Fencing is a crime of moral turpitude,therefore a ground for disqualification.

( Dela Torrevs COMELEC ) VACCANCIES AND SUCCESSION Section 44 of the LGC.Pertinent Provisions: Paragraph C. A tie between the highest ranking sanggunian members may be drawn bylot.Vacancies and Successions cases: T he sanggunian member who receives the highest ranking on the basis of of the proportion of votes obtained by each candidate to the total number of registered votersin each district should assume the office of the vice governor. ( Victoria vs COMELEC ) V accancy created by a sanggunian bayan member who do not belong to any political party shall be appointed by the governor upon recommendation by the sangguniang bayan. ( Farias vs Barba ) T hough the law is silent on the succession in case of temporary vacancy in the vicegovernor, the mode of succession of permanent vacancies shall be observed. ( Menzonvs Petilla ) T he term last vacancy refers to the vacancy created by a sanggunian member formerly occupying the next higher in rank which in turn also had become vacant by any cause. (Navarro vs Court of Appeals ) DISCIPLINARY ACTIONS Section 60 of LGC.Pertinent Provisions Grounds for any disciplinary action or removal may be the following: a. disloyalty to therepublic;b. culpable violation of the constitution;c. dishonesty,oppression, misconduct inoffice, gross negligence, or dereliction of duty;d. commission of offense involving moralturpitude;e. abuse of authority;f. unauthorized absence for 15 consecutive workingdays;g. Application or acquisition of foreign citizenship.Disciplinary Action cases T he power to remove local officials from service is lodged in the courts. ( Pablico vsVillapando ) PREVENTIVE SUSPENSIONS Section 63 of LGC.Pertinent Provisions W ho may impose preventive suspension The president, if the respondent is an elective official of a province, a highly urbanizedcity or an independent component city. ( Sec.63,par.A[1] ) The governor, if the respondent is an elective official of a component city or municipality.( Sec.63, par A[2] ) The mayor if the respondent is an elective barangay official. ( Sec.63, par A[3] )Cases T he D I LG Secretary, being an alter-ego of the president, may suspend local electiveofficials. ( Ganzon vs Court of Appeals ) T he authority to impose suspension upon a local government official is shared concurrently by the O mbudsman and the O ffice of the president. ( Hagad vs Gozo-Dadole )Difference between the suspension by office of the president and Office of the Ombudsman. SUSPENSION BY OFFICE OF THEPRESIDENTSUSPENSION BY THE OFFICE OF THEOMBUDSMAN B

ased on the Local Government Code B ased on the O mbudsman A ct N ot more than sixty days May extend until 6 monthsEvidence of culpability is strong Evidence of Guilt is strong Extends only to Elective O fficials I ncludes A ppointive O fficialsMore on administrative charges I f the charge involved warrants removal fromoffice or oppression or grave misconduct.Continuance in O ffice of the respondent may influence witnessContinuance in office of the respondent may prejudice the case filed against him A fter the issues has been joined A ny complaint of any form Limitations on Preventive Suspensions ( Sec.63b ) Any single preventive suspension shall not exceed more than 60 days Suspension shall not exceed more than 90 days within a single year on the same groundor grounds if several administrative charges are filed against an elective official. Additional Cases on Preventive Suspensions I f during his suspension, or after its expiration, a local elective official commits another or other crimes and abuses for which proper charges are filed against him by the aggrieved party or parties, his previous suspension shall not be a bar to his being preentively suspended again. ( Ganzon vs CA, supra.) A preventive suspension is not meant to be a penalty but a means taken to insure the proper and impartial conduct of investigation. ( Yabut vs Ombudsman ) R eelection of an elective official is a condonation of the administrative charges filed against him during his previous term . ( Aguinaldo Doctrine )

R emoval cannot extend beyond the term during which the alleged misconduct wasconducted. ( Reyes vs COMELEC ) APPEALS ON ADMINISTRATIVE CHARGES Section 67 of LGC. W hen to appeal Appeals shall be made within 30 days from the receipt of the decision. W here to appealTo the Sangguniang Panlalawigan in case of decisions of sangguniang panlungsod of component cities and sangguniang bayan ( Sec.67a )To the Office of the president in case of decisions of sangguniang panlalawigan or sangguniangpanlungsod of highly urbanized cities. Decisions of the office of the president shall be final andexecutory.( Sec 67b ) EXECUTION PENDING APPEAL An appeal does not prevent a decision from becoming final and executory. In the event therespondent is exonerated, he shall be paid his salary and such other emoluments during thependency of the appeal.Related Cases: A ppeals in administrative cases decided by the sangguniang panlalawigan shall only befiled within the office of the president.

( Malinao vs COMELEC ). A n oath of office is a qualifying requirement for a public office;a prerequisite to the full investiture with the office. I t is only when the public officer has satisfied the prerequisiteof oath that his right to enter into the position becomes plenary and complete. O nce proclaimed and duly sworn into office, a public officer is entitled to assume office and toexercise functions thereof. T he pendency of an election protest is not sufficient basis toenjoin him from assuming office or from discharging his functions. Unless the election isannulled by a final and executory decision, or a valid execution of an order unseating him pending appeal is issued, he has the lawful right to assume and perform the dutiesof the office to which he has been elected. ( Mendoza vs Laxina, supra.) R e taking of an oath of office is a mere formality and is not a condition sine qua non tothe validity of re assumption into office. ( Mendoza vs Laxina ) PROHIBITED OFFICES, APPOINTMENTS, BUSINESSES, ETC.