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    This document outlines provisions related to prohibited business interests, the practice of professions, and appointment prohibitions for local officials. It also discusses qualifications and terms for elective local officials, grounds for discipline, and intergovernmental relations between local and national authorities. Local officials are prohibited from certain business transactions and interests to prevent conflicts. Their professions and appointments are also regulated to maintain separation from government duties. The document reviews relevant case law on these topics.

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    This document outlines provisions related to prohibited business interests, the practice of professions, and appointment prohibitions for local officials. It also discusses qualifications and terms for elective local officials, grounds for discipline, and intergovernmental relations between local and national authorities. Local officials are prohibited from certain business transactions and interests to prevent conflicts. Their professions and appointments are also regulated to maintain separation from government duties. The document reviews relevant case law on these topics.

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    This document outlines provisions related to prohibited business interests, the practice of professions, and appointment prohibitions for local officials. It also discusses qualifications and terms for elective local officials, grounds for discipline, and intergovernmental relations between local and national authorities. Local officials are prohibited from certain business transactions and interests to prevent conflicts. Their professions and appointments are also regulated to maintain separation from government duties. The document reviews relevant case law on these topics.

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    31 views4 pages

    PC

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    DANICA FLORES
    This document outlines provisions related to prohibited business interests, the practice of professions, and appointment prohibitions for local officials. It also discusses qualifications and terms for elective local officials, grounds for discipline, and intergovernmental relations between local and national authorities. Local officials are prohibited from certain business transactions and interests to prevent conflicts. Their professions and appointments are also regulated to maintain separation from government duties. The document reviews relevant case law on these topics.

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    IV.

    Local Officials

    A. Provisions applicable to Elective and Appointive Local Officials

    1. Prohibited Business and Pecuniary Interest

    SECTION 89. Prohibited Business and Pecuniary Interest. – (a) It shall be unlawful for any
    local government official or employee, directly or indirectly, to:

    (1) Engage in any business transaction with the local government unit in which he is an official
    or employee or over which he has the power of supervision, or with any of its authorized boards,
    officials, agents, or attorneys, whereby money is to be paid, or property or any other thing of
    value is to be transferred, directly or indirectly, out of the resources of the local government unit
    to such person or firm;

    (2) Hold such interests in any cockpit or other games licensed by a local government unit;

    (3) Purchase any real estate or other property forfeited in favor of such local government unit for
    unpaid taxes or assessment, or by virtue of a legal process at the instance of the said local
    government unit;

    (4) Be a surety for any person contracting or doing business with the local government unit for
    which a surety is required; and

    (5) Possess or use any public property of the local government unit for private purposes.

    (b) All other prohibitions governing the conduct of national public officers relating to prohibited
    business and pecuniary interest so provided for under Republic Act Numbered Sixty-seven
    thirteen (R.A. No. 6713) otherwise known as the “Code of Conduct and Ethical Standards for
    Public Officials and Employees” and other laws shall also be applicable to local government
    officials and employees.

    2. Practice of Profession

    SECTION 90. Practice of Profession. – (a) All governors, city and municipal mayors are
    prohibited from practicing their profession or engaging in any occupation other than the exercise
    of their functions as local chief executives.

    (b) Sanggunian members may practice their professions, engage in any occupation, or teach in
    schools except during session hours: Provided, that sanggunian members who are also
    members of the Bar shall not:

    (1) Appear as counsel before any court in any civil case wherein a local government unit or any
    office, agency, or instrumentality of the government is the adverse party;

    (2) Appear as counsel in any criminal case wherein an officer or employee of the national or
    local government is accused of an offense committed in relation to his office.
    (3) Collect any fee for their appearance in administrative proceedings involving the local
    government unit of which he is an official; and

    (4) Use property and personnel of the government except when the sanggunian member
    concerned is defending the interest of the government.

    (c) Doctors of medicine may practice their profession even during official hours of work only on
    occasions of emergency: Provided, That the officials concerned do not derive monetary
    compensation therefrom.

    Cases: Republic of the Philippines v. Rambuyong (G.R. No. 167810, 04 October


    2010)
    Catu v. Rellosa (A.C. No. 5738, 19 February 2008)

    3. Prohibition Against Appointment

    Case: Flores v. Drilon (G.R. No. 104732, 22 June 1993)


    B. Elective Local Officials

    1. Qualifications /Disqualifications
    Jalosjos v. Comelec (G.R. No. 193237/193536, 09 October 2012)
    Jalosjos v. Comelec (G.R. No. 205033, 18 June 2013)
    Aratea v. Comelec (G.R. No. 195229, 09 October 2012) Japzon v.
    Comelec (G.R. No. 180088, 19 January 2009) Sobejana-Condon
    v. Comelec (G.R. No. 198742, 10 August 2012) Corodora v.
    Comelec (G.R. No. 176947, 19 February 2008)

    2. Manner and Date of Election

    Kida v. Senate of the Philippines (supra)

    3. Term of Office

    Abundo v. Commission on Elections (G.R. No. 201716, 08 January 2013)


    Borja v. Comelec (G.R. No. 133495, 03 September 1998)
    Aldovino v. Comelec (G.R. No. 184836, 23 December 2009)
    Adormeo v. Comelec (G.R No. 147927, 04 February 2002)
    Socrates v. Comelec (G.R. No. 154512, 12 November 2002)
    Latasa v. Comelec (G.R. No. 154829, 10 December 2003)
    Ong v. Alegre (G.R. No. 163295, 23 January 2006)
    Mendoza v. Comelec (G.R. No. 149736, 17 December 2002)
    Rivera III v. Comelec (G.R. No. 167591, 09 May 2007) Dizon
    v. Comelec (G.R. No. 182088, 30 January 2009) Bolos, Jr.
    v. Comelec (G. R. No. 184082, 17 March 2009) Comelec v.
    Cruz (G.R. No. 186616, 20 November 2009)

    4. Rules on Succession
    Talaga v. Comelec (G.R. No.196804, 09 October 2012)
    Gamboa v. Aguirre (G.R. No. 134213, 20 July 1999)

    5. Recall
    6. Resignation
    7. Discipline
    (a) Grounds
    (b) Jurisdiction
    (c) Preventive suspension
    (d) Removal
    (e) Administrative appeal

    Disciplinary Actions
    A. Elective Local Officials (Secs. 60-68)
    Cases: Ganzon v. Court of Appeals (200 SCRA 271)
    Joson v. Torres (290 SCRA 279)
    Salalima v. Guingona (257 SCRA 55)
    Berces v. Executive Secretary (241 SCRA 539)
    Malinao v. Reyes (256 SCRA 616)
    Sanggunian Baranggay of Don Mariano Marcos v. Martinez (G.R. No.
    170626, March 03, 2008)
    Lingating v. COMELEC (G.R. No. 153478, November 13, 2002)

    B. Secs. 13, 21 and 24, R.A. 6770


    Cases: Hagad v. Gozo-Dadole ( G.R. No. 108072, December 12, 1995)
    Office of the Ombudsman v. Rodriguez (G.R. No. 172700, July 23, 2010)

    C. Sec. 13, R.A. 3019


    Case: Talaga, Jr. v. Sandiganbayan (G.R. No. 169888, November 11, 2008)

    D. Secs. 51 and 52, Subtitle A, Title I, Book V of Executive Order No. 292 or the
    Administrative Code of 1987

    (f) Doctrine of condonation

    Aguinaldo v. Santos (G.R. No. 94115,21 August 1992)


    Salumbines, Jr. v. Office of the Ombudsman (G.R. No. 180917, 23 April 2010)
    Ombudsman Carpio- Morales v. CA and Binay (G.R. Nos. 217126-27, 10 November
    2015)

    C. Appointive Local Officials


    1. Responsibility for Human Resources and Development
    2. Discipline (Secs. 84 – 88,LGC)

    Cases:
    De Rama v. CA (G.R. No. 131136, February 28, 2001)
    Plaza v. CA (G.R. No. 138464, January 18, 2008)

    Atienza v. Villarosa (G.R. No. 161081, 10 May 2005) People


    v. Sandiganbayan (G.R. No. 164185, 23 July 2008) Sales v.
    Carreon (G.R. No. 160791, 13 February 2007) Quirog v.
    Aumentado (G.R. No. 163443, 11 November 2008)
    Montuerto v. Ty (G.R. No. 177736, 06 October 2008)

    V. Intergovernmental Relations

    A. With the National Government and its agencies (read Sec. 11, Art. X, Constitution)

    Cases:
    MMDA v. Viron Transportation Co., Inc. (G.R. No. 170656, 15 August 2007)
    MMDA v. Garin (G.R. No. 130230, April 15, 2005)
    Province of Rizal v. Executive Secretary (G.R. No. 129546, 13 December 2005)

    B. With other LGUs

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