THE LOCAL
ELECTIVE OFFICIALS
CHAPTER 1. QUALIFICATIONS AND
ELECTION
CHAPTER 2. VACANCIES AND SUCCESSION
CHAPTER 3. LOCAL LEGISLATION
CHAPTER 4. DISCIPLINARY ACTIONS
CHAPTER 5. RECALL
CHAPTER 1. - QALIFICATIONS AND ELECTION
• SECTION 39. Qualifications -offense involving moral turpitude
- must be a citizen of the Philippines -administrative case
-read and write Filipino -fugitives from justice
-(1) year immediately preceding the day of -insane or feeble-minded
the election
• SECTION 40. Disqualifications
CHAPTER 1. - QALIFICATIONS
AND ELECTION
• SECTION 41. Manner of Election
-governor, vice-governor, city Mayor, city vice-mayor, municipal Mayor,
municipal vice-mayor, and Punong Barangay; elected by the qualified voters
SECTION 42. Date of Election
-held every three (3) years on the second Monday of May.
• SECTION 43. Term of Office
-three (3) years, starting from noon of June 30, 1992
-except that of elective Barangay officials
-following the ratification of the 1987 Constitution shall serve until noon of
June 30, 1992.
CHAPTER 2. - VACANCIES AND
SUCCESSION
• SECTION 44. Permanent Vacancies in the Offices of the Governor, ViceGovernor,
Mayor, and Vice-Mayor
-permanent vacancy occurs in the office of the Punong Barangay
-second highest ranking Sanggunian member, shall become the Punong Barangay.
-ranking of votes obtained by each winning candidate to the total number of registered voters
• SECTION 45. Permanent Vacancies in the Sanggunian.
-automatic successions provided above do not apply
-permanent vacancy is caused by a Sanggunian member
-chief executive shall appoint a qualified person to fill the vacancy
CHAPTER 2. - VACANCIES AND SUCCESSION
• SECTION 46. Temporary Vacancy in the Office of the Local Chief Executive.
-Sangguniang Barangay automatically perform the duties and functions of the local chief executive concerned
-except the power to appoint, suspend, or dismiss
-temporary (30) working days
• SECTION 47. Approval of Leaves of Absence
governor and the Mayor shall be approved by the President
vice-governor or a city or municipal shall be approved by the chief
vice-mayor executive
municipal Mayor shall be approved by the governor
Sangguniang Barangay members shall be approved by the Punong
Barangay
CHAPTER 3. - LOCAL LEGISLATION
• SECTION 48. Local Legislative Power
- Local legislative power shall be exercised
Sangguniang for the province
Panlalawigan
Sangguniang Panlungsod for the city
Sangguniang bayan for the municipality
Sangguniang Barangay for the Barangay
CHAPTER 3. - LOCAL LEGISLATION
• SECTION 49. Presiding Officer - shall vote only to break a
tie
vice-governor Sangguniang Panlalawigan
city vice-mayor Sangguniang Panlungsod
municipal vice-mayor Sangguniang bayan
Punong Barangay Sangguniang Barangay
CHAPTER 3. - LOCAL LEGISLATION
• SECTION 50. Internal Rules of Procedure
-(90) days update its existing rules of procedure
Rules of Procedure
organization of the Sanggunian and the election
-
-order and calendar of business for each session
-legislative process
-parliamentary procedures which include the conduct of members
during sessions
-discipline of members for disorderly behavior
CHAPTER 3. - LOCAL LEGISLATION
• SECTION 51. Full Disclosure of Financial and Business
Interests of Sanggunian Members
-full disclosure of his business and financial interest
• SECTION 52. Sessions
-by resolution, fix the day, time, and place of its regular
sessions
• SECTION 53. Quorum
-Sanggunian who have been elected and qualified shall
constitute a quorum to transact 30 official business
CHAPTER 3. - LOCAL LEGISLATION
• SECTION 54. Approval of Ordinances
-The Sanggunian concerned may override the veto
• SECTION 55. Veto Power of the Local Chief
Executive
-local chief executive may veto any ordinance
stating his reasons therefor in writing
CHAPTER 3. - LOCAL
LEGISLATION
• SECTION 56. Review of Component City and Municipal
Ordinances or Resolutions by the Sangguniang Panlalawigan
three (3) days forward to the Sangguniang Panlalawigan for review,
-
copies of approved ordinances and the resolutions
• SECTION 57. Review of Barangay Ordinances by the
Sangguniang
-Panlungsod or Sangguniang Bayan
-ten (10) days after its enactment furnish copies of all Barangay
ordinances
CHAPTER 3. - LOCAL
LEGISLATION
• SECTION 58. Enforcement of Disapproved ordinances or Resolutions
-approving the local development
-disapproval shall be sufficient ground for the suspension or
dismissal
• SECTION 59. Effectivity of Ordinances or Resolutions
-take effect after ten (10) days from the date a copy
-at least two (2) other conspicuous places
CHAPTER 4. - DISCIPLINARY
ACTIONS
• SECTION 62. Notice of Hearing
-(7) days after complaint is filed
• SECTION 60. Grounds for Disciplinary -verified answer within fifteen (15) days
Actions -commence the investigation of the case within ten
-elective local official may be disciplined, (10) days
suspended, or removed from office
• SECTION 63. Preventive Suspension
• SECTION 61. Form and Filing of -imposed at any time after the issues are
Administrative Complaints. joined
-verified complaint against any erring local -expiration of the preventive suspension
elective official -abuse of the exercise shall be penalized
CHAPTER 4.
-DISCIPLINA
RY ACTIONS
• SECTION 64. Salary of Respondent Pending Suspension
-respondent official preventively suspended
• SECTION 66. Form and Notice of Decision
-respondent shall be accorded full opportunity to appear and defend
himself
• SECTION 67. Administrative Appeals.
-administrative cases may, within thirty (30) days
• SECTION 68. Execution Pending Appeal
-appeal shall not prevent a decision from becoming final or executory
CHAPTER 5. RECALL
• SECTION 69. By Whom Exercised
-power of recall for loss of confidence shall be exercised by the
registered voters
• SECTION 70. Initiation of the Recall Process
-initiated by a preparatory recall assembly or by the registered
voters
• SECTION 71. Election on Recall
-a valid resolution or petition for recall with the appropriate local
office
CHAPTER 5. RECALL
• SECTION 72. Effectivity of Recall
-local official shall be effective only upon the election and proclamation
• SECTION 73. Prohibition from Resignation
• -official sought to be recalled shall not be allowed to resign while the
recall process is in progress
• SECTION 74. Limitations on Recall
-elective local official may be the subject of a recall election only once
• SECTION 75. Expenses Incident to Recall Elections
• expenses incident to recall elections shall be borne by the Comelec
END
