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Title Two. - ELECTIVE OFFICIALS 3.

The City or Municipal Mayor - in the case of


Chapter 2. - Vacancies and Succession sangguniang barangay​, upon recommendation of
the sangguniang barangay concerned

SECTION 44. Permanent Vacancies in the Offices of the


SECTION 46. Temporary Vacancy in the Office of the
Governor, Vice-Governor, Mayor, and Vice-Mayor
Local Chief Executive

“Vacancy” ​- when there is no person lawfully authorized


Vice-Governor, City or Municipal Vice-Mayor, ​or the
at present to assume and exercise the duties of the office
highest ranking sangguniang barangay member shall
automatically succeed
Grounds for Permanent Vacancy​​: HAF-RRID
- Arises when an elective official:
Grounds of Temporary Vacancy​​:
1. fills a ​higher vacant office
1. Leave of absence
2. refuses to ​assume office
2. Travel abroad
3. fails ​to qualify
3. Suspension from office
4. removed ​from office
5. voluntarily ​resigns
Powers that the successor cannot perform​​:
6. permanently ​incapacitated ​to discharge
1. Power to ​appoint
the functions of his office
2. Power to ​suspend
7. dies
3. Power to ​dismiss
*such powers can only be exercised if the period of
Who fills in in case of permanent vacancy in the
temporary incapacity ​exceeds thirty (30) working days​.
following offices​​:
1. Governor or mayor - vice-governor or
When the incumbent local chief executive ​is traveling
vice-mayor
within the country but outside his territorial
2. Governor, vice-governor, mayor or vice-mayor
jurisdiction for a period not exceeding three (3)
- the highest ranking sanggunian member or, ​in
consecutive days - an ​officer-in-charge may be designated
case of his permanent inability​​, second highest
by him in writing, consisting of the specific powers and
ranking sanggunian member
functions of such officer
3. Subsequent vacancies - other sanggunian
members according to their ranking
When the local chief executive fails or refuses to issue
4. Punong Barangay - highest ranking sanggunian
such authorization - the vice-governor, the city or
barangay member or, ​in case of his permanent
municipal vice-mayor, or the highest ranking sangguniang
inability​​, the second highest ranking sanggunian
barangay member shall have the right to assume the
member
powers, duties, and functions of the said office ​on the
fourth (4th) day of absence​.
*in case of tie between and among the highest ranking
sanggunian members - ​drawing of lots
*successors shall serve ​only the unexpired terms of their SECTION 47. Approval of Leaves of Absence
predecessors
Leaves of absence of local elective officials shall be
Substitution of candidate approved by the following:
Only an official of a registered or accredited political party 1. By the President or his duty authorized
can be substituted. representative - for ​governor and the ​mayor of a
highly urbanized city or an ​independent
SECTION 45. Permanent Vacancies in the Sanggunian component city
2. By the Local Chief Executive concerned - for
vice-governor​ or a ​city or municipal vice-mayor
Where automatic succession provided do not apply,
3. By the Vice-Governor or City or Municipal
permanent vacancies in the sanggunian shall be filled by
Vice-Mayor concerned - for ​members of the
appointment of the following authorities:
sanggunian​ and its ​employees
1. The President, through the Executive
4. By the Governor - for ​component city or
Secretary - in the case of ​sangguniang
municipal mayor
panlalawigan and the ​sangguniang panlungsod of
5. By the City or Municipal Mayor - for ​punong
highly urbanized cities and ​independent
barangay
component cities
6. By the Punong Barangay - for ​sangguniang
2. The Governor - in the case of the ​sangguniang
barangay members
panlungsod of ​component cities and the
*​When the application for LOA not acted upon within
sangguniang bayan
five (5) working days after receipt​​ - deemed approved
Chapter 3. - Local Legislation 4. Any relation by affinity or consanguinity within
the fourth civil degree which may result in conflict
of interest
SECTION 48. Local Legislative Power
“Conflict of interest” - one where it may be reasonably
Requisites for the validity of an ordinance​​: CUP-PUG deduced that a member of a sanggunian may not act in the
1. Must not ​contravene the Constitution or any public interest due to some private, pecuniary, or other
statute; personal considerations that may tend to affect his
2. Must not be ​unfair​​ or oppressive; judgment to the prejudice of the service or the public.
3. Must not be ​partial​​ or discriminatory;
4. Must not ​prohibit​​ but may regulate trade; Disclosure shall be made in the following manner:
5. Must not be ​unreasonable 1. Before ​the member participates in the
6. Must be ​general and consistent with public policy deliberations ​on the ordinance or resolution
(Tatel v. Virac) under consideration
If he did not participate during the deliberations:
SECTION 49. Presiding Officer before voting ​on the ordinance or resolution on
second and third readings
2. When a member ​takes a position or makes a
The following are the Presiding Officers for their
privilege speech ​on a matter that may affect the
respective Sanggunians:
business interest, financial connection, or
1. Vice-Governor​​ - sangguniang panlalawigan
professional relationship described therein
2. City Vice-Mayor​​ - sangguniang panlungsod
3. Municipal Vice-Mayor​​ - sangguniang bayan
4. Punong Barangay​​ - sangguniang barangay SECTION 53. Quorum
*the Presiding Officer shall vote ​only​​ to break a tie
“Quorum” ​- that number of members of a body which,
Effect of Vice-Mayor, etc. status as presiding officer when legally assembled in their proper places, will enable
He may not only vote on all questions as a ​constituent the body to transact its proper business or that number
member​, but where the charter gives him a casting vote in which makes a lawful body and gives it power to pass
event of a tie upon a law or ordinance or do any valid act

SECTION 50. Internal Rules of Procedure Base of quorum


Majority - number greater than half or more than half of
any total ​(50% + 1)
Committees - constituted to assist the council in the
performance of its duties
SECTION 54. Approval of Ordinances
Special Committees - created to investigate, take
evidence and report concerning pending and contemplated Rule of Presentment shall apply
legislation in the public interest, and for other purposes The ordinance enacted shall be presented to the provincial
relating to the functions of the body governor or city or municipal mayor

Mandatory Committees​​: A-CHEWY If the local chief executive concerned approves the same:
1. Appropriations he shall affix his signature on each and every page thereof
2. Cooperatives If not: he shall veto it and return the same with his
3. Human rights objections to the sanggunian
4. Environmental protection
5. Women and family However, sanggunian concerned may override the veto of
6. Youth and sports development the local chief executive: by two-thirds (⅔) vote of all its
members, thereby making the ordinance or resolution
SECTION 51. Full Disclosure of Financial and Business effective for all legal intents and purposes
Interests of Sanggunian Members
Ordinance v. Resolution
What must be disclosed​​: FB-PR Ordinance Resolution
1. Financial interests
2. Business interests Law enacted by the local Merely a declaration of the
3. Professional relationship which may result in legislative body sentiment or opinion of a
conflict of interest lawmaking body on a
specific matter
“Moral turpitude” - act of baseness, vileness, or depravity
Possesses a general and Temporary in nature
in the private duties which a man owes his fellow men, or
permanent character
to society in general, contrary to the accepted and
customary rule of right and duty between man and woman
A third reading is Not necessary unless
or conduct contrary to justice, honesty, modesty, or good
necessary for its decided otherwise by a
morals
enactment majority of all the
Sanggunian members
SECTION 61. Form and Filing of Administrative
Complaints
SECTION 55. Veto Power of the Local Chief Executive
A verified complaint shall be filed to the following
Reasons for veto​​: UP offices:
1. Ultra vires 1. To the Office of the President - in case of official
2. Prejudicial to the public welfare of a ​province​, ​highly urbanized city​, ​independent
component city​ or ​component city
“Ultra vires” - act performed without any authority to act 2. To the Sangguniang Panlalawigan - in case of
on the subject official of a ​municipality (appealable to the Office
of the President)
SECTION 59. Effectivity of Ordinances or Resolutions 3. To the Sangguniang Panlungsod or
Sangguniang Bayan - in case of ​barangay official
(decision shall be final and executory)
When shall it take effect
After ten (10) days from the date a copy thereof is ​posted
Quantum of proof required
in a bulletin board at the ​entrance ​of the provincial
- Only substantial evidence
capitol or city, municipal, or barangay hall and at least
two (2) other conspicuous places in the local
“Substantial evidence” ​- that amount of relevant evidence
government unit concerned
which a reasonable mind might accept as adequate to
support a conclusion
In case of ordinances with penal sanctions
Must be ​published in a newspaper of general circulation
Verification requirement
within the province OR ​posting ​of such ordinances ​in all
- Formal, not a jurisdictional requisite
municipalities and cities ​of the province
- Merely intended to secure an assurance that the
allegations therein made are done in good faith or
are true and correct and not mere speculation
Chapter 4. - Disciplinary Actions
SECTION 62. Notice of hearing
SECTION 60. Grounds for Disciplinary Actions
Procedure after filing administrative complaint​​:
An elective local official may be ​disciplined​​, 1. Within 7 days after filing the complaint​:
suspended​​, or ​removed from office on any of the respondent is required to submit his verified
following grounds: DVD-MAU-FO answer ​within 15 days from receipt thereof
1. Disloyalty​​ to the Republic of the Philippines 2. Within 10 days after receipt of answer:
2. Culpable ​violation​​ of the Constitution investigation shall commence
3. Dishonesty, oppression, misconduct in the
office, gross negligence, or dereliction of duty *No investigation shall be held ​within 90 days
(DOM-GD) immediately prior to any local election
4. Commission of any offense involving ​moral *No preventive suspension shall be imposed within the
turpitude or an offense punishable by at least said period
prision mayor
5. Abuse ​of authority SECTION 63. Preventive Suspension
6. Unauthorized ​absence for 15 consecutive
working days
Who may impose preventive suspension​​:
7. Application for, or acquisition of, ​foreign
1. President - in case of official of ​province​, ​highly
citizenship or residence or the status of an
urbanized​ or an ​independent component city
immigrant of another country
2. Governor - in case of official of ​component city or
8. Such ​other grounds​​ provided by law
municipality
3. Mayor​​ - in case of ​barangay​ official
*An elective local official may be removed from office ​by
order of the proper court
Purpose of preventive suspension Chapter 5. - Recall
- 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 SECTION 69. By Whom Exercised
potential witnesses or to destroy or tamper with
records which may be vital in the prosecution of The power of recall for ​loss of confidence shall be
the case against him exercised ​by the registered voters of a local government
unit
When preventive suspension may be imposed​​: JEI
a. After the issues are ​joined “Loss of confidence” - formal withdrawal by an electorate
b. When the ​evidence ​of guilt is strong of their trust in a person’s ability to discharge his office
c. Given the gravity of the offense, there is a great previously bestowed on him by the same electorate
probability that the continuance in office of the
respondent could ​influence ​the witnesses or pose SECTION 70. Initiation of the Recall Process
a threat to the safety and integrity of the records
and other evidence
Process​​: PCP-VA
1. A written ​petition ​for recall signed by the
SECTION 64. Salary of Respondent Pending Suspension representatives of the petitioners shall be filed
with the Comelec
The respondent official shall receive ​no salary or The petition shall contain: (NLOR)
compensation​ during such suspension 1. Name ​and addresses of petitioners and
their signatures
Upon subsequent exoneration and reinstatement - he 2. LGU​​ to which petitioners belong
shall be paid full salary or compensation including such 3. Name of ​official ​sought to be recalled
emoluments accruing during such suspension 4. Brief narration of the ​reasons ​and
justifications therefor
Two kinds of preventive suspension​​: 2. The Comelec shall, within 15 days from the filing
1. Pending investigation of the petition, ​certify ​to the sufficiency of the
2. Pending appeal required number of signatures
3. If the petition is sufficient in form, Comelec shall,
Preventive suspension pending investigation v. within 3 days from issuance of certification,
Preventive suspension pending appeal provide the official sought to be recalled a copy of
the petition, cause of its ​publication ​in a national
Preventive suspension pending investigation - not a newspaper of general circulation and a newspaper
penalty but only a means of enabling the disciplining of general circulation in the ​locality​, once a week
authority to conduct an unhampered investigation for 3 consecutive weeks and ​post copies thereof in
public and conspicuous places for a period not less
Preventive suspension pending appeal - punitive than 10 days nor more than 20 days
although it is, in effect, subsequently considered illegal if 4. The Comelec shall, upon issuance of certification,
respondent is exonerated and the administrative decision proceed independently with the ​verification and
finding him guilty is reversed authentication of the signatures of the petitioners
and registered voters contained therein
Aguinaldo Doctrine - removes the elected officials’ 5. Upon lapse of the aforesaid period, Comelec shall
liabilities for administrative offenses that were committed announce the ​acceptance of candidates to the
in previous terms once they are reelected (already an position and prepare list of candidates
obsolete doctrine)
SECTION 74. Limitations on Recall
SECTION 66. Form and Notice of Decision
1. Any local official may be the subject of a recall
The investigation of the case shall be terminated ​within 90 election ​only once during his term of office for
days loss of confidence
2. No recall shall take place ​within one (1) year
Within 30 days after the end of the investigation - the from the date of the official’s ​assumption ​to
Office of the President or the sanggunian concerned shall office or ​one (1) year immediately preceding a
render a decision in writing regular local election
4. Fine in an amount not exceeding six (6) months
Title Three. - HUMAN RESOURCES AND DEVELOPMENT salary
5. Reprimand
SECTION 76. Organizational Structure and Staffing
Pattern SECTION 89. Prohibited Business and Pecuniary Interest

Every LGU shall design and implement its own (BG-PSP)


organizational structure and staffing pattern taking into 1. Engage in any ​business transaction ​with the LGU
consideration its ​service requirements and ​financial 2. Hold such ​interests in any ​cockpit ​or other
capability​. games ​licensed by the LGU
3. Purchase any real estate or other ​property
SECTION 77. Responsibility for Human Resources and forfeited ​in favor of such LGU
Development 4. Be a ​surety ​for any person contracting or doing
business with the LGU
5. Possess ​or use any ​public property ​of the LGU
The ​chief executive of every LGU shall be responsible for
for private purposes
human resources and development in his unit and shall
take all personnel actions in accordance with laws.
*Prohibited interest includes conjugal partnership of gains

SECTION 82. Resignation of Elective Local Officials


SECTION 90. Practice of Profession

Resignation v. Abandonment
a. Governors, city and municipal mayors -
prohibited from practicing their profession or
“Resignation” ​- act of giving up or the act of an officer by
engaging in any other occupation
which he declines his office and renounces the right to
further use it. It is a formal relinquishment
b. Sanggunian members ​- may practice their
professions, engage in any occupation, or teach in
Requirements for resignation​​:
schools except during session hours.
1. Intention to relinquish a part of the term
2. Act of relinquishment
c. Sanggunian members who are also members
3. Acceptance by the proper authority
of the Bar​​ - are prohibited to:
i. Appear as counsel ​before any court in
“Abandonment” - voluntary relinquishment of an office
any ​civil case ​wherein a LGU or any
by the holder with the intention of terminating his
office, agency, or instrumentality of the
possession and control thereof. It is a species of
government is the adverse party
resignation. It is a non-user relinquishment.
ii. Appear as counsel in any ​criminal case
wherein an ​officer or employee of the
“Non-user” ​- neglect to use a privilege or right
national or local government is ​accused of
an offense committed ​in relation to his
SECTION 85. Preventive Suspension of Appointive Local office
Officials and Employees iii. Collect any fee for their appearance ​in
administrative proceedings involving
Grounds for preventive suspension​​: the LGU of which he is an official
1. If the charge against such official or employee iv. Use property and ​personnel ​of the
involves ​dishonesty, oppression or grave government except when the sanggunian
misconduct or neglect in the performance of member is defending the interest of the
duty ​(DONG) government
2. If there is reason to believe that the respondent is
guilty of the charges which would ​warrant his d. Elective officials who are Doctors of medicine -
removal from the service may practice their profession even during official
hours of work ​only on occasions of emergency
SECTION 87. Disciplinary Jurisdiction with no compensation

​When conflict of interest exists


Penalties the local chief executive may impose​​:
- Where the interests of the local government unit
1. Removal from service
with which the official is connected are opposed to
2. Demotion in rank
the interests of the person who obtains his
3. Suspension for not more than one (1) year
services
without pay
SECTION 91. Statement of Assets and Liabilities d. Boundary disputes involving ​a component city
or municipality on the one hand and ​a highly
urbanized city on the other - ​jointly referred for
Officials and employees of LGUs shall file ​swon
settlement to the ​respective sanggunians of the
statements of ​assets, liabilities ​and ​net worth​​, ​list of
parties
relatives within the fourth civil degree of
e. Boundary disputes involving ​two (2) or more
consanguinity or affinity ​in government service,
highly urbanized cities - ​jointly referred for
financial and ​business interests​​, and ​personnel data
settlement to the ​respective sanggunians of the
sheets​​ as required by law
parties

SECTION 93. Partisan Political Activity If the sanggunian fails to effect an amicable settlement
within sixty (60) days​​: it shall issue a certification and
Local official or employee in the career civil service is thereafter the dispute shall be ​formally tried by the
prohibited to​​: sanggunian concerned which shall ​decide the issue ​within
1. Engage directly or indirectly in any partisan sixty (60) days​ from the date of the certification
political activity
2. Take part in any election, initiative, referendum,
plebiscite, or recall, except to vote,
3. Use his official authority or influence to cause the Chapter 2. - Local Initiative and Referendum
performance of any political activity by any
person or body.
“Local initiative” - legal process whereby the registered
voters of a local government unit may ​directly propose,
He is allowed, however, to​​:
enact, or amend any ordinance
1. Express his views on current issues
2. Mention the names of certain candidates for
“Local referendum” - legal process whereby the
public office whom he supports
registered voters of the local government units may
approve, amend or reject any ordinance enacted by the
*Elective local officials may take part in partisan political
sanggunian
and electoral activities

SECTION 124. Limitations on Local Initiative


SECTION 94. Appointment of Elective and Appointive
Local Officials; Candidates Who Lost in an Election
1. May not be exercised more than ​once a year
2. Shall extend only to ​subjects or matters which are
Candidate who lost in any election shall not, ​within one
within the legal powers of the sanggunian to enac​t
(1) year after such election​, be appointed to any office in
3. Shall be ​cancelled if at any time before the
the government or GOCCs or subsidiaries
initiative is held, the ​sanggunian concerned adopts
in toto ​the proposition presented and the local
chief executive approves the same
Title Nine. - OTHER PROVISIONS APPLICABLE TO
LOCAL GOVERNMENT UNITS

Chapter 1. - Settlement of Boundary Disputes

SECTION 118. Jurisdictional Responsibility for


Settlement of Boundary Dispute

a. Boundary disputes involving ​two (2) or more


barangays in the ​same city or municipality -
settled by the ​sangguniang panlungsod or
sangguniang bayan​ concerned
b. Boundary disputes involving ​two (2) or more
municipalities within the ​same province -
settled by the ​sangguniang panlalawigan
concerned
c. Boundary disputes involving ​municipalities or
component cities of ​different provinces - jointly
referred for settlement to the sanggunians of the
province concerned
BOOK II: LOCAL TAXATION AND FISCAL MATTERS *Cities may impose taxes imposed by Provinces and
Municipalities
Title One. - LOCAL GOVERNMENT TAXATION
Taxes may be imposed by Barangays​​:
Chapter 1. - General Provisions - Stores or retailers with fixed business
establishments with gross sales of receipts of:
a. P50,000 or less - cities
Nature of LGU’s power of taxation
b. P30,000 or less - municipalities
- LGUs have no inherent right to impose taxes
- The charter or statute must ​plainly show an intent
Individuals Liable to Community Tax​​:
to ​confer that power​ or the LGU cannot assume it
- Every ​inhabitant ​of the Philippines eighteen (18)
years of age​ or over who is:
Fundamental Principles of Taxation​​: UPS-LP
1. Regularly employed on a wage or salary
1. Taxation shall be ​uniform​​ in each LGU
basis for at least thirty (30) consecutive
2. Taxes, fees, charges and other impositions ​shall​​:
working days during any calendar year
(E-CUP)
2. Engaged in business or occupation
a. Be ​equitable
3. Owns real property with an aggregate
b. Be levied and collected only for ​public
assessed value of P1,000.00 or more
purposes
4. Required by law to file an income tax
c. Not be ​unjust​, excessive, oppressive or
return
confiscatory
d. Not be ​contrary to law, public policy,
Individuals Exempted from Community Tax​​:
national economic policy, or in the
1. Diplomatic and consular representatives
restraint of trade
2. Transient visitors with at most three (3) months
3. Collection of taxes, fees, charges and other
stay
impositions shall not be let to any ​private person
4. Revenue collected shall inure solely to the benefit
of, and be subject ot the disposition by, the ​local
government unit
5. Each LGU shall evolve a ​progressive system of
taxation

Role of Congress in taxation power of LGUs


- Provide guidelines and limitations

Taxes may be imposed by Provinces​​: TBF-SPA


1. Transfer of real property ownership
2. Business of printing and publication
3. Franchise tax
4. Sand, Gravel and Other Quarry Resources
5. Professional Tax
6. Amusement tax

Taxes may be imposed by Municipalities on the


following business​​: (LiCER-CBP)
1. Manufacturers of ​liquors
2. Wholesalers, distributors, or dealers in ​any article
of commerce
3. Exporters or manufacturers of ​essential
commodities
4. Retailers
5. Contractors​ and independent contractors
6. Banks​ and other financial institutions
7. Peddlers engaged in the sale of any merchandise
or article of commerce

Other fees may be imposed by Municipalities​​:


1. Sealing and licensing of weights and measures
2. Fishery rentals, fees and charges
BOOK III: LOCAL GOVERNMENT UNITS SECTION 410. Procedure for Amicable Settlement

Title One. - THE BARANGAY


1. Complaint, oral or written, submitted to the lupon
chairman of the barangay
Chapter 7. - Katarungang Pambarangay 2. Mediation of conflicting interests by the chairman.
If failed to mediate within 15 days: pangkat shall
SECTION 399. Lupong Tagapamayapa be constituted
3. Not later than 3 days from constitution: pangkat
shall issue necessary summons and conduct
Composition​​:
hearing
1. Punong Barangay as chairman
4. Settlement or resolution must be arrived at ​within
2. 10 to 20 members
15 days
Qualifications of members​​:
1. Residing ​or ​working ​in the barangay SECTION 412. Conciliation
2. Not ​otherwise expressly ​disqualified by law
3. Possessing ​integrity​, ​impartiality​, ​independence of Instances when parties may go directly to court:
mind​, ​sense of fairness​, and ​reputation for probity DH-PB
1. Where the accused is under ​detention
Prior referral to the lupon - pre-condition to the filing of 2. Where a person has otherwise been deprived of
an action in court personal liberty calling for ​habeas corpus
proceedings
SECTION 402. Functions of the Lupon 3. Where actions are coupled with ​provisional
remedies such as preliminary injunction,
attachment, delivery of personal property and
1. Exercise ​administrative supervision over the
support ​pendente lite
conciliation panels
4. Where the action may otherwise be ​barred by the
2. Meet once a month to provide a ​forum for
statute of limitations
exchange of ideas on ​matters relevant to the
amicable settlement of disputes
3. Others SECTION 417. Execution

SECTION 404. Pangkat ng Tagapagkasundo Within 6 months from date of settlement: the amicable
settlement or arbitration award may be enforced by
execution by the lupon
“Conciliation panel” or “pangkat” - consists of ​3
members chosen by the parties to the dispute who shall
After lapse of such period: the settlement may be enforced
oversee the amicable settlement
by action in the appropriate city or municipal court

SECTION 408. Subject Matter for Amicable Settlement;


Exception Thereto

GRIP​3
1. Where one party is the ​government​​, or any
subdivision or instrumentality therefor
2. Where one party is a ​public officer or employee​​,
and the dispute relates to the performance of his
official functions
3. Offenses punishable by ​imprisonment ​exceeding
one (1) year​​ or a ​fine ​exceeding​ P5,000.00
4. Offenses where there is no private offended
party
5. Where the dispute involves ​real properties
located in ​different cities or municipalities
6. Disputes involving ​parties ​who actually ​reside ​in
barangays of different cities or municipalities
7. Others determined by the President or Secretary
of Justice