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Public
Corporations
Law
st
Amb.
Tolentino
1
Sem
2015-2016
First Assignment: Pages 129- 140
AKD Notes - FINALS
Page 1
2. whether the ordinance adequately guards against arbitrary and discriminatory
enforcement
- Law is MORE STRINGENT in applying vagueness test if ordinance affects a constitutionally
protected right
CHAPTER
III
Local
Legislation
Section
48.
Local
Legislative
Power.
-
Local
legislative
power
shall
be
exercised
by
the
sangguniang
panlalawigan
for
the
province;
the
sangguniang
panlungsod
for
the
city;
the
sangguniang
bayan
for
the
municipality;
and
the
sangguniang
barangay
for
the
barangay.
Validity
of
an
ordinance:
1. It
must
not
only
be
within
the
corporate
powers
of
the
municipal
corporation
to
enact,
2. but
must
also
be
passed
according
to
the
procedure
described
by
law
3. and
must
be
in
consonance
with
principles
of
a
substantive
nature
-
Such
principles
require[requisites
of
a
valid
ordinance]
:
a. it
must
not
contravene
with
Constitution
or
any
statute
b. must
not
be
unfair
or
oppressive
c. must
not
be
partial
or
discriminatory
d. must
not
prohibit
but
may
regulate
trade
e. must
be
general
and
consistent
with
public
policy
f. must
not
be
unreasonable
An
ordinance
is
PRESUMED
TO
BE
VALID
where
it
has
reference
to
a
subject
matter
that
is
within
corporate
jurisdiction
unless
the
contrary
appears
on
the
face
of
the
ordinance
itself
-
presumption
does
not
preclude
judicial
inquiry
into
the
validity
of
an
ordinance
Effect
of
partial
invalidity
if
the
invalid
part
is
severable
from
the
rest,
the
part
which
is
valid
may
remain
Consistency
with
law
ordinances
regulating
subjects,
matters,
things
on
which
there
is
a
general
law
of
the
state
must
be
in
harmony
with
state
laws,
and
a
conflict
between
ordinance
and
statute,
the
latter
must
prevail,
unless
ordinance
is
specifically
given
predominance
in
a
particular
instance
or
particular
subject
matter
-
statutes
and
ordinances
are
to
be
reconciled
when
possible
and
effect
given
to
both
Reasonableness
of
an
ordinance
Reasonableness
is
what
is
fairly
appropriate
in
view
of
the
conditions
and
not
necessarily
what
is
best
o Test
of
reasonableness:
1.
Ordinance
is
within
the
powers
of
the
municipal
corporation
2.
Ordinance
is
positive,
definite,
and
certain
in
its
terms
3.
Ordinance
is
general,
uniform,
and
impartial
in
its
operation
4.
Ordinance
is
not
in
restraint
of
trade,
oppressive
or
in
contravention
with
common
rights
o Test
of
validity
and
constitutionality
not
what
has
been
done
under
it,
but
what
the
law
or
ordinance
authorizes
to
be
done
under
its
provisions.
Moreover,
the
unreasonableness
of
an
ordinance
is
to
be
measured
not
by
its
effect
on
the
individual
attacking
it,
but
by
its
effect
on
the
whole
class
to
which
it
applies
o Definite
and
Certain
an
ordinance
must
be
clear,
precise,
definite,
and
certain
in
its
terms.
-
An
ordinance
is
vague
to
the
extent
that
its
precise
meaning
cannot
be
ascertained
-
invalid
-
An
ordinance
is
definite
and
certain
in
its
statement
of
prohibited
conduct
to
enable
persons
of
ordinary
intelligence
who
read
the
ordinance
to
understand
what
activity
is
proscribed
and
govern
their
actions
accordingly
-
Inquiries
when
an
ordinance
is
invalid
for
VAGUENESS:
1.
whether
the
ordinance
gives
fair
warning
to
those
persons
potentially
subject
to
it,
and
o Ordinance
under
express
and
specific
power
an
ordinance
will
be
sustained
regardless
of
the
opinion
of
the
court
respecting
its
reasonableness,
where
its
terms
and
provisions
are
expressly
and
specifically
authorized
by
charter
or
statutory
authority,
where
it
is
not
inconsistent
with
the
Constitution,
treaties
or
laws,
and
where
the
power
to
enact
it
has
been
substantially
followed
and
exercised
in
a
reasonable
manner
-
Rationale:
questions
of
wisdom
and
expediency
in
authorizing
a
municipality
to
enact
certain
legislation
are
for
the
legislature,
and
not
the
courts.
o Ordinance
under
general,
implied,
or
incidental
power
is
open
to
inquiry
of
the
courts.
Such
an
ordinance
must
be
reasonable
and
not
oppressive,,
or
it
will
be
held
to
be
void
-
The
power
to
pass
the
ordinance
is
general
when
the
manner
of
exercising
it
is
not
specified,
or
when
the
ordinance
has
not
been
expressly
ratified
by
the
legislature
-
Rationale:
in
every
power
given
to
a
municipal
corporation
to
pass
by-laws
or
ordinances
there
is
an
implied
restriction
that
the
by-laws
or
ordinances
will
be
reasonable,
consistent
with
the
general
law
and
policy
of
the
state,
uniform
in
their
operation,
and
promotive
rather
than
destructive
of
lawful
businesses
and
occupations
-
Ordinances
adopted
by
exercise
of
the
initiative
or
sustained
by
exercise
of
referendum,
where
authorized
under
general
or
implied
powers,
are
also
subject
to
the
rule
that
it
should
meet
the
test
of
reasonableness.
o Effect
if
reasonable
in
some
instances
where
ordinance
may
operate
reasonably
in
some
instances
and
unreasonably
in
others,
it
will
be
permitted
to
stand,
leaving
open
the
reasonableness
of
its
operation
in
particular
cases
o Evidence
required:
unreasonableness
must
be
pled
and
proven,
burden
of
proof
on
party
asserting
it,
since
an
ordinance
is
presumed
to
be
reasonable.
-
Unreasonableness
must
be
PALPABLE
ON
ITS
FACE,
or
evidence
of
its
unreasonableness
must
be
PLAIN
AND
CLEAR
to
overcome
presumption
of
unreasonableness
Not
partial
or
discriminatory
An
ordinance
which
classifies
in
any
way
must
be
reasonable
in
its
classifications.
o Test
of
valid
classification:
1.
It
must
be
germane
to
the
purpose
of
law
2.
It
must
not
be
based
on
existing
circumstances
only,
or
so
constituted
as
to
preclude
additions
to
the
number
included
within
a
class
3.
The
law
must
apply
equally
to
each
member
of
the
class
4.
Classification
must
be
based
on
substantial
distinctions
which
make
one
class
different
from
another.
Not
in
prohibition
of
trade
all
ordinances
having
the
effect
of
unreasonably
interfering
with
or
restraining
trade
or
commerce,
preventing
competition,
creating
monopolies
and
depriving
persons
engaged
in
traffic
and
industry
from
equal
opportunities
are
void
o There
must
be
some
logical
connection
between
the
object
sought
to
be
accomplished
by
an
ordinance
regulating
a
business
or
trade
and
the
means
prescribed
to
accomplish
the
end;
otherwise
the
ordinance
is
unreasonable
and
void
General
and
consistent
with
public
policy
the
rule
requires
at
least
substantial
conformity
and
under
it
an
ordinance
cannot
prohibit
what
public
policy
permits,
or
permit
that
which
public
policy
forbids.
Public Corporations Law
st
Amb. Tolentino 1 Sem 2015-2016
Judicial
Review
of
validity
of
ordinances
courts
have
the
power
to
determine
the
validity
of
an
ordinance.
However,
when
courts
are
called
upon
to
determine
the
constitutionality
of
a
local
act,
they
must
proceed
from
the
presumption
that
such
local
act
is
constitutional
and
valid
o The
extent
of
power
of
courts
is
to
see
that
the
limitations
existing
under
or
powers
granted
by
the
Constitution
and
the
laws
are
not
transcended.
o Restricted
to
ordinances
enacted
under
general,
implied,
or
incidental
powers
Declaratory
relief
Rule
63,
1997
Rules
of
Civ
Pro
governs
petition
for
declaratory
relief.
Notification
of
Sol
Gen
is
discretionary
upon
the
court
and
non-compliance
does
not
affect
jurisdiction
or
validity
of
proceedings.
Injunction
An
ordinance
passed
within
the
scope
of
corporate
powers
will
not
be
judicially
questioned
or
restrained
by
injunction.
Remedy
of
injunction
is
used
to
prevent
the
execution
or
enforcement
of
the
irregular
action
Certiorari
[memorize
definition/requisites]
not
a
proper
remedy
o The
following
requisites
must
concur
for
a
writ
of
certiorari
to
issue:
1.
it
must
be
directed
against
a
tribunal,
board,
or
officer
exercising
judicial
or
quasi-judicial
functions
2.
the
tribunal,
board,
or
officer
must
have
acted
without
or
in
excess
of
jurisdiction
or
with
grave
abuse
of
discretion
amounting
to
lack
or
excess
of
jurisdiction
3.
There
is
no
appeal
or
any
plain,
speedy
and
adequate
remedy
in
the
ordinary
course
of
law
o Person
is
exercising
judicial
functions
where
he
has
the
power
to
determine
what
the
law
is
and
what
the
legal
rights
of
the
parties
are,
and
then
undertakes
to
determin
these
question
sand
adjudicate
upon
the
rights
of
parties.
o Quasi
judicial
function
on
the
other
hand,
is
a
term
which
applies
to
the
actions,
discretion,
etc.,
of
public
administrative
officers
or
bodies
required
to
investigate
facts
or
ascertain
the
existence
of
facts,
hold
hearings,
and
draw
conclusions
from
them
as
a
basis
for
their
official
action
and
to
exercise
discretion
of
a
judicial
nature
Power
to
repeal
ordinance
-
power
to
enact
ordinances
implies,
unless
otherwise
provided
in
the
grant,
power
to
repeal
them.
o A
municipal
corporation
can
repeal
an
ordinance
only
by
act
of
equal
dignity,
by
an
ordinance
and
not
by
methods
passed
an
published
with
the
same
formality
as
is
required
of
an
ordinance
o To
accomplish
repeal,
there
must
either
be
language
employed
in
the
later
ordinance
expressly
declaring
the
intention
to
repeal
the
earlier
language,
or
there
must
exist
in
the
subsequent
ordinance
language
in
inconsistent
with
the
provisions
of
the
former
as
to
necessarily
effect
a
repeal
by
implication
Implied
repeal
not
favored
by
courts
and
are
to
be
avoided,
where
possible,
by
any
reasonable
construction;
the
rules
is
applicable
to
municipal
ordinances
as
well
as
to
statutes.
o In
absence
of
express
repeal,
indication
of
an
intention
to
effect
a
repeal
of
a
prior
legislation
must
be
clear
and
compelling.
o May
only
be
found
when
there
is
an
irreconcilable
conflict
between
the
two
laws
or
ordinances
or
when
reasonable
construction
can
lead
to
no
other
result
Interpretation
of
Ordinances
mun
ord
are
to
be
construed
by
same
rules
that
govern
construction
of
statutes
AKD Notes - FINALS
Page 2
Sanggunian no power to cite in contempt or to subpoena - the contempt power of legislature is
sui generis and local legislative bodies cannot correctly claim to possess it, since the power does not
attach as a discharge of legislative functions per se, but to the character of legislature [Congress] as
one of the three independent and coordinate branches of government in a matter of self preservation.
o Contempt power and power to subpoena are judicial in nature, and cannot be implied in the grant
of legislative power to Sanggunians. Neither can they exist as mere incidents of the performance
of legislative functions
CASE: NEGROS ORIENTAL II ELECTRIC COOP, INC. VS. SANGGUNIANG PANGLUNGSOD NG
DUMAGUETE [155 SCRA 421 (1987)]
Assailed is the validity of a subpoena sent by the respondent Committee to the petitioners,
Chairman of the Board of Directors and the General Manager, respectively, of petitioner Negros
Oriental II Electric Cooperative (NORECO II), requiring their attendance and testimony at the
Committees investigation. Similarly under fire is the Order issued by the same Committee on the
latter date directing said petitioners to show cause why they should not be punished for
legislative contempt due to their failure to appear at said investigation.
Petitioners contend that the respondent Sangguniang Panlungsod of Dumaguete is bereft of the
power to compel the attendance and testimony of witnesses, nor the power to order the arrest of
witnesses who fail to obey its subpoena. It is further argued that assuming the power to compel
the attendance and testimony of witnesses to be lodged in said body, it cannot be exercised in the
investigation of matters affecting the terms and conditions of the franchise granted to NORECO II
which are beyond the jurisdiction of the Sangguniang Panlungsod.
HELD: A line should be drawn between the powers of Congress as the repository of the legislative
power under the Constitution, and those that may be exercised by the legislative bodies of local
government unit, e.g. the Sangguniang Panlungsod of Dumaguete which, as mere creatures of law,
possess delegated legislative power. Thus, the contempt power, as well as the subpoena power,
which the framers of the fundamental law did not expressly provide for but which the then
Congress has asserted essentially for self-preservation as one of three co-equal branches of the
government cannot be deemed implied in the delegation of certain legislative functions to local
legislative bodies.
Power to license - municipal license is essentially a governmental restriction upon private rights
and is valid only if based upon an exercise of police or taxing powers
o power to license as to power to prohibit the power of regulation and licensing may constitute or
imply power to prohibit businesses or activities that are inherently or potentially menace to
public welfare, health, safety, morals, or order.
o Municipal power of police regulation and licensing ordinarily does not extend to prohibition of
lawful businesses or activities
o Delegation of licensing power cannot be delegated. General rule is that administrative but not
legislative powers can be delegated to boards or officials relative to licenses and permits.
o Amount to license fee implied in a power to license, if the power is granted for revenue purposes
o Power to revoke licenses municipal power and discretion depends upon the terms of pertinent
statutes and ordinances and the nature of the business or activity for which the license or permit
was issued, the public necessity for revocation, and the effect of the revocation upon contract and
property rights
Public Corporations Law
st
Amb. Tolentino 1 Sem 2015-2016
o Power
to
revoke
licenses
also
governed
by
national
law
the
power
to
approve
a
license
includes
by
implication,
even
if
not
expressly
granted,
the
power
to
revoke
it.
By
extension,
the
power
to
revoke
is
limited
by
the
authority
to
grant
the
license
from
which
it
is
derived
in
the
first
place.
AKD Notes - FINALS
Page 3
same
rights,
powers
and
prerogatives
of
voting
as
the
mayor.
The
Petitioner
Cannot
Vote
Twice
to
Elect
City
Secretary
of
the
Board.
The
law
provides
that
"the
city
secretary
shall
be
elected
by
majority
vote
of
the
elective
city
council
or
municipal
board."
The
majority
of
the
council
elected
shall
constitute
a
quorum
to
do
business.
"Majority"
means
the
number
greater
than
half
or
more
than
half
of
any
total.
There
are
seven
(7)
councilors
in
the
municipal
board
of
Naga
City.
Four
councilors,
therefore,
would
constitute
a
majority
who,
voting
together
for
a
single
person
could
elect
a
secretary
of
the
municipal
board.
-
If
the
FDA
grants
a
license
upon
its
finding
that
applicant
drug
store
has
complied
with
general
laws
and
administrative
IRR,
it
is
only
for
their
violation
that
the
FDA
may
revoke
such
license.
By
the
same
token,
having
granted
permit
upon
his
ascertainment
that
the
conditions
thereof
have
been
complied
with,
it
is
only
for
the
violation
of
such
conditions
that
the
mayor
may
revoke
said
permit.
[Basically
she
is
contending
that
she
as
vice
mayor
and
presiding
officer
can
vote
twice
once
as
a
Conversely,
the
mayor
may
not
revoke
his
own
permit
if
the
ground
is
non-compliance
with
member,
and
once
as
presiding
officer.]
conditions
laid
down
by
the
FDA.
The
FDA
on
the
other
hand
may
not
revoke
its
license
on
the
grounds
laid
down
by
the
mayors
permit
has
been
violated.
[Gordon
v.
Veridiano
II]
Issue:
Is
the
vice-mayor
of
Naga
city,
besides
being
the
presiding
officer
of
the
municipal
board,
also
a
member
thereof?
Corollary
thereto,
can
she
vote
twice:
to
create
a
deadlock
and
then
to
break
it?
o Regulation
of
profession
distinction
must
be
made
between
the
grant
of
license
or
permit
to
do
license
and
the
issuance
of
a
license
to
engage
in
the
practice
of
a
particular
profession.
The
first
is
granted
by
local
authorities,
the
second
by
the
Board
of
Commission
tasked
to
regulate
the
Held:
No.
It
is
not
here
urged
that
the
petitioner
is
a
member
of
the
board
acting
as
chairman.
Her
particular
profession.
A
business
permit
authorizes
the
person,
natural
or
otherwise,
to
engage
in
claim
is
that
she
is
the
presiding
officer
and
also
a
member
of
the
board.
But
as
we
said,
she
is
not
commercial
activity
while
a
professional
license
is
the
grant
of
authority
to
a
natural
person
to
both
the
presiding
officer
and
a
constituent
member
of
the
board.
She
cannot,
therefore,
vote
twice
engage
in
the
practice
of
his/her
own
profession.
A
city
mayor
cannt
through
the
issuance
of
such
once
to
create
a
tie
as
a
constituent
member,
and,
the
second
time
around,
to
break
such
tie
with
permit,
regulate
the
practice
of
a
profession,
such
function
exclusive
to
the
administrative
agency
another
vote.
o Licensee
not
estopped
to
question
validity
license
is
not
in
the
nature
of
a
contract,
but
a
special
Section
50.
Internal
Rules
of
Procedure.
-
privilege,
of
a
permission
or
authority
to
do
what
is
within
its
terms.
It
is
not
in
any
way
permanent,
vested
or
absolute.
(a)
On
the
first
regular
session
following
the
election
of
its
members
and
within
ninety
(90)
days
thereafter,
the
sanggunian
concerned
shall
adopt
or
update
its
existing
rules
of
procedure.
Territorial
limitations
on
operation
of
ordinances
mun
ord
are
necessarily
local
in
their
application,
operating
only
in
the
territory
of
the
municipality
by
which
they
are
enacted
and
can
have
no
force
beyond
it
without
grant
of
power.
Section 49. Presiding Officer. -
(a) The vice-governor shall be the presiding officer of the sangguniang panlalawigan; the city vice-
mayor, of the sangguniang panlungsod; the municipal vice-mayor, of the sangguniang bayan; and the
punong barangay, of the sangguniang barangay. The presiding officer shall vote only to break a tie.
(b) In the event of the inability of the regular presiding officer to preside at a sanggunian session, the
members present and constituting a quorum shall elect from among themselves a temporary presiding
officer. He shall certify within ten (10) days from the passage of ordinances enacted and resolutions
adopted by the sanggunian in the session over which he temporarily presided.
Effect of vice mayor as presiding officer - where the presiding officer or mayor is a member of the
council or governing body, unless expressly forbidden by law, generally he may not vote on all
questions as a constituent member, but where the charter gives him a casting vote in the event of a tie,
he may vote the second time. If there is no tie, his vote cannot be counted in determining w/n there is
a majority vote.
CASE: PEREZ V. DELA CRUZ
(b) The rules of procedure shall provided for the following:
(1) The organization of the sanggunian and the election of its officers as well as the creation of
standing committees which shall include, but shall not be limited to, the committees on
appropriations, women and family, human rights, youth and sports development, environmental
protection, and cooperatives; the general jurisdiction of each committee; and the election of the
chairman and members of each committee;
(2) The order and calendar of business for each session;
(3) The legislative process;
(4) The parliamentary procedures which include the conduct of members during sessions;
(5) The discipline of members for disorderly behavior and absences without justifiable cause for
four (4) consecutive sessions, for which they may be censured, reprimanded, or excluded from the
session, suspended for not more than sixty (60) days, or expelled: Provided, That the penalty of
suspension or expulsion shall require the concurrence of at least two-thirds (2/3) vote of all the
sanggunian members: Provided, further, That a member convicted by final judgment to
imprisonment of at least one (1) year for any crime involving moral turpitude shall be
automatically expelled from the sanggunian; and
(6) Such other rules as the sanggunian may adopt.
Perez
contends
that
since
under
the
Naga
City
charter
the
mayor
was
the
presiding
officer
of
the
municipal
board,
and
since
under
Republic
Act
2259
creating
the
position
of
vice-mayor
who
was
made
the
presiding
officer,
the
vice-mayor
simply
replaced
the
mayor
as
"presiding
officer"
of
the
municipal
board,
the
vice-mayor
acquired
all
the
rights
and
prerogatives
of
the
presiding
officer
under
the
charter,
one
of
which
is
"membership
in
the
municipal
board."
The
petitioner
now
argues
that
as
vice-mayor
she
merely
stepped
into
the
shoes
of
the
mayor
as
presiding
officer
of
the
board,
and
since
the
mayor
was
considered
a
member
thereof,
she
too
became
a
member
entitled
to
the
Internal
rules
of
procedure
-
in
absence
of
legal
provisions
or
restrictions,
Sanggunians
may
from
time
to
time,
adopt,
change,
abolish,
suspend,
modify
or
waive
its
own
rules
or
parliamentary
usage
as
to
procedure
;
may
also
be
done
by
implication
Public Corporations Law
st
Amb. Tolentino 1 Sem 2015-2016
AKD Notes - FINALS
Page 4
o Construction:
absent
proof
of
contrary,
any
action
taken
by
local
legislative
body
is
presumed
to
(1)
Ownership
of
stock
or
capital,
or
investment,
in
the
entity
or
firm
to
which
the
ordinance
or
be
in
conformity
with
its
own
rules
and
parliamentary
usage
as
to
procedure.
LIBERAL
resolution
may
apply;
and
construction
is
applied
unless
law
renders
failure
to
observe
mandatory
requirements.
(2)
Contracts
or
agreements
with
any
person
or
entity
which
the
ordinance
or
resolution
under
consideration
may
affect.
o Mode
of
legislative
action:
must
be
by
Ordinance,
Bylaw,
or
Resolution
or
its
equivalent.
-
if
charter
provides
that
action
shall
be
by
Ordinance
or
Resolution,
it
must
act
in
manner
In
the
absence
of
a
specific
constitutional
or
statutory
provision
applicable
to
this
situation,
prescribed
"conflict
of
interest"
refers
in
general
to
one
where
it
may
be
reasonably
deduced
that
a
member
of
-
if
no
action
prescribed,
any
form
a
sanggunian
may
not
act
in
the
public
interest
due
to
some
private,
pecuniary,
or
other
personal
considerations
that
may
tend
to
affect
his
judgment
to
the
prejudice
of
the
service
or
the
public.
o Number
of
readings:
(b)
The
disclosure
required
under
this
Act
shall
be
made
in
writing
and
submitted
to
the
secretary
of
-
Ordinances
three
reading
requirement,
read
on
different
days
prior
to
final
passage
the
sanggunian
or
the
secretary
of
the
committee
of
which
he
is
a
member.
The
disclosure
shall,
in
all
-
Resolution
no
need
for
third
reading
unless
decided
otherwise
by
a
majority
of
all
sanggunian
cases,
form
part
of
the
record
of
the
proceedings
and
shall
be
made
in
the
following
manner:
members.
(1)
Disclosure
shall
be
made
before
the
member
participates
in
the
deliberations
on
the
ordinance
o Difference
between
ORDINANCE
AND
RESOLUTION:
or
resolution
under
consideration:
Provided,
That,
if
the
member
did
not
participate
during
the
ORDINANCE
deliberations,
the
disclosure
shall
be
made
before
voting
on
the
ordinance
or
resolution
on
second
-
Intended
to
permanently
direct
and
control
matters
applying
to
persons
or
thins
in
general
and
third
readings;
and
-
Providing
a
permanent
rule
of
conduct
-
Need
to
go
through
the
3
reading
rule
(2)
Disclosure
shall
be
made
when
a
member
takes
a
position
or
makes
a
privilege
speech
on
a
-
All
enacted
ordinance
are
to
be
submitted
to
the
LCE
concerned
for
approval
matter
that
may
affect
the
business
interest,
financial
connection,
or
professional
relationship
RESOLUTION
described
herein.
-
Merely
expressive
of
an
opinion
of
a
legislature
which
have
only
a
temporary
effect
-
A
statement
or
verdict,
not
a
laws
but
is
a
mere
expression
of
a
opinion,
or
merely
the
form
in
which
the
legislative
body
expresses
an
opinion
and
used
whenever
the
legislative
body
passing
it
Effects
on
act
of
Sanggunian
of
failure
to
disclose
public
policy
forbids
the
sustaining
of
municipal
action
founded
upon
a
vote
of
a
council
member
or
a
member
of
mun.
governing
body
in
wishes
merely
to
express
an
opinion
concerning
some
given
matter
or
thing
any
matter
before
it
which
directly
or
immediately
affects
him
or
her
individually
-
Need
not
go
through
the
3-reading
rule,
UNLESS
the
sanggunian
so
agree
-
General
Rule:
All
enacted
resolutions
need
not
be
submitted
to
the
LCE
concerned
for
approval
Criminal
penalties
-
constitutes
a
violation
of
RA
6713,
punishable
by
imprisonment
not
exceeding
-
Exception:
resolutions
approving
local
development
plan
and
public
investment
5
years
or
a
fine
not
exceeding
P5,000
or
both,
and
upon
discretion,
disqualification
to
hold
public
office.
Such
violation
is
sufficient
cause
for
removal
or
dismissal
if
administrative
proceedings
are
o Ratification
of
acts
must
be
made
with
the
same
formalities
required
for
the
original
exercise
filed.
of
power.
There
can
be
no
legal
confirmation
or
ratification
of
ultra
vires
acts
nor
of
acts
under
a
void
law
Section
52.
Sessions.
-
o Rescission
of
acts
sanggunians
possess
power
to
rescind
prior
acts
and
votes
at
any
(a)
On
the
first
day
of
the
session
immediately
following
the
election
of
its
members,
the
sanggunian
subsequent
time
until
the
act
or
vote
is
complete,
provided
vested
rights
are
not
violated
and
such
shall,
by
resolution,
fix
the
day,
time,
and
place
of
its
regular
sessions.
The
minimum
numbers
of
rescission
is
in
conformity
with
the
law
applicable
regular
sessions
shall
be
once
a
week
for
the
sangguniang
panlalawigan,
sangguniang
panlungsod,
and
sangguniang
bayan,
and
twice
a
month
for
the
sangguniang
barangay.
Committees
-
to
assist
the
council
in
the
performance
of
its
duties
(b)
When
public
interest
so
demands,
special
sessions
may
be
called
by
the
local
chief
executive
or
o Mandatory
committees:
by
a
majority
of
the
members
of
the
sanggunian.
1.
Appropriations
2.
Women
and
family
(c)
All
sanggunian
sessions
shall
be
open
to
the
public
unless
a
closed-door
session
is
ordered
by
an
3.
Youth
and
Sports
Development
affirmative
vote
of
a
majority
of
the
members
present,
there
being
a
quorum,
in
the
public
interest
or
4.
Human
Rights
for
reasons
of
security,
decency,
or
morality.
No
two
(2)
sessions,
regular
or
special,
may
be
held
in
a
5.
Environmental
Protection
single
day.
6.
Cooperatives
(d)
In
the
case
of
special
sessions
of
the
sanggunian,
a
written
notice
to
the
members
shall
be
served
personally
at
the
member's
usual
place
of
residence
at
least
twenty-four
(24)
hours
before
the
Section
51.
Full
Disclosure
of
Financial
and
Business
Interests
of
Sanggunian
Members.
-
special
session
is
held.
(a)
Every
sanggunian
member
shall,
upon
assumption
to
office,
make
a
full
disclosure
of
his
business
and
financial
interests,
or
professional
relationship
or
any
relation
by
affinity
or
consanguinity
within
the
fourth
civil
degree,
which
he
may
have
with
any
person,
firm,
or
entity
affected
by
any
ordinance
or
resolution
under
consideration
by
the
sanggunian
of
which
he
is
a
member,
which
relationship
may
result
in
conflict
of
interest.
Such
relationship
shall
include:
Unless
otherwise
concurred
in
by
two-thirds
(2/3)
vote
of
the
sanggunian
members
present,
there
being
a
quorum,
no
other
matters
may
be
considered
at
a
special
session
except
those
stated
in
the
notice.
Public Corporations Law
st
Amb. Tolentino 1 Sem 2015-2016
(e)
Each
sanggunian
shall
keep
a
journal
and
record
of
its
proceedings
which
may
be
published
upon
resolution
of
the
sanggunian
concerned.
Section
53.
Quorum.
-
(a)
A
majority
of
all
the
members
of
the
sanggunian
who
have
been
elected
and
qualified
shall
constitute
a
quorum
to
transact
official
business.
Should
a
question
of
quorum
be
raised
during
a
session,
the
presiding
officer
shall
immediately
proceed
to
call
the
roll
of
the
members
and
thereafter
announce
the
results.
AKD Notes - FINALS
Page 5
or
ordinance
or
do
any
valid
act.
When
required
to
constitute
a
quorum,
majority
means
the
number
greater
than
half
or
more
than
half
of
the
total.
As
further
stated,
it
requires
the
majority
of
ALL
members
of
the
Sanggunian.
Quorum
should,
thus,
be
based
on
the
total
number
of
members
regardless
of
whether
or
not
a
member
is
said
to
be
abroad.
Therefore,
in
cases
where
decisions
have
been
made
during
sessions
deemed
to
have
not
met
the
required
quorum,
such
sessions
and
decisions
shall
be
considered
void.
(b)
Where
there
is
no
quorum,
the
presiding
officer
may
declare
a
recess
until
such
time
as
a
quorum
is
constituted,
or
a
majority
of
the
members
present
may
adjourn
from
day
to
day
and
may
compel
Quorum
for
resolutions
IRR
require
the
concurrence
of
the
approval
by
the
majority
of
the
the
immediate
attendance
of
any
member
absent
without
justifiable
cause
by
designating
a
member
members
present
and
the
existence
of
a
quorum
to
validly
enact
a
resolution.
of
the
sanggunian
to
be
assisted
by
a
member
or
members
of
the
police
force
assigned
in
the
territorial
jurisdiction
of
the
local
government
unit
concerned,
to
arrest
the
absent
member
and
Change
of
quorum
by
sanggunian
-
where
a
statute
or
charter
prescribes
the
number
that
shall
present
him
at
the
session.
constitute
a
quorum,
it
cannot
be
changed
by
the
body.
(c)
If
there
is
still
no
quorum
despite
the
enforcement
of
the
immediately
preceding
subsection,
no
Power
of
court
to
determine
compliance
courts
are
called
upon
to
determine
whether
the
business
shall
be
transacted.
The
presiding
officer,
upon
proper
motion
duly
approved
by
the
sanggunian
complied
with
LGC
and
IRR.
members
present,
shall
then
declare
the
session
adjourned
for
lack
of
quorum.
Purpose
of
arrest
to
compel
absent
member
to
attendance
at
the
session,
not
for
criminal
prosecution.
Quorum
[defined]
that
numbers
of
a
body
which,
when
legally
assembled
in
their
proper
places,
will
enable
the
body
to
transact
its
proper
business
or
that
number
which
makes
a
lawful
body
and
gives
it
power
to
pass
upon
a
law
or
ordinance
or
do
any
valid
act.
2nd
Assignment
-
BOOK:
PAGES
140
-
149
Case:
ZAMORA
V.
CABALLERO
[419
SCRA
384
(2004)
Section
54.
Approval
of
Ordinances.
-
Facts:
Manuel
Zamora,
a
member
of
the
Sangguniang
Panlalawigan
of
Compostela
Valley,
filed
before
the
RTC
a
petition
to
invalidate
all
acts
executed
and
resolutions
issued
by
the
Sanggunian
during
its
(a)
Every
ordinance
enacted
by
the
sangguniang
panlalawigan,
sangguniang
panlungsod,
or
sessions
held
on
February
8
and
26,
2001
for
lack
of
quorum.
Said
sessions
noted
the
resignation
letter
sangguniang
bayan
shall
be
presented
to
the
provincial
governor
or
city
or
municipal
mayor,
as
the
of
Board
Member
Sotto,
declared
the
entire
province
under
a
state
of
calamity
and
approved
the
case
may
be.
If
the
local
chief
executive
concerned
approves
the
same,
he
shall
affix
his
signature
on
Governor
to
enter
into
the
contract
with
the
Allado
Company.
Zamora,
the
petitioner,
argued
that
the
each
and
every
page
thereof;
otherwise,
he
shall
veto
it
and
return
the
same
with
his
objections
to
Sanggunian,
during
its
February
26
session,
conducted
official
business
without
a
quorum
since
only
7
the
sanggunian,
which
may
proceed
to
reconsider
the
same.
The
sanggunian
concerned
may
out
of
the
14
members
were
present.
He
further
questioned
the
February
8
sessions
validity
arguing
override
the
veto
of
the
local
chief
executive
by
two-thirds
(2/3)
vote
of
all
its
members,
thereby
that
only
7
members
were
present
and
the
failure
to
provide
written
notice
to
all
members
at
least
24
making
the
ordinance
or
resolution
effective
for
all
legal
intents
and
purposes.
hours
before
the
holding
of
the
special
session.
Respondents
argued
that
Board
Member
Sotto
was
in
the
United
States
during
such
sessions
and
that
the
actual
number
of
Board
Members
in
the
country
(b)
The
veto
shall
be
communicated
by
the
local
chief
executive
concerned
to
the
sanggunian
within
was
only
13
which,
they
claimed,
should
be
the
basis
for
the
determination
of
a
quorum.
Such
petition
fifteen
(15)
days
in
the
case
of
a
province,
and
ten
(10)
days
in
the
case
of
a
city
or
a
municipality;
raised
by
Zamora
was
dismissed
by
the
RTC
but
reversed
and
granted
by
the
Supreme
Court.
otherwise,
the
ordinance
shall
be
deemed
approved
as
if
he
had
signed
it.
1)
Whether
or
not
Section
53
(a)
of
the
LGC
provides
and
specifies
applicable
rule
regarding
the
determination
of
a
quorum.
(c)
Ordinances
enacted
by
the
sangguniang
barangay
shall,
upon
approval
by
the
majority
of
all
its
members,
be
signed
by
the
punong
barangay.
PROCEDURAL
ASPECT
Ordinances
are
enacted
similarly
as
national
laws
2)
Whether
or
not
Sanggunian
Members
who
are
abroad
should
not
be
included
in
the
counting
of
the
The
local
legislative
process
is
broken
down
to
five
(5)
states/
parts:
entire
Sangguniang
body.
1.
Filing
of
Bills
/
sponsorship
the
parts
of
a
bill
are:
Title
/
Preamble/
Whereas/
Principles,
Clause,
Text
/
Substance,
and
Date
of
Effectivity
2.
First
Reading
Reading
of
title
and
number
of
bill
then
referral
to
the
appropriate
3)
Whether
or
not
the
approved
decisions
during
the
sessions,
alleged
to
be
without
quorum,
is
committee
deemed
to
be
valid.
3.
Committee
Hearings
Deliberation,
approval
with
or
without
amendments,
substitution
or
consolidation,
and
preparation
of
committee
report
Held:
Section
53
(a)
of
the
LGC
states
that
:
A
majority
of
all
members
of
the
Sanggunian
who
have
4.
Second
Reading
Period
of
debate
(reading,
sponsorship,
interpellation),
period
of
been
elected
and
qualified
shall
constitute
a
quorum
to
transact
official
business.
Quorum
is
defined
amendments
(committee
and
individual
amendments),
and
approval
as
the
number
of
members
of
a
body
which,
when
legally
assembled,
will
enable
the
body
to
transact
5.
Third
Reading
Distribution
in
printed
form,
and
approval/
roll
call/vote;
and
6.
The
its
proper
business
or
that
number
which
makes
a
lawful
body
and
gives
it
power
to
pass
upon
a
law
legislative
process
and
order
and
calendar
of
business
must
be
set
on
the
first
session
day
of
Public Corporations Law
st
Amb. Tolentino 1 Sem 2015-2016
the
new
council
and
embodied
in
the
IRP.
However,
other
matters
may
be
taken
upon
the
first
session
day
aside
from
adopting
the
IRP
of
the
sangguniang
(Malonzo
vs.
Zamora,
GR
No.
137718,
27
July
1999)
AKD Notes - FINALS
Page 6
Petitioner,
a
Municipal
Mayor,
with
two
other
public
officials,
was
charged
with
falsification
of
a
public
document
regarding
the
appropriation
of
P8,500.00
for
the
terminal
leave
of
two
municipal
employees.
The
complaint
alleged
that
the
same
was
not
taken
and
discussed
nor
passed
upon
by
the
Sangguniang
Bayan
(SB)
during
the
legislative
session.
Prior
to
his
arraignment,
he
filed
a
Motion
for
Reinvestigation
claiming,
among
others,
that
the
Ombudsman
previously
dismissed
a
similar
complaint
against
him.
A
joint
affidavit
of
some
members
of
the
SB
attesting
to
the
actual
passage
and
approval
of
the
said
resolution
was
attached
to
the
motion.
The
Sandiganbayan
denied
the
motion
and
petitioner's
subsequent
motion
for
reconsideration
wherein
petitioner
claimed
that
the
final
step
in
the
approval
of
an
ordinance
or
resolution
where
the
local
chief
executive
affixes
his
signature
is
purely
a
ministerial
act,
was
likewise
denied.
Petitioner
would
like
to
impress
upon
this
Court
that
the
final
step
in
the
approval
of
an
ordinance
or
resolution,
where
the
local
chief
executive
affixes
his
signature,
is
purely
a
ministerial
act.
This
view
is
erroneous.
Article
109(b)
of
the
Local
Government
Code
outlines
the
veto
power
of
the
Local
Chief
Executive.
Contrary
to
petitioner's
belief,
the
grant
of
the
veto
power
confers
authority
beyond
the
simple
mechanical
act
of
signing
an
ordinance
or
resolution,
as
a
requisite
to
its
enforceability.
Such
power
accords
the
local
chief
executive
the
discretion
to
sustain
a
resolution
or
ordinance
in
the
first
instance
or
to
veto
it
and
return
it
with
his
objections
to
the
Sanggunian,
which
may
proceed
to
reconsider
the
same.
The
Sanggunian
concerned,
however,
may
override
the
veto
by
a
two-thirds
(2/3)
vote
of
all
its
members
thereby
making
the
ordinance
or
resolution
effective
for
all
legal
intents
and
purposes.
It
is
clear,
therefore,
that
the
concurrence
of
a
local
chief
executive
in
the
enactment
of
an
ordinance
or
resolution
requires,
not
only
a
flourish
of
the
pen,
but
the
application
of
judgment
after
meticulous
analysis
and
intelligence
as
well.
APPROVAL
OF
ORDINANCES
every
ordinance
enacted
by
the
sangguniang
(except
barangay)
shall
be
presented
to
the
LCE
concerned
for
approval
-
3
ways
by
which
an
enacted
ordinance
can
be
considered
an
approved
ordinance:
1.
When
the
Mayor
or
Governor
affixed
his
signature
thereto
as
approved;
2.
When
the
mayor
failed
to
act
within
the
reglementary
period
for
him
to
approve
the
same
and
the
period
for
him
to
approve
the
same
and
the
period
already
lapsed;
3.
When
the
Mayor
originally
voted
the
ordinance
and
the
sangguniang
already
override
the
veto
by
2/3
vote
of
all
its
members,
the
ordinance
is
considered
approved
as
if
he
signed
by
him.
Ordinances
enacted
by
the
sangguniang
barangay
shall,
upon
approval
by
the
majority
of
all
its
member,
be
signed
by
the
punong
barangay.
the
requirement
on
the
part
of
the
Punong
Barangay
to
affix
his
signature
is
only
a
ministerial
one,
meaning
the
Punong
barangay
cannot
refuse
in
affixing
his
signature
once
the
majority
of
the
members
of
the
sangguniang
barangay
has
already
approved
the
barangay
budget.
In
the
event
that
said
Punong
Barangay
refuses
to
affix
his
signature,
we
are
of
the
view
that
the
barangay
budget
as
approved
by
the
Sangguniang
Barangay
may
already
be
forward
to
the
Sanguniang
Panlungsod
in
accordance
with
Section
333
(a)
of
the
Local
Government
Code
of
1991
Ultra
vires
[defined]
means
an
act
performed
without
any
authority
to
act
on
the
subject.
Section
55.
Veto
Power
of
the
Local
Chief
Executive.
-
CASE:
GARCIA
V.
COMELEC
(a)
The
local
chief
executive
may
veto
any
ordinance
of
the
sanggunian
panlalawigan,
sangguniang
DOCTRINE:
Ordinance
distinguished
from
resolution:
the
well
known
distinction
between
a
resolution
panlungsod,
or
sanggunian
bayan
on
the
ground
that
it
is
ultra
vires
or
prejudicial
to
the
public
and
an
ordinance
i.e.,
that
a
resolution
is
used
whenever
the
legislature
wishes
to
express
an
opinion
welfare,
stating
his
reasons
therefor
in
writing.
which
is
to
have
only
a
temporary
effect
while
an
ordinance
is
intended
to
permanently
direct
and
(b)
The
local
chief
executive,
except
the
punong
barangay,
shall
have
the
power
to
veto
any
control
matters
applying
to
persons
or
things
in
general.
particular
item
or
items
of
an
appropriations
ordinance,
an
ordinance
or
resolution
adopting
a
local
development
plan
and
public
investment
program,
or
an
ordinance
directing
the
payment
of
money
On
May
24,
1993,
petitioners
filed
a
petition
with
the
Sangguniang
Bayan
of
Morong
to
annul
or
creating
liability.
In
such
a
case,
the
veto
shall
not
affect
the
item
or
items
which
are
not
objected
Pambansang
Kapasyahan
Blg.
10,
Serye
1993
which
includes
the
MunicipalIty
of
Morong
as
part
of
the
to.
The
vetoed
item
or
items
shall
not
take
effect
unless
the
sanggunian
overrides
the
veto
in
the
Subic
Special
Economic
Zone
in
accord
with
the
RA
No.
7227.
The
municipality
did
not
take
any
action
manner
herein
provided;
otherwise,
the
item
or
items
in
the
appropriations
ordinance
of
the
on
the
petition
within
30
days
after
its
submission;
so,
they
resorted
to
their
power
of
initiative
under
previous
year
corresponding
to
those
vetoed,
if
any,
shall
be
deemed
reenacted.
the
Local
Government
Code
of
1991.
They
solicited
the
required
number
of
signatures
to
repeal
the
(c)
The
local
chief
executive
may
veto
an
ordinance
or
resolution
only
once.
The
sanggunian
may
said
resolution.
However,
the
Vice
Mayor,
Hon.
Edilberto
de
Leon,
and
the
Presiding
Office
of
the
override
the
veto
of
the
local
chief
executive
concerned
by
two-thirds
(2/3)
vote
of
all
its
members,
Sangguniang
Bayan
ng
Morong
wrote
a
letter
dated
June
11,
1993
to
deny
the
petition
for
local
thereby
making
the
ordinance
effective
even
without
the
approval
of
the
local
chief
executive
initiative
and/or
referendum.
Comelec
denied
the
petition
for
local
initiative
because
its
subject
is
concerned.
merely
a
resolution
and
not
an
ordinance.
Veto
power
of
the
mayor
as
ordinance,
against
ordinary
ordinance-the
mayor
CANNOT
veto
any
HELD:
In
the
case
at
bench,
it
cannot
be
argued
that
the
subject
matter
of
the
resolution
of
the
municipality
of
Morong
merely
temporarily
affects
the
people
of
Morong
for
it
directs
a
permanent
rule
item
but
should
veto
the
ordinance
in
its
entirety
o Item
Veto
is
allowed
only
on
3
occasions:
of
conduct
or
government.
The
inclusion
of
Morong
as
part
of
the
Subic
Special
Economic
Zone
has
far
1.
Appropriations
ordinance
reaching
implications
in
the
governance
of
its
people.
Considering
the
lasting
changes
that
will
be
2.
Resolution
approving
public
investment
program
wrought
in
the
social,
political,
and
economic
existence
of
the
people
of
Morong
by
the
inclusion
of
3.
Resolution
approving
local
development
plan
their
municipality
in
the
Subic
Special
Economic
Zone,
it
is
but
logical
to
hear
their
voice
on
the
matter
via
an
initiative.
It
is
not
material
that
the
decision
of
the
municipality
of
Morong
for
the
inclusion
came
REASON
FOR
VETO
o Ordinance
is
ultra
vires
in
the
form
of
a
resolution
for
what
matters
is
its
enduring
effect
on
the
welfare
of
the
people
of
o Ordinance
is
prejudicial
to
the
public
welfare
Morong.
Effect
of
Veto
Whenever
an
ordinance
is
vetoed,
it
does
not
become
effective,
and
2/3
vote
of
all
Sangguniang
members
is
required
for
the
overriding
of
the
veto
by
the
local
chief
executive.
CASE
:DELOS
REYES
V.
SANDIGANBAYAN
[280
SCRA
631
(1997)]
Doctrine:
Approval
of
ordinances
is
not
a
mere
ministerial
act.
Public Corporations Law
st
Amb. Tolentino 1 Sem 2015-2016
Section
56.
Review
of
Component
City
and
Municipal
Ordinances
or
Resolutions
by
the
Sangguniang
Panlalawigan.
AKD Notes - FINALS
Page 7
any
municipal
resolution,
ordinance,
or
order
invalid
is
when
such
resolution,
ordinance,
or
order
is
'beyond
the
powers
conferred
upon
the
council
or
president
making
the
same.'
Absolutely
no
other
ground
is
recognized
by
the
law.
The
provincial
(board's)
disapproval
of
any
resolution,
ordinance,
or
order
must
be
premised
specifically
upon
the
fact
that
such
resolution,
ordinance,
or
order
is
outside
(a)
Within
three
(3)
days
after
approval,
the
secretary
to
the
sanggunian
panlungsod
or
sangguniang
the
scope
of
the
legal
powers
conferred
by
law.
If
a
provincial
board
passes
these
limits,
it
usurps
the
bayan
shall
forward
to
the
sangguniang
panlalawigan
for
review,
copies
of
approved
ordinances
and
legislative
functions
of
the
municipal
council
or
president.
Such
has
been
the
consistent
course
of
the
resolutions
approving
the
local
development
plans
and
public
investment
programs
formulated
executive
authority."
Thus,
the
Sangguniang
Panlalawigan
was
without
the
authority
to
disapprove
by
the
local
development
councils.
Municipal
Resolution
No.
43-89
for
the
Municipality
of
Bunawan
clearly
has
the
power
to
exercise
the
right
of
eminent
domain
and
its
Sangguniang
Bayan
the
capacity
to
promulgate
said
resolution.
(b)
Within
thirty
(30)
days
after
the
receipt
of
copies
of
such
ordinances
and
resolutions,
the
sangguniang
panlalawigan
shall
examine
the
documents
or
transmit
them
to
the
provincial
attorney,
Perforce,
it
follows
that
Resolution
No.
43-89
is
valid
and
binding
and
could
be
used
as
lawful
authority
or
if
there
be
none,
to
the
provincial
prosecutor
for
prompt
examination.
The
provincial
attorney
or
to
petition
for
the
condemnation
of
petitioners'
property.
provincial
prosecutor
shall,
within
a
period
of
ten
(10)
days
from
receipt
of
the
documents,
inform
CASE:
MUN.
COUNCIL
OF
LEMERY
V.
PROV.
BOARD
OF
BATANGAS
[56
PHIL
260]
the
sangguniang
panlalawigan
in
writing
of
his
comments
or
recommendations,
which
may
be
DOCTRINE:
The
power
exercised
by
the
provincial
board
in
approving
or
disapproving
a
municipal
considered
by
the
sangguniang
panlalawigan
in
making
its
decision.
resolution
or
ordinance
is
in
the
nature
of
a
quasi-judicial
function.
(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
Facts:
Action
against
the
provincial
board
of
Batangas,
Vicente
Noble
and
Modesto
Castillo,
was
ordinance
or
resolution
invalid
in
whole
or
in
part.
The
sangguniang
panlalawigan
shall
enter
its
instituted
by
means
of
a
petition
filed
by
the
municipal
council
of
Lemery,
Batangas
assailing
action
in
the
minutes
and
shall
advise
the
corresponding
city
or
municipal
authorities
of
the
action
it
Resolution
No.
18
of
the
Municipal
Council
of
Lemery,
abolishing
the
position
of
janitor
in
the
has
taken.
office
of
the
justice
of
the
peace
of
that
municipality,
for
reasons
of
economy,
and
designating
the
messenger
in
the
offices
of
the
municipal
president
and
the
municipal
secretary
to
assume
the
duties
(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
thereof.
therefore
valid.
HELD:
(1)
That
the
power
exercised
by
the
provincial
board
in
approving
or
disapproving
a
municipal
resolution
or
ordinance
is
in
the
nature
of
a
quasi-judicial
function;
Inapplicable
to
independent
component
cities
only
applicable
to
component
cities
and
(2)
that
in
disapproving
resolution
No.
18,
series
of
1931,
of
the
municipal
council
of
Lemery,
which
municipalities
consolidated
the
position
of
janitor
for
the
office
of
the
municipal
president,
of
the
municipal
secretary,
and
of
the
justice
of
the
peace
court,
this
action
being
within
the
legislative
powers
of
said
municipal
CASE
:MODAY
V.
CA
268
SCRA
586
council,
the
provincial
board
of
Batangas
exceeded
its
quasi-judicial
powers.
DOCTRINE:
Only
1
ground
for
declaring
and
ordinance
or
resolution
invalid
when
it
is
beyond
the
powers
conferred
upon
the
sangguiang
panlungosd
or
Sangguniang
bayan
to
enact.
Absolutely
no
other
ground
is
recognized
by
law
(
Section
57.
Review
of
Barangay
Ordinances
by
the
Sangguniang
Panlungsod
or
Sangguniang
Bayan.
-
Facts:
Sangguniang
Bayan
of
Bumawan
in
Agusan
del
Sur
passed
Resolution
No.
43-89
authorizing
the
(a)
Within
ten
(10)
days
after
its
enactment,
the
sangguniang
barangay
shall
furnish
copies
of
all
Municipal
Mayor
to
initiate
the
expropriation
of
a
one
(1)
hectare
portion
owned
by
Percival
Moday
for
barangay
ordinances
to
the
sangguniang
panlungsod
or
sangguniang
bayan
concerned
for
review
as
the
site
of
the
Bunawan
Farmers
Center
and
other
Government
Sports
Facilities.
Said
Resolution
was
to
whether
the
ordinance
is
consistent
with
law
and
city
or
municipal
ordinances.
approved
by
then
Municipal
Mayor
Anuncio
Bustillo
and
transmitted
to
the
Sangguniang
Panlalawigan.
The
Sangguniang
Panlalawigan
however
disapproved
the
resolution
on
the
ground
that
the
(b)
If
the
sangguniang
panlungsod
or
sangguniang
bayan,
as
the
case
may
be,
fails
to
take
action
on
expropriation
was
unnecessary
considering
that
there
are
still
available
lots
in
Bunawan
for
the
barangay
ordinances
within
thirty
(30)
days
from
receipt
thereof,
the
same
shall
be
deemed
establishment
of
government
center.
Undaunted,
the
Municipality
of
Bunawan
nevertheless
filed
a
approved.
petition
for
Eminent
Domain
against
Moday.
After
depositing
the
necessary
amount
with
the
municipal
treasurer,
the
Municipality
filed
a
Motion
to
Take
or
Enter
Upon
the
Possession
of
the
Subject
Matter.
(c)
If
the
sangguniang
panlungsod
or
sangguniang
bayan,
as
the
case
may
be,
finds
the
barangay
Despite
Modays
opposition
and
after
the
hearing
of
the
merits,
the
RTC
ruled
in
favor
of
the
ordinances
inconsistent
with
law
or
city
or
municipal
ordinances,
the
sanggunian
concerned
shall,
Municipality,
saying
that
among
others,
that
since
the
Sangguniang
Panlalawigan
failed
to
declare
the
within
thirty
(30)
days
from
receipt
thereof,
return
the
same
with
its
comments
and
Municipalitys
resolution
as
invalid,
the
same
should
be
deemed
effective.
An
appeal
to
the
CA
also
recommendations
to
the
sangguniang
barangay
concerned
for
adjustment,
amendment,
or
proved
fruitless.
In
the
meantime,
the
Municipality
created
3
buildings
on
the
subject
property.
Upon
modification;
in
which
case,
the
effectivity
of
the
barangay
ordinance
is
suspended
until
such
time
as
petition
by
Moday,
the
SC
issued
a
TRO
to
prevent
the
Municipality
from
using
the
buildings
it
already
the
revision
called
for
is
effected.
constructed
as
well
as
constructing
future
buildings.
Moday,
in
his
petition
to
the
SC,
also
adds
that
since
the
Sangguniang
Panlalawigan
disapproved
the
resolution,
the
same
is
void
and
thus
the
Effect
of
inconsistency
of
barangay
ordinances
-
do
not
ipso
facto
invalidate
or
suspend
the
Municipality
could
not
insist
in
pushing
through
with
the
expropriation.
formers
operation
Judicial
review
of
Sangguniang
Panglungsod
or
Bayans
actions
-
That
the
power
exercised
by
HELD:
The
law,
as
expressed
in
Section
153
of
B.P.
BLG.
337,
grants
the
Sangguniang
Panlalawigan
the
the
provincial
board
in
approving
or
disapproving
a
municipal
resolution
or
ordinance
is
in
the
power
to
declare
a
municipal
resolution
invalid
on
the
sole
ground
that
it
is
beyond
the
power
of
the
nature
of
a
quasi-judicial
function;
Sangguniang
Bayan
or
the
Mayor
to
issue.
"The
only
ground
upon
which
a
provincial
board
may
declare
Public Corporations Law
st
Amb. Tolentino 1 Sem 2015-2016
Section
58.
Enforcement
of
Disapproved
Ordinances
or
Resolutions.
-
Any
attempt
to
enforce
any
ordinance
or
any
resolution
approving
the
local
development
plan
and
public
investment
program,
after
the
disapproval
thereof,
shall
be
sufficient
ground
for
the
suspension
or
dismissal
of
the
official
or
employee
concerned.
Ground
for
administrative
case
provides
for
another
ground
for
dismissal
or
suspension
of
public
officer/employees
in
LGU
Section
59.
Effectivity
of
Ordinances
or
Resolutions.
-
(a)
Unless
otherwise
stated
in
the
ordinance
or
the
resolution
approving
the
local
development
plan
and
public
investment
program,
the
same
shall
take
effect
after
ten
(10)
days
from
the
date
a
copy
thereof
is
posted
in
a
bulletin
board
at
the
entrance
of
the
provincial
capitol
or
city,
municipal,
or
barangay
hall,
as
the
case
may
be,
and
in
at
least
two
(2)
other
conspicuous
places
in
the
local
government
unit
concerned.
(b)
The
secretary
to
the
sanggunian
concerned
shall
cause
the
posting
of
an
ordinance
or
resolution
in
the
bulletin
board
at
the
entrance
of
the
provincial
capitol
and
the
city,
municipal,
or
barangay
hall
in
at
least
two
(2)
conspicuous
places
in
the
local
government
unit
concerned
not
later
than
five
(5)
days
after
approval
thereof.
The
text
of
the
ordinance
or
resolution
shall
be
disseminated
and
posted
in
Filipino
or
English
and
in
the
language
understood
by
the
majority
of
the
people
in
the
local
government
unit
concerned,
and
the
secretary
to
the
sanggunian
shall
record
such
fact
in
a
book
kept
for
the
purpose,
stating
the
dates
of
approval
and
posting.
(c)
The
gist
of
all
ordinances
with
penal
sanctions
shall
be
published
in
a
newspaper
of
general
circulation
within
the
province
where
the
local
legislative
body
concerned
belongs.
In
the
absence
of
any
newspaper
of
general
circulation
within
the
province,
posting
of
such
ordinances
shall
be
made
in
all
municipalities
and
cities
of
the
province
where
the
sanggunian
of
origin
is
situated.
(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
addition
to
being
posted,
be
published
once
in
a
local
newspaper
of
general
circulation
within
the
city:
Provided,
That
in
the
absence
thereof
the
ordinance
or
resolution
shall
be
published
in
any
newspaper
of
general
circulation
Provision
on
publication
and
notice
are
MANDATORY
failure
to
publish
or
give
notice
or
to
do
so
substantially
in
the
manner
prescribed
renders
them
void
o
Substantial
Compliance
time,
place
and
manner
of
publication
or
notices
of
ordinances
must
be
in
substantial
compliance
with
the
governing
provisions.
3RD
ASSIGNMENT
BOOK:
Pages
149-154
CHAPTER
IV:
DISCIPLINARY
ACTION
Section
60.
Grounds
for
Disciplinary
Actions.
-
An
elective
local
official
may
be
disciplined,
suspended,
or
removed
from
office
on
any
of
the
following
grounds:
(a)
Disloyalty
to
the
Republic
of
the
Philippines;
(b)
Culpable
violation
of
the
Constitution;
(c)
Dishonesty,
oppression,
misconduct
in
office,
gross
negligence,
or
dereliction
of
duty;
(d)
Commission
of
any
offense
involving
moral
turpitude
or
an
offense
punishable
by
at
least
prision
mayor;
(e)
Abuse
of
authority;
AKD Notes - FINALS
Page 8
(f)
Unauthorized
absence
for
fifteen
(15)
consecutive
working
days,
except
in
the
case
of
members
of
the
sangguniang
panlalawigan,
sangguniang
panlungsod,
sangguniang
bayan,
and
sangguniang
barangay;
(g)
Application
for,
or
acquisition
of,
foreign
citizenship
or
residence
or
the
status
of
an
immigrant
of
another
country;
and
(h)
Such
other
grounds
as
may
be
provided
in
this
Code
and
other
laws.
An
elective
local
official
may
be
removed
from
office
on
the
grounds
enumerated
above
by
order
of
the
proper
court.
Disloyalty
to
the
Rep
of
Phils
/
Culpable
violation
of
the
Constitution
[defined]
o Ejusdem
generis
of
same
class,
kind
or
nature
which,
with
peculiar
proprietary,
would
cause
harm
to
social
structure.
o Disloyalty
to
RP
same
level
or
quality
with
treason,
bribery
o Culpable
violation
of
consti
offenses
tha
proceed
from
abuse
or
violation
of
some
public
trust
or
is
injurious
to
society
Moral
Turpitude
[defined]
-
an
act
of
baseness,
vileness,
or
depravity
in
the
private
duties
which
a
man
owes
his
fellow
men,
or
to
society
in
general,
contrary
to
the
accepted
and
customary
rule
of
right
and
duty
between
man
and
woman
or
conduct
contrary
to
justice,
honesty,
modesty,
or
good
morals.
CASE:
DELA
TORRE
V.
COMELEC
[258
SCRA
483]
[1996]
Petitioner
Rolando
P.
Dela
Torre
via
the
instant
petition
for
certiorari
seeks
the
nullification
of
two
resolutions
issued
by
the
Commission
on
Elections
where
he
was
disqualified
for
reason
of
being
convicted
of
anti-fencing
law.
Moral
turpitude
is
deducible
from
the
third
element.
Actual
knowledge
by
the
"fence"
of
the
fact
that
property
received
is
stolen
displays
the
same
degree
of
malicious
deprivation
of
one's
rightful
property
as
that
which
animated
the
robbery
or
theft,
which,
by
their
very
nature,
are
crimes
of
moral
turpitude.
And
although
the
participation
of
each
felon
in
the
unlawful
taking
differs
in
point
in
time
and
in
degree,
both
the
"fence"
and
the
actual
perpetrator/s
of
the
robbery
or
theft
invaded
one's
peaceful
dominion
for
gain
thus
deliberately
reneging
in
the
process
"private
duties"
they
owe
their
"fellowmen"
or
"society"
in
the
manner
"contrary
to
.
.
.
accepted
and
customary
rule
of
right
and
duty
.
.
.,justice,
honesty
.
.
.
or
good
morals."
The
same
underlying
reason
holds
even
if
the
"fence"
did
not
have
actual
knowledge,
but
merely
"should
have
known"
the
origin
of
the
property
received.
In
this
regard,
the
Court
held:
"When
knowledge
of
the
existence
of
a
particular
fact
is
an
element
of
the
offense,
such
knowledge
is
established
if
a
person
is
aware
of
the
high
probability
of
its
existence
unless
he
actually
believes
that
it
does
not
exist.
On
the
other
hand,
the
words
'should
know'
denote
the
fact
that
a
person
of
reasonable
prudence
and
intelligence
would
ascertain
the
fact
in
the
performance
of
his
duty
to
another
or
would
govern
his
conduct
upon
assumption
that
such
fact
exists."
Effect
of
re-election
of
local
elective
official
re-election
to
office
operates
as
a
condonation
of
the
officer's
previous
misconduct
to
the
extent
of
cutting
off
the
right
to
remove
him
therefor
CASE:
AGUINALDO
V.
SANTOS
[212
SCRA
768]
(1992)
DOCTRINE
:
The
rule
is
that
a
public
official
cannot
be
removed
for
administrative
misconduct
committed
during
a
prior
term,
since
his
re-election
to
office
operates
as
a
condonation
of
the
officer's
previous
misconduct
to
the
extent
of
cutting
off
the
right
to
remove
him
therefor.
The
foregoing
rule,
however,
finds
no
application
to
criminal
cases
pending
against
petitioner
for
acts
he
may
have
committed
during
the
failed
coup.
Public Corporations Law
st
Amb. Tolentino 1 Sem 2015-2016
Facts:
Petitioner
was
the
duly
elected
Governor
of
the
province
of
Cagayan,
having
been
elected
to
said
position
during
the
local
elections
held
on
January
17,
1988,
to
serve
a
term
of
four
(4)
years
therefrom.
He
took
his
oath
sometime
around
March
1988.
Shortly
after
the
December
1989
coup
d'etat
was
crushed,
respondent
Secretary
of
Local
Government
sent
a
telegram
and
a
letter,
both
dated
December
4,
1989,
to
petitioner
requiring
him
to
show
cause
why
he
should
not
be
suspended
or
removed
from
office
for
disloyalty
to
the
Republic,
within
forty-eight
(48)
hours
from
receipt
thereof.
On
December
7,
1989,
a
sworn
complaint
for
disloyalty
to
the
Republic
and
culpable
violation
of
the
Constitution
was
filed
against
petitioner
for
acts
committed
during
the
coup.
While
this
case
was
pending
before
this
Court,
petitioner
filed
his
certificate
of
candidacy
for
the
position
of
Governor
of
Cagayan
for
the
May
11,
1992
elections
and
thereafter
was
proclaimed
Governor.
HELD:
Equally
without
merit
is
petitioner's
claim
that
before
he
could
be
suspended
or
removed
from
office,
proof
beyond
reasonable
doubt
is
required
inasmuch
as
he
is
charged
with
a
penal
offense
of
disloyalty
to
the
Republic
which
is
defined
and
penalized
under
Article
137
of
the
Revised
Penal
Code.
Petitioner
is
not
being
prosecuted
criminally
under
the
provisions
of
the
Revised
Penal
Code,
but
administratively
with
the
end
in
view
of
removing
petitioner
as
the
duly
elected
Governor
of
Cagayan
Province
for
acts
of
disloyalty
to
the
Republic
where
the
quantum
of
proof
required
is
only
substantial
evidence.
The
petition
is
hereby
GRANTED
and
the
decision
of
public
respondent
Secretary
of
Local
Government
dated
March
19,
1990
dismissing
petitioner
as
Governor
of
Cagayan,
is
hereby
REVERSED.
Proper
courts
[defined]
-
CASE:
PABLICO
V.
VILLAPANDO
385
SCRA
601
(2002)
DOCTRINE
:
It
is
beyond
cavil,
therefore,
that
the
power
to
remove
erring
elective
local
officials
from
service
is
lodged,
exclusively
with
the
courts.
The
law
on
suspension
or
removal
of
elective
public
officials
must
be
strictly
construed
and
applied,
and
the
authority
in
whom
such
power
of
suspension
or
removal
is
vested
must
exercise
it
with
utmost
good
faith,
for
what
is
involved
is
not
just
an
ordinary
public
official
but
one
chosen
by
the
people
through
the
exercise
of
their
constitutional
right
of
suffrage.
Their
will
must
not
be
put
to
naught
by
the
caprice
or
partisanship
of
the
disciplining
authority.
Where
the
disciplining
authority
is
given
only
the
power
to
suspend
and
not
the
power
to
remove,
it
should
not
be
permitted
to
manipulate
the
law
by
usurping
the
power
to
remove.
AKD Notes - FINALS
Page 9
paragraph
of
Section
60
of
the
Local
Government
Code
of
1991.
The
Supreme
Court
denied
the
petition
for
review.
Section
61.
Form
and
Filing
of
Administrative
Complaints.
-
A
verified
complaint
against
any
erring
local
elective
official
shall
be
prepared
as
follows:
(a)
A
complaint
against
any
elective
official
of
a
province,
a
highly
urbanized
city,
an
independent
component
city
or
component
city
shall
be
filed
before
the
Office
of
the
President;
(b)
A
complaint
against
any
elective
official
of
a
municipality
shall
be
filed
before
the
sangguniang
panlalawigan
whose
decision
may
be
appealed
to
the
Office
of
the
President;
and
(c)
A
complaint
against
any
elective
barangay
official
shall
be
filed
before
the
sangguniang
panlungsod
or
sangguniang
bayan
concerned
whose
decision
shall
be
final
and
executory.
Quantum
of
proof
-
in
administrative
cases,
it
is
only
substantial
evidence,
not
PBRD.
Verification
requirement
formal,
not
jurisdictional
requisite,
intended
to
secure
an
assurance
that
the
allegations
therein
made
are
done
in
good
faith
or
are
true
and
correct
and
not
mere
speculation.
Section
62.
Notice
of
hearing.
-
(a)
Within
seven
(7)
days
after
the
administrative
complaint
is
filed,
the
Office
of
the
President
or
the
sanggunian
concerned,
as
the
case
may
be,
shall
require
the
respondent
to
submit
his
verified
answer
within
fifteen
(15)
days
from
receipt
thereof,
and
commence
the
investigation
of
the
case
within
ten
(10)
days
after
receipt
of
such
answer
of
the
respondent.
(b)
When
the
respondent
is
an
elective
official
of
a
province
or
highly
urbanized
city,
such
hearing
and
investigation
shall
be
conducted
in
the
place
where
he
renders
or
holds
office.
For
all
other
local
elective
officials,
the
venue
shall
be
the
place
where
the
sanggunian
concerned
is
located.
(c)
However,
no
investigation
shall
be
held
within
ninety
(90)
days
immediately
prior
to
any
local
election,
and
no
preventive
suspension
shall
be
imposed
within
the
said
period.
If
preventive
suspension
has
been
imposed
prior
to
the
90-day
period
immediately
preceding
local
election,
it
shall
be
deemed
automatically
lifted
upon
the
start
of
aforesaid
period.
FACTS:
An
administrative
complaint
was
filed
with
the
Sangguniang
Panlalawigan
of
Palawan
against
respondent,
then
Mayor
of
San
Vicente,
Palawan,
for
abuse
of
authority
and
culpable
violation
of
the
Section
63.
Preventive
Suspension.
-
Constitution
for
entering
into
a
consultancy
agreement,
on
behalf
of
the
municipality,
with
a
defeated
(a)
Preventive
suspension
may
be
imposed:
mayoralty
candidate
in
the
May
1988
elections,
which
consultancy
agreement
allegedly
amounted
to
an
(1)
By
the
President,
if
the
respondent
is
an
elective
official
of
a
province,
a
highly
urbanized
or
an
appointment
to
a
government
position
within
the
prohibited
one-year
period
under
Article
IX-B,
independent
component
city;
Section
6,
of
the
1987
Constitution.
The
Sangguniang
Panlalawigan
of
Palawan
found
respondent
guilty
(2)
By
the
governor,
if
the
respondent
is
an
elective
official
of
a
component
city
or
municipality;
or
of
the
administrative
charge
and
imposed
on
him
the
penalty
of
dismissal
from
the
service,
which
(3)
By
the
mayor,
if
the
respondent
is
an
elective
official
of
the
barangay.
decision
was
affirmed
by
the
Office
of
the
President.
Consequently,
petitioner,
then
Vicemayor
of
San
Vicente,
Palawan,
took
his
oath
of
office
as
Municipal
Mayor.
In
a
petition
forcertiorari
and
prohibition
(b)
Preventive
suspension
may
be
imposed
at
any
time
after
the
issues
are
joined,
when
the
evidence
of
filed
by
respondent,
the
Court
of
Appeals
declared
void
the
assailed
decisions
of
the
Office
of
the
guilt
is
strong,
and
given
the
gravity
of
the
offense,
there
is
great
probability
that
the
continuance
in
President
and
the
Sangguniang
Panlalawigan
of
Palawan,
and
ordered
petitioner
to
vacate
the
Office
of
office
of
the
respondent
could
influence
the
witnesses
or
pose
a
threat
to
the
safety
and
integrity
of
the
Mayor
of
San
Vicente
Palawan.
Hence,
this
petition
for
review.
records
and
other
evidence:
Provided,
That,
any
single
preventive
suspension
of
local
elective
officials
shall
not
extend
beyond
sixty
(60)
days:
Provided,
further,
That
in
the
event
that
several
administrative
cases
are
filed
against
an
elective
official,
he
cannot
be
preventively
suspended
for
more
than
ninety
HELD:
The
last
paragraph
of
Section
60
of
the
Local
Government
Code
of
1991
provides
that
the
(90)
days
within
a
single
year
on
the
same
ground
or
grounds
existing
and
known
at
the
time
of
the
penalty
of
dismissal
from
the
service
upon
an
erring
elective
local
official
may
be
decreed
only
by
a
first
suspension.
court
of
law.
The
Supreme
Court
held
in
one
case
that
the
Office
of
the
President
is
without
any
power
to
remove
elected
officials,
since
such
power
is
exclusively
vested
in
the
proper
courts
as
expressly
(c)
Upon
expiration
of
the
preventive
suspension,
the
suspended
elective
official
shall
be
deemed
provided
for
in
the
aforementioned
Section.
Hence,
Article
124
(b),
Rule
XIX,
of
the
Rules
and
reinstated
in
office
without
prejudice
to
the
continuation
of
the
proceedings
against
him,
which
shall
be
Regulations
Implementing
the
Local
Government
Code,
insofar
as
it
vests
power
on
the
"disciplining
terminated
within
one
hundred
twenty
(120)
days
from
the
time
he
was
formally
notified
of
the
case
authority"
to
remove
from
office
erring
elective
local
officials,
is
void
for
being
repugnant
to
the
last
against
him.
However,
if
the
delay
in
the
proceedings
of
the
case
is
due
to
his
fault,
neglect,
or
request,
Public Corporations Law
st
Amb. Tolentino 1 Sem 2015-2016
other
than
the
appeal
duly
filed,
the
duration
of
such
delay
shall
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.
Purpose
of
Preventive
suspension
[pending
investigation]
is
to
prevent
the
officer
or
employee
from
using
his
position
and
the
power
and
prerogatives
of
his
office
to
intimidate
or
in
any
way
influence
potential
witnesses
or
to
destroy
or
tamper
with
records
which
may
be
vital
in
the
prosecution
of
the
case
against
him.
Simultaneous
service
of
preventive
suspension
local
elective
officials
can
be
given
the
benefit
of
simultaneous
service
of
suspension
orders
insofar
as
they
overlap.
CASE:
GANZON
V.
CA
DOCTRINE:
Petitioner
raises
the
issue
of
whether
he
could
or
should
be
allowed
to
serve
the
third
and
the
fourth
orders
"simultaneously".
It
will
be
recalled
that,
in
the
main
decisions,
noting
that
successive
suspensions
have
been
inflicted
on
Mayor
Ganzon,
we
stated
that
what
"is
intriguing
is
that
respondent
Secretary
has
been
cracking
down,
so
to
speak,
on
the
Mayor
piecemeal
apparently,
to
pin
him
down
ten
times
the
pain,
when
he,
the
respondent
Secretary
could
have
pursued
a
consolidated
effort."
Surely,
allowing
petitioner
to
serve
simultaneously
the
overlapping
third
and
fourth
suspensions
will
favor
him,
(and
presumably
the
local
constituency)
and
certainly
lessen
if
not
offset
the
harsh
effects
of
whatever
motive
may
be
behind
the
intriguing
action
of
the
respondent
Secretary
in
issuing
those
successive
suspension
orders.
FACTS:
Rodolfo
Ganzon
was
the
then
mayor
of
Iloilo
City.
10
complaints
were
filed
against
him
on
various
charges,
among
them,
abuse
of
authority,
oppression,
grave
misconduct,
disgraceful
and
immoral
conduct,
intimidation,
culpable
violation
of
the
Constitution,
and
arbitrary
detention.
The
Secretary
of
Local
Government
issued
several
suspension
orders
against
Ganzon
based
on
the
merits
of
the
complaints
filed
against
him
hence
Ganzo
was
facing
about
600
days
of
suspension.
Ganzon
obtained
a
preliminary
injunction
vs
the
Secretary.
Ganzon
then
appealed
the
issue
to
the
CA
and
the
CA
affirmed
the
suspension
order
by
the
Secretary.
SC
issued
a
TRO
v
the
Secretary
and
the
CA.
AKD Notes - FINALS
Page 10
The
preventive
suspension
shall
continue
until
the
case
is
terminated
by
the
Office
of
the
Ombudsman
but
not
more
than
six
months,
without
pay,
except
when
the
delay
in
the
disposition
of
the
case
by
the
Office
of
the
Ombudsman
is
due
to
the
fault,
negligence
or
petition
of
the
respondent,
in
which
case
the
period
of
such
delay
shall
not
be
counted
in
computing
the
period
of
suspension
herein
provided
FACTS:
Petitioner,
in
his
capacity
as
Cebu
City
mayor,
signed
a
contract
with
F.E.
Zuellig
for
the
supply
of
asphalt
to
the
city.
Based
on
a
news
report
of
an
alleged
anomalous
purchase
of
asphalt
through
the
contract
signed
by
the
petitioner,
the
Office
of
the
Ombudsman
(Visayas)
conducted
an
inquiry.
After
an
investigation,
the
special
prosecution
officer
to
the
Office
of
the
Ombudsman
recommended
that
the
inquiry
be
upgraded
to
criminal
and
administrative
cases
against
petitioner
and
the
other
city
officials
involved.
The
graft-investigating
officer,
to
whom
the
case
was
raffled
for
investigation,
recommended
the
preventive
suspension
of
petitioner
and
the
others.
The
affidavit-complaint
against
petitioner
was
filed.
The
Office
of
the
Ombudsman
issued
the
questioned
preventive
suspension
order.
Petitioner
assailed
the
validity
of
the
said
order
before
the
Supreme
Court:
CITaSA
HELD:
The
Office
of
the
Ombudsman
has
the
power
to
preventively
suspend
an
official
subject
to
its
administrative
investigation
as
provided
by
specific
provision
of
law.
The
power
to
preventively
suspend
is
available
not
only
to
the
Ombudsman
but
also
to
the
Deputy
Ombudsman.
The
determination
of
whether
or
not
the
evidence
of
guilt
is
strong
as
to
warrant
preventive
suspension
rests
with
the
Ombudsman.
The
discretion
as
regards
the
period
of
such
suspension
also
necessarily
belongs
to
the
Ombudsman,
except
that
he
cannot
extend
the
period
of
suspension
beyond
that
provided
by
law.
The
petition
was
denied
insofar
as
it
seeks
to
declare
that
respondents
committed
grave
abuse
of
discretion
in
conducting
an
inquiry
on
complaints
against
petitioner,
and
ordering
their
investigation
pursuant
to
respondent's
mandate
under
the
Constitution
and
the
Ombudsman
Law.
But
the
petition
was
granted
insofar
as
it
seeks
to
declare
that
respondents
committed
grave
abuse
of
discretion
concerning
the
period
of
preventive
suspension
imposed
on
petitioner.
Accordingly,
the
Court
lifted
petitioner's
preventive
suspension.
PREVENTIVE SUSPENSION IMPOSED BY COURTS UNDER SEC. 13 RA 3019
CASE: BOLASTIG V. SANDIGANBAYAN
DOCTRINE: It is indeed true that in some of our decisions the expression "the maximum period of
ninety (90) days" is used. But that is only for the purpose of emphasizing that the preventive
suspension therein involved, which were for more than ninety (90) days, were excessive and
HELD: Under the main decision of this Court, dated 5 August 1991, the second preventive suspension
unreasonable. It is to be noted that the ninety-day period of preventive suspension is not found in Sec.
has been affirmed; under the present resolution, said second preventive suspension has been served.
13 of Republic Act No. 3019 but was adopted from Sec. 42 of the Civil Service Decree (P.D. NO. 807),
As to the petition (docketed CA-G.R. SP No. 25840) filed with the Court of Appeals, which involves the
which is now Sec. 52 of the Administrative Code of 1987. . . . The duration of preventive suspension is
question of the validity of the fourth order, and which has clearly been served, petitioner admitted
that he filed it, on the belief that it was the proper remedy for his reinstatement to office; thinking that thus coeval with the period prescribed for deciding administrative disciplinary cases. If the case is
decided before ninety days, then the suspension will last less than ninety days, but if the case is not
his suspensions have been served and ended. As we have ruled that petitioner has served the
decided within ninety days, then the preventive suspension must be up to ninety days only. Similarly,
suspension orders decreed in the main decision and in the light of the finding of this Court that the
as applied to criminal prosecutions under Republic Act No. 3019, preventive suspension will last for
fourth preventive suspension order has been served, the issues raised in CA-G.R. SP No. 25840, have
less than ninety days only if the case is decided within that period; otherwise, it will continue for
also become moot and academic, warranting dismissal thereof.
ninety days. The duration of preventive suspension will, therefore, vary to the extent that it is
contingent on the time it takes the court to decide the case but not on account of any discretion lodged
POWER OF OMBUDSMAN TO ORDER PREVENTIVE SUSPENSION:
in the court, taking into account the probability that the accused may use his office to hamper his
prosecution
CASE: GARCIA V. MOJICA
DOCTRINE: The Ombudsman or his Deputy may preventively suspend any officer or employee under
FACTS: Petitioner Antonio M. Bolastig is governor of Samar. On August 31, 1989, an information was
his authority pending an investigation, if in his judgment the evidence of guilt is strong, and
(a) the charge against such officer or employee involves dishonesty, oppression or grave misconduct or filed against him and two others for alleged overpricing of 100 reams of onion skin paper in violation
of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019). The Sandiganbayan rejected
neglect in the performance of duty;
petitioner's argument and ordered the suspension of petitioner from office for a period of 90 days. It
(b) the charges would warrant removal from the service; or
held that preventive, suspension is mandatory under sec. 13, of Rep. Act No. 3019, pursuant to which
(c) the respondent's continued stay in office may prejudice the case filed against him.
all that is required is for the court to make a finding that the accused stands charged under a valid
Public Corporations Law
st
Amb. Tolentino 1 Sem 2015-2016
AKD Notes - FINALS
Page 11
information
"for
any
of
the
above-described
crimes
for
the
purpose
of
granting
or
denying
the
sought
for
suspension.
finished,
the
employee
shall
be
automatically
reinstated.
However,
although
employees
who
are
preventively
suspended
pending
investigation
are
not
entitled
to
the
payment
of
their
salaries
even
if
they
are
exonerated,
the
Court
did
not
agree
with
the
petitioner
that
they
are
not
entitled
to
compensation
for
the
period
of
their
suspension
pending
appeal
if
eventually
found
innocent.
Because
HELD:
Upon
the
filing
of
a
valid
information
charging
violation
of
Republic
Act
No.
3019,
Book
II,
Title
respondent
is
penalized
before
his
sentence
is
confirmed
that
he
should
be
paid
his
salaries
in
the
7
of
the
Revised
Penal
Code,
or
fraud
upon
government
or
public
property,
it
is
the
duty
of
the
court
to
event
he
is
exonerated.
It
would
be
unjust
to
deprive
him
of
his
pay
as
a
result
of
the
immediate
place
the
accused
under
preventive
suspension
disposes
of
petitioner's
other
contention
that
since
execution
of
the
decision
against
him
and
continue
to
do
so
even
after
it
is
shown
that
he
is
innocent
of
the
trial
in
the
Sandiganbayan
is
now
over
with
respect
to
the
presentation
of
evidence
for
the
the
charges
for
which
he
was
suspended.
To
sustain
the
government's
theory
would
be
to
make
the
prosecution
there
is
no
longer
any
danger
that
petitioner
would
intimidate
prosecution's
witnesses.
administrative
decision
not
only
executory
but
final
and
executory.
Consequently,
the
Supreme
Court
The
fact
is
that
the
possibility
that
the
accused
would
intimidate
witnesses
or
otherwise
hamper
his
affirmed
the
decision
of
the
Court
of
Appeals
with
modification
as
to
the
computation
of
the
salaries
prosecution
is
just
one
of
the
grounds
for
preventive
suspension.
The
other
one
is,
as
already
stated,
awarded
to
private
respondents.
to
prevent
the
accused
from
committing
further
acts
of
malfeasance
while
in
office.
Finally,
the
fact
that
petitioner's
preventive
suspension
may
deprive
the
people
of
Samar
of
the
services
of
an
official
elected
by
them,
at
least
temporarily,
is
not
a
sufficient
basis
for
reducing
what
is
otherwise
a
Section
65.
Rights
of
Respondent.
-
The
respondent
shall
be
accorded
full
opportunity
to
appear
and
mandatory
period
prescribed
by
law.
The
vice
governor,
who
has
likewise
been
elected
by
them,
will
defend
himself
in
person
or
by
counsel,
to
confront
and
cross-examine
the
witnesses
against
him,
and
to
act
as
governor
require
the
attendance
of
witnesses
and
the
production
of
documentary
process
of
subpoena
or
subpoena
duces
tecum.
Section
64.
Salary
of
Respondent
Pending
Suspension.
-
The
respondent
official
preventively
suspended
Section
66.
Form
and
Notice
of
Decision.
-
from
office
shall
receive
no
salary
or
compensation
during
such
suspension;
but
upon
subsequent
(a)
The
investigation
of
the
case
shall
be
terminated
within
ninety
(90)
days
from
the
start
thereof.
exoneration
and
reinstatement,
he
shall
be
paid
full
salary
or
compensation
including
such
emoluments
Within
thirty
(30)
days
after
the
end
of
the
investigation,
the
Office
of
the
President
or
the
sanggunian
accruing
during
such
suspension.
concerned
shall
render
a
decision
in
writing
stating
clearly
and
distinctly
the
facts
and
the
reasons
for
such
decision.
Copies
of
said
decision
shall
immediately
be
furnished
the
respondent
and
all
interested
EFFECT
of
Preventive
Suspension
on
compensation:
parties.
Case:
GLORIA
V.
CA
DOCTRINE:
Preventive
suspension
pending
investigation
is
not
a
penalty,
but
is
only
a
means
of
(b)
The
penalty
of
suspension
shall
not
exceed
the
unexpired
term
of
the
respondent
or
a
period
of
six
enabling
the
disciplining
authority
to
conduct
an
unhampered
investigation.
Not
being
a
penalty,
(6)
months
for
every
administrative
offense,
nor
shall
said
penalty
be
a
bar
to
the
candidacy
of
the
there
is
therefore
NO
reason
to
deny
employees
their
salaries
for
such
period,
especially
after
they
are
respondent
so
suspended
as
long
as
he
meets
the
qualifications
required
for
the
office.
proven
innocent
of
any
offense
punishable
with
suspension
or
dismissal.
But
although
we
hold
that
employees
who
are
preventively
suspended
pending
investigation
are
not
entitled
to
the
payment
of
(c)
The
penalty
of
removal
from
office
as
a
result
of
an
administrative
investigation
shall
be
considered
their
salaries
even
if
they
are
exonerated,
we
do
not
agree
with
the
government
that
they
are
not
a
bar
to
the
candidacy
of
the
respondent
for
any
elective
position.
entitled
to
compensation
for
the
period
of
their
suspension
pending
appeal
if
eventually
they
are
Section
67.
Administrative
Appeals.
-
Decisions
in
administrative
cases
may,
within
thirty
(30)
days
from
found
innocent.
It
is
precisely
because
respondent
is
penalized
before
his
sentence
is
confirmed
that
receipt
t
hereof,
be
appealed
to
the
following:
he
should
be
paid
his
salaries
in
the
event
he
is
exonerated.
It
would
be
unjust
to
deprive
him
of
his
pay
as
a
result
of
the
immediate
execution
of
the
decision
against
him
and
continue
to
do
so
even
after
(a)
The
sangguniang
panlalawigan,
in
the
case
of
decisions
of
the
sangguniang
panlungsod
of
it
is
shown
that
he
is
innocent
of
the
charges
for
which
he
was
suspended
component
cities
and
the
sangguniang
bayan;
and
(b)
The
Office
of
the
President,
in
the
case
of
decisions
of
the
sangguniang
panlalawigan
and
the
sangguniang
panlungsod
of
highly
urbanized
cities
and
independent
component
cities.
FACTS:
This
is
a
petition
for
review
on
certiorari
filed
by
petitioner
assailing
the
Court
of
Appeals'
resolution
dated
July
15,
1997.
The
appellate
court
ruled
that
private
respondents
were
entitled
to
the
Decisions
of
the
Office
of
the
President
shall
be
final
and
executory.
payment
of
their
salaries,
allowances
and
other
benefits
during
the
period
of
their
suspension
beyond
the
90-day
period
of
preventive
suspension
although
they
were
found
guilty
of
violation
of
reasonable
Section
68.
Execution
Pending
Appeal.
-
An
appeal
shall
not
prevent
a
decision
from
becoming
final
or
executory.
The
respondent
shall
be
considered
as
having
been
placed
under
preventive
suspension
during
office
rules
and
regulations
for
having
been
absent
without
leave
during
the
teachers'
strike
and
were
the
pendency
of
an
appeal
in
the
event
he
wins
such
appeal.
In
the
event
the
appeal
results
in
an
reprimanded.
Petitioner
contended
that
the
continued
suspension
of
private
respondents
was
due
to
exoneration,
he
shall
be
paid
his
salary
and
such
other
emoluments
during
the
pendency
of
the
appeal.
their
appeal,
hence,
the
government
should
not
be
held
answerable
for
payment
of
their
salaries.
Moreover,
petitioner
claimed
that
private
respondents
are
considered
under
preventive
suspension
during
the
period
of
their
appeal,
thus,
they
are
not
entitled
to
the
payment
of
their
salaries
during
their
suspension.
HELD:
The
Court
ruled
that
the
preventive
suspension
of
civil
service
employees
charged
with
dishonesty,
oppression
or
grave
misconduct
or
neglect
of
duty
is
authorized
by
the
Civil
Service
Law.
It
cannot
be
considered
unjustified
even
if
later
the
charges
are
dismissed
so
as
to
justify
the
payment
of
salaries
to
the
employee
concerned.
It
is
limited
to
ninety
(90)
days
unless
the
delay
in
the
conclusion
of
the
investigation
is
due
to
the
employee
concerned.
After
that
period,
even
if
the
investigation
is
not
CHAPTER
V
Recall
Section
69.
By
Whom
Exercised.
-
The
power
of
recall
for
loss
of
confidence
shall
be
exercised
by
the
registered
voters
of
a
local
government
unit
to
which
the
local
elective
official
subject
to
such
recall
belongs.
NATURE
OF
THE
RIGHT
TO
RECALL
complementary
to
the
right
to
elect
or
appoint.
Public Corporations Law
st
Amb. Tolentino 1 Sem 2015-2016
o Based
upon
the
theory
that
the
electorate
must
maintain
a
direct
and
elastic
control
over
public
functionaries
o Public
office
is
burdened
with
public
interest
and
the
representatives
of
the
people
are
simply
agents
or
servants
of
people
with
the
definite
powers
and
specific
duties
to
follow
CASE:
EVARDONE
V.
COMELEC
DOCTRINE:
The
right
to
recall
is
complementary
to
the
right
to
elect
or
appoint.
It
is
included
in
the
right
of
suffrage.
It
is
based
on
the
theory
that
the
electorate
must
maintain
a
direct
and
elastic
control
over
public
functionaries.
It
is
also
predicated
upon
the
idea
that
a
public
office
is
'burdened'
with
public
interests
and
that
the
representatives
of
the
people
holding
public
offices
are
simply
agents
or
servants
of
the
people
with
definite
powers
and
specific
duties
to
perform
and
to
follow
if
they
wish
to
remain
in
their
respective
offices.
FACTS:
Felipe
Evardone
is
the
mayor
of
the
Municipality
of
Sulat,
Eastern
Samar,
having
been
elected
to
the
position
during
the
1988
local
elections.
He
assumed
office
immediately
after
proclamation.
On
14
February
1990,
Alexander
R.
Apelado,
Victorino
E.
Aclan
and
Noel
A.
Nival
filed
a
petition
for
the
recall
of
Evardone
with
the
Office
of
the
Local
Election
Registrar,
Municipality
of
Sulat.
In
the
present
case,
the
records
show
that
Evardone
knew
of
the
Notice
of
Recall
filed
by
Apelado,
et
al.
on
or
about
21
February
1990
as
evidenced
by
the
Registry
Return
Receipt;
yet,
he
was
not
vigilant
in
following
up
and
determining
the
outcome
of
such
notice.
Evardone
alleges
that
it
was
only
on
or
about
3
July
1990
that
he
came
to
know
about
the
Resolution
of
respondent
COMELEC
setting
the
signing
of
the
petition
for
recall
on
14
July
1990.
But
despite
his
urgent
prayer
for
the
issuance
of
a
TRO,
Evardone
filed
the
petition
for
prohibition
only
on
10
July
1990.
Indeed,
this
Court
issued
a
TRO
on
12
July
1990
but
the
signing
of
the
petition
for
recall
took
place
just
the
same
on
the
scheduled
date
through
no
fault
of
the
respondent
COMELEC
and
Apelado,
et
al.
The
signing
process
was
undertaken
by
the
constituents
of
the
Municipality
of
Sulat
and
its
Election
Registrar
in
good
faith
and
without
knowledge
of
the
TRO
earlier
issued
by
this
Court.
As
attested
by
Election
Registrar
Sumbilla,
about
2,050
of
the
6,090
registered
voters
of
Sulat,
Eastern
Samar
or
about
34%
signed
the
petition
for
recall.
AKD Notes - FINALS
Page 12
(4)
Municipal
level.
-
All
punong
barangay
and
sangguniang
barangay
members
in
the
municipality.
(c)
A
majority
of
all
the
preparatory
recall
assembly
members
may
convene
in
session
in
a
public
place
and
initiate
a
recall
proceedings
against
any
elective
official
in
the
local
government
unit
concerned.
Recall
of
provincial,
city,
or
municipal
officials
shall
be
validly
initiated
through
a
resolution
adopted
by
a
majority
of
all
the
members
of
the
preparatory
recall
assembly
concerned
during
its
session
called
for
the
purpose.
(d)
Recall
of
any
elective
provincial,
city,
municipal,
or
barangay
official
may
also
be
validly
initiated
upon
petition
of
at
least
twenty-five
percent
(25%)
of
the
total
number
of
registered
voters
in
the
local
government
unit
concerned
during
the
election
in
which
the
local
official
sought
to
be
recalled
was
elected.
(1)
A
written
petition
for
recall
duly
signed
before
the
election
registrar
or
his
representative,
and
in
the
presence
of
a
representative
of
the
petitioner
and
a
representative
of
the
official
sought
to
be
recalled
and,
and
in
a
public
place
in
the
province,
city,
municipality,
or
barangay,
as
the
case
may
be,
shall
be
filed
with
the
COMELEC
through
its
office
in
the
local
government
unit
concerned.
The
COMELEC
or
its
duly
authorized
representative
shall
cause
the
publication
of
the
petition
in
a
public
and
conspicuous
place
for
a
period
of
not
less
than
ten
(10)
days
nor
more
than
twenty
(20)
days,
for
the
purpose
of
verifying
the
authenticity
and
genuineness
of
the
petition
and
the
required
percentage
of
voters.
(2)
Upon
the
lapse
of
the
aforesaid
period,
the
COMELEC
or
its
duly
authorized
representative
shall
announce
the
acceptance
of
candidates
to
the
position
and
thereafter
prepare
the
list
of
candidates
which
shall
include
the
name
of
the
official
sought
to
be
recalled.
RA
9244
has
removed
the
Peoples
Recall
Assembly
as
a
mode
for
initiating
recall
Section
71.
Election
on
Recall.
-
Upon
the
filing
of
a
valid
resolution
or
petition
for
recall
with
the
appropriate
local
office
of
the
COMELEC,
the
Commission
or
its
duly
authorized
representative
shall
set
the
date
of
the
election
on
recall,
which
shall
not
be
later
than
thirty
(30)
days
after
the
filing
of
the
resolution
or
petition
for
recall
in
the
case
of
the
barangay,
city,
or
municipal
officials.
and
forty-five
(45)
HELD:
The
constituents
have
made
a
judgment
and
their
will
to
recall
the
incumbent
mayor
(Evardone)
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
has
already
been
ascertained
and
must
be
afforded
the
highest
respect.
Thus,
the
signing
process
held
last
14
July
1990
in
Sulat,
Eastern
Samar,
for
the
recall
of
Mayor
Felipe
P.
Evardone
of
said
municipality
candidates,
shall
be
entitled
to
be
voted
upon.
is
valid
and
has
legal
effect.
Section
72.
Effectivity
of
Recall.
-
The
recall
of
an
elective
local
official
shall
be
effective
only
upon
the
Loss
of
confidence
[defined]
-
the
formal
withdrawal
of
the
electorate
of
their
trust
in
a
persons
ability
to
discharge
his
office
previously
bestowed
on
him
by
the
same
electorate.
Section
70.
Initiation
of
the
Recall
Process.
-
(a)
Recall
may
be
initiated
by
a
preparatory
recall
assembly
or
by
the
registered
voters
of
the
local
government
unit
to
which
the
local
elective
official
subject
to
such
recall
belongs.
election
and
proclamation
of
a
successor
in
the
person
of
the
candidate
receiving
the
highest
number
of
votes
cast
during
the
election
on
recall.
Should
the
official
sought
to
be
recalled
receive
the
highest
number
of
votes,
confidence
in
him
is
thereby
affirmed,
and
he
shall
continue
in
office.
Section
73.
Prohibition
from
Resignation.
-
The
elective
local
official
sought
to
be
recalled
shall
not
be
allowed
to
resign
while
the
recall
process
is
in
progress.
Section 74. Limitations on Recall. -
(a) Any elective local official may be the subject of a recall election only once during his term of office
(b) There shall be a preparatory recall assembly in every province, city, district, and municipality
for loss of confidence.
which shall be composed of the following:
(b) No recall shall take place within one (1) year from the date of the official's assumption to office or
one (1) year immediately preceding a regular local election.
(1) Provincial level. - All mayors, vice-mayors, and sanggunian members of the municipalities and
component cities;
Regular Local Election defined - The term "regular local election" must be confined to the regular
(2) City level. - All punong barangay and sanggunian barangay members in the city;
election of elective local officials, as distinguished from the regular election of national officials. The
elective national officials are the President, Vice-President, Senators and Congressmen. The elective
(3) Legislative District level. - In case where sangguniang panlalawigan members are elected by
local officials are Provincial Governors, Vice-Governors of provinces, Mayors and Vice-Mayors of cities
district, all elective municipal officials in the district; and in cases where sangguniang panlungsod
and municipalities, Members of the Sanggunians of provinces, cities and municipalities, punong
members are elected by district, all elective barangay officials in the district; and
Public Corporations Law
st
Amb. Tolentino 1 Sem 2015-2016
AKD Notes - FINALS
Page 13
barangays
and
members
of
the
sangguniang
barangays,
and
the
elective
regional
officials
of
the
Autonomous
Region
of
Muslim
Mindanao.
These
are
the
only
local
elective
officials
deemed
recognized
by
Section
2(2)
of
Article
IX-C
of
the
Constitution.
Section
77.
Responsibility
for
Human
Resources
and
Development.
-
The
chief
executive
of
every
local
government
unit
shall
be
responsible
for
human
resources
and
development
in
his
unit
and
shall
take
all
personnel
actions
in
accordance
with
the
Constitutional
provisions
on
civil
service,
pertinent
laws,
and
rules
and
regulations
thereon,
including
such
policies,
guidelines
and
standards
as
the
Civil
Service
CASE:
PARAS
V.
COMELEC
Commission
may
establish:
Provided,
That
the
local
chief
executive
may
employ
emergency
or
casual
DOCTRINE:
A
regular
election,
whether
national
or
local,
can
only
refer
to
an
election
participated
in
by
employees
or
laborers
paid
on
a
daily
wage
or
piecework
basis
and
hired
through
job
orders
for
local
those
who
possess
the
right
of
suffrage,
are
not
otherwise
disqualified
by
law,
and
who
are
registered
projects
authorized
by
the
sanggunian
concerned,
without
need
of
approval
or
attestation
by
the
Civil
voters.
One
of
the
requirements
for
the
exercise
of
suffrage
under
Section
1,
Article
V
of
the
Service
Commission:
Provided,
further,
That
the
period
of
employment
of
emergency
or
casual
laborers
as
Constitution
is
that
the
person
must
be
at
least
18
years
of
age,
and
one
requisite
before
he
can
vote
is
provided
in
this
Section
shall
not
exceed
six
(6)
months.
that
he
be
a
registered
voter
pursuant
to
the
rules
on
registration
prescribed
in
the
Omnibus
Election
The
Joint
Commission
on
Local
Government
Personnel
Administration
organized
pursuant
to
Presidential
Code.
Under
the
law,
the
SK
includes
the
youth
with
ages
ranging
from
15
to
21.
Accordingly,
they
include
many
who
are
not
qualified
to
vote
in
a
regular
election,
viz.,
those
from
ages
15
to
less
than
18.
Decree
Numbered
Eleven
Hundred
thirty-six
(P.D.
No.
1136)
is
hereby
abolished
and
its
personnel,
records,
equipment
and
other
assets
transferred
to
the
appropriate
office
in
the
Civil
Service
Commission.
In
no
manner
then
may
SK
elections
be
considered
a
regular
election
(whether
national
or
local).
FACTS:
Petitioner
Danilo
E.
Paras
is
the
incumbent
Punong
Barangay
of
Pula,
Cabanatuan
City
who
won
during
the
last
regular
barangay
election
in
1994.
In
a
resolution
dated
January
5,
1996,
the
COMELEC,
for
the
third
time,
re-scheduled
the
recall
election
on
January
13,
1996;
hence,
the
instant
petition
for
certiorari
with
urgent
prayer
for
injunction.
In
view
of
the
Office
of
the
Solicitor
General's
manifestation
maintaining
an
opinion
adverse
to
that
of
the
COMELEC,
the
latter
through
its
law
department
filed
the
required
comment.
Petitioner's
argument
is
simple
and
to
the
point.
Citing
Section
74
(b)
of
Republic
Act
No.
7160,
otherwise
known
as
the
Local
Government
Code,
which
states
that
"no
recall
shall
take
place
within
one
(1)
year
from
the
date
of
the
official's
assumption
to
office
or
one
(1)
year
immediately
preceding
a
regular
local
election",
petitioner
insists
that
the
scheduled
January
13,
1996
recall
election
is
now
barred
as
the
Sangguniang
Kabataan
(SK)
election
was
set
by
Republic
Act
No.
7808
on
the
first
Monday
of
May
1996,
and
every
three
years
thereafter.
HELD:
Subscribing
to
petitioner's
interpretation
of
the
phrase
regular
local
election
to
include
the
SK
election
will
unduly
circumscribe
the
novel
provision
of
the
Local
Government
Code
on
recall,
a
mode
of
removal
of
public
officers
by
initiation
of
the
people
before
the
end
of
his
term.
And
if
the
SK
election
which
is
set
by
R.A.
No
7808
to
be
held
every
three
years
from
May
1996
were
to
be
deemed
within
the
purview
of
the
phrase
"regular
local
election,"
as
erroneously
insisted
by
petitioner,
then
no
recall
election
can
be
conducted
rendering
inutile
the
recall
provision
of
the
Local
Government
Code.
Recall
construed
in
provision
refer
to
recall
election,
not
proceedings
to
initiate
recall.
Purpose
of
first
limitation
of
par
[b]
is
to
provide
voters
a
sufficient
basis
for
judging
an
elective
official
and
final
judging
is
not
done
until
the
day
of
election.
To
construe
recall
as
to
include
initiatory
proceedings
would
curtail
freedom
of
speech
and
assembly
guaranteed
in
the
Constitution.
Section
75.
Expenses
Incident
to
Recall
Elections.
-
All
expenses
incident
to
recall
elections
shall
be
borne
by
the
COMELEC.
For
this
purpose,
there
shall
be
included
in
the
annual
General
Appropriations
Act
a
contingency
fund
at
the
disposal
of
the
COMELEC
for
the
conduct
of
recall
elections.
TITLE
III.
HUMAN
RESOURCES
AND
DEVELOPMENT
Section
78.
Civil
Service
Law,
Rules
and
Regulations,
and
Other
Related
Issuances.
-
All
matters
pertinent
to
human
resources
and
development
in
local
government
units
shall
be
governed
by
the
civil
service
law
and
such
rules
and
regulations
and
other
issuances
promulgated
pursuant
thereto,
unless
otherwise
specified
in
this
Code.
Resignation
and
Abandonment
o Resignation
is
the
act
of
giving
up
or
the
act
of
an
officer
by
which
he
declines
his
office
and
renounces
the
right
to
further
use
it.
-
Requirements:
1.
intention
to
relinquish
a
part
of
the
term
2.
act
of
relinquishment
3.
acceptance
by
proper
authority
o Abandonment
is
the
voluntary
relinquishment
of
an
office
by
the
holder
with
the
intention
of
terminating
his
possession
and
control
thereof.
-
elements;
1.
intention
to
abandon
2.
overt
or
external
act
by
which
intention
is
carried
into
effect
o Resignations
by
elective
local
officials
must
be
in
writing.
Power
of
CSC
to
revoke
or
cancel
appointments
o CSC
has
authority
to
revoke
or
cancel
appointment
to
a
civil
service
position
after
its
regional
office
may
have
approved
the
same
and
the
appointee
has
assumed
a
new
position.
o The
CSC
has
the
power
to
hear
and
decide
administrative
cases
instituted
directly
or
on
appeal,
including
contested
appointments,
and
review
decisions
and
actions
of
its
agencies
or
the
agencies
attached
to
it
o The
CSC
is
empowered
to
take
appropriate
action
on
all
appointments
and
other
personnel
actions
and
such
power
includes
the
authority
to
recall
an
appointment
initially
approved
in
disregard
of
applicable
provisions
of
CSC
laws
and
regulations.
No
prior
notice
when
employee
is
continuously
absent
without
approved
leave
for
at
least
30
days
Procedure
for
judicial
review
of
decisions
of
CSC
-
special
civil
action
for
Certiorari
Section
79.
Limitation
to
Appointments.
-
No
person
shall
be
appointed
in
the
career
service
of
the
local
Section
76.
Organizational
Structure
and
Staffing
Pattern.
-
Every
local
government
unit
shall
design
and
government
if
he
is
related
within
the
fourth
civil
degree
of
consanguinity
or
affinity
to
the
appointing
implement
its
own
organizational
structure
and
staffing
pattern
taking
into
consideration
its
service
or
recommending
authority.
requirements
and
financial
capability,
subject
to
the
minimum
standards
and
guidelines
prescribed
by
the
Section
80.
Public
Notice
of
Vacancy;
Personnel
Selection
Board.
-
Civil
Service
Commission.
Public Corporations Law
st
Amb. Tolentino 1 Sem 2015-2016
AKD Notes - FINALS
Page 14
(a)
Whenever
a
local
executive
decides
to
fill
a
vacant
career
position,
there
shall
be
posted
notices
Section
83.
Grievance
Procedure.
-
In
every
local
government
unit,
the
local
chief
executive
shall
of
the
vacancy
in
at
least
three
(3)
conspicuous
public
places
in
the
local
government
unit
concerned
establish
a
procedure
to
inquire
into,
act
upon,
resolve
or
settle
complaints
and
grievances
presented
for
a
period
of
not
less
than
fifteen
(15)
days.
by
local
government
employees.
(b)
There
shall
be
established
in
every
province,
city
or
municipality
a
personnel
selection
board
to
assist
the
local
chief
executive
in
the
judicious
and
objective
selection
or
personnel
for
employment
as
well
as
for
promotion,
and
in
the
formulation
of
such
policies
as
would
contribute
to
employee
welfare.
Section 84. Administrative Discipline. - Investigation and adjudication of administrative complaints
against appointive local officials and employees as well as their suspension and removal shall be in
accordance with the civil service law and rules and other pertinent laws. The results of such
administrative investigations shall be reported to the Civil Service Commission.
(c)
The
personnel
selection
board
shall
be
headed
by
the
local
chief
executive,
and
its
members
shall
be
determined
by
resolution
of
the
sanggunian
concerned.
A
representative
of
the
Civil
Service
Commission,
if
any,
and
the
personnel
officer
of
the
local
government
unit
concerned
shall
be
ex
officio
members
of
the
board.
Section 85. Preventive Suspension of Appointive Local Officials and Employees. -
Section
81.
Compensation
of
Local
Officials
and
Employees.
-
The
compensation
of
local
officials
and
personnel
shall
be
determined
by
the
sanggunian
concerned:
Provided,
That
the
increase
in
compensation
of
elective
local
officials
shall
take
effect
only
after
the
terms
of
office
of
those
approving
such
increase
shall
have
expired:
Provided,
further,
That
the
increase
in
compensation
of
the
appointive
officials
and
employees
shall
take
effect
as
provided
in
the
ordinance
authorizing
such
increase:
Provided,
however,
That
said
increases
shall
not
exceed
the
limitations
on
budgetary
allocations
for
personal
services
provided
under
Title
Five,
Book
II
of
this
Code:
Provided,
finally,
That
such
compensation
may
be
based
upon
the
pertinent
provisions
of
Republic
Act
Numbered
Sixty-seven
fifty-eight
(R.A.
No
6758),
otherwise
known
as
the
"Compensation
and
Position
Classification
Act
of
1989".
The
punong
barangay,
the
sangguniang
barangay
member,
the
sangguniang
kabataan
chairman,
the
barangay
treasurer,
and
the
barangay
secretary
shall
be
entitled
to
such
compensation,
allowances,
emoluments,
and
such
other
privileges
as
provided
under
Title
One
Book
III
of
this
Code.
Elective
local
officials
shall
be
entitled
to
the
same
leave
privileges
as
those
enjoyed
by
appointive
local
officials,
including
the
cumulation
and
commutation
thereof.
Section
82.
Resignation
of
Elective
Local
Officials.
-
(a)
Resignations
by
elective
local
officials
shall
be
deemed
effective
only
upon
acceptance
by
the
following
authorities:
(1)
The
President,
in
the
case
of
governors,
vice-governors,
and
mayors
and
vice-mayors
of
highly
urbanized
cities
and
independent
component
cities;
(a)
The
local
chief
executives
may
preventively
suspend
for
a
period
not
exceeding
sixty
(60)
days
and
subordinate
official
or
employee
under
his
authority
pending
investigation
if
the
charge
against
such
official
or
employee
involves
dishonesty,
oppression
or
grave
misconduct
or
neglect
in
the
performance
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
without
prejudice
to
the
continuation
of
the
administrative
proceedings
against
him
until
its
termination.
If
the
delay
in
the
proceedings
of
the
case
is
due
to
the
fault,
neglect
or
request
of
the
respondent,
the
time
of
the
delay
shall
not
be
counted
in
computing
the
period
of
suspension
herein
provided.
Section
86.
Administrative
Investigation.
-
In
any
local
government
unit,
administrative
investigation
may
be
conducted
by
a
person
or
a
committee
duly
authorized
by
the
local
chief
executive.
Said
person
or
committee
shall
conduct
hearings
on
the
cases
brought
against
appointive
local
officials
and
employees
and
submit
their
findings
and
recommendations
to
the
local
chief
executive
concerned
within
fifteen
(15)
days
from
the
conclusion
of
the
hearings.
The
administrative
cases
herein
mentioned
shall
be
decided
within
ninety
(90)
days
from
the
time
the
respondent
is
formally
notified
of
the
charges.
Section
87.
Disciplinary
Jurisdiction.
-
Except
as
otherwise
provided
by
law,
the
local
chief
executive
may
impose
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)
months
salary,
or
reprimand
and
otherwise
discipline
subordinate
officials
and
employees
under
his
jurisdiction.
If
the
penalty
imposed
is
suspension
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
decide
the
appeal
within
thirty
(30)
days
from
receipt
thereof.
(3) The sanggunian concerned, in the case of sanggunian members; and
Section
88.
Execution
Pending
Appeal.
-
An
appeal
shall
not
prevent
the
execution
of
a
decision
of
removal
or
suspension
of
a
respondent-appellant.
In
case
the
respondent-appellant
is
exonerated,
he
shall
be
reinstated
to
his
position
with
all
the
rights
and
privileges
appurtenant
thereto
from
the
time
he
had
been
deprived
thereof.
(4) The city or municipal mayor, in the case of barangay officials.
Section 89. Prohibited Business and Pecuniary Interest. -
(2)
The
governor,
in
the
case
of
municipal
mayors,
municipal
vice-mayors,
city
mayors
and
city
vice-mayors
of
component
cities;
(b)
Copies
of
the
resignation
letters
of
elective
local
officials,
together
with
the
action
taken
by
the
aforesaid
authorities,
shall
be
furnished
the
Department
of
the
Interior
and
Local
Government.
(c)
The
resignation
shall
be
deemed
accepted
if
not
acted
upon
by
the
authority
concerned
within
fifteen
(15)
days
from
receipt
thereof.
(d)
Irrevocable
resignations
by
sanggunian
members
shall
be
deemed
accepted
upon
presentation
before
an
open
session
of
the
sanggunian
concerned
and
duly
entered
in
its
records:
Provided,
however,
That
this
subsection
does
not
apply
to
sanggunian
members
who
are
subject
to
recall
elections
or
to
cases
where
existing
laws
prescribed
the
manner
of
acting
upon
such
resignations.
(a)
It
shall
be
unlawful
for
any
local
government
official
or
employee,
directly
or
indirectly,
to:
(1)
Engage
in
any
business
transaction
with
the
local
government
unit
in
which
he
is
an
official
or
employee
or
over
which
he
has
the
power
of
supervision,
or
with
any
of
its
authorized
boards,
officials,
agents,
or
attorneys,
whereby
money
is
to
be
paid,
or
property
or
any
other
thing
of
value
is
to
be
transferred,
directly
or
indirectly,
out
of
the
resources
of
the
local
government
unit
to
such
person
or
firm;
(2)
Hold
such
interests
in
any
cockpit
or
other
games
licensed
by
a
local
government
unit;
Public Corporations Law
st
Amb. Tolentino 1 Sem 2015-2016
(3)
Purchase
any
real
estate
or
other
property
forfeited
in
favor
of
such
local
government
unit
for
unpaid
taxes
or
assessment,
or
by
virtue
of
a
legal
process
at
the
instance
of
the
said
local
government
unit;
(4)
Be
a
surety
for
any
person
contracting
or
doing
business
with
the
local
government
unit
for
which
a
surety
is
required;
and
(5)
Possess
or
use
any
public
property
of
the
local
government
unit
for
private
purposes.
(b)
All
other
prohibitions
governing
the
conduct
of
national
public
officers
relating
to
prohibited
business
and
pecuniary
interest
so
provided
for
under
Republic
Act
Numbered
Sixty-seven
thirteen
(R.A.
No.
6713)
otherwise
known
as
the
"Code
of
Conduct
and
Ethical
Standards
for
Public
Officials
and
Employees"
and
other
laws
shall
also
be
applicable
to
local
government
officials
and
employees.
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
members
may
practice
their
professions,
engage
in
any
occupation,
or
teach
in
schools
except
during
session
hours:
Provided,
That
sanggunian
members
who
are
also
members
of
the
Bar
shall
not:
(1)
Appear
as
counsel
before
any
court
in
any
civil
case
wherein
a
local
government
unit
or
any
office,
agency,
or
instrumentality
of
the
government
is
the
adverse
party;
(2)
Appear
as
counsel
in
any
criminal
case
wherein
an
officer
or
employee
of
the
national
or
local
government
is
accused
of
an
offense
committed
in
relation
to
his
office.
(3)
Collect
any
fee
for
their
appearance
in
administrative
proceedings
involving
the
local
government
unit
of
which
he
is
an
official;
and
(4)
Use
property
and
personnel
of
the
government
except
when
the
sanggunian
member
concerned
is
defending
the
interest
of
the
government.
AKD Notes - FINALS
Page 15
Section
92.
Oath
of
Office.
-
(a)
All
elective
and
appointive
local
officials
and
employees
shall,
upon
assumption
to
office,
subscribe
to
an
oath
or
affirmation
of
office
in
the
prescribed
form.
The
oath
or
affirmation
of
office
shall
be
filed
with
the
office
of
the
local
chief
executive
concerned.
A
copy
of
the
oath
or
affirmation
of
office
of
all
elective
and
appointive
local
officials
and
employees
shall
be
preserved
in
the
individual
personal
records
file
under
the
custody
of
the
personnel
office,
division,
or
section
of
the
local
government
unit
concerned.
Section
93.
Partisan
Political
Activity.
-
No
local
official
or
employee
in
the
career
civil
service
shall
engage
directly
or
indirectly
in
any
partisan
political
activity
or
take
part
in
any
election,
initiative,
referendum,
plebiscite,
or
recall,
except
to
vote,
nor
shall
he
use
his
official
authority
or
influence
to
cause
the
performance
of
any
political
activity
by
any
person
or
body.
He
may,
however,
express
his
views
on
current
issues,
or
mention
the
names
of
certain
candidates
for
public
office
whom
he
supports.
Elective
local
officials
may
take
part
in
partisan
political
and
electoral
activities,
but
it
shall
be
unlawful
for
them
to
solicit
contributions
from
their
subordinates
or
subject
these
subordinates
to
any
of
the
prohibited
acts
under
the
Omnibus
Election
Code.
EXCEPTION
:
Local
officials
or
employees
may
express
their
views
on
the
current
issues
or
mention
the
names
of
certain
candidates
which
they
may
support.
Section
94.
Appointment
of
Elective
and
Appointive
Local
Officials;
Candidates
Who
Lost
in
an
Election.
-
(a)
No
elective
or
appointive
local
official
shall
be
eligible
for
appointment
or
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
employment
in
the
government
or
any
subdivision,
agency
or
instrumentality
thereof,
including
government-owned
or
controlled
corporations
or
their
subsidiaries.
Constitutionality
of
appointment
of
local
elective
officials
to
another
post
-
an
elective
official
may
be
appointed
to
another
post
if
allowed
by
law
or
by
the
primary
functions
of
his
office
Section
95.
Additional
or
Double
Compensation.
-
No
elective
or
appointive
local
official
or
employee
shall
receive
additional,
double,
or
indirect
compensation,
unless
specifically
authorized
by
law,
nor
accept
without
the
consent
of
Congress,
any
present,
emoluments,
office,
or
title
of
any
kind
from
any
foreign
government.
Pensions
or
gratuities
shall
not
be
considered
as
additional,
double,
or
indirect
compensation.
(c)
Doctors
of
medicine
may
practice
their
profession
even
during
official
hours
of
work
only
on
occasions
of
emergency:
Provided,
That
the
officials
concerned
do
not
derive
monetary
compensation
therefrom.
Section
96.
Permission
to
Leave
Station.
-
Reason
for
prohibition:
(a)
Provincial,
city,
municipal,
and
barangay
appointive
officials
going
on
official
travel
shall
apply
o Sen.
Pimentel
-
office
of
Gov/Mayor
is
a
full
time
job;
on
the
other
hand,
regular
sessions
of
and
secure
written
permission
from
their
respective
local
chief
executives
before
departure.
The
sanggunian
members
are
held
once
a
week.
application
shall
specify
the
reasons
for
such
travel,
and
the
permission
shall
be
given
or
withheld
o Profession
[defined]
-
a
calling
requiring
specialized
knowledge
and
often
long
and
intensive
based
on
considerations
of
public
interest,
financial
capability
of
the
local
government
unit
preparation
in
skills
and
methods
as
well
as
scientific,
historical,
or
scholarly
principles
concerned
and
urgency
of
the
travel.
underlying
such
skills
and
methods,
maintaining
by
force
of
conduct,
and
committing
its
members
to
continued
study
and
to
a
kind
of
work
for
which
has
for
its
prime
purpose
the
rendering
of
Should
the
local
chief
executive
concerned
fall
to
act
upon
such
application
within
four
(4)
working
public
service.
days
from
receipt
thereof,
it
shall
be
deemed
approved.
-
a
principal
calling,
vocation,
or
employment
(b)
Mayors
of
component
cities
and
municipalities
shall
secure
the
permission
of
the
governor
When
conflict
of
interests
exist
-
where
the
interests
of
the
LGU
with
which
the
official
is
concerned
for
any
travel
outside
the
province.
connected
are
oppeosed
to
the
interests
of
the
person
who
obtains
his
services.
(c)
Local
government
officials
traveling
abroad
shall
notify
their
respective
sanggunian:
Provided,
That
when
the
period
of
travel
extends
to
more
than
three
(3)
months,
during
periods
of
emergency
Section
91.
Statement
of
Assets
and
Liabilities.
-
(a)
Officials
and
employees
of
local
government
units
or
crisis
or
when
the
travel
involves
the
use
of
public
funds,
permission
from
the
Office
of
the
shall
file
sworn
statements
of
assets,
liabilities
and
net
worth,
lists
of
relatives
within
the
fourth
civil
President
shall
be
secured.
degree
of
consanguinity
or
affinity
in
government
service,
financial
and
business
interests,
and
(d)
Field
officers
of
national
agencies
or
offices
assigned
in
provinces,
cities,
and
municipalities
shall
personnel
data
sheets
as
required
by
law.
not
leave
their
official
stations
without
giving
prior
written
notice
to
the
local
chief
executive
Public Corporations Law
st
Amb. Tolentino 1 Sem 2015-2016
concerned.
Such
notice
shall
state
the
duration
of
travel
and
the
name
of
the
officer
whom
he
shall
designate
to
act
for
and
in
his
behalf
during
his
absence.
Section
97.
Annual
Report.
-
On
or
before
March
31
of
each
year,
every
local
chief
executive
shall
submit
an
annual
report
to
the
sanggunian
concerned
on
the
socio-economic,
political
and
peace
and
order
conditions,
and
other
matters
concerning
the
local
government
unit,
which
shall
cover
the
immediately
preceding
calendar
year.
A
copy
of
the
report
shall
be
forwarded
to
the
Department
of
the
Interior
and
Local
Government.
Component
cities
and
municipalities
shall
likewise
provide
the
sangguniang
panlalawigan
copies
of
their
respective
annual
reports.
TITLE
IV
LOCAL
SCHOOL
BOARDS
Section
98.
Creation,
Composition,
and
Compensation.
-
(a)
There
shall
be
established
in
every
province,
city,
or
municipality
a
provincial,
city,
or
municipal
school
board,
respectively.
(b)
The
composition
of
local
school
boards
shall
be
as
follows:
(1)
The
provincial
school
board
shall
be
composed
of
the
governor
and
the
division
superintendent
of
schools
as
co-chairman;
the
chairman
of
the
education
committee
of
the
sangguniang
panlalawigan,
the
provincial
treasurer,
the
representative
of
the
"pederasyon
ng
mga
sangguniang
kabataan"
in
the
sangguniang
panlalawigan,
the
duly
elected
president
of
the
provincial
federation
of
parents-teachers
associations,
the
duly
elected
representative
of
the
teachers'
organizations
in
the
province,
and
the
duly
elected
representative
of
the
non-academic
personnel
of
public
schools
in
the
province,
as
members;
(2)
The
city
school
board
shall
be
composed
of
the
city
mayor
and
the
city
superintendent
of
schools
as
co-chairmen;
the
chairman
of
the
education
committee
of
the
sangguniang
panlungsod,
the
city
treasurer,
the
representative
of
the
"pederasyon
ng
mga
sangguniang
kabataan"
in
the
sangguniang
panlungsod,
the
duly
elected
president
of
the
city
federation
of
parents-
teachers
associations,
the
duly
elected
representative
of
the
teachers'
organizations
in
the
city,
and
the
duly
elected
representative
of
the
non-academic
personnel
of
public
schools
in
the
city,
as
members;
and
(3)
The
municipal
school
board
shall
be
composed
of
the
municipal
mayor
and
the
district
supervisor
of
schools
as
co-chairmen;
the
chairman
of
the
education
committee
of
the
sangguniang
bayan,
the
municipal
treasurer,
the
representative
of
the
"pederasyon
ng
mga
sangguniang
kabataan"
in
the
sangguniang
bayan,
the
duly
elected
president
of
the
municipal
federation
of
parent-teacher
associations,
the
duly
elected
representative
of
the
teachers'
organizations
in
the
municipality,
and
the
duly
elected
representative
of
the
non-academic
personnel
of
public
schools
in
the
municipality,
as
members.
(c)
In
the
event
that
a
province
or
city
has
two
(2)
or
more
school
superintendents,
and
in
the
event
that
a
municipality
has
two
(2)
or
more
district
supervisors,
the
co-chairman
of
the
local
school
board
shall
be
determined
as
follows:
(1)
The
Department
of
Education,
Culture
and
Sports
shall
designate
the
co-chairman
for
the
provincial
and
city
school
boards;
and
(2)
The
division
superintendent
of
schools
shall
designate
the
district
supervisor
who
shall
serve
as
co-chairman
of
the
municipal
school
board.
(d)
The
performance
of
the
duties
and
responsibilities
of
the
abovementioned
officials
in
their
respective
local
school
boards
shall
not
be
delegated.
Section
99.
Functions
of
Local
School
Boards.
-
The
provincial,
city
or
municipal
school
board
shall:
AKD Notes - FINALS
Page 16
(a)
Determine,
in
accordance
with
the
criteria
set
by
the
Department
of
Education,
Culture
and
Sports,
the
annual
supplementary
budgetary
needs
for
the
operation
and
maintenance
of
public
schools
within
the
province,
city,
or
municipality,
as
the
case
may
be,
and
the
supplementary
local
cost
of
meeting
such
as
needs,
which
shall
be
reflected
in
the
form
of
an
annual
school
board
budget
corresponding
to
its
share
of
the
proceeds
of
the
special
levy
on
real
property
constituting
the
Special
Education
Fund
and
such
other
sources
of
revenue
as
this
Code
and
other
laws
or
ordinances
may
provide;
(b)
Authorize
the
provincial,
city
or
municipal
treasurer,
as
the
case
may
be,
to
disburse
funds
from
the
Special
Education
Fund
pursuant
to
the
budget
prepared
and
in
accordance
with
existing
rules
and
regulations;
(c)
Serve
as
an
advisory
committee
to
the
sanggunian
concerned
on
educational
matters
such
as,
but
not
limited
to,
the
necessity
for
and
the
uses
of
local
appropriations
for
educational
purposes;
and
(d)
Recommend
changes
in
the
names
of
public
schools
within
the
territorial
jurisdiction
of
the
local
government
unit
for
enactment
by
the
sanggunian
concerned.
The
Department
of
Education,
Culture
and
Sports
shall
consult
the
local
school
board
on
the
appointment
of
division
superintendents,
district
supervisors,
school
principals,
and
other
school
officials.
Section
100.
Meetings
and
Quorum;
Budget.
-
(a)
The
local
school
board
shall
meet
at
least
once
a
month
or
as
often
as
may
be
necessary.
(b)
Any
of
the
co-chairmen
may
call
a
meeting.
A
majority
of
all
its
members
shall
constitute
a
quorum.
However,
when
both
co-chairmen
are
present
in
a
meeting,
the
local
chief
executive
concerned,
as
a
matter
of
protocol,
shall
be
given
preference
to
preside
over
the
meeting.
The
division
superintendent,
city
superintendent
or
district
supervisor,
as
the
case
may
be,
shall
prepare
the
budget
of
the
school
board
concerned.
Such
budget
shall
be
supported
by
programs,
projects,
and
activities
of
the
school
board
for
the
ensuing
fiscal
year.
The
affirmative
vote
of
the
majority
of
all
the
members
shall
be
necessary
to
approve
the
budget.
(c)
The
annual
school
board
budget
shall
give
priority
to
the
following:
(1)
Construction,
repair,
and
maintenance
of
school
buildings
and
other
facilities
of
public
elementary
and
secondary
schools;
(2)
Establishment
and
maintenance
of
extension
classes
where
necessary;
and
(3)
Sports
activities
at
the
division,
district,
municipal,
and
barangay
levels.
Section
101.
Compensation
and
Remuneration.
-
The
co-chairmen
and
members
of
the
provincial,
city
or
municipal
school
board
shall
perform
their
duties
as
such
without
compensation
or
remuneration.
Members
thereof
who
are
not
government
officials
or
employees
shall
be
entitled
to
necessary
traveling
expenses
and
allowances
chargeable
against
the
funds
of
the
local
school
board
concerned,
subject
to
existing
accounting
and
auditing
rules
and
regulations.
TITLE
V
LOCAL
HEALTH
BOARDS
Section
102.
Creation
and
Composition.
-
(a)
There
shall
be
established
a
local
health
board
in
every
province,
city,
or
municipality.
The
composition
of
the
local
health
boards
shall
be
as
follows:
(1)
The
provincial
health
board
shall
be
headed
by
the
governor
as
chairman,
the
provincial
health
officer
as
vice-chairman,
and
the
chairman
of
the
committee
on
health
of
the
Public Corporations Law
st
Amb. Tolentino 1 Sem 2015-2016
sangguniang panlalawigan, a representative from the private sector or non-governmental
organizations involved in health services, and a representative of the Department of Health in
the province, as members;
AKD Notes - FINALS
Page 17
sanggunian.
For
this
purpose,
the
development
council
at
the
provincial,
city,
municipal,
or
barangay
level,
shall
assist
the
corresponding
sanggunian
in
setting
the
direction
of
economic
and
social
development,
and
coordinating
development
efforts
within
its
territorial
jurisdiction.
(2)
The
city
health
board
shall
be
headed
by
the
city
mayor
as
chairman,
the
city
health
officer
Section
107.
Composition
of
Local
Development
Councils.
-
The
composition
of
the
local
development
as
vice-chairman,
and
the
chairman
of
the
committee
on
health
of
the
sangguniang
panlungsod,
council
shall
be
as
follows:
a
representative
from
the
private
sector
or
non-governmental
organizations
involved
in
health
(1)
Members
of
the
sangguniang
barangay;
services,
and
a
representative
of
the
Department
of
Health
in
the
city,
as
members;
and
(2)
Representatives
of
non-governmental
organizations
operating
in
the
barangay
who
shall
constitute
not
less
than
one
fourth
()
of
the
members
of
the
fully
(3)
The
municipal
health
board
shall
be
headed
by
the
municipal
mayor
as
chairman,
the
organized
council;
municipal
health
officer
as
vice-chairman,
and
the
chairman
of
the
committee
on
health
of
the
(3)
A
representative
of
the
congressman.
sangguniang
bayan,
a
representative
from
the
private
sector
or
non-governmental
(b)
The
city
or
municipal
development
council
shall
be
headed
by
the
mayor
and
shall
be
organizations
involved
in
health
services,
and
a
representative
of
the
Department
of
Health
in
composed
of
the
following
members:
the
municipality,
as
members.
(1)
All
punong
barangays
in
the
city
or
municipality;
(2)
The
chairman
of
the
committee
on
appropriations
of
the
sangguniang
(b)
The
functions
of
the
local
health
board
shall
be:
panlungsod
or
sangguniang
bayan
concerned;
(1)
To
propose
to
the
sanggunian
concerned,
in
accordance
with
standards
and
criteria
set
by
(3)
The
congressman
or
his
representative;
and
the
Department
of
Health,
annual
budgetary
allocations
for
the
operation
and
maintenance
of
(4)
Representatives
of
non-governmental
organizations
operating
in
the
city
or
health
facilities
and
services
within
the
municipality,
city
or
province,
as
the
case
may
be;
municipality,
as
the
case
may
be,
who
shall
constitute
not
less
than
one-fourth
()
of
the
members
of
the
fully
organized
council.
(2)
To
serve
as
an
advisory
committee
to
the
sanggunian
concerned
on
health
matters
such
as,
(c)
The
provincial
development
council
shall
be
headed
by
the
governor
and
shall
be
but
not
limited
to,
the
necessity
for,
and
application
of
local
appropriations
for
public
health
composed
of
the
following
members:
purposes;
and
(1)
All
mayors
of
component
cities
and
municipalities;
(2)
The
chairman
of
the
committee
on
appropriations
of
the
sangguniang
(3)
Consistent
with
the
technical
and
administrative
standards
of
the
Department
of
Health,
panlalawigan;
create
committees
which
shall
advise
local
health
agencies
on
matters
such
as,
but
not
limited
(3)
The
congressman
or
his
representative;
and
to,
personnel
selection
and
promotion,
bids
and
awards,
grievance
and
complaints,
personnel
(4)
Representatives
of
non-governmental
organizations
operating
in
the
province,
discipline,
budget
review,
operations
review
and
similar
functions.
who
shall
constitute
not
less
than
one-fourth
()
of
the
members
of
the
fully
Section
103.
Meetings
and
Quorum.
-
organized
council.
(d)
The
local
development
councils
may
call
upon
any
local
official
concerned
or
any
official
(a)
The
board
shall
meet
at
least
once
a
month
or
as
may
be
necessary.
of
national
agencies
or
offices
in
the
local
government
unit
to
assist
in
the
formulation
of
their
respective
development
plans
and
public
investment
programs.
(b)
A
majority
of
the
members
of
the
board
shall
constitute
a
quorum,
but
the
chairman
or
the
vice-
chairman
must
be
present
during
meetings
where
budgetary
proposals
are
being
prepared
or
Section
108.
Representation
of
Non-governmental
Organizations.
-
Within
a
period
of
sixty
(60)
days
considered.
The
affirmative
vote
of
all
the
majority
of
the
members
shall
be
necessary
to
approve
from
the
start
of
organization
of
local
development
councils,
the
non-governmental
organizations
shall
such
proposals.
choose
from
among
themselves
their
representatives
to
said
councils.
The
local
sanggunian
concerned
shall
accredit
non-governmental
organizations
subject
to
such
criteria
as
may
be
provided
by
law.
Section
104.
Compensation
and
Remuneration.
-
The
chairman,
vice-chairman,
and
members
of
the
provincial,
city
or
municipal
health
board
shall
perform
their
duties
as
such
without
compensation
or
Section
109.
Functions
of
Local
Development
Councils.
-
remuneration.
Members
thereof
who
are
not
government
officials
or
employees
shall
be
entitled
to
necessary
traveling
expenses
and
allowances
chargeable
against
the
funds
of
the
local
health
board
(a)
The
provincial,
city,
and
municipal
development
councils
shall
exercise
the
following
concerned,
subject
to
existing
accounting
and
auditing
rules
and
regulations.
functions:
(1)
Formulate
long-term,
medium-term,
and
annual
socio-economic
development
Section
105.
Direct
National
Supervision
and
Control
by
the
Secretary
of
Health.
-
In
cases
of
epidemics,
plans
and
policies;
pestilence,
and
other
widespread
public
health
dangers,
the
Secretary
of
Health
may,
upon
the
(2)
Formulate
the
medium-term
and
annual
public
investment
programs;
direction
of
the
President
and
in
consultation
with
the
local
government
unit
concerned,
temporarily
(3)
Appraise
and
prioritize
socio-economic
development
programs
and
projects;
assume
direct
supervision
and
control
over
health
operations
in
any
local
government
unit
for
the
(4)
Formulate
local
investment
incentives
to
promote
the
inflow
and
direction
of
duration
of
the
emergency,
but
in
no
case
exceeding
a
cumulative
period
of
six
(6)
months.
With
the
private
investment
capital;
concurrence
of
the
government
unit
concerned,
the
period
for
such
direct
national
control
and
(5)
Coordinate,
monitor,
and
evaluate
the
implementation
of
development
supervision
may
be
further
extended.
programs
and
projects;
and
(6)
Perform
such
other
functions
as
may
be
provided
by
law
or
component
TITLE
VI
authority.
LOCAL
DEVELOPMENT
COUNCILS
Section
106.
Local
Development
Councils.
-
(a)
Each
local
government
unit
shall
have
a
comprehensive
multi-sectoral
development
plan
to
be
initiated
by
its
development
council
and
approved
by
its
(b)
The
barangay
development
council
shall
exercise
the
following
functions:
(1)
Mobilize
people's
participation
in
local
development
efforts;
(2)
Prepare
barangay
development
plans
based
on
local
requirements;
Public Corporations Law
st
Amb. Tolentino 1 Sem 2015-2016
(3)
Monitor
and
evaluate
the
implementation
of
national
or
local
programs
and
projects;
and
(4)
Perform
such
other
functions
as
may
be
provided
by
law
or
competent
authority.
Section
110.
Meetings
and
Quorum.
-
The
local
development
council
shall
meet
at
least
once
every
six
(6)
months
or
as
often
as
may
be
necessary.
Section
111.
Executive
Committee.
-
The
local
development
council
shall
create
an
executive
committee
to
represent
it
and
act
in
its
behalf
when
it
is
not
in
session.
The
composition
of
the
executive
committee
shall
be
as
follows:
(1)
The
executive
committee
of
the
provincial
development
council
shall
be
composed
of
the
governor
as
chairman,
the
representative
of
component
city
and
municipal
mayors
to
be
chosen
from
among
themselves,
the
chairman
of
the
committee
on
appropriations
of
the
sangguniang
panlalawigan,
the
president
of
the
provincial
league
of
barangays,
and
a
representative
of
non-governmental
organizations
that
are
represented
in
the
council,
as
members;
AKD Notes - FINALS
Page 18
(b)
The
approved
development
plans
of
provinces,
highly-urbanized
cities,
and
independent
component
cities
shall
be
submitted
to
the
regional
development
council,
which
shall
be
integrated
into
the
regional
development
plan
for
submission
to
the
National
Economic
and
Development
Authority,
in
accordance
with
existing
laws.
Section
115.
Budget
Information.
-
The
Department
of
Budget
and
Management
shall
furnish
the
various
local
development
councils
information
on
financial
resources
and
budgetary
allocations
applicable
to
their
respective
jurisdictions
to
guide
them
in
their
planning
functions.
TITLE
VII
LOCAL
PEACE
AND
ORDER
COUNCIL
Section
116.
Organization.
-
There
is
hereby
established
in
every
province,
city
and
municipality
a
local
peace
and
order
council,
pursuant
to
Executive
Order
Numbered
Three
hundred
nine
(E.O.
No.
309),
as
amended,
Series
of
1988.
The
local
peace
and
order
councils
shall
have
the
same
composition
and
functions
as
those
prescribed
by
said
executive
order.
TITLE
VIII
AUTONOMOUS
SPECIAL
ECONOMIC
ZONES
(2)
The
executive
committee
of
the
city
or
municipal
development
council
shall
be
composed
of
the
mayor
as
chairman,
the
chairman
of
the
committee
on
appropriations
of
the
sangguniang
panlalawigan,
the
president
of
the
city
or
municipal
league
of
barangays,
and
a
representative
of
non-governmental
organizations
that
are
represented
in
the
council,
as
members;
and
Section
117.
Establishment
of
Autonomous
Special
Economic
Zones.
-
The
establishment
by
law
of
autonomous
special
economic
zones
in
selected
areas
of
the
country
shall
be
subject
to
concurrence
by
the
local
government
units
included
therein.
(3)
The
executive
committee
of
the
barangay
development
council
shall
be
composed
of
the
punong
barangay
as
chairman,
a
representative
of
the
sangguniang
barangay
to
be
chosen
from
among
its
members,
and
a
representative
of
non-governmental
organizations
that
are
represented
in
the
council,
as
members.
CHAPTER
I
Settlement
of
Boundary
Disputes
(b)
The
executive
committee
shall
exercise
the
following
powers
and
functions:
(1)
Ensure
that
the
decision
of
the
council
are
faithfully
carried
out
and
implemented;
(2)
Act
on
matters
requiring
immediate
attention
or
action
by
the
council;
(3)
Formulate
policies,
plans,
and
programs
based
on
the
general
principles
laid
down
by
the
council;
and
(4)
Act
on
other
matters
that
may
be
authorized
by
the
council.
Section
112.
Sectoral
or
Functional
Committees.
-
The
local
development
councils
may
form
sectoral
or
functional
committees
to
assist
them
in
the
performance
of
their
functions.
Section
113.
Secretariat.
-
There
is
hereby
constituted
for
each
local
development
council
a
secretariat
which
shall
be
responsible
for
providing
technical
support,
documentation
of
proceedings,
preparation
of
reports
and
such
other
assistance
as
may
be
required
in
the
discharge
of
its
functions.
The
local
development
council
may
avail
of
the
services
of
any
non-governmental
organization
or
educational
or
research
institution
for
this
purpose.
The
secretariats
of
the
provincial,
city,
and
municipal
development
councils
shall
be
headed
by
their
respective
planning
and
development
coordinators.
The
secretariat
of
the
barangay
development
council
shall
be
headed
by
the
barangay
secretary
who
shall
be
assisted
by
the
city
or
municipal
planning
and
development
coordinator
concerned.
TITLE
IX
OTHER
PROVISIONS
APPLICABLE
TO
LOCAL
GOVERNMENT
UNITS
Section
118.
Jurisdictional
Responsibility
for
Settlement
of
Boundary
Dispute.
-
Boundary
disputes
between
and
among
local
government
units
shall,
as
much
as
possible,
be
settled
amicably.
To
this
end:
(a)
Boundary
disputes
involving
two
(2)
or
more
barangays
in
the
same
city
or
municipality
shall
be
referred
for
settlement
to
the
sangguniang
panlungsod
or
sangguniang
bayan
concerned.
(b)
Boundary
disputes
involving
two
(2)
or
more
municipalities
within
the
same
province
shall
be
referred
for
settlement
to
the
sangguniang
panlalawigan
concerned.
(c)
Boundary
disputes
involving
municipalities
or
component
cities
of
different
provinces
shall
be
jointly
referred
for
settlement
to
the
sanggunians
of
the
province
concerned.
(d)
Boundary
disputes
involving
a
component
city
or
municipality
on
the
one
hand
and
a
highly
urbanized
city
on
the
other,
or
two
(2)
or
more
highly
urbanized
cities,
shall
be
jointly
referred
for
settlement
to
the
respective
sanggunians
of
the
parties.
(e)
In
the
event
the
sanggunian
fails
to
effect
an
amicable
settlement
within
sixty
(60)
days
from
the
date
the
dispute
was
referred
thereto,
it
shall
issue
a
certification
to
that
effect.
Thereafter,
the
dispute
shall
be
formally
tried
by
the
sanggunian
concerned
which
shall
decide
the
issue
within
sixty
(60)
days
from
the
date
of
the
certification
referred
to
above.
Section
119.
Appeal.
-
Within
the
time
and
manner
prescribed
by
the
Rules
of
Court,
any
party
may
elevate
the
decision
of
the
sanggunian
concerned
to
the
proper
Regional
Trial
Court
having
jurisdiction
Section
114.
Relation
of
Local
Development
Councils
to
the
Sanggunian
and
the
Regional
Development
over
the
area
in
dispute.
The
Regional
Trial
Court
shall
decide
the
appeal
within
one
(1)
year
from
the
Council.-
filing
thereof.
Pending
final
resolution
of
the
disputed
area
prior
to
the
dispute
shall
be
maintained
and
(a)
The
policies,
programs,
and
projects
proposed
by
local
development
councils
shall
be
submitted
continued
for
all
legal
purposes.
to
the
sanggunian
concerned
for
appropriate
action.
Public Corporations Law
st
Amb. Tolentino 1 Sem 2015-2016
AKD Notes - FINALS
Page 19
2.
The
proposition
3.
The
reasons
therefor
4.
That
it
is
not
subject
to
any
of
the
limitations
provided
for
in
Art.
150
of
IRR
5.
Signatures
of
petitioners
or
registered
voters
6.
A
formal
designation
of
their
duly
authorized
representatives
Section
120.
Local
Initiative
Defined.
-
Local
initiative
is
the
legal
process
whereby
the
registered
7.
An
abstract
or
summary
proposition
of
not
more
than
100
words
voters
of
a
local
government
unit
may
directly
propose,
enact,
or
amend
any
ordinance.
Procedure
for
Initiative:
Power
to
enact
resolutions
included
in
power
of
initiative
includes
ordinances
as
well
as
o Copies
of
Petition
and
Notice
resolutions.
However,
resolutions
are
not
normally
subjected
to
referendum
for
it
may
destroy
the
Prov
ordinance
furnish
copy
to
provincial
election
supervisor
for
distribution
to
the
election
efficiency
necessary
to
the
successful
administration
of
the
business
affairs
of
a
city.
registrars
of
the
province
Initiative
distinguished
from
referendum
while
initiative
is
entirely
the
work
of
the
electorate,
City
ordinance
furnish
election
registrar
copies
for
distribution
to
barangays
referendum
is
begun
and
consented
by
the
law-making
body.
Initiative
is
a
process
of
law-making
Municipal
ordinance
furnish
provincial
election
registrar
for
distribution
to
barangays
people
themselves
without
the
participation
and
against
the
wishes
of
their
elected
representatives
Barangay
ordinance
furnish
provincial
election
registrar
while
referendum
consists
merely
of
the
electorate
approving
or
rejecting
what
has
been
drawn
up
Likewise
furnish
copies
to
COMELEC
in
Manila
or
enacted
by
the
legislative
body
o Posting
all
election
officers
concerned
shall
cause
posting
conspicuously
in
public
places
in
LGU
Section
121.
Who
May
Exercise.
-
The
power
of
local
initiative
and
referendum
may
be
exercised
by
all
concerned
with
notice
of
dates
of
signing
registered
voters
of
the
provinces,
cities,
municipalities,
and
barangays.
o Schedule
of
Signing
Petition
Upon
receipt
of
notice
and
petition,
election
officer
concerned
shall
schedule
signing
of
the
petition
of
the
LGU.
Section
122.
Procedure
in
Local
Initiative.
-
Period
of
90
days
provinces
and
cities
(a)
Not
less
than
one
thousand
(1,000)
registered
voters
in
case
of
provinces
and
cities,
one
hundred
60
days
for
municipalities
(100)
in
case
of
municipalities,
and
fifty
(50)
in
case
of
barangays,
may
file
a
petition
with
the
30
days
for
barangays
sanggunian
concerned
proposing
the
adoption,
enactment,
repeal,
or
amendment
of
an
ordinance.
o Signature
stations
stations
for
collecting
signatures
may
be
established
as
far
as
practicable
in
public
school
buildings
nearest
residences
of
voters
[1
station
per
10
precinct]
(b)
If
no
favorable
action
thereon
is
taken
by
the
sanggunian
concerned
within
thirty
(30)
days
from
o Procedure
for
Signing
of
Petition
signed
before
the
election
registrar,
or
his
representatives,
in
its
presentation,
the
proponents,
through
their
duly
authorized
and
registered
representatives,
may
the
presence
of
a
representative
of
the
proponent
and
a
representative
of
the
sanggunian
invoke
their
power
of
initiative,
giving
notice
thereof
to
the
sanggunian
concerned.
concerned,
in
a
public
place
in
the
LGU
concerned
o Verification
of
Signatures
election
registrar
or
representatives
shall
verify
genuineness
and
(c)
The
proposition
shall
be
numbered
serially
starting
from
Roman
numeral
I.
The
COMELEC
or
its
authenticity
of
signatures
by
referring
to
book
of
voters,
voters
affidavits
and
voters
ID.
designated
representative
shall
extend
assistance
in
the
formulation
of
the
proposition.
o Certification
of
Number
of
Registered
Voters
Election
Records
and
Statistics
Dept.
of
COMELEC
(d)
Two
(2)
or
more
propositions
may
be
submitted
in
an
initiative.
shall
certify
the
total
number
of
registered
voters
in
the
constituency
to
which
the
initiative
pertains.
(e)
Proponents
shall
have
ninety
(90)
days
in
case
of
provinces
and
cities,
sixty
(60)
days
in
case
of
o Number
of
signatures
required:
municipalities,
and
thirty
(30)
days
in
case
of
barangays,
from
notice
mentioned
in
subsection
(b)
Local
initiative
affecting
an
ordinance
by
sanggunian
of
province
or
city
deemed
validly
hereof
to
collect
the
required
number
of
signatures.
(f)
The
petition
shall
be
signed
before
the
initiated
if
petition
is
signed
at
least
10%
of
registered
voters
in
prov
or
city
where
every
election
registrar.
or
his
designated
representatives,
in
the
presence
of
a
representative
of
the
legislative
district
is
represented
by
at
least
3%
of
registered
voters
therein
proponent,
and
a
representative
of
the
sanggunian
concerned
in
a
public
place
in
the
local
An
initiative
on
municipal
ordinance
at
least
10%
of
registered
voters
in
the
municipality
of
government
unit,
as
the
case
may
be.
Stations
for
collecting
signatures
may
be
established
in
as
which
every
barangay
is
represented
by
at
least
3%
many
places
as
may
be
warranted.
An
initiative
on
barangay
ordinance
is
deemed
valid
if
signed
by
at
least
10%
of
the
registered
(g)
Upon
the
lapse
of
the
period
herein
provided,
the
COMELEC,
through
its
office
in
the
local
voters
of
said
barangay.
government
unit
concerned,
shall
certify
as
to
whether
or
not
the
required
number
of
signatures
has
o Determination
of
Percentage
and
Certification
and
Action
of
COMELEC.
Comelec
thru
office
in
been
obtained.
Failure
to
obtain
the
required
number
defeats
the
proposition.
LGU
concerned,
shall
determine
and
certify
within
15
days
o Call
for
initiative
by
COMELEC
if
required
signatures
obtained,
COMELEC
set
date
for
inititative
(h)
If
the
required
number
of
signatures
is
obtained,
the
COMELEC
shall
then
set
a
date
for
the
during
which
the
proposition
shall
be
submitted
for
approval
within
60
days
[prov
and
cities],
45
initiative
during
which
the
proposition
shall
be
submitted
to
the
registered
voters
in
the
local
days
[mun],
and
30
days
[barangay]
government
unit
concerned
for
their
approval
within
sixty
(60)
days
from
the
date
of
certification
by
the
COMELEC,
as
provided
in
subsection
(g)
hereof,
in
case
of
provinces
and
cities,
forty-five
(45)
days
in
case
of
municipalities,
and
thirty
(30)
days
in
case
of
barangays.
The
initiative
shall
then
be
Section
123.
Effectivity
of
Local
Propositions.
-
If
the
proposition
is
approved
by
a
majority
of
the
votes
held
on
the
date
set,
after
which
the
results
thereof
shall
be
certified
and
proclaimed
by
the
cast,
it
shall
take
effect
fifteen
(15)
days
after
certification
by
the
COMELEC
as
if
affirmative
action
COMELEC.
thereon
had
been
made
by
the
sanggunian
and
local
chief
executive
concerned.
If
it
fails
to
obtain
said
number
of
votes,
the
proposition
is
considered
defeated.
Form
of
petition
the
petition
shall
contain
the
following:
Section
124.
Limitations
on
Local
Initiative.
-
1.
Contents
or
text
of
the
proposed
ordinance
sought
to
be
enacted,
approved
or
rejected,
amended
or
repealed,
as
the
case
may
be
CHAPTER
II
Local
Initiative
and
Referendum
Public Corporations Law
st
Amb. Tolentino 1 Sem 2015-2016
(a)
The
power
of
local
initiative
shall
not
be
exercised
more
than
once
a
year.
(b)
Initiative
shall
extend
only
to
subjects
or
matters
which
are
within
the
legal
powers
of
the
sanggunian
to
enact.
(c)
If
at
any
time
before
the
initiative
is
held,
the
sanggunian
concerned
adopts
in
toto
the
proposition
presented
and
the
local
chief
executive
approves
the
same,
the
initiative
shall
be
cancelled.
However,
those
against
such
action
may,
if
they
so
desire,
apply
for
initiative
in
the
manner
herein
provided.
Section
125.
Limitations
upon
Sanggunians.
-
Any
proposition
or
ordinance
approved
through
the
system
of
initiative
and
referendum
as
herein
provided
shall
not
be
repealed,
modified
or
amended
by
the
sanggunian
concerned
within
six
(6)
months
from
the
date
of
the
approval
thereof,
and
may
be
amended,
modified
or
repealed
by
the
sanggunian
within
three
(3)
years
thereafter
by
a
vote
of
three-
fourths
(3/4)
of
all
its
members:
Provided,
That
in
case
of
barangays,
the
period
shall
be
eighteen
(18)
months
after
the
approval
thereof.
Section
126.
Local
Referendum
Defined.
-
Local
referendum
is
the
legal
process
whereby
the
registered
voters
of
the
local
government
units
may
approve,
amend
or
reject
any
ordinance
enacted
by
the
sanggunian.
The
local
referendum
shall
be
held
under
the
control
and
direction
of
the
COMELEC
within
sixty
(60)
days
in
case
of
provinces
and
cities,
forty-five
(45)
days
in
case
of
municipalities
and
thirty
(30)
days
in
case
of
barangays.
AKD Notes - FINALS
Page 20
Section
138.
Tax
on
Sand,
Gravel
and
Other
Quarry
Resources.
-
The
province
may
levy
and
collect
not
more
than
ten
percent
(10%)
of
fair
market
value
in
the
locality
per
cubic
meter
of
ordinary
stones,
sand,
gravel,
earth,
and
other
quarry
resources,
as
defined
under
the
National
Internal
Revenue
Code,
as
amended,
extracted
from
public
lands
or
from
the
beds
of
seas,
lakes,
rivers,
streams,
creeks,
and
other
public
waters
within
its
territorial
jurisdiction.
The
permit
to
extract
sand,
gravel
and
other
quarry
resources
shall
be
issued
exclusively
by
the
provincial
governor,
pursuant
to
the
ordinance
of
the
sangguniang
panlalawigan.
The
proceeds
of
the
tax
on
sand,
gravel
and
other
quarry
resources
shall
be
distributed
as
follows:
(1)
Province
-
Thirty
percent
(30%);
(2)
Component
City
or
Municipality
where
the
sand,
gravel,
and
other
quarry
resources
are
extracted
-
Thirty
percent
(30%);
and
(3)
Barangay
where
the
sand,
gravel,
and
other
quarry
resources
are
extracted
-
Forty
percent
(40%).
Section
139.
Professional
Tax.
-
(a)
The
province
may
levy
an
annual
professional
tax
on
each
person
engaged
in
the
exercise
or
practice
of
his
profession
requiring
government
examination
at
such
amount
and
reasonable
classification
as
the
sangguniang
panlalawigan
may
determine
but
shall
in
no
case
exceed
Three
hundred
pesos
(P300.00).
Section
127.
Authority
of
Courts.
-
Nothing
in
this
Chapter
shall
prevent
or
preclude
the
proper
courts
from
declaring
null
and
void
any
proposition
approved
pursuant
to
this
Chapter
for
violation
of
the
Constitution
or
want
of
capacity
of
the
sanggunian
concerned
to
enact
the
said
measure.
(b)
Every
person
legally
authorized
to
practice
his
profession
shall
pay
the
professional
tax
to
the
province
where
he
practices
his
profession
or
where
he
maintains
his
principal
office
in
case
he
practices
his
profession
in
several
places:
Provided,
however,
That
such
person
who
has
paid
the
corresponding
professional
tax
shall
be
entitled
to
practice
his
profession
in
any
part
of
the
Philippines
without
being
subjected
to
any
other
national
or
local
tax,
license,
or
fee
for
the
practice
of
such
profession.
CHAPTER
II
Specific
Provisions
on
the
Taxing
and
Other
Revenue-Raising
Powers
of
Local
Government
Units
(c)
Any
individual
or
corporation
employing
a
person
subject
to
professional
tax
shall
require
payment
by
that
person
of
the
tax
on
his
profession
before
employment
and
annually
thereafter.
The COMELEC shall certify and proclaim the results of the said referendum.
ARTICLE
I
Provinces
Section
134.
Scope
of
Taxing
Powers.
-
Except
as
otherwise
provided
in
this
Code,
the
province
may
levy
only
the
taxes,
fees,
and
charges
as
provided
in
this
Article.
Section
135.
Tax
on
Transfer
of
Real
Property
Ownership.
(a)
The
province
may
impose
a
tax
on
the
sale
,
donation,
barter,
or
on
any
other
mode
of
transferring
ownership
or
title
of
real
property
at
the
rate
of
not
more
than
fifty
percent
(50%)
of
the
one
percent
(1%)
of
the
total
consideration
involved
in
the
acquisition
of
the
property
or
of
the
fair
market
value
in
case
the
monetary
consideration
involved
in
the
transfer
is
not
substantial,
whichever
is
higher.
The
sale,
transfer
or
other
disposition
of
real
property
pursuant
to
R.A.
No.
6657
shall
be
exempt
from
this
tax.
(b)
For
this
purpose,
the
Register
of
Deeds
of
the
province
concerned
shall,
before
registering
any
deed,
require
the
presentation
of
the
evidence
of
payment
of
this
tax.
The
provincial
assessor
shall
likewise
make
the
same
requirement
before
cancelling
an
old
tax
declaration
and
issuing
a
new
one
in
place
thereof,
Notaries
public
shall
furnish
the
provincial
treasurer
with
a
copy
of
any
deed
transferring
ownership
or
title
to
any
real
property
within
thirty
(30)
days
from
the
date
of
notarization.
It
shall
be
the
duty
of
the
seller,
donor,
transferor,
executor
or
administrator
to
pay
the
tax
herein
imposed
within
sixty
(60)
days
from
the
date
of
the
execution
of
the
deed
or
from
the
date
of
the
decedent's
death.
(d)
The
professional
tax
shall
be
payable
annually,
on
or
before
the
thirty-first
(31st)
day
of
January.
Any
person
first
beginning
to
practice
a
profession
after
the
month
of
January
must,
however,
pay
the
full
tax
before
engaging
therein.
A
line
of
profession
does
not
become
exempt
even
if
conducted
with
some
other
profession
for
which
the
tax
has
been
paid.
Professionals
exclusively
employed
in
the
government
shall
be
exempt
from
the
payment
of
this
tax.
(e)
Any
person
subject
to
the
professional
tax
shall
write
in
deeds,
receipts,
prescriptions,
reports,
books
of
account,
plans
and
designs,
surveys
and
maps,
as
the
case
may
be,
the
number
of
the
official
receipt
issued
to
him.
Section
140.
Amusement
Tax.
-
(a)
The
province
may
levy
an
amusement
tax
to
be
collected
from
the
proprietors,
lessees,
or
operators
of
theaters,
cinemas,
concert
halls,
circuses,
boxing
stadia,
and
other
places
of
amusement
at
a
rate
of
not
more
than
thirty
percent
(30%)
of
the
gross
receipts
from
admission
fees.
(b)
In
the
case
of
theaters
or
cinemas,
the
tax
shall
first
be
deducted
and
withheld
by
their
proprietors,
lessees,
or
operators
and
paid
to
the
provincial
treasurer
before
the
gross
receipts
are
divided
between
said
proprietors,
lessees,
or
operators
and
the
distributors
of
the
cinematographic
films.
(c)
The
holding
of
operas,
concerts,
dramas,
recitals,
painting
and
art
exhibitions,
flower
shows,
musical
programs,
literary
and
oratorical
presentations,
except
pop,
rock,
or
similar
concerts
shall
be
exempt
from
the
payment
of
the
tax
hereon
imposed.
Public Corporations Law
st
Amb. Tolentino 1 Sem 2015-2016
(d)
The
sangguniang
panlalawigan
may
prescribe
the
time,
manner,
terms
and
conditions
for
the
payment
of
tax.
In
case
of
fraud
or
failure
to
pay
the
tax,
the
sangguniang
panlalawigan
may
impose
such
surcharges,
interest
and
penalties
as
it
may
deem
appropriate.
(e)
The
proceeds
from
the
amusement
tax
shall
be
shared
equally
by
the
province
and
the
municipality
where
such
amusement
places
are
located.
Section
141.
Annual
Fixed
Tax
For
Every
Delivery
Truck
or
Van
of
Manufacturers
or
Producers,
Wholesalers
of,
Dealers,
or
Retailers
in,
Certain
Products.
-
(a)
The
province
may
levy
an
annual
fixed
tax
for
every
truck,
van
or
any
vehicle
used
by
manufacturers,
producers,
wholesalers,
dealers
or
retailers
in
the
delivery
or
distribution
of
distilled
spirits,
fermented
liquors,
soft
drinks,
cigars
and
cigarettes,
and
other
products
as
may
be
determined
by
the
sangguniang
panlalawigan,
to
sales
outlets,
or
consumers,
whether
directly
or
indirectly,
within
the
province
in
an
amount
not
exceeding
Five
hundred
pesos
(P500.00).
(b)
The
manufacturers,
producers,
wholesalers,
dealers
and
retailers
referred
to
in
the
immediately
foregoing
paragraph
shall
be
exempt
from
the
tax
on
peddlers
prescribed
elsewhere
in
this
Code.
Section
144.
Rates
of
Tax
within
the
Metropolitan
Manila
Area.
-
The
municipalities
within
the
Metropolitan
Manila
Area
may
levy
taxes
at
rates
which
shall
not
exceed
by
fifty
percent
(50%)
the
maximum
rates
prescribed
in
the
preceding
Section.
ARTICLE
III
Cities
Section
151.
Scope
of
Taxing
Powers.
-
Except
as
otherwise
provided
in
this
Code,
the
city,
may
levy
the
taxes,
fees,
and
charges
which
the
province
or
municipality
may
impose:
Provided,
however,
That
the
taxes,
fees
and
charges
levied
and
collected
by
highly
urbanized
and
independent
component
cities
shall
accrue
to
them
and
distributed
in
accordance
with
the
provisions
of
this
Code.
The
rates
of
taxes
that
the
city
may
levy
may
exceed
the
maximum
rates
allowed
for
the
province
or
municipality
by
not
more
than
fifty
percent
(50%)
except
the
rates
of
professional
and
amusement
taxes.
ARTICLE
IV
Barangays
Section
152.
Scope
of
Taxing
Powers.
-
The
barangays
may
levy
taxes,
fees,
and
charges,
as
provided
in
this
Article,
which
shall
exclusively
accrue
to
them:
(a)
Taxes
-
On
stores
or
retailers
with
fixed
business
establishments
with
gross
sales
of
receipts
of
the
preceding
calendar
year
of
Fifty
thousand
pesos
(P50,000.00)
or
less,
in
the
case
of
cities
and
Thirty
thousand
pesos
(P30,000.00)
or
less,
in
the
case
of
municipalities,
at
a
rate
not
exceeding
one
percent
(1%)
on
such
gross
sales
or
receipts.
(b)
Service
Fees
or
Charges.
-
Barangays
may
collect
reasonable
fees
or
charges
for
services
rendered
in
connection
with
the
regulations
or
the
use
of
barangay-owned
properties
or
service
facilities
such
as
palay,
copra,
or
tobacco
dryers.
(c)
Barangay
Clearance.
-
No
city
or
municipality
may
issue
any
license
or
permit
for
any
business
or
activity
unless
a
clearance
is
first
obtained
from
the
barangay
where
such
business
or
activity
is
located
or
conducted.
For
such
clearance,
the
sangguniang
barangay
may
impose
a
reasonable
fee.
The
application
for
clearance
shall
be
acted
upon
within
seven
(7)
working
days
from
the
filing
thereof.
In
the
event
that
the
clearance
is
not
issued
within
the
said
period,
the
city
or
municipality
may
issue
the
said
license
or
permit.
(d)
Other
fees
and
Charges.
-
The
barangay
may
levy
reasonable
fees
and
charges:
(1)
On
commercial
breeding
of
fighting
cocks,
cockfights
and
cockpits;
AKD Notes - FINALS
Page 21
(2) On places of recreation which charge admission fees; and
(3) On billboards, signboards, neon signs, and outdoor advertisements.
ARTICLE VI
Community Tax
Section 156. Community Tax. - Cities or municipalities may levy a community tax in accordance with
the provisions of this Article.
Section 157. Individuals Liable to Community Tax. - Every inhabitant of the Philippines eighteen (18)
years of age or over who has been regularly employed on a wage or salary basis for at least thirty (30)
consecutive working days during any calendar year, or who is engaged in business or occupation, or
who owns real property with an aggregate assessed value of One thousand pesos (P1,000.00) or more,
or who is required by law to file an income tax return shall pay an annual additional tax of Five pesos
(P5.00) and an annual additional tax of One peso (P1.00) for every One thousand pesos (P1,000.00) of
income regardless of whether from business, exercise of profession or from property which in no case
shall exceed Five thousand pesos (P5,000.00).
In the case of husband and wife, the additional tax herein imposed shall be based upon the total
property owned by them and the total gross receipts or earnings derived by them.
CHAPTER VII
Katarungang Pambarangay
Section 399. Lupong Tagapamayapa. -
(a) There is hereby created in each barangay a lupong tagapamayapa, hereinafter referred to as the
lupon, composed of the punong barangay, as chairman and ten (10) to twenty (20) members. The
lupon shall be constituted every three (3) years in the manner provided herein.
(b) Any person actually residing or working, in the barangay, not otherwise expressly disqualified by
law, and possessing integrity, impartiality, independence of mind, sense of fairness, and reputation
for probity, may be appointed a member of the lupon.
(c) A notice to constitute the lupon, which shall include the names of proposed members who have
expressed their willingness to serve, shall be prepared by the punong barangay within the first
fifteen (15) days from the start of his term of office. Such notice shall be posted in three (3)
conspicuous places in the barangay continuously for a period of not less than three (3) weeks;
(d) The punong barangay, taking into consideration any opposition to the proposed appointment or
any recommendations for appointment as may have been made within the period of posting, shall
within ten (10) days thereafter, appoint as members those whom he determines to be suitable
therefor. Appointments shall be in writing, signed by the punong barangay, and attested to by the
barangay secretary.
(e) The list of appointed members shall be posted in three (3) conspicuous places in the barangay for
the entire duration of their term of office; and
(f) In barangays where majority of the inhabitants are members of indigenous cultural communities,
local systems of settling disputes through their councils of datus or elders shall be recognized
without prejudice to the applicable provisions of this Code.
Section 400. Oath and Term of Office. - Upon appointment, each lupon member shall take an oath of
office before the punong barangay. He shall hold office until a new lupon is constituted on the third
year following his appointment unless sooner terminated by resignation, transfer of residence or place
of work, or withdrawal of appointment by the punong barangay with the concurrence of the majority of
all the members of the lupon.
Public Corporations Law
st
Amb. Tolentino 1 Sem 2015-2016
AKD Notes - FINALS
Page 22
Section
401.
Vacancies.
-
Should
a
vacancy
occur
in
the
lupon
for
any
cause,
the
punong
barangay
shall
Section
408.
Subject
Matter
for
Amicable
Settlement;
Exception
Thereto.
-
The
lupon
of
each
barangay
immediately
appoint
a
qualified
person
who
shall
hold
office
only
for
the
unexpired
portion
of
the
term.
shall
have
authority
to
bring
together
the
parties
actually
residing
in
the
same
city
or
municipality
for
amicable
settlement
of
all
disputes
except:
Section
402.
Functions
of
the
Lupon.
-
The
lupon
shall:
(a)
Where
one
party
is
the
government,
or
any
subdivision
or
instrumentality
thereof;
(a)
Exercise
administrative
supervision
over
the
conciliation
panels
provided
herein;
(b)
Where
one
party
is
a
public
officer
or
employee,
and
the
dispute
relates
to
the
performance
of
his
(b)
Meet
regularly
once
a
month
to
provide
a
forum
for
exchange
of
ideas
among
its
members
and
official
functions;
the
public
on
matters
relevant
to
the
amicable
settlement
of
disputes,
and
to
enable
various
conciliation
panel
members
to
share
with
one
another
their
observations
and
experiences
in
(c)
Offenses
punishable
by
imprisonment
exceeding
one
(1)
year
or
a
fine
exceeding
Five
thousand
effecting
speedy
resolution
of
disputes;
and
pesos
(P5,000.00);
(c)
Exercise
such
other
powers
and
perform
such
other
duties
and
functions
as
may
be
prescribed
by
law
or
ordinance.
Section
403.
Secretary
of
the
Lupon.
-
The
barangay
secretary
shall
concurrently
serve
as
the
secretary
of
the
lupon.
He
shall
record
the
results
of
mediation
proceedings
before
the
punong
barangay
and
shall
submit
a
report
thereon
to
the
proper
city
or
municipal
courts.
He
shall
also
receive
and
keep
the
records
of
proceedings
submitted
to
him
by
the
various
conciliation
panels.
Section
404.
Pangkat
ng
Tagapagkasundo.
-
(a)
There
shall
be
constituted
for
each
dispute
brought
before
the
lupon
a
conciliation
panel
to
be
known
as
the
pangkat
ng
tagapagkasundo,
hereinafter
referred
to
as
the
pangkat,
consisting
of
three
(3)
members
who
shall
be
chosen
by
the
parties
to
the
dispute
from
the
list
of
members
of
the
lupon.
Should
the
parties
fail
to
agree
on
the
pangkat
membership,
the
same
shall
be
determined
by
lots
drawn
by
the
lupon
chairman.
(b)
The
three
(3)
members
constituting
the
pangkat
shall
elect
from
among
themselves
the
chairman
and
the
secretary.
The
secretary
shall
prepare
the
minutes
of
the
pangkat
proceedings
and
submit
a
copy
duly
attested
to
by
the
chairman
to
the
lupon
secretary
and
to
the
proper
city
or
municipal
court.
He
shall
issue
and
cause
to
be
served
notices
to
the
parties
concerned.
The
lupon
secretary
shall
issue
certified
true
copies
of
any
public
record
in
his
custody
that
is
not
by
law
otherwise
declared
confidential.
Section
405.
Vacancies
in
the
Pangkat.
-
Any
vacancy
in
the
pangkat
shall
be
chosen
by
the
parties
to
the
dispute
from
among
the
other
lupon
members.
Should
the
parties
fail
to
agree
on
a
common
choice,
the
vacancy
shall
be
filled
by
lot
to
be
drawn
by
the
lupon
chairman.
Section
406.
Character
of
Office
and
Service
of
Lupon
Members.
-
(a)
The
lupon
members,
while
in
the
performance
of
their
official
duties
or
on
the
occasion
thereof,
shall
be
deemed
as
persons
in
authority,
as
defined
in
the
Revised
Penal
Code.
(b)
The
lupon
or
pangkat
members
shall
serve
without
compensation,
except
as
provided
for
in
Section
393
and
without
prejudice
to
incentives
as
provided
for
in
this
Section
and
in
Book
IV
of
this
Code.
The
Department
of
the
Interior
and
Local
Government
shall
provide
for
a
system
of
granting
economic
or
other
incentives
to
the
lupon
or
pangkat
members
who
adequately
demonstrate
the
ability
to
judiciously
and
expeditiously
resolve
cases
referred
to
them.
While
in
the
performance
of
their
duties,
the
lupon
or
pangkat
members,
whether
in
public
or
private
employment,
shall
be
deemed
to
be
on
official
time,
and
shall
not
suffer
from
any
diminution
in
compensation
or
allowance
from
said
employment
by
reason
thereof.
Section
407.
Legal
Advice
on
Matters
Involving
Questions
of
Law.
-
The
provincial,
city
legal
officer
or
prosecutor
or
the
municipal
legal
officer
shall
render
legal
advice
on
matters
involving
questions
of
law
to
the
punong
barangay
or
any
lupon
or
pangkat
member
whenever
necessary
in
the
exercise
of
his
functions
in
the
administration
of
the
katarungang
pambarangay.
(d) Offenses where there is no private offended party;
(e) Where the dispute involves real properties located in different cities or municipalities unless the
parties thereto agree to submit their differences to amicable settlement by an appropriate lupon;
(f) Disputes involving parties who actually reside in barangays of different cities or municipalities,
except where such barangay units adjoin each other and the parties thereto agree to submit their
differences to amicable settlement by an appropriate lupon;
(g) Such other classes of disputes which the President may determine in the interest of Justice or
upon the recommendation of the Secretary of Justice.
The court in which non-criminal cases not falling within the authority of the lupon under this Code
are filed may, at any time before trial motu propio refer the case to the lupon concerned for amicable
settlement.
Section 409. Venue. -
(a) Disputes between persons actually residing in the same barangay shall be brought for amicable
settlement before the lupon of said barangay.
(b) Those involving actual residents of different barangays within the same city or municipality shall
be brought in the barangay where the respondent or any of the respondents actually resides, at the
election of the complaint.
(c) All disputes involving real property or any interest therein shall be brought in the barangay
where the real property or the larger portion thereof is situated.
(d) Those arising at the workplace where the contending parties are employed or at the institution
where such parties are enrolled for study, shall be brought in the barangay where such workplace or
institution is located.
Objections to venue shall be raised in the mediation proceedings before the punong barangay;
otherwise, the same shall be deemed waived. Any legal question which may confront the punong
barangay in resolving objections to venue herein referred to may be submitted to the Secretary of
Justice, or his duly designated representative, whose ruling thereon shall be binding.
Section 410. Procedure for Amicable Settlement. -
(a) Who may initiate proceeding - Upon payment of the appropriate filing fee, any individual who
has a cause of action against another individual involving any matter within the authority of the
lupon may complain, orally or in writing, to the lupon chairman of the barangay.
(b) Mediation by lupon chairman - Upon receipt of the complaint, the lupon chairman shall within
the next working day summon the respondent(s), with notice to the complainant(s) for them and
their witnesses to appear before him for a mediation of their conflicting interests. If he fails in his
mediation effort within fifteen (15) days from the first meeting of the parties before him, he shall
Public Corporations Law
st
Amb. Tolentino 1 Sem 2015-2016
forthwith
set
a
date
for
the
constitution
of
the
pangkat
in
accordance
with
the
provisions
of
this
Chapter.
AKD Notes - FINALS
Page 23
repudiated
within
five
(5)
days
from
the
date
thereof
for
the
same
grounds
and
in
accordance
with
the
procedure
hereinafter
prescribed.
The
arbitration
award
shall
be
made
after
the
lapse
of
the
period
for
repudiation
and
within
ten
(10)
days
thereafter.
(c)
Suspension
of
prescriptive
period
of
offenses
-
While
the
dispute
is
under
mediation,
conciliation,
or
arbitration,
the
prescriptive
periods
for
offenses
and
cause
of
action
under
existing
laws
shall
be
(b)
The
arbitration
award
shall
be
in
writing
in
a
language
or
dialect
known
to
the
parties.
When
the
interrupted
upon
filing
the
complaint
with
the
punong
barangay.
The
prescriptive
periods
shall
parties
to
the
dispute
do
not
use
the
same
language
or
dialect,
the
award
shall
be
written
in
the
resume
upon
receipt
by
the
complainant
of
the
complainant
or
the
certificate
of
repudiation
or
of
the
language
or
dialect
known
to
them.
certification
to
file
action
issued
by
the
lupon
or
pangkat
secretary:
Provided,
however,
That
such
Section
414.
Proceedings
Open
to
the
Public;
Exception.
-
All
proceedings
for
settlement
shall
be
public
interruption
shall
not
exceed
sixty
(60)
days
from
the
filing
of
the
complaint
with
the
punong
and
informal:
Provided,
however,
That
the
lupon
chairman
or
the
pangkat
chairman,
as
the
case
may
barangay.
be,
may
motu
proprio
or
upon
request
of
a
party,
exclude
the
public
from
the
proceedings
in
the
(d)
Issuance
of
summons;
hearing;
grounds
for
disqualification
-
The
pangkat
shall
convene
not
later
interest
of
privacy,
decency,
or
public
morals.
than
three
(3)
days
from
its
constitution,
on
the
day
and
hour
set
by
the
lupon
chairman,
to
hear
Section
415.
Appearance
of
Parties
in
Person.
-
In
all
katarungang
pambarangay
proceedings,
the
both
parties
and
their
witnesses,
simplify
issues,
and
explore
all
possibilities
for
amicable
settlement.
For
this
purpose,
the
pangkat
may
issue
summons
for
the
personal
appearance
of
parties
parties
must
appear
in
person
without
the
assistance
of
counsel
or
representative,
except
for
minors
and
witnesses
before
it.
In
the
event
that
a
party
moves
to
disqualify
any
member
of
the
pangkat
by
and
incompetents
who
may
be
assisted
by
their
next-of-kin
who
are
not
lawyers.
reason
of
relationship,
bias,
interest,
or
any
other
similar
grounds
discovered
after
the
constitution
of
the
pangkat,
the
matter
shall
be
resolved
by
the
affirmative
vote
of
the
majority
of
the
pangkat
whose
decision
shall
be
final.
Should
disqualification
be
decided
upon,
the
resulting
vacancy
shall
be
filled
as
herein
provided
for.
Section
416.
Effect
of
Amicable
Settlement
and
Arbitration
Award.
-
The
amicable
settlement
and
arbitration
award
shall
have
the
force
and
effect
of
a
final
judgment
of
a
court
upon
the
expiration
of
ten
(10)
days
from
the
date
thereof,
unless
repudiation
of
the
settlement
has
been
made
or
a
petition
to
nullify
the
award
has
been
filed
before
the
proper
city
or
municipal
court.
(e)
Period
to
arrive
at
a
settlement
-
The
pangkat
shall
arrive
at
a
settlement
or
resolution
of
the
However,
this
provision
shall
not
apply
to
court
cases
settled
by
the
lupon
under
the
last
paragraph
of
dispute
within
fifteen
(15)
days
from
the
day
it
convenes
in
accordance
with
this
section.
This
period
Section
408
of
this
Code,
in
which
case
the
compromise
or
the
pangkat
chairman
shall
be
submitted
to
shall,
at
the
discretion
of
the
pangkat,
be
extendible
for
another
period
which
shall
not
exceed
fifteen
the
court
and
upon
approval
thereof,
have
the
force
and
effect
of
a
judgment
of
said
court.
(15)
days,
except
in
clearly
meritorious
cases.
Section
417.
Execution.
-
The
amicable
settlement
or
arbitration
award
may
be
enforced
by
execution
Section
411.
Form
of
settlement.
-
All
amicable
settlements
shall
be
in
writing,
in
a
language
or
dialect
by
the
lupon
within
six
(6)
months
from
the
date
of
the
settlement.
After
the
lapse
of
such
time,
the
known
to
the
parties,
signed
by
them,
and
attested
to
by
the
lupon
chairman
or
the
pangkat
chairman,
settlement
may
be
enforced
by
action
in
the
appropriate
city
or
municipal
court.
as
the
case
may
be.
When
the
parties
to
the
dispute
do
not
use
the
same
language
or
dialect,
the
Section
418.
Repudiation.
-
Any
party
to
the
dispute
may,
within
ten
(10)
days
from
the
date
of
the
settlement
shall
be
written
in
the
language
known
to
them.
settlement,
repudiate
the
same
by
filing
with
the
lupon
chairman
a
statement
to
that
effect
sworn
to
Section
412.
Conciliation.
-
before
him,
where
the
consent
is
vitiated
by
fraud,
violence,
or
intimidation.
Such
repudiation
shall
be
sufficient
basis
for
the
issuance
of
the
certification
for
filing
a
complaint
as
hereinabove
provided.
(a)
Pre-condition
to
Filing
of
Complaint
in
Court.
-
No
complaint,
petition,
action,
or
proceeding
involving
any
matter
within
the
authority
of
the
lupon
shall
be
filed
or
instituted
directly
in
court
or
any
other
government
office
for
adjudication,
unless
there
has
been
a
confrontation
between
the
parties
before
the
lupon
chairman
or
the
pangkat,
and
that
no
conciliation
or
settlement
has
been
reached
as
certified
by
the
lupon
secretary
or
pangkat
secretary
as
attested
to
by
the
lupon
or
pangkat
chairman
or
unless
the
settlement
has
been
repudiated
by
the
parties
thereto.
Section
419.
Transmittal
of
Settlement
and
Arbitration.
-
Award
to
the
Court.
-
The
secretary
of
the
lupon
shall
transmit
the
settlement
or
the
arbitration
award
to
the
appropriate
city
or
municipal
court
within
five
(5)
days
from
the
date
of
the
award
or
from
the
lapse
of
the
ten-day
period
repudiating
the
settlement
and
shall
furnish
copies
thereof
to
each
of
the
parties
to
the
settlement
and
the
lupon
chairman.
(b)
Where
Parties
May
Go
Directly
to
Court.
-
The
parties
may
go
directly
to
court
in
the
following
instances:
(1)
Where
the
accused
is
under
detention;
(2)
Where
a
person
has
otherwise
been
deprived
of
personal
liberty
calling
for
habeas
corpus
proceedings;
(3)
Where
actions
are
coupled
with
provisional
remedies
such
as
preliminary
injunction,
attachment,
delivery
of
personal
property
and
support
pendente
lite;
and
(4)
Where
the
action
may
otherwise
be
barred
by
the
statute
of
limitations.
Section
420.
Power
to
Administer
Oaths.
-
The
punong
barangay,
as
chairman
of
the
lupong
tagapamayapa,
and
the
members
of
the
pangkat
are
hereby
authorized
to
administer
oaths
in
connection
with
any
matter
relating
to
all
proceedings
in
the
implementation
of
the
katarungang
pambarangay.
Section
421.
Administration;
Rules
and
Regulations.
-
The
city
or
municipal
mayor,
as
the
case
may
be,
shall
see
to
the
efficient
and
effective
implementation
and
administration
of
the
katarungang
pambarangay.
The
Secretary
of
Justice
shall
promulgate
the
rules
and
regulations
necessary
to
implement
this
Chapter.
(c)
Conciliation
among
members
of
indigenous
cultural
communities.
-
The
customs
and
traditions
of
Section
422.
Appropriations.
-
Such
amount
as
may
be
necessary
for
the
effective
implementation
of
indigenous
cultural
communities
shall
be
applied
in
settling
disputes
between
members
of
the
the
katarungang
pambarangay
shall
be
provided
for
in
the
annual
budget
of
the
city
or
municipality
cultural
communities.
concerned.
Section
413.
Arbitration.
-
(a)
The
parties
may,
at
any
stage
of
the
proceedings,
agree
in
writing
that
they
shall
abide
by
the
arbitration
award
of
the
lupon
chairman
or
the
pangkat.
Such
agreement
to
arbitrate
may
be
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