Assignment on Legal Research

Lemuel Razalan
JD-1D

1. Where to appeal from the decision of Sangguiniang Bayan in administrative cases?

2. What is the maximum duration of suspension?
3. Can a mayor execute the decision of the Sangguiniang Bayan pending appeal?
4. Can the Sangguiniang Panlalawigan lower the penalty prescribed by the Sangguiniang
Bayan?
5. In the case the decision of the Sangguiniang Bayan was validly executed by the mayor,
will the decision of the Sangguiniang Panlalawigan be a continuation of such suspension?

Answers
1. Section 67 of Local Government code provides that decisions in administrative cases
may, within thirty (30) days from receipt thereof, be appealed to the following: The
Sangguniang Panlalawigan, in the case of decisions of the sangguniang panlungsod of
component cities and the Sangguniang Bayan and 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. Decisions of the Office of the
President shall be final and executory.

2. Letter C of article 127 of administrative order no.270 states that any single preventive
suspension of an elective local official shall not extend beyond sixty (60) days. However
as provided in letter D of the same article, In the event that several administrative cases
are filed against an elective local official, he cannot be placed under preventive
suspension for more than ninety (90) days within a single year on the same ground or
grounds existing and known at the time of the first suspension.

3. Yes, as provided in section 88 of local government code which states that an appeal shall
not prevent the execution of a decision of 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 he had been
deprived thereof.

4. Yes, if there was an appeal from the Sangguiniang Bayan within 30 days as provided in
Article 131 of administrative order nuber 270 then the penalty may be lowered. If no
appeal was made after 30 days then the decision will become final and executory.

5. Yes, as the decision of lower Sangguinian will be a continuation of suspension provided

that there was no appeal that was filed in the Sangguiniang Bayan within 30 days then it
will become final and executory.

References
 https://lga.gov.ph/media/uploads/2/Transparency%40Work/LGC%20of%201991/IRR
%20of%20the%20%20Local%20Government%20Code%20of%201991.pdf
 https://www.lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html