REQUIREMENTS AND PROHIBITIONS APPLICABLE TO ALL LOCAL OFFICIALS AND EMPLOYEES (Sec 90, 94, 94, Art 177,

179,IRR) Section 90. Practice of Profession 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.b. Sanggunian officials may practice their professions, engage in any occupation, or teach in schools except during session hours. Provided, thatsanggunian members who are also members of the Bar shall not: 1.Appear as counsel before any court in any civil case wherein and LGU or any office, agency or instrumentality of the government is the adverse party 2.Appear as counsel in any criminal case wherein an official or employee of the national or local government is accused of an offense committed inrelation to his office 3.Collect any fee for their appearance in administrative proceedings involving the LGU of which he is an official 4.Use property and personnel of the Government except when the sanggunian member concerned is defending the interest of the Government.c.

citizenship in time for the elections. To allow Frivaldo as governor just because the popular will of the electorate should not befrustrated but setting aside the rule of law in the process would be anarchy. Davide said (How ironic that it was Davide himself who swore in GMAas President during EDSA II)The majority opinion however, fortunately or otherwise, is the prevailing rule, Frivaldo filed his certificate of candidacy for governor onMarch 20, 1995. Raul Lee, the eventual second placer, filed a petition with the COMELEC to disqualify Frivaldo because he was not yet a Filipinocitizen at the time. The COMELEC ruled in favor of Lee but since Frivaldo moved for reconsideration, his candidacy continued. Frivaldo eventuallytopped the elections but on June 30, 1995, the COMELEC acting on Lee's petition, proclaimed Lee as governor.A week later, Frivaldo filed a petition claiming that on June 30, 1995 (day of Lee's proclamation), he took his oath of allegiance as a Filipino citizenafter his August 17, 1994 petition for repatriation has been granted. The COMELEC thus proclaimed Frivaldo as winner.Lee contends: 1. that Frivaldo's disqualification due to his lack of citizenship is a continuing condition and rendered him ineligible to run forgovernor; and 2. the alleged repatriation of Frivaldo cannot be retroactive. Held : Lee is wrong (or maybe, wronged). Reasons: Doctors of medicine may practice their profession even during 1.Under Sec. 39 of the LGC of 1991, there is no showing that a official hours of work only on occasion of emergency. Provided, that candidate for an electoral position must be a Filipino citizen at the official do notderive any monetary income profession. anyparticular date and time. Admittedly, there was the objection that Section 94. Appointment of elective and appointive local officials: since a candidate must have been a registered voter beforehand, he candidates who lost in an election must havetherefore possessed Filipino citizenship in order to a. No elective or appointive local official shall be eligible for become a registered voter. The Court gave an explanation that the appointment or designation in any capacity to any public office or qualification of citizenship for aregistered voter and that for a position during histenureUnless otherwise allowed by law or primary candidate are separate. functions of his position, no elective or appointive local official shall The registration requirement of a candidate moreover, is for the hold any other office oremployment in the Government or any purpose of registering him as a voter in the area or requirement of a subdivision or agency, or instrumentality thereof, including candidate moreover, is only for the purpose of registering him as a government owned or controlled corporation(GOCC) or their voter in the area or territory he seeks to govern.He does not actually subsidiaries;b. Except for losing candidates in barangay elections, have to vote (Ang layo! The issue is citizenship, not voting. The no candidate who lost in any elections shall within 1 year after such issue of being a registered voter was merely raised to bolster election be appointed to anyoffice in the Government or any GOCC theclaim that the qualification of citizenship is a continuing one and or in any of the subsidiaries thus cannot be acquired at a later time. The Court is saying, Run Section 95. Additional or double compensation now, acquirecitizenship later, which is lousy. Is this the way we treat No elective or appointive local official or employee shall receive our precious citizenship?) additional, double or indirect compensation unless specifically 2.The alleged repatriation of Frivaldo can be retroactive. PD 725 authorized by law,nor accept, without the consent of Congress, any declares that repatria present, emoluments, office, or title of any kind form any foreign tion creates a new right in order to cure a defect in the existing government. Pensions or gratuitiesshall not be considered additional naturalization law. In Frivaldo's cause he was stateless at the time or double or indirect compensation. he took his Filipino oath of allegiance since in his comment, he has Article 177. IRR. Practice of profession. Same as Section 90, LGC longrenounced his American citizenship (a self serving statement). Article 179. IRR Prohibited business and pecuniary interest. Moreover since he ran for governor several times prior to 1995, he a. It shall be unlawful for any local government official or employee necessarily musthave taken the Filipino oath of allegiance several whether directly or indirectly, to: times as well, which is another indication of renunciation of his 1. Engage in any business transaction with the LGU in which he is American citizenship (Davidecountered that it is the US, not an official or employee or over which he has the power of Frivaldo, who decides who is and who is not her nationals, a supervision or with any of its authorized boards, officials, agents or principle in international law). Therefore, to preventprejudice to attorneys where money is to be paid, or property or any other thing Frivaldo by letting him remain stateless for a substantial period of of value is to be transferred, directly orindirectly, out of the resources time while in the meantime being deprived of his rights, it is clear of the LGU to such person or firm; thenthat PD 725 was intended to be retroactive. In short, Frivaldo's 2.Hold such interests in any cockpit or other games licensed by LGU repatriation retracted to Aug 17, 1994, the day he filed his 3.Purchase any real estate or other property forfeited in favor of an application for such and not just on June 30, 1995. LGU for unpaid taxes or assessment or by virtues of a legal process 2.Salomon v. NEA 169 SCRA 507Facts at the instance of the said LGU : Natividad Salomon was a Director for the La Union Electric 4.Be a surety for any person contracting or doing business with an Corporation (LULECO). Because she was also a Barangay Captain LGU for which a surety is acquired; and of Natividad, Naguilan, La Union, the Minister of Local Government 5.Possess or use any public property of an LGU for private of La Union appointed her as a member of the sangguniang purposesb., All other prohibitions governing the conduct of national Panlalawigan of LaUnion. The National Electrification public officers relating to prohibited business and pecuniary interest Administration, however, disqualified her from further acting as so provided in RA6713, otherwise known as the Code of Conduct LULECO director by authority of Sec. 21 of PD269 which says, and Ethical Standards of Public officials and Employees, and other Elective officers of the government, except barrio captain and rules and regulations shall also beapplicable to local government councilors, shall be ineligible to become officers and/or directors of officials and employees.Read SC Circular No. 12 dated June 30, any (electric cooperative). (Section 21 PD No. 269). The legal 1988Circulars passed by the SC and administrative agencies are a provision is also incorporated in section 3, Article IV of the bit more difficult to research. They're probably not that important LULECO's by laws which runs: No persons shall be eligible to anyway probably. become or to remain a board member of the cooperative who holds ELECTIVE OFFICIALSA. an elective office in the government above the level of a barangay captain. Qualification and Election1. Salomon simply argued that she is not an elective officer but an appointive officer as the facts above show. Is she therefore exempt Frivaldo v. COMELEC 257 SCRA 727Facts form theprohibition?Held: No, the spirit of the law would be : The dissenting opinion by Justice Davide here is both prophetic undermined that incumbents of elective offices be prevented form and ironic because he spoke that sovereignty cannot be exerting political influence and pressureon the management of the fragmentizedbecause such fragment cannot be treated as a whole. cooperative. The spirit of the law is as much a part of what is was Davide was talking about the rule that the popular will of the people written (wow). (of Sorsogon) in electingJuan Frivaldo as governor should not be B. Vacancies and succession frustrated since he garnered the most votes. Yet Frivaldo won under 1.Permanent Vacancies a cloud of doubt because he may not havelegally reacquired his

* Sec 44. Permanent vacancies in the office of the governor, vice governor, mayor and vice mayor.a. If a permanent vacancy occurs in the office of the governor or mayor, the vice governor or vice mayor concerned shall become thegovernor or mayor. If a permanent vacancy occurs on the office of the governor, vice governor, mayor, or vice mayor as the case may be.Subsequent vacancies in the said office shall be filled automatically by other sangguniang members according to their ranking as defined therein.b. If a permanent vacancy occurred in the office of the punong barangay, the highest ranking sangguniang barangay member or, in the caseof his permanent inability, the second highest ranking sanggunian member shall become the punong barangay.c. A tie between or among the highest ranking sangguniang members shall be resolved by the drawing of lotsd. The successors as defined herein shall serve only the unexpired portions of their predecessors.For purposes of this chapter, a permanent vacancy arises when an elective local official fills a higher vacant office, refuses to assume office,fails to qualify, dies, is removed from office, voluntarily resigns, or is otherwise permanently incapacitated to discharge the functions of his office.For purposes of succession as provided in this chapter, ranking in the sanggunian shall be determined on the basis of the proportion of votesobtained by each winning candidate to the total number of registered voters in each district in the immediately preceding local election. * Sec 45. Permanent vacancies in the sanggunian a. Permanent vacancies in the sanggunian where automatic successions provided above do not apply shall be filled by appointment in the mannerprovided: 1.The President, thru the Executive Secretary, in the case of the Sangguniang Panlalawigan and the Sanggunian Panlungsod of highly urbanized citesand independent component cities; 2.The governor, in case of the sangguniang panlungsod of component cites and the sangguniang bayan 3.The city or municipal mayor, in case of the sangguniang barangay, upon recommendation of the sangguniang bayan concernedb. Except for the sangguniang barangay, only the nominee of the political party under which the sangguniang member concerned had been elected andwhose elevation to the position next higher in rank created the last vacancy in the sanggunian shall be appointed in the same manner herein provided.The appointee shall come form the same political party as that of the sangguniang member who caused the vacancy and shall serve the unexpired termof the vacant office. In the appointment herein mentioned a nomination and a certificate of membership of the appointee from the highest official of thepolitical party concerned are conditions sine qua non and any appointment without such nomination shall be null and void and shall be a ground foradministrative action against the official thereof.c. In case the permanent vacancy in the representation of the youth and barangay in the sanggunian, said vacancy shall be filled automatically by theofficial next in rank by the organization concerned 2.Temporary Vacancies *Section 46 Temporary vacancies in the office of the local chief executive a. When the governor city or municipal mayor or punong barangay is temporarily incapacitated to perform his duties for physical or legalreasons such as but not limited to, leave of absence, travel abroad, suspension from office, the vice-governor, city or municipal vice-mayor or thehighest ranking sangguniang barangay member shall automatically exercise the powers and perform the duties of the local chief executive concernedexcept the power to appoint, suspend, or dismiss employees which can only be exercised if the period of the temporary incapacity exceeds for 30working daysb. Said temporary incapacity shall terminate upon submission to the appropriate sanggunian of a written declaration by the local chief executive concerned that he has to return back to office. In cases where the temporary incapacity is due to legal causes the local chief executiveconcerned shall also submit necessary documents that said legal causes no longer exist. c. When the incumbent local chief executive is traveling within the country but outside his territorial jurisdiction for period not exceeding 3consecutive days, he may designate in writing an officer-in-charge of the said office. Such authorization shall specifies the powers and functions thatthe local official concerned shall exercise in the absence of the local chief executive except the power to appoint, suspend, or dismiss employeesd. In the event, however, that the local chief executive concerned fails or refuses to issue such authorization, the vice-governor, the city ormunicipal vice-mayor, or the highest ranking sangguniang barangay member, as the case may be, shall have the right to assume powers, duties andfunction of the said office on the 4thday of absence of the said local chief executive, subject to the limitation provided in subsection (C) hereof.e. Except as provided above the local chief executive in no case authorized any local official to assume the powers, duties and

functions,other than the vice-governor, the city or municipal vicemayor, the highest sangguniang barangay member, as the case may be. 3.Resignation * Article 82 IRR. Resignation a. Resignation of elective local officials shall be deemed effective only upon acceptance of the following authorities: 1.By the President, in the case of governor and vice-governor, mayors and vice-mayors of highly urbanized cities, independent component cities andmunicipalities within the Metro Manila and other metropolitan political subdivisions as may be created by law. 2.By the governor, in case of municipal mayor, municipal vicemayors, mayors and vice-mayors of component cities 3.By the sanggunian concerned, in the case of sanggunian members: and 4.By the city or the municipal mayor, in the case of barangay officialsb. The DILG shall be furnished copies of the letters of the resignation letters of elective local officials together with the action taken by theauthorities concernedc. The resignation shall be deemed accepted if not acted upon by the authority concerned within 15 days from receipt thereof d. Irrevocable resignations by sanggunian members shall be deemed accepted upon presentation before an open session of the sanggunianconcerned and duly entered in its records. This provision shall not apply to sanggunian members who are subject to recall elections or to cases whereexisting laws prescribed of acting upon such resignations. Disciplinary Action (Art. 124, IRR) *Article 124. Grounds for Disciplinary Action.a) An elective local official may be censured, reprimanded, suspended or removed from office after due notice and hearing on the followinggrounds:1) Disloyalty to the republic of the Philippines.2) Culpable violation of the Constitution.3) Dishonesty, oppression, misconduct in office, gross negligence or dereliction of duty.4) Commission of any offense including moral amplitude or an offense punishable by at least prison mayor which is from 6 years and 1day to 12 years imprisonment.5) Abuse Authority6) Unauthorized absence of 15 consecutive working days, in the case of the local chief executive and 4 consecutive sessions in the case of members of the sanggunian panlalawigan, sanggunian panlungsod, sangguniang bayan and sangguniang barangay.7) Application for, or acquisition of, foreign citizenship or residence or the status of an immigrant of another country; and8) such other grounds as may be provided by the Code, RA 6713, RAC of 1987, RPC and all other applicable general and special laws.b) An elective local official may be removed from office on the grounds enumerated in paragraph a, of this article by order of the proper court, orthe disciplinary authority whichever first acquires jurisdiction to the exclusion if the other. 1.Grounds for Suspension and Removal (Sec. 60, LGC) *Sec. 60 Grounds for disciplinary action. (Same as Article 124, IRR above). 1.Procedure (Sec. 84, LGC) *Sec. 84. Administrative discipline. Investigation and adjudication of administrative complaints against appointive local officials andemployees as well as their suspension and removal shall be in accordance in the civil service law and rules and order pertinent laws. Te result of suchadministrative investigations shall be reported to the CSC. 3. Preventive Suspension (Section 63-64, 85-87, LGC, Art. 127, IRR) Read also section 42, PD 807 (now Sec. 52, RAC of 1987) *Section 63. Preventive Suspension.a) Preventive Suspension may be imposed:1) By the president, if the respondent Is an elective official of a province, highly urbanized or independent component city.2) By the governor, if the respondent is an elective official of a component city or municipality.3) By the mayor, if the respondent is an elective official of a barangay.b) preventive suspension may be imposed at any time after the issues are joined, when the evidence of guilt is strong, and given the gravityof the offense, there is great probability that the continuance in the office of the respondent could influence the witnesses or pose a threat to the safetyand integrity of the records and other evidence: provided, that any single preventive suspension of local elective officials shall not extend beyond 60days: provided further, that in the event that several administrative cases are filed against and elective official, he cannot be preventively suspended formore than 90 days within the single year on the same ground or grounds existing and known at the time of the first suspension.c) Upon expiration of the preventive suspension, the suspended elected official shall be deemed reinstated in office without prejudice to thecontinuation of the proceedings against him, which shall be terminated within 120 days from the time he as 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, other than the appeal duly filed, the duration of such delayshall not be counted in computing the time of termination of the case.d) Any

abuse of the exercise of the power of preventive suspension shall be penalized as abuse of authority. *Sec. 64. Salary of respondent pending suspension. The respondent official preventively suspended from office shall receive salary orcompensation including such emoluments accruing during such suspension.*Sec. 85. Preventive suspension of appointive local officials and employees.a) the local chief executives may preventively suspend for a period not exceeding 60 days any subordinate official or employee under hisauthority pending investigation if the charged against such officials or employee involves dishonesty, oppression or grave misconduct or neglect in theperformance of duty, or if there is reason to believe that the respondent is guilty of the charges which would warrant his removal from the service.b) Upon expiration of the preventive suspension, the suspended official or employee shall be automatically reinstated in office withoutprejudice to the continuation of the administrative proceedings against him until its termination. If the delay in the proceeding of the case is due to thefault, negligence or request of the respondent, the time of the delay shall not be counted in the computing of the period of the suspension hereinprovided.*Sec.86. Administrative investigation. In any LGU, administrative investigation may be conducted by a person or committee duly authorizedby the local chief executive. Said person or employee shall conduct hearings on the cases brought against appointive local officials and employees andsubmit their findings and recommendations in the local chief executive concerned within 15 days from the conclusion of the hearings. Theadministrative cases herein mentioned shall be decided within 90 days from the time the respondent is formally notified by the charges.*Sec. 87. Disciplinary charges. Except other wise provided by the law, the local chide executive may impose the penalty of removal fromservice, demotion in tank, suspension for not more than 1 year without any fine in an amount not exceeding 6 months salary, of reprimand and otherwise disciplined subordinate officials and employees under his jurisdiction. If the penalty imposed is suspension without pay for not more than 30days, the decision shall be appealable to the CSC, which shall decide the case within 30 days from receipt thereof.*Article 127, IRR. Exactly the same as Sec. 63, LGC*Sec 52, RAC of 1987. Lifting of preventive suspension pending administrative investigation (Book V, Subtitle A on CSC, chapter 6). Whenthe administrative case against the officer or employee under preventive suspension is not finally decided by the disciplining authority within theperiod of 90 days after the date of suspension of the respondent who is not a presidential appointee, the respondent shall be automatically reinstated inthe service: provided, that when the delay in disposition of the case is due to the fault, negligent or the petition of the respondent, the period of delayshall not be counted in computing the period of suspension herein provided.Kinds of preventive suspension (with regards to civil service employees who are charged with offense punishable with suspension orremoval) (revised administrative code of 1987)1) Preventive suspension, pending investigation.2) Preventive suspension pending appeal, if the penalty imposed by the disciplining authority suspension or dismissal. 4. Right of the Respondent (Art. 129, IRR) *Art. 129. Right of respondent, IRR. The respondent shall be accorded full opportunity to appear and defend himself in person or by counsel, toconfront and cross-examine the witnesses against him, and to require the attendance of witnesses and the production of documentary evidence in his favor thru the compulsory process of subpoena or subpoena duces locum. 5. Administrative Investigation and Appeals (Art. 131, IRR)*Art. 130. Investigation and decision.a) The investigation of the case shall be terminated within 90 days from the start thereof. Unreasonable failure to complete the investigation aftersame period of 90 days by the person or persons assigned to investigate shall be a ground for disciplinary action.b) Within 30 days after the end of the investigation, the Office of the president or the Sanggunian concerned shall render a decision stating clearlyand distinctly the facts and reasons for such decisions. Copies of decision shall be immediately furnished the respondent and all interested parties. Incase of failure of the Sanggunian concerned to render a decision on the resolution recommended on the investigation within 30 days after the end of theinvestigation, the recommended resolution shall be considered the decision.c) The penalty of suspension shall not exceed the unexpired term of the respondent or a period of 6 months for every administrative offense, norshall said penalty be a bar to the candidacy of the respondent so suspended as long as he meets the qualifications required for the office.d) The penalty of removal from office shall be considered a bar to the candidacy of the respondent for any elective position.*Art. 131. Administrative appeals, IRR. Decisions in administrative cases may, within 30 days from receipt thereof, may be appealed to thefollowing:1) The Sangguniang Panlalawigan, in the case of decisions of the

Sangguniang Panlungsod of component cities and the Sangguniangbayan, and2) The office of the president, in case of decisions of Sangguniang Panlalawigan, Sangguniang Panlungsod of highly urbanized cities andindependent component cities, and the sangguniang bayan of municipalities within MMA.Decisions of the office of the president shall be final executory. KATARUNGAN PAMBARANGAY LAW Read sections 399 to 420, LGC. (Not e: the following information on the KBL and the League of Local Government Units were lifted from thePolitical Law Reviewer by Nachura). A. The Barangay1. Chief Officials and Officers a) There shall be in each barangay a PB; 7 SB members, the SK chairman, a barangay secretary and a barangay treasurer. There shall alsobe in every barangay a lupong tagapamayapa. The SB may from community brigades and create such other positions or officers as may be deemednecessary to carry out the purposes of barangay government.1) For purposes of the RPC, the PB, SB members, lupong tagapamayapa in each barangay shall be deemed as persons inauthority in the jurisdiction, while other barangay officials and members who may be designated by law or ordinance and charged with themaintenance of public order, protection and security of life and property, or the maintenance of a desirable and balanced environment, and anybarangay member who come to the all of persons authority, shall be deemed agents persons in authority in Milo v. Salonga, 152 SCRA 113, the barangay chairman is a public officer who may be charged with arbitrary detention. In People v. Monton (1998), it was held that the barangaychairman is entitled to posses and carry firearm within the territorial jurisdiction of the barangay (Sec. 88(3), B.P. 337). He may not be thereforeprosecuted for illegal possession of firearms. 2. The Barangay Assembly There shall be a barangay assembly composed of all person who are actual residents of the barangay for at least 6 months 15 years of age overcitizens of the Philippines and duly registered in the list of barangay assembly members. It shall meet at least twice a year to hear and discuss asemestral report of the SB concerning its activities and finances as well as problems affecting the barangay. a) Powers of the barangay assembly. Read Sec. 398, R.A 7160 3. Katarungang Pambarangay a) Lupong Tagapamayapa. There is here by created in each barangay a LT composed of the PB as chairman and 10 to 20 members.The lupon shall be constituted every 3 years.1) Powers of the Lupon (i) exercise administrative supervision over the conciliation panels; (ii) meet regularly once a month toprovide a forum for exchange of ideas among its members and the members to share with one another their observations and experiences in effectingspeedy resolution of disputes and; (iii) exercise such other powers and perform such other duties as may be prescribed by law or ordinance.b) Pangkat ng Tagapagkasundo. There shall constituted for each, dispute brought before the lupon a conciliation panel to be known as thepangkat ng tagapagkasundo, consisting 3 members who shall be chosen by the parties to the dispute from the list of members of the lupon. Should theparties fail to agree on the pangkat membership, the same shall be determined by lots drawn by the lupon chairman.c) Subject matter of amicable settlement; procedure, conciliation, arbitration, effects of settlement and arbitration award. 4. Sangguniang Kabataan a) Creation; composition. There shall be every barangay a SK to be composed of chairman 7 members, a secretary and a treasurer. Anofficial who during his term of office shall have passed the age of 21 shall be allowed to serve the remaining position for the term for which he waselected.1) Powers and functions. Read Sec. 426 RA 7160b) Katipunan ng mga Kabataan: Shall be composed of citizens of the Philippines actually residing in the barangay for at least 6 months,who are 15 but not more than 21 years of age, who are duly registered in the list of the SK or in the official barangay list in the custody of the barangaysecretary. He shall meet once every 3 months or at the call of the SK chairman, or upon written petition of at least 1/20 of its members.c) Pederasyon ng mga SK. There shall be an organization of all the pederasyon ng mga SKi) In municipalities, the pambansang pederasyonii) in cities, panlungsod na pederasyoniii) In provinces, panlalawigang pederasyoniv) In special metropolitan political subdivisions, pangmetropolitang pederasyon;v) On the national level; pambansang pederasyonB. The Municipality. Read Sec. 440-447 RA 7160C. The City. Read Sec. 448-548 RA 7160D. The Province. Read Sec. 459- 468, RA 7160