tyrone's part for polirev

8/19/2019 Tyrone's Part for Polirev

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Grounds for disciplinary action: An elective local official may be disciplined, suspended

or removed from office on any of the following grounds.

a. Disloyalty to the Republic of the Philippinesb. Culpable violation of the Constitution

c. Dishonesty and misconduct in office, gross negligence or dereliction of dutyd. Commission of any offense involving moral turpitude or an offense punishable

by at least prision mayor e. Abuse of authorityf. nauthori!ed absences for "# consecutive wor$ing days e%cept in the case of

members of the sangguniang panglalawigan, panglungsod, bayand barangayg. Application for, or ac&uisition of, foreign citi!enship or residence or the status

of an immigrant of another countryh. 'uch other grounds as may be provided by this code

Complaints: A verified complaint against

a. Provincial, highly urbani!ed city or independent component city elective

official, shall be filed before the (ffice of the Presidentb. )lective municipal officials, shall be filed before the sangguniang

panlalawigan, whose decision may be appealed to the (ffice of the President.c. )lective barangay officials, shall be filed before the sangguniang panlungsod

or sangguniang bayan concerned, whose decision shall be final and

e%ecutory.

Preventive suspension may be imposed by the President, the governor, or the mayor

*as the case may be+ at any time after the issues are oined, when the evidence of guilt

is strong, and given the gravity of the offense, there is great probability that the

continuance in office of the respondent could influence the witnesses or pose a threat to

the safety and integrity of the records and other evidence- provided that any single

preventive suspension shall not e%tend beyond / days, and in the event several

administrative cases are filed against the respondent, he cannot be suspended for more

than 0/ days within a single year on the same ground or grounds e%isting and $nown at

the time of the first suspension.

Penalty: 1he penalty of suspension imposed upon the respondent shall not e%ceed his

une%pired term, or a period of months for every administrative offense, nor shall said

penalty be a bar to the candidacy of the respondent as long as he meets the

&ualifications re&uired for the office.


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Administrative Appeal: Decisions may, within 2/ days from receipt thereof, be appealed

to:

a. 1he sangguniang panlalawigan, in the case of decisions of component cities3sangguniang panlungsod and the sangguniang bayanb. 1he (ffice of the President, in the case of decisions of the sangguniang

panlalawigan and the sangguniang panlungsod of highly urbani!ed cities and

independent component cities. Decisions of the (ffice of the President shall

be final and e%ecutory.

)%ecution pending appeal:

An appeal shall not prevent a decision from being e%ecuted- the respondent shallbe considered as having been placed under preventive suspension during the pendency

of the appeal. 4ut in 4erces v. )%ecutive 'ecretary, 56" 'CRA #20, the 'upreme Court

pointed out that Administrative (rder 7o. "8 authori!es the (ffice of the President to

stay the e%ecution of a decision pending appeal. Administrative (rder 7o. "8 was not

repealed by the 9ocal Government Code.

)ffect of reelection:

1he reelection of a local official bars the continuation of the administrative case

against him, inasmuch as the reelection of the official is tantamount to condonation by

the people of whatever past misdeeds he may have committed

Appointive of local officials:

Responsibility for human resources and development

1he local chief e%ecutive shall be responsible for human resources and

development in his unit and shall ta$e all personnel actions in accordance with the

Constitution, pertinent laws, including such policies, guidelines and standards as the

Civil 'ervice Commission may establish- Provided that the local chief e%ecutive may

employ emergency or casual employees or laborers paid on a daily wage or piecewor$

basis and hired through ob orders for local proects authori!ed by the sanggunian

concerned, without need of approval or attestation by the Civil 'ervice Commission, as

long as the said employment shall not e%ceed months.


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Administrative discipline

;nvestigation and adudication of administrative complaints against appointive

local officials and employees as well as their suspension and removal shall be in

accordance with the civil service law and rules and other pertinent laws.

a< Preventive suspension.1he local chief e%ecutive may preventively suspend for a period not e%ceeding

/ days any subordinate official or employee under his authority pending

investigation if the charge against such official or employee involves dishonesty,

oppression or grave misconduct or neglect in the performance of duty, or if there is

reason to believe that the respondent is guilty of the charges which would warrant

his removal from the service

Disciplinary urisdiction

)%cept as otherwise provided by law, the local chief e%ecutive may impose the

penalty of removal from service, demotion in ran$, suspension for not more than " year

without pay, fine in an amount not e%ceeding months3 salary, or reprimand. ;f the

penalty imposed is suspension without pay for not more than 2/ days, his decision shall

be final- if the penalty imposed is heavier, the decision shall be appealable to the Civil

'ervice Commission which shall decide the appeal within 2/ days from receipt thereof.

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