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  • 8/9/2019 Review Notes on Municipal Corporations

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    MUNICIPAL CORPORATIONS (LOCAL GOVERNMENT UNITS)

    A. PUBLIC CORPORATIONS

    Q: What is the coce!t o" P#$%ic Co&!o&atios'

    A: A public corporation is one created by the state either by general or special

    act for purposes of administrative of local government or rendering service in

    the public interest.

    It is one formed or organized for the government of portion of a state; it is

    created by the state as its own agency for the accomplishment of parts of its

    own public works. (Elliot !unicipal "orporation page #$

    Q: o a&e !#$%ic co&!o&atios *isti+#ishe* "&o, !&i-ate

    co&!o&atios'

    A: #. %ublic corporations are established for purposes connected with the

    administration of civil or local governments; while private corporations are

    created for private aim gain or bene&ts of its members.

    '. %ublic corporations are creations of the state either by general or special

    act; while private corporations are created by the will of the incorporators

    with the recognizance of the state.

    . %ublic corporations are involuntary conse)uence of the legislation; while

    private corporations constitute a voluntary agreement by and among its

    members.

    Q: o is a !#$%ic co&!o&atio *isti+#ishe* "&o, a +o-e&,etoe*

    o& cot&o%%e* co&!o&atio (GOCC)'

    A: *nlike a public corporation a +,"" is created as agencies of the state for

    narrow and limited purpose. +,""s are created in order to render public

    service or supply public want while public corporations are created for

    purposes of administration of civil or local governments.

    Q: What a&e the c%assi/catios o" !#$%ic co&!o&atios'

    A: -here are two classi&cations:

    a. uasi/public corporations 0 which are created as agencies of the state for

    narrow and limited purposes without the powers and liabilities of self/

    governing corporations. -hey render public service or supply public wants.

    b. !unicipal "orporations 0 it is a body politic and corporate constituted by the

    incorporation of the inhabitants for purposes of local government thereof; it is

    established by law partly as an agency of the state to assist in the civil

    government of the country but chie1y to regulate and administer the local or

    internal a2airs of the city town or district which is incorporated. (3illon

    !unicipal "orporations 4olume ' pp. 56/57$

    B. MUNICIPAL CORPORATIONS

    Q: What is the *e/itio o" %oca% +o-e&,et'

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    A: 8ocal government refers to a political subdivision of a nation or state which is

    constituted by law and has substantial control of local a2airs. (*% 8aw "enter

    "onstitution 9evision %roect %art II p. #'$

    Q: What a&e the e%e,ets o" a ,#ici!a% co&!o&atio'

    A: #. A%e+a% c&eatio or incorporation;

    '. A co&!o&ate a,e by which the arti&cial personality or legal entity is

    known and in which all corporate acts are done;

    . Iha$itats constituting the population who are invested with the political

    and corporate power which are e. A !%ace o& te&&ito&0 within which the local government and corporate

    functions are e

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    A: 3evolution means the act by which the Fational government confers power

    and authority upon the various local government units to perform speci&c

    functions and responsibilities. (?ec. # (e$ 8ocal +overnment "ode$

    Q: What a&e &e%e-at Costit#tioa% !&o-isios ith &e+a&*s to Loca%

    Go-e&,et Uits'

    A: ?ection '5 Article II states that -he ?tate shall ensure the autonomy of local

    governments.B -he whole Article @ of the #76 "onstitution is entirely about

    8ocal +overnment.

    Q: What is the *istictio o" !oe& o" cot&o% "&o, s#!e&-isio o-e&

    LGUs' Who e2e&cises the,'

    A: "ongress retains control of the local government units although in

    signi&cantly reduced degree now under our previous "onstitution. -he power

    to create still includes the power to destroy. -he power to grant still includes

    the power to withhold or recall. -he national legislature ("ongress$ is still the

    principal of local government units which cannot defy its will or modify or

    violate it. ,urs is still a unitary form of government not a federal state. Ceing

    so any form of autonomy granted to local governments will necessarily be

    limited and con&ned within the e

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    A: A local government unit may be created divided merged abolished or its

    boundaries substantially altered either by law created by "ongress in the

    case of a province city or municipality or any other political subdivision or

    by an ordinance passed by the sangguniang panlalawigan or sangguniang

    panlungsod concerned in the case of a barangay located within its territorial

    subdivision subect to limitations and re)uirements prescribed by law. (?ec. 9A #D$

    In other words "ongress has the power to create or abolish a province city

    municipality or any other political subdivision. -he sangguniang panlalawigan

    (province$ or sangguniang panlungsod (city$ has the power to create and

    abolish barangays located within its territorial urisdiction; the sangguniang

    panlalawigan in case the barangay is located in a municipality (e.g. Albuera$

    and the sangguniang panlungsod concered in case the barangay is located in

    a component city (e.g. Caybay "ity$ independent component city (e.g. ,rmoc

    "ity$ or a Highly *rbanized "ity (e.g. -acloban "ity$.

    Q: What a&e the &e9#isites "o& c&eatio o& co-e&sio o" a LGU'

    A: 3. Ico,e 0 must be su=cient based on acceptable standards to provide

    for all essential government facilities and services and special functions

    commensurate with the size of its population as e

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    %rovince : 'DDD s)uare kilometres

    "ompliance with the foregoing indicators (income population and land area$

    shall be attested to by the 3epartment of Linance Fational ?tatistics ,=ce

    and 8ands !anagement Cureau of the 3EF9.

    Q: What a&e the co*itios "o& the *i-isio o& ,e&+e& o" %oca%

    +o-e&,et #its'

    A: #. -hey shall comply with the same re)uirements like income population and

    land area. (?ection 9A #D$;

    '. -he division shall not reduce the income population and land area of local

    government unit or units concerned to less than the minimum re)uirements

    of the "ode;

    . -he income classi&cation of the original local government units or units

    shall not fall below its current income classi&cation prior to such division.

    (?ec. 6 9A #D$

    Q: o is a LGU a$o%ishe*'

    A: An 8+* may be abolished when its income population or land area has been

    irreversibly reduced to less than the minimum standards prescribed for its

    creation as certi&ed by the national agencies mentioned. -he law or

    ordinance abolishing a local government unit shall specify the province city

    municipality or barangay with which the 8+* sought to be abolished will be

    incorporated or merged.

    Q: Is !%e$iscite a i*is!esa$%e &e9#i&e,et "o& the c&eatio8 *i-isio8

    ,e&+e&8 a$o%itio o& s#$statia% a%te&atio o" LGU $o#*a&ies'

    A: Kes. %lebiscite 9e)uirement 0 Fo creation division merger abolition or

    substantial alteration of boundaries of 8+*s shall take e2ect unless approved

    by a maority of the votes cast in a plebiscite called for the purpose in the

    political unit or units directly a2ect. ?aid plebiscite shall be conducted by the

    ",!E8E" within #'D days from the date of e2ectivity of the law or ordinance

    e2ecting such action unless said law or ordinance &

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    Q: What is the Gee&a% We%"a&e C%a#se' What is its $asis'

    A: ?ection # of 9A #D is the so/called general welfare clauseB which

    empowers local government units to enact and implement measures for the

    general well/being of their inhabitants. Its basis is the police power of the

    ?tate as delegated to local government units.

    4erily the powers of a local government unit are not absolute. -hey are

    subect to limitations laid down by the "onstitution and the laws such as our

    "ivil "ode. !oreover the e

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    Q: A o&*iace as !asse* !&ohi$iti+ $a&$e&sho!s "&o, o!e&ati+

    ,assa+e $#siess i aothe& &oo,. Is the o&*iace -a%i*' Wh0'

    A: -he ordinance is valid because it is intended for the protection of the morals

    of the people. (4elasco vs 4illegas #'D ?"9A 56$

    Q: What a&e othe& cases i-o%-i+ the !o%ice !oe& o" a %oca%

    +o-e&,et #it'

    A: A local government unit may in the e$

    In -anovs ?ocrates +9 Fo. ##7'7> August '# #77 the ?upreme "ourt

    upheld as legitimate e

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    A: under the following circumstances the local government unit may take

    possession of the property immediately:

    #. -he e

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    A: #. -a

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    Q: A&e the&e a0 othe& %i,itatios i case o" !e&,aet c%os#&e o" &oa*s'

    A: Kes. In case of permanent closure ade)uate provision for the maintenance of public safety must be made; and the property may be used or conveyed for

    any purpose for which other real property may be lawfully used or conveyedbut no freedom park shall be closed permanently without provision for itstransfer or relocation to a new site.

    Q: Ma0 a &oa* $e c%ose* itho#t a o&*iace'

    A: Kes but only in cases of temporary closure during an actual emergency&esta celebrations public rallies etc.

    Q: What a&e so,e %a*,a&< cases i the o!ei+ o& c%os#&e o" &oa*s $0the LGU'

    A: %ilapilvs "A '# ?"9A : a municipality has the authority to prepare andadopt a land use map promulgate a zoning ordinance and close anymunicipal road.

    "abrera vs "A #75 ?"9A #>: ,ne whose property is not located on theclosed section of the street ordered closed by the %rovincial Coard of "atanduanes has no right to compensation for the closure if he still hasreasonable access to the general system of streets.

    Lavis vs "ity of Caguio '7 ?"9A >5: the city council has the authority todetermine whether or not a certain street is still necessary for public use.

    "ruz vs "A #5 ?"9A #>': the city mayor of !anila cannot by himselfwithdraw %adre 9ada as a public market. -he establishment and maintenanceof public markets is among the legislative powers of the city of !anila hencethe need for oint action by the ?anggunian and the mayor.

    Q: Who e2e&cises the %e+is%ati-e !oe& o" the LGU'

    A: 8ocal legislative power shall be e6 9A #D$

    Q: Who sha%% !&esi*e o-e& the %oca% %e+is%ati-e $o*ies'

    A: -he vice governor shall be the presiding o=cer of the sangguniangpanlalawigan; the city vice mayor of the sangguniang panlungsod; themunicipal vice mayor of the sangguniang bayan; and the punong barangayof the sangguniang barangay. -he presiding o=cer shall vote only to break atie. (?ection >7 (a$ 9A #D$

    Q: What a&e the !&o*#cts o" %e+is%ati-e actios o" a %oca% Sa++#ia'

    A: ,rdinance 0 which prescribes a permanent rule of conduct.

    9esolution 0 which is of temporary character or e

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    5. !ust not be unreasonable; and. !ust be general in application and consistent with public policy.

    Q: Is !#$%icatio a &e9#i&e,et "o& a o&*iace'

    A: Kes. -he gist of all the ordinances with penal sanctions shall be published in anewspaper of general circulation within the province where the locallegislative body concerned belongs. In the absence of a newspaper of generalcirculation within the province posting of such ordinances shall be made inall municipalities and cities of the province where the sanggunian of origin issituated.

    In the case of H*"s and I""s the main feature of the ordinance or resolutionduly enacted shall in addition to being posted in conspicuous places bepublished once in a local newspaper of general circulation within the city; if there is no such newspaper within the city then publication shall be made inany newspaper of general circulation.

    Q: What is %oca% iitiati-e'

    A: It is the legal process whereby the registered voters of a local governmentunit may directly propose enact or amend any ordinance. It may bee7'$

    Q: Who a&e the *ie&et %oca% chie" e2ec#ti-es'

    A: -he punong barangay shall be the chief e>> 9A #D$

     -he city mayor shall be the chief e5 9A #D$

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    Q: >e/e the *#a% !e&soa%it0 o" a LGU'

    A: ?ection #5 of 9A #D de&nes a local government and embodies the dualpersonality of a local government unit as a subdivision or agency of thegovernment and as a corporate entity representing the inhabitants of itsterritory.

    !unicipal corporations perform dual functions one governmental andanother corporate. In the e.-o ac)uire and convey real or personal property;5. -o enter into contracts; and. -o e ?"9A'5$

     -he municipality cannot be represented by a private attorney. ,nly provincial&scals or the municipal attorney can represent a province or municipality inlawsuits. -his is mandatory. -he municipalityGs authority to employ a privatelawyer is limited to situations where the provincial &scal is dis)uali&ed torepresent it and the fact of dis)uali&cation must appear on record. -he&scalGs refusal to represent the municipality is not a legal usti&cation foremploying the services of a private counsel the municipality should re)uestthe ?ecretary of ustice to appoint an acting provincial &scal in place of theone who declined to handle the case in court. (!unicipality of %ililia 9izal vs"A ' ?"9A >6>$

    Q: Ca a LGU ac9#i&e o& co-e0 &ea% o& !e&soa% !&o!e&ties' I" so8hat a&e the esta$%ishe* ?#&is!*ece'

    A: Kes. -he local government unit may ac)uire real or personal tangible orintangible properties in any manner allowed by law e.g. sale donation etc.

     -he local government unit may alienate only patrimonial property uponproper authority ("ity of Faga vs "A #767$. In the absence of proof that theproperty was ac)uired through corporate or private funds the presumption isthat it came from the ?tate upon the creation of the municipality and thus isgovernmental or public property (?alas vsarencio >6 ?"9A >; 9ebucovs4illegas 55 ?"9A 5$.

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     -own plazas are properties of public domain; they may be occupiedtemporarily but only for the duration of an emergency (Espirituvs%angasinan #D' %hil. 6$.

    Q: Sice LGUs ca ete& ito cot&acts8 hat a&e the &e9#isites o" a-a%i* ,#ici!a% cot&act'

    A: #. -he local government unit has the e

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    !arket the "ity of !anila (because of !ayor CagatsingGs admission that the"ity still has control and supervision$ is solidarily liable for inuries sustainedby an individual who stepped on a rusted nail while the market was 1ooded.

    +uilatcovs "ity of 3agupan ## ?"9A 6': liability of the "ity for inuries dueto defective road attaches even if the road does not belong the local

    government unit as long as the "ity e

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    from becoming &nal. -here is thus no decision &nding him guilty to speak of.He is not dis)uali&ed.

    Q: What is ,o&a% t#&!it#*e'

    A: In Dela Torre v. COMELEC !oral turpitude implies something immoral initself regardless of the fact that it is punishable by law or not. It must not bemerely mala prohibita but the act itself must be inherently immoral. -hedoing of the act itself and not the prohibition by statute &

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    count in determining the /term limit rule. -he second part states thatvoluntary renunciation of o=ce for any length of time does not interrupt thecontinuity of service. -he clear intent is that involuntary severance fromo=ce for any length of time interrupts continuity of service and prevents theservice before and after the interruption from being oined together to form acontinuous service or consecutive terms.

    After the consecutive terms an elective local o=cial cannot seekimmediate re/election for a fourth term. -he prohibited election refers to thene

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    proceedings and in the recall elections of !ay 'DDD private respondent wonand served the une

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    total of #6 consecutive years. -his is the very scenario sought to be avoidedby the "onstitution if not abhorred by it.

    )  Aldovino Jr. v. COMELEC. -he preventive suspension is not aterm/interrupting event as the elective o=cerGs continued stay entitlement tothe o=ce remain una2ected during the period of suspension although he is

    barred from e

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    #$ -he %resident through the e

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    concerned that he has reported back to o=ce . In cases where the temporaryincapacity is due to legal causes the local chief e

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    &a

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    A: lnitiation of the recall process Q?ec.D 9.A. #DR is done by the registeredvoters of the local government unit.

     Cy virtue of 9.>.7'>> ?ec.s. D and # of the 8ocal +overnment "ode wereamended and the %reparatory 9ecall Assembly has been eliminated as a

    mode of initiating recall of elective local government o=cials.

     P&oce*#&e "o& iitiati+ &eca%%. 9ecall of a provincial city municipal orbarangay o=cial shall be initiated upon petition by at least '5M of the totalnumber of registered voters in the local government unit concerned duringthe election in which the local o=cial sought to be recalled was elected.

    a)  A written petition for recall duly signed before the election registrar or hisrepresentative and in the presence of a representative of the petitioner andrepresentative of the o=cial sought to be recalled and in a public place inthe province city municipality or barangay as the case may be shall be&led with the "omelec through its o=ce in the local government unit

    concerned. -he ",!E8E" or its duly authorized representative shall causethe publication of the petition in a public and conspicuous place for a periodof not less than #D days or more than 'D days for the purpose of verifyingthe authenticity and genuineness of the petition and the re)uired percentageof voters.

     ln Angobung v. Comelec, G.R. No. 126571, March 5, 1997,the Supreme Courtuner!core the nee "or a pet#t#on !#gne b$ at lea!t 25% o" the totalnumber o" reg#!tere voter! #n the con!t#tuenc$ #n orer to val#l$ #n#t#ate arecall elect#on. &hu!, 'here the pet#t#on #! !#gne onl$ b$ the pet#t#oner anoe! not even bear the name! o" the c#t#(en! 'ho have allegel$ lo!tcon)ence #n the publ#c o*c#al, then the pet#t#on !houl be #!m#!!e.

    $)  *pon the lapse of the aforesaid period the "omelec or its duly authorizedrepresentative shall announce the acceptance of candidates to the positionand thereafter prepare the list of candidates which shall include the name ofthe o=cial sought to be recalled.

    Election on 9ecall. *pon the &ling of a valid petition for recall with the appropriatelocal o=ce of the "omelec the "ommission or its duly authorizedrepresentative shall set the date for the election on recall which shall not belater than D days after the &ling of the resolution or petition in the case ofthe barangay city or municipal o=cials and >5 days in the case of provincialo=cials. -he o=cial or o=cials sought to be recalled shall automatically beconsidered as duly registered candidate or candidates to the pertinentpositions and like other candidates shall be entitled to be voted upon(?ec.# 9.A.#D$

    E2ectivity of 9ecall. -he recall of an elective local o=cial shall be e2ective onlyupon the election and proclamation of a successor in the person of thecandidate receiving the highest number of votes cast during the election onrecall. ?hould the o=cial sought to be recalled receive the highest number ofvotes con&dence in him is thereby a=rmed and he shall continue in o=ce(?ec.' 9.A. Fo. #D#$

    %rohibition from resignation. -he elective local o=cial sought to be recalled shall notbe allowed to resign while the recall process is in progress.

    :  A&e the&e %i,itatios o Reca%% E%ectio'

    A: 8imitations on 9ecall (sec. > 9.A. #D$

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    a$ Any elective local o=cial may be the subect of a recall election only onceduring his term of o=ce for loss of con&dence.

    b$ Fo recall shall take place within one year from the date of the o=cialSsassumption to o=ce or one year immediately preceding a regular local

    election.

     ln +ara! v. Comelec, G.R. No. 12169, November -, 1996 #t 'a! hel that theSanggun#ang abataan /S0 elect#on #! not a regular elect#on '#th#n thecontemplat#on o" the ocal Govemment Coe a! 'oul bar the hol#ng o" arecall elect#on. Ne#ther '#ll the recall elect#on o" the Ma$or be barre b$ thebaranga$ elect#on!. ln Angobung v. Comelec, !upra., t 'a! hel that the3regular local elect#on3 re"erre to #n Sec. 7-, ocal Government Coe, mean!that the approach#ng local elect#on mu!t be one 'here the po!#t#on o" theo*c#al to be recalle #! actuall$ conte!te an to be )lle b$ the electorate.

    Q: Jo& !#&!oses o" &eca%%8 hat *oes the te&, &e+#%a& %oca% e%ectio&e"e& to'

    A: In +aras v. COMELEC the term regular election in sec.>(b$ of the 8+"refers to one where the position of the local o=cial is to be actually contestedand &lled by the electorate. -he one year time bar will not apply where thelocal o=cial sought to be recalled is a mayor and the approaching election isa barangay election. ,n the same line a recall election involving a punongbarangay could be held one year or less immediately preceding a?angguniang Pabataan election.

    E. >isci!%ie o" Loca% Ocia%s

    : State the +&o#*s "o& the *isci!%ie8 s#s!esio o& &e,o-a% "&o,oce o" a0 %oca% e%ecti-e ocia%.

    A: An elective local o=cial may be disciplined suspended or removed fromo=ce on any of the following grounds:

    a$ 3isloyalty to the 9epublic of the %hilippinesb$ "ulpable violation of the "onstitutionc$ 3ishonesty oppression misconduct in o=ce gross negligence or dereliction

    of duty;d$ "ommission of any o2ense involving moral turpitude or an o2ense punishable

    by at least prision mayor.e$ Abuse of authorityf$ *nauthorized absence for #5 consecutive working days e

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    h$ ?uch other grounds as may be provided in the 8ocal +overnment "ode andother laws.

    :  Whe&e sha%% a a*,iist&ati-e co,!%ait a+aist a %oca% ocia% $e/%e*'

    A: #$ A complaint against any elective o=cial of a province a highly urbanizedcity an independent component city or component city shall be &led beforethe ,=ce of the %resident

     '$ A complaint against any elective o=cial of a municipality shall be &led

    before the sangguniang panlalawigan whose decision shall be appealed tothe o=ce of the %resident;

    $ A complaint against any elective barangay o=cial shall be &led before thesangguniang panglungsod or sangguniang bayan concerned whose decisionshall be &nal and e

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    $ Cy the mayor if the respondent is an elective o=cial of the barangay.

    : Sec. 67 o" the Loca% Go-e&,et Co*e -ests the a#tho&it0 toi-esti+ate a*,iist&ati-e cha&+es o -a&io#s oces8 es!ecia%%0 theOce o" the P&esi*et i cases he&e the&e a&e co,!%aits a+aist

    e%ecti-e ocia%s o" !&o-ices a* hi+h%0 #&$ai1e* cities. The OSGCote*e* that *es!ite s#ch %a8 the co*e *i* ot ith*&a "&o,the O,$#*s,a the *isci!%ia&0 !oe& o-e& s#ch ocia%s co"e&&e*#!o it #*e& R.A. No. 6557. Is the cotetio co&&ect' Wh0'

    A: Kes. -here is nothing in the 8ocal +overnment "ode to indicate that it hasrepealed whether e

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    : What ha!!es a"te& the e2!i&atio o" the !&e-eti-e s#s!esio o" a%oca% e%ecti-e ocia%'

    A: -he suspended o=cial shall be deemed reinstated in o=ce without preudiceto the continuation of the proceedings against him which shall be terminatedwithin #'D days from the time he was formally noti&ed of the charge againsthim.

    : Ca the case a+aist the %oca% e%ecti-e ocia% $e te&,iate* $e0o*37 *a0s'

    A: Kes but if the delay is due to his fault neglect or re)uest other than theappeal duly &led the duration of such delay shall not be counted incomputing the time of termination of the case.

    : S#!!ose a ,a0o& as !&e-eti-e%0 s#s!e*e* $0 the Go-e&o&8 is heetit%e* to his sa%a&0 *#&i+ that !e&io*'

    A: Fo the law says that the o=cial preventively suspended from o=ce shallreceive no salary or compensation during such period. -he reason is that heis not performing his duties as a public servant.

    : S#!!ose the ,a0o& as e2oe&ate* a* &eistate*8 i%% he &ecei-ehis $ac< sa%a&ies'

    A: Kes because the law provides that upon subse)uent e

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    :  Ma0 a e%ecte* oce& sti%% $e he%* a*,iist&ati-e%0 %ia$%e "o& a actco,,itte* *#&i+ a !&io& te&, a"te& &ee%ectio' Wh0'

    A: Fo In %ascual vs. %rovincial Coard of Fueva Ecia #D %hil. > andAguinaldo vs. ?antos '#' ?"9A 6. It was said:

    ,2enses committed or acts done during previous terms are generally notto furnish cause for removal and this is especially true where the constitutionprovides that the penalty in proceedings for removal shall not e

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    suspension during the pendency of an appeal in the event he wins suchappeal. (?ec. 6 9.A. Fo. #D$.

    : Ma0 %oca% %e+is%ati-e $o*ies o& the oce o" the P&esi*et o a!!ea%-a%i*%0 i,!ose the !ea%t0 o" *is,issa% "&o, se&-ice o e&&i+e%ecti-e %oca% ocia%' Wh0'

    A: Fo. *nder the local +overnment "ode an elective local o=cial may beremoved from o=ce by order of the proper court.( ?ec D$. In the case of?alalina vs. +uingona it was said that the o=ce of the %resident is withoutauthorityJpower to remove elected o=cials since such power is e

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    or attestation by the civil service commission as long as the saidemployment shall not eoes Go-e&o& ha-e the a#tho&it0 to a!!oit a assistat !&o-icia%t&eas#&e&'

    A:  In 3imaandal v. "ommission on Audit '7 ?"9A '' it held that the%rovincial +overnor is without authority to designate the petitioner asassistant %rovincial -reasurer for Administration because under ?ec. ># ofthe 8ocal +overnment "ode it is the ?ecretary of Linance who has the powerto appoint Assistant -reasurers from a list of recommendees of the %rovincial+overnor.

    Q : What a&e the oces co,,o to a%% M#ici!a%ities8 Cities a*P&o-ices'

    A:  It is the imposition of additional duties usually by law on a person already inservice.

    a$ ?ecretary to the ?anggunianb$ -reasurerc$ Assessord$ Accountante$ Cudget o=cerf$ %lanning and 3evelopment "oordinatorg$ Engineerh$ Health ,=ceri$ "ivil 9egistrar

     $ Administratork$ 8egal ,=cerl$ Agriculturistm$ ?ocial Nelfare and 3evelopment ,=cern$ Environment and Fatural 9esources ,=cero$ Architectp$ Information ,=cer)$ "ooperative ,=cerr$ %opulation ,=cers$ 4eterinariant$ +eneral ?ervices ,=cer

    Q: >oes the Loca% Go-e&,et Co*e !&o-i*e "o& a ,a*ate* a!!oiti-eocia% i the $a&a+a0 %e-e%'

    A:   Kes In the barangay level the mandated appointive o=cials are theCarangay ?ecretary and Carangay -reasurer although other o=cials of thebarangay may be appointed by the punong barangay

    Q: What sho#%* $e the $asis o" i-esti+atio a* a*?#*icatio o"a*,iist&ati-e co,!%aits a+aist a!!oiti-e %oca% ocia%s a*e,!%o0ees'

    A: Investigation and adudication of administrative complaints againstappointive local o=cials as well as their suspension and removal shall be inaccordance with the civil service law rules and other pertinent laws.

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    Q: Who has the !oe& to !&e-eti-e%0 s#s!e* a e&&i+ ocia% a* ohat +&o#*s'

    A:  -he local "hief e##>7 uly 5 'DD'. -he "ity treasurer notthe city mayor e