£20 Hen Cottage of aw, GLASSES OF CORPORATIONS vent) foe QuHR Publ Corporntions — — —pevat SORPORATION.. ant-atitcia! bel ercatad by Cotporthans rrputed as agencies of State for 2peraton of law having ihe righ of scents Sera and ined “punoosee witnout (ee nd Ihe powers, atvbules. art” proswnicg overs, ond “Hobilies 6! sctuybuarsie Sxoresaiy outhorleed b/ Inw” or Intutear’ te ee orsorationn 2astenee, 2 Municipal corporations = body pole and Corporal constituted by tm incatporalion et ahabita.itn for gurposes of local qovernmeny {L's estnbtahed by tnw par van an agancy ot the Stain 10 ansist In the civil government of the country, ‘ut chially to reguiale ara {tien to doterriinn whathor a cosporation Administer tne local or internal alare of tne $ public Clty, tower or district which Is incorporated Punlic Corporation - One ciation by the «se pune bY general oF special acl or wnt oe Jomieetatlen of tocal government or venting tervice in the public interest * The relationship of the compe ration to tive State: “ranted by ihe Sate ays ewe Flemants of a Municipal Cornoratin (Nit) arency to help the Stalg in carrying out te legal creation or incorpo. alien ouarmenial functions, itis public. otherwise > aexporate name Us pavate © [rhabitanta “constituting the poputation; and "The mare fact tom corpeion hie men . fenvory r rested by vitue of Special low Vinee : nececsarly quatly tas h gibt rou Dual Nature of Municipal Corporations: (Pritypave Society tae the Pricey 4 Govnnnmenta =the uncool eee ton Stucky to Animals v. SOA, GR Nn toorEe acts £98 a Vagertof ihe sGtate Yor the Septemnar 25, 2007) Ao, MOVErLUAI OF the: Yornliry “ane. “yp, taut ine, nna lent TL ARy © “oy @xorcinbs by: doteantion a onntgptte ia ie aa ueahae | Ji, soveralgay gt tha States eae ‘estabished to] ecg nn suse, obentshnva. | purpose | nim, gain ort Ebpcbers, Nd local gox Ammons | Bopulaton’— baxod on total numbor of jnattants within the tortor) Hiredietion of tha local gavemmont ont na © fang oréu ~ must be contiguous unless it Somprises two or more islonds nr in separated. by @ local goveriiment uni propetitdentined by mates and bounds; socuitelent to provide for such baste Services and factiids. cee oe98 12009 CENTRALIZED BAR OPERATIONS Note: Congress hus ABSOLUTE POWER to alter and dissolve a municipal corporation — by: (FOMAR) 1. Fixing, alt.rnig or changing tie Bours ‘municipal corporations 2. Blviding @ municipal corporailon Into two or More sep rele municipailias 3. Merging’. or consolidating two or more Separate muricipal corporation into one, 4, Annexing one municipal corporation to anottver 5. Repealing its charter sof BEGINNING OF CORPORATE EXISTENCE (Soc. 14, LGC) : Upon election and qualiicalion Of its Chiel Executive and majority cf the ‘members of is Sungqunian, unless some olher ime is ixed therefor by the law er ordinance crealing i Modo of Inquiry to Legal Existence of an LGU: Quo warrenla Note: This rule, howevér, applies when the ‘municipal corporation is a da facta :municiial corporation POWERS OF LGUs Sources of Pajyor of Municipal Corporations (1-SCAD-Lac) 1. 1987 Constitution its provisions on tox government 2, Statutes; Including 3. ganeral ovts- applicable (o all municipa’ Corporations of ta the ciass to which ‘he particular municipal corporation. oelong and b. speciaf acisy applicable to 2 pariisvinr munieinal corporation Shatter creating such municipet corporation All oxisting laws, acts, decrees, exacuive Ofders, proctamations, | and administrative feguiations — “nol inconsisient w/the 1987 Constitution 8, The dociriny of inherent right to. soll governme t in some states which adhere to 4 with respect to certain inunigipal matters. 6. The Local Government Gade of 1991 Classification of Powars (ELIG-Cm) 4. Express, Impliod and inherent Powers Logisiative und Exeoutive Powers Intramural and Extramural Powars Governimen‘al and Municipal Pe wore Corporat Powors Mandatory ane! Diseretnary Powers San Beda College of Law Rt Calle of at Execution of powers "If oe munner of execution and ihe agency or olficer whe. shall perform the powers are spoeitcally preveribed, na other method of Procedure le used, + Ifthe law is wllens, discretion tos, GOVERNMENTAL POWERS OF LGU (PET- Gop) 1. Belice power. not inherent in municipal corporntions; Ns power is exercised by ‘mun'cipal ‘corporations under the General ‘Neilare clause ~ (Sec, 16, LGC) + This 20 called “general weltare clause" enipowers focal yovernmen: units to enact and implement measures for the general well-neing of tneir innabitants. Limitations a terntoriaity - ewpreisablo only within lerritoria! limitg of the local government unit, “xcept ‘for protection, of water ‘supply; bo. equal protection ‘causa - tne interests of the public in gereral, as cstingulchud {rom those of @ particular class, require he exercise of the power, 6 due process clause: tho means Cinployed ere roasonable necessary for ‘tle uccomplishment of the purpose and not enduly eppressive on individuals; and 4. must not be contrary {0 law - must nut be conirary to the Constitution ana tre laws, Prohibited act'vities may not be legalized in the guise” of regulation; activities allowed by law cannot bs prohibited, only rogulated, Gonoril Woitura Clause {Soe, 16, LGC) 2, Every LGU shall exercise the following powers: apne, v inatbati3 0% aah baa. Ny, aaproprlalé*and ici torte eaisdfovemnnce SA) cssanlal to: lon aby gbrera! Ur meena 8 Stoll glo SEL on sive He lbacrerres — ng a 8 ‘ “fecniger logical cagabiilles %) . et ocd2 pan Beda College of Baws Employment among its rssicient x Comfort and residents ot us auinorized the particular snnngum enact such ofdirances as may be necer sary to: 8, Carry into offact’ and. dischargs the Fescorsibitties upon it by aw fqanera! legislative power); b. promote health and safety, erhanee Prosperity and genoral welfare, Improve the morals, and maintain peace and order, and’ preserve the comfort anc cenvenience of the inhatilants therein (police power proper) 2, Power of Eminent Domain (See 19, LGC} Additional Limitations for Exercise of Eminent Domain by LGU: (OPCO) 2. pursuant to an ordinance, exercised by the local chief executive b for public use, purpose of wella:e for the benefit of the pcor and landless, 1c _payment of just compensation; 4. only alter valid and definite offer nad been made to, and not accepted ty the owe: (Mdunleipatty of Paratuaque v. V.Ad, Reotty Cop, G.R. No. 127820, July 20, 1907) 3, Power of Taxation: this paver of LGU is now pursusint fo direct authority conferred by the 1987 Constitution + Since LGUs have no Inherent! power to lax, their power must yield 9 a lopislative act + LOU's power to create Ils own sources oF revenue and to levy taxes, fees ard charges is subject lo such guide!‘nes and limitations a8 the congress may provide, consisient with the basic policy of local autonomy, © Taxes, fees and charges chail acztue coxciusivaly to the LCU's Requistos: uniform in esch local government unit, saute and baved as lar on pratesbie ‘on the (axpayer's abilly to pay, only for public purposes: Hol unjusl, excessive oppressive or confiscalory, ard nol contrary’ to lew, publle policy. nationc! ecanomie policy, orn rostral of radu ¢. collection and tner Imposiions thal in no case be let to any private person, 4. shall inure solely to the benefit cf, and he subject to disposition by, the Incal silent al Provided hereisf and | © progressive ¢yjjom of faxation, ie Scrporate Powors (GABICCAS) 3. to have coafpuious gucccssion in its corporate name. to acquire, old and covvey real or personal propeity: © to borrow maney cto betwee sical bees fe. tohave and ute 2 corporate seal 1. to enter into contracts varie: Roguisites | of munteipat contracts + ' i LGU. bas expross implied, or inherent power io cater into particular contract; i. Entered. nto by proper depariment, beard, commiliee, or agent, fi, Must’ comply "wih substantive Fequirem: ts, Ww. Must "comply with format requirements; and v. In cave Bnlered into hy local chlet ‘executive on behalf of LGU, prlor wuthorizaion by Sanggunfan coneemnod is needed! 9. approprinie and spend money, ONLY for public purpose hy. to suo ahd be sued all Othor powers to bo exercised by the LGU a8 @ agency ol ihe Stole wherein the LGU recuivee no prof such as: 4, Reclassiticatina of Lands (See. 20, LGC) + through ey ordinance passed by the Sengquniin: A - pane esha punfaneatogs erbiinds . | wea” ti8 “and ceases Sots Feasible: bod ‘orca100 |2U0y CENTRALIZED BAR OPERATIONS, ‘he Prosident may, when public Interest 80 requires and upon recommiscdatian of {he NEDA, authorize a city or municioaity to reclassify lands in oxcass of the limts set Were approval by a:national ayency = required for reclassiication, such approval shall_nol be unreascnably wilhbe'd. Failure to act on a proper and Complete appiication for reciassification within: thre@ months from receipt of the sanie' shal be deemsd as approval tndreot Closure and opening of roads (Sec. 21, LGC) ~. may permanently oc temporarily close or open any local rnad, alley, park, oF square witnin ts jure wieion pursuant to an ordinance, In case of permanent closure: |. aduquate provision for puble safety must be made; adequate substiule for the pu’ laciity that is subject to closure is provided; li, may be propery usad or convayext for any purpose for which other real property may be lawfully used or conveyed; provided no freadorn pack sin ba permanently closed without jsoersion’s on transfor to new sic, Nv. requires 2/3 votes of all he momber of the Sanggunian tn eae of emporary closure: for actual “emergency, flosta cxiebration, public rallies, agri tural or ingustial works and aignwy lwleseinmunications and wate. wo rojects; ii, uration of which stiall pa spe ste ii, except -for “those aciiviles not ollcially sponaorad,- reuogni approved by tha LGU concarnod, on ‘Any cay niunicipality er barangay may, »y an ordinanca, temporary clove and egulato tho use of a toca! street, road. Moroughfara or any other gaublis nlace where shapging Sunday, flea, or night Mmaikols, may be.establithed ard wera arlicies of commerca may be sold or dlapansed with foithe general pubte Authionty 10 nacure anes negotiate (Sve. 23, LGC) an Meda College of Law 4. silvery of basle servicas anc’ facilitlos (S0e.17, LGC} . Powor to generate and apply resourcos (Sec, 18, L80) 1 Local legislative power (Secs. “6c) 38.68, ©. Promote Bublle Education LOGAL LEGISLATIVE POWER [elfect of a] Osclaration. of sentiment or | law ‘opinien of law-making body : __| on a specific m | gsnaral “and [lamperary in nature permanent character feqi fot require a third lhied reading | reading(Municipality oF Paranaque v. VM Roally Gorparition, G.R. No, 127620, {sly 20, 1997) ‘The Doctrine of Esloppel cannot be applied an against @ municipal corporation to validate a * Centract which it has no power to make, or wh 18 aushorized to make only unger a prescribed inode or manner, although the corporation hus accepied Ine benefits Liereof and the other party has fully performed his part of the agreement (rows v. Munieipulty of Sabangan, No. +-26522, Fobruary 27, 1969 } Approval of ordinances 1. local ciief executive affixes h's signature on cach und avery page tierect, 2. if local chief executive’ vetoes the same, may be gata 218 vowe of “all "Sermon mann fy Seely tay evel i Li, car dha ROR ay velo yh SEF sels J6F Ra abiaBralOAY ,etpleoF Pp S83 publ ‘ Se pet pa a due ‘ata sat oa sats 2. aust not be Gitar or pressive; aBa Reda Coltege of Law 3. must not b> partia or aisctiminory 4 rout “not “ptonibit, but may” reguuse trade, ust not be unresionable: ana must be grneral in aplication: and Consistent with pubic policy. + The rationale of the requiremert that the 2tdinancas should'no’ conlravene a sintute is 2bvious. Municipal governmants arc only agents of the nations! govremment Loca councils. exercise only delegaiad legislative Powers confersed on them by Congress, ine aatlonal Inwmaking body. The delegate cannot be superior fo the principal or exer ce Powers higher than those of the latier ile o heresy 10 suggest that tfie loce! qovernmnent units can undo the acts of Congress, from which thay have derived their power snd negate by mere ordinance the mandate of the Slatu'e | (Masiiaiosv.. Pryco Property Corporation, “GR. No. 111097, ny oo 7994), + Barangay Chairman hus po vets power * The general rule is that ordinances passed Ly Witue of the implisd power found inthe gereral welfare clause "musi be reasonabie, Consonant with the general pownrs eral Purposes of the corporation and ‘not inconsistent with the laws or paticy of the State, It isa funaamental prnepty ir municipal ordinances are interior in statce and subordinate to the laws 0! tne Stale an ordinance in confict with Stale law ot general character ond statewide sonicoting is universally Reid 10. be wevals. (Bilaryye CATY, ING. v. Court of Apceatt. (Gis 128810, September 29, 260%) Powor to Licenso * Fronumed te ba riguimary rather than for thes ising (of revenues unlers the contrary ‘appears Iron. the language of the law a license authoriting the opiretion of a Geitain business is not preperty of which the holier may not ba deprived without dive Process of the law, bul a mere priviluge whic may be revoked when the public waleres| so requires. Kinds of Municipal License @ Lleanses for the regulation of uStr Ul occupations b. Licenses for the requiation or restriction Of NON-USEFUL occupations © Livenses ‘or revenue only MENORY A FUG an Nolo: Flat two are bused on the poiice PoWar will the shirt. an exorciee of pores tote.) “4 ange tay = neta tax on property. but commoniy foxes, for fevenue- | rather “a burden ‘alsing ——clitposes; ; imposed «for tna exercise of police | RIGHT 10 EXERCISE powar f AL FRANCHISE ee 7G PRIVILEGE which could be withheld or forbidet RULE: LGUs and their otticils are not exemot from habiity for doath or injury to perscne. oe damage to property (Sec. 24, LGC}. ABILITIES OF LGUs UNDER sPESIRIC PROVISIONS OF LAW (RAPTCY) 1. Statutory provisions on liability &. For delortiv: condition of ponds under theit contvol‘or supervision (Articlo 2460, Nec) f+ Attcte 9189 of te Civ Coes should apply i this case since 1 consliiutes 8 articular prescription making ‘provinces, cles and) municipatiies Mable!# 14 defective. concitens of roads,’ 'strects, bridges, publ buildings. end ‘oer pubie works under theit contol or ‘supervision: The LGUs, contantion that f In not gillable| because . tha:saccldont toox a place’ ins & rational? highway. 9p ly "intense, vyhat snd Ante eke We Sia tat bes sour” Bor SiS lmunidipeltly, have either % 1 or "EZ prrparnsion aver vnrena DA [rem (Gof a ote : Pslonuerhz0 wn ‘eft ae ee apectal a4 (Acie 2160, Nog] et s athe’ ‘pbhsibility’ 2, tate Is ited (0 pen Skerries we Na abvahdca ho, aly a je 4. dogntiés ofder or eS it Hoa ‘acl of "eohorged tn acme ehatie purser 8 rina tO Eloi ot "entered acta bases oo ret : fativas bose Dy omlgaigns“imputable to 2 public attest” enafgod wins? Bae iorTor 102 | 2009 CENTRALIZED UAR OPERATIONS adininisirative or tachnical offize who can be" held te “the . proper responsibilty in the “manner tuid gown by law of civil responsibiity Tho twspondent umbulanea drivar Waw not acting a8 a special agent of the. state when’ lie accidental. it RalWoner. (Mantt v. Govornrmnt of tho Philpping Islands, G.R. NO. 1 (1484, Mucch 21, 1916) ©. When @ member of the police force ‘aluses or (als to render service or aid (Article 34, NCC) City/municipality ~ subsidiarity Police otficer ~ primarily fable bie 2 Liabilly for foris (Section 28, LGK) ~ il depends. @, governmental functions ~ not habe: Fo allach liabilty to the state ter the negligence of ‘espondent driver, 3 feclaration must be made that he was @ ‘special ugent® and not one upon when property devolved the duly of driving the truck of the eccasion ofthe aceitant Hence, petitioner's death, (rayie anc Geplorabie though it may be, imposes on the province no duty to pay monetary compensation. ((Paintox v. Provinee of Hiocos Nowe, 102 Pu 1186) b. proprietary functions — sable Wshoutd.-be claar that a municip uty os NOT exempt from ability far the agigowt performance of its carperate 0: Proprielary of businass functions. (9 the dm siralicn of iis palrimonial property, iW is to be regarded as a privat, Corporation oF individual $0 far us is liabrity to third persons on contract oF it lott is concerned. ils contracis, validly entered inio, may be enlorced and damages may be vollected from i for the lors ct ils officers or agents within the scope of their, employment in pracisely the sam manner anc to the same es en. ‘a5 these of private corporations « Individuals, “As 19 such matters, the Principle of» respendadit —suncrvan (Corporate liability for the neyjlings 70 + lott Gi.) munieipalily’s atficers) applies (Mona ga v, Do Loan, G.P. No, [959 Favruaiy 11, 1916) To be exempt from liablity, the act shoul be for the ghneral wolfare of the publi Pertorned in pursianGs Of a poley Of te state NOY an act only for the specsal benott af the co nmunity, such us a tov fiesta (Torio v. Fontanila, GR No (+ 29993 Octabor £3, 1978) 3. Linbilty for gontract a titra viros = tab b,ulha viros ~ not fable; an uneniorcaable untract antares inta by the munvcipalty If the fatter has ro much power, or if it Is beyond tha scopa‘ot Its poners, or is ‘actually prohibited by its chartur IH gontiact is: DOCTRINE "OF IMPLIED — MUNICIPAL, LIABILITY: A municipality may becorna: obligated upen sn implied contract to pay the feasonable value of the benefits accepled of ‘appropriated by it a8 to which it hus the general owes lo contract (Province of Cebu v. IAC, No. 4-72841, January 29, 1987). The voctrine applies (a ah cases where monay or other property of @ party is received under such cicumstances thai the ‘general taw, independent ot an exprass centiaet, implies un obligation to do justice with respect to the saine (Nacnura, Reviewor jn Holtical Law, 2005 a7, 0. 436). 4. Yotation of fay A ‘distineticn should pe made » betwe suabitity end Hiabltty. The former depenas ‘nthe Consaut of the state to be sued, liablity on the applicable Jaw and the established fuctt, The circumstance that a state Is suabl uces NOY necassurly mean that itis lab. Generally, the state cannot bo hable for torts Curintied by tem in tho discharge of governmental functions and can be helt answerable only if ican be shown that they were acting in a propriotary capacity (ttun‘eipally of Sen Feranda v. Judge Finvo, G.R, No, L-82179 April 8, 1991) NATIONALE OVERS ge yor ower SLOTS Bupa Sorte een jae ng mga fn of al er AY pune. am iSehlation of the fyounians, and. 131 analaing. and exystl: Sony Beda College of Lay _ ote SR Npfran Teda College of Law issues affacting barangay. goveniinunt ‘éminstation “and. securing, Inraugh proner and” loyal mounts, solutions thereto : + Like the focal government unts, the Liga fag mga Barangay is NOT subjee' to ‘control by the Chiel Executive or his alton ‘ogo Supervising offcart moroly see to it that the rulas afo followed, but ha himsolt duos not lay down such niles, nor docs he have the discrellen to movily or replace thom. if the rules are not observed, he may vrder the wo:k done ot fonts to conforin to the preseitc ules He cannot. prescribe hz own manner the doing of tha act. (Tho Nahonat Liga g mga Baanay. v, Paredes, GR NP. 130775 Seplember 27, 2004) 2 Coordination with national agencies National agencles and olfices with project implementation -functions shall coordiriale with one another jand with the local government units conceined in the discharge of inese functions. They shall ensure thy participation of local government unisa bath ie the planning and inplementation of sa! rational projects. 3. Consultation: No projec! of praqtam shall be implemented by goveinmant authoorios Unless the consultaticns mentioned in Soe 2 {¢) and 76 are camplied wih, and pact approval of the sanggunian concosncd 1s obtained; Provided, thal occupants 1 areas Where such projects are to bo implemented shall not bo evicled uniosn cppropriate relocation sites have been provideo. PHILIPPINE NATIONAL POLICE Tho extent of operstional supervision and control of locel ciel exechlives over the police force, fire protection unit and jai maragement personnel assigned in thelr respective |urisdictions shall,be governed ty the provisions of RAGI75, ‘otherwise known "AS the “Department of Interior and Local Government Acl of $990." INTER-LOCAL GOVERNMENT RELATICNS The province, ‘through ihe governor, shall ensure ‘that every companani civ" and municipality within ie terflotial junediction acts within the ‘scope of ils prescribed power and functions. “Tighty urbanized siies and independen. component cliea shall be independent of the provineo. 7 40 sos + HL MeMoRY Al} IN POLITICAL Lavy] 103, ‘The ely oF munieipaiy, trough the ety or municipal mayor, shal" oxercita general “upervision ver eomponcnt barangays to ensure that said Barangays ect within the: scope of thelr prescribed powers and functions, PEOPLE'S AND ORSANIZATIONS NON-GOVERNMENTAL, Local govérnmert, units shell promote the establishment and operation of people's and ‘eangovernmental organizations to become active _ornera in the pursue! loca autonomy. "“SETVLEMENT OF ROUNDARY DISPUTES Boundary dispules botwonn and among local over:mont unite Two or more baravigays in the same city or runicipality: referred to the sangguniang panlungsod or saxgg'niang hayan. 2. two oF more unicinalties inthe. same province: refeired to the sangguniang pantalawigan 3 municipalities or component citi»s in different provinces: Jointly referred to the sanggunians: of tho provineos concerned. 4. “a componant ety oF raunici aty on tho one hand and 1 highy urban:zed ty onthe other, or to oF more nafly urbanizad cies: jonliy foferrod to tha raspactve kanggunians ofthe artes + time event the sinyguninn falls to effect a settloment within 60 ays tom the cate the dispuse was raferred to HI -sball Isnue a cartficatlon to ihis effect. Tho diapute shal then be. formally view ty. the sanggunian concerned aa iecide the issue within 8 ress Re | eat bam mai cosas dues of Goh y'pirty may ologgihetin ete Inesingualen sneerng AT ne pei Rena ap geseog ii ReceahSwtich a ealffrom the £97 dofino{ie application (Frivalda v. Comulog, G.R No. 120295, Juno 28, 1996) 104 |2009 CENTRALIZED BAR OPERATIONS san Beds College of Law i TARO CENTRALZED OAR OPERATIONS on EU Rta College of Lay 4 4 i PROVISIONS APPLICABLE YO ELECTIVE AND APPOINTIVE LOCAl. OFFICIALS, 1, Prohibited | Business and Pocuniary DISQUALIFICATION OF’ ELECTIVE LOCAL OFFICIALS (Soc, 40, Lac) Interest jl 8. Engage in ariy Business transaction with the local governimeat unit in which no is 4n official oF employoo or cver which he has the power of supervision, o¢ with any of lis aulnorized oaras, officials, egents oF allorneys, whereby monay Is 10 be aid, or property or any otnay Value Is to be transferred, directly 0: Indircti,, eut of the resources of Ire local. ‘Governiniant unit to such person or firm; . Hold such interests. in any cockpit or other yaies deansed by the local governmant unit; ° © Pacchase any ‘real esiale or cther Property forfeited In. favour of the loca! Hoverniiont unit for unpald taxes or ssesumant, oF by virtue of a ler Process at ‘the instancy of the local government uni 4. Be a surely for any person contracting or doing business vath local goverment Unit for ‘whieh a surety ts required; and ©. Possess oF uso uny public property of he mar Dua citizenship as a. disquaiftcation mus: rofer to. clizens...with ‘dcai allagiance’ (Morcada v, Manzano, @.R: No, 136083, Muy 26, 1299; Voliosv. COMELEC, G.R. No. 1377000, August 9, 2000) Fugitives fom juste in criminal and non- poltical cases Nere end abrow’ Include not only those who flee after conwelion to avoid funishinent but lixewise thosy who aller being charyed, flee to avcid prosveution (arquoz v, COMELEC, GR, No, 112889, “Nand 18, 1995), Possossion of uy ‘yroon card” iy ample evidence lo show that the person is an mnunigrant to oF a permanant resiuent of tha (5. (Cans! v. COMELEC, G.R. No. 68821, November 8, 1990), NNER OF ELECTION (Soe, 41, LGC) Governor, vice-govarnor, lly or municips! mayor, ty or municipal vise-mayor an J Punong barangay: elecied at 1 ‘ecai government uni for private Tespectiva unite BU poss, {The pronibtons und int proscribed in 12.6713 also apply. 2. Practice of Protession + All governors, city and municipal mayors, fre prohibited teom’ practising tieir Profession or ~ engaging in uny ‘ccupution other than the exercise of {heir urictions ay jacal chiof executives, + Sungaunian members may practice theic Prufossions, engage in uny occupation, or tough tr. schools except during Session hours, Provided, that those vili9 fre ¥is0" monibors of the Bar. shall ot appear as counsel before any curt in any clvil “case wherein the loca government unit or any office, agency v1 Insitumentalty of the government, QUALIFICATIONS OF “ELECTIVE LOCAL OFFICIALS (Soe, 39, LOC) + The ciizenship raquiromant In te LGC is 10 be possessed by the lective official, at the fatest, as of the time he is proclaimed and at the siait of the tern of offica To. whish fhe hus doe ulecter! Regatiation under PD 825 1% vali and ellective and raleaacts to the uate o: To Sangguniang kabatzsn cha'rman: elected by the registered voters of the Katipunan n} katataan, Regular members of tne sanggunian Funlalnwlgan, paniungsod and bayan lected by ciatrict, as may be provided by ONE 3 NA aR stg Ssan Bede Cottege of ars a MEMORY AID IN POLITICAL LAW * fpluntary renunciation of the office fer any © length of time thall ret be considered as oe, eruption in the continuity of service tar tne fat erm for which the oleeiwe, th ‘concerned was elected term of, office of Barangay and Fangounian Kabatean elecive sticivie, by Virlue of Republic Act 9164, years. (See Annex C) is tee (3) Bian ashe IN CASE OF PERMANENT VACANCY: + When an lective oficial ts.2 hicher vacant Oiiee, vetuses (0 assume oles. folic to (atty, dies, removed from ottice, volar acy FOGS. incnpaciiated to dechnron ie funclions of his ohice 2 fice of the govemer. vice-g: varner 5 office of the mayor: vice-mayor © offers: of the “governen, ‘wee youninen yar or vice mayor: high «at tenkuig Sanggunion mamber or, in cast af Ina Permanent inebilly, the’ send highest ranking sanggunian member Ne office of fhe punong teranpay: sag manest rarking, scngguriang barangay meniber * Imaase of tle between and antong the highont fe na Sangguniang members: tsu ved by the drawing of fos (See, 44, LGC}, * GO burposes of succescinn, ranking in wn Sengguaian shall be delermised an ine base CL Ane Proportion af the votes obiaired by Bach winniiig candidate (9 the total rismber cy Reaislered voles in each cilsieh in the Preceding election, SERMANENT VACANCIES wit SANGGUNIAN, + Who eppoints: president, tough the Executive Secr tary Sangguniang Panisiawigan Bangguniang Pentungsod of HU and lec 2. Govarner, ® Sangguniung Pantungsod of component cities b. Sangguniang Bayan Mayor, upon recommendation of the Sangguniang Barangay concomed Sangguniang Barangay * Becept for tho Sangguniang Barangay, SPpoinive must be 'ncininated by the sons Local Chiet Executive 1 ty Poitical party as that. of she Sanggurien momber who caused thé. vacancy, to Ae, Sangaunian monte does not boieng to any poltizal party: local Ghiet exeeetoe hall appcint person, upon recommendation of the Sanggunian concemad (Gee, 48, Lc}, [109 “lust vacaney* w the Sanggunan rofers lo that created by tho elevation of th nomner formerly occpying the next high R720K which in turn also had bacome vecart AY-ARY of the causes alieady enumarnted 22° form “lat vacancy” is thus used in Bee 45 (0) %0 sifferentiate it trom the other jecaney ererioutly creed, The term by no means refers to the vacancy in the Noo Bastion whilts eccutred with the elevation et BF pincer {6 tha “seventh postion heres Sanggunian: Such constuction vil result re Apsuraly (Newnte v. Cant ot Apponig G.te No. 141307 litarel 29, 200), i 10 caise of Vacancy in the representation of fir youth “nd the barangay in "whe Sangguninn, vacancies shall be. fle automaticaly with tino oftcia! next in mane at the-orpanizaticn concemes, IPORARY VAGANGY i domperarily incnpaciiate+. (laave of absence, Mave! nbrand, suspons on) view fovernur, wiccrmayor, highest ranking Sangguniang tamer excraine the, pwns sin putematlenly funetions oF the focal Ciel ys sere ena tn te pon ‘(RPOUMERHUECIY Nor dition employers cone Ao Rembbraiy ince exces nih co: é traveliny® Within Chic toe ray desigh shall automatically jello no cove, ‘ded Yer (2), authorized any he pawn tne iosU6 }2009 CENTRALIZED BAR OPERATIONS ‘and functions of the office other than the vice ‘governor, uty 0° tnunicipal. vice-mayor, or Highest "ranking sanggueiang barangay rmomber us tho cage maybo. In Gamboa v. Aguirra, G.R. No, 134213, sly 20, 1999, a vi.o-govarnor who is concurrent an acting governor is actualy a quasi governor. For the purpose of exercising his legislative prerogatives and powers, he is deemed a non-inember of the sangguniang panlalawigan for the time being. COMPENSATION (Soe.81, LGC) The compensation of ‘local offcialr and personnal shall be determiiod by the sanggunian concerned, subject to tio provisions of [2.A. 6758 [Compensation and Position Classilication Act of 1088]. The elective barangay officials shall be ented to receive honoraria, allowances and other emolumants as may be provided by law or harongay, municipat or cily ordinance, but 8 than 4,000 per month for the py ngay and PRO0.00 tor the sangguniany barangay members, + Elective local officials shall be entitled * the sama leave privilagys as those enjoyec! by focal officials, including Use (on und commutation thereof 1. disloyalty to the Republic, +n aominisvative, nol criminal, case tor disloyalty Wo the Republie enly requires: substantial evidence (Aguiriaido v, Suntos, GR, No. 94115, August 21, 1992). 2. culpable violation of the Cgnstitulion; 3. dishonesty, oppression, misconduct in office gross negigence or devoliction of duty: 4, commission of olfense involving moral wopitude 0. offense punishable by, at least paision mayor 5, abuse af authority, 6, Unauthorized ausence tor 15 consecuive ‘working days except Sanggunian members; 7. application’ tor or acquisition of foreign clizensnip or residence or stalus of on Immigrant of another ecuntry; and 0. oucth vier grauney wey muy Be proviyd i TGC ond that laws + Aa elective local olticiai may be removed {rom office om.the g:sunds enumerated above by urder of. te propet.eourt oniy'(Salalire v Guinyana, GR. No 117889-92, May 72, 1996) Tor ‘A. vorifiid complaint , shall “be fled with the following: 1. Oifice of the Prasisent ~ againct elective cifieal of provinces, HUG, ICC, Component cities 2. Sungyuniaing Pantalewigan ~ elective officials of municipalities; appealable to the Office of the President; und 3. Sangguniang Panlungsed or Bayan ~ lective barangay officials + A reelected toca! oficial may not be held auininistratively accountable for -nisconduct cemmitied duting tis prior tern of office Tnare 1s ro distineion Bs fo. Lie precise liming or period when the misconduct was committed, feckoned from the vale of the officia's reelection, except that it must be prior to-seid date (Garcia v. Moiica, G.R, No. 139043, Saptember 10, 1996). + Pravenive suspension may be imposed by the Prasident, thy governor, or the .nayor [a8 the cage may be) at any time after tha issues aire joined, when the evidence of guit is ‘rong, and given ihe gravity of ine olfense, here Is graat probally that the continuance in office of the respondent could influence the witnessés of posy a throat to the safety and integrity of the racerds and oll.er evidence: provided that any single preventive suspension shall not extend beyond 80 days, and in the even several administrative cases ‘ay filed against the respondent, he cannot ‘be suspended for move than 90 days within a single wear Einovon of Ssiedb Eaanp for 2 pete hecerPaaon ery Rgapmay be Wy ee during Sipfidahge: and : he eabyeor ten to offic oe Ha wre a regu sit hg Es + tho ree sues, ty, municipal report tice! can only be un core atin of 11 rogstercdSan Veda Cattege oi Kaw MEMORY AID IN POLITICAL LAW 197, vn couse get Honour 1 fagistored voters in the Lad > # during the election in waiah the i ELECTION ON RECALL! . ogee he fling of @ vais petion tor roca a COME MOPHAE cal ottan ot in GOMELEC, “the COMELEG or ily tha ezed Feprer enintive shall set tng dt Inge O° rechi, Which shal eel ba re the ety (80) days uno ove romper ime goat Oftelts, and torty-uw (40) dg inthe ea conatsene 88 duly registered ear dilate oo tne oats {0 the pertinent pasitone nny wie Sheil be oniiled 16 bs veto gpag) 8207 LGC, a8 amended by he 9248) * throueending. peiitons for “recal iniisie i rough the Preparatory Reon Assemnly sot shall 2S, considored dismissed wane the t cofectity of RA 8244 (Apacer Fooruary } 19, 2004), qh EFFECTIVITY OF RECALL, ‘* Only upon the et Successor in the porson ; t eS HS fog BAN atten T07