MUCOPA FINALS COVERAGE

SEC 21

Permanent closure of roads, park, alley,
square 2/3 vote of all members of the
Sanggunian

No freedom park shall be closed
permanently without provision for its
transfer or relocation to a new site.

Macasiano v Diokno 212 SCRA 464
Sole purpose is withdrawing property for
public use when such is not necessary for
public use.

Cabrera v CA 15 SCRA 314
It was held that the closure of city streets is
within the powers of the city council while
the closure of provincial roads is within the
powers of the provincial board.

Favis Case 29 SCRA 456
It is within the power of the Sanggunian to
determine whether or not the property is
for public use.

Sanggalang Case 176 SCRA 716
The opening of a street within private
subdivision for the common good is a
justified use of police power

SEC 22

CORPORATE POWERS OF THE LGU:

(1) To have continuous succession in its
corporate name;
(2) To sue and be sued;
(3) To have and use a corporate seal;
(4) To acquire and convey real or personal
property;
(5) To enter into contracts; and
(6) To exercise such other powers as are
granted to corporations, subject to the
limitations provided in this Code and other
laws.

POWER TO ENTER INTO CONTRACTS:

1. Must be within the LGUs express, implied
or inherent power
2. Entered into by proper office or agent
authorized by the Sanggunian
3. Must comply with certain substantive
requirements
Public fund- certification from treasurer;
availability of funds
4. Must comply with the written requirements
of a contract

Noncompliance with no. 1 and 3
Contract is null and void
It cannot be ratified or validated
Noncompliance with 2 and 3
May be ratified

The DOCTRINE OF ESTOPPEL cannot be
applied against a municipal corporation to
validate a contract which it has no power to
make, or which it is authorized to make only
under prescribed conditions, within the
prescribed limitations, or in prescribed mode
or manner, although the corporation has
accepted the benefits thereof and the other
party has fully performed his part of the
agreement, or has expended large sums in
preparation for performance.

SEC 23

Froilan v. PAL Oriental Shipping
Implied consent:
1. State commences litigation
2. State enter into a contract commercial in
nature

LIABILITY OF THE LGU

GENERAL RULE: LGU not liable to acts of
its agents in the performance of governmental
function
EXCEPTION: negligence in business or
proprietary function

Jimenez v. City of Manila 180 SCRA 510\
Despite of an operating contract with a
private corporation over the management
of public market, LGU is still solidarily
liable for injuries because it is engaged in
proprietary function.
As long as the City is exercising control
and supervision over such road.


Municipality of San Fernando v Judge Fermin
- The general rule is that the State may not
be sued except when it gives consent to be
sued.
- Rule that the Municipality cannot be held
liable for torts committed by its regular
employee, who was then engaged in the
discharged of governmental function. After
careful examination of existing laws and
jurisprudence, the court arrive at the
conclusion that the municipality cannot be
held liable for the torts committed by its
regular employee, who was then engaged
in the discharge of governmental functions.
Hence, the death of the passenger- tragic
and deplorable though it may be imposed
on the municipality no duty to pay
monetary compensation.

Torio v Fontanella 85 SCRA 599
- In the absence of a statutory law,
Municipal Corporation are not liable for
damages for acts done in the performance
of governmental functions.
- The rule is otherwise where it is engaged in
the exercise of proprietary functions. With
respect to proprietary functions, the settled
rule is that a municipal corporation can be
held liable to third persons ex contractu or
ex delicto. Municipal Corporations are
subject to be sued upon contracts and in
tort.
- The holding of a town fiesta by a
municipality s an exercise of a private
function of the municipality.
- Under the doctrine of respondent superior,
a municipality may be held liable for the
acts relative to the exercise thereof of acts
proprietary in character.

City of Manila v. IAC

The operation of a Public Cemetery is a
proprietary function.

Hasaan case GR 154961
-
WHEN CAN A LOCAL OFFICIAL BE
HELD PERSONALLY LIABLE?

City of Angeles v CA
-


Province of Cebu v IAC 147 SCRA 447
- Private attorneys cannot represent a
province or municipality in lawsuits. Only
the provincial fiscal and the municipality
attorney can represent a province or
municipality in its lawsuits. The
municipalitys authority to employ a
private lawyer is expressly limited only to
situations where the provincial fiscal is
disqualified to represent it.
- A private counsel may be hired by the
Governor in a suit against the provincial
Board where the provincial fiscal has been
directed by the Board already to appear for
it in a case involving the same questioned
donation of provincial property.

Municipality of Bililia Rizal 233 SCRA 484
Municipality cannot be represented by a
private lawyer.
Except when the provincial prosecutor is
disqualified to represent

Ramos v CA 269 SCRA 34
- Only the provincial fiscal, municipal
attorney, and municipal attorney should
represent a municipality in its lawsuits.
- The collaboration of a private counsel with
the provincial prosecutor or provincial
attorney is contrary to law and should not
be recognized as legal.

SEC 25

DOCTRINE OF QUALIFIED POLITICAL
AGENCY- the power of the President to alter or
modify or nullify or set aside what a subordinate
officer had done in the performance of hs dutes
and to substitute the judgment of the former with
that of the latter. (ALTER EGO DOCTRINE)

SEC 26

Mandatory Consultation of the National
Government on the LGU

Absent mandatory consultation illegal; officer
may be held liable

Province of Rizal v Exec. Sec. 477 SCRA 436
In conjunction with Sec. 26 of the Code
directing national agencies to conduct prior
consultation with affected local
communities and to secure prior approval
by the appropriate sanggunian before
national project that affects the
environmental and ecological balance of
local communities can be implemented.
The Court added that absent either of these
two mandatory requirements, a national
projects implementation s ILLEGAL.

SEC 28

Carpio v Exe. Sec.
PNP is not part of the armed force of the
LGU
The Court upheld the deputization of the
said local executives and ruled that it is
clear that the local executives are acting
only as representatives of the
NAPOLCOMAs such deputies, they are
answerable to the NAPOLCOM for their
actions in the exercise of their functions
under that section. Thus, unless
countermanded by the NAPOLCOM, their
acts of the NAPOLCOM. It is significant
to note that the local officials, as
NAPOLCOM representatives, will choose
the officers concerned from a list of
eligible (those who meet the general
qualifications for appointment to the PNP)
to be recommended by PNP officials.

Mayor has no power to appoint instead he
has limited power of selection

Andaya Case 319 SCRA 696

SEC 29

The Provincial Sanggunian has the power
to review :

A. component city or municipal ordinances
and even resolutions approving the
development plans and public investment
programs formulated by the city or municipal
development councils; and

B. component city or municipal annual or
supplemental appropriations.

SEC 30

Casio v CA 204 SCRA 449 (1991)
Purpose of review: review is a
reconsideration or reexamination for
purposes of correction. The power of
review is exercised to determine whether it
is necessary to correct the acts of the
subordinate and to see to it that he
performs his duties in accordance with law.

Writ of Certiorari under Rule 65- remedy
to question LGU Officials power to
review.

SEC 37

RA 9184 Government Procurement Reform
Act

Section 11 bids and awards committees shall
have 5- 7 members

Bids and Awards Committees must be under
the Local Chief Executives

End users shall be represented in the bids and
awards committee

Responsibility of the BAC: ensure that the bids
comply with the law or requirements laid
down by law and BAC.

SEC 39

General Qualification:
1. Filipino Citizen
2. Registered voter of the place where they
are candidate for at least 1 year
immediately preceding the day of the
election
3. Able to read and write

Qualification with variation
1. Age requirement

- Candidates for the position of governor,
vice-governor, or member of the
sangguniang panlalawigan, or mayor, vice-
mayor or member of the sangguniang
panlungsod of highly urbanized cities must
be at least twenty-one (21) years of age on
election day.

- Candidates for the position of mayor or
vice-mayor of independent component
cities, component cities, or municipalities
must be at least twenty-one (21) years of
age on election day.

- Candidates for the position of member of
the sangguniang panlungsod or
sangguniang bayan must be at least
eighteen (18) years of age on Election Day.

- Candidates for the position of punong
barangay or member of the sangguniang
barangay must be at least eighteen (18)
years of age on election day.

- Candidates for the sangguniang kabataan
must be at least fifteen (15) years of age
but not more than twenty-one (21) years of
age on election day.

2. Requirement of residence

LGU officials may either be a FILIPINO
CITIZEN or a NATURALIZED CITIZEN

Frivaldo v. COMELEC 174 SCRA 245
Reason of the Citizenship qualification: to
ensure that no alien shall govern the LGU
Mere filing of certificate of candidacy
wherein petitioner claimed that he is a
natural born Filipino citizen, not a
sufficient act of repatriation.
Qualifications for public office are
continuing requirements which must be
possessed not only at the time of
appointment or election or assumption of
office, but also during the entire tenure.
Vice of ineligibility cannot be cured by the
will of the people expressed through ballot

Labo v COMELEC 176 SCRA 1
Qualification is a continuing requirement
The qualification for an elective office are
continuing requirements, once any of them
is lost during incumbency, title to the
office itself is deemed forfeited.

Salcedo v COMELEC 312 SCRA 447
- Neptali Salcedo married Agnes Celiz.
Without dissolving his first marriage, he
married Ermelita Cacao. In the May 11,
1998 elections. Ermelita and Salcedo II
both ran for mayor of Sara, Iloilo. Salcedo
II filed a petition for cancellation of
Cacaos certificate of candidacy on ground
of false representation because Ermelita,
not being legally married to Neptali, still
used the surname Salcedo.

- The Supreme Court held that the material
misrepresentation contemplated by sec. 78
refers to qualifications for elective office,
such as citizenship, legal age, residence.
The misrepresentation must be so grave
that it would prevent the candidate from
running, or if elected, from serving, or
enough to prosecute him for violation of
election laws.


DUAL CITIZENSHIP

Mercado v. Manzano 307 SCRA 630
- For candidates with dual citizenship, it
would suffice if they elect Philippine
citizenship upon filing their CoC to
terminate their status as persons with dual
citizenship

RESIDENCE REQUIREMENT:

Residence does not mean dwelling but
DOMICILE

Orquilla v COMELEC 358 SCRA 607
Domicile of origin is acquired by birth.



Caasi v CA 191 SCRA 229
Respondents immigration to the United
States in 1984 constituted an abandonment
of his domicile and residence in the
Philippines.
His act of filing a certificate of candidacy
for elective official in the Phil. Did not
itself constitute as waiver of his status as a
permanent resident or immigrant of the
US; waiver should be manifested by some
act or acts independent of and done prior to
the fling of his candidacy for elective
office in this country.
Absent clear evidence that he made an
irrevocable waiver of that status, the
conclusion that he was disqualified to run
for said public office hence his election
thereto was null and void.

RESIDENCE SYNONYMOUS WITH
DOMICILE:

Co v. HRET 199 SCRA 692
The court defined residence to be
synonymous with domicile.

Dumpit- Michelena v Boada 475 SCRA 290
The Court made it clear that domicile of
origin is not easily lost. To successfully
effect a change of domicile. There must be
clear and positive proof of concurrence of
the following requirements:
1. An actual removal or an actual change of
domicile;
2. A bonafide intention of abandoning the
former place of residence and establishing
a new one; and
3. Acts which correspond with the purpose.
- The Court emphasized: without clear and
positive proof of concurrence of these three
requirements, the domicile of origin continues. To
effect change, there must be an animus manendi ,
coupled with animus non revertendi. The intent to
remain in the new domicile of choice must be for
an indefinite perod of time, the change of
residence must be voluntary, and the residence at
the place chosen for the new domicile to be actual.

Aquino v COMELEC 248 SCRA 400
While there is nothing wrong with the
practice of establishing residence in a
given area for meeting election law
requirement, this nonetheless defeats the
essence of representation, which s to place
through the assent of voters those most
cognizant and sensitive to the needs of a
particular district, if a candidate fall short
of the period of residency mandated by law
for him to qualify.
The absence of clear and positive proof
showing a successful abandonment of
domicile under the condition in the instant
case- sentimental, actual or otherwise- with
the area, and the suspicious circumstances
under which a lease agreement was
effected all belie petitioners claim of
residency for the period required by the
Constitution .
Domicile of origin is not easily lost- to
successfully effect a change of domicile, a
person must prove an actual removal or an
actual change of domicile, a bona fide
intention of abandoning the former place of
residence and establishing a new one and
definite acts which correspond with the
purpose.

Abella v COMELEC 201 SCRA 253
Mere absence from ones residence or
origin domicile- to pursue studies,
engage in business, or practice his
avocation, is not sufficient to constitute
abandonment or loss of residence. The
determination of a persons legal residence
or domicile largely depends upon the
intention which may be inferred from his
acts, activities and utterances. The party
who claims that a person has abandoned or
left his residence of origin must show and
prove preponderantly such abandonment or
loss.

Orquilla v COMELEC GR 157914
Loss of citizenship results to loss of
domicile
Reacquisition of citizenship results to
abandonment of residence in foreign origin
entitling him to a new domicile in the
Philippine.

Makalintal v COMELEC GR 157013

Owning a property is not a requirement to
qualify a candidate for an elective position.

Garvida v Sales 271 SCRA 767
Age requirement is mandatory.
Election will not cure the vice of
ineligibility.

SEC 40

Disqualifications. - The following persons are
disqualified from running for any elective local
position:

(a) Those sentenced by final judgment for an
offense involving moral turpitude or for an offense
punishable by one (1) year or more of
imprisonment, within two (2) years after serving
sentence;

(b) Those removed from office as a result of an
administrative case;

(c) Those convicted by final judgment for
violating the oath of allegiance to the Republic;

(d) Those with dual citizenship;

(e) Fugitives from justice in criminal or non-
political cases here or abroad;

(f) Permanent residents in a foreign country or
those who have acquired the right to reside abroad
and continue to avail of the same right after the
effectivity of this Code; and

(g) The insane or feeble-minded.

MORAL TURPITUDE:

Moreno v COMELEC GR 168550
The use of the phrase service of sentence
in this section applies only to a convict
who has been confined in a penal facility
for some time, and thus, does not apply to a
probationer, whose principal and accessory
penalties were suspended upon the grant of
probation.
During the period of probation, the
probationer does not serve the penalty
imposed upon him by the Court but is
merely required to comply with all the
conditions [prescribed in the probation
order.

REMOVAL AS DISQUALIFICATION
Aguinaldo Doctrine
The "Aguinaldo Doctrine" is a repeatedly
upheld Supreme Court jurisprudence that
moots all administrative cases filed against
any public official during his previous
term, immediately after the official's
reelection.

The central argument of the doctrine is that
an erring public official has been forgiven
by his constituents of his administrative
liabilities if they reelect him in office.

This Court has repeatedly held that a
reelected local official may not be held
administratively accountable for
misconduct committed during his prior
term of office. The rationale for this
holding is that when the electorate put him
back into office, it is presumed that it did
so with full knowledge of his life and
character, including his past misconduct.
If, armed with such knowledge, it still
reelects him, then such reelection is
considered a condonation of his past
misdeeds.

FUGITIVE FROM JUSTICE

Rodriguez v COMELEC 259 SCRA 296
A fugitive from justice includes not only
those who flee after conviction to avoid
punishment but likewise those who, after
being charged, flee to avoid prosecution.
Intent to evade on the part of a candidate
must therefore be established by proof that
there has already been a conviction or at
least, a charge has already been filed, at the
time of the flight.

SEC 41


Section 42.

Date of Election. - Unless otherwise provided by
law, the elections for local officials shall be held
every three (3) years on the second Monday of
May.

Section 43.

Ong v Allegre 479 SCRA 473
For the three- term limit for elective local
government officials to apply, two
conditions or requisites must concur, to
wit:

A. That the official concerned has been
elected for three (3) consecutive terms to
the same local government post, and

B. That he has fully served three (3)
consecutive terms.

Borja v COMELEC 295 SCRA 157
It is not enough that an individual has
served three consecutive terms in an
elective local office, he must also have
been elected to the same position for the
same number of time before the
disqualification can apply.

Lonzanida v COMELEC
There is a break in the continuity of service
when there is involuntary interruption

Latasa v COMELEC 417 SCRA 601
The mayor had served for 2 terms on his
third term the municipality was converted
into a city.
Can he run for the next election contending
that it is a new LGU?
Ans. A new city acquires a new corporate
existence separate and distinct from the
municipality. But, he cannot be elected
again because the constituent of the area is
the same as those of the City. It follows
that the voters of that city is the same as
well.


Section 44.

Section 45.

Section 46.

Section 47.



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.

DOCTRINE OF SUBORDINATE LEGSLATION
It is a well- settled rule that local political
subdivisions are able to legislate only by
virtue of a valid delegation of legislative
power from the national legislature. They
are mere agents vested with what is called
the power of subordinate legislation.

Art. VIII Sec 1 CONSTITUTION- judicial review
of validity of an ordinance.

Section 49.

Section 50.

The discipline of members of Sanggunian for:

a. disorderly behavior and
b. absences without justifiable cause for four (4)
consecutive sessions

for which they may be:
1. censured,
2. reprimanded, or
3. excluded from the session,
4. suspended for not more than sixty (60) days, or
5. 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.

Section 51.

Section 52.

Section 53.

Section 54.
Section 55.

Scope of Veto: The veto may apply to:
a. entire ordinance or
b. particular items of certain ordinances such
as:
i. appropriation or ordinances;
ii. Ordinances adopting local development
plans and public investment programs; and
iii. Ordinances directing payment of money
or creating a liability against the province,
city or municipality.

Section 56.

Section 57.

Section 58.

Section 59.

CHAPTER IV
Disciplinary Actions

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;

(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.

Other grounds:

1. Article 125 of the IRR adds that an elective
local official may be disciplined on such grounds
provided by the Code-
- 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.
2. RA 6713 (Code of Conduct and Ethical
Standards for Public Officials and Employees)
3. Administrative Code of 1987
4. RA 3091 (the Anti- graft and Corrupt practices
Act)
5. The Revised Penal Code, etc

DESISTANCE NOT A BAR TO A
DISCIPLNARY ACTION:
Even if a complainant desists from
pursuing his or her complaint, it does not
necessarily prevent the continuation of the
investigation of the cause of the complaint
and even the punishment of the respondent
if warranted by the circumstances.

Section 61.

Verified Complaint- formal requirement not a
jurisdictional requirement

290 SCRA 279

Section 62.

2 REGLEMENTARY PERIOD:

1. Require within 7 days from filing of the
complaint, the official being investigated or the
respondent to submit his verified answer; and

2. Commence the investigation within 10 days
from his receipt of the verified answer

ELECTION BAN ON INVESTIGATIONS OR
SUSPENSIONS:

Investigations and preventive suspensions
of local elective officials are not allowed
within 90 days immediately prior
to any local election.
If preventive suspension has been imposed
prior to the period mentioned, it shall be
lifted automatically at the start of the 90
days.

Section 63. Preventive Suspension. -

(a) Preventive suspension may be imposed:

(1) By the President, if the respondent is an
elective official of a province, a highly urbanized
or an independent component city;

(2) By the governor, if the respondent is an
elective official of a component city or
municipality; or

(3) By the mayor, if the respondent is an elective
official of the barangay.

(b) Preventive suspension may be imposed at any
time after the issues are joined, when the evidence
of guilt is strong, and given the gravity of the
offense, there is great probability that the
continuance in office of the respondent could
influence the witnesses or pose a threat to the
safety and integrity of the 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 (90)
days within a single year on the same ground or
grounds existing and known at the time of the first
suspension.

(c) Upon expiration of the preventive suspension,
the suspended elective official shall be deemed
reinstated in office without prejudice to the
continuation of the proceedings against him, which
shall be terminated within one hundred twenty
(120) days from the time he was formally notified
of the case against him. However, if the delay in
the proceedings of the case is due to his fault,
neglect, or request, other than the appeal duly
filed, the duration of such 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.

A preventive suspension is not meant to be
a penalty but a means taken to ensure the
proper and impartial conduct of
investigation.

Period of Suspension- 60 days

236 SCRA 332
Preventive suspension is mandatory.

Elective officials may also be preventively
suspended as a result of the filing of a
criminal charges against them..
Preventive Suspension s mandatory under
Section 13 of RA 3019. Note however that
suspensions may not exceed the
maximum period of 90 days fixed in
Section 42 of PD 807.

Section 64.

Salary of Respondent Pending Suspension. - The
respondent official preventively suspended from
office shall receive no salary or compensation
during such suspension; but upon subsequent
exoneration and reinstatement, he shall be paid full
salary or compensation including such
emoluments accruing during such suspension.

Section 65.

Section 66.

Section 67.
Decision is final and executory, suspension
is served immediately

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 the pendency of an appeal in the event he
wins such appeal. In the event the appeal results in
an exoneration, he shall be paid his salary and
such other emoluments during the pendency of the
appeal.

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.

Ground for recall: loss of confidence
Initiation of recall can be done anytime
A special election
COMELEC determines sufficiency of the
recall petition
COMELEC en banc schedules the election

Adormeo v Comelec 276 SCRA 90
Facts: Petitioner and private respondent
incumbent mayor were the only candidates
who filed their COC for mayor of Lucena
City in the May 2001 elections.

Private respondent was elected mayor in
May 1992, where he served the full term.
Again, he was re-elected in May 1995,
where he again served the full term. In the
recall election of May 2000, he again won
and served only the unexpired term of
Tagarao after having lost to the latter in the
1998 election.

Petitioner filed a petition to cancel COC
and/or disqualification of the respondent in
the ground that the latter was elected and
had served as city mayor for 3 consecutive
terms contending that serving the
unexpired term of office is considered as 1
term.

Private respondent maintains that his
service as city mayor of Lucena is not
consecutive. He lost his bid for a second
re-election in 1998 and during Tagaraos
incumbency, he was a private citizen, thus
he had not been a mayor for 3 consecutive
terms.

Section 8, Article X of the 1987
Constitution provides that the term of
office of elective officials, except barangay
officials, which shall be determined by
law, shall be 3 years and no such official
shall serve for more than 3 consecutive
terms. Voluntary renunciation of the office
for any length of time shall not be
considered as an interruption in the
continuity of service for the full term for
which the elective official concerned was
elected.

Section 43(b) of RA 7160 (Local
Government Code) provides that no local
elective official shall serve for more than 3
consecutive terms in the same position.
Voluntary renunciation of the office for
any length of time shall not be considered
as an interruption in the continuity of
service for the full term for which the
elective official concerned was elected.

Issue: WON private respondent had
already served 3 consecutive term for
mayor of Lucena City.

Held: No. Private respondent was not
elected for 3 consecutive terms. For nearly
2 years, he was a private citizen. The
continuity of his term as mayor was
disrupted by his defeat in the 1998
elections.

Neither can respondents victory in the
recall election be deemed a voluntary
renunciation for clearly it is not. Voluntary
renunciation of a term does not cancel the
renounced term in the computation of the
three term limit; conversely, involuntary
severance from office for any length of
time short of the full term provided by law
amounts to an interruption of continuity of
service (Lonzanida vs COMELEC).

Hence, being elected in a recall election
interrupts the 3 consecutive term limit.

Note: Recall a petition designed to
remove an official from office by reason of
lack of confidence. It is initiated only in the
middle of the year.


Section 70.

Section 71.

Section 72.

Section 73.

Section 74.

Section 75.

TITLE III.
HUMAN RESOURCES AND
DEVELOPMENT

Section 76.

Section 77.

Section 78.

Civil Service Commission has no power of
appointment, only the power to approve and
disapprove

Medalla v Sto. Tomas 208 SCRA 351
The CSC has no power of appointment
except over its own personnel. Neither
does it have the authority to review the
appointments made by other offices except
only to ascertain if the appointee possesses
the required qualification. The
determination of who among the aspirants
with the minimum statutory authority and
not the CSC. It cannot disallow an
appointment because it believes another
person is better qualified and much less can
it direct the appointment of its own choice.

Chua v CSC 206 SCRA 65
Coterminous of project personnel who
have rendered years of continuous service
should be included in the coverage of Early
Retirement Law, as long as they file their
application prior to the expiration of their
term, and as long as they comply with the
regulations promulgated for that purpose.

Domingo v Development Bank of the Philippines
270 SCRA 766
Reorganization is a valid ground for
separation of Civil Service employees,
subject only to the condition that it be done
in good faith.

Cabagnot v CSC 223 SCRA 59
As a result of the reorganization, these
employees have been demoted by their
assignment to positions which are lower
than those they previously held, or which
though of equivalent salary grade and step,
drastically changes the nature of their work
without a showing by the governor of the
existence of a valid cause for such
demotion, which in effect is a removal,
determined after due notice and hearing.
Assigning an employee to a lower position
in the same service which has a lower rate
of compensation is a clear case of
demotion tantamount to removal when no
cause is shown for it is not a part of any
disciplinary action.

Section 79.

Limitation to Appointments. - No person shall
be appointed in the career service of the local
government if he is related within the fourth
civil degree of consanguinity or affinity to the
appointing or recommending authority.

Section 80.

Section 81.

EFFECTIVITY OF INCREASE
FOR ELECTIVE OFFICIAL- after their terms are
over
FOR APPOINTVE OFFICIAL- effective as the
ordinance provides

Barangay elective and appointive
officials, including the Sangguniang
Kabataan chairman are now entitled to
compensation, allowance, emoluments
and other privileges.
Leave privileges of Elective Local
Officials
1. Vacation Leave
2. Sick Leave
3. Maternty Leave
4. Solo Parent Act- 7 days leave

Section 82.

WHEN RESIGNATION IS NOT
ALLOWED
Elective local officials who are the subject
of recall election cannot resign while the
recall proceeding are underway.
Irrevocable resignation

Section 83.

Section 84.

Garcia v Teehankee 27 SCRA 937
The transfer of employees from one
position to another without the reduction in
rank or salary when made in the interest of
public service is not considered
disciplinary.

Ginson v Municipalty of Murcia 158 SCRA 1
The SC ruled that the dismissal of a
municipal dentist by the abolition of his
position on the pretext of insolvency is not
excusable being inconsistent with the
municipalitys actuation approving salary
and issuing new appointments at the time
of the dismissal of the dentist.
While the power to abolish local offices is
recognized as one of the powers of the
LGUs, that power must be exercise in good
faith and must never be resorted to as an
instrument of political harassment.


Section 85.

Preventive Suspension of Appointive Local
Officials and Employees- not exceeding sixty (60)
days 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.

Section 86.

Section 87.

Section 88- 97]

TITLE IV
LOCAL SCHOOL BOARDS

Section 98. Creation, Composition, and
Compensation.

Yujuico v Atienza 472 SCRA 463
Head: Mayor
Special Education Fund (SEF)
Purpose of SEF:
1. operation and maintenance of public
schools
2. construction and repair
3. educational research
4. sports
5. Purchasing books

Augmenting teachers salary should not be
taken from the SEF

TITLE V
LOCAL HEALTH BOARDS

TITLE IX
OTHER PROVISIONS APPLICABLE TO
LOCAL GOVERNMENT UNITS

Section 118.

Municipality of Sogod v Rosal 201 SCRA 638
- The power to hear and resolve municipal
boundary disputes belongs to the provincial
boards and not to the trial courts.




CHAPTER II
Local Initiative and Referendum

Section 121.

Garcia v COMELEC 237 SCRA 279
- The Constitution clearly indicates not only
ordinances but resolutions as appropriate
subjects of local initiative

Section 122- 127