
(5)
The
discipline
of
members
for
disorderly
behavior
and
absences
without
justifiable
cause
for
council
or
governing
body,
unless
expressly
forbidden
by
law,
generally
he
may
not
vote
on
all
four
(4)
consecutive
sessions,
for
which
they
may
be
censured,
reprimanded,
or
excluded
from
the
questions
as
a
constituent
member,
but
where
the
charter
gives
him
a
casting
vote
in
the
event
of
a
tie,
session,
suspended
for
not
more
than
sixty
(60)
days,
or
expelled:
Provided,
That
the
penalty
of
he
may
vote
the
second
time.
If
there
is
no
tie,
his
vote
cannot
be
counted
in
determining
w/n
there
is
suspension
or
expulsion
shall
require
the
concurrence
of
at
least
two-‐thirds
(2/3)
vote
of
all
the
a
majority
vote.
sanggunian
members:
Provided,
further,
That
a
member
convicted
by
final
judgment
to
imprisonment
of
at
least
one
(1)
year
for
any
crime
involving
moral
turpitude
shall
be
CASE:
PEREZ
V.
DELA
CRUZ
automatically
expelled
from
the
sanggunian;
and
(6)
Such
other
rules
as
the
sanggunian
may
adopt.
Perez
contends
that
since
under
the
Naga
City
charter
the
mayor
was
the
presiding
officer
of
the
municipal
board,
and
since
under
Republic
Act
2259
creating
the
position
of
vice-‐mayor
who
was
made
the
presiding
officer,
the
vice-‐mayor
simply
replaced
the
mayor
as
"presiding
officer"
of
the
•
Internal
rules
of
procedure
-‐
in
absence
of
legal
provisions
or
restrictions,
Sanggunians
may
from
municipal
board,
the
vice-‐mayor
acquired
all
the
rights
and
prerogatives
of
the
presiding
officer
time
to
time,
adopt,
change,
abolish,
suspend,
modify
or
waive
its
own
rules
or
parliamentary
usage
as
under
the
charter,
one
of
which
is
"membership
in
the
municipal
board."
The
petitioner
now
argues
to
procedure
;
may
also
be
done
by
implication
that
as
vice-‐mayor
she
merely
stepped
into
the
shoes
of
the
mayor
as
presiding
officer
of
the
board,
and
since
the
mayor
was
considered
a
member
thereof,
she
too
became
a
member
entitled
to
the
Public
Corporations
Law
AKD
Notes
-‐
FINALS
st
Amb.
Tolentino
1
Sem
2015-‐2016
Page
4
o Construction:
absent
proof
of
contrary,
any
action
taken
by
local
legislative
body
is
presumed
to
(1)
Ownership
of
stock
or
capital,
or
investment,
in
the
entity
or
firm
to
which
the
ordinance
or
be
in
conformity
with
its
own
rules
and
parliamentary
usage
as
to
procedure.
LIBERAL
resolution
may
apply;
and
construction
is
applied
–
unless
law
renders
failure
to
observe
mandatory
requirements.
(2)
Contracts
or
agreements
with
any
person
or
entity
which
the
ordinance
or
resolution
under
o Mode
of
legislative
action:
must
be
by
Ordinance,
Bylaw,
or
Resolution
or
its
equivalent.
consideration
may
affect.
-‐
if
charter
provides
that
action
shall
be
by
Ordinance
or
Resolution,
it
must
act
in
manner
In
the
absence
of
a
specific
constitutional
or
statutory
provision
applicable
to
this
situation,
prescribed
"conflict
of
interest"
refers
in
general
to
one
where
it
may
be
reasonably
deduced
that
a
member
of
-‐
if
no
action
prescribed,
any
form
a
sanggunian
may
not
act
in
the
public
interest
due
to
some
private,
pecuniary,
or
other
personal
considerations
that
may
tend
to
affect
his
judgment
to
the
prejudice
of
the
service
or
the
public.
o Number
of
readings:
-‐
Ordinances
–
three
reading
requirement,
read
on
different
days
prior
to
final
passage
(b)
The
disclosure
required
under
this
Act
shall
be
made
in
writing
and
submitted
to
the
secretary
of
-‐
Resolution
–
no
need
for
third
reading
unless
decided
otherwise
by
a
majority
of
all
sanggunian
the
sanggunian
or
the
secretary
of
the
committee
of
which
he
is
a
member.
The
disclosure
shall,
in
all
members.
cases,
form
part
of
the
record
of
the
proceedings
and
shall
be
made
in
the
following
manner:
(1)
Disclosure
shall
be
made
before
the
member
participates
in
the
deliberations
on
the
ordinance
o Difference
between
ORDINANCE
AND
RESOLUTION:
or
resolution
under
consideration:
Provided,
That,
if
the
member
did
not
participate
during
the
ORDINANCE
deliberations,
the
disclosure
shall
be
made
before
voting
on
the
ordinance
or
resolution
on
second
-‐
Intended
to
permanently
direct
and
control
matters
applying
to
persons
or
thins
in
general
and
third
readings;
and
-‐
Providing
a
permanent
rule
of
conduct
-‐
Need
to
go
through
the
3
reading
rule
(2)
Disclosure
shall
be
made
when
a
member
takes
a
position
or
makes
a
privilege
speech
on
a
-‐
All
enacted
ordinance
are
to
be
submitted
to
the
LCE
concerned
for
approval
matter
that
may
affect
the
business
interest,
financial
connection,
or
professional
relationship
RESOLUTION
described
herein.
-‐
Merely
expressive
of
an
opinion
of
a
legislature
which
have
only
a
temporary
effect
-‐
A
statement
or
verdict,
not
a
laws
but
is
a
mere
expression
of
a
opinion,
or
merely
the
form
in
which
the
legislative
body
expresses
an
opinion
and
used
whenever
the
legislative
body
passing
it
•
Effects
on
act
of
Sanggunian
of
failure
to
disclose
–
public
policy
forbids
the
sustaining
of
wishes
merely
to
express
an
opinion
concerning
some
given
matter
or
thing
municipal
action
founded
upon
a
vote
of
a
council
member
or
a
member
of
mun.
governing
body
in
-‐
Need
not
go
through
the
3-‐reading
rule,
UNLESS
the
sanggunian
so
agree
any
matter
before
it
which
directly
or
immediately
affects
him
or
her
individually
-‐
General
Rule:
All
enacted
resolutions
need
not
be
submitted
to
the
LCE
concerned
for
approval
-‐
Exception:
resolutions
approving
local
development
plan
and
public
investment
•
Criminal
penalties
-‐
constitutes
a
violation
of
RA
6713,
punishable
by
imprisonment
not
exceeding
5
years
or
a
fine
not
exceeding
P5,000
or
both,
and
upon
discretion,
disqualification
to
hold
public
o Ratification
of
acts
–
must
be
made
with
the
same
formalities
required
for
the
original
exercise
office.
Such
violation
is
sufficient
cause
for
removal
or
dismissal
if
administrative
proceedings
are
of
power.
There
can
be
no
legal
confirmation
or
ratification
of
ultra
vires
acts
nor
of
acts
under
a
filed.
void
law
Section
52.
Sessions.
-‐
o Rescission
of
acts
–
sanggunians
possess
power
to
rescind
prior
acts
and
votes
at
any
(a)
On
the
first
day
of
the
session
immediately
following
the
election
of
its
members,
the
sanggunian
subsequent
time
until
the
act
or
vote
is
complete,
provided
vested
rights
are
not
violated
and
such
shall,
by
resolution,
fix
the
day,
time,
and
place
of
its
regular
sessions.
The
minimum
numbers
of
rescission
is
in
conformity
with
the
law
applicable
regular
sessions
shall
be
once
a
week
for
the
sangguniang
panlalawigan,
sangguniang
panlungsod,
and
sangguniang
bayan,
and
twice
a
month
for
the
sangguniang
barangay.
•
Committees
-‐
to
assist
the
council
in
the
performance
of
its
duties
o Mandatory
committees:
(b)
When
public
interest
so
demands,
special
sessions
may
be
called
by
the
local
chief
executive
or
1. Appropriations
by
a
majority
of
the
members
of
the
sanggunian.
2. Women
and
family
(c)
All
sanggunian
sessions
shall
be
open
to
the
public
unless
a
closed-‐door
session
is
ordered
by
an
3. Youth
and
Sports
Development
affirmative
vote
of
a
majority
of
the
members
present,
there
being
a
quorum,
in
the
public
interest
or
4. Human
Rights
for
reasons
of
security,
decency,
or
morality.
No
two
(2)
sessions,
regular
or
special,
may
be
held
in
a
5. Environmental
Protection
single
day.
6. Cooperatives
(d)
In
the
case
of
special
sessions
of
the
sanggunian,
a
written
notice
to
the
members
shall
be
served
Section
51.
Full
Disclosure
of
Financial
and
Business
Interests
of
Sanggunian
Members.
-‐
personally
at
the
member's
usual
place
of
residence
at
least
twenty-‐four
(24)
hours
before
the
special
session
is
held.
(a)
Every
sanggunian
member
shall,
upon
assumption
to
office,
make
a
full
disclosure
of
his
business
Unless
otherwise
concurred
in
by
two-‐thirds
(2/3)
vote
of
the
sanggunian
members
present,
there
and
financial
interests,
or
professional
relationship
or
any
relation
by
affinity
or
consanguinity
within
being
a
quorum,
no
other
matters
may
be
considered
at
a
special
session
except
those
stated
in
the
the
fourth
civil
degree,
which
he
may
have
with
any
person,
firm,
or
entity
affected
by
any
ordinance
or
notice.
resolution
under
consideration
by
the
sanggunian
of
which
he
is
a
member,
which
relationship
may
result
in
conflict
of
interest.
Such
relationship
shall
include:
Public
Corporations
Law
AKD
Notes
-‐
FINALS
st
Amb.
Tolentino
1
Sem
2015-‐2016
Page
5
(e)
Each
sanggunian
shall
keep
a
journal
and
record
of
its
proceedings
which
may
be
published
upon
or
ordinance
or
do
any
valid
act.”
When
required
to
constitute
a
quorum,
“majority”
means
the
resolution
of
the
sanggunian
concerned.
number
greater
than
half
or
more
than
half
of
the
total.
Section
53.
Quorum.
-‐
As
further
stated,
it
requires
the
majority
of
ALL
members
of
the
Sanggunian.
Quorum
should,
thus,
be
(a)
A
majority
of
all
the
members
of
the
sanggunian
who
have
been
elected
and
qualified
shall
based
on
the
total
number
of
members
regardless
of
whether
or
not
a
member
is
said
to
be
abroad.
constitute
a
quorum
to
transact
official
business.
Should
a
question
of
quorum
be
raised
during
a
session,
the
presiding
officer
shall
immediately
proceed
to
call
the
roll
of
the
members
and
thereafter
announce
the
results.
Therefore,
in
cases
where
decisions
have
been
made
during
sessions
deemed
to
have
not
met
the
required
quorum,
such
sessions
and
decisions
shall
be
considered
void.
(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
•
Quorum
for
resolutions
–
IRR
require
the
concurrence
of
the
approval
by
the
majority
of
the
the
immediate
attendance
of
any
member
absent
without
justifiable
cause
by
designating
a
member
members
present
and
the
existence
of
a
quorum
to
validly
enact
a
resolution.
of
the
sanggunian
to
be
assisted
by
a
member
or
members
of
the
police
force
assigned
in
the
territorial
jurisdiction
of
the
local
government
unit
concerned,
to
arrest
the
absent
member
and
•
Change
of
quorum
by
sanggunian
-‐
where
a
statute
or
charter
prescribes
the
number
that
shall
present
him
at
the
session.
constitute
a
quorum,
it
cannot
be
changed
by
the
body.
(c)
If
there
is
still
no
quorum
despite
the
enforcement
of
the
immediately
preceding
subsection,
no
•
Power
of
court
to
determine
compliance
–
courts
are
called
upon
to
determine
whether
the
business
shall
be
transacted.
The
presiding
officer,
upon
proper
motion
duly
approved
by
the
sanggunian
complied
with
LGC
and
IRR.
members
present,
shall
then
declare
the
session
adjourned
for
lack
of
quorum.
•
Purpose
of
arrest
–
to
compel
absent
member
to
attendance
at
the
session,
not
for
criminal
•
Quorum
[defined]
–
that
numbers
of
a
body
which,
when
legally
assembled
in
their
proper
places,
prosecution.
will
enable
the
body
to
transact
its
proper
business
or
that
number
which
makes
a
lawful
body
and
gives
it
power
to
pass
upon
a
law
or
ordinance
or
do
any
valid
act.
2nd
Assignment
-‐
BOOK:
PAGES
140
-‐
149
Case:
ZAMORA
V.
CABALLERO
[419
SCRA
384
(2004)
Section
54.
Approval
of
Ordinances.
-‐
Facts:
Manuel
Zamora,
a
member
of
the
Sangguniang
Panlalawigan
of
Compostela
Valley,
filed
before
the
RTC
a
petition
to
invalidate
all
acts
executed
and
resolutions
issued
by
the
Sanggunian
during
its
sessions
held
on
February
8
and
26,
2001
for
lack
of
quorum.
Said
sessions
noted
the
resignation
letter
(a)
Every
ordinance
enacted
by
the
sangguniang
panlalawigan,
sangguniang
panlungsod,
or
of
Board
Member
Sotto,
declared
the
entire
province
under
a
state
of
calamity
and
approved
the
sangguniang
bayan
shall
be
presented
to
the
provincial
governor
or
city
or
municipal
mayor,
as
the
Governor
to
enter
into
the
contract
with
the
Allado
Company.
Zamora,
the
petitioner,
argued
that
the
case
may
be.
If
the
local
chief
executive
concerned
approves
the
same,
he
shall
affix
his
signature
on
Sanggunian,
during
its
February
26
session,
conducted
official
business
without
a
quorum
since
only
7
each
and
every
page
thereof;
otherwise,
he
shall
veto
it
and
return
the
same
with
his
objections
to
out
of
the
14
members
were
present.
He
further
questioned
the
February
8
session’s
validity
arguing
the
sanggunian,
which
may
proceed
to
reconsider
the
same.
The
sanggunian
concerned
may
that
only
7
members
were
present
and
the
failure
to
provide
written
notice
to
all
members
at
least
24
override
the
veto
of
the
local
chief
executive
by
two-‐thirds
(2/3)
vote
of
all
its
members,
thereby
hours
before
the
holding
of
the
special
session.
Respondents
argued
that
Board
Member
Sotto
was
in
making
the
ordinance
or
resolution
effective
for
all
legal
intents
and
purposes.
the
United
States
during
such
sessions
and
that
the
actual
number
of
Board
Members
in
the
country
(b)
The
veto
shall
be
communicated
by
the
local
chief
executive
concerned
to
the
sanggunian
within
was
only
13
which,
they
claimed,
should
be
the
basis
for
the
determination
of
a
quorum.
Such
petition
fifteen
(15)
days
in
the
case
of
a
province,
and
ten
(10)
days
in
the
case
of
a
city
or
a
municipality;
raised
by
Zamora
was
dismissed
by
the
RTC
but
reversed
and
granted
by
the
Supreme
Court.
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
1)
Whether
or
not
Section
53
(a)
of
the
LGC
provides
and
specifies
applicable
rule
regarding
the
members,
be
signed
by
the
punong
barangay.
determination
of
a
quorum.
• PROCEDURAL
ASPECT
–
Ordinances
are
enacted
similarly
as
national
laws
2)
Whether
or
not
Sanggunian
Members
who
are
abroad
should
not
be
included
in
the
counting
of
the
The
local
legislative
process
is
broken
down
to
five
(5)
states/
parts:
entire
Sangguniang
body.
1. Filing
of
Bills
/
sponsorship
–the
parts
of
a
bill
are:
Title
/
Preamble/
Whereas/
Principles,
Clause,
Text
/
Substance,
and
Date
of
Effectivity
3)
Whether
or
not
the
approved
decisions
during
the
sessions,
alleged
to
be
without
quorum,
is
2. First
Reading
–
Reading
of
title
and
number
of
bill
then
referral
to
the
appropriate
deemed
to
be
valid.
committee
3. Committee
Hearings
–
Deliberation,
approval
with
or
without
amendments,
substitution
or
consolidation,
and
preparation
of
committee
report
Held:
Section
53
(a)
of
the
LGC
states
that
:
“A
majority
of
all
members
of
the
Sanggunian
who
have
4. Second
Reading
–
Period
of
debate
(reading,
sponsorship,
interpellation),
period
of
been
elected
and
qualified
shall
constitute
a
quorum
to
transact
official
business.”
Quorum
is
defined
amendments
(committee
and
individual
amendments),
and
approval
as
the
“number
of
members
of
a
body
which,
when
legally
assembled,
will
enable
the
body
to
transact
5. Third
Reading
–
Distribution
in
printed
form,
and
approval/
roll
call/vote;
and
6.
The
its
proper
business
or
that
number
which
makes
a
lawful
body
and
gives
it
power
to
pass
upon
a
law
legislative
process
and
order
and
calendar
of
business
must
be
set
on
the
first
session
day
of
Public
Corporations
Law
AKD
Notes
-‐
FINALS
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1
Sem
2015-‐2016
Page
6
the
new
council
and
embodied
in
the
IRP.
However,
other
matters
may
be
taken
upon
the
Petitioner,
a
Municipal
Mayor,
with
two
other
public
officials,
was
charged
with
falsification
of
a
public
first
session
day
aside
from
adopting
the
IRP
of
the
sangguniang
(Malonzo
vs.
Zamora,
GR
document
regarding
the
appropriation
of
P8,500.00
for
the
terminal
leave
of
two
municipal
employees.
No.
137718,
27
July
1999)
The
complaint
alleged
that
the
same
was
not
taken
and
discussed
nor
passed
upon
by
the
Sangguniang
Bayan
(SB)
during
the
legislative
session.
Prior
to
his
arraignment,
he
filed
a
Motion
for
Reinvestigation
• APPROVAL
OF
ORDINANCES
–
every
ordinance
enacted
by
the
sangguniang
(except
barangay)
shall
claiming,
among
others,
that
the
Ombudsman
previously
dismissed
a
similar
complaint
against
him.
A
be
presented
to
the
LCE
concerned
for
approval
joint
affidavit
of
some
members
of
the
SB
attesting
to
the
actual
passage
and
approval
of
the
said
-‐
3
ways
by
which
an
enacted
ordinance
can
be
considered
an
approved
ordinance:
resolution
was
attached
to
the
motion.
The
Sandiganbayan
denied
the
motion
and
petitioner's
1. When
the
Mayor
or
Governor
affixed
his
signature
thereto
as
approved;
subsequent
motion
for
reconsideration
wherein
petitioner
claimed
that
the
final
step
in
the
approval
of
2. When
the
mayor
failed
to
act
within
the
reglementary
period
for
him
to
approve
the
same
an
ordinance
or
resolution
where
the
local
chief
executive
affixes
his
signature
is
purely
a
ministerial
and
the
period
for
him
to
approve
the
same
and
the
period
already
lapsed;
act,
was
likewise
denied.
3. When
the
Mayor
originally
voted
the
ordinance
and
the
sangguniang
already
override
the
veto
by
2/3
vote
of
all
its
members,
the
ordinance
is
considered
approved
as
if
he
signed
by
Petitioner
would
like
to
impress
upon
this
Court
that
the
final
step
in
the
approval
of
an
ordinance
or
him.
resolution,
where
the
local
chief
executive
affixes
his
signature,
is
purely
a
ministerial
act.
This
view
is
erroneous.
Article
109(b)
of
the
Local
Government
Code
outlines
the
veto
power
of
the
Local
Chief
• Ordinances
enacted
by
the
sangguniang
barangay
shall,
upon
approval
by
the
majority
of
all
its
Executive.
Contrary
to
petitioner's
belief,
the
grant
of
the
veto
power
confers
authority
beyond
the
member,
be
signed
by
the
punong
barangay.
simple
mechanical
act
of
signing
an
ordinance
or
resolution,
as
a
requisite
to
its
enforceability.
Such
–
the
requirement
on
the
part
of
the
Punong
Barangay
to
affix
his
signature
is
only
a
ministerial
one,
power
accords
the
local
chief
executive
the
discretion
to
sustain
a
resolution
or
ordinance
in
the
first
meaning
the
Punong
barangay
cannot
refuse
in
affixing
his
signature
once
the
majority
of
the
instance
or
to
veto
it
and
return
it
with
his
objections
to
the
Sanggunian,
which
may
proceed
to
members
of
the
sangguniang
barangay
has
already
approved
the
barangay
budget.
In
the
event
that
reconsider
the
same.
The
Sanggunian
concerned,
however,
may
override
the
veto
by
a
two-‐thirds
(2/3)
said
Punong
Barangay
refuses
to
affix
his
signature,
we
are
of
the
view
that
the
barangay
budget
as
vote
of
all
its
members
thereby
making
the
ordinance
or
resolution
effective
for
all
legal
intents
and
approved
by
the
Sangguniang
Barangay
may
already
be
forward
to
the
Sanguniang
Panlungsod
in
purposes.
It
is
clear,
therefore,
that
the
concurrence
of
a
local
chief
executive
in
the
enactment
of
an
accordance
with
Section
333
(a)
of
the
Local
Government
Code
of
1991
ordinance
or
resolution
requires,
not
only
a
flourish
of
the
pen,
but
the
application
of
judgment
after
meticulous
analysis
and
intelligence
as
well.
• Ultra
vires
[defined]
–
means
an
act
performed
without
any
authority
to
act
on
the
subject.
Section
55.
Veto
Power
of
the
Local
Chief
Executive.
-‐
CASE:
GARCIA
V.
COMELEC
(a)
The
local
chief
executive
may
veto
any
ordinance
of
the
sanggunian
panlalawigan,
sangguniang
DOCTRINE:
Ordinance
distinguished
from
resolution:
the
well
known
distinction
between
a
resolution
panlungsod,
or
sanggunian
bayan
on
the
ground
that
it
is
ultra
vires
or
prejudicial
to
the
public
and
an
ordinance
—
i.e.,
that
a
resolution
is
used
whenever
the
legislature
wishes
to
express
an
opinion
welfare,
stating
his
reasons
therefor
in
writing.
which
is
to
have
only
a
temporary
effect
while
an
ordinance
is
intended
to
permanently
direct
and
control
matters
applying
to
persons
or
things
in
general.
(b)
The
local
chief
executive,
except
the
punong
barangay,
shall
have
the
power
to
veto
any
particular
item
or
items
of
an
appropriations
ordinance,
an
ordinance
or
resolution
adopting
a
local
development
plan
and
public
investment
program,
or
an
ordinance
directing
the
payment
of
money
On
May
24,
1993,
petitioners
filed
a
petition
with
the
Sangguniang
Bayan
of
Morong
to
annul
or
creating
liability.
In
such
a
case,
the
veto
shall
not
affect
the
item
or
items
which
are
not
objected
Pambansang
Kapasyahan
Blg.
10,
Serye
1993
which
includes
the
MunicipalIty
of
Morong
as
part
of
the
to.
The
vetoed
item
or
items
shall
not
take
effect
unless
the
sanggunian
overrides
the
veto
in
the
Subic
Special
Economic
Zone
in
accord
with
the
RA
No.
7227.
The
municipality
did
not
take
any
action
manner
herein
provided;
otherwise,
the
item
or
items
in
the
appropriations
ordinance
of
the
on
the
petition
within
30
days
after
its
submission;
so,
they
resorted
to
their
power
of
initiative
under
previous
year
corresponding
to
those
vetoed,
if
any,
shall
be
deemed
reenacted.
the
Local
Government
Code
of
1991.
They
solicited
the
required
number
of
signatures
to
repeal
the
said
resolution.
However,
the
Vice
Mayor,
Hon.
Edilberto
de
Leon,
and
the
Presiding
Office
of
the
(c)
The
local
chief
executive
may
veto
an
ordinance
or
resolution
only
once.
The
sanggunian
may
Sangguniang
Bayan
ng
Morong
wrote
a
letter
dated
June
11,
1993
to
deny
the
petition
for
local
override
the
veto
of
the
local
chief
executive
concerned
by
two-‐thirds
(2/3)
vote
of
all
its
members,
initiative
and/or
referendum.
Comelec
denied
the
petition
for
local
initiative
because
its
subject
is
thereby
making
the
ordinance
effective
even
without
the
approval
of
the
local
chief
executive
“merely
a
resolution
and
not
an
ordinance.”
concerned.
HELD:
In
the
case
at
bench,
it
cannot
be
argued
that
the
subject
matter
of
the
resolution
of
the
• Veto
power
of
the
mayor
as
ordinance,
against
ordinary
ordinance-‐the
mayor
CANNOT
veto
any
municipality
of
Morong
merely
temporarily
affects
the
people
of
Morong
for
it
directs
a
permanent
rule
item
but
should
veto
the
ordinance
in
its
entirety
of
conduct
or
government.
The
inclusion
of
Morong
as
part
of
the
Subic
Special
Economic
Zone
has
far
o Item
Veto
is
allowed
only
on
3
occasions:
reaching
implications
in
the
governance
of
its
people.
Considering
the
lasting
changes
that
will
be
1.
Appropriations
ordinance
wrought
in
the
social,
political,
and
economic
existence
of
the
people
of
Morong
by
the
inclusion
of
2.
Resolution
approving
public
investment
program
their
municipality
in
the
Subic
Special
Economic
Zone,
it
is
but
logical
to
hear
their
voice
on
the
matter
3.
Resolution
approving
local
development
plan
via
an
initiative.
It
is
not
material
that
the
decision
of
the
municipality
of
Morong
for
the
inclusion
came
•
REASON
FOR
VETO
in
the
form
of
a
resolution
for
what
matters
is
its
enduring
effect
on
the
welfare
of
the
people
of
o Ordinance
is
ultra
vires
Morong.
o Ordinance
is
prejudicial
to
the
public
welfare
• Effect
of
Veto
–
Whenever
an
ordinance
is
vetoed,
it
does
not
become
effective,
and
2/3
vote
of
all
CASE
:DELOS
REYES
V.
SANDIGANBAYAN
[280
SCRA
631
(1997)]
Sangguniang
members
is
required
for
the
overriding
of
the
veto
by
the
local
chief
executive.
Doctrine:
Approval
of
ordinances
is
not
a
mere
ministerial
act.
Public
Corporations
Law
AKD
Notes
-‐
FINALS
st
Amb.
Tolentino
1
Sem
2015-‐2016
Page
7
Section
56.
Review
of
Component
City
and
Municipal
Ordinances
or
Resolutions
by
the
Sangguniang
any
municipal
resolution,
ordinance,
or
order
invalid
is
when
such
resolution,
ordinance,
or
order
is
Panlalawigan.
'beyond
the
powers
conferred
upon
the
council
or
president
making
the
same.'
Absolutely
no
other
ground
is
recognized
by
the
law.
The
provincial
(board's)
disapproval
of
any
resolution,
ordinance,
or
order
must
be
premised
specifically
upon
the
fact
that
such
resolution,
ordinance,
or
order
is
outside
(a)
Within
three
(3)
days
after
approval,
the
secretary
to
the
sanggunian
panlungsod
or
sangguniang
the
scope
of
the
legal
powers
conferred
by
law.
If
a
provincial
board
passes
these
limits,
it
usurps
the
bayan
shall
forward
to
the
sangguniang
panlalawigan
for
review,
copies
of
approved
ordinances
and
legislative
functions
of
the
municipal
council
or
president.
Such
has
been
the
consistent
course
of
the
resolutions
approving
the
local
development
plans
and
public
investment
programs
formulated
executive
authority."
Thus,
the
Sangguniang
Panlalawigan
was
without
the
authority
to
disapprove
by
the
local
development
councils.
Municipal
Resolution
No.
43-‐89
for
the
Municipality
of
Bunawan
clearly
has
the
power
to
exercise
the
(b)
Within
thirty
(30)
days
after
the
receipt
of
copies
of
such
ordinances
and
resolutions,
the
right
of
eminent
domain
and
its
Sangguniang
Bayan
the
capacity
to
promulgate
said
resolution.
sangguniang
panlalawigan
shall
examine
the
documents
or
transmit
them
to
the
provincial
attorney,
Perforce,
it
follows
that
Resolution
No.
43-‐89
is
valid
and
binding
and
could
be
used
as
lawful
authority
or
if
there
be
none,
to
the
provincial
prosecutor
for
prompt
examination.
The
provincial
attorney
or
to
petition
for
the
condemnation
of
petitioners'
property.
provincial
prosecutor
shall,
within
a
period
of
ten
(10)
days
from
receipt
of
the
documents,
inform
the
sangguniang
panlalawigan
in
writing
of
his
comments
or
recommendations,
which
may
be
CASE:
MUN.
COUNCIL
OF
LEMERY
V.
PROV.
BOARD
OF
BATANGAS
[56
PHIL
260]
considered
by
the
sangguniang
panlalawigan
in
making
its
decision.
DOCTRINE:
The
power
exercised
by
the
provincial
board
in
approving
or
disapproving
a
municipal
resolution
or
ordinance
is
in
the
nature
of
a
quasi-‐judicial
function.
(c)
If
the
sangguniang
panlalawigan
finds
that
such
an
ordinance
or
resolution
is
beyond
the
power
conferred
upon
the
sangguniang
panlungsod
or
sangguniang
bayan
concerned,
it
shall
declare
such
Facts:
Action
against
the
provincial
board
of
Batangas,
Vicente
Noble
and
Modesto
Castillo,
was
ordinance
or
resolution
invalid
in
whole
or
in
part.
The
sangguniang
panlalawigan
shall
enter
its
instituted
by
means
of
a
petition
filed
by
the
municipal
council
of
Lemery,
Batangas
assailing
action
in
the
minutes
and
shall
advise
the
corresponding
city
or
municipal
authorities
of
the
action
it
Resolution
No.
18
of
the
Municipal
Council
of
Lemery,
abolishing
the
position
of
janitor
in
the
has
taken.
office
of
the
justice
of
the
peace
of
that
municipality,
for
reasons
of
economy,
and
designating
the
(d)
If
no
action
has
been
taken
by
the
sangguniang
panlalawigan
within
thirty
(30)
days
after
messenger
in
the
offices
of
the
municipal
president
and
the
municipal
secretary
to
assume
the
duties
submission
of
such
an
ordinance
or
resolution,
the
same
shall
be
presumed
consistent
with
law
and
thereof.
therefore
valid.
HELD:
(1)
That
the
power
exercised
by
the
provincial
board
in
approving
or
disapproving
a
municipal
•
Inapplicable
to
independent
component
cities
–
only
applicable
to
component
cities
and
resolution
or
ordinance
is
in
the
nature
of
a
quasi-‐judicial
function;
municipalities
(2)
that
in
disapproving
resolution
No.
18,
series
of
1931,
of
the
municipal
council
of
Lemery,
which
consolidated
the
position
of
janitor
for
the
office
of
the
municipal
president,
of
the
municipal
secretary,
CASE
:MODAY
V.
CA
268
SCRA
586
and
of
the
justice
of
the
peace
court,
this
action
being
within
the
legislative
powers
of
said
municipal
DOCTRINE:
Only
1
ground
for
declaring
and
ordinance
or
resolution
invalid
–
when
it
is
beyond
the
council,
the
provincial
board
of
Batangas
exceeded
its
quasi-‐judicial
powers.
powers
conferred
upon
the
sangguiang
panlungosd
or
Sangguniang
bayan
to
enact.
Absolutely
no
other
ground
is
recognized
by
law
(
Section
57.
Review
of
Barangay
Ordinances
by
the
Sangguniang
Panlungsod
or
Sangguniang
Bayan.
-‐
Facts:
Sangguniang
Bayan
of
Bumawan
in
Agusan
del
Sur
passed
Resolution
No.
43-‐89
authorizing
the
Municipal
Mayor
to
initiate
the
expropriation
of
a
one
(1)
hectare
portion
owned
by
Percival
Moday
for
(a)
Within
ten
(10)
days
after
its
enactment,
the
sangguniang
barangay
shall
furnish
copies
of
all
the
site
of
the
Bunawan
Farmers
Center
and
other
Government
Sports
Facilities.
Said
Resolution
was
barangay
ordinances
to
the
sangguniang
panlungsod
or
sangguniang
bayan
concerned
for
review
as
approved
by
then
Municipal
Mayor
Anuncio
Bustillo
and
transmitted
to
the
Sangguniang
Panlalawigan.
to
whether
the
ordinance
is
consistent
with
law
and
city
or
municipal
ordinances.
The
Sangguniang
Panlalawigan
however
disapproved
the
resolution
on
the
ground
that
the
(b)
If
the
sangguniang
panlungsod
or
sangguniang
bayan,
as
the
case
may
be,
fails
to
take
action
on
“expropriation
was
unnecessary
considering
that
there
are
still
available
lots
in
Bunawan
for
the
barangay
ordinances
within
thirty
(30)
days
from
receipt
thereof,
the
same
shall
be
deemed
establishment
of
government
center.”
Undaunted,
the
Municipality
of
Bunawan
nevertheless
filed
a
approved.
petition
for
Eminent
Domain
against
Moday.
After
depositing
the
necessary
amount
with
the
municipal
treasurer,
the
Municipality
filed
a
Motion
to
Take
or
Enter
Upon
the
Possession
of
the
Subject
Matter.
(c)
If
the
sangguniang
panlungsod
or
sangguniang
bayan,
as
the
case
may
be,
finds
the
barangay
Despite
Moday’s
opposition
and
after
the
hearing
of
the
merits,
the
RTC
ruled
in
favor
of
the
ordinances
inconsistent
with
law
or
city
or
municipal
ordinances,
the
sanggunian
concerned
shall,
Municipality,
saying
that
among
others,
that
since
the
Sangguniang
Panlalawigan
failed
to
declare
the
within
thirty
(30)
days
from
receipt
thereof,
return
the
same
with
its
comments
and
Municipality’s
resolution
as
invalid,
the
same
should
be
deemed
effective.
An
appeal
to
the
CA
also
recommendations
to
the
sangguniang
barangay
concerned
for
adjustment,
amendment,
or
proved
fruitless.
In
the
meantime,
the
Municipality
created
3
buildings
on
the
subject
property.
Upon
modification;
in
which
case,
the
effectivity
of
the
barangay
ordinance
is
suspended
until
such
time
as
petition
by
Moday,
the
SC
issued
a
TRO
to
prevent
the
Municipality
from
using
the
buildings
it
already
the
revision
called
for
is
effected.
constructed
as
well
as
constructing
future
buildings.
Moday,
in
his
petition
to
the
SC,
also
adds
that
since
the
Sangguniang
Panlalawigan
disapproved
the
resolution,
the
same
is
void
and
thus
the
•
Effect
of
inconsistency
of
barangay
ordinances
-‐
do
not
ipso
facto
invalidate
or
suspend
the
Municipality
could
not
insist
in
pushing
through
with
the
expropriation.
former’s
operation
•
Judicial
review
of
Sangguniang
Panglungsod
or
Bayan’s
actions
-‐
That
the
power
exercised
by
HELD:
The
law,
as
expressed
in
Section
153
of
B.P.
BLG.
337,
grants
the
Sangguniang
Panlalawigan
the
the
provincial
board
in
approving
or
disapproving
a
municipal
resolution
or
ordinance
is
in
the
power
to
declare
a
municipal
resolution
invalid
on
the
sole
ground
that
it
is
beyond
the
power
of
the
nature
of
a
quasi-‐judicial
function;
Sangguniang
Bayan
or
the
Mayor
to
issue.
"The
only
ground
upon
which
a
provincial
board
may
declare
Public
Corporations
Law
AKD
Notes
-‐
FINALS
st
Amb.
Tolentino
1
Sem
2015-‐2016
Page
8
Section
58.
Enforcement
of
Disapproved
Ordinances
or
Resolutions.
-‐
Any
attempt
to
enforce
any
(f)
Unauthorized
absence
for
fifteen
(15)
consecutive
working
days,
except
in
the
case
of
members
of
ordinance
or
any
resolution
approving
the
local
development
plan
and
public
investment
program,
the
sangguniang
panlalawigan,
sangguniang
panlungsod,
sangguniang
bayan,
and
sangguniang
after
the
disapproval
thereof,
shall
be
sufficient
ground
for
the
suspension
or
dismissal
of
the
official
or
barangay;
employee
concerned.
(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.
•
Ground
for
administrative
case
–
provides
for
another
ground
for
dismissal
or
suspension
of
public
officer/employees
in
LGU
An
elective
local
official
may
be
removed
from
office
on
the
grounds
enumerated
above
by
order
of
the
proper
court.
Section
59.
Effectivity
of
Ordinances
or
Resolutions.
-‐
• Disloyalty
to
the
Rep
of
Phils
/
Culpable
violation
of
the
Constitution
[defined]
–
(a)
Unless
otherwise
stated
in
the
ordinance
or
the
resolution
approving
the
local
development
plan
o Ejusdem
generis
–
of
same
class,
kind
or
nature
which,
with
peculiar
proprietary,
would
cause
and
public
investment
program,
the
same
shall
take
effect
after
ten
(10)
days
from
the
date
a
copy
harm
to
social
structure.
thereof
is
posted
in
a
bulletin
board
at
the
entrance
of
the
provincial
capitol
or
city,
municipal,
or
o Disloyalty
to
RP
–
same
level
or
quality
with
treason,
bribery
barangay
hall,
as
the
case
may
be,
and
in
at
least
two
(2)
other
conspicuous
places
in
the
local
o Culpable
violation
of
consti
–
offenses
tha
proceed
from
abuse
or
violation
of
some
public
trust
government
unit
concerned.
or
is
injurious
to
society
(b)
The
secretary
to
the
sanggunian
concerned
shall
cause
the
posting
of
an
ordinance
or
resolution
•
Moral
Turpitude
[defined]
-‐
an
act
of
baseness,
vileness,
or
depravity
in
the
private
duties
which
a
in
the
bulletin
board
at
the
entrance
of
the
provincial
capitol
and
the
city,
municipal,
or
barangay
hall
man
owes
his
fellow
men,
or
to
society
in
general,
contrary
to
the
accepted
and
customary
rule
of
in
at
least
two
(2)
conspicuous
places
in
the
local
government
unit
concerned
not
later
than
five
(5)
right
and
duty
between
man
and
woman
or
conduct
contrary
to
justice,
honesty,
modesty,
or
good
days
after
approval
thereof.
morals.
The
text
of
the
ordinance
or
resolution
shall
be
disseminated
and
posted
in
Filipino
or
English
and
in
CASE:
DELA
TORRE
V.
COMELEC
[258
SCRA
483]
[1996]
the
language
understood
by
the
majority
of
the
people
in
the
local
government
unit
concerned,
and
Petitioner
Rolando
P.
Dela
Torre
via
the
instant
petition
for
certiorari
seeks
the
nullification
of
two
the
secretary
to
the
sanggunian
shall
record
such
fact
in
a
book
kept
for
the
purpose,
stating
the
resolutions
issued
by
the
Commission
on
Elections
where
he
was
disqualified
for
reason
of
being
dates
of
approval
and
posting.
convicted
of
anti-‐fencing
law.
(c)
The
gist
of
all
ordinances
with
penal
sanctions
shall
be
published
in
a
newspaper
of
general
circulation
within
the
province
where
the
local
legislative
body
concerned
belongs.
In
the
absence
of
Moral
turpitude
is
deducible
from
the
third
element.
Actual
knowledge
by
the
"fence"
of
the
fact
that
any
newspaper
of
general
circulation
within
the
province,
posting
of
such
ordinances
shall
be
made
property
received
is
stolen
displays
the
same
degree
of
malicious
deprivation
of
one's
rightful
in
all
municipalities
and
cities
of
the
province
where
the
sanggunian
of
origin
is
situated.
property
as
that
which
animated
the
robbery
or
theft,
which,
by
their
very
nature,
are
crimes
of
moral
turpitude.
And
although
the
participation
of
each
felon
in
the
unlawful
taking
differs
in
point
in
time
(d)
In
the
case
of
highly
urbanized
and
independent
component
cities,
the
main
features
of
the
and
in
degree,
both
the
"fence"
and
the
actual
perpetrator/s
of
the
robbery
or
theft
invaded
one's
ordinance
or
resolution
duly
enacted
or
adopted
shall,
in
addition
to
being
posted,
be
published
once
peaceful
dominion
for
gain
—
thus
deliberately
reneging
in
the
process
"private
duties"
they
owe
in
a
local
newspaper
of
general
circulation
within
the
city:
Provided,
That
in
the
absence
thereof
the
their
"fellowmen"
or
"society"
in
the
manner
"contrary
to
.
.
.
accepted
and
customary
rule
of
right
and
ordinance
or
resolution
shall
be
published
in
any
newspaper
of
general
circulation
duty
.
.
.,justice,
honesty
.
.
.
or
good
morals."
The
same
underlying
reason
holds
even
if
the
"fence"
did
not
have
actual
knowledge,
but
merely
"should
have
known"
the
origin
of
the
property
received.
In
this
regard,
the
Court
held:
"When
knowledge
of
the
existence
of
a
particular
fact
is
an
element
of
the
•
Provision
on
publication
and
notice
are
MANDATORY
–
failure
to
publish
or
give
notice
or
to
do
offense,
such
knowledge
is
established
if
a
person
is
aware
of
the
high
probability
of
its
existence
so
substantially
in
the
manner
prescribed
renders
them
void
unless
he
actually
believes
that
it
does
not
exist.
On
the
other
hand,
the
words
'should
know'
denote
o
Substantial
Compliance
–
time,
place
and
manner
of
publication
or
notices
of
ordinances
must
the
fact
that
a
person
of
reasonable
prudence
and
intelligence
would
ascertain
the
fact
in
the
be
in
substantial
compliance
with
the
governing
provisions.
performance
of
his
duty
to
another
or
would
govern
his
conduct
upon
assumption
that
such
fact
3RD
ASSIGNMENT
BOOK:
Pages
149-‐154
exists."
CHAPTER
IV:
DISCIPLINARY
ACTION
•
Effect
of
re-‐election
of
local
elective
official
–
re-‐election
to
office
operates
as
a
condonation
of
the
Section
60.
Grounds
for
Disciplinary
Actions.
-‐
An
elective
local
official
may
be
disciplined,
suspended,
or
officer's
previous
misconduct
to
the
extent
of
cutting
off
the
right
to
remove
him
therefor
removed
from
office
on
any
of
the
following
grounds:
(a)
Disloyalty
to
the
Republic
of
the
Philippines;
CASE:
AGUINALDO
V.
SANTOS
[212
SCRA
768]
(1992)
(b)
Culpable
violation
of
the
Constitution;
DOCTRINE
:
The
rule
is
that
a
public
official
cannot
be
removed
for
administrative
misconduct
(c)
Dishonesty,
oppression,
misconduct
in
office,
gross
negligence,
or
dereliction
of
duty;
committed
during
a
prior
term,
since
his
re-‐election
to
office
operates
as
a
condonation
of
the
officer's
(d)
Commission
of
any
offense
involving
moral
turpitude
or
an
offense
punishable
by
at
least
prision
previous
misconduct
to
the
extent
of
cutting
off
the
right
to
remove
him
therefor.
The
foregoing
rule,
mayor;
however,
finds
no
application
to
criminal
cases
pending
against
petitioner
for
acts
he
may
have
(e)
Abuse
of
authority;
committed
during
the
failed
coup.
Public
Corporations
Law
AKD
Notes
-‐
FINALS
st
Amb.
Tolentino
1
Sem
2015-‐2016
Page
9
Facts:
Petitioner
was
the
duly
elected
Governor
of
the
province
of
Cagayan,
having
been
elected
to
said
paragraph
of
Section
60
of
the
Local
Government
Code
of
1991.
The
Supreme
Court
denied
the
petition
position
during
the
local
elections
held
on
January
17,
1988,
to
serve
a
term
of
four
(4)
years
for
review.
therefrom.
He
took
his
oath
sometime
around
March
1988.
Shortly
after
the
December
1989
coup
d'etat
was
crushed,
respondent
Secretary
of
Local
Government
sent
a
telegram
and
a
letter,
both
Section
61.
Form
and
Filing
of
Administrative
Complaints.
-‐
A
verified
complaint
against
any
erring
local
dated
December
4,
1989,
to
petitioner
requiring
him
to
show
cause
why
he
should
not
be
suspended
or
elective
official
shall
be
prepared
as
follows:
removed
from
office
for
disloyalty
to
the
Republic,
within
forty-‐eight
(48)
hours
from
receipt
thereof.
On
December
7,
1989,
a
sworn
complaint
for
disloyalty
to
the
Republic
and
culpable
violation
(a)
A
complaint
against
any
elective
official
of
a
province,
a
highly
urbanized
city,
an
independent
of
the
Constitution
was
filed
against
petitioner
for
acts
committed
during
the
coup.
While
this
case
was
component
city
or
component
city
shall
be
filed
before
the
Office
of
the
President;
pending
before
this
Court,
petitioner
filed
his
certificate
of
candidacy
for
the
position
of
Governor
of
Cagayan
for
the
May
11,
1992
elections
and
thereafter
was
proclaimed
Governor.
(b)
A
complaint
against
any
elective
official
of
a
municipality
shall
be
filed
before
the
sangguniang
panlalawigan
whose
decision
may
be
appealed
to
the
Office
of
the
President;
and
HELD:
Equally
without
merit
is
petitioner's
claim
that
before
he
could
be
suspended
or
removed
from
(c)
A
complaint
against
any
elective
barangay
official
shall
be
filed
before
the
sangguniang
panlungsod
office,
proof
beyond
reasonable
doubt
is
required
inasmuch
as
he
is
charged
with
a
penal
offense
of
or
sangguniang
bayan
concerned
whose
decision
shall
be
final
and
executory.
disloyalty
to
the
Republic
which
is
defined
and
penalized
under
Article
137
of
the
Revised
Penal
Code.
Petitioner
is
not
being
prosecuted
criminally
under
the
provisions
of
the
Revised
Penal
Code,
but
•
Quantum
of
proof
-‐
in
administrative
cases,
it
is
only
substantial
evidence,
not
PBRD.
administratively
with
the
end
in
view
of
removing
petitioner
as
the
duly
elected
Governor
of
Cagayan
Province
for
acts
of
disloyalty
to
the
Republic
where
the
quantum
of
proof
required
is
only
substantial
•
Verification
requirement
–
formal,
not
jurisdictional
requisite,
intended
to
secure
an
assurance
that
evidence.
The
petition
is
hereby
GRANTED
and
the
decision
of
public
respondent
Secretary
of
Local
the
allegations
therein
made
are
done
in
good
faith
or
are
true
and
correct
and
not
mere
speculation.
Government
dated
March
19,
1990
dismissing
petitioner
as
Governor
of
Cagayan,
is
hereby
REVERSED.
Section
62.
Notice
of
hearing.
-‐
•
Proper
courts
[defined]
-‐
(a)
Within
seven
(7)
days
after
the
administrative
complaint
is
filed,
the
Office
of
the
President
or
the
CASE:
PABLICO
V.
VILLAPANDO
385
SCRA
601
(2002)
sanggunian
concerned,
as
the
case
may
be,
shall
require
the
respondent
to
submit
his
verified
answer
DOCTRINE
:
It
is
beyond
cavil,
therefore,
that
the
power
to
remove
erring
elective
local
officials
from
within
fifteen
(15)
days
from
receipt
thereof,
and
commence
the
investigation
of
the
case
within
ten
service
is
lodged,
exclusively
with
the
courts.
The
law
on
suspension
or
removal
of
elective
public
(10)
days
after
receipt
of
such
answer
of
the
respondent.
officials
must
be
strictly
construed
and
applied,
and
the
authority
in
whom
such
power
of
suspension
(b)
When
the
respondent
is
an
elective
official
of
a
province
or
highly
urbanized
city,
such
hearing
and
or
removal
is
vested
must
exercise
it
with
utmost
good
faith,
for
what
is
involved
is
not
just
an
ordinary
investigation
shall
be
conducted
in
the
place
where
he
renders
or
holds
office.
For
all
other
local
elective
public
official
but
one
chosen
by
the
people
through
the
exercise
of
their
constitutional
right
of
officials,
the
venue
shall
be
the
place
where
the
sanggunian
concerned
is
located.
suffrage.
Their
will
must
not
be
put
to
naught
by
the
caprice
or
partisanship
of
the
disciplining
authority.
Where
the
disciplining
authority
is
given
only
the
power
to
suspend
and
not
the
power
to
(c)
However,
no
investigation
shall
be
held
within
ninety
(90)
days
immediately
prior
to
any
local
remove,
it
should
not
be
permitted
to
manipulate
the
law
by
usurping
the
power
to
remove.
election,
and
no
preventive
suspension
shall
be
imposed
within
the
said
period.
If
preventive
suspension
has
been
imposed
prior
to
the
90-‐day
period
immediately
preceding
local
election,
it
shall
be
deemed
automatically
lifted
upon
the
start
of
aforesaid
period.
FACTS:
An
administrative
complaint
was
filed
with
the
Sangguniang
Panlalawigan
of
Palawan
against
respondent,
then
Mayor
of
San
Vicente,
Palawan,
for
abuse
of
authority
and
culpable
violation
of
the
Section
63.
Preventive
Suspension.
-‐
Constitution
for
entering
into
a
consultancy
agreement,
on
behalf
of
the
municipality,
with
a
defeated
mayoralty
candidate
in
the
May
1988
elections,
which
consultancy
agreement
allegedly
amounted
to
an
(a)
Preventive
suspension
may
be
imposed:
appointment
to
a
government
position
within
the
prohibited
one-‐year
period
under
Article
IX-‐B,
(1)
By
the
President,
if
the
respondent
is
an
elective
official
of
a
province,
a
highly
urbanized
or
an
Section
6,
of
the
1987
Constitution.
The
Sangguniang
Panlalawigan
of
Palawan
found
respondent
guilty
independent
component
city;
of
the
administrative
charge
and
imposed
on
him
the
penalty
of
dismissal
from
the
service,
which
(2)
By
the
governor,
if
the
respondent
is
an
elective
official
of
a
component
city
or
municipality;
or
decision
was
affirmed
by
the
Office
of
the
President.
Consequently,
petitioner,
then
Vicemayor
of
San
(3)
By
the
mayor,
if
the
respondent
is
an
elective
official
of
the
barangay.
Vicente,
Palawan,
took
his
oath
of
office
as
Municipal
Mayor.
In
a
petition
forcertiorari
and
prohibition
(b)
Preventive
suspension
may
be
imposed
at
any
time
after
the
issues
are
joined,
when
the
evidence
of
filed
by
respondent,
the
Court
of
Appeals
declared
void
the
assailed
decisions
of
the
Office
of
the
guilt
is
strong,
and
given
the
gravity
of
the
offense,
there
is
great
probability
that
the
continuance
in
President
and
the
Sangguniang
Panlalawigan
of
Palawan,
and
ordered
petitioner
to
vacate
the
Office
of
office
of
the
respondent
could
influence
the
witnesses
or
pose
a
threat
to
the
safety
and
integrity
of
the
Mayor
of
San
Vicente
Palawan.
Hence,
this
petition
for
review.
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
HELD:
The
last
paragraph
of
Section
60
of
the
Local
Government
Code
of
1991
provides
that
the
cases
are
filed
against
an
elective
official,
he
cannot
be
preventively
suspended
for
more
than
ninety
penalty
of
dismissal
from
the
service
upon
an
erring
elective
local
official
may
be
decreed
only
by
a
(90)
days
within
a
single
year
on
the
same
ground
or
grounds
existing
and
known
at
the
time
of
the
court
of
law.
The
Supreme
Court
held
in
one
case
that
the
Office
of
the
President
is
without
any
power
first
suspension.
to
remove
elected
officials,
since
such
power
is
exclusively
vested
in
the
proper
courts
as
expressly
provided
for
in
the
aforementioned
Section.
Hence,
Article
124
(b),
Rule
XIX,
of
the
Rules
and
(c)
Upon
expiration
of
the
preventive
suspension,
the
suspended
elective
official
shall
be
deemed
Regulations
Implementing
the
Local
Government
Code,
insofar
as
it
vests
power
on
the
"disciplining
reinstated
in
office
without
prejudice
to
the
continuation
of
the
proceedings
against
him,
which
shall
be
authority"
to
remove
from
office
erring
elective
local
officials,
is
void
for
being
repugnant
to
the
last
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
proceedings
of
the
case
is
due
to
his
fault,
neglect,
or
request,
Public
Corporations
Law
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other
than
the
appeal
duly
filed,
the
duration
of
such
delay
shall
not
be
counted
in
computing
the
time
The
preventive
suspension
shall
continue
until
the
case
is
terminated
by
the
Office
of
the
Ombudsman
of
termination
of
the
case.
but
not
more
than
six
months,
without
pay,
except
when
the
delay
in
the
disposition
of
the
case
by
the
Office
of
the
Ombudsman
is
due
to
the
fault,
negligence
or
petition
of
the
respondent,
in
which
case
(d)
Any
abuse
of
the
exercise
of
the
power
of
preventive
suspension
shall
be
penalized
as
abuse
of
the
period
of
such
delay
shall
not
be
counted
in
computing
the
period
of
suspension
herein
provided
authority.
•
Purpose
of
Preventive
suspension
[pending
investigation]
–
is
to
prevent
the
officer
or
employee
FACTS:
Petitioner,
in
his
capacity
as
Cebu
City
mayor,
signed
a
contract
with
F.E.
Zuellig
for
the
supply
from
using
his
position
and
the
power
and
prerogatives
of
his
office
to
intimidate
or
in
any
way
of
asphalt
to
the
city.
Based
on
a
news
report
of
an
alleged
anomalous
purchase
of
asphalt
through
the
influence
potential
witnesses
or
to
destroy
or
tamper
with
records
which
may
be
vital
in
the
contract
signed
by
the
petitioner,
the
Office
of
the
Ombudsman
(Visayas)
conducted
an
inquiry.
After
an
prosecution
of
the
case
against
him.
investigation,
the
special
prosecution
officer
to
the
Office
of
the
Ombudsman
recommended
that
the
inquiry
be
upgraded
to
criminal
and
administrative
cases
against
petitioner
and
the
other
city
officials
•
Simultaneous
service
of
preventive
suspension
–
local
elective
officials
can
be
given
the
benefit
of
involved.
The
graft-‐investigating
officer,
to
whom
the
case
was
raffled
for
investigation,
recommended
simultaneous
service
of
suspension
orders
insofar
as
they
overlap.
the
preventive
suspension
of
petitioner
and
the
others.
The
affidavit-‐complaint
against
petitioner
was
filed.
The
Office
of
the
Ombudsman
issued
the
questioned
preventive
suspension
order.
Petitioner
CASE:
GANZON
V.
CA
assailed
the
validity
of
the
said
order
before
the
Supreme
Court:
CITaSA
DOCTRINE:
Petitioner
raises
the
issue
of
whether
he
could
or
should
be
allowed
to
serve
the
third
and
the
fourth
orders
"simultaneously".
It
will
be
recalled
that,
in
the
main
decisions,
noting
that
HELD:
The
Office
of
the
Ombudsman
has
the
power
to
preventively
suspend
an
official
subject
to
its
successive
suspensions
have
been
inflicted
on
Mayor
Ganzon,
we
stated
that
what
"is
intriguing
is
that
administrative
investigation
as
provided
by
specific
provision
of
law.
The
power
to
preventively
respondent
Secretary
has
been
cracking
down,
so
to
speak,
on
the
Mayor
piecemeal
—
apparently,
to
suspend
is
available
not
only
to
the
Ombudsman
but
also
to
the
Deputy
Ombudsman.
The
pin
him
down
ten
times
the
pain,
when
he,
the
respondent
Secretary
could
have
pursued
a
determination
of
whether
or
not
the
evidence
of
guilt
is
strong
as
to
warrant
preventive
suspension
consolidated
effort."
Surely,
allowing
petitioner
to
serve
simultaneously
the
overlapping
third
and
rests
with
the
Ombudsman.
The
discretion
as
regards
the
period
of
such
suspension
also
necessarily
fourth
suspensions
will
favor
him,
(and
presumably
the
local
constituency)
and
certainly
lessen
if
not
belongs
to
the
Ombudsman,
except
that
he
cannot
extend
the
period
of
suspension
beyond
that
offset
the
harsh
effects
of
whatever
motive
may
be
behind
the
intriguing
action
of
the
respondent
provided
by
law.
The
petition
was
denied
insofar
as
it
seeks
to
declare
that
respondents
committed
Secretary
in
issuing
those
successive
suspension
orders.
grave
abuse
of
discretion
in
conducting
an
inquiry
on
complaints
against
petitioner,
and
ordering
their
investigation
pursuant
to
respondent's
mandate
under
the
Constitution
and
the
Ombudsman
Law.
But
FACTS:
Rodolfo
Ganzon
was
the
then
mayor
of
Iloilo
City.
10
complaints
were
filed
against
him
on
the
petition
was
granted
insofar
as
it
seeks
to
declare
that
respondents
committed
grave
abuse
of
various
charges,
among
them,
abuse
of
authority,
oppression,
grave
misconduct,
disgraceful
and
discretion
concerning
the
period
of
preventive
suspension
imposed
on
petitioner.
Accordingly,
the
immoral
conduct,
intimidation,
culpable
violation
of
the
Constitution,
and
arbitrary
detention.
The
Court
lifted
petitioner's
preventive
suspension.
Secretary
of
Local
Government
issued
several
suspension
orders
against
Ganzon
based
on
the
merits
of
the
complaints
filed
against
him
hence
Ganzo
was
facing
about
600
days
of
suspension.
Ganzon
•
PREVENTIVE
SUSPENSION
IMPOSED
BY
COURTS
UNDER
SEC.
13
RA
3019
obtained
a
preliminary
injunction
vs
the
Secretary.
Ganzon
then
appealed
the
issue
to
the
CA
and
the
CASE:
BOLASTIG
V.
SANDIGANBAYAN
CA
affirmed
the
suspension
order
by
the
Secretary.
SC
issued
a
TRO
v
the
Secretary
and
the
CA.
DOCTRINE: It
is
indeed
true
that
in
some
of
our
decisions
the
expression
"the
maximum
period
of
ninety
(90)
days"
is
used.
But
that
is
only
for
the
purpose
of
emphasizing
that
the
preventive
• HELD:
Under
the
main
decision
of
this
Court,
dated
5
August
1991,
the
second
preventive
suspension
suspension
therein
involved,
which
were
for
more
than
ninety
(90)
days,
were
excessive
and
has
been
affirmed;
under
the
present
resolution,
said
second
preventive
suspension
has
been
served.
unreasonable.
It
is
to
be
noted
that
the
ninety-‐day
period
of
preventive
suspension
is
not
found
in
Sec.
As
to
the
petition
(docketed
CA-‐G.R.
SP
No.
25840)
filed
with
the
Court
of
Appeals,
which
involves
the
13
of
Republic
Act
No.
3019
but
was
adopted
from
Sec.
42
of
the
Civil
Service
Decree
(P.D.
NO.
807),
question
of
the
validity
of
the
fourth
order,
and
which
has
clearly
been
served,
petitioner
admitted
which
is
now
Sec.
52
of
the
Administrative
Code
of
1987.
.
.
.
The
duration
of
preventive
suspension
is
that
he
filed
it,
on
the
belief
that
it
was
the
proper
remedy
for
his
reinstatement
to
office;
thinking
that
thus
coeval
with
the
period
prescribed
for
deciding
administrative
disciplinary
cases.
If
the
case
is
his
suspensions
have
been
served
and
ended.
As
we
have
ruled
that
petitioner
has
served
the
decided
before
ninety
days,
then
the
suspension
will
last
less
than
ninety
days,
but
if
the
case
is
not
suspension
orders
decreed
in
the
main
decision
and
in
the
light
of
the
finding
of
this
Court
that
the
decided
within
ninety
days,
then
the
preventive
suspension
must
be
up
to
ninety
days
only.
Similarly,
fourth
preventive
suspension
order
has
been
served,
the
issues
raised
in
CA-‐G.R.
SP
No.
25840,
have
as
applied
to
criminal
prosecutions
under
Republic
Act
No.
3019,
preventive
suspension
will
last
for
also
become
moot
and
academic,
warranting
dismissal
thereof.
less
than
ninety
days
only
if
the
case
is
decided
within
that
period;
otherwise,
it
will
continue
for
ninety
days.
The
duration
of
preventive
suspension
will,
therefore,
vary
to
the
extent
that
it
is
•
POWER
OF
OMBUDSMAN
TO
ORDER
PREVENTIVE
SUSPENSION:
contingent
on
the
time
it
takes
the
court
to
decide
the
case
but
not
on
account
of
any
discretion
lodged
in
the
court,
taking
into
account
the
probability
that
the
accused
may
use
his
office
to
hamper
his
CASE:
GARCIA
V.
MOJICA
prosecution
DOCTRINE:
The
Ombudsman
or
his
Deputy
may
preventively
suspend
any
officer
or
employee
under
his
authority
pending
an
investigation,
if
in
his
judgment
the
evidence
of
guilt
is
strong,
and
FACTS:
Petitioner
Antonio
M.
Bolastig
is
governor
of
Samar.
On
August
31,
1989,
an
information
was
(a)
the
charge
against
such
officer
or
employee
involves
dishonesty,
oppression
or
grave
misconduct
or
filed
against
him
and
two
others
for
alleged
overpricing
of
100
reams
of
onion
skin
paper
in
violation
neglect
in
the
performance
of
duty;
of
the
Anti-‐Graft
and
Corrupt
Practices
Act
(Republic
Act
No.
3019).
The
Sandiganbayan
rejected
(b)
the
charges
would
warrant
removal
from
the
service;
or
petitioner's
argument
and
ordered
the
suspension
of
petitioner
from
office
for
a
period
of
90
days.
It
(c)
the
respondent's
continued
stay
in
office
may
prejudice
the
case
filed
against
him.
held
that
preventive,
suspension
is
mandatory
under
sec.
13,
of
Rep.
Act
No.
3019,
pursuant
to
which
all
that
is
required
is
for
the
court
to
make
a
finding
that
the
accused
stands
charged
under
a
valid
Public
Corporations
Law
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information
"for
any
of
the
above-‐described
crimes
for
the
purpose
of
granting
or
denying
the
sought
finished,
the
employee
shall
be
automatically
reinstated.
However,
although
employees
who
are
for
suspension.
preventively
suspended
pending
investigation
are
not
entitled
to
the
payment
of
their
salaries
even
if
they
are
exonerated,
the
Court
did
not
agree
with
the
petitioner
that
they
are
not
entitled
to
compensation
for
the
period
of
their
suspension
pending
appeal
if
eventually
found
innocent.
Because
HELD:
Upon
the
filing
of
a
valid
information
charging
violation
of
Republic
Act
No.
3019,
Book
II,
Title
respondent
is
penalized
before
his
sentence
is
confirmed
that
he
should
be
paid
his
salaries
in
the
7
of
the
Revised
Penal
Code,
or
fraud
upon
government
or
public
property,
it
is
the
duty
of
the
court
to
event
he
is
exonerated.
It
would
be
unjust
to
deprive
him
of
his
pay
as
a
result
of
the
immediate
place
the
accused
under
preventive
suspension
disposes
of
petitioner's
other
contention
that
since
execution
of
the
decision
against
him
and
continue
to
do
so
even
after
it
is
shown
that
he
is
innocent
of
the
trial
in
the
Sandiganbayan
is
now
over
with
respect
to
the
presentation
of
evidence
for
the
the
charges
for
which
he
was
suspended.
To
sustain
the
government's
theory
would
be
to
make
the
prosecution
there
is
no
longer
any
danger
that
petitioner
would
intimidate
prosecution's
witnesses.
administrative
decision
not
only
executory
but
final
and
executory.
Consequently,
the
Supreme
Court
The
fact
is
that
the
possibility
that
the
accused
would
intimidate
witnesses
or
otherwise
hamper
his
affirmed
the
decision
of
the
Court
of
Appeals
with
modification
as
to
the
computation
of
the
salaries
prosecution
is
just
one
of
the
grounds
for
preventive
suspension.
The
other
one
is,
as
already
stated,
awarded
to
private
respondents.
to
prevent
the
accused
from
committing
further
acts
of
malfeasance
while
in
office.
Finally,
the
fact
that
petitioner's
preventive
suspension
may
deprive
the
people
of
Samar
of
the
services
of
an
official
elected
by
them,
at
least
temporarily,
is
not
a
sufficient
basis
for
reducing
what
is
otherwise
a
Section
65.
Rights
of
Respondent.
-‐
The
respondent
shall
be
accorded
full
opportunity
to
appear
and
mandatory
period
prescribed
by
law.
The
vice
governor,
who
has
likewise
been
elected
by
them,
will
defend
himself
in
person
or
by
counsel,
to
confront
and
cross-‐examine
the
witnesses
against
him,
and
to
act
as
governor
require
the
attendance
of
witnesses
and
the
production
of
documentary
process
of
subpoena
or
subpoena
duces
tecum.
Section
64.
Salary
of
Respondent
Pending
Suspension.
-‐
The
respondent
official
preventively
suspended
Section
66.
Form
and
Notice
of
Decision.
-‐
from
office
shall
receive
no
salary
or
compensation
during
such
suspension;
but
upon
subsequent
exoneration
and
reinstatement,
he
shall
be
paid
full
salary
or
compensation
including
such
emoluments
(a)
The
investigation
of
the
case
shall
be
terminated
within
ninety
(90)
days
from
the
start
thereof.
accruing
during
such
suspension.
Within
thirty
(30)
days
after
the
end
of
the
investigation,
the
Office
of
the
President
or
the
sanggunian
concerned
shall
render
a
decision
in
writing
stating
clearly
and
distinctly
the
facts
and
the
reasons
for
•
EFFECT
of
Preventive
Suspension
on
compensation:
such
decision.
Copies
of
said
decision
shall
immediately
be
furnished
the
respondent
and
all
interested
Case:
GLORIA
V.
CA
parties.
DOCTRINE:
Preventive
suspension
pending
investigation
is
not
a
penalty,
but
is
only
a
means
of
(b)
The
penalty
of
suspension
shall
not
exceed
the
unexpired
term
of
the
respondent
or
a
period
of
six
enabling
the
disciplining
authority
to
conduct
an
unhampered
investigation.
Not
being
a
penalty,
(6)
months
for
every
administrative
offense,
nor
shall
said
penalty
be
a
bar
to
the
candidacy
of
the
there
is
therefore
NO
reason
to
deny
employees
their
salaries
for
such
period,
especially
after
they
are
respondent
so
suspended
as
long
as
he
meets
the
qualifications
required
for
the
office.
proven
innocent
of
any
offense
punishable
with
suspension
or
dismissal.
But
although
we
hold
that
employees
who
are
preventively
suspended
pending
investigation
are
not
entitled
to
the
payment
of
(c)
The
penalty
of
removal
from
office
as
a
result
of
an
administrative
investigation
shall
be
considered
their
salaries
even
if
they
are
exonerated,
we
do
not
agree
with
the
government
that
they
are
not
a
bar
to
the
candidacy
of
the
respondent
for
any
elective
position.
entitled
to
compensation
for
the
period
of
their
suspension
pending
appeal
if
eventually
they
are
found
innocent.
It
is
precisely
because
respondent
is
penalized
before
his
sentence
is
confirmed
that
Section
67.
Administrative
Appeals.
-‐
Decisions
in
administrative
cases
may,
within
thirty
(30)
days
from
he
should
be
paid
his
salaries
in
the
event
he
is
exonerated.
It
would
be
unjust
to
deprive
him
of
his
receipt
t hereof,
be
appealed
to
the
following:
pay
as
a
result
of
the
immediate
execution
of
the
decision
against
him
and
continue
to
do
so
even
after
(a)
The
sangguniang
panlalawigan,
in
the
case
of
decisions
of
the
sangguniang
panlungsod
of
it
is
shown
that
he
is
innocent
of
the
charges
for
which
he
was
suspended
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
of
highly
urbanized
cities
and
independent
component
cities.
FACTS:
This
is
a
petition
for
review
on
certiorari
filed
by
petitioner
assailing
the
Court
of
Appeals'
resolution
dated
July
15,
1997.
The
appellate
court
ruled
that
private
respondents
were
entitled
to
the
Decisions
of
the
Office
of
the
President
shall
be
final
and
executory.
payment
of
their
salaries,
allowances
and
other
benefits
during
the
period
of
their
suspension
beyond
the
90-‐day
period
of
preventive
suspension
although
they
were
found
guilty
of
violation
of
reasonable
Section
68.
Execution
Pending
Appeal.
-‐
An
appeal
shall
not
prevent
a
decision
from
becoming
final
or
office
rules
and
regulations
for
having
been
absent
without
leave
during
the
teachers'
strike
and
were
executory.
The
respondent
shall
be
considered
as
having
been
placed
under
preventive
suspension
during
reprimanded.
Petitioner
contended
that
the
continued
suspension
of
private
respondents
was
due
to
the
pendency
of
an
appeal
in
the
event
he
wins
such
appeal.
In
the
event
the
appeal
results
in
an
their
appeal,
hence,
the
government
should
not
be
held
answerable
for
payment
of
their
salaries.
exoneration,
he
shall
be
paid
his
salary
and
such
other
emoluments
during
the
pendency
of
the
appeal.
Moreover,
petitioner
claimed
that
private
respondents
are
considered
under
preventive
suspension
CHAPTER
V
during
the
period
of
their
appeal,
thus,
they
are
not
entitled
to
the
payment
of
their
salaries
during
Recall
their
suspension.
Section
69.
By
Whom
Exercised.
-‐
The
power
of
recall
for
loss
of
confidence
shall
be
exercised
by
the
registered
voters
of
a
local
government
unit
to
which
the
local
elective
official
subject
to
such
recall
HELD:
The
Court
ruled
that
the
preventive
suspension
of
civil
service
employees
charged
with
belongs.
dishonesty,
oppression
or
grave
misconduct
or
neglect
of
duty
is
authorized
by
the
Civil
Service
Law.
It
cannot
be
considered
unjustified
even
if
later
the
charges
are
dismissed
so
as
to
justify
the
payment
of
•
NATURE
OF
THE
RIGHT
TO
RECALL
–
complementary
to
the
right
to
elect
or
appoint.
salaries
to
the
employee
concerned.
It
is
limited
to
ninety
(90)
days
unless
the
delay
in
the
conclusion
of
the
investigation
is
due
to
the
employee
concerned.
After
that
period,
even
if
the
investigation
is
not
Public
Corporations
Law
AKD
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FINALS
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o Based
upon
the
theory
that
the
electorate
must
maintain
a
direct
and
elastic
control
over
public
(4)
Municipal
level.
-‐
All
punong
barangay
and
sangguniang
barangay
members
in
the
functionaries
municipality.
o Public
office
is
burdened
with
public
interest
and
the
representatives
of
the
people
are
simply
agents
or
servants
of
people
with
the
definite
powers
and
specific
duties
to
follow
(c)
A
majority
of
all
the
preparatory
recall
assembly
members
may
convene
in
session
in
a
public
place
and
initiate
a
recall
proceedings
against
any
elective
official
in
the
local
government
unit
concerned.
CASE:
EVARDONE
V.
COMELEC
Recall
of
provincial,
city,
or
municipal
officials
shall
be
validly
initiated
through
a
resolution
adopted
DOCTRINE:
The
right
to
recall
is
complementary
to
the
right
to
elect
or
appoint.
It
is
included
in
the
by
a
majority
of
all
the
members
of
the
preparatory
recall
assembly
concerned
during
its
session
right
of
suffrage.
It
is
based
on
the
theory
that
the
electorate
must
maintain
a
direct
and
elastic
control
called
for
the
purpose.
over
public
functionaries.
It
is
also
predicated
upon
the
idea
that
a
public
office
is
'burdened'
with
(d)
Recall
of
any
elective
provincial,
city,
municipal,
or
barangay
official
may
also
be
validly
initiated
public
interests
and
that
the
representatives
of
the
people
holding
public
offices
are
simply
agents
or
upon
petition
of
at
least
twenty-‐five
percent
(25%)
of
the
total
number
of
registered
voters
in
the
local
servants
of
the
people
with
definite
powers
and
specific
duties
to
perform
and
to
follow
if
they
wish
to
government
unit
concerned
during
the
election
in
which
the
local
official
sought
to
be
recalled
was
remain
in
their
respective
offices.
elected.
(1)
A
written
petition
for
recall
duly
signed
before
the
election
registrar
or
his
representative,
and
FACTS:
Felipe
Evardone
is
the
mayor
of
the
Municipality
of
Sulat,
Eastern
Samar,
having
been
elected
to
in
the
presence
of
a
representative
of
the
petitioner
and
a
representative
of
the
official
sought
to
the
position
during
the
1988
local
elections.
He
assumed
office
immediately
after
proclamation.
On
14
be
recalled
and,
and
in
a
public
place
in
the
province,
city,
municipality,
or
barangay,
as
the
case
February
1990,
Alexander
R.
Apelado,
Victorino
E.
Aclan
and
Noel
A.
Nival
filed
a
petition
for
the
recall
may
be,
shall
be
filed
with
the
COMELEC
through
its
office
in
the
local
government
unit
concerned.
of
Evardone
with
the
Office
of
the
Local
Election
Registrar,
Municipality
of
Sulat.
The
COMELEC
or
its
duly
authorized
representative
shall
cause
the
publication
of
the
petition
in
a
public
and
conspicuous
place
for
a
period
of
not
less
than
ten
(10)
days
nor
more
than
twenty
(20)
In
the
present
case,
the
records
show
that
Evardone
knew
of
the
Notice
of
Recall
filed
by
Apelado,
et
al.
days,
for
the
purpose
of
verifying
the
authenticity
and
genuineness
of
the
petition
and
the
required
on
or
about
21
February
1990
as
evidenced
by
the
Registry
Return
Receipt;
yet,
he
was
not
vigilant
in
percentage
of
voters.
following
up
and
determining
the
outcome
of
such
notice.
Evardone
alleges
that
it
was
only
on
or
about
(2)
Upon
the
lapse
of
the
aforesaid
period,
the
COMELEC
or
its
duly
authorized
representative
3
July
1990
that
he
came
to
know
about
the
Resolution
of
respondent
COMELEC
setting
the
signing
of
the
petition
for
recall
on
14
July
1990.
But
despite
his
urgent
prayer
for
the
issuance
of
a
TRO,
shall
announce
the
acceptance
of
candidates
to
the
position
and
thereafter
prepare
the
list
of
Evardone
filed
the
petition
for
prohibition
only
on
10
July
1990.
Indeed,
this
Court
issued
a
TRO
on
12
candidates
which
shall
include
the
name
of
the
official
sought
to
be
recalled.
July
1990
but
the
signing
of
the
petition
for
recall
took
place
just
the
same
on
the
scheduled
date
through
no
fault
of
the
respondent
COMELEC
and
Apelado,
et
al.
The
signing
process
was
undertaken
•
RA
9244
has
removed
the
People’s
Recall
Assembly
as
a
mode
for
initiating
recall
by
the
constituents
of
the
Municipality
of
Sulat
and
its
Election
Registrar
in
good
faith
and
without
Section
71.
Election
on
Recall.
-‐
Upon
the
filing
of
a
valid
resolution
or
petition
for
recall
with
the
knowledge
of
the
TRO
earlier
issued
by
this
Court.
As
attested
by
Election
Registrar
Sumbilla,
about
appropriate
local
office
of
the
COMELEC,
the
Commission
or
its
duly
authorized
representative
shall
set
2,050
of
the
6,090
registered
voters
of
Sulat,
Eastern
Samar
or
about
34%
signed
the
petition
for
recall.
the
date
of
the
election
on
recall,
which
shall
not
be
later
than
thirty
(30)
days
after
the
filing
of
the
resolution
or
petition
for
recall
in
the
case
of
the
barangay,
city,
or
municipal
officials.
and
forty-‐five
(45)
HELD:
The
constituents
have
made
a
judgment
and
their
will
to
recall
the
incumbent
mayor
(Evardone)
days
in
the
case
of
provincial
officials.
The
official
or
officials
sought
to
be
recalled
shall
automatically
be
has
already
been
ascertained
and
must
be
afforded
the
highest
respect.
Thus,
the
signing
process
held
considered
as
duly
registered
candidate
or
candidates
to
the
pertinent
positions
and,
like
other
last
14
July
1990
in
Sulat,
Eastern
Samar,
for
the
recall
of
Mayor
Felipe
P.
Evardone
of
said
municipality
candidates,
shall
be
entitled
to
be
voted
upon.
is
valid
and
has
legal
effect.
Section
72.
Effectivity
of
Recall.
-‐
The
recall
of
an
elective
local
official
shall
be
effective
only
upon
the
election
and
proclamation
of
a
successor
in
the
person
of
the
candidate
receiving
the
highest
number
of
•
Loss
of
confidence
[defined]
-‐
the
formal
withdrawal
of
the
electorate
of
their
trust
in
a
person’s
votes
cast
during
the
election
on
recall.
Should
the
official
sought
to
be
recalled
receive
the
highest
ability
to
discharge
his
office
previously
bestowed
on
him
by
the
same
electorate.
number
of
votes,
confidence
in
him
is
thereby
affirmed,
and
he
shall
continue
in
office.
Section
70.
Initiation
of
the
Recall
Process.
-‐
Section
73.
Prohibition
from
Resignation.
-‐
The
elective
local
official
sought
to
be
recalled
shall
not
be
allowed
to
resign
while
the
recall
process
is
in
progress.
(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.
Section
74.
Limitations
on
Recall.
-‐
(a)
Any
elective
local
official
may
be
the
subject
of
a
recall
election
only
once
during
his
term
of
office
(b)
There
shall
be
a
preparatory
recall
assembly
in
every
province,
city,
district,
and
municipality
for
loss
of
confidence.
which
shall
be
composed
of
the
following:
(b)
No
recall
shall
take
place
within
one
(1)
year
from
the
date
of
the
official's
assumption
to
office
or
(1)
Provincial
level.
-‐
All
mayors,
vice-‐mayors,
and
sanggunian
members
of
the
municipalities
and
one
(1)
year
immediately
preceding
a
regular
local
election.
component
cities;
•
Regular
Local
Election
defined
-‐
The
term
"regular
local
election"
must
be
confined
to
the
regular
(2)
City
level.
-‐
All
punong
barangay
and
sanggunian
barangay
members
in
the
city;
election
of
elective
local
officials,
as
distinguished
from
the
regular
election
of
national
officials.
The
elective
national
officials
are
the
President,
Vice-‐President,
Senators
and
Congressmen.
The
elective
(3)
Legislative
District
level.
-‐
In
case
where
sangguniang
panlalawigan
members
are
elected
by
local
officials
are
Provincial
Governors,
Vice-‐Governors
of
provinces,
Mayors
and
Vice-‐Mayors
of
cities
district,
all
elective
municipal
officials
in
the
district;
and
in
cases
where
sangguniang
panlungsod
and
municipalities,
Members
of
the
Sanggunians
of
provinces,
cities
and
municipalities,
punong
members
are
elected
by
district,
all
elective
barangay
officials
in
the
district;
and
Public
Corporations
Law
AKD
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barangays
and
members
of
the
sangguniang
barangays,
and
the
elective
regional
officials
of
the
Section
77.
Responsibility
for
Human
Resources
and
Development.
-‐
The
chief
executive
of
every
local
Autonomous
Region
of
Muslim
Mindanao.
These
are
the
only
local
elective
officials
deemed
government
unit
shall
be
responsible
for
human
resources
and
development
in
his
unit
and
shall
take
all
recognized
by
Section
2(2)
of
Article
IX-‐C
of
the
Constitution.
personnel
actions
in
accordance
with
the
Constitutional
provisions
on
civil
service,
pertinent
laws,
and
rules
and
regulations
thereon,
including
such
policies,
guidelines
and
standards
as
the
Civil
Service
CASE:
PARAS
V.
COMELEC
Commission
may
establish:
Provided,
That
the
local
chief
executive
may
employ
emergency
or
casual
DOCTRINE:
A
regular
election,
whether
national
or
local,
can
only
refer
to
an
election
participated
in
by
employees
or
laborers
paid
on
a
daily
wage
or
piecework
basis
and
hired
through
job
orders
for
local
those
who
possess
the
right
of
suffrage,
are
not
otherwise
disqualified
by
law,
and
who
are
registered
projects
authorized
by
the
sanggunian
concerned,
without
need
of
approval
or
attestation
by
the
Civil
voters.
One
of
the
requirements
for
the
exercise
of
suffrage
under
Section
1,
Article
V
of
the
Service
Commission:
Provided,
further,
That
the
period
of
employment
of
emergency
or
casual
laborers
as
Constitution
is
that
the
person
must
be
at
least
18
years
of
age,
and
one
requisite
before
he
can
vote
is
provided
in
this
Section
shall
not
exceed
six
(6)
months.
that
he
be
a
registered
voter
pursuant
to
the
rules
on
registration
prescribed
in
the
Omnibus
Election
Code.
Under
the
law,
the
SK
includes
the
youth
with
ages
ranging
from
15
to
21.
Accordingly,
they
The
Joint
Commission
on
Local
Government
Personnel
Administration
organized
pursuant
to
Presidential
include
many
who
are
not
qualified
to
vote
in
a
regular
election,
viz.,
those
from
ages
15
to
less
than
18.
Decree
Numbered
Eleven
Hundred
thirty-‐six
(P.D.
No.
1136)
is
hereby
abolished
and
its
personnel,
records,
In
no
manner
then
may
SK
elections
be
considered
a
regular
election
(whether
national
or
local).
equipment
and
other
assets
transferred
to
the
appropriate
office
in
the
Civil
Service
Commission.
Section
78.
Civil
Service
Law,
Rules
and
Regulations,
and
Other
Related
Issuances.
-‐
All
matters
pertinent
FACTS:
Petitioner
Danilo
E.
Paras
is
the
incumbent
Punong
Barangay
of
Pula,
Cabanatuan
City
who
won
to
human
resources
and
development
in
local
government
units
shall
be
governed
by
the
civil
service
law
during
the
last
regular
barangay
election
in
1994.
In
a
resolution
dated
January
5,
1996,
the
COMELEC,
and
such
rules
and
regulations
and
other
issuances
promulgated
pursuant
thereto,
unless
otherwise
for
the
third
time,
re-‐scheduled
the
recall
election
on
January
13,
1996;
hence,
the
instant
petition
for
specified
in
this
Code.
certiorari
with
urgent
prayer
for
injunction.
In
view
of
the
Office
of
the
Solicitor
General's
manifestation
maintaining
an
opinion
adverse
to
that
of
the
COMELEC,
the
latter
through
its
law
• Resignation
and
Abandonment
department
filed
the
required
comment.
o Resignation
is
the
act
of
giving
up
or
the
act
of
an
officer
by
which
he
declines
his
office
and
renounces
the
right
to
further
use
it.
-‐
Requirements:
Petitioner's
argument
is
simple
and
to
the
point.
Citing
Section
74
(b)
of
Republic
Act
No.
7160,
1.
intention
to
relinquish
a
part
of
the
term
otherwise
known
as
the
Local
Government
Code,
which
states
that
"no
recall
shall
take
place
within
2.
act
of
relinquishment
one
(1)
year
from
the
date
of
the
official's
assumption
to
office
or
one
(1)
year
immediately
preceding
a
3.
acceptance
by
proper
authority
regular
local
election",
petitioner
insists
that
the
scheduled
January
13,
1996
recall
election
is
now
o Abandonment
–
is
the
voluntary
relinquishment
of
an
office
by
the
holder
with
the
intention
of
barred
as
the
Sangguniang
Kabataan
(SK)
election
was
set
by
Republic
Act
No.
7808
on
the
first
terminating
his
possession
and
control
thereof.
Monday
of
May
1996,
and
every
three
years
thereafter.
-‐
elements;
1.
intention
to
abandon
HELD:
Subscribing
to
petitioner's
interpretation
of
the
phrase
regular
local
election
to
include
the
SK
2.
overt
or
external
act
by
which
intention
is
carried
into
effect
election
will
unduly
circumscribe
the
novel
provision
of
the
Local
Government
Code
on
recall,
a
mode
o Resignations
by
elective
local
officials
must
be
in
writing.
of
removal
of
public
officers
by
initiation
of
the
people
before
the
end
of
his
term.
And
if
the
SK
election
which
is
set
by
R.A.
No
7808
to
be
held
every
three
years
from
May
1996
were
to
be
deemed
within
the
• Power
of
CSC
to
revoke
or
cancel
appointments
purview
of
the
phrase
"regular
local
election,"
as
erroneously
insisted
by
petitioner,
then
no
recall
o CSC
has
authority
to
revoke
or
cancel
appointment
to
a
civil
service
position
after
its
regional
election
can
be
conducted
rendering
inutile
the
recall
provision
of
the
Local
Government
Code.
office
may
have
approved
the
same
and
the
appointee
has
assumed
a
new
position.
o The
CSC
has
the
power
to
hear
and
decide
administrative
cases
instituted
directly
or
on
appeal,
•
Recall
construed
in
provision
–
refer
to
recall
election,
not
proceedings
to
initiate
recall.
including
contested
appointments,
and
review
decisions
and
actions
of
its
agencies
or
the
agencies
attached
to
it
•
Purpose
of
first
limitation
of
par
[b]
is
–
to
provide
voters
a
sufficient
basis
for
judging
an
elective
o The
CSC
is
empowered
to
take
appropriate
action
on
all
appointments
and
other
personnel
official
and
final
judging
is
not
done
until
the
day
of
election.
To
construe
recall
as
to
include
initiatory
actions
and
such
power
includes
the
authority
to
recall
an
appointment
initially
approved
in
proceedings
would
curtail
freedom
of
speech
and
assembly
guaranteed
in
the
Constitution.
disregard
of
applicable
provisions
of
CSC
laws
and
regulations.
Section
75.
Expenses
Incident
to
Recall
Elections.
-‐
All
expenses
incident
to
recall
elections
shall
be
borne
by
the
COMELEC.
For
this
purpose,
there
shall
be
included
in
the
annual
General
Appropriations
Act
a
• No
prior
notice
when
employee
is
continuously
absent
–
without
approved
leave
for
at
least
30
contingency
fund
at
the
disposal
of
the
COMELEC
for
the
conduct
of
recall
elections.
days
TITLE
III.
• Procedure
for
judicial
review
of
decisions
of
CSC
-‐
special
civil
action
for
Certiorari
HUMAN
RESOURCES
AND
DEVELOPMENT
Section
79.
Limitation
to
Appointments.
-‐
No
person
shall
be
appointed
in
the
career
service
of
the
local
Section
76.
Organizational
Structure
and
Staffing
Pattern.
-‐
Every
local
government
unit
shall
design
and
government
if
he
is
related
within
the
fourth
civil
degree
of
consanguinity
or
affinity
to
the
appointing
implement
its
own
organizational
structure
and
staffing
pattern
taking
into
consideration
its
service
or
recommending
authority.
requirements
and
financial
capability,
subject
to
the
minimum
standards
and
guidelines
prescribed
by
the
Civil
Service
Commission.
Section
80.
Public
Notice
of
Vacancy;
Personnel
Selection
Board.
-‐
Public
Corporations
Law
AKD
Notes
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FINALS
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1
Sem
2015-‐2016
Page
14
(a)
Whenever
a
local
executive
decides
to
fill
a
vacant
career
position,
there
shall
be
posted
notices
Section
83.
Grievance
Procedure.
-‐
In
every
local
government
unit,
the
local
chief
executive
shall
of
the
vacancy
in
at
least
three
(3)
conspicuous
public
places
in
the
local
government
unit
concerned
establish
a
procedure
to
inquire
into,
act
upon,
resolve
or
settle
complaints
and
grievances
presented
for
a
period
of
not
less
than
fifteen
(15)
days.
by
local
government
employees.
(b)
There
shall
be
established
in
every
province,
city
or
municipality
a
personnel
selection
board
to
Section
84.
Administrative
Discipline.
-‐
Investigation
and
adjudication
of
administrative
complaints
assist
the
local
chief
executive
in
the
judicious
and
objective
selection
or
personnel
for
employment
against
appointive
local
officials
and
employees
as
well
as
their
suspension
and
removal
shall
be
in
as
well
as
for
promotion,
and
in
the
formulation
of
such
policies
as
would
contribute
to
employee
accordance
with
the
civil
service
law
and
rules
and
other
pertinent
laws.
The
results
of
such
welfare.
administrative
investigations
shall
be
reported
to
the
Civil
Service
Commission.
(c)
The
personnel
selection
board
shall
be
headed
by
the
local
chief
executive,
and
its
members
shall
Section
85.
Preventive
Suspension
of
Appointive
Local
Officials
and
Employees.
-‐
be
determined
by
resolution
of
the
sanggunian
concerned.
A
representative
of
the
Civil
Service
Commission,
if
any,
and
the
personnel
officer
of
the
local
government
unit
concerned
shall
be
ex
(a)
The
local
chief
executives
may
preventively
suspend
for
a
period
not
exceeding
sixty
(60)
days
officio
members
of
the
board.
and
subordinate
official
or
employee
under
his
authority
pending
investigation
if
the
charge
against
such
official
or
employee
involves
dishonesty,
oppression
or
grave
misconduct
or
neglect
in
the
Section
81.
Compensation
of
Local
Officials
and
Employees.
-‐
The
compensation
of
local
officials
and
performance
of
duty,
or
if
there
is
reason
to
believe
that
the
respondent
is
guilty
of
the
charges
personnel
shall
be
determined
by
the
sanggunian
concerned:
Provided,
That
the
increase
in
which
would
warrant
his
removal
from
the
service.
compensation
of
elective
local
officials
shall
take
effect
only
after
the
terms
of
office
of
those
approving
such
increase
shall
have
expired:
Provided,
further,
That
the
increase
in
compensation
of
the
(b)
Upon
expiration
of
the
preventive
suspension,
the
suspended
official
or
employee
shall
be
appointive
officials
and
employees
shall
take
effect
as
provided
in
the
ordinance
authorizing
such
automatically
reinstated
in
office
without
prejudice
to
the
continuation
of
the
administrative
increase:
Provided,
however,
That
said
increases
shall
not
exceed
the
limitations
on
budgetary
proceedings
against
him
until
its
termination.
If
the
delay
in
the
proceedings
of
the
case
is
due
to
the
allocations
for
personal
services
provided
under
Title
Five,
Book
II
of
this
Code:
Provided,
finally,
That
fault,
neglect
or
request
of
the
respondent,
the
time
of
the
delay
shall
not
be
counted
in
computing
such
compensation
may
be
based
upon
the
pertinent
provisions
of
Republic
Act
Numbered
Sixty-‐seven
the
period
of
suspension
herein
provided.
fifty-‐eight
(R.A.
No
6758),
otherwise
known
as
the
"Compensation
and
Position
Classification
Act
of
Section
86.
Administrative
Investigation.
-‐
In
any
local
government
unit,
administrative
investigation
1989".
may
be
conducted
by
a
person
or
a
committee
duly
authorized
by
the
local
chief
executive.
Said
person
The
punong
barangay,
the
sangguniang
barangay
member,
the
sangguniang
kabataan
chairman,
the
or
committee
shall
conduct
hearings
on
the
cases
brought
against
appointive
local
officials
and
barangay
treasurer,
and
the
barangay
secretary
shall
be
entitled
to
such
compensation,
allowances,
employees
and
submit
their
findings
and
recommendations
to
the
local
chief
executive
concerned
emoluments,
and
such
other
privileges
as
provided
under
Title
One
Book
III
of
this
Code.
within
fifteen
(15)
days
from
the
conclusion
of
the
hearings.
The
administrative
cases
herein
mentioned
shall
be
decided
within
ninety
(90)
days
from
the
time
the
respondent
is
formally
notified
of
Elective
local
officials
shall
be
entitled
to
the
same
leave
privileges
as
those
enjoyed
by
appointive
local
the
charges.
officials,
including
the
cumulation
and
commutation
thereof.
Section
87.
Disciplinary
Jurisdiction.
-‐
Except
as
otherwise
provided
by
law,
the
local
chief
executive
Section
82.
Resignation
of
Elective
Local
Officials.
-‐
may
impose
the
penalty
of
removal
from
service,
demotion
in
rank,
suspension
for
not
more
than
one
(1)
year
without
pay,
fine
in
an
amount
not
exceeding
six
(6)
months
salary,
or
reprimand
and
(a)
Resignations
by
elective
local
officials
shall
be
deemed
effective
only
upon
acceptance
by
the
otherwise
discipline
subordinate
officials
and
employees
under
his
jurisdiction.
If
the
penalty
imposed
following
authorities:
is
suspension
without
pay
for
not
more
than
thirty
(30)
days,
his
decision
shall
be
final.
If
the
penalty
(1)
The
President,
in
the
case
of
governors,
vice-‐governors,
and
mayors
and
vice-‐mayors
of
imposed
is
heavier
than
suspension
of
thirty
(30)
days,
the
decision
shall
be
appealable
to
the
Civil
highly
urbanized
cities
and
independent
component
cities;
Service
Commission,
which
shall
decide
the
appeal
within
thirty
(30)
days
from
receipt
thereof.
(2)
The
governor,
in
the
case
of
municipal
mayors,
municipal
vice-‐mayors,
city
mayors
and
city
Section
88.
Execution
Pending
Appeal.
-‐
An
appeal
shall
not
prevent
the
execution
of
a
decision
of
vice-‐mayors
of
component
cities;
removal
or
suspension
of
a
respondent-‐appellant.
In
case
the
respondent-‐appellant
is
exonerated,
he
shall
be
reinstated
to
his
position
with
all
the
rights
and
privileges
appurtenant
thereto
from
the
time
(3)
The
sanggunian
concerned,
in
the
case
of
sanggunian
members;
and
he
had
been
deprived
thereof.
(4)
The
city
or
municipal
mayor,
in
the
case
of
barangay
officials.
Section
89.
Prohibited
Business
and
Pecuniary
Interest.
-‐
(b)
Copies
of
the
resignation
letters
of
elective
local
officials,
together
with
the
action
taken
by
the
(a)
It
shall
be
unlawful
for
any
local
government
official
or
employee,
directly
or
indirectly,
to:
aforesaid
authorities,
shall
be
furnished
the
Department
of
the
Interior
and
Local
Government.
(1)
Engage
in
any
business
transaction
with
the
local
government
unit
in
which
he
is
an
official
(c)
The
resignation
shall
be
deemed
accepted
if
not
acted
upon
by
the
authority
concerned
within
or
employee
or
over
which
he
has
the
power
of
supervision,
or
with
any
of
its
authorized
boards,
fifteen
(15)
days
from
receipt
thereof.
officials,
agents,
or
attorneys,
whereby
money
is
to
be
paid,
or
property
or
any
other
thing
of
value
is
to
be
transferred,
directly
or
indirectly,
out
of
the
resources
of
the
local
government
unit
(d)
Irrevocable
resignations
by
sanggunian
members
shall
be
deemed
accepted
upon
presentation
to
such
person
or
firm;
before
an
open
session
of
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
(2)
Hold
such
interests
in
any
cockpit
or
other
games
licensed
by
a
local
government
unit;
elections
or
to
cases
where
existing
laws
prescribed
the
manner
of
acting
upon
such
resignations.
Public
Corporations
Law
AKD
Notes
-‐
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1
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2015-‐2016
Page
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(3)
Purchase
any
real
estate
or
other
property
forfeited
in
favor
of
such
local
government
unit
Section
92.
Oath
of
Office.
-‐
(a)
All
elective
and
appointive
local
officials
and
employees
shall,
upon
for
unpaid
taxes
or
assessment,
or
by
virtue
of
a
legal
process
at
the
instance
of
the
said
local
assumption
to
office,
subscribe
to
an
oath
or
affirmation
of
office
in
the
prescribed
form.
The
oath
or
government
unit;
affirmation
of
office
shall
be
filed
with
the
office
of
the
local
chief
executive
concerned.
A
copy
of
the
oath
or
affirmation
of
office
of
all
elective
and
appointive
local
officials
and
employees
shall
be
(4)
Be
a
surety
for
any
person
contracting
or
doing
business
with
the
local
government
unit
for
preserved
in
the
individual
personal
records
file
under
the
custody
of
the
personnel
office,
division,
or
which
a
surety
is
required;
and
section
of
the
local
government
unit
concerned.
(5)
Possess
or
use
any
public
property
of
the
local
government
unit
for
private
purposes.
Section
93.
Partisan
Political
Activity.
-‐
No
local
official
or
employee
in
the
career
civil
service
shall
(b)
All
other
prohibitions
governing
the
conduct
of
national
public
officers
relating
to
prohibited
engage
directly
or
indirectly
in
any
partisan
political
activity
or
take
part
in
any
election,
initiative,
business
and
pecuniary
interest
so
provided
for
under
Republic
Act
Numbered
Sixty-‐seven
thirteen
referendum,
plebiscite,
or
recall,
except
to
vote,
nor
shall
he
use
his
official
authority
or
influence
to
(R.A.
No.
6713)
otherwise
known
as
the
"Code
of
Conduct
and
Ethical
Standards
for
Public
Officials
cause
the
performance
of
any
political
activity
by
any
person
or
body.
He
may,
however,
express
his
and
Employees"
and
other
laws
shall
also
be
applicable
to
local
government
officials
and
employees.
views
on
current
issues,
or
mention
the
names
of
certain
candidates
for
public
office
whom
he
supports.
Elective
local
officials
may
take
part
in
partisan
political
and
electoral
activities,
but
it
shall
be
Section
90.
Practice
of
Profession.
-‐
unlawful
for
them
to
solicit
contributions
from
their
subordinates
or
subject
these
subordinates
to
any
of
the
prohibited
acts
under
the
Omnibus
Election
Code.
(a)
All
governors,
city
and
municipal
mayors
are
prohibited
from
practicing
their
profession
or
engaging
in
any
occupation
other
than
the
exercise
of
their
functions
as
local
chief
executives.
• EXCEPTION
:
Local
officials
or
employees
may
express
their
views
on
the
current
issues
or
mention
(b)
Sanggunian
members
may
practice
their
professions,
engage
in
any
occupation,
or
teach
in
the
names
of
certain
candidates
which
they
may
support.
schools
except
during
session
hours:
Provided,
That
sanggunian
members
who
are
also
members
of
Section
94.
Appointment
of
Elective
and
Appointive
Local
Officials;
Candidates
Who
Lost
in
an
Election.
-‐
the
Bar
shall
not:
(a)
No
elective
or
appointive
local
official
shall
be
eligible
for
appointment
or
designation
in
any
(1)
Appear
as
counsel
before
any
court
in
any
civil
case
wherein
a
local
government
unit
or
any
capacity
to
any
public
office
or
position
during
his
tenure.
office,
agency,
or
instrumentality
of
the
government
is
the
adverse
party;
Unless
otherwise
allowed
by
law
or
by
the
primary
functions
of
his
position,
no
elective
or
appointive
(2)
Appear
as
counsel
in
any
criminal
case
wherein
an
officer
or
employee
of
the
national
or
local
official
shall
hold
any
other
office
or
employment
in
the
government
or
any
subdivision,
agency
or
local
government
is
accused
of
an
offense
committed
in
relation
to
his
office.
instrumentality
thereof,
including
government-‐owned
or
controlled
corporations
or
their
subsidiaries.
(3)
Collect
any
fee
for
their
appearance
in
administrative
proceedings
involving
the
local
• Constitutionality
of
appointment
of
local
elective
officials
to
another
post
-‐
an
elective
official
government
unit
of
which
he
is
an
official;
and
may
be
appointed
to
another
post
if
allowed
by
law
or
by
the
primary
functions
of
his
office
(4)
Use
property
and
personnel
of
the
government
except
when
the
sanggunian
member
Section
95.
Additional
or
Double
Compensation.
-‐
No
elective
or
appointive
local
official
or
employee
concerned
is
defending
the
interest
of
the
government.
shall
receive
additional,
double,
or
indirect
compensation,
unless
specifically
authorized
by
law,
nor
(c)
Doctors
of
medicine
may
practice
their
profession
even
during
official
hours
of
work
only
on
accept
without
the
consent
of
Congress,
any
present,
emoluments,
office,
or
title
of
any
kind
from
any
occasions
of
emergency:
Provided,
That
the
officials
concerned
do
not
derive
monetary
foreign
government.
Pensions
or
gratuities
shall
not
be
considered
as
additional,
double,
or
indirect
compensation
therefrom.
compensation.
Section
96.
Permission
to
Leave
Station.
-‐
• Reason
for
prohibition:
o Sen.
Pimentel
-‐
office
of
Gov/Mayor
is
a
full
time
job;
on
the
other
hand,
regular
sessions
of
(a)
Provincial,
city,
municipal,
and
barangay
appointive
officials
going
on
official
travel
shall
apply
sanggunian
members
are
held
once
a
week.
and
secure
written
permission
from
their
respective
local
chief
executives
before
departure.
The
o Profession
[defined]
-‐
a
calling
requiring
specialized
knowledge
and
often
long
and
intensive
application
shall
specify
the
reasons
for
such
travel,
and
the
permission
shall
be
given
or
withheld
preparation
in
skills
and
methods
as
well
as
scientific,
historical,
or
scholarly
principles
based
on
considerations
of
public
interest,
financial
capability
of
the
local
government
unit
underlying
such
skills
and
methods,
maintaining
by
force
of
conduct,
and
committing
its
members
concerned
and
urgency
of
the
travel.
to
continued
study
and
to
a
kind
of
work
for
which
has
for
its
prime
purpose
the
rendering
of
Should
the
local
chief
executive
concerned
fall
to
act
upon
such
application
within
four
(4)
working
public
service.
days
from
receipt
thereof,
it
shall
be
deemed
approved.
-‐
a
principal
calling,
vocation,
or
employment
(b)
Mayors
of
component
cities
and
municipalities
shall
secure
the
permission
of
the
governor
• When
conflict
of
interests
exist
-‐
where
the
interests
of
the
LGU
with
which
the
official
is
concerned
for
any
travel
outside
the
province.
connected
are
oppeosed
to
the
interests
of
the
person
who
obtains
his
services.
(c)
Local
government
officials
traveling
abroad
shall
notify
their
respective
sanggunian:
Provided,
That
when
the
period
of
travel
extends
to
more
than
three
(3)
months,
during
periods
of
emergency
Section
91.
Statement
of
Assets
and
Liabilities.
-‐
(a)
Officials
and
employees
of
local
government
units
or
crisis
or
when
the
travel
involves
the
use
of
public
funds,
permission
from
the
Office
of
the
shall
file
sworn
statements
of
assets,
liabilities
and
net
worth,
lists
of
relatives
within
the
fourth
civil
President
shall
be
secured.
degree
of
consanguinity
or
affinity
in
government
service,
financial
and
business
interests,
and
personnel
data
sheets
as
required
by
law.
(d)
Field
officers
of
national
agencies
or
offices
assigned
in
provinces,
cities,
and
municipalities
shall
not
leave
their
official
stations
without
giving
prior
written
notice
to
the
local
chief
executive
Public
Corporations
Law
AKD
Notes
-‐
FINALS
st
Amb.
Tolentino
1
Sem
2015-‐2016
Page
16
concerned.
Such
notice
shall
state
the
duration
of
travel
and
the
name
of
the
officer
whom
he
shall
(a)
Determine,
in
accordance
with
the
criteria
set
by
the
Department
of
Education,
Culture
and
designate
to
act
for
and
in
his
behalf
during
his
absence.
Sports,
the
annual
supplementary
budgetary
needs
for
the
operation
and
maintenance
of
public
schools
within
the
province,
city,
or
municipality,
as
the
case
may
be,
and
the
supplementary
local
Section
97.
Annual
Report.
-‐
On
or
before
March
31
of
each
year,
every
local
chief
executive
shall
cost
of
meeting
such
as
needs,
which
shall
be
reflected
in
the
form
of
an
annual
school
board
budget
submit
an
annual
report
to
the
sanggunian
concerned
on
the
socio-‐economic,
political
and
peace
and
corresponding
to
its
share
of
the
proceeds
of
the
special
levy
on
real
property
constituting
the
order
conditions,
and
other
matters
concerning
the
local
government
unit,
which
shall
cover
the
Special
Education
Fund
and
such
other
sources
of
revenue
as
this
Code
and
other
laws
or
ordinances
immediately
preceding
calendar
year.
A
copy
of
the
report
shall
be
forwarded
to
the
Department
of
the
may
provide;
Interior
and
Local
Government.
Component
cities
and
municipalities
shall
likewise
provide
the
sangguniang
panlalawigan
copies
of
their
respective
annual
reports.
(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
TITLE
IV
and
regulations;
LOCAL
SCHOOL
BOARDS
(c)
Serve
as
an
advisory
committee
to
the
sanggunian
concerned
on
educational
matters
such
as,
but
Section
98.
Creation,
Composition,
and
Compensation.
-‐
not
limited
to,
the
necessity
for
and
the
uses
of
local
appropriations
for
educational
purposes;
and
(a)
There
shall
be
established
in
every
province,
city,
or
municipality
a
provincial,
city,
or
municipal
(d)
Recommend
changes
in
the
names
of
public
schools
within
the
territorial
jurisdiction
of
the
local
school
board,
respectively.
government
unit
for
enactment
by
the
sanggunian
concerned.
(b)
The
composition
of
local
school
boards
shall
be
as
follows:
The
Department
of
Education,
Culture
and
Sports
shall
consult
the
local
school
board
on
the
(1)
The
provincial
school
board
shall
be
composed
of
the
governor
and
the
division
appointment
of
division
superintendents,
district
supervisors,
school
principals,
and
other
school
superintendent
of
schools
as
co-‐chairman;
the
chairman
of
the
education
committee
of
the
officials.
sangguniang
panlalawigan,
the
provincial
treasurer,
the
representative
of
the
"pederasyon
ng
Section
100.
Meetings
and
Quorum;
Budget.
-‐
mga
sangguniang
kabataan"
in
the
sangguniang
panlalawigan,
the
duly
elected
president
of
the
provincial
federation
of
parents-‐teachers
associations,
the
duly
elected
representative
of
the
(a)
The
local
school
board
shall
meet
at
least
once
a
month
or
as
often
as
may
be
necessary.
teachers'
organizations
in
the
province,
and
the
duly
elected
representative
of
the
non-‐academic
personnel
of
public
schools
in
the
province,
as
members;
(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
(2)
The
city
school
board
shall
be
composed
of
the
city
mayor
and
the
city
superintendent
of
concerned,
as
a
matter
of
protocol,
shall
be
given
preference
to
preside
over
the
meeting.
The
schools
as
co-‐chairmen;
the
chairman
of
the
education
committee
of
the
sangguniang
division
superintendent,
city
superintendent
or
district
supervisor,
as
the
case
may
be,
shall
prepare
panlungsod,
the
city
treasurer,
the
representative
of
the
"pederasyon
ng
mga
sangguniang
the
budget
of
the
school
board
concerned.
Such
budget
shall
be
supported
by
programs,
projects,
kabataan"
in
the
sangguniang
panlungsod,
the
duly
elected
president
of
the
city
federation
of
and
activities
of
the
school
board
for
the
ensuing
fiscal
year.
The
affirmative
vote
of
the
majority
of
parents-‐
teachers
associations,
the
duly
elected
representative
of
the
teachers'
organizations
in
all
the
members
shall
be
necessary
to
approve
the
budget.
the
city,
and
the
duly
elected
representative
of
the
non-‐academic
personnel
of
public
schools
in
the
city,
as
members;
and
(c)
The
annual
school
board
budget
shall
give
priority
to
the
following:
(3)
The
municipal
school
board
shall
be
composed
of
the
municipal
mayor
and
the
district
(1)
Construction,
repair,
and
maintenance
of
school
buildings
and
other
facilities
of
public
supervisor
of
schools
as
co-‐chairmen;
the
chairman
of
the
education
committee
of
the
elementary
and
secondary
schools;
sangguniang
bayan,
the
municipal
treasurer,
the
representative
of
the
"pederasyon
ng
mga
(2)
Establishment
and
maintenance
of
extension
classes
where
necessary;
and
sangguniang
kabataan"
in
the
sangguniang
bayan,
the
duly
elected
president
of
the
municipal
federation
of
parent-‐teacher
associations,
the
duly
elected
representative
of
the
teachers'
(3)
Sports
activities
at
the
division,
district,
municipal,
and
barangay
levels.
organizations
in
the
municipality,
and
the
duly
elected
representative
of
the
non-‐academic
Section
101.
Compensation
and
Remuneration.
-‐
The
co-‐chairmen
and
members
of
the
provincial,
city
personnel
of
public
schools
in
the
municipality,
as
members.
or
municipal
school
board
shall
perform
their
duties
as
such
without
compensation
or
remuneration.
(c)
In
the
event
that
a
province
or
city
has
two
(2)
or
more
school
superintendents,
and
in
the
event
Members
thereof
who
are
not
government
officials
or
employees
shall
be
entitled
to
necessary
that
a
municipality
has
two
(2)
or
more
district
supervisors,
the
co-‐chairman
of
the
local
school
traveling
expenses
and
allowances
chargeable
against
the
funds
of
the
local
school
board
concerned,
board
shall
be
determined
as
follows:
subject
to
existing
accounting
and
auditing
rules
and
regulations.
(1)
The
Department
of
Education,
Culture
and
Sports
shall
designate
the
co-‐chairman
for
the
TITLE
V
provincial
and
city
school
boards;
and
LOCAL
HEALTH
BOARDS
(2)
The
division
superintendent
of
schools
shall
designate
the
district
supervisor
who
shall
Section
102.
Creation
and
Composition.
-‐
serve
as
co-‐chairman
of
the
municipal
school
board.
(a)
There
shall
be
established
a
local
health
board
in
every
province,
city,
or
municipality.
The
(d)
The
performance
of
the
duties
and
responsibilities
of
the
abovementioned
officials
in
their
composition
of
the
local
health
boards
shall
be
as
follows:
respective
local
school
boards
shall
not
be
delegated.
(1)
The
provincial
health
board
shall
be
headed
by
the
governor
as
chairman,
the
provincial
Section
99.
Functions
of
Local
School
Boards.
-‐
The
provincial,
city
or
municipal
school
board
shall:
health
officer
as
vice-‐chairman,
and
the
chairman
of
the
committee
on
health
of
the
Public
Corporations
Law
AKD
Notes
-‐
FINALS
st
Amb.
Tolentino
1
Sem
2015-‐2016
Page
17
sangguniang
panlalawigan,
a
representative
from
the
private
sector
or
non-‐governmental
sanggunian.
For
this
purpose,
the
development
council
at
the
provincial,
city,
municipal,
or
barangay
organizations
involved
in
health
services,
and
a
representative
of
the
Department
of
Health
in
level,
shall
assist
the
corresponding
sanggunian
in
setting
the
direction
of
economic
and
social
the
province,
as
members;
development,
and
coordinating
development
efforts
within
its
territorial
jurisdiction.
(2)
The
city
health
board
shall
be
headed
by
the
city
mayor
as
chairman,
the
city
health
officer
Section
107.
Composition
of
Local
Development
Councils.
-‐
The
composition
of
the
local
development
as
vice-‐chairman,
and
the
chairman
of
the
committee
on
health
of
the
sangguniang
panlungsod,
council
shall
be
as
follows:
a
representative
from
the
private
sector
or
non-‐governmental
organizations
involved
in
health
(1)
Members
of
the
sangguniang
barangay;
services,
and
a
representative
of
the
Department
of
Health
in
the
city,
as
members;
and
(2)
Representatives
of
non-‐governmental
organizations
operating
in
the
barangay
who
shall
constitute
not
less
than
one
fourth
(¼)
of
the
members
of
the
fully
(3)
The
municipal
health
board
shall
be
headed
by
the
municipal
mayor
as
chairman,
the
organized
council;
municipal
health
officer
as
vice-‐chairman,
and
the
chairman
of
the
committee
on
health
of
the
(3)
A
representative
of
the
congressman.
sangguniang
bayan,
a
representative
from
the
private
sector
or
non-‐governmental
(b)
The
city
or
municipal
development
council
shall
be
headed
by
the
mayor
and
shall
be
organizations
involved
in
health
services,
and
a
representative
of
the
Department
of
Health
in
composed
of
the
following
members:
the
municipality,
as
members.
(1)
All
punong
barangays
in
the
city
or
municipality;
(b)
The
functions
of
the
local
health
board
shall
be:
(2)
The
chairman
of
the
committee
on
appropriations
of
the
sangguniang
panlungsod
or
sangguniang
bayan
concerned;
(1)
To
propose
to
the
sanggunian
concerned,
in
accordance
with
standards
and
criteria
set
by
(3)
The
congressman
or
his
representative;
and
the
Department
of
Health,
annual
budgetary
allocations
for
the
operation
and
maintenance
of
(4)
Representatives
of
non-‐governmental
organizations
operating
in
the
city
or
health
facilities
and
services
within
the
municipality,
city
or
province,
as
the
case
may
be;
municipality,
as
the
case
may
be,
who
shall
constitute
not
less
than
one-‐fourth
(¼)
of
the
members
of
the
fully
organized
council.
(2)
To
serve
as
an
advisory
committee
to
the
sanggunian
concerned
on
health
matters
such
as,
(c)
The
provincial
development
council
shall
be
headed
by
the
governor
and
shall
be
but
not
limited
to,
the
necessity
for,
and
application
of
local
appropriations
for
public
health
composed
of
the
following
members:
purposes;
and
(1)
All
mayors
of
component
cities
and
municipalities;
(3)
Consistent
with
the
technical
and
administrative
standards
of
the
Department
of
Health,
(2)
The
chairman
of
the
committee
on
appropriations
of
the
sangguniang
create
committees
which
shall
advise
local
health
agencies
on
matters
such
as,
but
not
limited
panlalawigan;
to,
personnel
selection
and
promotion,
bids
and
awards,
grievance
and
complaints,
personnel
(3)
The
congressman
or
his
representative;
and
discipline,
budget
review,
operations
review
and
similar
functions.
(4)
Representatives
of
non-‐governmental
organizations
operating
in
the
province,
who
shall
constitute
not
less
than
one-‐fourth
(¼)
of
the
members
of
the
fully
Section
103.
Meetings
and
Quorum.
-‐
organized
council.
(d)
The
local
development
councils
may
call
upon
any
local
official
concerned
or
any
official
(a)
The
board
shall
meet
at
least
once
a
month
or
as
may
be
necessary.
of
national
agencies
or
offices
in
the
local
government
unit
to
assist
in
the
formulation
of
(b)
A
majority
of
the
members
of
the
board
shall
constitute
a
quorum,
but
the
chairman
or
the
vice-‐
their
respective
development
plans
and
public
investment
programs.
chairman
must
be
present
during
meetings
where
budgetary
proposals
are
being
prepared
or
Section
108.
Representation
of
Non-‐governmental
Organizations.
-‐
Within
a
period
of
sixty
(60)
days
considered.
The
affirmative
vote
of
all
the
majority
of
the
members
shall
be
necessary
to
approve
from
the
start
of
organization
of
local
development
councils,
the
non-‐governmental
organizations
shall
such
proposals.
choose
from
among
themselves
their
representatives
to
said
councils.
The
local
sanggunian
concerned
Section
104.
Compensation
and
Remuneration.
-‐
The
chairman,
vice-‐chairman,
and
members
of
the
shall
accredit
non-‐governmental
organizations
subject
to
such
criteria
as
may
be
provided
by
law.
provincial,
city
or
municipal
health
board
shall
perform
their
duties
as
such
without
compensation
or
Section
109.
Functions
of
Local
Development
Councils.
-‐
remuneration.
Members
thereof
who
are
not
government
officials
or
employees
shall
be
entitled
to
necessary
traveling
expenses
and
allowances
chargeable
against
the
funds
of
the
local
health
board
(a)
The
provincial,
city,
and
municipal
development
councils
shall
exercise
the
following
concerned,
subject
to
existing
accounting
and
auditing
rules
and
regulations.
functions:
(1)
Formulate
long-‐term,
medium-‐term,
and
annual
socio-‐economic
development
Section
105.
Direct
National
Supervision
and
Control
by
the
Secretary
of
Health.
-‐
In
cases
of
epidemics,
plans
and
policies;
pestilence,
and
other
widespread
public
health
dangers,
the
Secretary
of
Health
may,
upon
the
(2)
Formulate
the
medium-‐term
and
annual
public
investment
programs;
direction
of
the
President
and
in
consultation
with
the
local
government
unit
concerned,
temporarily
(3)
Appraise
and
prioritize
socio-‐economic
development
programs
and
projects;
assume
direct
supervision
and
control
over
health
operations
in
any
local
government
unit
for
the
(4)
Formulate
local
investment
incentives
to
promote
the
inflow
and
direction
of
duration
of
the
emergency,
but
in
no
case
exceeding
a
cumulative
period
of
six
(6)
months.
With
the
private
investment
capital;
concurrence
of
the
government
unit
concerned,
the
period
for
such
direct
national
control
and
(5)
Coordinate,
monitor,
and
evaluate
the
implementation
of
development
supervision
may
be
further
extended.
programs
and
projects;
and
TITLE
VI
(6)
Perform
such
other
functions
as
may
be
provided
by
law
or
component
LOCAL
DEVELOPMENT
COUNCILS
authority.
Section
106.
Local
Development
Councils.
-‐
(a)
Each
local
government
unit
shall
have
a
comprehensive
(b)
The
barangay
development
council
shall
exercise
the
following
functions:
multi-‐sectoral
development
plan
to
be
initiated
by
its
development
council
and
approved
by
its
(1)
Mobilize
people's
participation
in
local
development
efforts;
(2)
Prepare
barangay
development
plans
based
on
local
requirements;
Public
Corporations
Law
AKD
Notes
-‐
FINALS
st
Amb.
Tolentino
1
Sem
2015-‐2016
Page
18
(3)
Monitor
and
evaluate
the
implementation
of
national
or
local
programs
and
(b)
The
approved
development
plans
of
provinces,
highly-‐urbanized
cities,
and
independent
projects;
and
component
cities
shall
be
submitted
to
the
regional
development
council,
which
shall
be
integrated
(4)
Perform
such
other
functions
as
may
be
provided
by
law
or
competent
into
the
regional
development
plan
for
submission
to
the
National
Economic
and
Development
authority.
Authority,
in
accordance
with
existing
laws.
Section
110.
Meetings
and
Quorum.
-‐
The
local
development
council
shall
meet
at
least
once
every
six
Section
115.
Budget
Information.
-‐
The
Department
of
Budget
and
Management
shall
furnish
the
(6)
months
or
as
often
as
may
be
necessary.
various
local
development
councils
information
on
financial
resources
and
budgetary
allocations
applicable
to
their
respective
jurisdictions
to
guide
them
in
their
planning
functions.
Section
111.
Executive
Committee.
-‐
The
local
development
council
shall
create
an
executive
committee
to
represent
it
and
act
in
its
behalf
when
it
is
not
in
session.
The
composition
of
the
executive
TITLE
VII
committee
shall
be
as
follows:
LOCAL
PEACE
AND
ORDER
COUNCIL
(1)
The
executive
committee
of
the
provincial
development
council
shall
be
composed
of
the
Section
116.
Organization.
-‐
There
is
hereby
established
in
every
province,
city
and
municipality
a
local
governor
as
chairman,
the
representative
of
component
city
and
municipal
mayors
to
be
peace
and
order
council,
pursuant
to
Executive
Order
Numbered
Three
hundred
nine
(E.O.
No.
309),
as
chosen
from
among
themselves,
the
chairman
of
the
committee
on
appropriations
of
the
amended,
Series
of
1988.
The
local
peace
and
order
councils
shall
have
the
same
composition
and
sangguniang
panlalawigan,
the
president
of
the
provincial
league
of
barangays,
and
a
functions
as
those
prescribed
by
said
executive
order.
representative
of
non-‐governmental
organizations
that
are
represented
in
the
council,
as
members;
TITLE
VIII
AUTONOMOUS
SPECIAL
ECONOMIC
ZONES
(2)
The
executive
committee
of
the
city
or
municipal
development
council
shall
be
composed
of
the
mayor
as
chairman,
the
chairman
of
the
committee
on
appropriations
of
the
Section
117.
Establishment
of
Autonomous
Special
Economic
Zones.
-‐
The
establishment
by
law
of
sangguniang
panlalawigan,
the
president
of
the
city
or
municipal
league
of
barangays,
and
a
autonomous
special
economic
zones
in
selected
areas
of
the
country
shall
be
subject
to
concurrence
by
representative
of
non-‐governmental
organizations
that
are
represented
in
the
council,
as
the
local
government
units
included
therein.
members;
and
TITLE
IX
(3)
The
executive
committee
of
the
barangay
development
council
shall
be
composed
of
the
OTHER
PROVISIONS
APPLICABLE
TO
LOCAL
GOVERNMENT
UNITS
punong
barangay
as
chairman,
a
representative
of
the
sangguniang
barangay
to
be
chosen
CHAPTER
I
from
among
its
members,
and
a
representative
of
non-‐governmental
organizations
that
are
Settlement
of
Boundary
Disputes
represented
in
the
council,
as
members.
Section
118.
Jurisdictional
Responsibility
for
Settlement
of
Boundary
Dispute.
-‐
Boundary
disputes
(b)
The
executive
committee
shall
exercise
the
following
powers
and
functions:
between
and
among
local
government
units
shall,
as
much
as
possible,
be
settled
amicably.
To
this
end:
(1)
Ensure
that
the
decision
of
the
council
are
faithfully
carried
out
and
implemented;
(2)
Act
on
matters
requiring
immediate
attention
or
action
by
the
council;
(a)
Boundary
disputes
involving
two
(2)
or
more
barangays
in
the
same
city
or
municipality
shall
be
(3)
Formulate
policies,
plans,
and
programs
based
on
the
general
principles
laid
down
by
the
referred
for
settlement
to
the
sangguniang
panlungsod
or
sangguniang
bayan
concerned.
council;
and
(b)
Boundary
disputes
involving
two
(2)
or
more
municipalities
within
the
same
province
shall
be
(4)
Act
on
other
matters
that
may
be
authorized
by
the
council.
referred
for
settlement
to
the
sangguniang
panlalawigan
concerned.
Section
112.
Sectoral
or
Functional
Committees.
-‐
The
local
development
councils
may
form
sectoral
or
(c)
Boundary
disputes
involving
municipalities
or
component
cities
of
different
provinces
shall
be
functional
committees
to
assist
them
in
the
performance
of
their
functions.
jointly
referred
for
settlement
to
the
sanggunians
of
the
province
concerned.
Section
113.
Secretariat.
-‐
There
is
hereby
constituted
for
each
local
development
council
a
secretariat
(d)
Boundary
disputes
involving
a
component
city
or
municipality
on
the
one
hand
and
a
highly
which
shall
be
responsible
for
providing
technical
support,
documentation
of
proceedings,
preparation
urbanized
city
on
the
other,
or
two
(2)
or
more
highly
urbanized
cities,
shall
be
jointly
referred
for
of
reports
and
such
other
assistance
as
may
be
required
in
the
discharge
of
its
functions.
The
local
settlement
to
the
respective
sanggunians
of
the
parties.
development
council
may
avail
of
the
services
of
any
non-‐governmental
organization
or
educational
or
research
institution
for
this
purpose.
(e)
In
the
event
the
sanggunian
fails
to
effect
an
amicable
settlement
within
sixty
(60)
days
from
the
date
the
dispute
was
referred
thereto,
it
shall
issue
a
certification
to
that
effect.
Thereafter,
the
The
secretariats
of
the
provincial,
city,
and
municipal
development
councils
shall
be
headed
by
their
dispute
shall
be
formally
tried
by
the
sanggunian
concerned
which
shall
decide
the
issue
within
sixty
respective
planning
and
development
coordinators.
The
secretariat
of
the
barangay
development
(60)
days
from
the
date
of
the
certification
referred
to
above.
council
shall
be
headed
by
the
barangay
secretary
who
shall
be
assisted
by
the
city
or
municipal
planning
and
development
coordinator
concerned.
Section
119.
Appeal.
-‐
Within
the
time
and
manner
prescribed
by
the
Rules
of
Court,
any
party
may
elevate
the
decision
of
the
sanggunian
concerned
to
the
proper
Regional
Trial
Court
having
jurisdiction
Section
114.
Relation
of
Local
Development
Councils
to
the
Sanggunian
and
the
Regional
Development
over
the
area
in
dispute.
The
Regional
Trial
Court
shall
decide
the
appeal
within
one
(1)
year
from
the
Council.-‐
filing
thereof.
Pending
final
resolution
of
the
disputed
area
prior
to
the
dispute
shall
be
maintained
and
(a)
The
policies,
programs,
and
projects
proposed
by
local
development
councils
shall
be
submitted
continued
for
all
legal
purposes.
to
the
sanggunian
concerned
for
appropriate
action.
Public
Corporations
Law
AKD
Notes
-‐
FINALS
st
Amb.
Tolentino
1
Sem
2015-‐2016
Page
19
2. The
proposition
3. The
reasons
therefor
CHAPTER
II
4. That
it
is
not
subject
to
any
of
the
limitations
provided
for
in
Art.
150
of
IRR
Local
Initiative
and
Referendum
5. Signatures
of
petitioners
or
registered
voters
Section
120.
Local
Initiative
Defined.
-‐
Local
initiative
is
the
legal
process
whereby
the
registered
6. A
formal
designation
of
their
duly
authorized
representatives
voters
of
a
local
government
unit
may
directly
propose,
enact,
or
amend
any
ordinance.
7. An
abstract
or
summary
proposition
of
not
more
than
100
words
• Power
to
enact
resolutions
included
in
power
of
initiative
–
includes
ordinances
as
well
as
• Procedure
for
Initiative:
resolutions.
However,
resolutions
are
not
normally
subjected
to
referendum
for
it
may
destroy
the
o Copies
of
Petition
and
Notice
–
efficiency
necessary
to
the
successful
administration
of
the
business
affairs
of
a
city.
• Prov
ordinance
–
furnish
copy
to
provincial
election
supervisor
for
distribution
to
the
election
• Initiative
distinguished
from
referendum
–while
initiative
is
entirely
the
work
of
the
electorate,
registrars
of
the
province
referendum
is
begun
and
consented
by
the
law-‐making
body.
Initiative
is
a
process
of
law-‐making
• City
ordinance
–
furnish
election
registrar
copies
for
distribution
to
barangays
people
themselves
without
the
participation
and
against
the
wishes
of
their
elected
representatives
• Municipal
ordinance
–
furnish
provincial
election
registrar
for
distribution
to
barangays
while
referendum
consists
merely
of
the
electorate
approving
or
rejecting
what
has
been
drawn
up
• Barangay
ordinance
–
furnish
provincial
election
registrar
or
enacted
by
the
legislative
body
• Likewise
furnish
copies
to
COMELEC
in
Manila
o Posting
–
all
election
officers
concerned
shall
cause
posting
conspicuously
in
public
places
in
LGU
Section
121.
Who
May
Exercise.
-‐
The
power
of
local
initiative
and
referendum
may
be
exercised
by
all
concerned
with
notice
of
dates
of
signing
registered
voters
of
the
provinces,
cities,
municipalities,
and
barangays.
o Schedule
of
Signing
Petition
–
Upon
receipt
of
notice
and
petition,
election
officer
concerned
shall
Section
122.
Procedure
in
Local
Initiative.
-‐
schedule
signing
of
the
petition
of
the
LGU.
• Period
of
90
days
–
provinces
and
cities
(a)
Not
less
than
one
thousand
(1,000)
registered
voters
in
case
of
provinces
and
cities,
one
hundred
• 60
days
for
municipalities
(100)
in
case
of
municipalities,
and
fifty
(50)
in
case
of
barangays,
may
file
a
petition
with
the
• 30
days
for
barangays
sanggunian
concerned
proposing
the
adoption,
enactment,
repeal,
or
amendment
of
an
ordinance.
o Signature
stations
–
stations
for
collecting
signatures
may
be
established
as
far
as
practicable
in
public
school
buildings
nearest
residences
of
voters
[1
station
per
10
precinct]
(b)
If
no
favorable
action
thereon
is
taken
by
the
sanggunian
concerned
within
thirty
(30)
days
from
o Procedure
for
Signing
of
Petition
–
signed
before
the
election
registrar,
or
his
representatives,
in
its
presentation,
the
proponents,
through
their
duly
authorized
and
registered
representatives,
may
the
presence
of
a
representative
of
the
proponent
and
a
representative
of
the
sanggunian
invoke
their
power
of
initiative,
giving
notice
thereof
to
the
sanggunian
concerned.
concerned,
in
a
public
place
in
the
LGU
concerned
(c)
The
proposition
shall
be
numbered
serially
starting
from
Roman
numeral
I.
The
COMELEC
or
its
o Verification
of
Signatures
–
election
registrar
or
representatives
shall
verify
genuineness
and
designated
representative
shall
extend
assistance
in
the
formulation
of
the
proposition.
authenticity
of
signatures
by
referring
to
book
of
voters,
voter’s
affidavits
and
voters
ID.
o Certification
of
Number
of
Registered
Voters
–
Election
Records
and
Statistics
Dept.
of
COMELEC
(d)
Two
(2)
or
more
propositions
may
be
submitted
in
an
initiative.
shall
certify
the
total
number
of
registered
voters
in
the
constituency
to
which
the
initiative
pertains.
(e)
Proponents
shall
have
ninety
(90)
days
in
case
of
provinces
and
cities,
sixty
(60)
days
in
case
of
o Number
of
signatures
required:
municipalities,
and
thirty
(30)
days
in
case
of
barangays,
from
notice
mentioned
in
subsection
(b)
hereof
to
collect
the
required
number
of
signatures.
(f)
The
petition
shall
be
signed
before
the
• Local
initiative
affecting
an
ordinance
by
sanggunian
of
province
or
city
deemed
validly
election
registrar.
or
his
designated
representatives,
in
the
presence
of
a
representative
of
the
initiated
if
petition
is
signed
at
least
10%
of
registered
voters
in
prov
or
city
where
every
proponent,
and
a
representative
of
the
sanggunian
concerned
in
a
public
place
in
the
local
legislative
district
is
represented
by
at
least
3%
of
registered
voters
therein
government
unit,
as
the
case
may
be.
Stations
for
collecting
signatures
may
be
established
in
as
• An
initiative
on
municipal
ordinance
at
least
10%
of
registered
voters
in
the
municipality
of
many
places
as
may
be
warranted.
which
every
barangay
is
represented
by
at
least
3%
• An
initiative
on
barangay
ordinance
is
deemed
valid
if
signed
by
at
least
10%
of
the
registered
(g)
Upon
the
lapse
of
the
period
herein
provided,
the
COMELEC,
through
its
office
in
the
local
voters
of
said
barangay.
government
unit
concerned,
shall
certify
as
to
whether
or
not
the
required
number
of
signatures
has
o Determination
of
Percentage
and
Certification
and
Action
of
COMELEC.
–
Comelec
thru
office
in
been
obtained.
Failure
to
obtain
the
required
number
defeats
the
proposition.
LGU
concerned,
shall
determine
and
certify
within
15
days
o Call
for
initiative
by
COMELEC
–
if
required
signatures
obtained,
COMELEC
set
date
for
inititative
(h)
If
the
required
number
of
signatures
is
obtained,
the
COMELEC
shall
then
set
a
date
for
the
during
which
the
proposition
shall
be
submitted
for
approval
within
60
days
[prov
and
cities],
45
initiative
during
which
the
proposition
shall
be
submitted
to
the
registered
voters
in
the
local
days
[mun],
and
30
days
[barangay]
government
unit
concerned
for
their
approval
within
sixty
(60)
days
from
the
date
of
certification
by
•
the
COMELEC,
as
provided
in
subsection
(g)
hereof,
in
case
of
provinces
and
cities,
forty-‐five
(45)
days
in
case
of
municipalities,
and
thirty
(30)
days
in
case
of
barangays.
The
initiative
shall
then
be
Section
123.
Effectivity
of
Local
Propositions.
-‐
If
the
proposition
is
approved
by
a
majority
of
the
votes
held
on
the
date
set,
after
which
the
results
thereof
shall
be
certified
and
proclaimed
by
the
cast,
it
shall
take
effect
fifteen
(15)
days
after
certification
by
the
COMELEC
as
if
affirmative
action
COMELEC.
thereon
had
been
made
by
the
sanggunian
and
local
chief
executive
concerned.
If
it
fails
to
obtain
said
number
of
votes,
the
proposition
is
considered
defeated.
• Form
of
petition
–
the
petition
shall
contain
the
following:
1. Contents
or
text
of
the
proposed
ordinance
sought
to
be
enacted,
approved
or
rejected,
Section
124.
Limitations
on
Local
Initiative.
-‐
amended
or
repealed,
as
the
case
may
be
Public
Corporations
Law
AKD
Notes
-‐
FINALS
st
Amb.
Tolentino
1
Sem
2015-‐2016
Page
20
(a)
The
power
of
local
initiative
shall
not
be
exercised
more
than
once
a
year.
Section
138.
Tax
on
Sand,
Gravel
and
Other
Quarry
Resources.
-‐
The
province
may
levy
and
collect
not
more
than
ten
percent
(10%)
of
fair
market
value
in
the
locality
per
cubic
meter
of
ordinary
stones,
(b)
Initiative
shall
extend
only
to
subjects
or
matters
which
are
within
the
legal
powers
of
the
sand,
gravel,
earth,
and
other
quarry
resources,
as
defined
under
the
National
Internal
Revenue
Code,
sanggunian
to
enact.
as
amended,
extracted
from
public
lands
or
from
the
beds
of
seas,
lakes,
rivers,
streams,
creeks,
and
(c)
If
at
any
time
before
the
initiative
is
held,
the
sanggunian
concerned
adopts
in
toto
the
other
public
waters
within
its
territorial
jurisdiction.
proposition
presented
and
the
local
chief
executive
approves
the
same,
the
initiative
shall
be
The
permit
to
extract
sand,
gravel
and
other
quarry
resources
shall
be
issued
exclusively
by
the
cancelled.
However,
those
against
such
action
may,
if
they
so
desire,
apply
for
initiative
in
the
provincial
governor,
pursuant
to
the
ordinance
of
the
sangguniang
panlalawigan.
manner
herein
provided.
The
proceeds
of
the
tax
on
sand,
gravel
and
other
quarry
resources
shall
be
distributed
as
follows:
Section
125.
Limitations
upon
Sanggunians.
-‐
Any
proposition
or
ordinance
approved
through
the
(1)
Province
-‐
Thirty
percent
(30%);
system
of
initiative
and
referendum
as
herein
provided
shall
not
be
repealed,
modified
or
amended
by
(2)
Component
City
or
Municipality
where
the
sand,
gravel,
and
other
quarry
resources
are
the
sanggunian
concerned
within
six
(6)
months
from
the
date
of
the
approval
thereof,
and
may
be
extracted
-‐
Thirty
percent
(30%);
and
amended,
modified
or
repealed
by
the
sanggunian
within
three
(3)
years
thereafter
by
a
vote
of
three-‐ (3)
Barangay
where
the
sand,
gravel,
and
other
quarry
resources
are
extracted
-‐
Forty
percent
fourths
(3/4)
of
all
its
members:
Provided,
That
in
case
of
barangays,
the
period
shall
be
eighteen
(18)
(40%).
months
after
the
approval
thereof.
Section
139.
Professional
Tax.
-‐
Section
126.
Local
Referendum
Defined.
-‐
Local
referendum
is
the
legal
process
whereby
the
registered
voters
of
the
local
government
units
may
approve,
amend
or
reject
any
ordinance
enacted
by
the
(a)
The
province
may
levy
an
annual
professional
tax
on
each
person
engaged
in
the
exercise
or
sanggunian.
practice
of
his
profession
requiring
government
examination
at
such
amount
and
reasonable
classification
as
the
sangguniang
panlalawigan
may
determine
but
shall
in
no
case
exceed
Three
The
local
referendum
shall
be
held
under
the
control
and
direction
of
the
COMELEC
within
sixty
(60)
hundred
pesos
(P300.00).
days
in
case
of
provinces
and
cities,
forty-‐five
(45)
days
in
case
of
municipalities
and
thirty
(30)
days
in
case
of
barangays.
(b)
Every
person
legally
authorized
to
practice
his
profession
shall
pay
the
professional
tax
to
the
province
where
he
practices
his
profession
or
where
he
maintains
his
principal
office
in
case
he
The
COMELEC
shall
certify
and
proclaim
the
results
of
the
said
referendum.
practices
his
profession
in
several
places:
Provided,
however,
That
such
person
who
has
paid
the
Section
127.
Authority
of
Courts.
-‐
Nothing
in
this
Chapter
shall
prevent
or
preclude
the
proper
courts
corresponding
professional
tax
shall
be
entitled
to
practice
his
profession
in
any
part
of
the
from
declaring
null
and
void
any
proposition
approved
pursuant
to
this
Chapter
for
violation
of
the
Philippines
without
being
subjected
to
any
other
national
or
local
tax,
license,
or
fee
for
the
practice
Constitution
or
want
of
capacity
of
the
sanggunian
concerned
to
enact
the
said
measure.
of
such
profession.
CHAPTER
II
(c)
Any
individual
or
corporation
employing
a
person
subject
to
professional
tax
shall
require
Specific
Provisions
on
the
Taxing
and
Other
Revenue-‐Raising
Powers
of
Local
Government
Units
payment
by
that
person
of
the
tax
on
his
profession
before
employment
and
annually
thereafter.
ARTICLE
I
(d)
The
professional
tax
shall
be
payable
annually,
on
or
before
the
thirty-‐first
(31st)
day
of
January.
Provinces
Any
person
first
beginning
to
practice
a
profession
after
the
month
of
January
must,
however,
pay
the
full
tax
before
engaging
therein.
A
line
of
profession
does
not
become
exempt
even
if
conducted
Section
134.
Scope
of
Taxing
Powers.
-‐
Except
as
otherwise
provided
in
this
Code,
the
province
may
with
some
other
profession
for
which
the
tax
has
been
paid.
Professionals
exclusively
employed
in
levy
only
the
taxes,
fees,
and
charges
as
provided
in
this
Article.
the
government
shall
be
exempt
from
the
payment
of
this
tax.
Section
135.
Tax
on
Transfer
of
Real
Property
Ownership.
(e)
Any
person
subject
to
the
professional
tax
shall
write
in
deeds,
receipts,
prescriptions,
reports,
books
of
account,
plans
and
designs,
surveys
and
maps,
as
the
case
may
be,
the
number
of
the
official
(a)
The
province
may
impose
a
tax
on
the
sale
,
donation,
barter,
or
on
any
other
mode
of
receipt
issued
to
him.
transferring
ownership
or
title
of
real
property
at
the
rate
of
not
more
than
fifty
percent
(50%)
of
the
one
percent
(1%)
of
the
total
consideration
involved
in
the
acquisition
of
the
property
or
of
the
Section
140.
Amusement
Tax.
-‐
fair
market
value
in
case
the
monetary
consideration
involved
in
the
transfer
is
not
substantial,
whichever
is
higher.
The
sale,
transfer
or
other
disposition
of
real
property
pursuant
to
R.A.
No.
(a)
The
province
may
levy
an
amusement
tax
to
be
collected
from
the
proprietors,
lessees,
or
6657
shall
be
exempt
from
this
tax.
operators
of
theaters,
cinemas,
concert
halls,
circuses,
boxing
stadia,
and
other
places
of
amusement
at
a
rate
of
not
more
than
thirty
percent
(30%)
of
the
gross
receipts
from
admission
fees.
(b)
For
this
purpose,
the
Register
of
Deeds
of
the
province
concerned
shall,
before
registering
any
deed,
require
the
presentation
of
the
evidence
of
payment
of
this
tax.
The
provincial
assessor
shall
(b)
In
the
case
of
theaters
or
cinemas,
the
tax
shall
first
be
deducted
and
withheld
by
their
likewise
make
the
same
requirement
before
cancelling
an
old
tax
declaration
and
issuing
a
new
one
proprietors,
lessees,
or
operators
and
paid
to
the
provincial
treasurer
before
the
gross
receipts
are
in
place
thereof,
Notaries
public
shall
furnish
the
provincial
treasurer
with
a
copy
of
any
deed
divided
between
said
proprietors,
lessees,
or
operators
and
the
distributors
of
the
cinematographic
transferring
ownership
or
title
to
any
real
property
within
thirty
(30)
days
from
the
date
of
films.
notarization.
(c)
The
holding
of
operas,
concerts,
dramas,
recitals,
painting
and
art
exhibitions,
flower
shows,
It
shall
be
the
duty
of
the
seller,
donor,
transferor,
executor
or
administrator
to
pay
the
tax
herein
musical
programs,
literary
and
oratorical
presentations,
except
pop,
rock,
or
similar
concerts
shall
imposed
within
sixty
(60)
days
from
the
date
of
the
execution
of
the
deed
or
from
the
date
of
the
be
exempt
from
the
payment
of
the
tax
hereon
imposed.
decedent's
death.
Public
Corporations
Law
AKD
Notes
-‐
FINALS
st
Amb.
Tolentino
1
Sem
2015-‐2016
Page
21
(d)
The
sangguniang
panlalawigan
may
prescribe
the
time,
manner,
terms
and
conditions
for
the
(2)
On
places
of
recreation
which
charge
admission
fees;
and
payment
of
tax.
In
case
of
fraud
or
failure
to
pay
the
tax,
the
sangguniang
panlalawigan
may
impose
(3)
On
billboards,
signboards,
neon
signs,
and
outdoor
advertisements.
such
surcharges,
interest
and
penalties
as
it
may
deem
appropriate.
ARTICLE
VI
(e)
The
proceeds
from
the
amusement
tax
shall
be
shared
equally
by
the
province
and
the
Community
Tax
municipality
where
such
amusement
places
are
located.
Section
156.
Community
Tax.
-‐
Cities
or
municipalities
may
levy
a
community
tax
in
accordance
with
Section
141.
Annual
Fixed
Tax
For
Every
Delivery
Truck
or
Van
of
Manufacturers
or
Producers,
the
provisions
of
this
Article.
Wholesalers
of,
Dealers,
or
Retailers
in,
Certain
Products.
-‐
Section
157.
Individuals
Liable
to
Community
Tax.
-‐
Every
inhabitant
of
the
Philippines
eighteen
(18)
(a)
The
province
may
levy
an
annual
fixed
tax
for
every
truck,
van
or
any
vehicle
used
by
years
of
age
or
over
who
has
been
regularly
employed
on
a
wage
or
salary
basis
for
at
least
thirty
(30)
manufacturers,
producers,
wholesalers,
dealers
or
retailers
in
the
delivery
or
distribution
of
distilled
consecutive
working
days
during
any
calendar
year,
or
who
is
engaged
in
business
or
occupation,
or
spirits,
fermented
liquors,
soft
drinks,
cigars
and
cigarettes,
and
other
products
as
may
be
who
owns
real
property
with
an
aggregate
assessed
value
of
One
thousand
pesos
(P1,000.00)
or
more,
determined
by
the
sangguniang
panlalawigan,
to
sales
outlets,
or
consumers,
whether
directly
or
or
who
is
required
by
law
to
file
an
income
tax
return
shall
pay
an
annual
additional
tax
of
Five
pesos
indirectly,
within
the
province
in
an
amount
not
exceeding
Five
hundred
pesos
(P500.00).
(P5.00)
and
an
annual
additional
tax
of
One
peso
(P1.00)
for
every
One
thousand
pesos
(P1,000.00)
of
income
regardless
of
whether
from
business,
exercise
of
profession
or
from
property
which
in
no
case
(b)
The
manufacturers,
producers,
wholesalers,
dealers
and
retailers
referred
to
in
the
immediately
shall
exceed
Five
thousand
pesos
(P5,000.00).
foregoing
paragraph
shall
be
exempt
from
the
tax
on
peddlers
prescribed
elsewhere
in
this
Code.
In
the
case
of
husband
and
wife,
the
additional
tax
herein
imposed
shall
be
based
upon
the
total
Section
144.
Rates
of
Tax
within
the
Metropolitan
Manila
Area.
-‐
The
municipalities
within
the
property
owned
by
them
and
the
total
gross
receipts
or
earnings
derived
by
them.
Metropolitan
Manila
Area
may
levy
taxes
at
rates
which
shall
not
exceed
by
fifty
percent
(50%)
the
maximum
rates
prescribed
in
the
preceding
Section.
CHAPTER
VII
Katarungang
Pambarangay
ARTICLE
III
Cities
Section
399.
Lupong
Tagapamayapa.
-‐
Section
151.
Scope
of
Taxing
Powers.
-‐
Except
as
otherwise
provided
in
this
Code,
the
city,
may
levy
the
(a)
There
is
hereby
created
in
each
barangay
a
lupong
tagapamayapa,
hereinafter
referred
to
as
the
taxes,
fees,
and
charges
which
the
province
or
municipality
may
impose:
Provided,
however,
That
the
lupon,
composed
of
the
punong
barangay,
as
chairman
and
ten
(10)
to
twenty
(20)
members.
The
taxes,
fees
and
charges
levied
and
collected
by
highly
urbanized
and
independent
component
cities
lupon
shall
be
constituted
every
three
(3)
years
in
the
manner
provided
herein.
shall
accrue
to
them
and
distributed
in
accordance
with
the
provisions
of
this
Code.
(b)
Any
person
actually
residing
or
working,
in
the
barangay,
not
otherwise
expressly
disqualified
by
The
rates
of
taxes
that
the
city
may
levy
may
exceed
the
maximum
rates
allowed
for
the
province
or
law,
and
possessing
integrity,
impartiality,
independence
of
mind,
sense
of
fairness,
and
reputation
municipality
by
not
more
than
fifty
percent
(50%)
except
the
rates
of
professional
and
amusement
for
probity,
may
be
appointed
a
member
of
the
lupon.
taxes.
(c)
A
notice
to
constitute
the
lupon,
which
shall
include
the
names
of
proposed
members
who
have
ARTICLE
IV
expressed
their
willingness
to
serve,
shall
be
prepared
by
the
punong
barangay
within
the
first
Barangays
fifteen
(15)
days
from
the
start
of
his
term
of
office.
Such
notice
shall
be
posted
in
three
(3)
conspicuous
places
in
the
barangay
continuously
for
a
period
of
not
less
than
three
(3)
weeks;
Section
152.
Scope
of
Taxing
Powers.
-‐
The
barangays
may
levy
taxes,
fees,
and
charges,
as
provided
in
this
Article,
which
shall
exclusively
accrue
to
them:
(d)
The
punong
barangay,
taking
into
consideration
any
opposition
to
the
proposed
appointment
or
any
recommendations
for
appointment
as
may
have
been
made
within
the
period
of
posting,
shall
(a)
Taxes
-‐
On
stores
or
retailers
with
fixed
business
establishments
with
gross
sales
of
receipts
of
within
ten
(10)
days
thereafter,
appoint
as
members
those
whom
he
determines
to
be
suitable
the
preceding
calendar
year
of
Fifty
thousand
pesos
(P50,000.00)
or
less,
in
the
case
of
cities
and
therefor.
Appointments
shall
be
in
writing,
signed
by
the
punong
barangay,
and
attested
to
by
the
Thirty
thousand
pesos
(P30,000.00)
or
less,
in
the
case
of
municipalities,
at
a
rate
not
exceeding
one
barangay
secretary.
percent
(1%)
on
such
gross
sales
or
receipts.
(e)
The
list
of
appointed
members
shall
be
posted
in
three
(3)
conspicuous
places
in
the
barangay
for
(b)
Service
Fees
or
Charges.
-‐
Barangays
may
collect
reasonable
fees
or
charges
for
services
the
entire
duration
of
their
term
of
office;
and
rendered
in
connection
with
the
regulations
or
the
use
of
barangay-‐owned
properties
or
service
facilities
such
as
palay,
copra,
or
tobacco
dryers.
(f)
In
barangays
where
majority
of
the
inhabitants
are
members
of
indigenous
cultural
communities,
local
systems
of
settling
disputes
through
their
councils
of
datus
or
elders
shall
be
recognized
(c)
Barangay
Clearance.
-‐
No
city
or
municipality
may
issue
any
license
or
permit
for
any
business
or
without
prejudice
to
the
applicable
provisions
of
this
Code.
activity
unless
a
clearance
is
first
obtained
from
the
barangay
where
such
business
or
activity
is
located
or
conducted.
For
such
clearance,
the
sangguniang
barangay
may
impose
a
reasonable
fee.
Section
400.
Oath
and
Term
of
Office.
-‐
Upon
appointment,
each
lupon
member
shall
take
an
oath
of
The
application
for
clearance
shall
be
acted
upon
within
seven
(7)
working
days
from
the
filing
office
before
the
punong
barangay.
He
shall
hold
office
until
a
new
lupon
is
constituted
on
the
third
thereof.
In
the
event
that
the
clearance
is
not
issued
within
the
said
period,
the
city
or
municipality
year
following
his
appointment
unless
sooner
terminated
by
resignation,
transfer
of
residence
or
place
may
issue
the
said
license
or
permit.
of
work,
or
withdrawal
of
appointment
by
the
punong
barangay
with
the
concurrence
of
the
majority
of
all
the
members
of
the
lupon.
(d)
Other
fees
and
Charges.
-‐
The
barangay
may
levy
reasonable
fees
and
charges:
(1)
On
commercial
breeding
of
fighting
cocks,
cockfights
and
cockpits;
Public
Corporations
Law
AKD
Notes
-‐
FINALS
st
Amb.
Tolentino
1
Sem
2015-‐2016
Page
22
Section
401.
Vacancies.
-‐
Should
a
vacancy
occur
in
the
lupon
for
any
cause,
the
punong
barangay
shall
Section
408.
Subject
Matter
for
Amicable
Settlement;
Exception
Thereto.
-‐
The
lupon
of
each
barangay
immediately
appoint
a
qualified
person
who
shall
hold
office
only
for
the
unexpired
portion
of
the
term.
shall
have
authority
to
bring
together
the
parties
actually
residing
in
the
same
city
or
municipality
for
amicable
settlement
of
all
disputes
except:
Section
402.
Functions
of
the
Lupon.
-‐
The
lupon
shall:
(a)
Where
one
party
is
the
government,
or
any
subdivision
or
instrumentality
thereof;
(a)
Exercise
administrative
supervision
over
the
conciliation
panels
provided
herein;
(b)
Where
one
party
is
a
public
officer
or
employee,
and
the
dispute
relates
to
the
performance
of
his
(b)
Meet
regularly
once
a
month
to
provide
a
forum
for
exchange
of
ideas
among
its
members
and
official
functions;
the
public
on
matters
relevant
to
the
amicable
settlement
of
disputes,
and
to
enable
various
conciliation
panel
members
to
share
with
one
another
their
observations
and
experiences
in
(c)
Offenses
punishable
by
imprisonment
exceeding
one
(1)
year
or
a
fine
exceeding
Five
thousand
effecting
speedy
resolution
of
disputes;
and
pesos
(P5,000.00);
(c)
Exercise
such
other
powers
and
perform
such
other
duties
and
functions
as
may
be
prescribed
by
(d)
Offenses
where
there
is
no
private
offended
party;
law
or
ordinance.
(e)
Where
the
dispute
involves
real
properties
located
in
different
cities
or
municipalities
unless
the
Section
403.
Secretary
of
the
Lupon.
-‐
The
barangay
secretary
shall
concurrently
serve
as
the
secretary
parties
thereto
agree
to
submit
their
differences
to
amicable
settlement
by
an
appropriate
lupon;
of
the
lupon.
He
shall
record
the
results
of
mediation
proceedings
before
the
punong
barangay
and
shall
submit
a
report
thereon
to
the
proper
city
or
municipal
courts.
He
shall
also
receive
and
keep
the
(f)
Disputes
involving
parties
who
actually
reside
in
barangays
of
different
cities
or
municipalities,
records
of
proceedings
submitted
to
him
by
the
various
conciliation
panels.
except
where
such
barangay
units
adjoin
each
other
and
the
parties
thereto
agree
to
submit
their
differences
to
amicable
settlement
by
an
appropriate
lupon;
Section
404.
Pangkat
ng
Tagapagkasundo.
-‐
(g)
Such
other
classes
of
disputes
which
the
President
may
determine
in
the
interest
of
Justice
or
(a)
There
shall
be
constituted
for
each
dispute
brought
before
the
lupon
a
conciliation
panel
to
be
upon
the
recommendation
of
the
Secretary
of
Justice.
known
as
the
pangkat
ng
tagapagkasundo,
hereinafter
referred
to
as
the
pangkat,
consisting
of
three
(3)
members
who
shall
be
chosen
by
the
parties
to
the
dispute
from
the
list
of
members
of
the
lupon.
The
court
in
which
non-‐criminal
cases
not
falling
within
the
authority
of
the
lupon
under
this
Code
are
filed
may,
at
any
time
before
trial
motu
propio
refer
the
case
to
the
lupon
concerned
for
amicable
Should
the
parties
fail
to
agree
on
the
pangkat
membership,
the
same
shall
be
determined
by
lots
settlement.
drawn
by
the
lupon
chairman.
Section
409.
Venue.
-‐
(b)
The
three
(3)
members
constituting
the
pangkat
shall
elect
from
among
themselves
the
chairman
and
the
secretary.
The
secretary
shall
prepare
the
minutes
of
the
pangkat
proceedings
and
submit
a
(a)
Disputes
between
persons
actually
residing
in
the
same
barangay
shall
be
brought
for
amicable
copy
duly
attested
to
by
the
chairman
to
the
lupon
secretary
and
to
the
proper
city
or
municipal
settlement
before
the
lupon
of
said
barangay.
court.
He
shall
issue
and
cause
to
be
served
notices
to
the
parties
concerned.
(b)
Those
involving
actual
residents
of
different
barangays
within
the
same
city
or
municipality
shall
The
lupon
secretary
shall
issue
certified
true
copies
of
any
public
record
in
his
custody
that
is
not
by
be
brought
in
the
barangay
where
the
respondent
or
any
of
the
respondents
actually
resides,
at
the
law
otherwise
declared
confidential.
election
of
the
complaint.
Section
405.
Vacancies
in
the
Pangkat.
-‐
Any
vacancy
in
the
pangkat
shall
be
chosen
by
the
parties
to
(c)
All
disputes
involving
real
property
or
any
interest
therein
shall
be
brought
in
the
barangay
the
dispute
from
among
the
other
lupon
members.
Should
the
parties
fail
to
agree
on
a
common
choice,
where
the
real
property
or
the
larger
portion
thereof
is
situated.
the
vacancy
shall
be
filled
by
lot
to
be
drawn
by
the
lupon
chairman.
(d)
Those
arising
at
the
workplace
where
the
contending
parties
are
employed
or
at
the
institution
Section
406.
Character
of
Office
and
Service
of
Lupon
Members.
-‐
where
such
parties
are
enrolled
for
study,
shall
be
brought
in
the
barangay
where
such
workplace
or
institution
is
located.
(a)
The
lupon
members,
while
in
the
performance
of
their
official
duties
or
on
the
occasion
thereof,
shall
be
deemed
as
persons
in
authority,
as
defined
in
the
Revised
Penal
Code.
Objections
to
venue
shall
be
raised
in
the
mediation
proceedings
before
the
punong
barangay;
otherwise,
the
same
shall
be
deemed
waived.
Any
legal
question
which
may
confront
the
punong
(b)
The
lupon
or
pangkat
members
shall
serve
without
compensation,
except
as
provided
for
in
barangay
in
resolving
objections
to
venue
herein
referred
to
may
be
submitted
to
the
Secretary
of
Section
393
and
without
prejudice
to
incentives
as
provided
for
in
this
Section
and
in
Book
IV
of
this
Justice,
or
his
duly
designated
representative,
whose
ruling
thereon
shall
be
binding.
Code.
The
Department
of
the
Interior
and
Local
Government
shall
provide
for
a
system
of
granting
economic
or
other
incentives
to
the
lupon
or
pangkat
members
who
adequately
demonstrate
the
Section
410.
Procedure
for
Amicable
Settlement.
-‐
ability
to
judiciously
and
expeditiously
resolve
cases
referred
to
them.
While
in
the
performance
of
(a)
Who
may
initiate
proceeding
-‐
Upon
payment
of
the
appropriate
filing
fee,
any
individual
who
their
duties,
the
lupon
or
pangkat
members,
whether
in
public
or
private
employment,
shall
be
has
a
cause
of
action
against
another
individual
involving
any
matter
within
the
authority
of
the
deemed
to
be
on
official
time,
and
shall
not
suffer
from
any
diminution
in
compensation
or
lupon
may
complain,
orally
or
in
writing,
to
the
lupon
chairman
of
the
barangay.
allowance
from
said
employment
by
reason
thereof.
(b)
Mediation
by
lupon
chairman
-‐
Upon
receipt
of
the
complaint,
the
lupon
chairman
shall
within
Section
407.
Legal
Advice
on
Matters
Involving
Questions
of
Law.
-‐
The
provincial,
city
legal
officer
or
the
next
working
day
summon
the
respondent(s),
with
notice
to
the
complainant(s)
for
them
and
prosecutor
or
the
municipal
legal
officer
shall
render
legal
advice
on
matters
involving
questions
of
law
their
witnesses
to
appear
before
him
for
a
mediation
of
their
conflicting
interests.
If
he
fails
in
his
to
the
punong
barangay
or
any
lupon
or
pangkat
member
whenever
necessary
in
the
exercise
of
his
mediation
effort
within
fifteen
(15)
days
from
the
first
meeting
of
the
parties
before
him,
he
shall
functions
in
the
administration
of
the
katarungang
pambarangay.
Public
Corporations
Law
AKD
Notes
-‐
FINALS
st
Amb.
Tolentino
1
Sem
2015-‐2016
Page
23
forthwith
set
a
date
for
the
constitution
of
the
pangkat
in
accordance
with
the
provisions
of
this
repudiated
within
five
(5)
days
from
the
date
thereof
for
the
same
grounds
and
in
accordance
with
Chapter.
the
procedure
hereinafter
prescribed.
The
arbitration
award
shall
be
made
after
the
lapse
of
the
period
for
repudiation
and
within
ten
(10)
days
thereafter.
(c)
Suspension
of
prescriptive
period
of
offenses
-‐
While
the
dispute
is
under
mediation,
conciliation,
or
arbitration,
the
prescriptive
periods
for
offenses
and
cause
of
action
under
existing
laws
shall
be
(b)
The
arbitration
award
shall
be
in
writing
in
a
language
or
dialect
known
to
the
parties.
When
the
interrupted
upon
filing
the
complaint
with
the
punong
barangay.
The
prescriptive
periods
shall
parties
to
the
dispute
do
not
use
the
same
language
or
dialect,
the
award
shall
be
written
in
the
resume
upon
receipt
by
the
complainant
of
the
complainant
or
the
certificate
of
repudiation
or
of
the
language
or
dialect
known
to
them.
certification
to
file
action
issued
by
the
lupon
or
pangkat
secretary:
Provided,
however,
That
such
interruption
shall
not
exceed
sixty
(60)
days
from
the
filing
of
the
complaint
with
the
punong
Section
414.
Proceedings
Open
to
the
Public;
Exception.
-‐
All
proceedings
for
settlement
shall
be
public
barangay.
and
informal:
Provided,
however,
That
the
lupon
chairman
or
the
pangkat
chairman,
as
the
case
may
be,
may
motu
proprio
or
upon
request
of
a
party,
exclude
the
public
from
the
proceedings
in
the
(d)
Issuance
of
summons;
hearing;
grounds
for
disqualification
-‐
The
pangkat
shall
convene
not
later
interest
of
privacy,
decency,
or
public
morals.
than
three
(3)
days
from
its
constitution,
on
the
day
and
hour
set
by
the
lupon
chairman,
to
hear
both
parties
and
their
witnesses,
simplify
issues,
and
explore
all
possibilities
for
amicable
Section
415.
Appearance
of
Parties
in
Person.
-‐
In
all
katarungang
pambarangay
proceedings,
the
settlement.
For
this
purpose,
the
pangkat
may
issue
summons
for
the
personal
appearance
of
parties
parties
must
appear
in
person
without
the
assistance
of
counsel
or
representative,
except
for
minors
and
witnesses
before
it.
In
the
event
that
a
party
moves
to
disqualify
any
member
of
the
pangkat
by
and
incompetents
who
may
be
assisted
by
their
next-‐of-‐kin
who
are
not
lawyers.
reason
of
relationship,
bias,
interest,
or
any
other
similar
grounds
discovered
after
the
constitution
Section
416.
Effect
of
Amicable
Settlement
and
Arbitration
Award.
-‐
The
amicable
settlement
and
of
the
pangkat,
the
matter
shall
be
resolved
by
the
affirmative
vote
of
the
majority
of
the
pangkat
arbitration
award
shall
have
the
force
and
effect
of
a
final
judgment
of
a
court
upon
the
expiration
of
whose
decision
shall
be
final.
Should
disqualification
be
decided
upon,
the
resulting
vacancy
shall
be
ten
(10)
days
from
the
date
thereof,
unless
repudiation
of
the
settlement
has
been
made
or
a
petition
to
filled
as
herein
provided
for.
nullify
the
award
has
been
filed
before
the
proper
city
or
municipal
court.
(e)
Period
to
arrive
at
a
settlement
-‐
The
pangkat
shall
arrive
at
a
settlement
or
resolution
of
the
However,
this
provision
shall
not
apply
to
court
cases
settled
by
the
lupon
under
the
last
paragraph
of
dispute
within
fifteen
(15)
days
from
the
day
it
convenes
in
accordance
with
this
section.
This
period
Section
408
of
this
Code,
in
which
case
the
compromise
or
the
pangkat
chairman
shall
be
submitted
to
shall,
at
the
discretion
of
the
pangkat,
be
extendible
for
another
period
which
shall
not
exceed
fifteen
the
court
and
upon
approval
thereof,
have
the
force
and
effect
of
a
judgment
of
said
court.
(15)
days,
except
in
clearly
meritorious
cases.
Section
417.
Execution.
-‐
The
amicable
settlement
or
arbitration
award
may
be
enforced
by
execution
Section
411.
Form
of
settlement.
-‐
All
amicable
settlements
shall
be
in
writing,
in
a
language
or
dialect
by
the
lupon
within
six
(6)
months
from
the
date
of
the
settlement.
After
the
lapse
of
such
time,
the
known
to
the
parties,
signed
by
them,
and
attested
to
by
the
lupon
chairman
or
the
pangkat
chairman,
settlement
may
be
enforced
by
action
in
the
appropriate
city
or
municipal
court.
as
the
case
may
be.
When
the
parties
to
the
dispute
do
not
use
the
same
language
or
dialect,
the
settlement
shall
be
written
in
the
language
known
to
them.
Section
418.
Repudiation.
-‐
Any
party
to
the
dispute
may,
within
ten
(10)
days
from
the
date
of
the
settlement,
repudiate
the
same
by
filing
with
the
lupon
chairman
a
statement
to
that
effect
sworn
to
Section
412.
Conciliation.
-‐
before
him,
where
the
consent
is
vitiated
by
fraud,
violence,
or
intimidation.
Such
repudiation
shall
be
(a)
Pre-‐condition
to
Filing
of
Complaint
in
Court.
-‐
No
complaint,
petition,
action,
or
proceeding
sufficient
basis
for
the
issuance
of
the
certification
for
filing
a
complaint
as
hereinabove
provided.
involving
any
matter
within
the
authority
of
the
lupon
shall
be
filed
or
instituted
directly
in
court
or
Section
419.
Transmittal
of
Settlement
and
Arbitration.
-‐
Award
to
the
Court.
-‐
The
secretary
of
the
any
other
government
office
for
adjudication,
unless
there
has
been
a
confrontation
between
the
lupon
shall
transmit
the
settlement
or
the
arbitration
award
to
the
appropriate
city
or
municipal
court
parties
before
the
lupon
chairman
or
the
pangkat,
and
that
no
conciliation
or
settlement
has
been
within
five
(5)
days
from
the
date
of
the
award
or
from
the
lapse
of
the
ten-‐day
period
repudiating
the
reached
as
certified
by
the
lupon
secretary
or
pangkat
secretary
as
attested
to
by
the
lupon
or
settlement
and
shall
furnish
copies
thereof
to
each
of
the
parties
to
the
settlement
and
the
lupon
pangkat
chairman
or
unless
the
settlement
has
been
repudiated
by
the
parties
thereto.
chairman.
(b)
Where
Parties
May
Go
Directly
to
Court.
-‐
The
parties
may
go
directly
to
court
in
the
following
Section
420.
Power
to
Administer
Oaths.
-‐
The
punong
barangay,
as
chairman
of
the
lupong
instances:
tagapamayapa,
and
the
members
of
the
pangkat
are
hereby
authorized
to
administer
oaths
in
(1)
Where
the
accused
is
under
detention;
connection
with
any
matter
relating
to
all
proceedings
in
the
implementation
of
the
katarungang
(2)
Where
a
person
has
otherwise
been
deprived
of
personal
liberty
calling
for
habeas
corpus
pambarangay.
proceedings;
(3)
Where
actions
are
coupled
with
provisional
remedies
such
as
preliminary
injunction,
Section
421.
Administration;
Rules
and
Regulations.
-‐
The
city
or
municipal
mayor,
as
the
case
may
be,
attachment,
delivery
of
personal
property
and
support
pendente
lite;
and
shall
see
to
the
efficient
and
effective
implementation
and
administration
of
the
katarungang
(4)
Where
the
action
may
otherwise
be
barred
by
the
statute
of
limitations.
pambarangay.
The
Secretary
of
Justice
shall
promulgate
the
rules
and
regulations
necessary
to
implement
this
Chapter.
(c)
Conciliation
among
members
of
indigenous
cultural
communities.
-‐
The
customs
and
traditions
of
indigenous
cultural
communities
shall
be
applied
in
settling
disputes
between
members
of
the
Section
422.
Appropriations.
-‐
Such
amount
as
may
be
necessary
for
the
effective
implementation
of
cultural
communities.
the
katarungang
pambarangay
shall
be
provided
for
in
the
annual
budget
of
the
city
or
municipality
concerned.
Section
413.
Arbitration.
-‐
(a)
The
parties
may,
at
any
stage
of
the
proceedings,
agree
in
writing
that
they
shall
abide
by
the
arbitration
award
of
the
lupon
chairman
or
the
pangkat.
Such
agreement
to
arbitrate
may
be