October 27, 2018 PREVENTIVE SUSPENSION

- It is not a penalty, it is only done beacause of certain grounds

There is that such other grounds as may be provided by the LGU code so like to prevent tampering of evidence under the care of the
it is not limited only on those enumerated on that section, but what is respondent or danger to life and property.
more important is that last statement that says that “an elective official - Since it is not a penalty the requirement of due process may
may be removed from office by an order of the proper court, I not be complied with. In other words there could be preventive
emphasized this because this has been settled in jurisprudence that when suspension even without notice and hearing.
a person avails of a remedy against an elective official based on the local - Take note also of those authorities who are given the power to
government code then there is no penalty of removal of office it has to be issue a preventive suspension order, It is not the Sanggunian in
by the order of the proper court. In other words if you look at the case of barangay elective officials, it is the Local Chief Executive
grounds, any of the ground for filing of a complaint against an elective as recommended by the sanggunian bayan concerned. The
official. office of the President of course it is the one who issues the
preventive suspension order.
WHERE TO FILE?
LIMITATION OF PREVENTIVE SUSPENSION:
If an elective official is from the Province, HUC, ICC or Component city the
complaint is certified in the Office of the President, take note may twist - Prohibited within the 90 days prior to a local election. So
jan diba it is a division from the other things that we learned that when it second Monday of may 90 days prior to it no preventive
comes to a component city it is the province that has authority over it but suspension.
this time, when it is a complaint against an elective official in a - LGU code also provides that preventive suspension is
component city it goes to the Office of the President, so for complaint automatically lifted upon the commencement of the 90 day
against an elective official of a municipality it goes to the sangguniang period.
panlalawigan and for elective barangay officials to the Sanggunian Bayan
or Sangguniang Pangluungsod as the case may be. EFFECT OF PREVENTIVE SUSPENSION:

Take note of the last statement that say “removal shall be by the order of - If tin the end the respondent is found guilty as charged the
the proper court, in other words even the OP may not impose the penalty preventive suspension could be part of the penalty.
of the removal from office even if that is the proper..(inaudible) - If respondent is exonerated the the respondent shall receive
his salary for the period of suspension.
So kung ikaw yung complainant and you want to remove the mayor, do
not avail of the provisions of the LGU code, you file the case before the Preventive Suspension can be issued after the issues has been joined
ombudsman or before the proper court if your intention is to remove the that’s is after the last pleading has been filed.
mayor from his office, pero kung gusto mong masuspend lang punta aka
sa Sanggunian or LGU provisions. Judicial Affidavit Rule is also applicable in administrative cases because
the purpose of the judicial affidavit rule is to fast track the proceedings.
VERIFIED COMPLAINT
Awarding of damages is not allowed otherwise it is in the nature already
- So there is a verification, we might also add that aside that the of civil case.
complaint should be verified, it is also required that the
complaint shall be accompanied by Certification of non- forum
shopping, in fact that could be part of the verification.
- Non- Compliance results from dismissal without prejudice. Oct. 29

Take note also that an answer need to be verified under the provisions of November 5, 2018
the LGU code.

PROCEDURE: SEC. 68. EXECUTION PENDING APPEAL

1. 7 days from receipt of the verified complaint the respondent The highest penalty could be SUPENSION and NOT removal from office
shall be required to file his verified answer within 15 days then LGC authorizes execution pending appeal which means that even if
from the receipt. the respondent appeals the decision of the Sanngunian or the Office of the
2. The investigation shall commence within 10 days from receipt President as the case may be, it does not stop the execution of that
of the verified answer. decision.

Sanggunians may however come up with their own procedure, ang In cases covered by Rules of Summary Procedure, especially if there is no
problem kasi this is a quasi- judicial function, maghehearing sial parang supersedeas bond filed, then there could be execution ending appeal.
judges, specially for far- flung areas they have no idea of conducting an
administrative procedure. So naelect ung member dahil gwapo, so But in the LGC, there is no need for a bond.
may complaint na nafile and he will say anya ngay aramidek dita?
Anya ngay ammuk dita. KUNANA NGAY! A decision that is appealed where the penalty is suspension, whatever the
length of the period, it is IMMEDIATELY EXECUTORY. That is the meaning
So that’s an added function of the sanggunian, to act as an administrative of execution pending appeal.
body in cases filed against barangay officials. SO hnid lang pala sila
legislators they could also act as administrative bodies with quasi- LGC also tells us that the execution or implementation of a decision shall
judicial functions. be treated same as PREVENTIVE SUSPENSION. (Sec. 63)
  In case the respondent would be exonerated, then such period LIMITATIONS ON RECALL
where he has not receive his salary shall be treated as period of
preventive suspension and he shall be paid. The equivalent  Within one year from assumption of office, there shall be NO
salary or wages is that period that lapse from the time that RECALL proceedings
there is an execution pending appeal.  It is only within 1 year window between 1 year from
 Ang problema lang, syempre elective official, kunware after 3 assumption of office and 1 year prior to local election. In other
yrs tsaka na lng na-exonerate, he could get back his salary for words, recall can be done within the 2nd period of the term of
the period he is supposed to serve. the local elective official.
 PREVENTIVE SUSPENSION IS AUTOMATICALLY LIFTED within
the 90-day period prior to the local election Anyway the term of 3 years in uniform, except in case of a Barangay
Officials whereby Congress may reset or postpone or cancel the local
READ: Disciplinary Action election for Barangay but for provinces, municipalities and cities, it is
uniform of 3 years.
CHAPTER 5: SEC. 69. RECALL
The 2nd year is the only window where there can be a recall proceedings.
Recall is a unique way of removing local elective officials. Local meaning,
it does not apply to members of Congress, Senate, the President or the  An elective official may only be recalled once.
Vice President. They are not covered by the provisions on recall o In other words, if the recall election is not successful,
meaning, he is re-elected, then it is already
READ: Amendatory Law – RA 9244 Feb. 19, 2004. (See Appendix A) prohibited to conduct another recall election for the
same election. So minsan lang per term.
Under LGC, it speaks recall having two methods:  RATIO: If the person/elected official sought to be recalled is re-
elected, that means to say that he has regained the trust and
1. Preparatory Recall Assembly (PRA) confidence of the electorate
2. Registered Voters  REMEMBER: Ground for recall is lose of trust and confidence.
Kaya nga nagpetition yung mga tao, kasi they feel that they no
 RA 9244 had eliminated the Preparatory Recall Assembly so longer trust that official. That is the ONLY ground.
DISREGARD PRA.  So if there is recall election and he is re-elected, we could say
 Under the LGC, PRA shall be composed of the elective officials that, only those petitioners, whether 25%, 20%, 15% or 10%
depending on who is to be recalled but this has been do not trust that elective official BUT the rest has still trust and
eliminated by RA 9244. In other words, there is only one confifence upon that elective official.
method now of recall which is through registered voters.
WHAT IS THAT LOCAL ELECTION BEING REFERRED
REGISTERED VOTERS
Cases decided by SC: If there is a SK or Brgy. Election, it does not affect
It could be 25%, 15% or 10% depending on the number of registered the recall proceedings referring to the 1 yr after assumption of office and
voters. 1 yr prior to the election limitations.

OF COURSE THERE IS A PROCESS Illustration:

 Registered voters would come up with a petition; Term of Office – July 1, 2016 to June 30, 2019
 Required number of assignatories by those who initiated the
recall; July 1, 2016 to June 30, 2017 – 1 year from assumption of
 Verified by the COMELEC; office, NO RECALL.
 Will be open to questions by the officer or elective officials to
be recalled. July 1, 2017 to June 30, 2018 – 2nd yr of term or office, 2nd yr
 If the COMELEC finds it to be sufficient in form and substance, window, MAY RECALL.
COMELEC will now schedule a recall election
o Case: Socrates Reyes vs. Hagedorn
 The incumbent official to be recalled is automatically a
candidate in the recall election July 1, 2018 to June 30, 2019 – last year of assumption of office,
o BLACKOUT 
1 yr prior to election (May 2018 to May 2019), NO RECALL.
RECALL is a remedy to remove elective officials in the LGU not in the
national level.  2nd Monday of May 2019 – backtrack 1 year from this date so
the window is not exactly 1 year but within the 2nd year.
 Once upon a time in Baguio, there was a move to recall the Within that window for recall, if there would be Barangay election, it is
present Mayor and this is a former RTC Judge, former councilor
not considered a local election to determine the 1 year.
and a lawyer, whereas during a live interview, he commented
that he welcome the recall proceedings against him but he also
If during the window where recall could be done, there is a Barangay
said that “let us include the Congressman.”
o Ai apo met daytoy nga Mayor! election, it is not the local election being referred to by the LGC but refers
o How could you recall a Congressman when the to the regular election for the positions in LGU EXCEPT SK and BRGY
provisions of the law on recall applied only to local election.
elective officials. REMEMBER THIS!
 Here, we are talking, PROVINCIAL, CITY, MUNICIPAL, and
BARANGAY ELECTIVE OFFICIALS.
APPENDIX A 1. The Comelec shall, within fifteen (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 signatures automatically
Republic Act No. 9244 February 19 2004 nullifies the petition;

AN ACT ELIMINATING THE PREPARATORY RECALL ASSEMBLY AS A 2. If the petition is found to be sufficient in form, the Comelec or its duly
MODE OF INSTITUTING RECALL OF ELECTIVE LOCAL GOVERNMENT authorized representative shall, within three (3) days form the issuance
OFFICIALS, AMENDING FOR THE PURPOSE SECTIONS 70 AND 71, of the certification, provide the official sought to be recalled a copy of the
CHAPTER 5, TITLE ONE, BOOK I OF REPUBLIC ACT NO. 7160, petition, cause its publication a national newspaper of general circulation
OTHERWISE KNOWN AS THE "LOCAL GOVERNMENT CODE OF 1991", and a newspaper of general circulation in the locality, once a week for
AND FOR OTHER PURPOSES three (3) consecutive weeks at the expense of the petitioners and at the
same time post copies thereof in public and conspicuous places for a
Be it enacted by the Senate and House of Representatives of the Philippines period of not less than ten (10) days nor more than twenty (20) days, for
in Congress assembled: the purpose of allowing interested parties to examine and verify the
validity of the petition and the authenticity of the signatures contained
therein.
SECTION 1. Section 70, Chapter 5, Title One, Book I of Republic Acts No.
7160, otherwise known as the Local Government Code of 1991, is hereby
amended to read as follows: 3. 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
"Section 70. Initiation of the Recall Process. – contained therein. Representatives of the petitioners and the official
sought to be recalled shall be duly notified and shall have the right to
a. The Recall of any elective provincial, city, municipal or barangay official participate therein as mere observers. The filing of any challenge or
shall be commenced by a petition of a registered voter in the local protest shall be allowed within the period provided in the immediately
government unit concerned and supported by the registered voters in the preceding paragraph and shall be ruled upon with finality within fifteen
local government unit concerned during the election in which the local (15) days from the date of filing of such protest or challenge;
official sought to be recalled was elected subject to the following
percentage requirements: 4. Upon the lapse of the aforesaid period, the Comelec or its duly
authorized representative shall announce the acceptance of candidates to
1. At least twenty-five percent (25%) in the case of local government the positive and thereafter prepare the list of candidates which shall
units with a voting population of not more than twenty thousand include the name of the official sought to be recalled."
(20,000);
SEC. 2. Section 71. Chapter 5, Title One, Book I of the Republic Act No.
2. At least twenty percent (20%) in the case of local government units 7160, "Local Government Code of 1991", is hereby amended to read as
with a voting population of at least twenty thousand (20,000) but not follows:
more than seventy-five thousand (75,000): Provided, That in no case shall
the required petitioners be less than five thousand (5,000); (1) "SEC. 71. Election on Recall. - Upon the filing of a valid
petition for recall with the appropriate local office of the
3. At least fifteen percent (15%) in the case of local government nits with Comelec, the Comelec or its duly authorized representative
a voting population of at least seventy-five thousand (75,000) but not shall set the date of the election or recall, which shall not be
more than three hundred thousand (300,000): Provided, however, That later than thirty (30) days upon the completion of the
in no case shall the required number of petitioners be less than fifteen procedure outlined in the preceding article, in the case of the
thousand (15,000); and barangay, city or municipal officials, and forty-five (45) days in
the case of provincial officials. The officials sought to be
recalled shall automatically be considered as duly registered
4. At least ten percent (10%) in the case of local government units with a candidate or candidates to the pertinent positions and, like
voting population of over three hundred thousand (300,000): Provided, other candidates, shall be entitled to be voted upon."
however, That in no case shall the required petitioners be less than forty-
five thousand (45,000).
SEC. 3. All pending petitions for recall initiated through the Preparatory
Recall Assembly shall be considered dismissed upon the effectivity of this
b. The process of recall shall be effected in accordance with the following Act.
procedure:

SEC. 4. All laws, presidential decrees, executive orders, issuances, and

1. A written petition for recall duly signed by the representatives of the rules and regulations, and parts thereof, which are inconsistent with the
petitioners before the election registrar or his representative, shall be provisions of this Act. Are hereby repealed or modified accordingly.
filed with the Comelec through its office in the local government unit
concerned.
SEC. 5. This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in at least two 92) national newspapers of general
2. The petition to recall shall contain the following: circulation.

a. The names and addresses of the petitioners written in legible form and November 10, 2018
their signatures;
Title III. Human Resource Development (sec. 76 – 97)
b. The barangay, city or municipality, local legislative district and the
province to which the petitioners belong; As mandated by the LGC there are positions that are
mandatory to be appointed. You could find them in the latter part of the
c. The name of the official sought to be recalled; and LGC. There are those that are mandatory and there are those which are
optional and there are also those which are co-terminus positions.
d. A brief narration of the reasons and justifications therefore.
Co-terminus position  The appointing official has the wide latitude when it comes to
appointing.
 When we say co-terminus, these are confidential
employees that may have something to do with the Disciplinary Actions
political aspect of governance in the LGU.  Just like elective officials there is also disciplinary actions when it
comes to those that are appointed.
Appointment
 The rules that may be applied are the rules promulgated by the CSC
 As to appointment, what governs are the Civil and there is that obligation of the LGU to establish a grievance
Service Laws, Rules and Regulations. So you have machinery as far as complaints from the citizens as against the
the process of hiring from the publication of employees or complaints within the workforce of the LGU.
vacancies, documentary screening and interview
then finally appointment.
 The LOCAL CHIEF EXECUTIVE generally has the  This time we do not apply the rule that there can be no removal
power to appoint but there are also some other from office because the LGC made mention of removal from office as
positions particularly in the Sanggunian that the penalty of appointive officers from office. So yung elective walang
Vice-Mayor or Vice-Gov would appoint. So they also removal pero ung appointed meron.
have the power to appoint those personnel in the
Sanggunian within the observance ofcouse of  Preventive Suspension – the principle is also the same as for
separation of power b/n the executive and appointive officials but it is the local chief executive that will impose
legislative department. the order of preventive suspension. The same principles apply, if
 In appointment there are certain rules such as: exonerated he is entitled to backwages, if found guilty then it is part
of the penalty.
Rule against nepotism – So the appointing authority may not appoint
somebody whom he is related to within the 4th civil degree of affinity or
consanguinity except for confidential employees. Hiring and Human Resource Action
 Ora Ora – Omnibus Rules on Appointments and Other Human
 Confidential employees are employees imbued with trust and Resource Actions.
confidence as far as the appointing authority is concerned ( if you
want to know the confidential employees there are memorandum  Even if the appointment is made by the Local Chief Executive it has
circulars issued by the Civil Service Commission(CSC) which defines to be reviewed and confirmed by the CSC. Otherwise, the appointed
who and what are these confidential positions. Some of these are will be considered as invalid.
private secretaries, drivers or security as far as the local chief
executive is concerned)
 For Job Orders(JO), Casual Employees and those considered as
 It is not really the title that defines the confidentiality of the contractual employees in the LGU, their appointment need not be
employment, it is more on the function.
reviewed by the CSC.
 City or Municipality Administrator is also considered as Confidential
Official. The position is also co-terminus meaning it is up to the
 Difference of JO, Casual Employees and contractual – Casual
Local Chief Executive whether to continue to work as such and also employees has all the rights and benefits of a regular employee
coincides with the term of the appointing authority.
except for security of tenure, in other words they have a definite
period of employment. JO’s and contractual employees are
Principle of next in rank technically not employees of the government, they cannot enjoy
 The SC ruled in one case that there is no such thing as the right of security of tenure and they do not have the same benefits and rights
the next in rank. This is a Baguio City case, Baroso vs. CSV. So there as to casual or regular employees.
is this City Eng’r who retired because he reached the mandatory age
of 65. He retired and the position was declared vacant. So the
Assistant City Eng’r expected that he would be appointed. So when
Compensation
the position was declared vacant some Eng’rs, the Assistant City
 As to compensation they are not governed by the minimum wage
Eng’r and Junior Eng’r applied for the position. After the process the
law but we have salary standardization law and that is what governs
list of applicants was submitted to the office of the Mayor and the
the compensation of government officials and employees.
Mayor appoint the Junior Eng’r. So what happened is that the
Assistant City Eng’r was disappointed and filed a case questioning
 The amount depends on the class of that LGU. The higher the class
the validity of the appointment and invoking his so called “Next in
the higher the salary.
Rank Right.” SC ruled that as long as the appointee meets the
minimum requirement, then it is the discretion of the appointing
authority to appoint that person. So the appointing officer may
choose any of those that are determined as qualified in the list of  The problem now is that there were no reclassifications done for the
applicants regardless of the so called “next in rank principle.” past 10 years.

 Recently this “next in rank” principle has been disregarded. The City  The Sanggunian has the power to increase the salaries of the
Tourism officer retired, 65 ulit so bakante yung office. There is one employees including themselves of course in a LGU provided that
there that is sure that he will be appointed by the mayor to succeed such increase shall be applicable after their term but it has to
because he considers himself as next in rank. So there is this one comply with the Salary Standardization law. If it does not comply or
who came from the private sector and the mayor appointed the is beyond the Salary Standardization Law then the Department of
person who came from the private sector. This demonstrate that Budget and Management and even the COA would disallow such
indeed there is no such thing as “next in rank principle” or the right increase.
of the next in rank in government appointive positions.
Resignation of Elective Officials ( Naligaw na provision )
 Included in the midterm exam. (focused more on quorum) -For those who are holding confidential positions,
 Implication of resigning during a session in the Sanggunian by a they could also campaign for their leader or elective
member of the sanggunian. So that is a valid way of resignin but for official that is not prohibited beacause of the nature of
others there must be acceptance of the resignation. Take note their appointment.
however if it is duly recorded and included in the minutes, then, that
is a valid resignation. So if you are elected as a sanggunian member, 5. Responsiveness to the Public.- Wag laging nakasimangot!
be very careful in blurting out “I am now resigning” because if it is Because when you smile the world smiles with you, You cry
recorded in the minutes then that is already a valid and effective
and you cry alone.
resignation.
6. Nationalism and Patriotism
7. Commitment to Democracy- advocating a revolutionary
government is a violation of this principle because if you have a
Please Read RA 6713 ( something to do with appointive officials) revolutionary government the power of the state is in the
hands of a one man.
SALN 8. Simple Living- Public Office is a Public Trust, Do not flaunt your
wealth.

November 12, 2018 DUTIES AND RESPONSIBILITIES: (SEE ATTACHMENT)

RESIGNATION OF ELECTIVE OFFICIALS: 1. Act Promptly on Request and Papers- The law requires that
whenever there is a request then the action from the
GR: IT has to be accepted to be effective, likewise it applies to appointive government office is not more than 15 days from receipt of the
officials to be effective. letter or request.

Unlike in private institutions where resignation must be tendered at least - IF the office cannot provide you because of confidentiality of
30 days prior to the date of resignation, in government there is no limit so the paper then that is already an action but if it is deliberate
if you want to resign you just tender your resignation and it will be then there is violation of this Duty and responsibility as well as
accepted. the Freedom of Information

Rule on clearance 2. Submit Annual Performance Reports- LGU and Regional Line
Agencies are require to submit annual performance report
- So maski nagresign ka ngayon you might not be able to get within 45 days or not later than 45 days counted from the end
necessary last salary or benefits unless you are cleared by of the year.
necessary offices concerned
To whom It is submitted
REPUBLIC ACT 6713: CODE OF ETHICS AND CONDUCT OF PUBLIC
-For LGU it is required to be submitted to the Office
OFFICIALS AND EMPLOYEES( SEE ATTACHMENT) of the President through the DILG.

Sec 4: Norms of Conduct

3. Process Document and other Transactions Expeditiously-
Standing Order that Government Paper should not Contain
1. Commitment to Public Interest- Foremost is Public Interest
more than 3 signatures.
and not Private Interest.
2. Professionalism- Excellence, Professionalism, Intelligence,
4. Act immediately on Public Personal Transactions.- Do not
Skill. (EPIS)
delay the giving of a Document.
3. Justness and Sincerity- A public official is expected to be true to
the public.
5. Make Documents Accessible to the Public- Even without the
4. Political Neutrality
Freedom of Information Law, It is the duty of the government
-Does not mean that you do away to your political aspirations
to make documents accessible to the public except those that
or leanings but as a Public Official or Employee whatever your
are imbued with confidentiality or safety or national security
political leanings you must not do things that would
of the nation
compromise your being Public Official or Employee.

-Without court order a confidential document may not be given

Ex. DDS vs Dilawan- You should not consider the political
to a person.
aspiration of a person who is transacting with your office.

Case: Record of loans issued or released by GSIS to government

-It also includes the neutrality when it comes to campaigning
officials. The media wanted to see who are those who availed
for or against a candidate. But it does not mean to say that you
of loans but GSIS refused to divulge the Information because of
cannot support the person, you support him by your vote.
the Confidentiality. The media wanted to know who aavailed of
the loan, how much is the loan and where it was used.
-You are not precluded to discuss political issues or concerns
but you should not promote a particular candidate person or
SC Decision: There is a limit as far as access to documents by
party. You discuss Political Issues but not personalities.
the public is concerned, so kung ung pangalan lang, date of loan
that’s ok but to supply the details that is already against
-If you want to support a candidate and you want to support
privacy.
him/her by actively participating you take a leave of absence
during the campaign period
- This may change because if you already have a freedom of systematize policy, rules and procedures, avoid red tape and
information Law, pero sa ngayon, the freedom of Information develop an understanding and appreciation of the socio-
or the executive order is based on the constitution they are still economic conditions prevailing in the country, especially in the
very general. So yun parin ang principle that is to be followed depressed rural and urban areas.
that when it comes to financial transactions it is only limited to
the list of names who availed of the transactions. (f) Nationalism and patriotism. - Public officials and employees
- Banks however have different rules because of the bank shall at all times be loyal to the Republic and to the Filipino
secrecy law. So pwede ka lang maka access ng information people, promote the use of locally produced goods, resources
regarding transactions of Government Officials if there is a and technology and encourage appreciation and pride of
court order or consent from the concerned Public Official. country and people. They shall endeavor to maintain and
defend Philippine sovereignty against foreign intrusion.
Republic Act No. 6713 February 20, 1989
(g) Commitment to democracy. - Public officials and employees
AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL shall commit themselves to the democratic way of life and
STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES, TO values, maintain the principle of public accountability, and
UPHOLD THE TIME-HONORED PRINCIPLE OF PUBLIC OFFICE manifest by deeds the supremacy of civilian authority over the
BEING A PUBLIC TRUST, GRANTING INCENTIVES AND military. They shall at all times uphold the Constitution and put
REWARDS FOR EXEMPLARY SERVICE, ENUMERATING loyalty to country above loyalty to persons or party.
PROHIBITED ACTS AND TRANSACTIONS AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER (h) Simple living. - Public officials and employees and their
PURPOSES. families shall lead modest lives appropriate to their positions
and income. They shall not indulge in extravagant or
Section 4. Norms of Conduct of Public Officials and Employees. ostentatious display of wealth in any form.
- (A) Every public official and employee shall observe the
following as standards of personal conduct in the discharge (B) The Civil Service Commission shall adopt positive
and execution of official duties: measures to promote (1) observance of these standards
including the dissemination of information programs and
(a) Commitment to public interest. - Public officials and workshops authorizing merit increases beyond regular
employees shall always uphold the public interest over and progression steps, to a limited number of employees
above personal interest. All government resources and powers recognized by their office colleagues to be outstanding in their
of their respective offices must be employed and used observance of ethical standards; and (2) continuing research
efficiently, effectively, honestly and economically, particularly and experimentation on measures which provide positive
to avoid wastage in public funds and revenues. motivation to public officials and employees in raising the
general level of observance of these standards.
(b) Professionalism. - Public officials and employees shall
perform and discharge their duties with the highest degree of Section 5. Duties of Public Officials and Employees. - In the
excellence, professionalism, intelligence and skill. They shall performance of their duties, all public officials and employees
enter public service with utmost devotion and dedication to are under obligation to:lawphi1.net
duty. They shall endeavor to discourage wrong perceptions of
their roles as dispensers or peddlers of undue patronage. (a) Act promptly on letters and requests. - All public officials
and employees shall, within fifteen (15) working days from
(c) Justness and sincerity. - Public officials and employees shall receipt thereof, respond to letters, telegrams or other means of
remain true to the people at all times. They must act with communications sent by the public. The reply must contain the
justness and sincerity and shall not discriminate against action taken on the request.
anyone, especially the poor and the underprivileged. They shall
at all times respect the rights of others, and shall refrain from (b) Submit annual performance reports. - All heads or other
doing acts contrary to law, good morals, good customs, public responsible officers of offices and agencies of the government
policy, public order, public safety and public interest. They and of government-owned or controlled corporations shall,
shall not dispense or extend undue favors on account of their within forty-five (45) working days from the end of the year,
office to their relatives whether by consanguinity or affinity render a performance report of the agency or office or
except with respect to appointments of such relatives to corporation concerned. Such report shall be open and available
positions considered strictly confidential or as members of to the public within regular office hours.
their personal staff whose terms are coterminous with theirs.
(c) Process documents and papers expeditiously. - All official
(d) Political neutrality. - Public officials and employees shall papers and documents must be processed and completed
provide service to everyone without unfair discrimination and within a reasonable time from the preparation thereof and
regardless of party affiliation or preference. must contain, as far as practicable, not more than three (3)
signatories therein. In the absence of duly authorized
(e) Responsiveness to the public. - Public officials and signatories, the official next-in-rank or officer in charge shall
employees shall extend prompt, courteous, and adequate sign for and in their behalf.
service to the public. Unless otherwise provided by law or
when required by the public interest, public officials and (d) Act immediately on the public's personal transactions. - All
employees shall provide information of their policies and public officials and employees must attend to anyone who
procedures in clear and understandable language, ensure wants to avail himself of the services of their offices and must,
openness of information, public consultations and hearings at all times, act promptly and expeditiously.
whenever appropriate, encourage suggestions, simplify and
 (e) Make documents accessible to the public. - All public So what they do in the government for those retiring employees is that
documents must be made accessible to, and readily available SALN is part of the clearance.
for inspection by, the public within reasonable working hours.
Other employees other than those indicated in R.A 6713 are reuired to
submit the SALN in the CSC.

November 17, 2018 Penalty for not Filing: Ground for an administrative case or ground for
impeachment because that is culpable violation of the constitution.
Disclosure of Business and Financial transactions is mandated even by
the constitution so all public Officials and employees are required to
submit that so the submission is required for those who assume office
within 30 days from assumption of office so every public official or Nov. 19
employee is required to submit that so there are offices that could admit
such documents. Nov. 24

So sa mga National and Constitutional Offices: To the Office of the

President
November 26, 2018
The Ombudsman- the Local Government unit concerned(Hndi ako sure,
inaudible) Whenever there is a boundary dispute between barangays within the
same municipality or city, it is the sanguniang bayan or sanguniang
So there are offices are required to keep this documents submitted by panglungsod that has jurisdiction.
Public officials and employees.
So in the barangay, 2 or more barangays, within the same city or
What Covered? municipality.

All those who work in the Govt except those are acting in honorary
capacity, they are not required to submit SALN or those who are
contractual or casual employees, laborers are not also required to submit Now if it involves a Barangay Y from the municipality A, which have a
boundary dispute with barangay X in municipality B, this is already
This document includes a waiver authorizing the ombudsman to look into technically treated as a boundary dispute case between 2 municipalities,
the records that has something to do with the statements or the entries in no longer between 2 barangays.
the SALN including the BIR and they could inquire as to the verification or
validation that are mentioned or documents mentioned in the SALN. So, you have to determine again where A and B belong. If they are within
the same province, then it goes to the Sanguniang Panlalawigan of that
It is also required that every year thereafter before april 30 of every year province.
an updated SALN would be submitted and for those who would be leaving
the govt they are also required to submit their SALN after they leave the So same province, goes to Sanguniang Panlalawigan.
govt within 30 days from their last day of office in the government

Contents of SALN:
If the dispute involves municipalities or component cities belonging to
1. Assets- real properties and personal properties different province, that dispute shall be heard by or the jurisdiction will
2. Liabilities- Loans and debts. be with the sanguniang panlalawigans jointly holding session or trial.
3. Business and Financial Interest of the Official himself and also
the spouse so it includes the assets and liabilities of the spouse So, if A is in province W, and B is in province Z, then that is already an
including unmarried children who are under 18 years of age interprovincial dispute. According to the law, the sangunian of both
who are living in the household. provinces shall convene and shall jointly hear the case.
4. Names and Identities relatives within the 4th civil affinity or
consanguinity working in the govt. As to highly urbanized cities, they are treated as separate independent
political units, you also apply the rule. But, this time, it involves 2 highly
So all public officials and employees are required whether regular or urbanized cities. Then, parehas din na joint.
temporary status.
It is the sangunian who has the jurisdiction to hear boundary dispute.
So the SALN should be under oath or it should be notarized. And accordingly, within 60 days from submission or filing the petition for
the dispute for boundary the sangunian shall resolve the case amicably.
Where to File So it is called amicable settlement.

- Office of the president, Office of the Ombudsman, Civil Sevice If the 60 days has passed and there is no resolution, the sangunian shall
Commission issue a certification that there is failure to settle. The certification stating
- For LGU Official and ombudsman- file it with the Deputy that the parties failed to settle amicably.
Ombudsman of Luzon as far as LGU’s of Luzon are concerned
Then, the sangunian shall start the hearing after notice, and it is given 60
SALN will be available for inspection by the public but there is also a days from issue of certificate to settle the case. (decision)
prohibition as far as the use and security of the SALN is concerned, if such
will be used for any purpose contrary to morals, public policy then it is That is the process in the sangunian.
prohibited or if it will be used for any commercial purpose it is prohibited
except if the use is for the dissemination for the public.
The same process goes to the sangunian bayan, in the case of 2 barangays SC did not agree with the RTC, although the case is not titled as a
or in the joint sangunian panlalawigan between 2 provinces. boundary dispute case. The question now is, does the RTC has
jurisdiction?
File--60 days, no amicable settlement--issue CERTIFICATE of failure
to settle--Hearing--60 days—Decision Yes, when the province of Antique issued a resolution stating that it is not
open to any kind or settlement, that already made it impossible for the
What happens after the decision is rendered? The party concerned may resolution of the boundary dispute in the joint sangunian. Therefore, the
appeal the decision over the RTC having jurisdiction over the case. jurisdiction now lies in the RTC, exercising now its appellate jurisdiction.

So we do not have a process where the case be appealed to the Note that although the SC did not say this, it seems that the SC treated the
sanguniang panlalawigan. From the sangunian, it goes to the RTC, failure to settle and the resolution of Antique as a decision that is now
whether it is a boundary dispute between the barangays, or it is inter- appealable to the RTC in the boundary dispute case.
provincial dispute,

Case where the SC explained the appellate jurisdiction of the RTC is in

Municipality of Santa Fe vs Mun. of Aritao, GR.140474: The SC remanded the case to the RTC. What is significant there is that,
here now comes a case that it is evident that it is a boundary dispute as
The RTC has no original jurisdiction over boundary dispute, it stated by the SC, there was no hearing or trial conducted by the joint
only has appellate jurisdiction. sangunian as they are still exploring the possibility of an amicable
settlement. (as compared to the process, Na shortcut kasi walang hearing
Therefore, one may not go directly to the RTC for the court to settle a sa sangunian nung walang possibility of amicable settlement, deretso sa
boundary dispute. It has to go to the sangunian. For the procedure, you RTC.)
will find it in the IRR of the Local Gov. Code. The sangunian will usually
come up with its own rules and procedure when it comes to boundary As to the manner of initiating a boundary dispute case, refer to the IRR of
dispute based on the IRR an d the LGC. the LGC.

SANGUNIAN---RTC---CA---SC It is initiated through a Petition resolution

Calanza et al vs PICOP Initially, the sangunian will have a resolution but with that resolution,
they will attach a pleading which is more or less the same with a petition
Gr 146622 or complaint under the rules of court. So yun ang ginagwa ng mga LGUs.
Although it says by petition resolution, pag resolution ng sangunian, it
Civil case but it involves a parcel of land within a boundary dispute may not capture what the petitioner wants.
between 2 LGUs. The SC said that even it is a civil case, it is a boundary
dispute so it is wrong for the parties to litigate or initiate the litigation in Yung resolution is parang cover letter lang, yung main petition is yung
the RTC. In boundary dispute cases, the court has no original jurisdiction. nakaattach.

It is really a civil case, but the supreme court said it is a boundary dispute You have to state what is the nature of the case, area covered, and other
case. allegations- your claim-whole or portion of the area. After that, the
sangunian now requires the other party to file an answer. Parang pareho
lng yung sa regular case. Then there is a meeting of the parties and try to
settle amicably, then if not settled, the sangunian concerned especially
READ THIS CASE: the board members would not want to settle the case especially if
between two municipalities. Why? Pano kung hindi sila iboto.
The prov. Of Antique vs Calabocal
By the way, as to the appeal, what RTC has jurisdiction over the case if it
Gr 209146 is between two provinces?

There is a particular island whereby there is a boundary dispute between Logically, the party who appeals bring the matter to the RTC
Antique and Mindoro yata. And, one of the provinces issued a resolution within his province. Claim mo nga eh. And because you allege that the
calling the other province so that they can discuss the matter and settle
property is within the jurisdiction of the RTC within your province.
amicably. The other province answered through the office of the vice
governor that they are willing to discuss the matter. After several Please read the cases that I gave, especially the last one.
discussions, suddenly Antique enacted a resolution stating among others
that they are not open to any amicable settlement of the issue. So instead
of pursuing the case in the joint sangunian, the other party filed a case in
the RTC. They tried to change the title so it will not become a boundary Next lesson: Katarungang Pambarangay
dispute case. They canceled the BOUNDARY DISPUTE word.

The RTC issued summon requiring the province of Antique to file an

Answer. What the province of Antique did was to file a motion to dismiss, Dec. 3, 2018
on what ground? Province of Antique argued that this is a boundary
dispute case, and it should be filed before the joint sangunian. Katarungang Pambarangay (KP)

The RTC denied the motion to dismiss, saying that it is not a boundary  It refers to the barangay judicial system
dispute case; therefore, the RTC has jurisdiction. Unsatisfied, Antique  The katarungang pambarangay is not part of the judiciary but
filed a petition of certiorari in the SC. it is a unique setup in the local government.
  “It is the only good thing that came out of the Marcos regime” – the 10 – 20 members of the Lupon who will sit in the Pangkat.
Atty. Sanidad So the 3 members of the Pangkat will come together and select
 In Civ. Pro. One of the grounds for a motion to dismiss is failure among themselves who will become the chairman and the
to comply with a condition precedent. One of the condition secretary and the other member shall simply be a member.
precedent is the referral to the Katarungang Pambarangay.  Chairman presides the proceeding
 Under the LGC, generally, all cases shall be referred to the  Secretary notes the proceedings then submit reports as
Katarungang Pambarangay subject to some exception such as required by the LGC to the Punong Barangay as well as to the
when the case involves the government or any of its court the proceedings in the Pangkat.
instrumentalities. That is one of the exceptions, so if you have a  When the dispute is before the Punong Barangay, it is called
case against the municipality and it is a civil case even if the mediation. In Pangkat, it is called conciliation. If you look at the
property is within the barangay, it may not be referred to the meaning of the two, it is just the same but just to differentiate
KP. as to the process undertaken, the law refers to mediation as
Lupong Tagapamayapa (LT) the process before the chairman of the Lupon while
 Council or committee of peace, a Tagapamayapa (Peacemaker) conciliation is the process before the Pangkat. The objective is
and Lupon ( A council or committee) the same which is to arrive at an amicable settlement.
 Lupon is the body which is composed of:  Amicable settlement should be by mutual agreement among
1. Punong Barangay as the Chair the parties. So kung ayaw nung isa the chairman would not
2. Members which are 10 -20 members ( minimum of have any choice ( hindi nila pwedeng ipilit kung ano ang
10 to 20 ) proposal)
 How are they selected?
 The Punong Barangay is ofcourse elected Arbitration
 The Punong Barangay is obligated by law to come
up with the members of the LT. He must choose  So there is mediation before the Lupon, conciliation before the
members of the community with the sterling Pangkat.
qualifications. From this members of the  Arbitration may be before the Punong Barangay or the Pangkat
community, he shall prepare a list to be posted for a  But the difference, when we say arbitration, either before the
certain period of time where the members of the Lupon or the Pangkat, shall determine what is the proper
barangay or the community would be given an resolution of the dispute and the parties shall adhere or follow
opportunity to scrutinize and give their comment as what has been determined by the Punong Barangay or the
to the persons who are nominated to become Pangkat as an arbitrator.
members of the LT.  Technically speaking, there is a decision to be rendered either
 They are supposed to occupy as lupon members for a period of by the Punong Barangay or the Pangkat.
3 years. In other words it coincides with the term of office of Process
the elective barangay officials.  If there is a dispute, the complainant goes to the Katarungang
 For indigenous cultural communities, they also have LT but Pambarangay, seeks the Punong Barangay. Sabi sa law it is not
most of the time, preference for indigenous practices for some required that the complaint shall be in writing. If a party has a
sort of judicial system shall be observed in the indigenous complaint against somebody else provided that the case or
cultural communities but if it is applicable we still follow the dispute falls within or does not fall under the exceptions as
rules under the LGC. provided for by law, whether it is oral or in writing it is the
 If somebody objects the nomination or appointment of the obligation of the Punong Barangay to admit or accept the
lupon member then the Punong Barangay must reconsider and complaint. If it is oral, it is the obligation of the Punong
he shall appoint those whose nomination or identification are Barangay to reduce that oral complaint in writing. Under the
not objected to. LGC, it is the duty of the Punong Barangay to reduce that
 Within the LT is the Pangkat complaint in writing if it is done orally. The complaint need not
be notarized nor verified. There are forms provided for by the
Pangkat Tagapagkasundo (Pangkat) DILG as far as complaints are concerned.
 Lawyers are not allowed to appear as counsel in the KP under
 Composed of 3 members the LGC even if the party is a relative or a minor. What should
1. 1 Chairman represent the minor are any members of his household.
2. 1 Secretary  It is not the value of the property that determines the authority
3. 1 Member of the KP. Authority and not jurisdiction because it is not
 For the Lupon the secretary is the same as the secretary of the among those are covered by the term jurisdiction. So whatever
barangay ( 2 roles of the secretary) is the value if it is within the territory where the KP and the
 The 3 members comes from the Lupon disputants are members of both barangays or may be of
 How are they chosen? They are chosen if there is a dispute or a different barangays but within the same municipality or city
case. then it is still within the authority of KP.
 Whenever there is a dispute or a necessity to constitute the
Pangkat, the disputing parties shall select among the members Exceptions to filing the complaint in KP
of the Lupon to sit as members of the Pangkat.
EX: A and B have a dispute because of certain property, they  Government or its instrumentality is a party
referred the matter to the KP. Then the Punong Barangay will  A Public official or employee is one of the party and the COA is
try to resolve the dispute. We call that process as the process of related to his official duties or performance of duties and
Mediation which is the process of resolving the dispute before responsibilities.
the chairman of the Lupon. The Chairman of the Lupon will try
to convince the parties to settle the dispute amicably. That
Actual case: the wife of the Punong Barangay has been
process is called mediation. If the chairman fails to mediate or
spreading rumors so the aggrieved party filed a case of slander
when mediation fails before the Punong Barangay as the
against the wife. But it was not filed in the Barangay because
chairman, then, the Punong Barangay shall constitute the
he believes that nothing would come out of the case since she
Pangkat. 3 members of which is selected by the parties from
is the wife and the Punong Barangay would side with the wife.
 The Prosec said “ no need to go to the Katarungang
Pambarangay because anyway it is a mockery of justice if you
will go through the mediation or conciliation proceedings
where the Punong Barangay would preside.” So they filed the
case, then the other party filed a Motion to Dismiss on the
ground of failure to comply with a condition precedent. Thus,
the court dismissed the case for failure to comply with a
condition precedent.

There can be no miscarriage of justice because the

spouse of the respondent who being the Punong Barangay can
always inhibit from the proceeding. The more important
ground that the case was dismissed is because it is not among
those exception as provided by law.
 Properties located outside the Barangay. In such case the KP
has no authority but if the parties are residing in the same
Barangay and they agree to go through the KP proceedings
then that is allowed by law but there should be a mutual
agreement.

Ex: 2 parties belongs to the same Barangay in Baguio and the

property in dispute is located in Tuba. They went to the KP and
agreed that they will submit to it. That is allowed.
 Labor cases are not covered by the KP even if it is no among
those enumerated. Labor cases are within the exclusive
jurisdiction of the NLRC
 Agrarian cases although there are some instances where the
parties mutually agreed to settle their dispute in the KP. So
minsan pinapayagan ng DAR provided that they submit the
records to the appropriate office of the DAR
 Cases against Juridical Persons ( Corpo. PSHIP)

READ more about KP as provided in the LGC