Local officials: qualifications/disqualifications, term and tenure, and succession
GENERAL PROVISIONS Unless otherwise allowed by law or by the primary functions of his
1. Prohibited Business and Pecuniary Interest (Section 89,
R.A. 7160)
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;
[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.
[6] Any other prohibitions and inhibitions prescribed in
R.A. 6713
2. Practice of Profession (Sec. 90, R.A. 7160)
[1] Governors, city and municipal mayors - prohibited from
practicing their profession or engaging in any occupation
other than the exercise of their functions as local chief
executives.
[2] 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:
i. Appear as counsel before any court:
- In a civil case where a local
government unit or any office,
agency, or instrumentality of the
government is the adverse party;
- In a criminal case where an officer
or employee of the national or local
government is accused of an
offense committed in relation to his
office.
ii. Collect any fee for their appearance; and
iii. Use property and personnel of the government
except when the sanggunian member
concerned is defending the interest of the
government.
[3] 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.
H Javellana v. DILG – By appearing as counsel for dismissed
employees, City Councilor Javellana violated the prohibition against
engaging in private practice if such practice represents interests
adverse to the government.
X X X LGC and DILG Memorandum Circular No. 90-81 does not
discriminate against lawyers and doctors, it applies to all provincial and
municipal officers.
3. Prohibition against Appointment (Sec. 94, R.A. 7160)
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.
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.1
QUALIFICATIONS
Sec. 39, R.A. 7160
(a) Citizen of the Philippines;
For a natural-born Filipino who reacquired or retained his Philippine citizenship (R.A.
9225)2
(b) A registered voter in the barangay, municipality, city, or
province or, in the case of a member of the sangguniang
panlalawigan, sangguniang panlungsod, or sangguniang
bayan, the district where he intends to be elected;
(c) A resident therein for at least 1 year immediately preceding the
day of the election; and able to read and write Filipino or any
other local language or dialect.
CANDIDATES
For Governor, Vice-governor, or member of the Sangguniang
Panlalawigan, or Mayor, Vice-mayor or member of the Sangguniang
Panlungsod of highly urbanized cities:
 at least 21 years of age on election day.
For Mayor or Vice-Mayor of independent component cities, component
cities, or municipalities:
 at least 21 years of age on election day.
For member of the Sangguniang Panlungsod or Sangguniang Bayan:
 at least 18 years of age on election day.
For Punong Barangay or Member of the Sangguniang Barangay:
 must be at 18 years of age on election day
For Sangguniang Kabataan
 at least 15 years of age but not more than 21 years of age
on election day.
H Frivaldo v. COMELEC – The Local Government Code does not
specify any particular date when the candidate must possess Filipino
citizenship. Philippine citizenship is required to ensure that no alien shall
govern our people.
An official begins to govern only upon his proclamation and on the day
that his term begins
Since Frivaldo took his oath of allegiance on June 30, 1995, when his
application for repatriation was granted by the Special Committee on
Naturalization created under PD 825, he was therefore qualified to be
proclaimed. Besides, Sec. 39 of the Local Government Code speaks of
qualifications of elective officials, not of candidates. ̈
Furthermore, repatriation retroacts to the date of his filing or on August
17, 1994.
H Altajeros v. COMELEC – The petitioner took his oath of allegiance
on December 17, 1997, but his Certificate of Repatriation was
registered with the Civil Registry of Makati City only after six years, or
on February 18, 2004, and with the Bureau of Immigration on March 1,
2004, thus completing the requirements for repatriation only after he
filed his certificate of candidacy, but before the election.
On the issue of whether he was qualified to run for Mayor of San
Jacinto, Masbate, the Court applied the ruling in Frivaldo v. Comelec,
that repatriation retroacts to the date of filing of the application for
repatriation. Petitioner was, therefore, qualified to run for Mayor.
H Garvida v. Sales – Petitioner who was over 21 years of age on the
day of the election was ordered disqualified by the Supreme Court when
the latter rejected the contention of the petitioner that she was qualified
because she was less than 22 years old.
1
2
Sec. 6-7, Art. IX-B of the 1987 Constitution
In order to run for public office, he must: (1) meet the qualifications required by Constitution; (2)
make a personal renunciation of all foreign citizenship
 Local officials: qualifications/disqualifications, term and tenure, and succession
The phrase “not more than 21 years old” is not equivalent to “less than
22 years old”.
Qualifications of appointive officials common to all municipalities,
cities and provinces (Title v of the lgc)
Article I – Secretary to the Sanggunian (Sec. 469)
There shall be a secretary to the sanggunian who shall be a career official with the
rank and salary equal to a head of department or office.
L The appointment of a secretary to the sanggunian is mandatory for
provincial, city and municipal governments.
Qualifications: No person shall be appointed secretary to the sanggunian unless he
is:
(1) A citizen of the Philippines
(2) A resident of the local government unit concerned
(3) Of good moral character
(4) A holder of a college degree preferably in law, commerce or public
administration from a recognized college or university
(5) A first grade civil service eligible or its equivalent
Article iI – TREASURER (Sec. 470)
The treasurer shall be appointed by the Secretary of Finance from a list of at least
three (3) ranking, eligible recommendees of the governor or mayor, as the case
may be, subject to civil service law, rules and regulations.
L The treasurer shall be under the administrative supervision of the
governor or mayor, as the case may be, to whom he shall report
regularly on the tax collection efforts in the local government unit.
L The appointment of a treasurer shall be mandatory for provincial, city
and municipal governments.
Qualifications: No person shall be appointed treasurer unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree preferably in commerce, public
administration or law from a recognized college or university
(5) a first grade civil service eligible or its equivalent (
(6) 6) He must have acquired experience in treasury or accounting service
for at least five (5) years in the case of the city or provincial treasurer,
and three (3) years in the case of municipal treasurer.
Article iI – ASSISTANT TREASURER (Sec. 471)
An assistant treasurer may be appointed by the Secretary of Finance from a list of
at least three (3) ranking, eligible recommendees of the governor or mayor, subject
to civil service law, rules and regulations.
L The appointment of an assistant treasurer shall be optional for
provincial, city and municipal governments
Qualifications: No person shall be appointed assistant treasurer unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree preferably in commerce, public
administration, or law from a recognized college or university
(5) a first grade civil service eligible or its equivalent
(6) He must have acquired at least five (5) years experience in the treasury
or accounting service in the case of the city or provincial assistant
treasurer and three (3) years in the case of municipal assistant
treasurer.
Article iIi – The assessor (Sec. 472)
Qualifications: No person shall be appointed assessor unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree preferably in civil or mechanical
engineering, commerce, or any other related course from a recognized
college or university
(5) a first grade civil service eligible or its equivalent
(6) He must have acquired experience in real property assessment work or
in any related field for at least five (5) years in the case of the city or
provincial assessor, and three (3) years in the case of the municipal
assessor.
L The appointment of an assessor shall be mandatory for provincial, city
and municipal governments.
ASSISTANT ASSESSOR (Sec. 473)
Qualifications: No person shall be appointed assistant assessor unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree preferably in civil or mechanical engineering,
commerce, or any related course from a recognized college or university (5) a first
grade civil service eligible or its equivalent
(6) He must have acquired experience in assessment or in any related field for at
least three (3) years in the case of the city or provincial assistant assessor, and one
(1) year in the case of the city or provincial assistant assessor.
L The appointment of an assistant assessor shall be optional for
provincial, city and municipal governments.
Article iV – THE ACCOUNTANT (Sec. 474)
Qualifications: No person shall be appointed accountant unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a certified public accountant
(5) He must have acquired experience in the treasury or accounting service
for at least five (5) years in the case of the provincial or city accountant,
and three (3) years in the case of the municipal accountant.
L The appointment of an accountant is mandatory for the provincial, city
and municipal governments.
L The incumbent chief accountant in the office of the treasurer shall be
given preference in the appointment to the position of accountant.
Article V – THE BUDGET OFFICER (Sec. 475)
Qualifications: No person shall be appointed budget officer unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree preferably in accounting, economics, public
administration or any related course from a recognized college or university
(5) a first grade civil service eligible or its equivalent
(6) He must have acquired experience in government budgeting or in any related
field for at least five (5) years in the case of the provincial or city budget officer, and
at least three (3) years in the case of the municipal budget officer.
L The appointment of a budget officer shall be mandatory for the
provincial, city, and municipal governments.
L The appropriations for personal services of the budget officer provided
under the Department of Budget and Management shall, upon effectivity
of this Code, be transferred to the local government unit concerned.
Thereafter, the appropriations for personal services of the budget officer
shall be provided for in full in the budget of the local government unit.
Article VI – THE PLANNING AND DEVELOPMENT COORDINATOR (Sec. 476)
Qualifications: No person shall be appointed planning and development coordinator
unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree preferably in urban planning, development studies,
economics, public administration, or any related course from a recognized college
or university
(5) a first grade civil service eligible or its equivalent
(6) He must have acquired experience in development planning or in any related
field for at least five (5) years in the case of the provincial or city planning and
development coordinator, and three (3) years in the case of the municipal planning
and development coordinator.
L The appointment of a planning and development coordinator shall be
mandatory for provincial, city and municipal governments.
Article VIi – THE engineer (Sec. 477)
Qualifications: No person shall be appointed engineer unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a licensed civil engineer
(5) He must have acquired experience in the practice of his profession for
at least five (5) years in the case of the provincial or city engineer, and
three (3) years in the case of the municipal engineer.
 Local officials: qualifications/disqualifications, term and tenure, and succession
L The appointment of an engineer shall be mandatory for the provincial,
city and municipal governments. The city and municipal engineer shall
also act as the local building official.
Article VIii – THE health officer (Sec. 478)
Qualifications: No person shall be appointed health officer unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character, and
(4) a licensed medical practitioner
(5) He must have acquired experience in the practice of his profession for
at least five (5) years in the case of the provincial or city health officer,
and three (3) years in the case of the municipal health officer.
L The appointment of a health officer shall be mandatory for the
provincial, city and municipal governments.
Article ix– THE civil registrar (Sec. 479)
Qualifications: No person shall be appointed civil registrar unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree from a recognized college or university
(5) a first grade civil service eligible or its equivalent
(6) He must have acquired experience in civil registry work for at least five
(5) years in the case of the city civil registrar and three (3) years in the
case of the municipal civil registrar.
L The appointment of a civil registrar shall be mandatory for city and
municipal governments.
Article x– THE administrator (Sec. 480)
Qualifications: No person shall be appointed civil registrar unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree preferably in public administration, law, or
any other related course from a recognized college or university
(5) a first grade civil service eligible or its equivalent
(6) He must have acquired experience in management and administration
work for at least five (5) years in the case of the provincial or city
administrator, and three (3) years in the case of the municipal
administrator.
L The term of administrator is coterminous with that of his appointing
authority.
L The appointment of an administrator shall be mandatory for the
provincial and city governments, and optional for the municipal
government.
Article xI– THE LEGAL officer (Sec. 481)
Qualifications: No person shall be appointed civil registrar unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a member of the Philippine Bar
(5) He must have practiced his profession for at least five (5) years in the
case of the provincial and city legal officer, and three (3) years in the
case of the municipal legal officer.
L The term of the legal officer shall be coterminous with that of his
appointing authority.
L The appointment of legal officer shall be mandatory for the provincial
and city governments and optional for the municipal government.
Article XIi – THE agriculturist (Sec. 482)
Qualifications: No person shall be appointed engineer unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree in agriculture or any related course from a
recognized college or university
(5) a first grade civil service eligible or its equivalent
(6) He must have practiced his profession in agriculture or acquired
experience in a related field for at least five (5) years in the case of the
provincial and city agriculturist, and three (3) years in the case of the
municipal agriculturist.
L The position of the agriculturist shall be mandatory for the provincial
government and optional for the city and municipal governments.
Article XIIi– THE SOCIAL WELFARE AND DEVELOPMENT OFFICER (Sec. 483)
Qualifications: No person shall be appointed engineer unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a duly licensed social worker or a holder of a college degree preferably
in sociology or any other related course from a recognized college or
university
(5) a first grade civil service eligible or its equivalent (6) He must have
acquired experience in the practice of social work for at least five (5)
years in the case of the provincial or city social welfare and
development officer, and three (3) years in the case of the municipal
social welfare and development officer.
L The appointment of a social welfare and development officer is
mandatory for provincial and city governments, and optional for
municipal government.
Article XIV– THE SOCIAL WELFARE AND DEVELOPMENT OFFICER (Sec. 484)
Qualifications: No person shall be appointed engineer unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree preferably in environment, forestry,
agriculture or any related course from a recognized college or university
(5) a first grade civil service eligible or its equivalent
(6) He must have acquired experience in environmental and natural
resources management, conservation, and utilization, of at least five (5)
years in the case of the provincial or city environment and natural
resources officer, and three (3) years in the case of the municipal
environment and natural resources officer.
L The appointment of the environment and natural resources officer is
optional for provincial, city, and municipal governments.
Article XV– THE ARCHITECT (Sec. 485)
Qualifications: No person shall be appointed engineer unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a duly licensed architect
(5) He must have practiced his profession for at least five (5) years in the
case of the provincial or city architect, and three (3) years in the case of
the municipal architect.
L The appointment of the architect is optional for provincial, city and
municipal governments.
Article XVI– THE INFORMATION OFFICER (Sec. 486)
Qualifications: No person shall be appointed engineer unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree preferably in journalism, mass
communication or any related course from a recognized college or
university,
(5) a first grade civil service eligible or its equivalent
(6) He must have experience in writing articles and research papers, or in
writing for print, television or broadcast media of at least three (3) years
in the case of the provincial or city information officer, and at least one
(1) year in the case of municipal information officer.
L The appointment of the information officer is optional for the
provincial, city and municipal governments. The term of the information
officer is coterminous with that of his appointing authority.
Article XVII– THE COOPERATIVES OFFICER (Sec. 487)
Qualifications: No person shall be appointed engineer unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree preferably in business administration with
special training in cooperatives or any related course from a recognized
college or university
(5) a first grade civil service eligible or its equivalent (
(6) He must have experience in cooperatives organizations and
management of at least five (5) years in the case of provincial or city
 Local officials: qualifications/disqualifications, term and tenure, and succession
cooperatives officer, and three (3) years in the case of municipal
cooperatives officer.
L The appointment of the cooperatives officer is optional for the
provincial and city governments
Article XVIII– THE POPULATION OFFICER (Sec. 488)
Qualifications: No person shall be appointed engineer unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree with specialized training in population
development from a recognized college or university
(5) a first grade civil service eligible or its equivalent
(6) He must have experience in the implementation of programs on
population development or responsible parenthood for at least five (5)
years in the case of the provincial or city population officer, and three (3)
years in the case of the municipal population officer.
L The appointment of a population officer shall be optional in the local
government unit: Provided, however, That provinces and cities which
have existing population offices shall continue to maintain such offices
for a period of five (5) years from the date of effectivity of this Code,
after which said offices shall become optional.
Article XIX- THE VETERINARIAN (Sec. 489)
Qualifications: No person shall be appointed engineer unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a licensed doctor of veterinary medicine
(5) He must have practiced his profession for at least three (3) years in the
case of provincial or city veterinarian and at least one (1) year in the
case of the municipal veterinarian.
L The appointment of a veterinarian officer is mandatory for the
provincial and city governments.
Article XX- THE GENERAL SERVICES OFFICER (Sec. 490)
Qualifications: No person shall be appointed engineer unless he is:
(1) a citizen of the Philippines
(2) a resident of the local government unit concerned
(3) of good moral character
(4) a holder of a college degree on public administration, business
administration and management from a recognized college or university
(5) A first grade civil service eligible or its equivalent
(6) He must have acquired experience in general services, including
management of supply, property, solid waste disposal, and general
sanitation, of at least five (5) years in the case of the provincial or city
general services officer, and at least three (3) years in the case of the
municipal general services officer.
L The appointment of a general services officer is mandatory for the
provincial and city governments.
DISQUALIFICATIONS
Sec. 40, R.A. 7160
(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;
The accessory penalty of perpetual special disqualification is a ground for
petition to deny due course or cancel certificate of candidacy under Sec. 78 of
the OEC, because the convict is not eligible for public office, as required by
Sec. 34 of the LGC
(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 citizenship3;
H Cordera v. COMELEC – Unlike those with dual allegiance, who must
comply with the strict requirements of R.A. 9225, it suffices for a dual
citizen by accident of birth that upon the filing of his certificate of
candidacy, he necessarily elects Philippine citizenship and terminates
his status as dual citizen.
3 elected by district, as may be provided for by law.
or those with dual allegiance.
(e) Fugitives from justice in criminal or non-political cases here or
abroad;
H Marquez v. COMELEC – Fugitives of justice in criminal and non-
political cases here and abroad include not only those who flee after
conviction to avoid punishment, but likewise those who after being
charged, flee to avoid prosecution.
(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.
H De la Torre v. COMELEC – Violation of the Anti-Fencing Law
involves moral turpitude, and the only legal effect of probation is to
suspend the implementation of the sentence. Thus, the disqualification
still subsists.
H Villaber v. COMELEC – Violation of B.P. 22 is a crime involving
moral turpitude, because the accused knows at the time of the issuance
of the check that he does not have sufficient funds in, or credit with, the
drawee bank for payment of the check in full upon presentment.
H Marquez v. COMELEC – The Court held that Art. 73 of the Rules
Implementing R.A. 7160, to the extent that it confines the term fugitive
from justice” to refer only to a person “who has been convicted by final
judgment” is an inordinate and undue circumscription of the law. The
term includes not only those who flee after conviction to avoid
punishment, but likewise those who, after being charged, flee to avoid
prosecution.”
H Rodriguez v. COMELEC – It was held that Rodriguez cannot be
considered a “fugitive from justice”, because his arrival in the Philippines
from the U.S. preceded by at least five months the filing of the felony
complaint in the Los Angeles Court and the issuance of the warrant for
his arrest by the same foreign court.
H Sobejana-Condon v. COMELEC – Foreign citizenship must be
formally rejected through an affidavit duly sworn before an officer
authorized to administer oath.
H Maquiling v. COMELEC – Dual Citizens by naturalization are
required to take not only the Oath of Allegiance to the Republic of the
Philippines, but also to personally renounce foreign citizenship in order
to qualify as candidate for public office.
If after he had renounce his foreign citizenship, he should still use his
foreign passport, he is not divested of his Filipino citizenship which he
acquired by taking the oath of allegiance.
However, by representing himself as a foreign citizen, he voluntarily and
effectively reverted to his earlier status as a dual citizen. Such reversion
was not retroactive; it took place the moment he represented himself as
a foreign citizen by using his foreign passport.
As a dual citizen, he was qualified to vote, but by express
disqualification under Section 40(d) of the LGC, he was not qualified to
run for a local elective position.
By being barred from even becoming a candidate, his certificate of
candidacy is thus rendered void from the beginning.
Without a valid COC, he is, therefore, a non- candidate, and the votes
cast in his favor should not have been counted.
H Caasi v. COMELEC – Possession of a green card is ample evidence
that one is an immigrant to the United States.
Other related provisions
Manner of Election (Sec. 41)
a) The governor, vice-governor, city mayor, city vice-mayor,
municipal mayor, municipal vice-mayor, and punong barangay
shall be elected at large in their respective units by the
qualified voters therein. However, the sangguniang kabataan
chairman for each barangay shall be elected by the registered
voters of the katipunan ng kabataan, as provided in this Code.
b) The regular members of the sangguniang panlalawigan,
sangguniang panlungsod, and sangguniang bayan shall be
 Local officials: qualifications/disqualifications, term and tenure, and succession
Sangguniang barangay members shall be elected at large. The
presidents of the leagues of sanggunian members of
component cities and municipalities shall serve as ex officio
members of the sangguniang panlalawigan concerned. The
presidents of the "liga ng mga barangay and the pederasyon
ng mga sangguniang kabataan" elected by their respective
chapters, as provided in this Code, shall serve as ex officio
members of the sangguniang panlalawigan, sangguniang
panlungsod, and sangguniang bayan.
c) In addition thereto, there shall be one (1) sectoral
representative from the women, one (1) from the workers, and
one (1) from any of the following sectors: the urban poor,
indigenous cultural communities, disabled persons, or any
other sector as may be determined by the sanggunian
concerned within ninety (90) days prior to the holding of the
next local elections as may be provided for by law. The
COMELEC shall promulgate the rules and regulations to
effectively provide for the election of such sectoral
representatives.
Date of Elections (Sec. 42)
Unless otherwise provided by law, the elections for local officials shall be
held every three (3) years on the second Monday of May.
Term of office
c Applicable to appointive and elective officials
Sec. 43, R.A. 7160
4 3 years, starting from noon of June 30, 1992 or such date as may be
provided for by law, except that of elective barangay officials.
4 No local elective official shall serve for more than 3 consecutive terms
in the same position
Sec. 2, R.A. 9164
4 Barangay officials and the members of the SK shall be 3 years.
4 No barangay official shall serve for more than 3 consecutive terms in
the same position. Provided, however, that the term office shall be
reckoned from the 1994 Barangay elections
Sec. 43, par. b, LGC
4 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 was elected
H Borja v. COMELEC – The three-term limit on a local official is to be
understood to refer to terms for which the official concerned was
elected. Thus, a person who was elected Vice Mayor in 1988 and who,
because of the death of the Mayor, became Mayor in 1989, may still be
eligible to run for the position of Mayor in 1998, even if elected as such
in 1992 and 1995.
H Adormeo v. COMELEC – Consequently, 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 times before the disqualification can apply.
THREE TERM LIMIT RULE
The three-term limit applies to bar an election for a 4th consecutive term
when:
(1) the local official has been elected in a regular election, for
three consecutive preceding terms for the same position
(2) he has fully served the three consecutive terms for which he
has been elected
H Socrates v. COMELEC – The constitutional and statutory provisions
have two parts. The first part provides that an elective local official
cannot serve for more than three consecutive terms. The second part
states that voluntary renunciation of office for any length of time does
not interrupt the continuity of service. The clear intent is that involuntary
severance from office for any length of time interrupts continuity of
service and prevents the service before and after the interruption from
being joined together to form continuous service or consecutive terms.
After three consecutive terms, an elective local official cannot seek
immediate re-election for a 4th term. The prohibited election refers to the
next regular election for the same office following the end of the third
consecutive term.
Any subsequent election, like a recall election, is no longer covered by
the prohibition for two reasons. First, a subsequent election like a recall
election is no longer an immediate re- election after three consecutive
terms. Second, the intervening.period constitutes an involuntary
interruption in the continuity of service
H Rivera v. COMELEC and Morales - Respondent Morales was
elected and served as Mayor of Mabalacat, Pampanga, for the terms
commencing July 1, 1995 to June 30, 1998, and July 1, 2001 to June
30, 2004. He served his second term from July 1, 1998 to June 30,
2001, but claims that he was merely a “de facto officer” or a “caretaker”,
because his proclamation was declared void by the COMELEC,
although the winning candidate never actually served as Mayor.
At the time of the controversy, he was serving as Mayor, having been
proclaimed as winning candidate in the election of May, 2004, for the
term from July 1, 2004 to June 30, 2007. His election and proclamation
was challenged, because this would constitute his “fourth consecutive
term” as Mayor, in violation of the prohibition against serving for more
than three consecutive terms.
Reiterating Latasa v. COMELEC, the Court said that the framers of the
Constitution specifically included an exception to the people’s freedom
to choose those who will govern them in order to avoid the evil of a
single person accumulating excessive power over a particular territorial
jurisdiction as a result of prolonged stay in the same office.
Citing Ong v. Alegre, for the three- term limit for elective local
government officials to apply, two conditions must concur:
(a) the official concerned has been elected for three
consecutive terms in the same local government post; and
(b) he has served three consecutive terms.
Applying these requisites in Ong, it was held that Morales should be
disqualified as Mayor, because as of June 30, 2004, he had already
served as Mayor for three consecutive terms.
The fact that he was ousted as Mayor on his second term in the
electoral protest filed by petitioner Dee does not constitute an
interruption in serving the full term (from 1998- 2001).
He was proclaimed elected in 1998; he assumed the position; and he
served as Mayor until June 30,2001. He was Mayor for the entire period
notwithstanding the decision of the RTC in the electoral case ousting
him as Mayor.
Whether as caretaker or as de facto officer, he exercised the powers
and enjoyed the perquisites of the office.
H Naval v. COMELEC - The petitioner was elected and served as
member of the Sangguniang Panlalawigan, Second District of
Camarines Sur from 2004 to 2007, and 2007 to 2010. In 2009, the
President approved RA 9716 which reapportioned the legislative
districts in the province.
In the 2010 election, Naval won again, this times as member of the
Sangguniang, Third District. In the 2013 election, he was reelected as
member of the Sangguniang, Third District.
Another candidate for the Sanggunian, Third District filed with the
COMELEC a petition to deny due course to Naval’s COC on the ground
that he had already serve three terms as member of the Sanggunian
Panlalawigan of Camarines Sur from 2004 to 2013.
The Supreme Court upheld his disqualification, inasmuch as the
provisions of RA 9761 show that the current district was stull
substantially the old Second District. The law plainly stated that the
Second District is to be created, but the Third District is to be renamed.
Thus, Naval was still running for the same position in violation of the
three-term limit rule. It cannot be denied that the district which elected
him for the third and fourth time is the same one which brought him to
office in 2004 and 2007.
succession
 Local officials: qualifications/disqualifications, term and tenure, and succession
Permanent Vacancies (Sec. 44, R.A. 7160) – arises when an elective
local official:
 fills a higher vacant office
 refuses to assume office
 fails to qualify
 dies,
 is removed from office,
 voluntarily resigns
 absent without leave for more then 3 months (in the case of
Sanggunian Chairman)
 is permanently incapacitated to discharge the functions of his
office.
If a permanent vacancy occurs in:
N Governor or mayor – the vice governor or vice mayor shall succeed
N Vice-governor or vice-mayor – the highest ranking sangguniang
member, or in case of his permanent inability, the second highest ranking
sanggunian member, and subsequent vacancies shall be filled
automatically by other sanggunian members according to their rankings
 ranking shall be determined on the basis of proportion of votes
obtained by each candidate to the total number of registered
voters
H Victoria v. COMELEC – the Supreme Court rejected the contention
that this provision be interpreted by factoring the number of voters who
actually voted, because the law is clear and must be applied—and the
courts may not speculate as to the probable intent of the legislation
apart from the words used in the law.
H Menzon v. Petilla – this mode of succession for permanent vacancies
may also be observed in case of temporary vacancies in the same
office.
N Punong barangay – the highest ranking sanggunian barangay member,
or in case of his permanent inability, the second highest ranking
sanggunian barangay member. [A tie between or among the highest
ranking sanggunian members shall be resolved by drawing of lots.
N Sangguniang member, where automatic successions provided by law
do not apply:
 Sanggunian panlalawigan or sanggunian panlunsod of highly
urbanized cities - appointment by the President, through the
Executive Secretary
 Sangguniang panlunsod of component cities and sangguniang
bayan – by the Governor
 Sangguniang barangay – by the mayor, upon recommendation
of the sangguniang barangay concerned
o Must not have party affiliations
H Fariñas v. Barba – where the vacancy to be filled was that of a
member of the Sangguniang Bayan who did not belong to any political
party, the Supreme Court held that neither the petitioner nor the
respondent was validly appointed. Not the petitioner, because although
he was appointed by the Governor, he was not recommended by the
Sangguniang Bayan. Neither the respondent, because although he was
recommended by the Sangguniang Bayan, he was not appointed by the
Governor
However: Except for sangguniang barangay, only the nominee of
political party under which the sanggunian member concerned has
been elected and whose elevation to the position next higher in rank
created the last vacancy in the sanggunian shall be appointed.
c Conditions sine qua non:
o Nomination
o Certificate of membership
c Requirements for the appointee:
 Must be a nominee of the political party of the Saggunian
who caused the vacancy, except for Sangguniang
Barangay
 Shall only observe the unexpired term of the vacant office
c In case an appointment without such conditions shall me made, it
shall be null and void and shall be a ground for administrative
action against the official concerned.
c In case a permanent vacancy is caused by the sanggunian
member who does not belong to any political party, the local chief
executive shall, upon recommendation of the sanggunian
concerned, appoint a qualified person
H Navarro v. COMELEC – The reason behind the right given to a
political party to nominate a replacement when a permanent vacancy
occurs is to maintain the party representation as willed by the people in
the election.
In this case, the elevation of Tamayo, who belonged to Reforma-LM, to
the position of Vice Mayor, a vacancy occurred in the Sanggunian that
should be filled up with someone who belongs the same political party
as Tamayo. Otherwise, Reforma-LM’s representation in the Sanggunian
will be diminished.
To argue that the vacancy created was that formerly held by the 8th
Sanggunian member, a Lakas-NUCD-Kampi member, would result in
the increase in that party’s representation in the Sanggunian at the
expense of Reforma-LM.
H La Carlota v. Atty. Rex Rojo – In determining a quorum in the
Sangguniang Panlungsod, its entire membership must be taken into
account, including the City Vice Mayor, as presiding officer.
N Youth and barangay representatives in the Sanggunian – filled
automatically by the official next-in-rank.
H Garvida v. Sales – Under the LGC, the member of the SK who
obtained the next highest number of votes shall succeed the Chairman,
if the latter refuses to assume office, fails to qualify, dies, is removed
from office, voluntarily resigns or is permanently incapacitated to
discharge the functions of his office, or is absent without leave for more
then 3 months. Ineligibility is not one of the causes enumerated in the
LGC. Thus, to avoid hiatus in the Chairman’s office, the vacancy should
be filled by the member of the SK chosen by the SK members, by
simple majority.
GR: the candidate obtaining 2nd highest number of votes for a contested
office cannot assume the office despite the disqualifications of the 1st
place because the 2nd place was not the choice of the sovereign will.
XPN: the 2nd placer will take the place of the disqualified candidate when:
1) the proclaimed winner is disqualified on the ground of
committing election offenses under OEC, Sec. 68; or
2) the proclaimed winner is disqualified on the ground that he was
never a candidate in the first place, as his COC was void ab
initio under OEC, Secs. 69 and 78 (Maquiling v. COMELEC)
When the Maquiling rule applies, succession under the LGC will not
apply.
Temporary Vacancies (Sec. 44, R.A. 7160)
l Governor, City or Municipal Mayor, or Punong Barangay is:
 On leave of absence,
 travelling abroad, and
 suspensded from office,
The vice-governor, city or municipal vice-mayor, or the highest ranking
sangguniang barangay member shall automatically exercise the powers
and perform the duties and functions of the local chief executive
concerned,
Except:
 the power to appoint, suspend, or dismiss employees which
can only be exercised if the period of temporary incapacity
exceeds thirty (30) working days.
Temporary incapacity shall terminate:
i. upon submission to the appropriate sanggunian of a written
declaration by the local chief executive concerned that he has
reported back to office.
ii. In cases where the temporary incapacity is due to legal
causes, the local chief executive concerned shall also submit
 Local officials: qualifications/disqualifications, term and tenure, and succession
necessary documents showing that said legal causes no
longer exist.

l Incumbent local chief executive is traveling within the country but

outside his territorial jurisdiction for a period not exceeding 3 consecutive
days, he may designate, in writing, the officer-in-charge of the said office,
and shall specify the powers and functions that the local official
concerned shall exercise in the absence of the local chief executive
except the power to appoint, suspend, or dismiss employees.

In the event that the local chief executive concerned fails or refuses to
issue such authorization, the vice-governor, the city or municipal vice-
mayor, or the highest ranking sangguniang barangay member, as the
case may be, shall have the right to assume the powers, duties, and
functions of the said office on the 4th day of absence of the said local
chief executive, subject to the limitations provided in subsection (c)
hereof.

(d) Except as provided above, the local chief executive shall in no

case authorize any local official to assume the powers, duties,
and functions of the office, other than the vice-governor, the
city or municipal vice-mayor, or the highest ranking
sangguniang barangay member, as the case may be.

Last Vacancy (Sec. 45, R.A. 7160)

l that created by the elevation of the member formerly occupying the
next higher in rank which in turn also had become vacant by any causes
enumerated.