PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA

Who shall sign an ordinance which is enacted by the sangguniang

SECTION 54. APPROVAL OF ORDINANCES
barangay?
- It shall be signed by the punong barangay upon approval by the majority of
(a) Every ordinance enacted by the sangguniang panlalawigan, sangguniang
all its members
panlungsod, or sangguniang bayan shall be presented to the provincial
governor or city or municipal mayor, as the case may be. If the local chief
Resolution – An opinion which is to have only a temporary effect
executive concerned approves the same, he shall affix his signature on each
and every page thereof; otherwise, he shall veto it and return the same with
Ordinance – Is intended to permanently direct and control matters applying
his objections to the sanggunian, which may proceed to reconsider the
to persons and things in general.
same. The sanggunian concerned may override the veto of the local chief
executive by two-thirds (2/3) vote of all its members, thereby making the
ü No ordinance is valid unless and until mandatory prerequisites to its
ordinance or resolution effective for all legal intents and purposes.
enactment and promulgation are substantially observed.
ü For an enactment of a resolution, it need not go through a third reading
(b) The veto shall be communicated by the local chief executive (LCE)
for its final consideration unless decided otherwise by a majority of all
concerned to the sanggunian within fifteen (15) days in the case of a
the sanggunian members.
province, and ten (10) days in the case of a city or a municipality; otherwise,
the ordinance shall be deemed approved as if he had signed it.
How may an ordinance be cured and rendered valid?
- It may be cured by a new proceeding commencing at the point where the
(c) Ordinances enacted by the sangguniang barangay shall, upon approval
defect occurred.
by the majority of all its members, be signed by the punong barangay.
• However, a municipality cannot, by a subsequent act, validate an
unauthorized ordinance, one which is ultra vires, or beyond the scope
To whom shall an enacted ordinance be presented?
of the municipal corporation to enact.
- The provincial governor or city mayor, as the case may be.
- It may also be cured and rendered valid by statute where there is no
constitutional inhibition and where the legislature originally had power to
What shall the local chief executive do?
authorize the enactment of the ordinance and at the time of its enactment
To approve – Affix his signature on each and every page
had done so, provided that vested rights are not impaired by the curative
To veto – He shall return it with his objections
legislation.

In cases of the LCE’s veto –

What is a veto power?
- 15 days in case of a province
- It is a power which accords the LCE the discretion to sustain a resolution or
- 10 days in case of a city or municipality
ordinance in the first instance or to veto it by returning it with his objections
Otherwise, the ordinance shall be deemed approved as if the LCE signed it.
to the Sanggunian.

Can the sanggunian override the veto?

- Yes. By 2/3 vote of all of its members. This shall make the ordinance or
resolution effective.

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SECTION 55. VETO POWER OF
THE LOCAL CHIEF EXECUTIVE
(a) The local chief executive may veto any ordinance of the sanggunian
panlalawigan, sangguniang panlungsod, or sanggunian bayan on the ground
that it is ultra vires or prejudicial to the public welfare, stating his reasons
therefor in writing.
(b) The local chief executive, except the punong barangay, shall have the
power to veto any particular item or items of an appropriations ordinance, an
ordinance or resolution adopting a local development plan and public
investment program, or an ordinance directing the payment of money or
creating liability. In such a case, the veto shall not affect the item or items
which are not objected to. The vetoed item or items shall not take effect
unless the sanggunian overrides the veto in the manner herein provided;
otherwise, the item or items in the appropriations ordinance of the previous
year corresponding to those vetoed, if any, shall be deemed reenacted.
(c) The local chief executive may veto an ordinance or resolution only once.
The sanggunian may override the veto of the local chief executive concerned
by two-thirds (2/3) vote of all its members, thereby making the ordinance
effective even without the approval of the local chief executive concerned.
Upon what ground can a LCE veto?
- When it is ultra vires or prejudicial to the public welfare.
- The LCE must state his reason/s in writing.
Who can veto?
General rule: Any LCE
Exception: Punong barangay
How many times can the LCE veto?
- Only once.
PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
Line item veto prohibited
General rule: Line item vetoes of ordinances by the LCE are prohibited.
Exceptions:
(1) Appropriations ordinances;
(2) Ordinances or resolutions adopting a local development plan and
public investment program; or
(3) Ordinances directing the payment of money or creating liability.
Ultra vires – An act performed without any authority to act on the subject.
What is the effect of veto?
Entire ordinance is vetoed – The subject of the ordinance doesn’t become
effective.
Only an item is vetoed – The veto shall not affect the item/s which are not
objected to.
However, such veto may be overridden by 2/3 vote of the proper
sanggunian. In such case, it shall be effected if it had been signed by the
LCE.
SECTION 56. REVIEW OF COMPONENT CITY
AND MUNICIPAL ORDINANCES OR
RESOLUTIONS BY THE SANGGUNIANG
PANLALAWIGAN
(a) Within three (3) days after approval, the secretary to the sanggunian
panlungsod or sangguniang bayan shall forward to the sangguniang
panlalawigan for review, copies of approved ordinances and the resolutions
approving the local development plans and public investment programs
formulated by the local development councils.
(b) Within thirty (30) days after the receipt of copies of such ordinances and
resolutions, the sangguniang panlalawigan shall examine the documents or
transmit them to the provincial attorney, or if there be none, to the provincial
prosecutor for prompt examination. The provincial attorney or provincial
prosecutor shall, within a period of ten (10) days from receipt of the
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 PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA

documents, inform the sangguniang panlalawigan in writing of his comments What court has the right to exercise judicial review?
or recommendations, which may be considered by the sangguniang - The Regional Trial Court
panlalawigan in making its decision.
Examination of approved ordinances and resolutions
(c) If the sangguniang panlalawigan finds that such an ordinance or
resolution is beyond the power conferred upon the sangguniang panlungsod
or sangguniang bayan concerned, it shall declare such ordinance or
Within 30 days AFTER the receipt of The provincial attorney or provincial
resolution invalid in whole or in part. The sangguniang panlalawigan shall the copies, the sanggunian prosecutor shall, within a period of 10
panlalawigan shall examine the days FROM THE RECEIPT, inform
enter its action in the minutes and shall advise the corresponding city or documents or transmit them to the the sanggunian panlalawigan in
municipal authorities of the action it has taken. provincial attorney or provincial writing of his comments and
prosecutor suggestions

(d) If no action has been taken by the sangguniang panlalawigan within thirty
(30) days after submission of such an ordinance or resolution, the same
shall be presumed consistent with law and therefore valid.

Who shall forward copies of the approved ordinances and resolutions

and how many days? If the sanggunian panlalawigan finds
- The Secretary and within 3 days after approval. that such ordinance or resolution is The sanggunian panlalawigan shall
beyond the power conferred upon, it enter its action in the minutes and
shall declare such invalid in whole or shall advice action to be taken.
in part
ü This section is not applicable to independent cities.
ü 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.
ü The provincial board may not invalidate an ordinance authorizing the
municipal mayor to expropriate a property on the ground that such is
unnecessary.
ü An ordinance must conform and be subordinate to the charter, and can If no action shall be taken within 30
no more change or limit the effect of the charter than a legislative act days AFTER submission of such,
such will be presumed consistent with
can modify or supersede a provision of the constitution of the State. law and thus valid.
ü The lapse of the 30-day period for the sanggunian panlalawigan to
decide does not foreclose judicial review. Neither does this section
deprive the sanggunian panlalawigan the authority to declare an
ordinance as ultra vires.
ü This is reviewable by writ of certiorari.

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SECTION 57. REVIEW OF BARANGAY
ORDINANCES BY THE SANGGUNIANG
PANLUNGSOD OR SANGGUNIANG BAYAN
(a) Within ten (10) days after its enactment, the sangguniang barangay shall
furnish copies of all barangay ordinances to the sangguniang panlungsod or
sangguniang bayan concerned for review as to whether the ordinance is
consistent with law and city or municipal ordinances.
(b) If the sangguniang panlungsod or sangguniang bayan, as the case may
be, fails to take action on barangay ordinances within thirty (30) days from
receipt thereof, the same shall be deemed approved.
(c) If the sangguniang panlungsod or sangguniang bayan, as the case may
be, finds the barangay ordinances inconsistent with law or city or municipal
ordinances, the sanggunian concerned shall, within thirty (30) days from
receipt thereof, return the same with its comments and recommendations to
the sangguniang barangay concerned for adjustment, amendment, or
modification; in which case, the effectivity of the barangay ordinance is
suspended until such time as the revision called for is effected.
Review of the ordinance
- To check if it is consistent with law and other city or municipal ordinances.
- Within 10 days after its enactment.
- The sanggunian barangay shall furnish copies of the ordinances to the
sanggunian panlungsod or bayan for review.
If there is a failure to take action, what will happen?
- Within 30 days from receipt, it shall be deemed approved.
What if there is an inconsistency with any law and other city or
municipal ordinances?
- The sanggunian concerned shall, within 30 days from the receipt, return it
with its comments and recommendations.
PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
What suspends the effectivity of the barangay ordinance?
- The sanggunian’s act of returning the ordinance to the sanggunian
barangay for adjustment, amendment, or modification.
What court has original jurisdiction?
- The Regional Trial Court
SECTION 58. ENFORCEMENT OF
DISAPPROVED ORDINANCES OR
RESOLUTIONS
Any attempt to enforce any ordinance or any resolution approving the local
development plan and public investment program, after the disapproval
thereof, shall be sufficient ground for the suspension or dismissal of the
official or employee concerned.
What can cause suspension or dismissal?
- Attempt to enforce any ordinance or resolution even after it is disapproved.
SECTION 59. EFFECTIVITY OF
ORDINANCES OR RESOLUTIONS
(a) Unless otherwise stated in the ordinance or the resolution approving the
local development plan and public investment program, the same shall take
effect after ten (10) days from the date a copy thereof is posted in a bulletin
board at the entrance of the provincial capitol or city, municipal, or barangay
hall, as the case may be, and in at least two (2) other conspicuous places in
the local government unit concerned.
(b) The secretary to the sanggunian concerned shall cause the posting of an
ordinance or resolution in the bulletin board at the entrance of the provincial
capitol and the city, municipal, or barangay hall in at least two (2)
conspicuous places in the local government unit concerned not later than
five (5) days after approval thereof.
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The text of the ordinance or resolution shall be disseminated and posted in
Filipino or English and in the language understood by the majority of the
people in the local government unit concerned, and the secretary to the
sanggunian shall record such fact in a book kept for the purpose, stating the
dates of approval and posting.
(c) The gist of all ordinances with penal sanctions shall be published in a
newspaper of general circulation within the province where the local
legislative body concerned belongs. In the absence of any newspaper of
general circulation within the province, posting of such ordinances shall be
made in all municipalities and cities of the province where the sanggunian of
origin is situated.
(d) In the case of highly urbanized and independent component cities, the
main features of the ordinance or resolution duly enacted or adopted shall, in
addition to being posted, be published once in a local newspaper of general
circulation within the city: Provided, That in the absence thereof the
ordinance or resolution shall be published in any newspaper of general
circulation.
When shall an ordinance or resolution take effect?
- 10 days from the date such is posted in:
• A bulletin board at the entrance of the provincial capitol;
• City, municipal, or barangay hall, as the case may be; and
• In at least 2 conspicuous places in the LGU concerned.
Exception: Unless otherwise is stated in the ordinance or resolution.
Who has the responsibility to post it?
- The Secretary to the sanggunian concerned.
- The posting shall not be later than 5 days after the approval.
When can it be published in a newspaper?
- When it is the gist of all ordinances with penal sanctions.
Exception: In the absence of any newspaper of general circulation in the
province, it may be posted in all municipalities and cities of the province
where the sanggunian of origin is situated.
PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
In cases of highly urbanized and independent component cities
- The main features of the ordinance or resolution shall not only be posted
but it must also be published in a local newspaper of general circulation
within the city.
- Absence of a local newspaper, then in any newspaper of general
circulation.
ü Publication and notice is mandatory. Failure renders them void.
ü Slight inaccuracies or departures from the prescribed mode and manner
of publication or notice, where the irregularities are not misleading, does
not render the publication, notice, or ordinance void.
SECTION 60. GROUNDS FOR
DISCIPLINARY ACTIONS
An elective local official may be disciplined, suspended, or removed from
office on any of the following grounds:
(a) Disloyalty to the Republic of the Philippines;
(b) Culpable violation of the Constitution;
(c) Dishonesty, oppression, misconduct in office, gross negligence, or
dereliction of duty;
(d) Commission of any offense involving moral turpitude or an offense
punishable by at least prison mayor;
(e) Abuse of authority;
(f) Unauthorized absence for fifteen (15) consecutive working days,
except in the case of members of the sangguniang Panlalawigan,
sangguniang panlungsod, sangguniang bayan, and sangguniang
barangay;
(g) Application for, or acquisition of, foreign citizenship or residence or
the status of an immigrant of another country; and
(h) Such other grounds as may be provided in this Code and other
laws.
An elective official may be removed from office on the grounds enumerated
above by order of the proper court.
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 PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA

Moral turpitude – An act of baseness, vileness, or depravity in the private
duties which a man owes his fellow men, or to society in general, contrary to
the accepted and customary rule of right and duty between man and woman
or conduct contrary to justice, honesty, modesty, or good morals.
What is the effect of desistance on disciplinary actions?
- It 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; nor does it dissuade the court from
imposing appropriate disciplinary or corrective sanction.
- Proceedings in such case should not be made to depend on the whims
(a) A complaint against any elective official of a province, a highly
urbanized city, an independent component city, or component city
shall be filed before the Office of the President;
(b) A complaint against any elective official of a municipality shall be
filed before the sangguniang Panlalawigan whose decision may be
appealed to the Office of the President;
(c) A complaint against any elective barangay official shall be filed
before the sangguniang panlungsod or sangguniang bayan
concerned whose decision shall be final and executory.
Complaint filed against:

What is the effect of re-election of a Local Effective Official?

- A public official cannot be removed for administrative misconduct
committed during a prior term since his re-election to office operates as a Filed before the Office of the
President if the complaint is against:
condonation of the officer’s previous misconduct.
- However, re-election of public official does not extinguish the criminal
liability incurred by him in his previous term of office.
An official of a An official of an
An official of a highly urbanized An official of a
ü The law on suspension or removal of elective public officials must be province independent component city
city component city
strictly construed and applied, and the authority in whom such power of
suspension or removal is vested.
ü Intended as a check against any capriciousness or partisan activity by
the disciplining authority.
A complaint against ANY
ü The removal of an elective local official be done only after a trial before
elective official of a municipality
the appropriate court, and such removal not only punishes the official Filed before the
concerned the official concerned but also, in effect, deprives the Sangguniang
Panlalawigan
electorate of the services of the official for whom they voted. Can be appealed to the Office
of the President

SECTION 61. FORM AND FILING OF

ADMINISTRATIVE COMPLAINTS
A complaint against ANY
A verified complaint against any erring local elective official shall be barangay official
Filed before the
prepared as follows:
Sangguniang
Panglungsod or Bayan
Decision shall be final and
executory

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Substantial evidence – Amount of relevant evidence which a reasonable Where to file?

mind might accept as adequate to support a conclusion. Sanggunian Panlalawigan.
A complaint against any elective
What is the required verification? official of a municipality Can it be appealed?
- Formal. Yes. It may be appealed to the
- The court may order correction of the pleading or act on the unverified Office of the President.
pleading or act on the unverified pleading if the attending circumstances are - Investigation within 90 days
such that a strict compliance with the rule may be dispensed with in order immediately prior to any local
that justice may be served. What cannot be done? election.
- Preventive suspension within such
SECTION 62. NOTICE OF HEARING period.
What if preventive suspension It shall be deemed automatically
has been imposed? lifted upon the start of the aforesaid
(a) Within seven (7) days after the administrative complaint is filed, the Office
period (90 days immediately
of the President or the sanggunian concerned, as the case may be, shall
preceding local election)
require the respondent to submit his verified answer within fifteen (15) days
from receipt thereof, and commence the investigation of the case within ten
(10) days after receipt of such answer of the respondent. SECTION 63. PREVENTIVE SUSPENSION
(b) A complaint against any elective official of a municipality shall be filed (a) Preventive suspension may be imposed:
before the sangguniang panlalawigan whose decision may be appealed to (1) By the President, if the respondent is an elective official of a
the Office of the President; and province, a highly urbanized or an independent component city;
(2) By the governor, if the respondent is an elective official of a
(c) However, no investigation shall be held within ninety (90) days component city or municipality; or
immediately prior to any local election, and no preventive suspension shall (3) By the mayor, if the respondent is an elective official of the
be imposed within the said period. If preventive suspension has been barangay.
imposed prior to the 90-day period immediately preceding local election, it
shall be deemed automatically lifted upon the start of aforesaid period. (b) Preventive suspension may be imposed at any time after the issues are
joined, when the evidence of guilt is strong, and given the gravity of the
Office of the President or offense, there is great probability that the continuance in office of the
Sanggunian concerned shall require respondent could influence the witnesses or pose a threat to the safety and
the respondent to: integrity of the records and other evidence: Provided, that, any single
Within 7 days after the - Submit verified answer preventive suspension of local elective officials shall not extend beyond sixty
administrative complaint is filed - Within 15 days from the receipt (60) days: Provided, further, that in the event that several administrative
- Investigation shall commence cases are filed against an elective official, he cannot be preventively
within 10 days after the receipt of the suspended for more than ninety (90) days within a single year on the same
respondent’s answer. ground or grounds existing and known at the time of the first suspension.

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(c) Upon expiration of the preventive suspension, the suspended elective
official shall be deemed reinstated in office without prejudice to the
continuation of the proceedings against him, which shall be terminated within
one hundred twenty (120) days from the time he was formally notified of the
case against him. However, if the delay in the proceedings of the case is due
to his fault, negligence, or request, other than the appeal duty filed, the
duration of such delay shall not be counted in computing the time of
termination of the case.
(d) Any abuse of the exercise of the power of preventive suspension shall be
penalized as abuse of authority.
Who may impose preventive suspension?
President – If the respondent is an elective official of a province, a highly
urbanized, or an independent component city.
Governor – If the respondent is an elective official of a component city or
municipality.
Mayor – If the respondent is an elective official of the barangay.
When may a preventive suspension be imposed?
- Any time after the issues are joined.
- When the evidence of guilty is strong.
- There is a 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 accords of other evidence.
When may the issues be joined?
- When the complaint has been answered and there are no longer any
substantial preliminary issues that remain to be threshed out.
- Failure to file answer is deemed a waiver of her right to file an answer and
present evidence.
How long could it take?
Single preventive order – Not more than 60 days.
Several administrative cases are ordered – Cannot be preventively
suspended for more than ninety (90) days within a single year on the same
ground or grounds existing and known at the time of the first suspension.
PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
Can a preventive suspension expire? What happens to the official?
- Yes. The suspended elective official shall be deemed reinstated in office
without prejudice to the continuation of the proceedings against him. Such
proceeding shall be terminated within 120 days from the time he was
formally notified of the case against him.
What if the delay is the respondent’s fault, negligence, or request?
- Duration of such delay shall not be counted in computing the time of the
termination of the case.
Abuse of authority – Any abuse of the exercise of the power of preventive
suspension.
What is the purpose of a preventive suspension?
- It is to prevent the officer or employee from using the position, power, and
prerogatives of his office to:
• Intimidate or influence potential witnesses; or
• Destroy or tamper with records which may be vital in the prosecution
of the case against him.
Preventive suspensions by the Ombudsman
- The Ombudsman may impose preventive suspensions.
- Requisites:
• The evidence of guilt is strong;
• Any of the following circumstances are present:
o The charge against such officer or employee involves
dishonesty, oppression, or grave misconduct, or neglect in the
performance in the duty;
o The charges would warrant removal from the service; or
o The respondent’s continued stay in office may prejudice the case
filed against him.
- Can impose the 6-month preventive suspension on all public officials,
whether elective or appointive, who are under investigation.
Preventive suspensions imposed by courts
- Must not exceed 90 days
- Imposition is mandatory upon the filing of a valid information
- The validity of the information is determined at a pre-suspension hearing
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SECTION 64. SALARY OF
RESPONDENT PENDING SUSPENSION
The respondent official preventively suspended from office shall receive no
salary or compensation during such suspension; but, upon subsequent
exoneration and reinstatement, he shall be paid full salary or compensation
including such emoluments accruing during such suspension.
Can the official under preventive suspension receive salary or
compensation?
No.
When can it be paid?
- Upon subsequent exoneration and reinstatement.
ü Preventive suspension pending investigation is not a penalty but only a
means of enabling the disciplining authority to conduct an unhampered
investigation.
SECTION 65. RIGHTS OF RESPONDENT
The respondent shall be accorded full opportunity to appear and defend
himself in person or by counsel, to confront and cross-examine the
witnesses against him, and to require the attendance of witnesses and the
production of documentary evidence in his favor through the compulsory
process of subpoena or subpoena duces tecum.
What are the rights accorded to the respondent?
- Full opportunity to appear and defend himself in person or by counsel;
- To confront and cross-examine the witnesses against him; and
- To require the attendance of witnesses and the production of documentary
evidence in his favor.
ü Derogation individual rights, the law cannot be liberally construed to
have impliedly granted such powers.
PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
ü The disciplinary authority may invoke the aid of the Regional Trial Court
within whose jurisdiction the contested case being heard falls to punish.
SECTION 66. FORM AND
NOTICE OF DECISION
(a) The investigation of the case shall be terminated within ninety (90) days
from the start thereof. Within thirty (30) days after the end of the
investigation, the Office of the President or the sanggunian concerned shall
render a decision in writing stating clearly and distinctly the facts and the
reasons for such decision. Copies of said decision shall immediately be
furnished the respondent and all interested parties.
(b) The penalty of suspension shall not exceed the unexpired term of the
respondent or a period of six (6) months for every administrative offense, nor
shall said penalty be a bar to the candidacy of the respondent so suspend as
long as he meets the qualifications required for office.
(c) The penalty for removal from office as a result of an administrative
investigation shall be considered a bar to the candidacy of the respondent
for any elective position.
When can an investigation be terminated?
- Within 90 days from the start thereof.
When can a decision be rendered?
- Within 30 days after the end of the investigation
- By the: Office of the President; or the Sanggunian concerned.
- In writing.
- Copies shall be furnished to all interested parties.
The penalty shall not exceed?
- The unexpired term of the respondent;
- The period of 6 months for every administrative offense; or
- Bar the candidacy of the respondent.
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But when can it be a bar to the candidacy?
- When the penalty for removal from office is the result of an administrative
investigation.
SECTION 67. ADMINISTRATIVE APPEALS
Decisions in administrative cases may, within thirty (30) days from receipt
thereof, be appealed to the following:
(a) The sangguniang panlalawigan, in the case of decisions of the
sangguniang panlungsod of component cities and the sanggunian
bayan;
(b) The Office of the President, in the case of decisions of the
sanggunian panlalawigan and the sanggunian panlungsod of highly
urbanized cities and independent component cities.
Decisions of the Office of the President shall be final and executory.
Where to appeal?
Sangguniang panlalawigan – Decisions of the Sangguniang Panglungsod
of component cities and the Sanggunian Bayan
Office of the President – Decisions of the Sangguniang panlalawigan and
Sanggunian panlungsod of highly urbanized cities and independent
component cities.
When will it be held final and executory?
- When it is already decided by the Office of the President.
SECTION 68. EXECUTION PENDING APPEAL
An appeal shall not prevent a decision from becoming final or executory. The
respondent shall be considered as having been placed under preventive
suspension during the pendency of an appeal in the event he wins such
appeal. In the event the appeal results in an exoneration, he shall be paid his
salary and such other emoluments during the pendency of the appeal.
Can an appeal prevent a decision from becoming final or executory?
No.
PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
During the appeal, the respondent is considered?
- Under preventive suspension.
If the appeal results in an exoneration?
- The respondent shall be paid his salary and other emoluments during the
pendency of the appeal.
SECTION 69. BY WHOM EXERCISED
The power of recall for loss of confidence shall be exercised by the
registered voters of a local government unit to which the local elective official
subject to such recall belongs.
Recall – A procedure by which voters can remove an elected official from
office through a direct vote before that official’s term has ended.
Who can exercise such right?
- Registered voters of a LGU where such Local Elective Official belongs.
ü A public officer cannot be deprived of his office without due process of
law. Although public office is not a property, per se, it is nevertheless a
protected right.
ü The right to recall is complementary to the right to elect or appoint.
ü The right to recall is based on the theory that the electorate must
maintain a direct and elastic control.
Loss of confidence – The formal withdrawal by an electorate of their trust in
a person’s ability to discharge his office previously bestowed on him by the
same electorate.
SECTION 70. INITIATION OF
THE RECALL PROCESS
(a) The recall of any elective provincial, city, municipal, or barangay official
shall be commenced by a petition of a registered voter in the LGU concerned
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and supported by the registered voters in the LGU concerned during the
election in which the local official sought to be recalled was elected subject
to the following percentage requirements:
(1) At least 25% in the case of LGUs with a voting population of not more
than 20,000.
(2) At least 20% in the case of LGUs with a voting population of at least
20,000, but not more than 75,000: Provided, that, in no case shall the
required petitioners be less than 5,000.
(3) At least 15% in the case of LGUs with a voting population of at least
75,000, but not more than 300,000: Provided, however, that in no case
shall the required number of petitioners be less than 15,000.
(4) At least 10% in the case of LGUs with a voting population of over
300,000: Provided, however, that in no case shall the required
petitioners be less than 45,000.
(b) The process of recall shall be effected in accordance with the following
procedure:
(1) A written petition for recall duty signed by the representatives of the
petitioners before the election registrar or his representative, shall be
filled with the COMELEC through its office in the LGU concerned.
(2) The petition to recall shall contain the following:
a. The names and addresses if the petitioners written in legible
form and their signatures;
b. The barangay, city, or municipality, local legislative district and
the province to which the petitioners belong;
c. The name of the official sought to be recalled; and
d. A brief narration of the reasons and justifications therefor.
(3) The COMELEC shall, within 15 days from the filing of the petition,
certify to the sufficiency of the required number of signatures. Failure
to obtain the required number of signature automatically nullifies the
petition.
(4) If the person is found to be in sufficient form, the COMELEC or its duly
authorized representative shall, within 3 days from the issuance of the
certification, provide the official sought to be recalled a copy of the
petition, cause its publication in a national newspaper of general
circulation and a newspaper of general circulation in the locality, once
a week for 3 consecutive weeks at the expense of the petitioners and
PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
at the same time post copies thereof in public and conspicuous places
for a period of not less than 10 days nor more than 20 days, for the
purpose of allowing interested parties to examine and verify the
validity of the petition and the authenticity of the signatures contained
therein.
(5) The COMELEC or its duly authorized representatives shall, upon
issuance of certification, proceed independently with the verification
and authentication of the signatures of the petitioners and registered
voters contained therein. Representatives of the petitioners and the
official sought to be recalled shall be duly notified and shall have the
right to participate therein as mere observers. The filing of any
challenge or protest shall be allowed within the period provided in the
immediately preceding paragraph and shall be ruled upon with finality
within 15 days from the date of filing of such protest or challenge.
(6) Upon the lapse of the aforesaid period, the COMELEC or its duly
authorized representative shall announce the acceptance of
candidates to the position and thereafter prepare the list of candidates
which shall include the name of the official sought to be recalled.
How can a recall be commenced? By a petition of a (1) registered voter in
the LGU concerned; and supported by (2) registered voters in the LGU
concerned during the election in which the local official sought to be recalled
was elected.
At least 25% LGU with a voting population of not more than 20,000.
LGU with a voting population of at least 20,000, but not
more than 75,000.
At least 20%
No case shall the required number of petitioners be less
than 5,000.
LGU with a voting population of at least 75,000, but not
more than 300,000.
At least 15%
No case shall the required number of petitioners be less
than 15,000.
LGUs with a voting population of over 300,000.
At least 10%
No case shall the required petitioners be less than 45,000.
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Process of recall
SECTION 71. ELECTION ON RECALL
COMELEC - within 15
days from the filing certify Upon the filing of a valid resolution or petition for recall with the appropriate
Representatives Such petition the sufficiency of the
of the petitioners shall then be signatures. local office of the COMELEC, the Commission or its duly authorized
must sign a filed with the
written petition COMELEC • Failure to obtain the representative shall set the date of the election on recall, which shall not be
for recall before through its office required number of
the election in the LGU signatures automatically later than thirty (30) days after the filing of the resolution or petition for recall
registrar. concerned. nullifies the petition.
in the case of the barangay, city, or municipal officials and forty-five (45)
days in the case of provincial officials. The official or officials sought to be
recalled shall automatically be considered as duly registered candidate or
candidates to the pertinent positions and, like other candidates, shall be
If the petition is entitled to be voted upon.
Representatives
of the petitioners sufficient - COMELEC,
and the official COMELEC - within 3 days from the
shall be duly proceed with the issuance of the
notified and verification and
authentication of
certification provide: Commissoner
have the right to
participate as the signatures. • Copy of the petition or
• Cause its publication representative
observers. Official/s recalled
Filing of a valid shall set a date shall be
resolution or for the election automatically
petition for recall recall
with a local considered as
COMELEC office • 30 days - duly registered
barangay, city, or candidate/s
municipal officials
Filing any COMELEC then • 45 days -
challenge or Finality shall be Upon the lapse will prepare a list provincial officials
protest shall ruled within 15 of such period, of candidates,
be allowed days from the COMELEC shall which shall
within the date of filing of announce the include the
period such protest or acceptance of name of the
provided. challenge. the candidates. official sought to
be recalled. SECTION 72. EFFECTIVITY OF RECALL
The recall of an elective local official shall be effective only upon the election
and proclamation of a successor in the person of the candidate receiving the
Requirements for the petition to recall –
highest number of votes cast during the election on recall. Should the official
ü Names, addresses, and signatures of the petitioners.
sought to be recalled receive the highest number of votes, confidence in him
ü Name of the official sought to be recalled.
is thereby affirmed, and he shall continue in office.
ü Must be written in legible form.
ü The barangay, city, or municipality, local legislative district and the
When is it effective?
province to which the petitioners belong.
- Only upon the election and proclamation of a successor
ü Reasons and justifications of the recall.
• Highest number of votes
• Cast during the election on recall
Is COMELEC the sole authority?
No. The law says, COMELEC or its duly authorized representatives.

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Can the one being recalled continue office?
- Yes, but only if he receive the highest of votes.
SECTION 73. PROHIBITION
FROM RESIGNATION
The elective local official sought to be recalled shall not be allowed to resign
while the recall process is in progress.
Can the elective local official resign during the process?
No.
SECTION 74. LIMITATION ON RECALL
(a) Any elective local official may be the subject of a recall election only once
during his term of office for loss of confidence.
(b) No recall shall take place within one (1) year from the date of the official's
assumption to office or one (1) year immediately preceding a regular local
election.
Can an elective local official be subjected to a recall more than once?
No.
How many years?
- No recall shall take place within 1 year from:
• Assumption of office; or
• Immediately preceding a regular local election.
PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
SECTION 77. RESPONSIBILITY FOR HUMAN
RESOURCES AND DEVELOPMENT
The chief executive of every local government unit shall be responsible for
human resources and development in his unit and shall take all personnel
actions in accordance with the Constitutional provisions on civil service,
pertinent laws, and rules and regulations thereon, including such policies,
guidelines and standards as the Civil Service Commission may establish:
Provided, That the local chief executive may employ emergency or casual
employees or laborers paid on a daily wage or piecework basis and hired
through job orders for local projects authorized by the sanggunian
concerned, without need of approval or attestation by the Civil Service
Commission: Provided, further, That the period of employment of emergency
or casual laborers as provided in this Section shall not exceed six (6)
months.
Who shall be responsible for HR and development in his unit?
- The Local Chief Executive of such LGU.
Can the LCE employ emergency or casual employees?
- Yes. Such emergency or casual employees may be paid on a daily wage or
piece-work basis. They may also be hired through job orders for local
projects authorized by the sanggunian without any approval or attestation
from the Civil Service Commission.
- However, employment shall not exceed six (6) months.
Who are workers paid on a piece-rate basis?
- Those who are paid a standard amount for every piece or unit of work
produced that is more or less regularly replicated, without regard to the time
spent in producing the same.
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SECTION 78. CIVIL SERVICE LAW,
RULES AND REGULATIONS, AND
OTHER RELATED ISSUANCES
All matters pertinent to human resources and development in local
government units shall be governed by the civil service law and such rules
and regulations and other issuances promulgated pursuant thereto, unless
otherwise specified in this Code.
General rule: All matters pertinent to human resources and development in
LGUs shall be governed by:
- The Civil Service Law;
- Rules and regulations, and other issuances
Exception: Unless there is something else specified.
Resignation – The act of giving up or the act of an officer by which he
declines his office and renounces the right to further use it.
Requisites:
(1) Intent to relinquish a part of the term;
(2) Act of relinquishment; and
(3) Acceptance by proper authority.
ü Relinquishment may also be thru voluntary abandonment.
Abandonment – It is the voluntary relinquishment of an office by the holder
with the intention of terminating his position and control thereof.
Requisites:
(1) There must be an intent to abandon; and
(2) An overt act.
ü The Civil Service Commission (CSC) has the authority to revoke or
cancel an appointment to a civil service position after the Regional
Office approves the same and the appointee has assumed office.
ü The CSC has the power to “hear and decide administrative cases
instituted before it directly or on appeal, including contested
PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
appointments, and review decisions and actions of its agencies and of
the agencies attached to it.”
ü An appointee may be recalled for “violation of other existing Civil
Service laws, rules and regulations.”
ü If an employee has been continually absent for 30 days without
approved leave, no prior notice is needed to drop him from the roll.
Subject to notice and hearing.
ü Judicial review of CSC decisions shall be heard by the Court of Appeals
via appeal 15 days after the notice of denial of the motion for
reconsideration duly filed in accordance with the governing law of the
court or agency a quo.
SECTION 79. LIMITATION TO
APPOINTMENTS
No person shall be appointed in the career service of the local government if
he is related within the fourth civil degree of consanguinity or affinity to the
appointing or recommending authority.
Who cannot be appointed?
- A person related within the fourth civil degree of consanguinity or affinity to
the appointing or recommending authority.
ü A conclusion of law is a determination by judgment or ruling authority
regarding the law that applies in a particular case.
ü A narration of facts an accounting or description of the particulars of an
event or occurrence.
Permanent employees employed by local government units are
required to file the following:
(1) Sworn statement of assets, liabilities and net worth (SALN);
(2) List of relatives within the 4th civil degree of affinity or consanguinity in
government service;
(3) Financial and business interest; and
(4) Personal data sheets.
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SECTION 80. PUBLIC NOTICE OF VACANCY;
PERSONNEL SELECTION BOARD
(a) Whenever a local executive decides to fill a vacant career position, there
shall be posted notices of the vacancy in at least three (3) conspicuous
public places in the local government unit concerned for a period of not less
than fifteen (15) days.
(b) There shall be established in every province, city or municipality a
personnel selection board to assist the local chief executive in the judicious
and objective selection or personnel for employment as well as for
promotion, and in the formulation of such policies as would contribute to
employee welfare.
(c) The personnel selection board shall be headed by the local chief
executive, and its members shall be determined by resolution of the
sanggunian concerned. A representative of the Civil Service Commission, if
any, and the personnel officer of the local government unit concerned shall
be ex officio members of the board.
Local executive decides to fill a vacant career position –
- Post notices of the vacancy;
- At least 2 conspicuous public places in the LGU;
- For a period, not less than 15 days.
Who shall formulate policies for employee welfare and selection of
personnel for employment and promotion?
- The Personnel Selection Board
- Such shall be established in every province, city, or municipality.
Who are the members of the PSB?
- It is headed by the local chief executive.
- Members shall be determined by resolution of the sanggunian concerned.
- A representative of the Civil Service Commission, if any.
- Personnel officer of the LGU concerned.
PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
SECTION 81. COMPENSATION OF
LOCAL OFFICIALS AND EMPLOYEES
The compensation of local officials and personnel shall be determined by the
sanggunian concerned: Provided, That the increase in compensation of
elective local officials shall take effect only after the terms of office of those
approving such increase shall have expired: Provided, further, That the
increase in compensation of the appointive officials and employees shall
take effect as provided in the ordinance authorizing such increase: Provided,
however, That said increases shall not exceed the limitations on budgetary
allocations for personal services provided under Title Five, Book II of this
Code: Provided, finally, That such compensation may be based upon the
pertinent provisions of Republic Act Numbered Sixty-seven fifty-eight (R.A.
No 6758), otherwise known as the "Compensation and Position
Classification Act of 1989".
The punong barangay, the sangguniang barangay member, the
sangguniang kabataan chairman, the barangay treasurer, and the barangay
secretary shall be entitled to such compensation, allowances, emoluments,
and such other privileges as provided under Title One Book III of this Code.
Elective local officials shall be entitled to the same leave privileges as those
enjoyed by appointive local officials, including the cumulation and
commutation thereof.
Who shall determine the compensation?
- The Sanggunian concerned.
If there is an increase, when shall it effect?
- After the terms of office of those approving such increased have expired.
- It shall take effect as provided in the ordinance authorizing it.
ü Increases shall not exceed the limitations on budgetary allocations.
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Who shall furnish the copies?

SECTION 82. RESIGNATION OF
- Copies of resignation letters shall be furnished by the DILG.
ELECTIVE LOCAL OFFICIALS - This must also be in writing.

(a) Resignations by elective local officials shall be deemed effective only When is the resignation deemed accepted?
upon acceptance by the following authorities: - If not acted upon by the authority concerned within 15 days from receipt.
(1) The President, in the case of governors, vice-governors, and mayors - Irrevocable resignations by sanggunian members before an open session.
and vice-mayors of highly urbanized cities and independent
component cities; SECTION 83. GRIEVANCE PROCEDURE
(2) The governor, in the case of municipal mayors, municipal vice-mayors,
city mayors and city vice-mayors of component cities;
In every LGU, the local chief executive shall establish a procedure to inquire
(3) The sanggunian concerned, in the case of sanggunian members; and
into, act upon, resolve or settle complaints and grievances presented by
(4) The city or municipal mayor, in the case of barangay officials.
local government employees.

(b) Copies of the resignation letters of elective local officials, together with
Who shall establish the procedure?
the action taken by the aforesaid authorities, shall be furnished by the
- The local chief executive.
Department of the Interior and Local Government.
What is this procedure for?
(c) The resignation shall be deemed accepted if not acted upon by the
- Such will be established to inquire into, act upon, resolve or settle
authority concerned within fifteen (15) days from receipt thereof.
complaints and grievances.

(d) Irrevocable resignations by sanggunian members shall be deemed

Who can file?
accepted upon presentation before an open session of the sanggunian
- It shall be presented by local government employees.
concerned and duly entered in its records: Provided, however, That this
subsection does not apply to sanggunian members who are subject to recall
elections or to cases where existing laws prescribed the manner of acting SECTION 84. ADMINISTRATIVE DISCIPLINE
upon such resignations.
Investigation and adjudication of administrative complaints against
When is resignation deemed effective? appointive local officials and employees as well as their suspension and
Once it is accepted by: removal shall be in accordance with the civil service law and rules and other
The President – In cases of governors, vice-governors, mayors, and vice- pertinent laws. The results of such administrative investigations shall be
mayors of highly urbanized cities and independent component cities. reported to the Civil Service Commission.
The Governor – Municipal mayors and vice-mayors, city mayors and vice-
mayors of component cities. What rule shall be applied?
The Sanggunian concerned – Sanggunian members. - Civil Service Law
The city or municipal mayor – Barangay officials. - Other rules and pertinent laws

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Where shall the results be reported to?
- The Civil Service Commission
SECTION 85. PREVENTIVE SUSPENSION
OF APPOINTIVE LOCAL OFFICIALS
AND EMPLOYEES
(a) The local chief executives may preventively suspend for a period not
exceeding sixty (60) days and subordinate official or employee under his
authority pending investigation if the charge against such official or
employee involves dishonesty, oppression or grave misconduct or neglect in
the performance of duty, or if there is reason to believe that the respondent
is guilty of the charges which would warrant his removal from the service.
(b) Upon expiration of the preventive suspension, the suspended official or
employee shall be automatically reinstated in office without prejudice to the
continuation of the administrative proceedings against him until its
termination. If the delay in the proceedings of the case is due to the fault,
neglect or request of the respondent, the time of the delay shall not be
counted in computing the period of suspension herein provided.
Who has the power to suspend?
- The local chief executive.
For how long?
- A period not exceeding 60 days.
Can an official or employee be reinstated?
Yes. Upon expiration of the preventive suspension, such can be reinstated
without prejudice to the continuation of the administrative proceedings
against him until his termination.
The Ombudsman and his deputies may impose preventive suspension:
• If the evidence of guilt is strong;
• If any of the following circumstances are present:
PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
o The charge against such officer or employee involves dishonesty,
oppression, or grave misconduct or neglect in the performance of his
duties;
o The charges would warrant removal from service; or
o The respondent’s continued stay in office would prejudice the case
against him.
ü A preventive suspension is not a penalty, but a preliminary step in an
administrative case. Thus, it may be brought before or after charges are
filed.
Types of preventive suspension:
ü Preventive suspension pending investigation – Not a penalty, but a
means to conduct an unhampered investigation.
ü Preventive suspension pending appeal – Punitive, but would be
considered illegal if exonerated; and thus, would warrant payment of
back wages.
SECTION 86. ADMINISTRATIVE
INVESTIGATION
In any local government unit, administrative investigation may be conducted
by a person or a committee duly authorized by the local chief executive. Said
person or committee shall conduct hearings on the cases brought against
appointive local officials and employees and submit their findings and
recommendations to the local chief executive concerned within fifteen (15)
days from the conclusion of the hearings. The administrative cases herein
mentioned shall be decided within ninety (90) days from the time the
respondent is formally notified of the charges.
Who can investigate?
- A person or committee duly authorized by the local chief executive.
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Procedure – Can it be appealed?

Yes. To the Civil Service Commission if the penalty imposed is heavier than
suspension of 30 days. Such shall be decided within 30 days from the
Decided
receipt.
Submit findings and upon within
recommendations to 90 days
the local chief
Hearings on
the cases
Conclusion
of hearings executive within 15
days from the
from the
time the SECTION 88. EXECUTION PENDING APPEAL
conclusion of respondent
hearings is formally
notified. An appeal shall not prevent the execution of a decision of removal or
suspension of a respondent-appellant. In case the respondent-appellant is
exonerated, he shall be reinstated to his position with all the rights and
privileges appurtenant thereto from the time he had been deprived thereof.

SECTION 87. DISCIPLINARY JURISDICTION
Except as otherwise provided by law, the local chief executive may impose
the penalty of removal from service, demotion in rank, suspension for not
more than one (1) year without pay, fine in an amount not exceeding six (6)
months of salary, or reprimand and otherwise discipline subordinate officials
and employees under his jurisdiction. If the penalty imposed is suspension
without pay for not more than thirty (30) days, his decision shall be final. If
the penalty imposed is heavier than suspension of thirty (30) days, the
decision shall be appealable to the Civil Service Commission, which shall
decide the appeal within thirty (30) days from receipt thereof.
Who can investigate and decide?
- The local chief executive.
General rule: The local chief executive may impose the penalty for:
- Removal from service;
- Demotion in rank;
- Suspension for not more than 1 year w/o pay;
- Fine in an amount not exceeding 6 months of salary; and
- Reprimand and otherwise discipline subordinate officials and employees
under his jurisdiction.
Exception: If it is otherwise provided by law.
Can an appeal prevent execution of a decision of removal or
suspension?
No. The respondent shall only be exonerated.
Can he be reinstated?
Yes even with all the rights and privileges from the time he had been
deprived of it.
SECTION 89. PROHIBITED BUSINESS AND
PECUNIARY INTEREST
(a) It shall be unlawful for any local government official or employee, directly
or indirectly, to:
(1) Engage in any business transaction with the local government unit
in which he is an official or employee or over which he has the
power of supervision, or with any of its authorized boards, officials,
agents, or attorneys, whereby money is to be paid, or property or
any other thing of value is to be transferred, directly or indirectly,
out of the resources of the local government unit to such person or
firm;
(2) Hold such interests in any cockpit or other games licensed by a
local government unit;

18

(3) Purchase any real estate or other property forfeited in favor of such
local government unit for unpaid taxes or assessment, or by virtue
of a legal process at the instance of the said local government unit;
(4) Be a surety for any person contracting or doing business with the
local government unit for which a surety is required; and
(5) Possess or use any public property of the local government unit for
private purposes.
(b) All other prohibitions governing the conduct of national public officers
relating to prohibited business and pecuniary interest so provided for under
Republic Act Numbered Sixty-seven thirteen (R.A. No. 6713) otherwise
known as the "Code of Conduct and Ethical Standards for Public Officials
and Employees" and other laws shall also be applicable to local government
officials and employees.
ü Penalty for this violation is imprisonment for 6 months and one day to
six years or a fine of Php 3,000 – 10,000, or both.
ü The prohibited interest extends to the conjugal partnership of gains.
ü Article 160 of the Civil Code provides that all property of the marriage
shall belong to the conjugal partnership; and, art 143 provides that such
shall belong in common to the husband and wife.
SECTION 90. PRACTICE OF PROFESSION
(a) All governors, city and municipal mayors are prohibited from practicing
their profession or engaging in any occupation other than the exercise of
their functions as local chief executives.
(b) Sanggunian members may practice their professions, engage in any
occupation, or teach in schools except during session hours: Provided, that
sanggunian members who are also members of the Bar shall not:
(1) Appear as counsel before any court in any civil case wherein a local
government unit or any office, agency, or instrumentality of the
government is the adverse party;
(2) Appear as counsel in any criminal case wherein an officer or
employee of the national or local government is accused of an offense
committed in relation to his office.
PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
(3) Collect any fee for their appearance in administrative proceedings
involving the local government unit of which he is an official; and
(4) Use property and personnel of the government except when the
sanggunian member concerned is defending the interest of the
government.
(c) Doctors of medicine may practice their profession even during official
hours of work only on occasions of emergency: Provided, That the officials
concerned do not derive monetary compensation therefrom.
ü Sanggunian is allowed to practice profession, unlike governors, because
the sangguniang’s regular session is only held once a week. The
position of governor, on the other hand, is considered a full-time job.
Profession – It is a principal calling, vocation, or employment.
Conflict of interest – It is where the interest of the LGU which the official is
connected are opposed to the interests of the person who obtains his
services.
What if the local elective official is a doctor of medicine?
- Such can practice, however, only during times of emergency and they do
not derive monetary compensation for it.
Practice of profession by provincial governors, city and municipal
mayor. Department of Interior and Local Government Memorandum
Circular No. 90-81 provides:
Conformably with the foregoing, the following guidelines are to be observed
in the grant of permission to the practice of profession and to the acceptance
of private employment of local elective officials, to wit:
(1) The permission shall be granted by the Secretary of Local
Government;
(2) Provincial Governors, City and Municipal Mayors whose duties and
responsibilities require that their entire time be at the disposal of the
government in conformity with Sections 141, 171 and 203 of the Local
Government Code (BP 337), are prohibited to engage in the practice
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of their profession and to accept private employment during their

SECTION 92. OATH OF OFFICE
incumbency:
(3) Other local elective officials may be allowed to practice their
All elective and appointive local officials and employees shall, upon
profession or engage in private employment on a limited basis at the
assumption to office, subscribe to an oath or affirmation of office in the
discretion of the Secretary of Local Government, subject to existing
prescribed form. The oath or affirmation of office shall be filed with the office
laws and to the following conditions:
of the local chief executive concerned. A copy of the oath or affirmation of
(4) That the time so devoted outside of office hours should be fixed by the
office of all elective and appointive local officials and employees shall be
local chief executive concerned to the end that it will not impair in any
preserved in the individual personal records file under the custody of the
way the efficiency of the officials concerned;
personnel office, division, or section of the local government unit concerned.
(5) That no government time, personnel, funds or supplies shall be
utilized in the pursuit of one's profession or private employment;
Is the oath of office required?
(6) That no conflict of interests between the practice of profession or
Yes. It is done upon assumption of office, and in a prescribed form.
engagement in private employment and the official duties of the
concerned official shall arise thereby;
Where or to whom shall the oath or affirmation be filed?
(7) Such other conditions that the Secretary deems necessary to impose
- It shall be file with the local chief executive concerned.
on each particular case, in the interest of public service.

Should a copy be given?

SECTION 91. STATEMENT OF Yes. It shall be preserved in the individual personal records under the
custody of the personnel office, division, or section of the LGU concerned.
ASSETS AND LIABILITIES
Officials and employees of local government units shall file sworn statements SECTION 93. PARTISAN
of assets, liabilities and net worth, lists of relatives within the fourth civil
POLITICAL ACTIVITY
degree of consanguinity or affinity in government service, financial and
business interests, and personnel data sheets as required by law.
No local official or employee in the career civil service shall engage directly
or indirectly in any partisan political activity or take part in any election,
What shall be filed?
initiative, referendum, plebiscite, or recall, except to vote, nor shall he use
- Sworn statements of assets, liabilities, and net worth.
his official authority or influence to cause the performance of any political
- A list of relatives within the fourth civil degree of consanguinity or affinity in
activity by any person or body. He may, however, express his views on
the government service.
current issues, or mention the names of certain candidates for public office
- Financial and business interests.
whom he supports. Elective local officials may take part in partisan political
- Personal data sheets which are required by law.
and electoral activities, but it shall be unlawful for them to solicit contributions
from their subordinates or subject these subordinates to any of the prohibited
acts under the Omnibus Election Code.

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What cannot the local official or employee do?
- Directly or indirectly engage in any partisan political activity.
- Take part in any election, initiative, referendum, plebiscite, or recall.
- Use his official authority to influence to cause the performance of any
political activity by any person or body.
What can the local official or employee do?
- Vote.
- Express his views on current issues.
- Mention the names of certain candidates whom he supports.
General rule for partisan political activity: He may not directly or indirectly
engage.
Exception: If such local elective official shall not solicit contributions from
their subordinates, or subject these subordinates to any prohibited acts.
SECTION 94. APPOINTMENT OF ELECTIVE
AND APPOINTIVE LOCAL OFFICIALS;
CANDIDATES WHO LOST IN AN ELECTION
(a) No elective or appointive local official shall be eligible for appointment or
designation in any capacity to any public office or position during his tenure.
Unless otherwise allowed by law or by the primary functions of his position,
no elective or appointive local official shall hold any other office or
employment in the government or any subdivision, agency or instrumentality
thereof, including government-owned or controlled corporations or their
subsidiaries.
(b) Except for losing candidates in barangay elections, no candidate who lost
in any election shall, within one (1) year after such election, be appointed to
any office in the government or any government-owned or controlled
corporations or in any of their subsidiaries.
PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
Article 244 of the revised penal code provides that:
“Unlawful appointments. - Any public officer who shall knowingly nominate or
appoint to any public office any person lacking the legal qualifications
therefor, shall suffer the penalty of arresto mayor and a fine not exceeding
1,000 pesos.”
SECTION 95. ADDITIONAL
OR DOUBLE COMPENSATION
No elective or appointive local official or employee shall receive additional,
double, or indirect compensation, unless specifically authorized by law, nor
accept without the consent of Congress, any present, emoluments, office, or
title of any kind from any foreign government. Pensions or gratuities shall not
be considered as additional, double, or indirect compensation.
General rule: No elective or appointive local official or employee shall
receive additional, double, or indirect compensation.
Exception: Unless it is specifically authorized by law.
What are not considered additional payment?
- Pensions
- Gratuities
SECTION 96. PERMISSION
TO LEAVE STATION
(a) Provincial, city, municipal, and barangay appointive officials going on
official travel shall apply and secure written permission from their respective
local chief executives before departure. The application shall specify the
reasons for such travel, and the permission shall be given or withheld based
on considerations of public interest, financial capability of the local
government unit concerned and urgency of the travel.
Should the local chief executive concerned fall to act upon such application
within four (4) working days from receipt thereof, it shall be deemed
approved.
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- Their respective sanggunian.

(b) Mayors of component cities and municipalities shall secure the
permission of the governor concerned for any travel outside the province. What if it extends to more than 3 months, during emergency, or crisis?
- Permission must be from the Office of the President.
(c) Local government officials traveling abroad shall notify their respective
sanggunian: Provided, That when the period of travel extends to more than ü Effect of improper reimbursement due to failure to obtain permission.
three (3) months, during periods of emergency or crisis or when the travel ü There must be first a valid travel order issued by the proper authorities
involves the use of public funds, permission from the Office of the President before travel outside the province.
shall be secured. ü Unauthorized travel expenses shall not be reimbursed if not ratified by
the local chief executive.
(d) Field officers of national agencies or offices assigned in provinces, cities, ü Punishable under section 3(e) of the Anti-Graft and Corrupt practice Act.
and municipalities shall not leave their official stations without giving prior
written notice to the local chief executive concerned. Such notice shall state
SECTION 97. ANNUAL REPORT
the duration of travel and the name of the officer whom he shall designate to
act for and in his behalf during his absence.
On or before March 31 of each year, every local chief executive shall submit
an annual report to the sanggunian concerned on the socio-economic,
What should be applied for if officials want to travel?
political and peace and order conditions, and other matters concerning the
- A written permission from their respective local chief executives.
local government unit, which shall cover the immediately preceding calendar
year. A copy of the report shall be forwarded to the Department of the
When?
Interior and Local Government. Component cities and municipalities shall
- Before departure.
likewise provide the sangguniang panlalawigan copies of their respective
annual reports.
What is required in the application?
- Reasons for the travel.
When shall the local chief executive submit an annual report?
- Permission.
- On or before March 31 of every year.
- Financial capability.
- Urgency of the travel.
Where shall the copy of the report be forwarded?
- DILG
When will it be deemed approved?
- If the local chief executive fail to act upon such application within 4 days
from receipt. SECTION 305. FUNDAMENTAL PRINCIPLES
From whom shall mayors secure permission? The financial affairs, transactions, and operations of local government units
- The governor. shall be governed by the following fundamental principles:
- Only for travels outside the province.
(a) No money shall be paid out of the local treasury except in pursuance
From whom shall local government officials secure permission? of an appropriations ordinance or law;

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(b) Local government funds and monies shall be spent solely for public ü Application of ordinance necessary prior to payment of judgment.
purposes; ü Although the liability of the state, in a suit, is ascertained through final
(c) Local revenue is generated only from sources expressly authorized by judgment, the state is at liberty to determine for itself whether to pay the
law or ordinance, and collection thereof shall at all times be judgment or not.
acknowledged properly; ü Execution cannot be issued against the state.
(d) All monies officially received by a local government officer in any
capacity or on any occasion shall be accounted for as local funds,
unless otherwise provided by law;
(e) Trust funds in the local treasury shall not be paid out except in
fulfillment of the purpose for which the trust was created or the funds
received;
(f) Every officer of the local government unit whose duties permit or
require the possession or custody of local funds shall be properly
bonded, and such officer shall be accountable and responsible for said
funds and for the safekeeping thereof in conformity with the provisions
of law;
(g) Local governments shall formulate sound financial plans, and local
budgets shall be based on functions, activities, and projects, in terms
of expected results;
(h) Local budget plans and goals shall, as far as practicable, be
harmonized with national development plans, goals, and strategies in
order to optimize the utilization of resources and to avoid duplication in
the use of fiscal and physical resources;
(i) Local budgets shall operationalize approved local development plans;
(j) Local government units shall ensure that their respective budgets
incorporate the requirements of their component units and provide for
equitable allocation of resources among these component units;
(k) National planning shall be based on local planning to ensure that the
needs and aspirations of the people as articulated by the local
government units in their respective local development plans are
considered in the formulation of budgets of national line agencies or
offices;
(l) Fiscal responsibility shall be shared by all those exercising authority
over the financial affairs, transactions, and operations of the local
government units; and
(m) The local government unit shall endeavor to have a balanced budget
in each fiscal year of operation.

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