Sections 469...

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5. APPOINTIVE LOCAL OFFICIALS COMMON TO ALL MUNICIPALITIES, CITIES ANDPROVINCES – TUESDAY March 10*sabi ni sir you don’t have to remember and memorize these provisions! But understandthe concept

Mandatory vs. OptionalMandatory: required: the LGU has the duty to appointOptional: it’s the choice of the appointing official to appoint it

Pattern: Determine WON the function/duty performed is crucial to the delivery of thebasic services or to the operation of the local government – ACCOUNTABILITY OF LGUS

Mandatory positionsSanggunian Secretary TreasurerAssessorAccountantBudget OfficerEngineer

Planning and Development CoordinatorHealth OfficerLegal Officer, also optionalCivil RegistrarAdministrator, also optionalAgriculturistSocial Welfare and Development Officer

OptionalAsst. TreasurerLegal Officer

Asst. AssessorAdministratorAgriculturistSocial Welfare and Development OfficerSENRO

Who appoints generally: head of local governmentSubject to confirmation:

Assessor vs. Accountant vs. TreasurerAssessor: real propertiesAccountant: internal auditor of the LGU Treasuer: collection of local taxesBudget Officer: allocation of budget

*first level civil service eligible? – highest or basic level?

ROLE of CIVIL SERVICE COMMISSION: Power to check if the appointees are qualified forthe positions – they cannot appoint or change the appointment

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-what if there is a violation of the Civil Service Law: then the CSC has the power toremove the appointed official – disapprove the appointment

Sections 469 – 490

SECTION. 469. Qualifications, Powers and Duties. –(a) There shall be a Secretary to the sanggunian who shall be a career officiawith the rank and salary equal to a head of department or office.

(b) QUALIFICATIONS: (1) a citizen of the Philippines (2) a resident of the locagovernment unit concerned (3) of good moral character (4) a holder of a collegedegree preferably in law, commerce or public administration from a recognizedcollege or university, and a (5) first grade civil service eligible or its equivalent.

The appointment of a Secretary to the sanggunian is mandatory for provincial, cityand municipal governments. (APPOINTED BY VICE MAYOR/GOVERNOR)

(c) The Secretary to the sanggunian shall take charge of the office of the Secretaryto the sanggunian and shall (DUTIES):(1) Attend meetings of the sanggunian and keep a journal of its

proceedings;(2) Keep the seal of the local government unit and affix the same with

his signature to all ordinances, resolutions, and other official acts of thesanggunian and present the same to the presiding officer for hissignature;

(3) Forward to the governor or mayor, as the case may be, for approvalcopies of ordinances enacted by the sanggunian and duly certified bythe presiding officer, in the manner provided in Section 54 under Book I ofthis Code;

(4) Forward to the sanggunian panlungsod or bayan concerned, inthe case of the Sangguniang Barangay, and to the SangguniangPanlalawigan concerned, in the case of the SangguniangPanlungsod of component cities or Sangguniang Bayan, copies ofduly approved ordinances, in the manner provided in Sections 56and 57 under Book I of this Code;

(5) Furnish, upon request of any interested party, certified copies ofrecords of public character in his custody, upon payment to thetreasurer of such fees as may be prescribed by ordinance;

(6) Record in a book kept for the purpose, all ordinances and resolutionsenacted or adopted by the sanggunian, with the dates of passageand publication thereof;

(7) Keep his office and all non-confidential records therein open to thepublic during the usual business hours;

(8) Translate into the dialect used by the majority of the inhabitants alordinances and resolutions immediately after their approval, and cause

the publication of the same together with the original version in themanner provided under this Code; and

(9) Take custody of the local archives and, where applicable, the localibrary and annually account for the same; and

(d) Exercise such other powers and perform such other duties andfunctions as may be prescribed by law or ordinance relative to hisposition.

PIMENTEL NOTES: Secretary to the Sanggunian appointed by Vmayor or Vgov. Shouldhave been also subject to the approval of the sanggunian concerned or else no way tocheck against possible abuse of power.

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Section 470 – Appointment, Qualifications . . . (Treasurer)

SECTION. 470. Appointment, Qualifications, Powers, and Duties.- (a) The treasurershall be appointed by the Secretary of Finance from a list of at least three (3)ranking, eligible recommendees of the governor or mayor , as the case may be,subject to civil service law, rules and regulations.(b) The treasurer shall be under the administrative supervision of the governor

or mayor , as the case may be, to whom he shall report regularly on the taxcollection efforts in the local government unit;

(c) QUALIFICATIONS: (1) he is a citizen of the Philippines (2) a resident of the locagovernment unit concerned (3) of good moral character (4) a holder of a collegedegree preferably in commerce, public administration or law from a recognizedcollege or university, and (5) a first grade civil service eligible or its equivalent(6) He must have acquired experience in treasury or accounting service for atleast five (5) years in the case of the city or provincial treasurer, and three (3)years in the case of the municipal treasurer. The appointment of a treasurer shall be mandatory for provincial, city andmunicipal governments.

(d) The treasurer shall take charge of the treasury office, perform the dutiesprovided for under Book II of this Code, and shall (DUTIES):

(1) Advise the governor or mayor, as the case may be, the sanggunianand other local government and national officials concernedregarding disposition of local government funds, and on suchother matters relative to public finance;

(2) Take custody of and exercise proper management of the fundsof the local government unit concerned;

(3) Take charge of the disbursement of all local government fundsand such other funds the custody of which may be entrusted to himby law or other competent authority;

(4) Inspect private commercial and industrial establishments

within the jurisdiction of the local government unit concerned inrelation to the implementation of tax ordinances, pursuant tothe provisions under Book II of this Code;

(5) Maintain and update the tax information system of the locagovernment unit;

(e) In the case of the provincial treasurer, exercise technical supervision over altreasury offices of component cities and municipalities; and(SUPERVISORY POWERS)

(f) Exercise such other powers and perform such other duties and functions as may beprescribed by law or ordinance.

SECTION. 471. Assistant Treasurer. - (a) An assistant treasurer may be appointed bythe Secretary of Finance from a list of at least three (3) ranking, eligible recommendeesof the governor or mayor , subject to civil service law, rules and regulations.

(b) QUALIFICATIONS: (1) he is a citizen of the Philippines, (2) a resident of the localgovernment unit concerned, (3) of good moral character, (4) a holder of acollege degree preferably in commerce, public administration, or law from arecognized college or university, and (5) a first grade civil service eligible or itsequivalent. (6) He must have acquired at least 5 years experience in thetreasury or accounting service in the case of the city or provincial assistanttreasurer, and three 3 years in the case of the municipal assistant treasurer.

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The appointment of an assistant treasurer shall be optional for provincial, cityand municipal governments;

(c) The assistant treasurer shall assist the treasurer and perform such duties asthe latter may assign to him. He shall have authority to administer oathsconcerning notices and notifications to those delinquent in the

payment of the real property tax and concerning official mattersrelating to the accounts of the treasurer or otherwise arising in the officesof the treasurer and the assessor.

Macalincag v. Chang, 208 SCRA 413 (1992)F: SOF Macalincag approved a formal administrative charge against Makati TreasurerChang for dishonesty, neglect of duty and acts prejudicial to the best interest of service(he disbursed amount during election ban – financial assistance for bereaved families,merienda of municipal employees, etc..) and ordered the preventive suspension ofChang. Chang filed a petition for prohibition with WPI TC initially denied Chang’s petitionbut subsequently granted it.H: Municipal treasurer was under the DOF as provided in Section 3 of PD 477 (SABI NIPIMENTEL). SOF is proper disciplining authority to issue preventive suspension orderMayor/Gov may still exercise power to investigate erring local officials pursuant to

Sections 444(x), 455(x) and 456 (x) of LGC.-HISTORY OF POWER TO APPOINT TREASURER: before (PD 477) Provincial Treasurers andAssessors appoint municipal treasurers. Then power to appoint transferred to SOF (PD921). Chang argues that the power to discipline him should be vested on the Presidentwho he alleges that under EO 392 had the power to appoint him. However, under theCivil Service Law, the heads of the departments have the power to discipline and PD 477provides that SOF has disciplinary supervision over municipal treasurers.-as re: replacement required: Both the CIVIL SERVICE LAW and the then LGC does notrequire a replacement to be appointed first before the preventive suspension would beeffective. OLD LGC even provides that in the case of temporary disability of thetreasurer, the assistant treasurer would automatically take-over his position

PREVENTIVE SUSPENSION EFFECTIVE UPON CHANG’S RECEIPT THEREOF

Article Three. - The AssessorSECTION. 472 . Qualifications, Powers and Duties. –(a) QUALIFICATIONS: (1) a citizen of the Philippines, (2) a resident of the local government

unit concerned, (3) of good moral character, (4) a holder of a college degreepreferably in civil or mechanical engineering, commerce, or any other related coursefrom a recognized college or university, and (5) a first grade civil service eligible or itsequivalent. (6) He must have acquired experience in real property assessment work orin any related field for at least 5 years in the case of the city or provincial assessor,and three 3 years in the case of the municipal assessor.

The appointment of an assessor shall be mandatory for provincial, city andmunicipal governments.(b) The assessor shall take charge of the assessor's office, perform the duties

provided for under Book II of this Code, and shall (DUTIES):(1) Ensure that all laws and policies governing the appraisal and

assessment of real properties for taxation purposes are properlyexecuted;

(2) Initiate, review, and recommend changes in policies and objectives, plansand programs, techniques, procedures and practices in the valuationand assessment of real properties for taxation purposes;

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(3) Establish a systematic method of real property assessment; (4) Install and maintain a real property identification and accounting

system,(5) Prepare, install and maintain a system of tax mapping, showing

graphically all property subject to assessment and gather all dataconcerning the same;

(6) Conduct frequent physical surveys to verify and determine whether all reaproperties within the province are properly listed in the assessment rolls;

(7) Exercise the functions of appraisal and assessment primarily fortaxation purposes of all real properties in the local government unitconcerned;

(8) Prepare a schedule of the fair market value for the different classes ofreal properties, in accordance with Title Two under Book II of this Code;

(9) Issue, upon request of any interested party, certified copies ofassessment records of real property and all other records relative to itsassessment, upon payment of a service charge or fee to the treasurer;

(10) Submit every semester a report of all assessments, as well ascancellations and modifications of assessments to the local chiefexecutive and the sanggunian concerned;

(11) In the case of the assessor of a component city or municipality attend, personally or through an authorized representative, all sessionsof the local board of assessment appeals whenever hisassessment is the subject of the appeal, and present or submit anyinformation or record in his possession as may be required by the board;and,

(12) In the case of the PROVINCIAL ASSESSOR , exercise technical supervision andvisitorial functions over all component city and municipalassessors, coordinate with component city or municipal assessors in theconduct of tax mapping operations and all other assessment activities,and provide all forms of assistance therefor: Provided, however, Thatupon full provision by the component city or municipality concerned to its

assessor's office of the minimum personnel , equipment, and fundingrequirements as may be prescribed by the Secretary of Finance, suchfunctions shall be delegated to the said city or municipal assessor; and(PROVINCIAL ASSESSOR’S SUPERVISION POWERS)

(c) Exercise such other powers and perform such other duties and functions as may beprescribed by law or ordinance.

PIMENTEL: appointing authority: mayor/gov subject to confirmation by sanggunianconcerned

SECTION. 473. Assistant Assessor. - (a) QUALIFICATIONS: (1) he is a citizen of thePhilippines, (2) a resident of the local government unit concerned, (3) of good mora

character, (4) a holder of a college degree preferably in civil or mechanical engineering,commerce, or any related course from a recognized college or university, and a (5) firstgrade civil service eligible or its equivalent. (6) He must have acquired experience inassessment or in any related field for at least three 3 years in the case of the city orprovincial assistant assessor, and one 1 year in the case of the [PIMENTEL: MUNICIPALASSISTANT ASSESSOR].

The appointment of an assistant assessor shall be optional for provincial, city andmunicipal governments.

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(b) The assistant assessor shall assist the assessor and perform such other duties asthe latter may assign to him. He shall have the authority to administer oaths onall declarations of real property for purposes of assessment.


Article Four. - The AccountantSECTION. 474. Qualifications, Powers and Duties. –

(a) QUALIFICATIONS: (1) he is a citizen of the Philippines, (2) a resident of the locagovernment unit concerned, (3) of good moral character, and (4) a CPA. (5) He musthave acquired experience in the treasury or accounting service for at least 5 years inthe case of the provincial or city accountant, and 3 years in the case of the municipaaccountant. The appointment of an accountant is mandatory for the provincial, city and municipagovernments.(b) The accountant shall take charge of both the accounting and internal audit

services of the local government unit concerned and shall (DUTIES):(1) Install and maintain an internal audit system in the local government unit

concerned;(2) Prepare and submit financial statements to the governor or mayor, as

the case may be, and to the sanggunian concerned;(3) Apprise the sanggunian and other local government officials on the

financial condition and operations of the local government unitconcerned;

(4) Certify to the availability of budgetary allotment to whichexpenditures and obligations may be properly charged;

(5) Review supporting documents before preparation of vouchers todetermine completeness of requirements;

(6) Prepare statements of cash advances, liquidation, salaries, allowancesreimbursements and remittances pertaining to the local government unit;

(7) Prepare statements of journal vouchers and liquidation of the same

and other adjustments related thereto;(8) Post individual disbursements to the subsidiary ledger and index cards;(9) Maintain individual ledgers for officials and employees of the loca

government unit pertaining to payrolls and deductions;(10) Record and post in index cards details of purchased furniture,

fixtures, and equipment , including disposal thereof, if any;(11) Account for all issued requests for obligations and maintain and

keep all records and reports related thereto;(12) Prepare journals and the analysis of obligations and maintain and keep

all records and reports related thereto; and(13) Exercise such other powers and perform such other duties and functions as

may be provided by law or ordinance.(c) The incumbent chief accountant in the office of the treasurer shall be givenpreference in the appointment to the position of accountant.


Section 475 – Qualifications, Powers, Duties (The Budget Officer)SECTION. 475. Qualifications, Powers and Duties.

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(a) QUALIFICATIONS: (1) he is a citizen of the Philippines, (2) a resident of the locagovernment unit concerned, (3) of good moral character, (4) a holder of a collegedegree preferably in accounting, economics, public administration or any relatedcourse from a recognized college or university, and (5) a first grade civil serviceeligible or its equivalent. (6) He must have acquired experience in governmentbudgeting or in any related field for at least 5 years in the case of the provincial or citybudget officer, and at least 3 years in the case of the municipal budget officer. The appointment of a budget officer shall be mandatory for the provincial, city, and

municipal governments.(b) The budget officer shall take charge of the budget office and shall:

(1) Prepare forms, orders, and circulars embodying instructions onbudgetary and appropriation matters for the signature of the governor ormayor, as the case may be;

(2) Review and consolidate the budget proposals of different departmentsand offices of the local government unit;

(3) Assist the governor or mayor , as the case may be, in the preparationof the budget and during budget hearings;

(4) Study and evaluate budgetary implications of proposed legislation andsubmit comments and recommendations thereon;

(5) Submit periodic budgetary reports to the Department of Budget andManagement ;

(6) Coordinate with the treasurer, accountant, and the planning anddevelopment coordinator for the purpose of budgeting;

(7) Assist the sanggunian concerned in reviewing the approved budgetsof component local government units;

(8) Coordinate with the planning and development coordinator in theformulation of the local government unit development plan; and


(d) The appropriations for personal services of the budget officer provided under theDepartment of Budget and Management shall, upon effectivity of this Code, be transferred

to the local government unit concerned. Thereafter, the appropriations for personalservices of the budget officer shall be provided for in full in the budget of the localgovernment unit.

Article Six. - The Planning and Development CoordinatorSECTION. 476. Qualifications, Powers and Duties. –(a)QUALIFICATIONS: (1) he is a citizen of the Philippines, (2) a resident of the loca

government unit concerned, (3) of good moral character, (4) a holder of a collegedegree preferably in urban planning, development studies, economics, publicadministration, or any related course from a recognized college or university, and (5) afirst grade civil service eligible or its equivalent. (6) He must have acquired experience

in development planning or in any related field for at least 5 years in the case of theprovincial or city planning and development coordinator, and 3 years in the case of themunicipal planning and development coordinator. The appointment of a planningand development coordinator shall be mandatory for provincial, city and municipagovernments.

(b) The planning and development coordinator shall take charge of the planning anddevelopment office and shall:

(1) Formulate integrated economic, social, physical, and other developmentplans and policies for consideration of the local governmentdevelopment council;

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(2) Conduct continuing studies, researches, and training programsnecessary to evolve plans and programs for implementation;

(3) Integrate and coordinate all sectoral plans and studies undertaken bythe different functional groups or agencies;

(4) Monitor and evaluate the implementation of the differentdevelopment programs, projects, and activities in the local governmentunit concerned in accordance with the approved development plan;

(5) Prepare comprehensive plans and other development planning

documents for the consideration of the local development council;(6) Analyze the income and expenditure patterns, and formulate and

recommend fiscal plans and policies for consideration of the financecommittee of the local government unit concerned as provided under Title Five, Book II of this Code;

(7) Promote people participation in development planning within the locagovernment unit concerned;

(8) Exercise supervision and control over the Secretariat of the locadevelopment council; and

(c) Exercise such other powers and perform such other functions and duties as may beprescribed by law or ordinance.PIMENTEL: appointing authority: mayor/gov subject to confirmation by sanggunianconcerned

Lira v. CSC, Jaranilla, 144 SCRA 541 (1986)F: Lira was formerly the BARANGAY FIELD COORDINATOR detailed in the Budget, Fiscal

Management and Fiscal Research Division of the Office of the City Mayor. Jaranillawas the Chief of the Budget Operations Division of the Office of the City Treasurer. Withthe Position Classification and Pay Plan of PD 1136 (Local Government PersonnelAdministration and Compensation Plan Decree of 1977) adopted by the City of Iloilo, Lirawas appointed as Budget Officer and Jaranilla as Internal Auditor. 6 months after Lira’sappointment as Budget Officer, her salary was increased as the “BUDGET OFFICER IN THE CITY BUDGET OFFICE”. Jaranilla filed protest with Civil Service Regional Office,referred to the Office of the City Mayor but the City Mayor dismissed protest for lack of merit. Thus, Jaranilla appealed to Merit System Board of the CSC. CSC sided with Jaranilla, being more competent and qualified for the position, and ordered that Jaranillabe appointed as the City Budget Officer. Lira appealed but was denied.H: PD 1375 transferred the local budget administration from the Ministry of Finance tothe Ministry of Budget. Lira’s position as part of the Office of the Mayor is but a budgetpolicy-determining arm of the local chief executive, otherwise it would be performingsame functions as the Local Budget Staff of the City Treasurer’s Office. PD 1375 createdthe new position of City Budget Officer as a result of the transfer and since it’s a newposition, it’s open to ALL QUALIFIED!-QUALIFICATIONS: 3yr experience in treasury service or equivalent in budgeting or inany related field + minimum qualification requirements, subject to Civil Service Law andapproval of Commissioner of Budget. Local Chief Executive’s discretion and prerogativein his choice of appointee to a new office is limited: should consider only those who arequalified and eligible.-Lira’s appointment was not done pursuant to Local Budget Circular No. 8 which requiresthat if a Local Budget Officer be appointed before June 19, 1980, the said officer shouldbe issued a new appointment to the position. Lira was not issued a new appointment, norwas her appointment approved by the Minister of Budget.

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-Jaranilla has more experience: 6 years budgeting work vs. 2 years in Lira’s case. Court,CSC found her more qualified than Lira

Section 477 – Qualifications, Powers and Duties (The Engineer)SECTION. 477. Qualifications, Powers and Duties. - (a) QUALIFICATIONS: (1) he is a

citizen of the Philippines, (2) a resident of the local government unit concerned, (3) ofgood moral character, and (4) a licensed civil engineer. (5) He must have acquiredexperience in the practice of his profession for at least 5 years in the case of the

provincial or city engineer, and 3 years in the case of the municipal engineer. The appointment of an engineer shall be mandatory for the provincial, city, andmunicipal governments. The city and municipal engineer shall also act as the locabuilding official. (b) The engineer shall take charge of the engineering office and shall (DUTIES):

(1) Initiate, review and recommend changes in policies and objectives, plans andprograms, techniques, procedures and practices in infrastructuredevelopment and public works in general of the local government unitconcerned;

(2) Advise the governor or mayor, as the case may be, on infrastructure,public works, and other engineering matters;

(3) Administer, coordinate, supervise, and control the construction,

maintenance, improvement, and repair of roads, bridges, andother engineering and public works projects of the local governmentunit concerned;

(4) Provide engineering services to the local government unit concernedincluding investigation and survey, engineering designs, feasibilitystudies, and project management;

(5) In the case of the PROVINCIAL ENGINEER , exercise technical supervision over alengineering offices of component cities and municipalities; and

(c) Exercise such other powers and perform such other duties and functions as may beprescribed by law or ordinance.PIMENTEL: appointing authority: mayor/gov subject to confirmation by sanggunian

concerned

Genoblazo v. CA, 174 SCRA 124 (1989)F: Sps Genoblazo occupied the land owned and registered to Sps. Delos Reyes and onthere built a barong-barong. Sps. Delos Reyes obtained a DEMOLITION ORDER from theCity Engineer of Manila to demolish the said barong-barong so Sps. Genoblazo filedbefore TC a complaint claiming ownership by extraordinary acquisitive prescription overthe property and sought to enjoin Sps Delos Reyes from demolishing their barong-barong. TC enjoined Sps Delos Reyes from doing acts that would dispossess Genoblazoof their shelter and also enjoined Genoblazo from putting up additional improvements onthe said property. Still, Genoblazo added improvements to their barong-barong so Sps

Delos Reyes pursued demolition. Genoblazo asked for a WPI. This time, TC found forDelos Reyes by upholding the DEMOLITION ORDER issued by City Enginner’s Office.H: Manila City Engineer was authorized to issue a demolition order on his finding that thedisputed structures are dangerous and structures within the meaning of the NationalBuilding Code (dangerous or ruinous).

Patagoc v. CSC, 185 SCRA 411 (1990)F: Patagoc was appointed as the City Engineer by the Mayor. Incumbent Asst. CityEngineer filed a protest with CS Regional Office against Patagoc’s appointment, arguing

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he was next in line. CS regional Office and CSC both held that Asst. City Engineer shouldbe appointed as City Engineer and Patagoc’s appointment disapproved, although bothwere qualified for the position.H: CSC cannot disapprove the appointment made by the City Mayor when the appointedofficial is qualified. The power of appointment is essentially discretionary and theCommission cannot substitute its judgment for that of the appointment power. CSCunder PD 807 may only approve or disapprove the appointment afterdetermining WON the appointee possesses the appropriate civil service

eligibility or the required qualifications. It cannot order or direct the appointment ofa successful protestant.-Both Patagoc and the Incumbent Asst. City Engineer were qualified.PIMENTEL: Requirement under OLD LGC that City Engineer must have been an Asst. CityEngineer or has engaged in the practice of his profession for at least 5 years NO LONGERCONTROLLING

Section 478 – Qualifications, Powers and Duties (The Health Officer)SECTION. 478. Qualifications, Powers and Duties. - (a) QUALIFICATIONS: (1) he is a

citizen of the Philippines, (2) a resident of the local government unit concerned, (3) ofgood moral character, and (4) a licensed medical practitioner . (5) He must have

acquired experience in the practice of his profession for at least 5 years in the case ofthe provincial or city health officer, and 3 years in the case of the municipal healthofficer. The appointment of a health officer shall be mandatory for provincial, city andmunicipal governments.b) The health officer shall take charge of the office on health and shall (DUTIES):

(1) Take charge of the office on health services, supervise the personneand staff of said office, formulate program implementationguidelines and rules and regulations for the operation of the saidoffice for the approval of the governor or mayor, as the case may be, inorder to assist him in the efficient, effective and economicaimplementation of a health services program geared to implementation ofhealth-related projects and activities;

(2) Formulate measures for the consideration of the sanggunian andprovide technical assistance and support to the governor or mayoras the case may be, in carrying out activities to ensure the delivery ofbasic services and provision of adequate facilities relative to healthservices provided under Section 17 of this Code;

(3) Develop plans and strategies and upon approval thereof by the governoror mayor as the case may be, implement the same, particularly thosewhich have to do with health programs and projects which the governor ormayor, is empowered to implement and which the sanggunian isempowered to provide for under this Code;

(4) In addition to the foregoing duties and functions, the health officer shall :(i) Formulate and implement policies, plans, programs and

projects to promote the health of the people in the locagovernment unit concerned;

(ii) Advise the governor or mayor, as the case may be, and thesanggunian on matters pertaining to health;

(iii) Execute and enforce all laws, ordinances and regulations relating topublic health;

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(iv) Recommend to the sanggunian, through the local health boardthe passage of such ordinances as he may deem necessary for thepreservation of public health;

(v) Recommend the prosecution of any violation of sanitary lawsordinances or regulations;

(vi) Direct the sanitary inspection of all business establishmentsselling food items or providing accommodations such as hotelsmotels, lodging houses, pension houses, and the like, in accordance

with the Sanitation Code;(vii) Conduct health information campaigns and render health

intelligence services;(viii) Coordinate with other government agencies and non-governmenta

organizations involved in the promotion and delivery of healthservices; and

(ix) In the case of the PROVINCIAL HEALTH OFFICER , exercise general supervisionover health officers of component cities and municipalities; and

(5) Be in the frontline of health services delivery, particularly during and inthe aftermath of man-made and natural disasters and calamities; and


Alba v. Perez, 154 SCRA 225 (1987)F: Dr. Perez, the City Health Officer of San Pablo City, was named Outstanding HealthWorker for 1980 by the Ministry of Health which awarded the former of a 2-step salaryincrease in accordance with the merit increase program (LOI 562). However, this salaryincrease was not enforced as LOI 562 only applies to officials/employees of the nationalgovernment and Dr. Perez was said to be an employee of the local government of SanPablo, and his salary was even paid by the local government unit concerned. His petitionfor mandamus was granted so petitioners contest it.H: Dr. Perez is a national government employee, thus entitled to the salary increase. Heis included among the national officials performing municipal functions under the directcontrol of the Health Minister and not the city mayor. Provincial and city health officersare all considered national government officials irrespective of source of funds for theirsalary because preservation of health is a national service.PIMENTEL: Not controlling anymore. LGC makes Local Health Officers local officials.

Pandi v. CA, 380 SCRA 436 (2002) * IPHO-APGH: Integrated Provincial HealthOfficer-Amai Pakpak General HospitalF: Dr. Macacua (REGIONAL DIRECTOR & DOH-ARMM Sec) designated Dr. Pandi(DOH-ARMM Asst. Regional Secretary) as OIC of IPHO-APGH Lanao del Sur and Dr.Sani (Provincial Health Officer of IPHO-APGH) to DOH-ARMM Regional Office – so si

Regional Director and Sec. of Health ng DOH ARMM appointed Dr. Pandi to replace Dr.Sani? Then Lanao del Sur Provincial Governor designated Dr. Saber as OIC of theIPHO-APGH Lanao del Sur (so conflict with designation of Dr. Pandi.-Dr. Sani contested his transfer to DOH-ARMM Regional Office, saying he was appointedas provincial health officer of IPHO-APGH in a permanent capacity (so di sha pede palitanni Saber nor ni Pandi)-Dr. Saber claimed he was lawfully appointed as OIC of IPH-APGH Lanao del Sur. Pandiwas enjoined from further discharging functions as OIC of IPHO-APGH-November 6, 1993 (After all these appointments were made): President Ramos issuedEO 133 transferring powers and functions of DOH to Regional Government of ARMM

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(note: not Local Government of Lanao or what…). Afterwards, Dr. Macacua (DOH-ARMMSec) REDESIGNATED DR. PANDI AS OIC OF IPHO-APGH and Dr. Sani to Regional Office inCotabato.-CA upheld designation of Dr. Saber (appointee of Gov of Lanao del Sur) as OIC of IPHO-APGH: Provincial Governor has the power to appoint the provincial health officer underthe LGCH: Governor Mutilan of Lanao had no authority to appoint Saber as OIC IPHO-APGH sinceat the time he made the appointment, IPHO-APGH was still under national government,

officials paid from national funds entirely. Saber’s appointment VOID.-Section 478, LGC: not a grant of powers to governors and mayors to appoint local healthofficers but simply a directive that those empowered to appoint local health officers aremandated to do so (so DUTY, NOT POWER)-Designation made by Macacua after EO 133 valid.-After EO 133, the ARMM Local Code was passed. Under the ARMM Local Code, theprovincial health officer was converted from a regional government official to a provinciaofficial, and thus is under the general supervision and control of the Provincial Governorand not of the Regional Secretary of Health. It is only after the ARMM Code that GovernorMutilan could have validly appointed Saber as OIC IPHO-APGH.

Section 481 – Qualifications, Powers and Duties (The legal Officer)SECTION. 481. Qualifications, Term, Powers and Duties. - (a) QUALIFICATIONS: (1) he

is a citizen of the Philippines, (2) a resident of the local government unit concerned,(3) of good moral character, and (4) a member of the Philippine Bar. (5) He musthave practiced his profession for at least 5 years in the case of the provincial and citylegal officer, and 3 years in the case of the municipal legal officer. The term of thelegal officer shall be coterminous with that of his appointing authority. Theappointment of legal officer shall be mandatory for the provincial and citygovernments and optional for the municipal government.

(b) The legal officer, the chief legal counsel of the local government unit, shall takecharge of the office of legal services and shall:(1) Formulate measures for the consideration of the sanggunian and

provide legal assistance and support to the governor or mayor, asthe case may be, in carrying out the delivery of basic services andprovisions of adequate facilities as provided for under Section 17 of thisCode;

(2) Develop plans and strategies and upon approval thereof by the governoror mayor, as the case may be, implement the same, particularly thosewhich have to do with programs and projects related to legalservices which the governor or mayor is empowered to implement andwhich the sanggunian is empowered to provide for under this Code.

(3) In addition to the foregoing duties and functions, the legal officer shall:(i) Represent the local government unit in all civil actions and specia

proceedings wherein the local government unit or any officiathereof, in his official capacity, is a party: Provided, That, in actionsor proceedings where a component city or municipality is aparty adverse to the provincial government or to anothercomponent city or municipality, a special legal officer may beemployed to represent the adverse party;

(ii) When required by the governor, mayor or sanggunian, draftordinances, contracts, bonds, leases and other instruments

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involving any interest of the local government unit; and providecomments and recommendations on any instruments alreadydrawn;

(iii) Render his opinion in writing on any question of law whenrequested to do so by the governor, mayor, or sanggunian;

(iv) Investigate or cause to be investigated any local official oremployee for administrative neglect or misconduct in officeand recommend appropriate action to the governor, mayor or

sanggunian, as the case may be;(v) Investigate or cause to be investigated any person, firm or

corporation holding any franchise or exercising any public privilege for failure to comply with any term or condition inthe grant of such franchise or privilege, and recommendingappropriate action to the governor, mayor or sanggunian, as thecase may be;

(vi) When directed by the governor, mayor, or sanggunian, initiate and prosecute in the interest of the local government unitconcerned any civil action on any bond, lease or other contractupon any breach or violation thereof; and

(vii) Review and submit recommendations on ordinances approvedand executive orders issued by component units;

(3) Recommend measures to the sanggunian and advise the governor ormayor as the case may be on all other matters related to upholding therule of law ;

(4) Be in the frontline of protecting human rights and prosecuting anyviolations thereof, particularly those which occur during and in theaftermath of man-made or natural disasters or calamities; and

(5) Exercise such other powers and perform such other duties and functions asmay be prescribed by law or ordinance.

Griňo v. CSC, 194 SCRA 458 (1991)

F: Provincial Atty Demaisip resigned from his post and was replaced by Arandela. Uponelection of Governor Grino, he informed Arandela and ALL the legal officers at theProvicial Atty’s Office of his decision to terminate all their services based on lack of confidence based on an article they published in the Panay News. Gov. Grinoreappointed Demaisip as Provincial Atty. Arandela and the staff appealed theirtermination to the Merits System Protection Board of the Civil Service Commission whichsided with Atty. Arandela and the staff, decision affirmed by CSC.H: Quoting Cadiente v. Santos, a city legal officer is one requiring that utmost confidenceon the part of the mayor. The relationship existing between a lawyer and his client,whether a private individual or a public officer, is one that depends on the highestdegree of trust that the latter entertains for the counsel selected. Being a “primarily

confidential”, the Provincial Atty.’s services can be terminated based on loss of confidence and trust.-As regards the staff: legal work involved can be delegated. They do not occupy primarilyconfidential positions, instead, they occupy positions that are remote from theappointing authority and are subject to the supervision and control of the legal officer,who can ensure that the judiciary duties inherent in the attorney-client relationship areobserved. Accordingly, they enjoy security of tenure as mandated by the Civil ServiceLaw.

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Ramos v. CA, 269 SCRA 34 (1997)F: LGU hired a private lawyerH: GR: Only the provincial fiscal, provincial attorney and municipal attorney shouldrepresent a municipality in its lawsuits. Only accountable public officers may act for andin behalf of public entities and that public funds should not be expended to hire privatelawyers.X: 1. when the municipality is an adverse party in a case involving the provincialgovernment or another municipality or city within the province;

2. if and when the provincial fiscal is disqualified to represent in court a particularmunicipality;3. when the original jurisdiction of a case involving the municipality is vested in theSupreme Court4. when the municipality is a party adverse to the provincial government or to someother municipality in the same province (?);5. in a case involving the municipality, he or his wife, or child is pecuniary involved asheir, legatee, creditor or otherwise.

Other officers

Article Nine. - The Civil RegistrarSECTION. 479. Qualifications, Powers and Duties. - (a) No person shall be appointed

civil registrar unless he is a citizen of the Philippines, a resident of the locagovernment unit concerned, of good moral character, a holder of a college degreefrom a recognized college or university, and a first grade civil service eligible or itsequivalent. He must have acquired experience in civil registry work for at leastfive(5) years in the case of the city civil registrar and three (3) years in the case of themunicipal civil registrar. The appointment of a civil registrar shall be mandatory for city and municipagovernments.(b) The civil registrar shall be responsible for the civil registration program in the loca

government unit concerned, pursuant to the Civil Registry Law, the Civil Codeand other pertinent laws, rules and regulations issued to implement them.

(c) The Civil Registrar shall take charge of the office of the civil registry and shall:(1) Develop plans and strategies and upon approval thereof by the governor or

mayor, as the case may be, implement the same, particularly those whichhave to do with civil registry programs and projects which the mayor isempowered to implement and which the sanggunian is empowered toprovide for under this Code;

(2) In addition to the foregoing duties and functions, the civil registrar shall:(i) Accept all registrable documents and judicial decrees affecting the civi

status of persons;(ii) File, keep and preserve in a secure place the books required by law;(iii) Transcribe and enter immediately upon receipt all registrable

documents and judicial decrees affecting the civil status of personsin the appropriate civil registry books;

(iv) Transmit to the Office of the Civil Registrar- General, within theprescribed period, duplicate copies of registered documentsrequired by law;

(v) Issue certified transcripts or copies of any certificate or registereddocuments upon payment of the prescribed fees to the treasurer;

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(vi) Receive applications for the issuance of a marriage license and, afterdetermining that the requirements and supporting certificates andpublication thereof for the prescribed period have been compliedwith, issue the license upon payment of the authorized fee to thetreasurer;

(vii) (vii) Coordinate with the National Statistics Office in conductingeducational campaigns for vital registration and assist in thepreparation of demographic and other statistics for the loca

government unit concerned; and


Article Ten. - The AdministratorSECTION. 480. Qualifications, Term, Powers and Duties. - (a) No person shall be

appointed administrator unless he is a citizen of the Philippines, a resident of the locagovernment unit concerned, of good moral character, a holder of a college degreepreferably in public administration, law, or any other related course from a recognizedcollege or university, and a first grade civil service eligible or its equivalent. He musthave acquired experience in management and administration work for at leastfive (5) years in the case of the provincial or city administrator, and three (3) years inthe case of the municipal administrator. The term of administrator is coterminous with that of his appointing authority. The appointment of an administrator shall be mandatory for the provincial and citygovernments, and optional for the municipal government.(b) The administrator shall take charge of the office of the administrator and shall:

(1) Develop plans and strategies and upon approval thereof by the governor ormayor, as the case may be, implement the same particularly those whichhave to do with the management and administration-related programsand projects which the governor or mayor is empowered to implementand which the sanggunian is empowered to provide for under this Code;

(2) In addition to the foregoing duties and functions, the administrator shall:(i) Assist in the coordination of the work of all the officials of the loca

government unit, under the supervision, direction, and control ofthe governor or mayor, and for this purpose, he may convene thechiefs of offices and other officials of the local government unit;

(ii) Establish and maintain a sound personnel program for the locagovernment unit designed to promote career development anduphold the merit principle in the local government service;

(iii) Conduct a continuing organizational development of the locagovernment unit with the end in view of instituting effectiveadministrative reforms;

(3) Be in the frontline of the delivery of administrative support servicesparticularly those related to the situations during and in the aftermath ofman-made and natural disasters and calamities;

(4) Recommend to the sanggunian and advise the governor and mayor, as thecase may be, on all other matters relative to the management andadministration of the local government unit; and


Article Twelve. - The Agriculturist

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SECTION. 482. Qualifications, Powers and Duties. - (a) No person shall be appointedagriculturist unless he is a citizen of the Philippines, a resident of the local governmentunit concerned, of good moral character, a holder of a college degree in agriculture orany related course from a recognized college or university, and a first grade civiservice eligible or its equivalent. He must have practiced his profession in agricultureor acquired experience in a related field for at least five (5) years in the case of theprovincial and city agriculturist, and three (3) years in the case of the municipaagriculturist.

The position of the agriculturist shall be mandatory for the provincial governmentand optional for the city and municipal governments.(b) The agriculturist shall take charge of the office for agricultural services, and shall:

(1) Formulate measures for the approval of the sanggunian and providetechnical assistance and support to the governor or mayor, as the casemay be, in carrying out said measures to ensure the delivery of basicservices and provision of adequate facilities relative to agriculturaservices as provided for under Section 17 of this Code;

(2) Develop plans and strategies and upon approval thereof by the governor ormayor, as the case may be, implement the same, particularly those whichhave to do with agricultural programs and projects which the governor ormayor is empowered to implement and which the sanggunian usempowered to provide for under this Code;

(3) In addition to the foregoing duties and functions, the agriculturist shall:(i) Ensure that maximum assistance and access to resources in the

production, processing and marketing of agricultural and aqua-cultural and marine products are extended to farmers, fishermenand local entrepreneurs;

(ii) Conduct or cause to be conducted location-specific agriculturaresearches and assist in making available the appropriatetechnology arising out of and disseminating information on basicresearch on crops, preventive and control of plant diseases andpests, and other agricultural matters which will maximize

productivity;(iii) Assist the governor or mayor, as the case may be, in the

establishment and extension services of demonstration farms oraqua-culture and marine products;

(iv) Enforce rules and regulations relating to agriculture and aquaculture;(v) Coordinate with government agencies and non- governmenta

organizations which promote agricultural productivity throughappropriate technology compatible with environmental integrity;

(4) Be in the frontline of delivery of basic agricultural services, particularly thoseneeded for the survival of the inhabitants during and in the aftermath ofman-made and natural disasters; (5) Recommend to the sanggunian and

advise the governor or mayor, as the case may be, on all other mattersrelated to agriculture and aqua-culture which will improve the livelihoodand living conditions of the inhabitants; and


Article Thirteen. - The Social Welfare and Development OfficerSECTION. 483. Qualifications, Powers and Duties. - (a) No person shall be appointed

social welfare and development officer unless he is a citizen of the Philippines, aresident of the local government unit concerned, of good moral character, a duly

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licensed social worker or a holder of a college degree preferably in sociology or anyother related course from a recognized college or university, and a first grade civilservice eligible or its equivalent. He must have acquired experience in the practice ofsocial work for at least five (5) years in the case of the provincial or city social welfareand development officer, and three (3) years in the case of the municipal sociawelfare and development officer. The appointment of a social welfare and development officer is mandatory forprovincial and city governments, and optional for municipal government.

(b) The social welfare and development officer shall take charge of the office on sociawelfare and development services and shall:(1) Formulate measures for the approval of the sanggunian and provide

technical assistance and support to the governor or mayor, as the casemay be, in carrying out measures to ensure the delivery of basic servicesand provision of adequate facilities relative to social welfare anddevelopment services as provided for under Section 17 of this Code;

(2) Develop plans and strategies and upon approval thereof by the governor ormayor, as the case may be, implement the same particularly those whichhave to do with social welfare programs and projects which the governoror mayor is empowered to implement and which the sanggunian isempowered to provide for under this Code;

(3) In addition to the foregoing duties, the social welfare and developmentofficer shall:(i) Identify the basic needs of the needy, the disadvantaged and the

impoverished and develop and implement appropriate measures toalleviate their problems and improve their living conditions;

(ii) Provide relief and appropriate crisis intervention for victims of abuseand exploitation and recommend appropriate measures to deterfurther abuse and exploitation;

(iii) Assist the governor or mayor, as the case may be, in implementingthe Barangay level program for the total development andprotection of children up to six (6) years of age;

(iv) Facilitate the implementation of welfare programs for the disabled,elderly, and victims of drug addiction, the rehabilitation of prisonersand parolees, the prevention of juvenile delinquency and such otheractivities which would eliminate or minimize the ill-effects ofpoverty;

(v) Initiate and support youth welfare programs that will enhance the roleof the youth in nation-building;

(vi) Coordinate with government agencies and non- governmentaorganizations which have for their purpose the promotion and theprotection of all needy, disadvantaged, underprivileged orimpoverished groups or individuals, particularly those identified to

be vulnerable and high-risk to exploitation, abuse and neglect;(4) Be in the frontline of service delivery, particularly those which have to dowith immediate relief during and assistance in the aftermath of man-madeand natural disaster and natural calamities;

(5) Recommend to the sanggunian and advise the governor or mayor, as thecase may be, on all other matters related to social welfare anddevelopment services which will improve the livelihood and livingconditions of the inhabitants; and


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Article Fourteen. - The Environment and Natural Resources OfficerSECTION. 484. Qualifications, Powers and Duties. - (a) No person shall be appointed

environment and natural resources officer unless he is a citizen of the Philippines, aresident of the local government unit concerned, of good moral character, a holder ofa college degree preferably in environment, forestry, agriculture or any related coursefrom a recognized college or university, and a first grade civil service eligible or itsequivalent. He must have acquired experience in environmental and natural resources

management, conservation, and utilization, of at least five (5) years in the case of theprovincial or city environment and natural resources officer, and three (3) years in thecase of the municipal environment and natural resources officer.

The appointment of the environment and natural resources officer is optionafor provincial, city, and municipal governments. (optional all the time!)

(b) The environment and natural resources management officer shall take charge ofthe office on environment and natural resources and shall:(1) Formulate measures for the consideration of the sanggunian and provide

technical assistance and support to the governor or mayor, as the casemay be, in carrying out measures to ensure the delivery of basic servicesand provision of adequate facilities relative to environment and naturaresources services as provided for under Section 17 of this Code;

(2) Develop plans and strategies and upon approval thereof by the governor ormayor, as the case may be, implement the same, particularly those whichhave to do with environment and natural resources programs and projectswhich the governor or mayor is empowered to implement and which thesanggunian is empowered to provide for under this Code;

(3) In addition to the foregoing duties and functions, the environment andnatural resources officer shall:(i) Establish, maintain, protect and preserve communal forests

watersheds, tree parks, mangroves, greenbelts and similar forestprojects and commercial forest, like industrial tree farms and agro-forestry projects;

(ii) Provide extension services to beneficiaries of forest developmentprojects and technical, financial and infrastructure assistance;

(iii) Manage and maintain seed banks and produce seedlings for forestsand tree parks;

(iv) Provide extension services to beneficiaries of forest developmentprojects and render assistance for natural resources-relatedconservation and utilization activities consistent with ecologicabalance;

(v) Promote the small-scale mining and utilization of mineral resources,particularly mining of gold;

(vi) Coordinate with government agencies and non- governmenta

organizations in the implementation of measures to prevent andcontrol land, air and water pollution with the assistance of theDepartment of Environment and Natural Resources;

(4) Be in the frontline of the delivery of services concerning the environmentand natural resources, particularly in the renewal and rehabilitation of theenvironment during and in the aftermath of man-made and naturacalamities and disasters;

(5) Recommend to the sanggunian and advise the governor or mayor, as thecase may be, on all matters relative to the protection, conservation

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maximum utilization, application of appropriate technology and othermatters related to the environment and natural resources; and


Article Fifteen - The ArchitectSECTION. 485. Qualifications, Powers and Duties. - (a) No person shall be appointed

architect unless he is a citizen of the Philippines, a resident of the local government

unit concerned, of good moral character, a duly licensed architect. He must havepracticed his profession for at least five (5) years in the case of the provincial or cityarchitect, and three (3) years in the case of the municipal architect. The appointmentof the architect is optional for provincial, city and municipal governments.(b) The architect shall take charge of the office on architectural planning and design

and shall:(1) Formulate measures for the consideration of the sanggunian and provide

technical assistance and support to the governor or mayor, as the casemay be, in carrying out measures to ensure the delivery of basic servicesand provision of adequate facilities relative to architectural planning anddesign as provided for under Section 17 of this Code;

(2) Develop plans and strategies and upon approval thereof by the governor ormayor, as the case may be, implement the same, particularly those whichhave to do with architectural planning and design programs and projectswhich the governor or mayor is empowered to implement and which thesanggunian is empowered to provide for under this Code;

(3) In addition to foregoing duties and functions, the architect shall:(i) Prepare and recommend for consideration of the sanggunian the

architectural plan and design for the local government unit or a partthereof, including the renewal of slums and blighted areas, landreclamation activities, the greening of land, and appropriateplanning of marine and foreshore areas;

(ii) Review and recommend for appropriate action of the sanggunian

governor or mayor, as the case may be, the architectural plans anddesign submitted by governmental and non-governmental entitiesor individuals, particularly those for undeveloped, underdevelopedand poorly-designed areas; and

(iii) Coordinate with government and non-government entities andindividuals involved in the aesthetics and the maximum utilizationof the land and water within the jurisdiction of the local governmentunit, compatible with environmental integrity and ecologicabalance.

(4) Be in the frontline of the delivery of services involving architectural planningand design, particularly those related to the redesigning of spatia

distribution of basic facilities and physical structures during and in theaftermath of man-made and natural calamities and disasters;(5) Recommend to the sanggunian and advise the governor or mayor, as the

case may be, on all other matters relative to the architectural planningand design as it relates to the total socioeconomic development of thelocal government unit; and


Article Sixteen. - The Information Officer

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SECTION. 486. Qualifications, Powers and Duties. - (a) No person shall be appointedinformation officer unless he is a citizen of the Philippines, a resident of the locagovernment unit concerned, of good moral character, a holder of a college degreepreferably in journalism, mass communication or any related course from a recognizedcollege or university, and a first grade civil service eligible or its equivalent. He musthave experience in writing articles and research papers, or in writing for printtelevision or broadcast media of at least three (3) years in the case of the provincial orcity information officer, and at least one (1) year in the case of municipal information

officer. The appointment of the information officer is optional for the provincial, city andmunicipal governments. The term of the information officer is co-terminous with that of his appointingauthority.(b) The information officer shall take charge of the office on public information andshall:

(1) Formulate measures for the consideration of the sanggunian and providetechnical assistance and support to the governor or mayor, as the casemay be, in providing the information and research data required for thedelivery of basic services and provision of adequate facilities so that thepublic becomes aware of said services and may fully avail of the same;

(2) Develop plans and strategies and, upon approval thereof by the governor ormayor, as the case may be, implement the same, particularly those whichhave to do with public information and research data to support programsand projects which the governor or mayor is empowered to implementand which the sanggunian is empowered to provide for under this Code;

(3) In addition to the foregoing duties and functions, the information officershall:(i) Provide relevant, adequate, and timely information to the loca

government unit and its residents;(ii) Furnish information and data on local government units to government

agencies or offices as may be required by law or ordinance; and

non-governmental organizations to be furnished to said agenciesand organizations;

(iii) Maintain effective liaison with the various Sectors of the communityon matters and issues that affect the livelihood and the quality oflife of the inhabitants and encourage support for programs of thelocal and national government;

(4) Be in the frontline in providing information during and in the aftermath ofmanmade and natural calamities and disasters, with special attention tothe victims thereof, to help minimize injuries and casualties during andafter the emergency, and to accelerate relief and rehabilitation;

(5) Recommend to the sanggunian and advise the governor or mayor, as the

case may be, on all other matters relative to public information andresearch data as it relates to the total socioeconomic development of thelocal government unit; and


Article Seventeen. - The Cooperatives OfficerSECTION. 487. Qualifications, Powers and Duties. - (a) No person shall be appointed

cooperative officer unless he is a citizen of the Philippines, a resident of the locagovernment unit concerned, of good moral character, a holder of a college degreepreferably in business administration with special training in cooperatives or any

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related course from a recognized college or university, and a first grade civil serviceeligible or its equivalent. He must have experience in cooperatives organization andmanagement of at least five (5) years in the case of the provincial or city cooperativesofficer, and three (3) years in the case of municipal cooperatives officer. The appointment of the cooperatives officer is optional for the provincial and citygovernments.b) The cooperatives officer shall take charge of the office for the development of

cooperatives and shall:

(1) Formulate measures for the consideration of the sanggunian, and providetechnical assistance and support to the governor or mayor, as the casemay be, in carrying out measures to ensure the delivery of basic servicesand provision of facilities through the development of cooperatives, and inproviding access to such services and facilities;

(2) Develop plans and strategies and, upon approval thereof by the governor ormayor, as the case may be, implement the same, particularly those whichhave to do with the integration of cooperatives principles and methods inprograms and projects which the governor or mayor is empowered toimplement and which the sanggunian is empowered to provide for underthis Code;

(3) In addition to the foregoing duties and functions, the cooperatives officershall:(i) Assist in the organization of cooperatives;(ii) Provide technical and other forms of assistance to existing

cooperatives to enhance their viability as an economic enterpriseand social organization;

(iii) Assist cooperatives in establishing linkages with government agenciesand non-government organizations involved in the promotion andintegration of the concept of cooperatives in the livelihood of thepeople and other community activities;

(4) Be in the frontline of cooperatives organization, rehabilitation or viability-enhancement, particularly during and in the aftermath of man-made and

natural calamities and disasters, to aid in their survival and, if necessarysubsequent rehabilitation;

(5) Recommend to the sanggunian, and advise the governor or mayor, as thecase may be, on all other matters relative to cooperatives developmentand viability- enhancement which will improve the livelihood and qualityof life of the inhabitants; and


Article Eighteen. - The Population OfficerSECTION. 488. Qualifications, Powers and Duties. - (a) No person shall be appointed

population officer unless he is a citizen of the Philippines, a resident of the loca

government unit concerned, of good moral character, a holder of a college degree withspecialized training in population development from a recognized college or universityand a first grade civil service eligible or its equivalent. He must have experience in theimplementation of programs on population development or responsible parenthood forat least five (5) years in the case of the provincial or city population officer and three(3) years in the case of the municipal population officer. The appointment of a population officer shall be optional in the local governmentunit: Provided, however, That provinces and cities which have existing populationoffices shall continue to maintain such offices for a period of five (5) years from thedate of effectivity of this Code, after which said offices shall become optional.

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(b) The population officer shall take charge of the office on population developmentand shall:

(1) Formulate measures for the consideration of the sanggunian and provide technicaassistance and support to the governor or mayor, as the case may be, incarrying out measures to ensure the delivery of basic services and provision ofadequate facilities relative to the integration of the population developmentprinciples and in providing access to said services and facilities;(2) Develop plans and strategies and upon approval thereof by the governor or

mayor, as the case may be, implement the same, particularly those whichhave to do with the integration of population development principles andmethods in programs and projects which the governor or mayor isempowered to implement and which the sanggunian is empowered toprovide for under this Code;

(3) In addition to the foregoing duties and functions, the population officer shall:(i) Assist the governor or mayor, as the case may be, in the

implementation of the Constitutional provisions relative topopulation development and the promotion of responsibleparenthood;

(ii) Establish and maintain an updated data bank for program operations,development planning and an educational program to ensure thepeople's participation in and understanding of populationdevelopment;

(iii) Implement appropriate training programs responsive to the culturaheritage of the inhabitants; and


Article Nineteen. - The VeterinarianSECTION. 489. Qualifications, Powers and Duties. - (a) No person shall be appointed

veterinarian unless he is a citizen of the Philippines, a resident of the local governmentconcerned, of good moral character, a licensed doctor of veterinary medicine. He must

have practiced his profession for at least three (3) years in the case of provincial orcity veterinarian and at least one (1) year in the case of the municipal veterinarian. The appointment of a veterinarian officer is mandatory for the provincial and citygovernments.

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(b) The veterinarian shall take charge of the office for veterinary services and shall:(1) Formulate measures for the consideration of the sanggunian, and provide

technical assistance and support to the governor or mayor, as the casemay be, in carrying out measures to ensure the delivery of basic servicesand provision of adequate facilities pursuant to Section 17 of this Code;

(2) Develop plans and strategies and upon approval thereof by the governor ormayor, as the case may be, implement the same, particularly those whichhave to do with the veterinary-related activities which the governor or

mayor is empowered to implement and which the sanggunian isempowered to provide for under this Code;

(3) In addition to the foregoing duties and functions, the veterinarian shall:(i) Advise the governor or the mayor, as the case may be, on all matters

pertaining to the slaughter of animals for human consumption andthe regulation of slaughterhouses;

(ii) Regulate the keeping of domestic animals;(iii) Regulate and inspect poultry, milk and dairy products for public

consumption;(iv) Enforce all laws and regulations for the prevention of cruelty to

animals; and(v) Take the necessary measures to eradicate, prevent or cure all forms of

animal diseases;(4) Be in the frontline of veterinary related activities, such as in the outbreak of

highly-contagious and deadly diseases, and in situations resulting in thedepletion of animals for work and human consumption, particularly thosearising from and in the aftermath of man-made and natural calamities anddisasters;

(5) Recommend to the sanggunian and advise the governor or mayor, as thecase may be, on all other matters relative to veterinary services which wilincrease the number and improve the quality of livestock, poultry and otherdomestic animals used for work or human consumption; and(6) Exercise such other powers and perform such other duties and functions as

may be prescribed by law or ordinance.

Article Twenty. - The General Services OfficerSECTION. 490. Qualifications, Powers and Duties. - (a) No person shall be appointed

general services officer unless he is a citizen of the Philippines, a resident of the locagovernment unit concerned, of good moral character, a holder of a college degree onpublic administration, business administration and management from a recognizedcollege or university, and a first grade civil service eligible or its equivalent. He musthave acquired experience in general services, including management of supplyproperty, solid waste disposal, and general sanitation, of at least five (5) years in thecase of the provincial or city general services officer, and at least three (3) years in the

case of the municipal general services officer. The appointment of a general servicesofficer is mandatory for the provincial and city governments.(b) The general services officer shall take charge of the office on general services and

shall:(1) Formulate measures for the consideration of the sanggunian and provide

technical assistance and support to the governor or mayor, as the casemay be, in carrying out measures to ensure the delivery of basic servicesand provision of adequate facilities pursuant to Section 17 of this Codeand which require general services expertise and technical supportservices;

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(2) Develop plans and strategies and upon approval thereof by the governor ormayor, as the case may be, implement the same, particularly those whichhave to do with the general services supportive of the welfare of theinhabitants which the governor or mayor is empowered to implement andwhich the sanggunian is empowered to provide for under this Code;

(3) In addition to the foregoing duties and functions, the general services officershall:(i) Take custody of and be accountable for all properties, real or personal,

owned by the local government unit and those granted to it in theform of donation, reparation, assistance and counterpart of jointprojects;

(ii) With the approval of the governor or mayor, as the case may be,assign building or land space to local officials or other publicofficials, who by law, are entitled to such space;

(iii) Recommend to the governor or mayor, as the case may be, thereasonable rental rates for local government properties, whetherreal or personal, which will be leased to public or private entities bythe local government;

(iv) Recommend to the governor or mayor, as the case may bereasonable rental rates of private properties which may be leasedfor the official use of the local government unit;

(v) Maintain and supervise janitorial, Security, landscaping and otherrelated services in all local government public buildings and otherreal property, whether owned or leased by the local governmentunit;

(vi) Collate and disseminate information regarding prices, shipping andother costs of supplies and other items commonly used by the locagovernment unit;

(vii) Perform archival and record management with respect to records ofoffices and departments of the local government unit; and

(viii) Perform all other functions pertaining to supply and property

management heretofore performed by the local governmenttreasurer; and enforce policies on records creation, maintenanceand disposal;

(4) Be in the frontline of general services related activities, such as the possibleor imminent destruction or damage to records, supplies, properties, andstructures and the orderly and sanitary clearing up of waste materials ordebris, particularly during and in the aftermath of man-made and naturacalamities and disasters;

(5) Recommend to the sanggunian and advise the governor or mayor, as thecase may be, on all other matters relative to general services; and

(c) Exercise such other powers and perform such other duties and functions as may be

prescribed by law or ordinance.

OTHER PROVISIONS APPLICABLE TO LGUs

Chapter 1 – Settlement of Boundary DisputeSection 118-119

CHAPTER 1. - Settlement of Boundary Disputes

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SECTION 118. Jurisdictional Responsibility for Settlement of Boundary Dispute. -Boundary disputes between and among local government units shall, as much aspossible, be settled amicably. To this end:(a) Boundary disputes involving two (2) or more Barangays in the same city or

municipality shall be referred for settlement to the SangguniangPanlungsod or Sangguniang bayan concerned.

(b) Boundary disputes involving two (2) or more municipalities within the sameprovince shall be referred for settlement to the Sangguniang Panlalawigan

concerned.(c) Boundary disputes involving municipalities or component cities of different

provinces shall be jointly referred for settlement to the Sanggunians of theprovinces concerned.

(d) Boundary disputes involving a component city or municipality on the onehand and a highly urbanized city on the other, or two (2) or more highlyurbanized cities, shall be jointly referred for settlement to the respectiveSanggunians of the parties.

(e) In the event the Sanggunian fails to effect an amicable settlement within sixty (60)days from the date the dispute was referred thereto, it shall issue acertification to that effect. Thereafter, the dispute shall be formally tried bythe Sanggunian concerned which shall decide the issue within sixty (60) daysfrom the date of the certification referred to above.

SECTION 119. Appeal. - Within the time and manner prescribed by the Rules of Court, anyparty may elevate the decision of the Sanggunian concerned to the proper RegionaTrial Court having jurisdiction over the area in dispute. The Regional Trial Courtshall decide the appeal within one (1) year from the filing thereof. Pending finaresolution of the disputed area prior to the dispute shall be maintained and continuedfor all legal purposes.

Effects of …Municipality of Sogod v. Rosal, 201 SCRA 632 (1991): The authority to hear andresolve municipal boundary disputes belongs to the provincial boards and not to the trial

courts.F: RA 522 created municipality of Bontoc composed of barrios Bontoc, Divisoria, Onion,Pacu, Beniton, Catmon, Hilaan, Taa, Sta. Cruz, Mahayhay and their corresponding sitios.However, Municipality of Sogod which previously had jurisdiction over Bontoc and theconstituting barrios claimed these areas. Provincial Board of Leyte issued Resolution 617directing the holding of a plebiscite to determine whether the people in these barrioswould like to remain with Sogod or Bontoc. Plebiscite conducted: more favored to be partof Sogod than Bontoc thus Provincial Board of Leyte issued Resolution 519recommending to President/Congress that RA 522 be amended so as to include thefollowing barrios claimed by Sogod which are in Bontoc but not included in said law. Alsosuggested that the boundary line be placed at Grandada Creek.

-President Garcia promulgated EO 368 approving the recommendation of the provinciaboard of Leyte, and reconstituted the barrios and sitios which shall compose themunicipalities of Bontoc and Sogod + specified Granada Creek as boundary lineseparating Bontoc and Sogod

- On December 28, 1959, Carlos P. Garcia, then President of the Philippines, promulgatedExecutive Order No. 368, which approved the recommendation of the provincial board ofLeyte, and reconstituted the barrios and sitios which shall compose the municipalities of

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Bontoc and Sogod. The executive order also specified Granada Creek as the boundaryline separating Bontoc and Sogod.- However the President of the Philippines sent a telegram to the Provincial Board ofSouthern Leyte suspending the implementation of EO 368.- The Provincial Board of Southern Leyte passed Resolution No. 62 suspending theimplementation of Executive Order 368. The Board also created a committee to conductthe holding of a plebiscite in the barrios and sitios affected by Executive Order 368 andto finally settle the boundary dispute.

- The municipality of Sogod filed two civil cases:1. Certiorari and prohibition to enjoin the provincial board and provincial governor fromtaking cognizance of the long pending boundary dispute between the two municipalitiesand to enjoin the municipality of Bontoc from exercising territorial jurisdiction over thebarrios allegedly belonging to the municipality of Sogod.2. For recovery of taxes with receivership against the municipality of Bontoc alleging thatthe municipality of Bontoc, without any legal basis, exercised jurisdiction not only overthe barrios enumerated in Republic Act No. 522 but also over ten (10) barrios belongingto the complainant municipality of Sogod. The complaint prayed that the municipality ofBontoc be ordered to pay Sogod one half of the total amount of taxes collected by theformer from the inhabitants of the aforesaid barrios during the period from 1950 to 1959

- The trial court issued an order dismissing the two civil cases for lack of jurisdiction overthe subject matter of the case. MR denied.

ISSUEWON the trial court gravely erred in dismissing the two cases for lack of jurisdiction.

HELDNO. The law vested the right to settle boundary disputes between municipalities on theprovincial board pursuant to Section 2167 of the Revised Administrative Code, whichreads:

SEC. 2167. Municipal boundary disputes. ? How settled ? Disputes as to jurisdiction ofmunicipal governments over places or barrios shall be decided by the province boards ofthe provinces in which such municipalities are situated, after an investigation at whichthe municipalities concerned shall be duly heard. From the decision of the provincialboard appeal may be taken by the municipality aggrieved to the Secretary of the Interior(now the Office of the Executive Secretary), whose decision shall be final. Where theplaces or barrios in dispute are claimed by municipalities situated in different provinces,the provincial boards of the provinces concerned shall come to an agreement if possible,but, in the event of their failing to agree, an appeal shall be had to the Secretary ofInterior (Executive Secretary), whose decision shall be final. (Municipality of Hinabanganv. Municipality of Wright, 107 Phil. 394).

ReasoningIt is clear from the aforestated legal provision that the authority to hear and resolvemunicipal boundary disputes belongs to the provincial boards and not to the trial courts. The decisions of the boards are then appealable to the Executive Secretary. Records inthe instant case show that when petitioner municipality filed the civil actions in 1970before the trial court, the provincial board of Southern Leyte had not yet conducted aplebiscite as ordered by the Executive Department in 1960 or rendered any ordersettling the dispute. Petitioner municipality should have elevated the matter of delay to

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the then Secretary of Interior (now Executive Secretary) for action instead of bringing itto the trial court. Although existing laws then vested on the provincial board the powerto determine or even alter municipal boundaries, the Secretary of Interior or theExecutive Department for that matter, was not precluded during that time from takingnecessary steps for the speedy settlement of the boundary dispute. In Pelaez v. AuditorGeneral, No. L-23825, December 24, 1965, 15 SCRA 569, which applied Republic Act No2370, known as the Barrio Charter, We held that the power to fix common boundaries inorder to avoid or settle conflicts of jurisdiction between adjoining municipalities may also

partake of an administrative nature that can be decided by the administrativedepartment, involving as it does, the adoption of means and ways to carry into effect thelaws creating said municipalities.

DISPOSITION The petitions are DISMISSED. The assailed orders of the respondent judge are AFFIRMED.

Chapter 2 - Local Initiative & ReferendumSECTION 120. Local Initiative Defined. - Local initiative is the legal process whereby the

registered voters of a local government unit may directly propose, enact, or amendany ordinance.

SECTION 121. Who May Exercise. - The power of local initiative and referendum may beexercised by all registered voters of the provinces, cities, municipalities, andBarangays.

SECTION 122. Procedure in Local Initiative. - (a) Not less than one thousand (1,000)registered voters in case of provinces and cities, one hundred (100) in case ofmunicipalities, and fifty (50) in case of Barangays, may file a petition with theSanggunian concerned proposing the adoption, enactment, repeal, or amendmentof an ordinance.(b) If no favorable action thereon is taken by the Sanggunian concerned within

thirty (30) days from its presentation, the proponents, through their dulyauthorized and registered representatives, may invoke their power of initiative,

giving notice thereof to the Sanggunian concerned .(c) The proposition shall be numbered serially starting from Roman numeral I The Comelec or its designated representative shall extend assistance inthe formulation of the proposition.

(d) Two (2) or more propositions may be submitted in an initiative.(e) Proponents shall have ninety (90) days in case of provinces and cities, sixty (60)

days in case of municipalities, and thirty (30) days in case of Barangays, fromnotice mentioned in subsection (b) hereof to collect the required number ofsignatures.

(f) The petition shall be signed before the election registrar, or his designatedrepresentatives, in the presence of a representative of the proponent, and arepresentative of the Sanggunian concerned in a public place in the loca

government unit, as the case may be. Stations for collecting signaturesmay be established in as many places as may be warranted.

(g) Upon the lapse of the period herein provided, the Comelec, through its office inthe local government unit concerned, shall certify as to whether or not therequired number of signatures has been obtained. Failure to obtain therequired number defeats the proposition.

(h) If the required number of signatures is obtained, the Comelec shall then set a datefor the initiative during which the proposition shall be submitted to theregistered voters in the local government unit concerned for their

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approval within sixty (60) days from the date of certification by theComelec, as provided in subsection (g) hereof, in case of provinces and cities,forty-five (45) days in case of municipalities, and thirty (30) days in case ofBarangays. The initiative shall then be held on the date set, after which theresults thereof shall be certified and proclaimed by the Comelec.

SECTION 123. Effectivity of Local Propositions. - If the proposition is approved by amajority of the votes cast, it shall take effect fifteen (15) days aftercertification by the Comelec as if affirmative action thereon had been made by the

Sanggunian and local chief executive concerned. If it fails to obtain said number ofvotes, the proposition is considered defeated.

SECTION 124. Limitations on Local Initiatives. - (a) The power of local initiative shalnot be exercised more than once a year.(b) Initiative shall extend only to subjects or matters which are within the legal powers

of the Sanggunians to enact .(c) If at any time before the initiative is held, the Sanggunian concerned adopts in to

the proposition presented and the local chief executive approves the same, theinitiative shall be canceled. However, those against such action may, if theyso desire, apply for initiative in the manner herein provided.

SECTION 125. Limitations upon Sanggunians. - Any proposition or ordinance approvedthrough the system of initiative and referendum as herein provided shall not berepealed, modified or amended by the Sanggunian concerned within six (6)months from the date of the approval thereof, and may be amended, modifiedor repealed by the Sanggunian within three (3) years thereafter by a vote ofthree-fourths (3/4) of all its members: Provided, That in case of Barangays, theperiod shall be eighteen (18) months after the approval thereof.

SECTION 126. Local Referendum Defined. - LOCAL REFERENDUM is the legal processwhereby the registered voters of the local government units may approve,amend or reject any ordinance enacted by the Sanggunian. The locareferendum shall be held under the control and direction of the Comelec within sixty(60) days in case of provinces and cities, forty-five (45) days in case of municipalitiesand thirty (30) days in case of Barangays. The Comelec shall certify and proclaim the

results of the said referendum.SECTION 127. Authority of Courts. - Nothing in this Chapter shall prevent or preclude the

proper courts from declaring null and void any proposition approved pursuant to thisChapter for violation of the Constitution or want of capacity of the Sanggunianconcerned to enact the said measure.

Initiative and Referendum: DistinctionSubic Bay Metropolitan Authority v. Comelec, 262 SCRA 492 (1996):In enacting the Initiative and Referendum Act, Congress differentiated one term from theother, thus:

Initiative Referendum

-Power of the people to proposeamendments to the Constitution or topropose and enact legislations through anelection called for the purpose-Indirect initiative: exercise of initiative bythe people through a proposition sent toCongress or the local legislative body foraction

-power of the electorate to approve orreject a legislation through an electioncalled for the purpose.

-3 systems of initiative: -2 classes:

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1. Initiative on the Constitution: petitionproposing amendments to the Constitution2. Initiative on Statutes: petition proposingto enact a national legislation3. Initiative on local legislation: petitionproposing to enact aregional/provincial/city/municipal/barangaylaw, resolution or ordinance

1. Referendum on statutes: petition toapprove or reject an act/law, or partthereof, passed by Congress2. Referendum on local law: petition toapprove or reject alaw/resolution/ordinance enacted byregional assemblies and local legislativebodies

-resorted to by the people directly eitherbecause the lawmaking body fails orrefuses to enact thelaw/ordinance/resolution/act that theydesire or because they want to amend ormodify one already existing.

-the lawmaking body submits to theregistered voters of its territorial jurisdiction, for approval or rejection, anyordinance or resolution which is dulyenacted or approved by such lawmakingauthority

VI. PEOPLE AND STRUCTURES IN THE LOCAL GOVERNMENT – THURSDAY – March 12

1. ELECTIVE OFFICIALS

Notes:Age requirement: “on election day” everytime Ninoy declares to run, he was underagebut the election day (the day when the votes are cast), he is qualified

Chapter 1 – Qualifications and ElectionSections 39 – 43

Section 39 – QualificationsSECTION 39. 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 thecase of a member of the Sangguniang Panlalawigan, Sangguniang Panlungsod, orSanggunian bayan, the district where he intends to be elected; a resident therein forat least one (1) year immediately preceding the day of the election; and able to readand 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 theSangguniang 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 ofage on election day.

(d) Candidates for the position of member of the Sangguniang Panlungsod orSangguniang 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 SangguniangBarangay 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 agebut not more than twenty-one (21) years of age on election day.

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Abella v. Comelec, supra-difference between place of work vs. place of domicile: domicile (where the personultimately wants to reside, intent to return) vs. place of work; residence = domicile

Co v. Electoral Tribunal of the House, 199 SCRA 692 (1991)*natural born citizens: irrelevant in LG elections*election law vs. citizenship – mostly involving Chinese-Filipinos – pattern has been more

liberal until recently with Justice Ong of Sandiganbayan: more strict interpretation of Citizenship

Dumpit-Michelena v. Boado, 475 SCRA 290 (2005)

Section 40 – DisqualificationsSECTION 40. Disqualifications. - The following persons are disqualified from running for

any elective local position:(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) 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 thisCode; and

(g) The insane or feeble-minded.*on DUAL CITIZENSHIP (d): does not matter anymore with the Dual Citizenship law(intent: does not punish anyone who formerly lost Filipino Citizenship but reacquired it)

*if unconditionally pardoned: can run locally – as one recovers political rights

Grego v. Comelec, 274 SCRA 481 (1997)* upheld election as councilor: decided on basis of statutory construction: cannot applylaws retroactively…is it a lifetime ban for local office the fact that you have been administratively removedyou are disqualified? It seems so under Section 40 (b). – understood to be removal FOR CAUSE

BRY SJ: seems unfair that one cannot run for being removed through an administrativecase but those sentenced by final judgment for criminal conviction can run again if pardoned unconditionally…

Marge: under B, the lawmakers may have thought that these persons were already giventhe opportunity to work for the government but did not perform well.

Moreno v. Comelec, 10 August 2006

Mercado v. Manzano, 307 630 (1999)

Rodriguez v. Comelec, 259 SCRA 296 (1996)

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-is Rodriguez a fugitive from justice? NO. Those who are fugitives are those who fleefrom the territory, knowing there is a case against him. In this case, Rodriguez returnedto the Philippines before a case was filed against him.

Marquez v. Comelec, 239 SCRA 11 (1995)

Section 41 – Manner of ElectionSECTION 41. Manner of Election. - (a) The governor, vice-governor, city Mayor, city vice-

mayor, municipal Mayor, municipal vice-mayor, and Punong Barangay shall be electedat large in their respective units by the qualified voters therein. However, theSangguniang kabataan chairman for each Barangay shall be elected by the registeredvoters 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 bylaw. Sangguniang Barangay members shall be elected at large. The presidentsof the leagues of Sanggunian members of component cities and municipalitiesshall serve as ex officio members of the Sangguniang Panlalawigan concerned The presidents of the liga ng mga Barangay and the pederasyon ng mgaSangguniang kabataan elected by their respective chapters, as provided in this

Code, shall serve as ex officio members of the Sangguniang PanlalawiganSangguniang 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: theurban poor, indigenous cultural communities, disabled persons, or any othersector 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 bylaw. The Comelec shall promulgate the rules and regulations to effectivelyprovide for the election of such sectoral representatives.

Guia v. Comelec, 208 SCRA 421 (1992)

SECTION 42. Date of Election. - Unless otherwise provided by law, the elections for locaofficials shall be held every three (3) years on the second Monday of May.

Section 43 – Term of OfficeSECTION 43. 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 ofelective Barangay officials: Provided, That all local officials first elected during thelocal elections immediately following the ratification of the 1987 Constitution shalserve 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 fullterm for which the elective official concerned was elected.

(c) The term of office of Barangay officials and members of the Sangguniang kabataanshall be for three (3) years, which shall begin after the regular election ofBarangay officials on the second Monday of May 1994.

*in practice, can run again after 3 consecutive terms after lapse of 1 year*policy wise, it’s a term limits are bad ideas:Reason: family dynasties discouraged, long-term totalitarian rule… BUT OPPOSITEHAPPENS!

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…if people wants their local government officials, let the official govern them…long term planning difficult with term limits*if Vice mayor becomes a mayor when mayor dies, is that considered a term?

Borja v. Comelec, 295 SCRA 157 (1998)-term: those which the person runs for*Sa president and VP, if VP continues the term for more than 2 years, then he cannot runfor President. 4 years and above considered a full term.

Ong v. Alegre, 479 SCRA 481 (2006)Osmeňa v. Comelec, 199 SCRA 750 (1991)Dimaporo v. Mitra, 202 SCRA 779 (1991)

Chapter 2 – Vacancies and SuccessionSections 44 – 47

Section 44 – Permanent Vacancies . . .SECTION 44. Permanent Vacancies in the Offices of the Governor, Vice-Governor,

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 thegovernor 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, incase of his permanent inability, the second highest ranking Sanggunian member, shalbecome the governor, vice-governor, Mayor or vice-mayor, as the case may beSubsequent vacancies in the said office shall be filled automatically by the otherSanggunian 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, thesecond highest ranking Sanggunian member, shall become the PunongBarangay.

(c) A tie between or among the highest ranking Sanggunian members shall beresolved 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 anelective local official fills a higher vacant office, refuses to assume office, fails toqualify, dies, is removed from office, voluntarily resigns, or is otherwisepermanently incapacitated to discharge the functions of his office.

For purposes of succession as provided in this Chapter, ranking in the Sanggunian shall bedetermined on the basis of the proportion of votes obtained by each winning candidate tothe total number of registered voters in each district in the immediately preceding localelection.

Menzon v. Petilla, 197 SCRA 251 (1991)-vice gov occupied the position of the governor so there was no vice gov. Since the vicegovernor cannot exercise the powers of the vice governor at the same time (as he wasthe governor), there was a vacancy as there was no person lawfully authorized toassume the position. The Secretary of the DILG should appoint the vice gov*now, in case of vacancies in the Sanggunian, Section 45 provides for the rules

Governors of the Philippines v. Pimentel, G.R. No. 73823

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Section 45 – Permanent Vacancies in the Sanggunian

SECTION 45. 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 highlyurbanized cities and independent component cities;

(2) The governor, in the case of the Sangguniang Panlungsod of componentcities and the Sangguniang bayan;

(3) The city or municipal Mayor, in the case of Sangguniang Barangay, uponrecommendation of the Sangguniang Barangay concerned.

(b) Except for the Sangguniang Barangay, only the nominee of the political partyunder which the Sanggunian member concerned had been elected and whoseelevation to the position next higher in rank created the last vacancy in theSanggunian shall be appointed in the manner hereinabove provided. Theappointee shall come from the same political party as that of the Sanggunianmember who caused the vacancy and shall serve the unexpired term of thevacant office. In the appointment herein mentioned, a nomination and acertificate of membership of the appointee from the highest official of thepolitical party concerned are conditions sine qua non, and any appointmentwithout such nomination and certification shall be null and void ab initio andshall be a ground for administrative action against the official responsibletherefor.

(c) In case the permanent vacancy is caused by a Sanggunian member who does notbelong to any political party, the local chief executive shall, uponrecommendation of the Sanggunian concerned, appoint a qualified person to fillthe vacancy.

(d) In case of vacancy in the representation of the youth and the Barangay in theSanggunian, said vacancy shall be filled automatically by the official next in rankof the organization concerned.

Fariňas v. Barba, 256 SCRA 396 (1996)

SECTION 46. Temporary Vacancy in the Office of the Local Chief Executive. - (a)When the governor, city or municipal Mayor, or Punong Barangay is temporarilyincapacitated to perform his duties for physical or legal reasons such as, but notlimited to, leave of absence, travel abroad, and suspension from office, the vice-governor, city or municipal vice-mayor, or the highest ranking Sangguniang Barangaymember shall automatically exercise the powers and perform the duties and functionsof the local chief executive concerned, except the power to appoint, suspend, ordismiss 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 thathe has reported back to office. In cases where the temporary incapacity is dueto legal causes, the local chief executive concerned shall also submit necessarydocuments showing that said legal causes no longer exist.

(c) When the incumbent local chief executive is traveling within the country butoutside his territorial jurisdiction for a period not exceeding three (3)consecutive days, he may designate in writing the officer-in-charge of the saidoffice. Such authorization shall specify the powers and functions that the loca

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official concerned shall exercise in the absence of the local chief executiveexcept the power to appoint, suspend, or dismiss employees.

(d) In the event, however, that the local chief executive concerned fails or refuses toissue such authorization, the vice-governor, the city or municipal vice-mayor, orthe highest ranking Sangguniang Barangay member, as the case may be, shalhave the right to assume the powers, duties, and functions of the said office onthe fourth (4th) day of absence of the said local chief executive, subject to thelimitations provided in subsection (c) hereof.

(e) Except as provided above, the local chief executive shall in no case authorize anylocal official to assume the powers, duties, and functions of the office, otherthan the vice-governor, the city or municipal vice- Mayor, or the highest rankingSangguniang Barangay member, as the case may be.

SECTION 47. Approval of Leaves of Absence. - (a) Leaves of absence of local electiveofficials shall be approved as follows:

(1) Leaves of absence of the governor and the Mayor of a highly urbanized cityor an independent component city shall be approved by the President orhis duly authorized representative;

(2) Leaves of absence of a vice-governor or a city or municipal vice-mayor shallbe approved by the local chief executive concerned: Provided, That theleaves of absence of the members of the Sanggunian and its employeesshall be approved by the vice-governor or city or municipal vice- mayorconcerned;

(3) Leaves of absence of the component city or municipal Mayor shall beapproved by the governor; and

(4) Leaves of absence of a Punong Barangay shall be approved by the city ormunicipal mayor: Provided, That leaves of absence of SangguniangBarangay members shall be approved by the Punong Barangay.

(b) Whenever the application for leave of absence hereinabove specified is not acted uponwithin five (5) working days after receipt thereof, the application for leave of absence shallbe deemed approved.

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Transcript of Sections 469...