Local Elective Officials

1. Law on Public
Corporation
Atty. Fernando B. Alonzo
Professor

2. Disciplinary actions against local
elective officials..

3. Disciplinary Actions, Grounds
[Sec. 60, LGC]
1. Disloyalty to the Republic of the Philippines [Casin vs. Caluag];
i.e. – Treason, Espionage; mere commission is a disqualification.

4. Disciplinary Actions, Grounds
[Sec. 60, LGC]
2. Culpable violation of the Constitution [J. Bernas, The 1987 Constitution of the
Republic of the Philippines: A Commentary];
 Intentional violation of the constitution;
 The repeated delays and failure to take action on cases impressed with public interest;
 The refusal to grant ready access to public records like SALN;
 Repeated failure to file his/her SALN;

5. Disciplinary Actions, Grounds
[Sec. 60, LGC]
3. Dishonesty, oppression, misconduct in office, gross negligence,
dereliction of duty;
 Dishonesty – concealment or distortion of truth [Fajardo v Corral];
 Oppression – grave abuse of authority [RRACCS]
 Misconduct – transgression of some established and definite rule of
action;
 Gross Negligence – lack of appropriate diligence in the performance of
function.

6. Disciplinary Actions, Grounds
[Sec. 60, LGC]
4. Commission of an offense involving moral turpitude or
an offense punishable by at least prision mayor [6Y1D –
12Y]; [Teves v. COMELEC, G.R. No. 180363, 28 Apr.
2009]
Moral Turpitude – everything which is done contrary to justice, modesty, or good
morals; an act of baseness, vileness or depravity in the private and social duties which a
man owes his fellowmen, or to society [Soriano v. Dizon, A.C. No. 6792, January 25, 2006,
480 SCRA 1, 9]

7. Disciplinary Actions, Grounds
[Sec. 60, LGC]
5. Abuse of authority [Ombudsman v. Caberoy];
- a misdemeanor committed by a public officer, who
under color of office, wrongfully inflict upon any person any
bodily harm, imprisonment or other injury. It is an act of
cruelty, severity, or excessive use of authority [OMB v.
Caberoy]

8. Disciplinary Actions, Grounds
[Sec. 60, LGC]
6. Unauthorized absence for 15 consecutive
working days, except for Sanggunian Members;

9. Disciplinary Actions, Grounds
[Sec. 60, LGC]
7. Application for or acquisition of foreign
citizenship or residence or the status of an
immigrant of another country;

10. Disciplinary Actions, Grounds
[Sec. 60, LGC]
8. Such other grounds as may be provided in this
Code and other laws. An elective local official
may be removed from office on the grounds
enumerated above by order of the proper
court i.e. [Sec. 318, LGC].

11. Disciplinary Actions, Grounds
[Sec. 60, LGC]
- Sec. 58, LGC – Enforcement of Disapproved Ordinance 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 suspension or
dismissal of the official or employee concerned”
- Sec. 318, LGC – Preparation of the budget by the LCE. …. The LCE shall
prepare the Executive Budget for the ensuing fiscal year.
The LCU shall submit the said budget to the sanggunian concerned not
late than the sixteenth (16th) of October of the current fiscal year. Failure to
submit such budget on the date prescribed herein shall subject the LCE
to such criminal and administrative penalties as provided for under this
Code and other applicable laws.

12. Disciplinary Actions, Grounds
[Sec. 60, LGC]
- Sec 3(e), RA No. 3019, Anti-Graft and Corrupt Practices
Act –
“Causing undue injury to any party, including the
government, or giving any party any unwarranted benefits,
advantage or preference in the discharge off his official,
administrative or judicial functions through manifest
partiality, evident bad faith or gross inexcusable
negligence.”

13. Does the SP/SB have the power to
remove elective officials?
 No. Section 60 of the LGC conferred upon
the courts the power to remove elective
officials from office.
HOW?

14. Disciplinary Actions, Grounds
[Sec. 60, LGC]
An elective local official may be removed from
office on the grounds enumerated above by order
of the proper court.
[The LGU shall file a petition in the RTC praying for the
removal of the concerned official, attaching therein its
resolution and other pertinent papers during the
administrative hearing.]

15. Penalties that may be imposed…
 Discipline [Reprimand/Censure];
 Suspension; and
 Removal from office [upon court order].

16. What is removal?
 Removal imports the forcible separation of the
incumbent before the expiration of his term and
can be done only for cause as provided by law.
[Dario vs. Mison, GR No, 81954, August 8, 1989]

17. Who may file an administrative action?
1. Any private individual or any government
officer or employee by filing a written
verified complaint

18. Verification…
Republic of the Philippines )
Calubian, Leyte ) S.S.
VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING
I, , of legal age, Filipino, widow and a resident of , after having been duly sworn to in
accordance with law, hereby depose and say THAT:
1. I am the complainant in the above-entitled complaint;
2. I have caused the preparation of the foregoing complaint;
3. I have read and understood the contents thereof and that they are true and correct of my personal knowledge and
based in authentic records; and
4. I have not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or
quasi-judicial agency and to the best of my knowledge, no such action or claim is pending therein, and if I should
thereafter learn that similar action or claim has been filed or is pending, I bind myself to notify this Court within five
(5) days from such knowledge.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 18th day of December 2019 at Calubian, Leyte.
Complainant
SUBSCRIBED AND SWORN to before me this 18th day of December 2019 at Calubian, Leyte.
FERNANDO B. ALONZO
Public Attorney II
Abuyog, Leyte

19. Where should an administrative
complaint be filed [jurisdiction]?
A verified complaint shall be filed with the following
[Sec. 61, LGC]:
1. Office of the President – against elective official of
the Provinces, HUCs, ICCs, and CCs;
2. Sangguniang Panlalawigan – Elective Officials of
Municipalities;
3. SP/SB – Elective Barangay Officials
Note: Only elective local officials are covered here.

20. Aguinaldo Doctrine….
 Abandoned on April 12, 2016 in the case of
Morales vs. Binay.

21. Notice of hearing..
- Section 62. Notice of hearing –
a. a. Within seven (7) days after the administrative complaint is filed, the OP
or the sanggunian concerned shall require the respondent to submit his
verified answer within 15 days from receipt thereof, and commence the
investigation of the case within 10 days after receipt of such answer of the
respondent.
b. Venue – Respondent is Provincial/HUC Official - @ the place where he
renders/holds office;
- For all others, @ the place where the sanggunian concerned is
located.
a. No investigation shall be held within 90 days immediately prior to any local
election, and no preventive suspension shall be imposed within the said
period. If preventive suspension has been imposed prior to the 90-day
period immediately preceding the election, it shall be deemed
automatically lifted upon the start of the aforesaid period.

22. Preventive suspension
- Suspension of an official while his/her
case is under investigation for the
purpose in ensuring that the
investigation shall not be affected by his
presence in office.

23. Who can impose preventive suspension
[Sec. 63. LGC]?
 President
For elective officials of a Province, HUC and ICC;
 Governor
For elective officials of CC and Municipalities;
 Mayor
For elective barangay officials

24. When should preventive suspension be
imposed?
1. After the issues are joined;
2. When evidence of guilt is strong;
3. Given the gravity of the offense, 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
records and other evidence.

25. Rule on Preventive Suspension
1. A single preventive suspension shall not
exceed beyond 60 days;
2. In cases of 2 or more cases filed, the
elective official cannot be preventively
suspended for more than 90 days
within a single year on the same
ground/s existing and known at the
time of his suspension.

26. Rule on Preventive Suspension
Sec. 63(c) -
Upon expiration of the preventive
suspension, the suspended elective official
shall be deemed reinstated in office without
prejudice to the continuation of the
proceeding against him, which shall be
terminated within 120 days from the time
he was notified of the case against him.

27. Rule on Preventive Suspension
Sec. 63(c) -
However, if the delay in the proceedings of
the case is due to his fault, neglect, or
request, other than the appeal duly filed, the
duration of such delay shall not be counted in
computing the time of termination of the
case.

28. Rule on Preventive Suspension
Sec. 63(d) -
Any abuse of the exercise of the
power of preventive suspension shall
be penalized as abuse of authority
[Sec. 60, LGC].

29. Preventive suspension under RA 6770
and 7160
RA 6770 RA 7160
Requisites:
1. Charge includes dishonesty,
oppression or grave misconduct or
neglect in the performance of duty;
2. Charges should warrant removal
from office;
3. The respondent’s continued stay in
office would prejudice the case filed
against him.
Requisites:
1. Reasonable ground to believe the
respondent committed the act/s
complained of;
2. The evidence of culpability is
strong;
3. The gravity of the offense so
warrants;
4. Continuance in office of the
respondent could influence the
witnesses or pose a threat to the safety
and integrity of the records and other
evidence
Period : Maximum of 6 months Period : Maximum of 60 days

30. Rule on Preventive Suspension
Sec. 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.

31. Administrative Investigation…
Sec. 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.

32. Administrative Investigation…
Sec. 66. Form and Notice of Decision -
a. The investigation of the case shall be terminated
within 90 days from the start thereof. Within 30
days after the end of the investigation, the OP 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.

33. Administrative Investigation…
Decision
i. Description of the case.
ii. Evidence of the complainant.
iii. Evidence of the respondent.
iv. Ruling/Decision of the Body

34. Administrative Investigation…
Sec. 66. Form and Notice of Decision -
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 suspended as long as he
meets the qualifications required for the
office.

35. Administrative Investigation…
Sec. 66. Form and Notice of Decision -
c. The penalty of 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.

36. Administrative Appeals -
Sec. 67. Administrative appeals.- Decisions in
administrative cases may, within 30 days from
receipt thereof, be appealed to the following:
a. The sangguniang panlalawigan, in the case of decisions
of the sangguniang panlungsod of CC and the
sangguniang bayan;
b. The Office of the President, in the case of decisions of
the sangguniang panlalawigan and the sangguniang
panlungsod of HUCs and ICCs
Decisions of the Office of the President shall be final
and executory.

37. Execution Pending Appeal -
Sec. 68. Execution Pending Appeal – An appeal shall
not prevent a decision from becoming final and
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.

38. Questions…
1. May the Mayor or Governor veto the decision of the Sanggunian in an
Administrative Investigation? Why?
2. May the Mayor or Governor directly order for the preventive
suspension of an elective official undergoing investigation by the
concerned sanggunian?
3. What is the process of securing the order of the court in the removal
of the respondent in an administrative complaint?
4. May a complaint against the barangay treasurer who malversed
barangay funds be filed before the Sangguniang Bayan?
5. What would be the effect if the complainant filed the same case
against an elective official both in the Sanggunian concerned and in
the office of the Ombudsman?

39. Questions…
6. What is the effect after being preventively suspended for 90days,
the respondent has been exonerated from the charge against him?
7. Is the Sanggunian Bayan, Panlungsod or Panlalawigan empowered to
issue summons and subpoena? Why?
8. An unverified complaint was filed before the Sanggunian Bayan of
Palo. It was immediately dismissed by the Sanggunian. Was the
dismissal justified?
9. A complaint against an elective barangay official was filed before the
Office of the Ombudsman. The Ombudsman then referred the
complaint to the Sangguniang Bayan having jurisdiction of the said
barangay. Was the referral justified?

40. Thank You…