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SECTION 48: LOCAL LEGISLATIVE POWER
VALIDITY OF AN ORDINANCE
For an ordinance to be valid, it must not only be within the corporate powers of the municipal
corporation to enact but must also be passed according to the procedure prescribed by law, and must
be in consonance with principles of a substantive nature.
These principles require that a municipal ordinance:
1) Must not contravene the Constitution or any statute
2) Must not be unfair or oppressive
3) Must not be partial or discriminatory
4) Must not prohibit but may regulate trade
5) Must be general and consistent with public policy
6) Must not be reasonable
PRESUMPTION OF VALIDITY
An ordinance is presumed to be valid where it has reference to a subject matter which is within the
corporate jurisdiction, unless the contrary appears on the face of the ordinance itself.
EFFECT OF PARTIAL INVALIDITY
It is a fundamental principle that a stature or ordinance may be valid in one part and invalid in
another part, and that, if the invalid part is severable from the rest, the part which is valid may
remain.
“CONSISTENT WITH LAW”
General rule: Ordinances regulating subjects, matters, and things on which there is a general law of
the state must be in harmony with that state law, and in any conflict between an ordinance and a
statute the latter must prevail, unless under the statutes or law of the state the ordinances plainly and
specifically is given predominance in a particular instance or as to a particular subject matter.
REASONABLENESS
Ordinances must be reasonable and not oppressive, and unreasonable ordinances are void.
It has been said that the reasonableness of an ordinance depends on whether it tends to accomplish
the objects for which the municipality exists.
An ordinance will not be declared unreasonable when the ff. factors are present:
1) The ordinance is within the powers of the municipal corporation
2) The ordinance is positive, definite, and certain in its terms
3) The ordinance is general, uniform, and impartial in its operation
4) The ordinance is not in restraint of trade, oppressive or in contravention of common
rights
The test of the validity and constitutionality of a particular ordinance is not what has been done
under it, but what the law or ordinance authorizes to be done under its provisions.
DEFINITE AND CERTAIN
An ordinance must be clear, precise, definite, and certain in its terms, and an ordinance vague to the
extent that its precise meaning cannot be ascertained is invalid, although otherwise it is
constitutional and valid.
Public Corporation | Dr. Angeles Atty. Yamamoto - Santos
The due process clause requires that a city ordinance must be definite and certain in its statement of
prohibited conduct to enable persons of ordinary intelligence who read the ordinance to understand
what activity is proscribed and govern their actions accordingly.
The following 2 inquiries are appropriate when determining whether an ordinance is invalid for
vagueness:
1) Whether the ordinance gives fair warning to those persons potentially subject to it
2) Whether the ordinance adequately guards against arbitrary and discriminatory
enforcement
ORDINANCE UNDER EXPRESS AND SPECIFIC POWER
An ordinance will be sustained, regardless of the opinion of the court respecting its reasonableness,
where its terms and provisions are expressly and specifically authorized by charter or statutory
authority, where it is not inconsistent with the Constitution, treaties or laws, and where the power to
enact it has been substantially followed and exercised in a reasonable manner.
- The reason for the rule is found in the principle that questions of wisdom and expediency
in authorizing a municipality to enact certain legislation are for the legislature and not the
courts
ORDINANCE UNDER GENERAL, IMPLIED OR INCIDENTAL POWER
The reasonableness of an ordinance passed under a general, implied, or incidental power, and not by
virtue of express charter or statutory authorization, is open to inquiry by the courts.
The power to pass the ordinance is general when the manner of exercising it is not specified, or
when the ordinance has not been expressly ratified by the legislature.
Courts will review the question of reasonableness of ordinances passed under a grant of power
general in its nature, or under incidental or implied municipal powers, and, if any given ordinance is
found unreasonable, will declare it void as a matter of law.
- The reason is that in every power given to a municipal corporation to pass by laws or
ordinances there is an implied restriction that the by-laws or ordinances will be
reasonable, consistent with the general law and policy of the state, uniform in their
operation, and promotive rather than destructive of lawful businesses and occupations
Ordinances adopted by exercise of the initiative or sustained by exercise of the referendum, where
they are authorized under general or under implied powers, are also subject to the rule that they
must, in order to be valid, meet the test of reasonableness.
EFFECT IF REASONABLE IN SOME INSTANCES
An ordinance that may operate reasonably in some instances or circumstances and unreasonably in
others had been ruled not to be wholly void or to be set aside in toto.
EVIDENCE REQUIRED
The unreasonableness of an ordinance must be pled and proven, and the burden of proof its
unreasonableness is on the party asserting it, since an ordinance is presumed to be reasonable.
“NOT PARTIAL OR DISCRIMINATORY”
The unreasonableness of an ordinance is to be measured by its effect on the whole class to which it
applies and not by its effect upon any particular individual attacking it.
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“NOT IN PROHIBITION OF TRADE”
There must be some logical connection between the object sought to be accomplished by an
ordinance regulating a business or trade and the means prescribed to accomplish the end; otherwise,
the ordinance is unreasonable and void. The fact that economic hardships may result from the
enforcement of an ordinance adopted for the protection of the public health, safety, or welfare does
not affect its constitutional validity unless the ordinance is shown t be clearly unreasonable or
discriminatory.
JUDICIAL REVIEW OF VALIDITY OF ORDINANCES
The courts have power to determine the validity of an ordinance. This includes preelection review of
initiatives and referenda. When courts are called upon to determine the constitutionality of a local
act, they must proceed from the presumption that the local act is constitutional and valid. Such
power of the court is not restricted or limited by any recitals in the ordinances of purpose and reason
for its enactment; such recitals are not controlling on the court.
The extent of the power of the courts in connection with municipal affairs is to see that the
limitations existing under or powers granted by the Constitution and the laws are not transcended.
The power of a court to pass upon the validity of an ordinance is restricted to ordinances enacted
under general, implied or incidental powers.
A court generally has no power to pass upon the validity of the ordinance except as that validity is
involved in a determination of the constitutionality of the charter or statutory provision authorizing
the ordinance.
DECLARATORY RELIEF
Rule 63 of the Rules of Civil Procedure governs petitions for declaratory relief. Notification of the
Solicitor General where the ordinance is alleged to be unconstitutional is a matter left to the
“discretion” of the Court. In as much as the requirement is not mandatory but discretionary, non-
compliance does not affect the jurisdiction of the court or the validity of the proceedings therein.
INJUNCTION
A municipality’s good faith exercise of its lawmaking power ordinarily will not be restrained or
interfered with by a court of equity, and therefore, the passage of an ordinance or resolution within
the scope of the corporate powers will not be judicially questioned or restrained by injunction.
The proper remedy in such cases is by injunction to prevent the execution or enforcement of the
irregular action. However, an injunction may issue in cases where the mere passage of an ordinance
or resolution beyond the scope of the corporate power, without any action or attempt to enforce it,
would instantly produce irreparable injury.
CERTIORARI NOT PROPER REMEDY
For a writ of certiorari to issue, the ff. requisites must concur:
1) It must be directed against a tribunal, board, or officer exercising judicial or quasi-
judicial functions
2) The tribunal, board, or officer must have acted without or in excess of jurisdiction or with
grave abuse of discretion amounting lack or excess of jurisdiction
3) There is no appeal or any plain, speedy, and adequate remedy in the ordinary course of
law
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A respondent is said to be exercising judicial functions where he has the power to determine what
the law is and what the legal rights of the parties are, and then undertakes to determine these
questions and adjudicate upon the rights of the parties.
Quasi-judicial function:
- A term which applies to the actions, discretion, etc., of public administrative officers or
bodies required to investigate facts or ascertain the existence of facts, hold hearings, and
draw conclusions from them as a basis for their official action and to exercise discretion
of a judicial nature
Before a tribunal, board, or officer may exercise judicial or quasi-judicial acts, it is necessary that
there be a law that gives rise to some specific rights of persons or property under which adverse
claims to such rights are made, and the controversy ensuing therefrom is brought before a tribunal,
board, or officer clothed with power and authority to determine the law and adjudicate the respective
rights of the contending parties.
POWER TO REPEAL ORDINANCE
General rule: Power to enact ordinances implies power, unless otherwise provided in the grant, to
repeal them.
A municipal corporation can repeal an ordinance only by an act of equal dignity, that is, by an
ordinance, and not by methods not passed and published with the same formality as is required of an
ordinance. To accomplish the repeal of an ordinance by a later ordinance there must either be
language employed in the later ordinance expressly declaring the intention to repeal the earlier
language, or there must exist in the subsequent ordinance language so inconsistent with the
provisions of the former as to necessarily effect a repeal by implication.
IMPLIED REPEALS
Implied or constructive repeals are not favoured by the courts and are to be avoided, where possible,
by any reasonable construction; the rule is applicable to municipal ordinances as well as to statutes.
In the absence of an express repeal, the indication of an intention to effect a repeal of prior
legislation must be clear and compelling. Repeals by implication may be found only when there is an
irreconcilable conflict between the two laws or ordinances or when reasonable construction can lead
to no other result.
INTERPRETATION OF ORDINANCES
In general, municipal ordinances are to be construed by the same rules that govern the construction
of statutes.
However, courts in many instances have held that ordinances are especially entitled to a more
reasonable construction because they are usually less carefully expressed than other laws.
SANGGUNIAN DOES NOT POSSESS CONTEMPT OR SUBPOENA POWER
The contempt power of the legislature, is, therefore, sui generis, and local legislative bodies cannot
correctly claim to possess it for the same reasons that the national legislature does.
Absent a constitutional or legal provision for the exercise of these powers, the only possible
justification for the issuance of a subpoena and for the punishment of non-members of the
contumacious behaviour would be for said power to be deemed implied in the statutory grant of
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delegated legislative power. But, the contempt power and the subpoena power partake of a judicial REGULATION OF PROFESSION
nature. They cannot be implied in the grant of legislative power. Neither can they exists as mere
incidents of the performance of legislative functions. To allow local legislative bodies or GRANT OF A LICENSE/PERMIT TO DO ISSUANCE OF A LICENSE
administrative agencies to exercise these powers without express statutory basis would run afoul of BUSINESS
the doctrine of separation of powers. Usually granted by the local authorities Issued by the Board or Commission tasked to
regulate the particular profession
POWER TO LICENSE Authorizes the person, natural or otherwise, to The grant of authority to a natural person to
The municipal license is essentially a governmental restriction upon private rights and is valid only engage in business or some form of commercial engage into the practice or exercise of his or her
if based upon an exercise by the municipality of its police or taxing powers. The right or privilege activity profession
involved is one that naturally inheres in persons but which the municipality has by law restricted,
and which by means of a license it restores or partially restores to the individual. A city mayor cannot, through the issuance of such permit, regulate the practice of a profession. Such
a function is within the exclusive domain of the administrative agency specifically empowered by
POWER TO LICENSE AS POWER TO PROHIBIT law to supervise the profession.
The power of regulation and licensing may constitute or imply power to prohibit businesses or
activities that are inherently or potentially of menace to the public welfare, health, safety, morals or LICENSES NOT ESTOPEED TO QUESTION VALIDITY
order. However, the existence of power to license involves power to prohibit an activity, use, or A license or permit is not in the nature of a contract but a special privilege.
thing without a license, and to impose a penalty for violation of the prohibition.
TERRITORIAL LIMITATIONS ON OPERATION OF ORDINANCES
NATURE OF LICENSE Municipal ordinances are necessarily local in their application. Usually they operate only in the
There is no contract or vested right or property in a license or permit as against the power of the state territory of the municipality by which they are enacted and can have no force beyond it without a
or a municipality to revoke it for cause or in the existence of the police power to protect the public grant of power.
health, safety, morals or welfare.
SECTION 49: PRESIDING OFFICER
DELEGATION OF LICENSING POWER
Power to license and fix rates vested in the municipal legislative body cannot be delegated. EFFECT OF VICE-MAYOR, ETC. STATUS AS PRESIDING OFFICER
Where the presiding officer or mayor is a member of the council or governing body, unless expressly
The general rule is that administrative but not legislative powers can be delegated to boards or forbidden by law, it is generally held that he may not only vote on all questions as a constituent
officials relative to licenses and permits. Administrative municipal licensing authorities have no member, but where the charter gives him a casting vote in event of a tie, may vote the second time.
power to declare a legislative policy or to create standards with respect to the granting or denial of a
license. He may be without vote except in the case of a tie as where he is merely the executive or presiding
officer and not a member. In such case, his vote cannot be counted in determining whether or not
AMOUNT OF LICENSE FEE there is a majority vote, nor can he vote so as to make a tie and then give the casting vote. He gives
The grant to a municipal corporation of the power to license implies power to impose a license fee or the casting vote, where he is empowered to do so, only in the event of a tie vote.
tax unless this is specifically withheld in the grant. If the power is granted for revenue purposes,
generally the amount of the tax is left to the discretion and judgment of municipal authorities; but if PRESIDING OFFICERS AND DETERMINATION OF QUORUM
it be given as a police power for regulation merely, the amount of the tax or fee must be limited to As the presiding officer, the vice-mayor can vote only to break a tie. In effect. The presiding officer
approximately the cost of regulation. votes when it matters the most, that is, to break a deadlock in the votes. Clearly, the vice-mayor, as
presiding officer, is a “member” of the Sangguniang Panlungsod considering that he is mandated
POWER TO REVOKE LICENSE under Section 49 of RA 7160 to break a tie.
Municipal corporations that have issued license or permits have power and discretion to revoke them
for good cause, either under express or necessarily implied power. Municipal power and discretion SECTION 50: INTERNAL RULES OF PROCEDURE
in this respect ordinarily is not absolute but depends upon the terms of pertinent statutes and
ordinances and the nature of the business or activity for which the license or permit was issued. INTERNAL RULES OF PROCEDURE
In the absence of legal provisions or restrictions, a municipal legislative body mat, from time to
WHERE POWER TO ISSUE/REVOKE PERMIT ALSO GOVERNED BY NATIONAL LAW time, adopt and change, abolish, suspend, modify, or waive its own rules or parliamentary usage as
Page 164 to procedure. This also may be done by implication, when action is had not in accordance therewith.

CONSTRUCTION OF RULES AND ACTS

Any action taken by a local legislative body is presumed to have been in conformity with its own
rues or parliamentary usage as to procedure.

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MODE OF LEGISLATIVE ACTION
Legislative action must ordinarily be by ordinance, bylaw, or resolution, or its equivalent. Where the
charter provides that the action of the legislative body shall be by ordinance or resolution, it must act
in the manner prescribed. Where no particular method of action is pointed out, any form of
procedure which the council may adopt in expressing its determination if such action is made to
appear in the record of the proceedings in some written permanent form, as by the record in the
minutes of an oral motion on the vote, or by a motion adopting the recommendation of a council
committee.
NUMBER OF READINGS REQUIRED
It appears that a three reading requirement may be inferred from Section 5 of the Code which
provides that disclosures of business and financial interests must be made by a sanggunian member
before voting for the ordinance or resolution on second and third readings.
Article 107 of the Rules and Regulations Implementing the LGC provides that a resolution must be
enacted in the same manner prescribed for an ordinance, except that it need not go through a third
reading for its final consideration unless decided otherwise by a majority of all the sanggunian
members.
RATIFICATION OF ACTS
A governmental body may effectively ratify what it could previously have lawfully authorized.
Ratification after the act is said to be as potent as authority before the act. However, ratification must
be made with the same formalities required for the original exercise of power. There can be no legal
confirmation or ratification of ultra vires acts, nor of acts under a void law.
RESCISSION OF ACTS
The legislative body of the corporation, or any of its boards or departments, possesses the
unquestioned power to rescind prior acts, and votes at any subsequent time until the act or vote is
complete, provided vested rights are not violated, and that such rescission is in conformity to the law
applicable and the rules and regulations adopted for the government of the body.
COMMITTEES
Special committees also exist, and may be created when required, for example, to investigate, take
evidence and report concerning pending and contemplated legislation in the public interest, and for
other purposes relating to the functions of the body. Such committees are mere agencies or
instrumentalities of the governing body which may reject the advice and recommendation given.
While it is true that the council may not delegate its powers to a committee, when it ratifies the act of
the committee in due form it becomes the act of the council.
MANDATORY COMMITTEES
1) Appropriations
2) Women and family
3) Human rights
4) Youth and sports development
5) Environmental protection
6) Cooperatives
REQUIREMENT OF ADOPTING RULES OF PROCEDURE
Section 50 and 52 of the Code does not mean that no other business may be transacted on the first
regular session except to take up the matter of adopting or updating the rules. To construe it as such
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would lead to absurd results since the adoption or updating would necessarily entail work beyond the
day of the first regular session and this would tie the hands of the local council such that it could not
work on any other matter.
SANGGUNIAN HAS NO CONTEMPT POWER
The contempt power of the legislature is sui generis and local legislative bodies cannot correctly
claim to possess it for the same reasons that the national legislature does. The power attaches not to
the discharge of legislative functions per se but to the character of the legislature as one of the three
independent and coordinate branches of government.
The only possible justification for the issuance of a subpoena and for the punishment of non-
members for contumacious behaviour would be for said power to be deemed implied in the statutory
grant of delegated legislative power. But, the contempt power and the subpoena power partake of a
judicial nature. They cannot be implied in the grant of legislative power. Neither can they exist as
mere incidents of the performance of legislative functions. To allow local legislative bodies or
administrative agencies to exercise these powers without express statutory basis would run afoul of
the doctrine of separation of powers.
SECTION 51: FULL DISCLOSURE OF FINANCIAL AND BUSINESS INTERESTS OF
SANGGUNIAN MEMBERS
SECTION 52: SESSIONS
“QUORUM” DEFINED
 That number of members of a body which, when legally assembled in their proper places
will enable the body to transact its proper business or that number which makes a lawful
body and gives it power to pass upon a law or ordinance or do any valid act
BASE FOR QUORUM
Majority means the number greater than half or more than half of any total.
EFFECT OF LACK OF QUORUM
Legislation, which is the principal function and duty of the sanggunian, requires the participation of
all its members so that they may not only represent the interests of their respective constituents but
also help in the making of decisions by voting upon every question put upon the body.
QUORUM FOR RESOLUTIONS
The Rules and Regulations Implementing the Local Government Code require the concurrence of
the approval by the majority of the members present and the existence of a quorum in order to
validly enact a resolution.
CHANGE OF QUORUM BY SANGGUNIAN
Where the stature or charter prescribes the number that shall constitute a quorum, it cannot be
changed by the body.
POWER OF COURT TO DETERMINE COMPLIANCE
Courts have jurisdiction to determine compliance of Sanggunians with the quorum requirement. The
court is called upon to determine whether the Sanggunian complied with the LGC and its
implementing rules.
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PURPOSE OF ARREST
To compel their attendance at the session of the sanggunian, not to prosecute him criminally.
SECTION 54: APPROVAL OF ORDINANCES
COMPLIANCE WITH PROCEDURE FOR ENACTMENT OF ORDINANCES
Substantial compliance with requisite procedure in enactment of an ordinance is prerequisite to its
validity, and no ordinance is valid unless and until mandatory prerequisites to its enactment and
promulgation are substantially observed.
PROCEDURE FOR ENACTMENT OF RESOLUTIONS
The Implementing Rules of the LGC provide that resolutions are enacted in the same manner
prescribed for an ordinance, except that it need not to go through a third reading for its final
consideration unless decided otherwise by a majority of all the sanggunian members.
VALIDATION OF VOID OR DEFECTIVE ENACTMENT OF ORDINANCES
Where a defect occurs in proceedings of a municipal legislative body, that defect ordinarily may be
cured by new proceedings commencing at the point where the defect occurred. A municipality
cannot by a subsequent act validate an unauthorized ordinance, one which is ultra vires, or beyond
the scope of the municipal corporation to enact.
The ordinance may also be cured and rendered valid by statute where there is no constitutional
inhibition and where the legislature originally had power to authorize the enactment of the ordinance
and at the time of its enactment had done so, provided that vested rights are not impaired by the
curative legislation.
SECTION 55: VETO POWER OF THE LOCAL CHIEF EXECUTIVE
LINE ITEM VETO PROHIBITED
As a general rule, line item vetoes of ordinances by the local chief executive are prohibited.
The exceptions are:
1) Appropriations ordinances
2) An ordinances or resolutions adopting a local development plan and public investment
programs
3) Ordinances directing the payment of money or creating liability
REASONS FOR VETO
Ordinances may be vetoed for being ultra vires or prejudicial to the public welfare.
ULTRA VIRES DEFINED
 An act performed without any authority to act on the subject
EFFECT OF VETO
When an entire ordinance is vetoed, the subject ordinance does not become effective. Where an item
of an ordinance is vetoed, the veto shall not affect the item or items which are not objected to.
However, the veto may be overridden by 2/3 vote of the proper sanggunian. In such a case, the
ordinance shall become effective as if it has been signed by the local chief executive.
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SECTION 56: REVIEW OF COMPONENT CITY AND MUNICIPAL ORDINANCES OR
RESOLUTIONS BY THE SANGGUNIANG PANLALAWIGAN
APPLICABILITY TO INDEPENDENT CITIES
This provision is not applicable to independent cities. It is only applicable to component cities and
municipalities of the province.
REVIEW POWER OF SANGGUNIANG PANLALAWIGAN
Section 153 of BP 337 grants the Sangguniang Panlalawigan the power to declare a municipal
resolution or ordinance invalid on the sole ground that it is beyond the power of the lower
Sanggunian or Mayor to issue. Absolutely no other ground is recognized by law.
APPLIED
The provincial board may not invalidate an ordinance authorizing the municipal mayor to
expropriate a property on the ground that such is unnecessary.
EFECT OF SANGGUNIANG’S DECLARATION
An ordinance must conform and be subordinate to the charter, and can no more change or limit the
effect of the charter than a legislative act can modify or supersede a provision of the constitution of
the state. Ordinances must not conflict in any degree with its object or with the purposes for which
the local corporation is organized.
EFFECT OF LAPSE OF 30 DAY PERIOD UNDER SECTION 56(D)
It is submitted that the lapse of the 30-day period for the sangguniang panlalawigan to decide does
not foreclose judicial review of the validity of the ordinance. Neither does this section deprive the
sangguniang panlalawigan of the authority to declare an ordinance as ultra vires. The section merely
provides that the ordinance is presumed to be consistent with law.
JUDICIAL REVIEW OF SANGGUNIANG PANLALAWIGAN’S ACTIONS
Where the sangguniang panlalawigan exercises its power of supervision and declares that an
ordinance or resolution is beyond the power of the sanggunian concerned, it exercises a quasi-
judicial function. The action of the sangguniang panlalawigan is properly reviewable by the writ of
certiorari.
SECTION 57: REVIEW OF BARANGAY ORDINANCES BY THE SANGGUNIANG
PANLUNGSOD OR SANGGUNIANG BAYAN
EFFECT OF INCONSISTENCY OF BARANGAY ORDINANCE
Inconsistencies between barangay ordinances and statues or municipal ordinances do not ipso facto
invalidate or suspend the former’s operation. The sanggunian’s act of returning the ordinance to the
sangguniang barangay for adjustment, amendment or modification is what suspends the effectivity
of the barangay ordinance.
JUDICIAL REVIEW OF SANGGUNIANG PANGLUNGSOD OR BAYAN’S ACTIONS
Where the sangguniang panglungsod or bayan exercises its power of supervision and declares that an
ordinance or resolution is beyond the power of the sangguniang barangay concerned, it exercises a
quasi-judicial function. As such, the action of the sangguniang panglungsod or bayan is properly
reviewable by the writ of certiorari.
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SECTION 58: ENFORCEMENT OF DISAPPROVED ORDINANCES OR RESOLUTIONS
SECTION 59: EFFECTIVITY OF ORDINANCES OR RESOLUTIONS
PROVISIONS ON PUBLICATION AND NOTICE ARE MANDATORY
Provisions respecting publication and sufficient notice of ordinances and resolutions are mandatory,
and failure to publish or give notice, or to do so substantially in the manner prescribed, renders them
void. These requirements are mandatory where publication or notice is made a prerequisite to the
ordinance taking effect.
SUBSTANTIAL COMPLIANCE
Charter and statutory provisions governing the mode and manner of publication must be
substantially followed. The time, place, and manner of publication or notice of ordinances must be in
substantial compliance with governing provisions. Slight inaccuracies or departures from the
prescribed mode and manner of publication or notice of ordinances, where the irregularities are not
misleading, do not render the publication, notice or the ordinance void.
SECTION 60: GROUNDS FOR DISCIPLINARY ACTIONS
COMMISSION OF ANY OFFENSE INVOLVING MORAL TURPITUDE
This section provides that the mere commission of an offense involving moral turpitude or
punishable by at least prision mayor is a ground for disciplinary action. Conviction by final
judgment before a court of law is not necessary.
SECTION 61: FORM AND FILING OF ADMINISTRATIVE COMPLAINTS
CONFLICTING PROVISIONS ON VENUE
This provision provides that complaints against elective officials of component cities shall be filed
with the Office of the President. These sections indicate that component cities are subject to the
disciplinary jurisdiction of the province to which they belong.
Senator Pimentel believes that the best way to reconcile the conflicting provisions of the Code is to
allow the filing of cases against elective officials with the Office of the President which may conduct
a preliminary assessment of the merits of the case.
QUANTUM OF PROOF REQUIRED
The quantum of proof required in suspension or removal from office through an administrative cases
is only substantial evidence and not proof beyond reasonable doubt.
VERIFICATION REQUIREMENT
The requirement of verification in the Code is a formal, not a jurisdictional requisite. It is mainly
intended to secure an assurance that the allegations therein made are done in good faith or are true
and correct and not mere speculation.
SECTION 62: NOTICE OF HEARING
SECTION 63: PREVENTIVE SUSPENSION

HOW EXISTENCE OF MORAL TURPITUDE DETERMINED PURPOSE OF PREVENTIVE SUSPENSION

Whether or not a crime involves moral turpitude is ultimately a question of fact and frequently
depends on all the circumstances surrounding the violation of the statute.
OTHER GROUNDS AS MAY BE PROVIDED IN THIS CODE AND OTHER LAWS
- Sections 58, 190, and 318 of this Code
- RPC
- Code of Conduct and Ethical Standards for Public Officials and Employees
EFFECT OF DESISTANCE ON DISCIPLINARY ACTION
Desistance by the complainant does not preclude or bar the taking of disciplinary action against an
officer or employee. Neither does it warrant the dismissal of the administrative case against him; not
does it dissuade the court from imposing the appropriate disciplinary or corrective sanction.
- This is because of the need to maintain the faith and confidence of the people in the
government and its agencies and instrumentalities
It is to prevent the officer or employee from using his position and the power and prerogatives of his
office to intimidate or in any way influence potential witnesses or to destroy or tamper with records
which may be vital in the prosecution of the case against him.
WHEN PREVENTIVE SUSPENSION MAY BE IMPOSED
a) After the issues are joined
b) When the evidence of guilt is strong
c) 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
WHEN THE ISSUES ARE JOINED
Issues are considered joined when the complaint has been answered and there are no longer any
substantial preliminary issues that remain to be threshed out.

EFFECT OF RE-ELECTION OF LOCAL ELECTIVE OFFICIAL SIMULTANEOUS SERVICE OF PREVENTIVE SUSPENSION

A public official cannot be removed for administrative misconduct committed during a prior term Local elective officials can be given the benefit of simultaneous service of suspension orders I so far
since his re-election to office operates as a condonation of the officer’s previous misconduct. as they overlap.

“PROPER COURTS” DEFINED PREVENTIVE SUSPENSIONS BY OMBUDSMAN

Local legislative bodies and/or the Office of the President, on appeal, cannot impose the penalty of Requisites:
dismissal from service on erring elective local officials. The power of removal is a judicial 1) That the evidence of guilt is strong
prerogative. 2) That any of the following circumstances are present:
a) The charge against such officer or employee involves dishonesty, oppression,
DEFINITION OF PROPER COURTS APPLIED or grave misconduct
Page 193 b) The charges would warrant removal from the service

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c) The respondent’s continued stay in office may prejudice the case filed against SECTION 67: ADMINISTRATIVE APPEALS
him
EXHAUSTION OF ADMINISTRATIVE REMEDIES
A preventive suspension can be decreed on an official under investigation after charges are brought The remedy of appeal to the Office of the President was available to petitioner. Since appeal was
and even before the charges are heard since the same is not in the nature of penalty but merely a available, resort to filing a petition for certiorari, prohibition and mandamus with the Court of
preliminary step in an administrative investigation. Appeals under Rule 65, was inapt.

PERIOF OF PREVENTIVE SUSPENSION ALLOWABLE SECTION 68: EXECUTION PENDING APPEAL

The Ombudsman can impose the 6-month preventive suspension on all public officials, whether
elective or appointive, who are under investigation. STAY OF EXECUTION
Section 68 of the Code should be construed as giving discretion to the reviewing officials to stay the
PREVENTIVE SUSPENSION IMPOSED BY COURTS UNDER SEC 13, RA 3019 execution of the appealed decision.
Preventive suspensions may not exceed 90 days. Imposition of the preventive suspension is
mandatory upon the filing of a valid information. SECTION 69: BY WHOM EXERCISED

PREVENTIVE SUSPENSIONS WITH INDEFINITE PERIOD APPLICABILITY OF DUE PROCESS CLAUSE

The preventive suspension may not be for an indefinite period or for an unreasonable length of time; A public officer cannot be deprived of his office without due process of law. Although public office
at the very least, it would raise questions of denial of due process and equal protection of the laws. is not property under Section 1 of the Bill of rights, and one cannot acquire a vested right in public
office, it is nevertheless a protected right.
JUDICIAL REVIEW OF PREVENTIVE SUSPENSIONS
A respondent who believes that his preventive suspension was unjustified should seek relief from the NATURE OF RIGHT TO RECALL
office or body vested with the power or removal or suspension since, as a general rule, it is the sole It is based on the theory that the electorate must maintain a direct and elastic control over public
judge of the necessity or sufficiency of the cause. functionaries. It is also predicated on the idea that a public office is burdened with public interests
and that the representatives of the people holding public office are simply agents or servants of the
SECTION 64: SALARY OF RESPONDENT PENDING SUSPENSION people with definite powers and specific duties to follow if they wish to remain in their respective
offices.
EFFECT OF PREVENTIVE SUSPENSION ON COMPENSATION
Two types of preventive suspension: “LOST OF CONFIDENCE” DEFINED
1) Preventive suspension pending investigation  The formal withdrawal by an electorate of their trust in a person’s ability to discharge is
o Not a penalty but only a means of enabling the disciplining authority to office previously bestowed on him by the same electorate
conduct an unhampered investigation
SECTION 70: INITIATION OF THE RECALL PROCESS
2) Preventive suspension pending appeal
o It is subsequently considered illegal if respondent is exonerated and the REASONS FOR PEOPLE’S RECALL ASSEMBLY
administrative decision finding him guilty is reversed Legislative records show that there were 2 principal reasons why this alternative mode of initiating
recall was adopted:
SECTION 65: RIGHTS OF RESPONDENT a) To diminish difficulty of initiating recall through the direct action of the people
b) To cut down on its expenses
POWER TO SUBPOENA DOES NOT INCLUDE CONTEMPT POWER
Since the existence of the contempt power in conjunction with the subpoena power in conjunction There is nothing in the Constitution that will remotely suggest that the people have the sole and
with the subpoena power in any government body inevitably poses a potential derogation of exclusive right to decide on whether to initiate a recall proceeding.
individual rights, the law cannot be liberally construed to have impliedly granted such powers.
Notably, RA 9244 has removed the People’s recall assembly as a mode for initiating recall.
SECTION 66: FORM AND NOTICE OF DECISION However, should this section be restored to its original form by future legislation, the cited cases will
once again become applicable.
LEGALITY OF IMPOSITION OF SEVERAL SUSPENSIONS
A disciplinary authority commits no grave abuse of discretion in imposing the penalty where the JUDICIAL REVIEW OF COMELEC DECISION
suspension imposed for each administrative offense did not exceed 6 months, although the aggregate A motion for reconsideration is a pre-requisite to the viability of a special civil action for certiorari
thereof exceeded 6 months and the unexpired portion of the petitioners’ term of office. to review the decision of the COMELEC; unless the party who avails of the latter can convincingly
show that his case falls under any of the ff. exceptions to the rule.

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MEANING OF PERCENTAGE REQUIREMENTS 2) To permit them to retire from the service with relative security, not only for those who
Section 69(d) requires the petition to be filed, not only by one person, but by at least 25% of the total have retained their vigor, but more so for those who have been incapacitated by illness or
number of registered voters. While the initiatory recall petition may not yet contain the signatures of accident
at least 25% of the total number of registered voters, the petition must contain the name of at least
25% of the total number of registered voters in whose behalf only one person may sign in the SECTION 77: RESPONSIBILITY FOR HUMAN RESOURCES AND DEVELOPMENT
meantime.
SECTION 78: CIVIL SERVICE LAW, RULES AND REGULATIONS, AND OTHER
SECTION 71: ELECTION ON RECALL RELATED ISSUANCES
SECTION 72: EFFECTIVITY OF RECALL
SECTION 73: PROHIBITION FROM RESIGNATION RESIGNATION AND ABANDONMENT
SECTION 74: LIMITATIONS ON RECALL
Resignation:
“REGULAR LOCAL ELECTION” DEFINED - The act of giving up or the act of an officer by which he declines his office and renounces
 Refers to the election where the office held by the local elective official sought to be the right to further use it
recalled will be contested and be filled by the electorate
Requirements:
Regular election can only refer to an election participated in by those who possess the right of 1) Intention to relinquish a part of the term
suffrage. Also, regular local election refers to the date of the election not to the election period or 2) Act of relinquishment
campaign period. 3) An acceptance by the proper authority

MEANING OF “RECALL” IN PROVISION Even if the resignation is not valid, a public officer may be deemed to have relinquished his office
 Refers to the recall election and not to the preliminary proceedings to initiate recall: due to his voluntary abandonment of said post.
1) Because Section 74 speaks of limitations on “recall” which, according to Section
69, is a power which shall be exercised by the registered voters of a local Abandonment of an office:
government unit. - The voluntary relinquishment of an office by the holder with the intention of terminating
2) Because the purpose of the first limitation in paragraph (b) is to provide voters a his possession and control thereof
sufficient basis for judging an elective local official
3) Because to construe the limitation would unduly curtail freedom of speech and of Abandonment:
assembly - A species of resignation; while a Resignation in general is a formal relinquishment

SECTION 75: EXPENSES INCIDENT TO RECALL ELECTIONS Non-user:

SECTION 76: ORGANIZATIONAL STRUCTURE AND STAFFING PATTERN
REORGANIZATION SUBJECT TO GOOD FAITH TEST
Local autonomy also grants local governments the power to streamline and reorganize. This power is
inferred from Section 76 of the LGC on organizational structure and staffing pattern.
Without such power, local governments will lose the ability to adjust to the needs of its constituents.
REORGANIZATION CANNOT GRANT RETRIEMENT BENEFITS, ONLY SEPARATION PAY
Retirement benefits are, after all, a form of reward for an employee’s loyalty and service to the
employer, and are intended to help the employee enjoy the remaining years of his life, lessening the
burden of worrying about his financial support or upkeep.
- Refers to a neglect to use a privilege or right
2 essential elements of abandonment:
1) Intention to abandon
2) An overt or “external” act by which the intention is carried into effect
POWER TO REVOKE OR CANCEL APPOINTMENTS OF THE CSC
The CSC has authority to revoke or cancel an appointment to a civil service position after its
Regional Office had approved the same and the appointee had assumed the new position.
The CSC has the power to hear and decide administrative cases instituted before it directly or on
appeal, including contested appointments, and review decisions and actions of its agencies and of the
agencies attached to it.

On the other hand, a pension partakes of the nature of “retained wages” of the retiree for a dual The Commission is empowered to take appropriate action on all appointments and other personnel
purpose: actions and that such power “includes the authority to recall an appointment initially approved in
1) To entice competent people to enter the government service disregard of applicable provisions of Civil Service law and regulations.”

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NO PRIOR NOTICE WHERE EMPLOYEE CONTINUOUSLY ABSENT The Ombudsman or his Deputy may impose preventive suspensions where, in his judgment, the
No prior notice is required to be given to an employee who has been continuously absent without following requisites concur:
approved leave for at least 30 days before dropping him from the rolls. 1) The evidence of guilt is strong
2) Any of the following circumstances are present
If the termination was based solely on the certification of the Personnel Office regarding the absence a) The charge against such offer or employee involves dishonesty, oppression, or
without leave and the employee contests the same, arguing that: grave misconduct
1) The Personal officer who prevented him from signing the logbook b) The charges would warrant removal from the service
2) States under oath that there was no notice and hearing in the CSC, c) The respondent’s continued stay in office may prejudice the case filed against him
o The case should be remanded to the Commission for further proceedings
A preventive suspension can be decreed on an official under investigation after charges are brought
PROCEDURE FOR JUDICIAL REVIEW OF DECISIONS OF THE CSC and even before the charges are heard since the same is not in the nature of penalty but merely a
The special civil action for certiorari under Rule 65 of the Rules of Court will lie only if there is no preliminary step in an administrative investigation.
appeal or any plain, speedy or adequate remedy in the ordinary course of law.
DESIGNATON NOT PREREQUISITE FOR PREVENTIVE SUSPENSION
Revised Administrative Circular provides for an appeal to the Court of Appeals from the The designation of a replacement is not a requisite to give effect to a preventive suspension under
judgements, final orders or resolutions of the CSC. the Civil Service Law.

Section 4 mandates that the appeal be taken within 15 days from notice of the denial of the motion
for reconsideration duly filed in accordance with the governing law of the court or agency a quo.
SECTION 79: LIMITATIONS TO APPOINTMENTS
DEGREE OF CONSANGUINITY OR AFFINITY IS NARRATION OF FACTS WITHIN
PURVIEW OF ARTICLE 171(4) OF THE REVISED PENAL CODE
Page 218
SECTION 80: PUBLIC NOTICE OF VACANCY; PERESONAL SELECTION BOARD
SECTION 81: COMPENSATION OF LOCAL OFFICIALS AND EMPLOYEES
SECTION 86: ADMINISTRATIVE INVESTIGATION
SECTION 87: DISCIPLINARY JURISDICTION
WHERE POWER TO DISCIPLINE VESTED GENERALLY
Local chief executive shall have jurisdiction to investigate and decide matters involving disciplinary
action against subordinate officers and employees under their jurisdiction. Their decisions shall be
final in case the penalty imposed is suspension without pay for not more than 30 days. If the penalty
imposed is heavier than suspension of 30 days, the decision shall be appealable to the CSC, but the
appeal shall not prevent the execution thereof. In case the respondent-appellant is exonerated, he
shall be reinstated to his position with all the rights and privileges appurtenant thereto from the rime
he had been deprived thereof.

SECTION 82: RESIGNATION OF ELECTION LOCAL OFFICIALS SECTION 88: EXECUTION PENDING APPEAL

WRITTEN RESIGNATION REQUIRED SECTION 89: PROHIBITED BUSINESS AND PECUNIARY INTEREST
Resignations by elective local officials must be in writing as this provision expressly states that
copies of resignation letters shall be furnished to the DILG. CRIMINAL LIABILITY FOR VIOLATION OF PROVISION
- Reason: due to the difficulty in pinpointing official responsibility for the discharge of Section 54 of the Code provides that any local official and any person or persons dealing with him
government duties without written records who violate the prohibitions provided in this provision, shall be punished with imprisonment for 6
months and 1 day to 6 years.
SECTION 83: GRIEVANCE PROCEDURE
PROHIBITED INTEREST INCLUDES CONJUGAL PARTNERSHIP OF GAINS
SECTION 84: ADMINISTRATIVE PROCEDURE Page 226

SECTION 85: PREVENTIVE SUSPENSION OF APPOINTIVE LOCAL OFFICIALS AND SECTION 90: PRACTICE OF PROFESSION
EMPLOYEES
REASON FOR PROHIBITION
WHERE POWER TO PREVENTIVELY SUSPEND VESTED The difference in treatment between governors and mayors on one hand, and sanggunian members
The power to preventively suspend appointive local officials is vested in the local chief executive on the other is that the office of governor or mayor is a full time job; on the other hand, the regular
having authority over them. The power is not exclusive. sessions of sanggunian members are held once a week.

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“PROFESSION” DEFINED SECTION 99: FUNCTIONS OF LOCAL SCHOOL BOARDS

1) A calling requiring specialized knowledge and often long and intensive preparation in
skills and methods as well as in the scientific, historical, or scholarly principles
underlying such skills and methods, maintaining by force of organization or concerted
opinion high standards of achievement and conduct, and committing its members to
continued study and to a kind of work which has for its prime purpose the rendering of
public service
2) A principal calling, vocation, or employment (It is submitted that this definition should
be followed for this provision as it is more congruent with legislative intent to ensure that
local elective officials concentrate their time and effort on their responsibilities to the
public)
PRACTICE BY PROFESSSION BY PROVINCIAL GOVERNORS, CITY AND MUNICIPAL
MAYORS
Page 228
WHEN CONFLICT OF INTEREST EXISTS
It exists where the interests of the local government unit with which the official is connected are
opposed to the interests of the person who obtains his service.
CONSULTATION NOT REQUIRED FOR THIS DESIGNATION
Section 99 of the LGC applies to appointments made by the Department of Education, Culture and
Sports. This is because at the time of the enactment of the LGC, schools division superintendents
were appointed by the DECS to a specific division or location.
Appointment:
- The selection, by the authority vested with the power, of an individual who is to exercise
the functions of a given office
- When completed, usually with its confirmation, the appointment results in security of
tenure for the person chosen unless he is replaceable at pleasure because of the nature of
his office
Reassignment:
- Merely a movement of an employee from one organizational unit to another in the same
department or agency which does not involve a reduction in rank, status or salary and
does not require the issuance of an appointment
- A designation connotes merely the imposition of additional duties on an incumbent
official

SECTION 91: STATEMENT OF ASSETS AND LIABILITIES USE OF SPECIAL EDUCATION FUND
SECTION 92: OATH OF OFFICE Legislature intended the Special Education Fund to answer for the compensation of teachers
SECTION 93: PARTISAN POLITICAL ACTIVITY handling extension classes.

EXCEPTIONS TO PROHIBITION CREATION OF INSPECTORATE TEAM IS VALID EXERCISE OF RULEMAKING POWER

Local officials or employees may express their views on current issues, or mention the names of UNDER SECTION 99(B)
certain candidates which they support. It implicitly empowers the PSB to institute measures for ascertaining that the disbursements intended
will, in fact, be in accordance with the prepared budget. The creation of the Inspectorate Team in this
SECTION 94: APPOINTMENT OF ELECTIVE AND APPOINTIVE LOCAL OFFICIALS; case may be considered as one such measure and is, therefore, not null and void.
CANDIDATES WHO LOST IN AN ELECTION
SECTION 100: MEETINGS AND QUORUM; BUDGET
CONSTITUTIONALITY OF APPOINTMENT OF LOCAL ELECTIVE OFFICIAL TO
ANOTHER POST “FISCAL YEAR” DEFINED
Page 231  A period beginning with the first day of January and ending with the 31 st day of
December of the same year
LIABILITY UNDER ARTICLE 244 OF THE REVISED PENAL CODE
Legal disqualification in Article 244 of the RPC simply means disqualification under the law. SECTIONS 101 TO 115: SEE CODAL

SECTION 95: ADDITIONAL OR DOUBLE COMPENSATION SECTION 116: ORGANIZATION

SECTION 96; PERMISSION TO LEAVE STATION Page 249

EFFECT OF IMPROPER REIMBURSEMENT DUE TO FAILURE TO OBTAIN PERMISSION SECTION 117: ESTABLISHMENT OF AUTONOMOUS SPECIAL ECONOMIC ZONES
Page 232
SECTION 118: JURISDICTIONAL RESPONSIBILITY FOR SETTLEMENT OF
SECTION 97: ANNUAL REPORT BOUNDARY DISPUTE

SECTION 98: CREATION, COMPOSITION, AND COMPENSATION PROCEDURE FOR SETTLEMENT OF BOUNDARY DISPUTES
Page 253

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JURISDICTION OF SANGGUIANS OVER BOUNDARY DISPUTES

Page 254

JURISDICTION OF SANGGUNIANS OVER BOUNDARY DISPUTES BETWEEN CITIES IN

METROPOLITAN MANILA
Page 256

JURISDICTION OF SANGGUNIANS OVER BOUNDARY DISPUTES BETWEEN CITIES IN

METROPOLITAN MANILA
Page 256

SECTION 119: APPEAL

SECTION 120: LOCAL INITIATIVE DEFINED

SECTION 121: WHO MAY EXERCISE

SECTION 122: PROCEDURE IN LOCAL INITIATIVE

SECTION 123: EFFECTIVITY OF LOCAL PROPOSITIONS

SECTION 124: LIMITATIONS ON LOCAL INITIATIVE

SECTION 125: LIMITATIONS UPON SANGGUNIANS

SECTION 126: LOCAL REFERENDUM DEFINED

SECTION 127: AUTHORITY OF COURTS

Public Corporation | Dr. Angeles Atty. Yamamoto - Santos © Celyn Palacol