Académique Documents
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PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
(c) The local chief executive may veto an ordinance or resolution only once. SECTION 56. REVIEW OF COMPONENT CITY
The sanggunian may override the veto of the local chief executive concerned
by two-thirds (2/3) vote of all its members, thereby making the ordinance AND MUNICIPAL ORDINANCES OR
effective even without the approval of the local chief executive concerned.
RESOLUTIONS BY THE SANGGUNIANG
Upon what ground can a LCE veto? PANLALAWIGAN
- When it is ultra vires or prejudicial to the public welfare.
- The LCE must state his reason/s in writing. (a) Within three (3) days after approval, the secretary to the sanggunian
panlungsod or sangguniang bayan shall forward to the sangguniang
Who can veto? panlalawigan for review, copies of approved ordinances and the resolutions
General rule: Any LCE approving the local development plans and public investment programs
Exception: Punong barangay formulated by the local development councils.
How many times can the LCE veto? (b) Within thirty (30) days after the receipt of copies of such ordinances and
- Only once. resolutions, the sangguniang panlalawigan shall examine the documents or
transmit them to the provincial attorney, or if there be none, to the provincial
prosecutor for prompt examination. The provincial attorney or provincial
prosecutor shall, within a period of ten (10) days from receipt of the
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documents, inform the sangguniang panlalawigan in writing of his comments What court has the right to exercise judicial review?
or recommendations, which may be considered by the sangguniang - The Regional Trial Court
panlalawigan in making its decision.
Examination of approved ordinances and resolutions
(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 ordinance or
Within 30 days AFTER the receipt of The provincial attorney or provincial
resolution invalid in whole or in part. The sangguniang panlalawigan shall the copies, the sanggunian prosecutor shall, within a period of 10
panlalawigan shall examine the days FROM THE RECEIPT, inform
enter its action in the minutes and shall advise the corresponding city or documents or transmit them to the the sanggunian panlalawigan in
municipal authorities of the action it has taken. provincial attorney or provincial writing of his comments and
prosecutor suggestions
(d) If no action has been taken by the sangguniang panlalawigan within thirty
(30) days after submission of such an ordinance or resolution, the same
shall be presumed consistent with law and therefore valid.
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What if there is an inconsistency with any law and other city or (b) The secretary to the sanggunian concerned shall cause the posting of an
municipal ordinances? ordinance or resolution in the bulletin board at the entrance of the provincial
- The sanggunian concerned shall, within 30 days from the receipt, return it capitol and the city, municipal, or barangay hall in at least two (2)
with its comments and recommendations. conspicuous places in the local government unit concerned not later than
five (5) days after approval thereof.
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The text of the ordinance or resolution shall be disseminated and posted in In cases of highly urbanized and independent component cities
Filipino or English and in the language understood by the majority of the - The main features of the ordinance or resolution shall not only be posted
people in the local government unit concerned, and the secretary to the but it must also be published in a local newspaper of general circulation
sanggunian shall record such fact in a book kept for the purpose, stating the within the city.
dates of approval and posting. - Absence of a local newspaper, then in any newspaper of general
circulation.
(c) The gist of all ordinances with penal sanctions shall be published in a
newspaper of general circulation within the province where the local ü Publication and notice is mandatory. Failure renders them void.
legislative body concerned belongs. In the absence of any newspaper of ü Slight inaccuracies or departures from the prescribed mode and manner
general circulation within the province, posting of such ordinances shall be of publication or notice, where the irregularities are not misleading, does
made in all municipalities and cities of the province where the sanggunian of not render the publication, notice, or ordinance void.
origin is situated.
SECTION 60. GROUNDS FOR
(d) In the case of highly urbanized and independent component cities, the
main features of the ordinance or resolution duly enacted or adopted shall, in DISCIPLINARY ACTIONS
addition to being posted, be published once in a local newspaper of general
circulation within the city: Provided, That in the absence thereof the An elective local official may be disciplined, suspended, or removed from
ordinance or resolution shall be published in any newspaper of general office on any of the following grounds:
circulation. (a) Disloyalty to the Republic of the Philippines;
(b) Culpable violation of the Constitution;
When shall an ordinance or resolution take effect? (c) Dishonesty, oppression, misconduct in office, gross negligence, or
- 10 days from the date such is posted in: dereliction of duty;
• A bulletin board at the entrance of the provincial capitol; (d) Commission of any offense involving moral turpitude or an offense
• City, municipal, or barangay hall, as the case may be; and punishable by at least prison mayor;
• In at least 2 conspicuous places in the LGU concerned. (e) Abuse of authority;
Exception: Unless otherwise is stated in the ordinance or resolution. (f) Unauthorized absence for fifteen (15) consecutive working days,
except in the case of members of the sangguniang Panlalawigan,
Who has the responsibility to post it? sangguniang panlungsod, sangguniang bayan, and sangguniang
- The Secretary to the sanggunian concerned. barangay;
- The posting shall not be later than 5 days after the approval. (g) Application for, or acquisition of, foreign citizenship or residence or
the status of an immigrant of another country; and
When can it be published in a newspaper? (h) Such other grounds as may be provided in this Code and other
- When it is the gist of all ordinances with penal sanctions. laws.
Exception: In the absence of any newspaper of general circulation in the An elective official may be removed from office on the grounds enumerated
province, it may be posted in all municipalities and cities of the province above by order of the proper court.
where the sanggunian of origin is situated.
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Moral turpitude – An act of baseness, vileness, or depravity in the private (a) A complaint against any elective official of a province, a highly
duties which a man owes his fellow men, or to society in general, contrary to urbanized city, an independent component city, or component city
the accepted and customary rule of right and duty between man and woman shall be filed before the Office of the President;
or conduct contrary to justice, honesty, modesty, or good morals. (b) A complaint against any elective official of a municipality shall be
filed before the sangguniang Panlalawigan whose decision may be
What is the effect of desistance on disciplinary actions? appealed to the Office of the President;
- It does not preclude or bar the taking of disciplinary action against an (c) A complaint against any elective barangay official shall be filed
officer or employee. Neither does it warrant the dismissal of the before the sangguniang panlungsod or sangguniang bayan
administrative case against him; nor does it dissuade the court from concerned whose decision shall be final and executory.
imposing appropriate disciplinary or corrective sanction.
- Proceedings in such case should not be made to depend on the whims Complaint filed against:
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PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
(c) Upon expiration of the preventive suspension, the suspended elective Can a preventive suspension expire? What happens to the official?
official shall be deemed reinstated in office without prejudice to the - Yes. The suspended elective official shall be deemed reinstated in office
continuation of the proceedings against him, which shall be terminated within without prejudice to the continuation of the proceedings against him. Such
one hundred twenty (120) days from the time he was formally notified of the proceeding shall be terminated within 120 days from the time he was
case against him. However, if the delay in the proceedings of the case is due formally notified of the case against him.
to his fault, negligence, or request, other than the appeal duty filed, the
duration of such delay shall not be counted in computing the time of What if the delay is the respondent’s fault, negligence, or request?
termination of the case. - Duration of such delay shall not be counted in computing the time of the
termination of the case.
(d) Any abuse of the exercise of the power of preventive suspension shall be
penalized as abuse of authority. Abuse of authority – Any abuse of the exercise of the power of preventive
suspension.
Who may impose preventive suspension?
President – If the respondent is an elective official of a province, a highly What is the purpose of a preventive suspension?
urbanized, or an independent component city. - It is to prevent the officer or employee from using the position, power, and
Governor – If the respondent is an elective official of a component city or prerogatives of his office to:
municipality. • Intimidate or influence potential witnesses; or
Mayor – If the respondent is an elective official of the barangay. • Destroy or tamper with records which may be vital in the prosecution
of the case against him.
When may a preventive suspension be imposed?
- Any time after the issues are joined. Preventive suspensions by the Ombudsman
- When the evidence of guilty is strong. - The Ombudsman may impose preventive suspensions.
- There is a great probability that the continuance in office of the respondent - Requisites:
could influence the witnesses or pose a threat to the safety and integrity of • The evidence of guilt is strong;
the accords of other evidence. • Any of the following circumstances are present:
o The charge against such officer or employee involves
When may the issues be joined? dishonesty, oppression, or grave misconduct, or neglect in the
- When the complaint has been answered and there are no longer any performance in the duty;
substantial preliminary issues that remain to be threshed out. o The charges would warrant removal from the service; or
- Failure to file answer is deemed a waiver of her right to file an answer and o The respondent’s continued stay in office may prejudice the case
present evidence. filed against him.
- Can impose the 6-month preventive suspension on all public officials,
How long could it take? whether elective or appointive, who are under investigation.
Single preventive order – Not more than 60 days. Preventive suspensions imposed by courts
Several administrative cases are ordered – Cannot be preventively - Must not exceed 90 days
suspended for more than ninety (90) days within a single year on the same - Imposition is mandatory upon the filing of a valid information
ground or grounds existing and known at the time of the first suspension. - The validity of the information is determined at a pre-suspension hearing
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ü The disciplinary authority may invoke the aid of the Regional Trial Court
SECTION 64. SALARY OF
within whose jurisdiction the contested case being heard falls to punish.
RESPONDENT PENDING SUSPENSION
SECTION 66. FORM AND
The respondent official preventively suspended from office shall receive no
salary or compensation during such suspension; but, upon subsequent NOTICE OF DECISION
exoneration and reinstatement, he shall be paid full salary or compensation
including such emoluments accruing during such suspension. (a) The investigation of the case shall be terminated within ninety (90) days
from the start thereof. Within thirty (30) days after the end of the
Can the official under preventive suspension receive salary or investigation, the Office of the President or the sanggunian concerned shall
compensation? render a decision in writing stating clearly and distinctly the facts and the
No. reasons for such decision. Copies of said decision shall immediately be
furnished the respondent and all interested parties.
When can it be paid?
- Upon subsequent exoneration and reinstatement. (b) The penalty of suspension shall not exceed the unexpired term of the
respondent or a period of six (6) months for every administrative offense, nor
ü Preventive suspension pending investigation is not a penalty but only a shall said penalty be a bar to the candidacy of the respondent so suspend as
means of enabling the disciplining authority to conduct an unhampered long as he meets the qualifications required for office.
investigation.
(c) The penalty for removal from office as a result of an administrative
investigation shall be considered a bar to the candidacy of the respondent
SECTION 65. RIGHTS OF RESPONDENT
for any elective position.
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But when can it be a bar to the candidacy? During the appeal, the respondent is considered?
- When the penalty for removal from office is the result of an administrative - Under preventive suspension.
investigation.
If the appeal results in an exoneration?
- The respondent shall be paid his salary and other emoluments during the
SECTION 67. ADMINISTRATIVE APPEALS
pendency of the appeal.
Decisions in administrative cases may, within thirty (30) days from receipt
thereof, be appealed to the following: SECTION 69. BY WHOM EXERCISED
(a) The sangguniang panlalawigan, in the case of decisions of the
sangguniang panlungsod of component cities and the sanggunian The power of recall for loss of confidence shall be exercised by the
bayan; registered voters of a local government unit to which the local elective official
(b) The Office of the President, in the case of decisions of the subject to such recall belongs.
sanggunian panlalawigan and the sanggunian panlungsod of highly
urbanized cities and independent component cities. Recall – A procedure by which voters can remove an elected official from
Decisions of the Office of the President shall be final and executory. office through a direct vote before that official’s term has ended.
(a) The recall of any elective provincial, city, municipal, or barangay official
Can an appeal prevent a decision from becoming final or executory?
shall be commenced by a petition of a registered voter in the LGU concerned
No.
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and supported by the registered voters in the LGU concerned during the at the same time post copies thereof in public and conspicuous places
election in which the local official sought to be recalled was elected subject for a period of not less than 10 days nor more than 20 days, for the
to the following percentage requirements: purpose of allowing interested parties to examine and verify the
(1) At least 25% in the case of LGUs with a voting population of not more validity of the petition and the authenticity of the signatures contained
than 20,000. therein.
(2) At least 20% in the case of LGUs with a voting population of at least (5) The COMELEC or its duly authorized representatives shall, upon
20,000, but not more than 75,000: Provided, that, in no case shall the issuance of certification, proceed independently with the verification
required petitioners be less than 5,000. and authentication of the signatures of the petitioners and registered
(3) At least 15% in the case of LGUs with a voting population of at least voters contained therein. Representatives of the petitioners and the
75,000, but not more than 300,000: Provided, however, that in no case official sought to be recalled shall be duly notified and shall have the
shall the required number of petitioners be less than 15,000. right to participate therein as mere observers. The filing of any
(4) At least 10% in the case of LGUs with a voting population of over challenge or protest shall be allowed within the period provided in the
300,000: Provided, however, that in no case shall the required immediately preceding paragraph and shall be ruled upon with finality
petitioners be less than 45,000. within 15 days from the date of filing of such protest or challenge.
(6) Upon the lapse of the aforesaid period, the COMELEC or its duly
(b) The process of recall shall be effected in accordance with the following authorized representative shall announce the acceptance of
procedure: candidates to the position and thereafter prepare the list of candidates
(1) A written petition for recall duty signed by the representatives of the which shall include the name of the official sought to be recalled.
petitioners before the election registrar or his representative, shall be
filled with the COMELEC through its office in the LGU concerned. How can a recall be commenced? By a petition of a (1) registered voter in
(2) The petition to recall shall contain the following: the LGU concerned; and supported by (2) registered voters in the LGU
a. The names and addresses if the petitioners written in legible concerned during the election in which the local official sought to be recalled
form and their signatures; was elected.
b. The barangay, city, or municipality, local legislative district and At least 25% LGU with a voting population of not more than 20,000.
the province to which the petitioners belong; LGU with a voting population of at least 20,000, but not
c. The name of the official sought to be recalled; and more than 75,000.
d. A brief narration of the reasons and justifications therefor. At least 20%
(3) The COMELEC shall, within 15 days from the filing of the petition, No case shall the required number of petitioners be less
certify to the sufficiency of the required number of signatures. Failure than 5,000.
to obtain the required number of signature automatically nullifies the LGU with a voting population of at least 75,000, but not
petition. more than 300,000.
(4) If the person is found to be in sufficient form, the COMELEC or its duly At least 15%
authorized representative shall, within 3 days from the issuance of the No case shall the required number of petitioners be less
certification, provide the official sought to be recalled a copy of the than 15,000.
petition, cause its publication in a national newspaper of general LGUs with a voting population of over 300,000.
circulation and a newspaper of general circulation in the locality, once At least 10%
a week for 3 consecutive weeks at the expense of the petitioners and No case shall the required petitioners be less than 45,000.
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Process of recall
SECTION 71. ELECTION ON RECALL
COMELEC - within 15
days from the filing certify Upon the filing of a valid resolution or petition for recall with the appropriate
Representatives Such petition the sufficiency of the
of the petitioners shall then be signatures. local office of the COMELEC, the Commission or its duly authorized
must sign a filed with the
written petition COMELEC • Failure to obtain the representative shall set the date of the election on recall, which shall not be
for recall before through its office required number of
the election in the LGU signatures automatically later than thirty (30) days after the filing of the resolution or petition for recall
registrar. concerned. nullifies the petition.
in the case of the barangay, city, or municipal officials and forty-five (45)
days in the case of provincial officials. The official or officials sought to be
recalled shall automatically be considered as duly registered candidate or
candidates to the pertinent positions and, like other candidates, shall be
If the petition is entitled to be voted upon.
Representatives
of the petitioners sufficient - COMELEC,
and the official COMELEC - within 3 days from the
shall be duly proceed with the issuance of the
notified and verification and
authentication of
certification provide: Commissoner
have the right to
participate as the signatures. • Copy of the petition or
• Cause its publication representative
observers. Official/s recalled
Filing of a valid shall set a date shall be
resolution or for the election automatically
petition for recall recall
with a local considered as
COMELEC office • 30 days - duly registered
barangay, city, or candidate/s
municipal officials
Filing any COMELEC then • 45 days -
challenge or Finality shall be Upon the lapse will prepare a list provincial officials
protest shall ruled within 15 of such period, of candidates,
be allowed days from the COMELEC shall which shall
within the date of filing of announce the include the
period such protest or acceptance of name of the
provided. challenge. the candidates. official sought to
be recalled. 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
Requirements for the petition to recall –
highest number of votes cast during the election on recall. Should the official
ü Names, addresses, and signatures of the petitioners.
sought to be recalled receive the highest number of votes, confidence in him
ü Name of the official sought to be recalled.
is thereby affirmed, and he shall continue in office.
ü Must be written in legible form.
ü The barangay, city, or municipality, local legislative district and the
When is it effective?
province to which the petitioners belong.
- Only upon the election and proclamation of a successor
ü Reasons and justifications of the recall.
• Highest number of votes
• Cast during the election on recall
Is COMELEC the sole authority?
No. The law says, COMELEC or its duly authorized representatives.
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PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
Who shall formulate policies for employee welfare and selection of Who shall determine the compensation?
personnel for employment and promotion? - The Sanggunian concerned.
- The Personnel Selection Board
- Such shall be established in every province, city, or municipality. If there is an increase, when shall it effect?
- After the terms of office of those approving such increased have expired.
Who are the members of the PSB? - It shall take effect as provided in the ordinance authorizing it.
- It is headed by the local chief executive.
- Members shall be determined by resolution of the sanggunian concerned. ü Increases shall not exceed the limitations on budgetary allocations.
- A representative of the Civil Service Commission, if any.
- Personnel officer of the LGU concerned.
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(a) Resignations by elective local officials shall be deemed effective only When is the resignation deemed accepted?
upon acceptance by the following authorities: - If not acted upon by the authority concerned within 15 days from receipt.
(1) The President, in the case of governors, vice-governors, and mayors - Irrevocable resignations by sanggunian members before an open session.
and vice-mayors of highly urbanized cities and independent
component cities; SECTION 83. GRIEVANCE PROCEDURE
(2) The governor, in the case of municipal mayors, municipal vice-mayors,
city mayors and city vice-mayors of component cities;
In every LGU, the local chief executive shall establish a procedure to inquire
(3) The sanggunian concerned, in the case of sanggunian members; and
into, act upon, resolve or settle complaints and grievances presented by
(4) The city or municipal mayor, in the case of barangay officials.
local government employees.
(b) Copies of the resignation letters of elective local officials, together with
Who shall establish the procedure?
the action taken by the aforesaid authorities, shall be furnished by the
- The local chief executive.
Department of the Interior and Local Government.
What is this procedure for?
(c) The resignation shall be deemed accepted if not acted upon by the
- Such will be established to inquire into, act upon, resolve or settle
authority concerned within fifteen (15) days from receipt thereof.
complaints and grievances.
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PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
Where shall the results be reported to? o The charge against such officer or employee involves dishonesty,
- The Civil Service Commission oppression, or grave misconduct or neglect in the performance of his
duties;
o The charges would warrant removal from service; or
SECTION 85. PREVENTIVE SUSPENSION
o The respondent’s continued stay in office would prejudice the case
OF APPOINTIVE LOCAL OFFICIALS against him.
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SECTION 87. DISCIPLINARY JURISDICTION Can an appeal prevent execution of a decision of removal or
suspension?
Except as otherwise provided by law, the local chief executive may impose No. The respondent shall only be exonerated.
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) Can he be reinstated?
months of salary, or reprimand and otherwise discipline subordinate officials Yes even with all the rights and privileges from the time he had been
and employees under his jurisdiction. If the penalty imposed is suspension deprived of it.
without pay for not more than thirty (30) days, his decision shall be final. If
the penalty imposed is heavier than suspension of thirty (30) days, the
decision shall be appealable to the Civil Service Commission, which shall
SECTION 89. PROHIBITED BUSINESS AND
decide the appeal within thirty (30) days from receipt thereof. PECUNIARY INTEREST
Who can investigate and decide? (a) It shall be unlawful for any local government official or employee, directly
- The local chief executive. or indirectly, to:
(1) Engage in any business transaction with the local government unit
General rule: The local chief executive may impose the penalty for: in which he is an official or employee or over which he has the
- Removal from service; power of supervision, or with any of its authorized boards, officials,
- Demotion in rank; agents, or attorneys, whereby money is to be paid, or property or
- Suspension for not more than 1 year w/o pay; any other thing of value is to be transferred, directly or indirectly,
- Fine in an amount not exceeding 6 months of salary; and out of the resources of the local government unit to such person or
- Reprimand and otherwise discipline subordinate officials and employees firm;
under his jurisdiction. (2) Hold such interests in any cockpit or other games licensed by a
Exception: If it is otherwise provided by law. local government unit;
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(3) Purchase any real estate or other property forfeited in favor of such (3) Collect any fee for their appearance in administrative proceedings
local government unit for unpaid taxes or assessment, or by virtue involving the local government unit of which he is an official; and
of a legal process at the instance of the said local government unit; (4) Use property and personnel of the government except when the
(4) Be a surety for any person contracting or doing business with the sanggunian member concerned is defending the interest of the
local government unit for which a surety is required; and government.
(5) Possess or use any public property of the local government unit for
private purposes. (c) Doctors of medicine may practice their profession even during official
hours of work only on occasions of emergency: Provided, That the officials
(b) All other prohibitions governing the conduct of national public officers concerned do not derive monetary compensation therefrom.
relating to prohibited business and pecuniary interest so provided for under
Republic Act Numbered Sixty-seven thirteen (R.A. No. 6713) otherwise ü Sanggunian is allowed to practice profession, unlike governors, because
known as the "Code of Conduct and Ethical Standards for Public Officials the sangguniang’s regular session is only held once a week. The
and Employees" and other laws shall also be applicable to local government position of governor, on the other hand, is considered a full-time job.
officials and employees.
Profession – It is a principal calling, vocation, or employment.
ü Penalty for this violation is imprisonment for 6 months and one day to
six years or a fine of Php 3,000 – 10,000, or both. Conflict of interest – It is where the interest of the LGU which the official is
ü The prohibited interest extends to the conjugal partnership of gains. connected are opposed to the interests of the person who obtains his
ü Article 160 of the Civil Code provides that all property of the marriage services.
shall belong to the conjugal partnership; and, art 143 provides that such
shall belong in common to the husband and wife. What if the local elective official is a doctor of medicine?
- Such can practice, however, only during times of emergency and they do
not derive monetary compensation for it.
SECTION 90. PRACTICE OF PROFESSION
Practice of profession by provincial governors, city and municipal
(a) All governors, city and municipal mayors are prohibited from practicing
mayor. Department of Interior and Local Government Memorandum
their profession or engaging in any occupation other than the exercise of
Circular No. 90-81 provides:
their functions as local chief executives.
Conformably with the foregoing, the following guidelines are to be observed
in the grant of permission to the practice of profession and to the acceptance
(b) Sanggunian members may practice their professions, engage in any
of private employment of local elective officials, to wit:
occupation, or teach in schools except during session hours: Provided, that
(1) The permission shall be granted by the Secretary of Local
sanggunian members who are also members of the Bar shall not:
Government;
(1) Appear as counsel before any court in any civil case wherein a local
(2) Provincial Governors, City and Municipal Mayors whose duties and
government unit or any office, agency, or instrumentality of the
responsibilities require that their entire time be at the disposal of the
government is the adverse party;
government in conformity with Sections 141, 171 and 203 of the Local
(2) Appear as counsel in any criminal case wherein an officer or
Government Code (BP 337), are prohibited to engage in the practice
employee of the national or local government is accused of an offense
committed in relation to his office.
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What cannot the local official or employee do? Article 244 of the revised penal code provides that:
- Directly or indirectly engage in any partisan political activity. “Unlawful appointments. - Any public officer who shall knowingly nominate or
- Take part in any election, initiative, referendum, plebiscite, or recall. appoint to any public office any person lacking the legal qualifications
- Use his official authority to influence to cause the performance of any therefor, shall suffer the penalty of arresto mayor and a fine not exceeding
political activity by any person or body. 1,000 pesos.”
SECTION 94. APPOINTMENT OF ELECTIVE General rule: No elective or appointive local official or employee shall
receive additional, double, or indirect compensation.
AND APPOINTIVE LOCAL OFFICIALS; Exception: Unless it is specifically authorized by law.
CANDIDATES WHO LOST IN AN ELECTION
What are not considered additional payment?
- Pensions
(a) No elective or appointive local official shall be eligible for appointment or
- Gratuities
designation in any capacity to any public office or position during his tenure.
Unless otherwise allowed by law or by the primary functions of his position,
no elective or appointive local official shall hold any other office or SECTION 96. PERMISSION
employment in the government or any subdivision, agency or instrumentality
TO LEAVE STATION
thereof, including government-owned or controlled corporations or their
subsidiaries.
(a) Provincial, city, municipal, and barangay appointive officials going on
official travel shall apply and secure written permission from their respective
(b) Except for losing candidates in barangay elections, no candidate who lost
local chief executives before departure. The application shall specify the
in any election shall, within one (1) year after such election, be appointed to
reasons for such travel, and the permission shall be given or withheld based
any office in the government or any government-owned or controlled
on considerations of public interest, financial capability of the local
corporations or in any of their subsidiaries.
government unit concerned and urgency of the travel.
Should the local chief executive concerned fall to act upon such application
within four (4) working days from receipt thereof, it shall be deemed
approved.
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PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
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PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
(b) Local government funds and monies shall be spent solely for public ü Application of ordinance necessary prior to payment of judgment.
purposes; ü Although the liability of the state, in a suit, is ascertained through final
(c) Local revenue is generated only from sources expressly authorized by judgment, the state is at liberty to determine for itself whether to pay the
law or ordinance, and collection thereof shall at all times be judgment or not.
acknowledged properly; ü Execution cannot be issued against the state.
(d) All monies officially received by a local government officer in any
capacity or on any occasion shall be accounted for as local funds,
unless otherwise provided by law;
(e) Trust funds in the local treasury shall not be paid out except in
fulfillment of the purpose for which the trust was created or the funds
received;
(f) Every officer of the local government unit whose duties permit or
require the possession or custody of local funds shall be properly
bonded, and such officer shall be accountable and responsible for said
funds and for the safekeeping thereof in conformity with the provisions
of law;
(g) Local governments shall formulate sound financial plans, and local
budgets shall be based on functions, activities, and projects, in terms
of expected results;
(h) Local budget plans and goals shall, as far as practicable, be
harmonized with national development plans, goals, and strategies in
order to optimize the utilization of resources and to avoid duplication in
the use of fiscal and physical resources;
(i) Local budgets shall operationalize approved local development plans;
(j) Local government units shall ensure that their respective budgets
incorporate the requirements of their component units and provide for
equitable allocation of resources among these component units;
(k) National planning shall be based on local planning to ensure that the
needs and aspirations of the people as articulated by the local
government units in their respective local development plans are
considered in the formulation of budgets of national line agencies or
offices;
(l) Fiscal responsibility shall be shared by all those exercising authority
over the financial affairs, transactions, and operations of the local
government units; and
(m) The local government unit shall endeavor to have a balanced budget
in each fiscal year of operation.
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