ELLECTIVE OFFICIALS

OLIVER M. ORNEDO
MPA-OS
 QUALIFICATIONS
a) An elective local official must be :
- a citizen of the Philippines
- a registered voter in the barangay, municipality, city, or
province or, in case of a member of the sangguniang
panlalawigan, sangguniang panlunsod, sangguniang
pambayan, the diistrict where he intends to be elected
- a resident therein for at least one year immediately
preceding the day of their election
- able to read and write Filipino or any other local language
or dialect.

b) Candidates for the position of governor, vice- governor or

member of the Sangguniang Panlalawigan, or Mayor, vice-mayor
or member of the Sangguniang Panlungsod of highly urbanized
cities must be at least twenty-three (23) years of age on election
day.
(c) Candidates for the position of Mayor or vice-mayor of
independent component cities, component cities, municipalities
must be at least twenty-one (21) years of age on election day.

(d) Candidates for the position of member of the Sangguniang

Panlungsod or Sangguniang bayan must be at least eighteen

(18) years of age on election day.

(e) Candidates for the position of Punong Barangay or member

of the Sangguniang Barangay must be at least eighteen (18)
years of age on election day.

(f) Candidates for the Sangguniang kabataan must be at least

fifteen (15) years of age but not more than twenty-one (21) years
of age on election day.
 DISQUALIFICATIONS
(a) Those sentenced by final judgment for an offense involving
moral turpitude or for an offense punishable by one (1) year
or more of imprisonment, within two (2) years after serving
sentence;

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

case;

(c) Those convicted by final judgment for violating the oath of

allegiance to the Republic;

(d) Those with dual citizenship;

(e) Fugitives from justice in criminal or nonpolitical cases here or

abroad;

(f) Permanent residents in a foreign country or those who have

acquired the right to reside abroad and continue to avail of

the same right after the effectivity of this Code; and

(g) The insane or feeble-minded.

 Manner of Election
(a) The governor, vice-governor, city Mayor, city vice-mayor,
municipal Mayor, municipal vice-mayor, and Punong Barangay
shall be elected at large in their respective units by the qualified

voters therein. However, the Sangguniang kabataan chairman

for each Barangay shall be elected by the registered voters of
the katipunan ng kabataan, as provided in this Code.

(b) The regular members of the Sangguniang Panlalawigan,

Sangguniang Panlungsod, and Sangguniang bayan shall be

elected by district, as may be provided for by law.

Sangguniang Barangay members shall be elected at large. The
presidents of the leagues of Sanggunian members of component
cities and municipalities shall serve as ex officio members of the
Sangguniang Panlalawigan concerned. The presidents of the
liga ng mga Barangay and the pederasyon ng mga
Sangguniang kabataan elected by their respective chapters, as
provided in this Code, shall serve as ex officio members of the
Sangguniang Panlalawigan, Sangguniang Panlungsod, and

Sangguniang bayan.
(c) In addition thereto, there shall be one (1) sectoral
representative from the women, one (1) from the workers, and
one (1) from any of the following sectors: the urban poor,
indigenous cultural communities, disabled persons, or any other
sector as may be determined by the Sanggunian concerned
within ninety (90) days prior to the holding of the next local
elections, as may be provided for by law. The Comelec shall
promulgate the rules and regulations to effectively provide for
the election of such sectoral representatives.
Date of Election. - Unless otherwise provided by law, the
elections for local officials shall be held every three (3) years on
the second Monday of May.

Term of Office.
(a) The term of office of all local elective officials elected after
the effectivity of this Code shall be three (3) years, starting from
noon of June 30, 1992 or such date as may be provided for by
law, except that of elective Barangay officials: Provided, That all
local officials first elected during the local elections immediately
following the ratification of the 1987 Constitution shall serve until
noon of June 30, 1992.
(b) No local elective official shall serve for more than three (3)
consecutive terms in the same position. Voluntary renunciation
of the office for any length of time shall not be considered as an
interruption in the continuity of service for the full term for which
the elective official concerned was elected.

(c) The term of office of Barangay officials and members of the

Sangguniang kabataan shall be for three (3) years, which shall
begin after the regular election of Barangay officials on the
second Monday of May 1994.
 VACANCIES AND SUCCESSION
Permanent Vacancies in the Offices of the Governor,
ViceGovernor, Mayor, and Vice-Mayor. - If a permanent
vacancy occurs in the office of the governor or Mayor, the vice-
governor or vice-mayor concerned shall become the governor
or Mayor. If a permanent vacancy occurs in the offices of the
governor, vice-governor, Mayor, or vice-mayor, the highest
ranking Sanggunian member or, in case of his permanent
inability, the second highest ranking Sanggunian member, shall
become the governor, vice-governor, Mayor or vice-mayor, as
the case may be. Subsequent vacancies in the said office shall
be filled automatically by the other Sanggunian members
according to their ranking as defined herein.
(b) If a permanent vacancy occurs in the office of the Punong
Barangay, the highest ranking Sanggunian Barangay member
or, in case of his permanent inability, the second highest ranking
Sanggunian member, shall become the Punong Barangay.

(c) A tie between or among the highest ranking Sanggunian

members shall be resolved by the drawing of lots.

(d) The successors as defined herein shall serve only the

unexpired terms of their predecessors. For purposes of this
Chapter, a permanent vacancy arises when an elective local
official fills a higher vacant office, refuses to assume office, fails
to qualify, dies, is removed from office, voluntarily resigns, or is
otherwise permanently incapacitated to discharge the functions
of his office.
For purposes of succession as provided in this Chapter, ranking
in the Sanggunian shall be determined on the basis of the
proportion of votes obtained by each winning candidate to the
total number of registered voters in each district in the
immediately preceding local election.

Permanent Vacancies in the Sanggunian.

(a) Permanent vacancies in the Sanggunian where automatic

successions provided above do not apply shall be filled by
appointment in the following manner:

(1) The President, through the Executive Secretary, in the case

of the Sangguniang Panlalawigan and the Sangguniang
Panlungsod of highly urbanized cities and independent
component cities;
 (2) The governor, in the case of the Sangguniang
Panlungsod of component cities and the Sangguniang
bayan;

(3) The city or municipal Mayor, in the case of

Sangguniang Barangay, upon recommendation of the
Sangguniang Barangay concerned.

(b) Except for the Sangguniang Barangay, only the nominee of

the political party under which the Sanggunian member
concerned had been elected and whose elevation to the
position next higher in rank created the last vacancy in the
Sanggunian shall be appointed in the manner hereinabove
provided.
The appointee shall come from the same political party as that
of the Sanggunian member who caused the vacancy and shall
serve the unexpired term of the vacant office. In the
appointment herein mentioned, a nomination and a certificate
of membership of the appointee from the highest official of the
political party concerned are conditions sine qua non, and any
appointment without such nomination and certification shall be
null and void ab initio and shall be a ground for administrative
action against the official responsible therefor.
(c) In case the permanent vacancy is caused by a Sanggunian
member who does not belong to any political party, the local
chief executive shall, upon recommendation of the Sanggunian
concerned, appoint a qualified person to fill the vacancy.

(d) In case of vacancy in the representation of the youth and the

Barangay in the Sanggunian, said vacancy shall be filled
automatically by the official next in rank of the organization
concerned.
Temporary Vacancy in the Office of the Local Chief Executive. -
(a) When the governor, city or municipal Mayor, or Punong
Barangay is temporarily incapacitated to perform his duties for
physical or legal reasons such as, but not limited to, leave of
absence, travel abroad, and suspension from office, the vice-
governor, city or municipal vice-mayor, or the highest ranking
Sangguniang Barangay member shall automatically exercise
the powers and perform the duties and functions of the local
chief executive concerned, except the power to appoint,
suspend, or dismiss employees which can only be exercised if
the period of temporary incapacity exceeds thirty (30) working
days
(b) Said temporary incapacity shall terminate upon submission
to the appropriate Sanggunian of a written declaration by the
local chief executive concerned that he has reported back to
office. In cases where the temporary incapacity is due to legal
causes, the local chief executive concerned shall also submit
necessary documents showing that said legal causes no longer
exist.

(c) When the incumbent local chief executive is traveling within

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

(d) In the event, however, that the local chief executive

concerned fails or refuses to issue such authorization, the vice-
governor, the city or municipal vice-mayor, or the highest
ranking Sangguniang Barangay member, as the case may be,
shall have the right to assume the powers, duties, and functions
of the said office on the fourth (4th) day of absence of the said
local chief executive, subject to the limitations provided in
subsection (c) hereof.
(e) Except as provided above, the local chief executive shall in
no case authorize any local official to assume the powers,
duties, and functions of the office, other than the vice-governor,
the city or municipal vice- Mayor, or the highest ranking
Sangguniang Barangay member, as the case may be.

Approval of Leaves of Absence. –

(a) Leaves of absence of local elective officials shall be

approved as follows:

(1) Leaves of absence of the governor and the Mayor of

a highly urbanized city or an independent component
city shall be approved by the President or his duly
authorized representative;
(2) Leaves of absence of a vice-governor or a city or municipal
vice-mayor shall be approved by the local chief executive
concerned: Provided, That the leaves of absence of the
members of the Sanggunian and its employees shall be
approved by the vice-governor or city or municipal vicemayor
concerned;

(3) Leaves of absence of the component city or municipal

Mayor shall be approved by the governor; and

(4) Leaves of absence of a Punong Barangay shall be approved

by the city or municipal mayor: Provided, That leaves of
 absence of Sangguniang Barangay members shall be
approved by the Punong Barangay.

(b) Whenever the application for leave of absence hereinabove

specified is not acted upon within five (5) working days after
receipt thereof, the application for leave of absence shall be
deemed approved.
THANK YOU !!!!