Alcornocales

Disqualifications Manner of Election Date of Election Term of Office Rules of Succession Compensation Recall Resignation Grievance Procedure Discipline

Cases on Offenses (Agra Notes) Cases on Procedure (Agra Notes) Complaints

Preventive Suspension Penalty (Agra Notes) Administrative Appeal Execution Pending Appeal

Jurisdiction of Sandiganbayan (Agra Notes) Effect of Re-election

1. Qualifications (RA 7160, Section 39)

1. Citizen of the Philippines;

2. Registered Voter in the barangay, municipality, city or province, or in the case of a member of the sangguniang panlalawigan, panlungsod or bayan, the district where he intends to be elected; 3. A resident therein for at least 1 year

immediately preceding the election’ 4. Able to read and write Filipino or any other

local language or dialect;

5. On the election day, must be at least 23 years of age [for governor, vice-governor, member of the sangguniang panlalawigan, mayor, vice mayor, or member of the ssangguniang panlungsd of highly urbanized cities]; 21 years of age [for mayor or vice mayor of independent component cities, component cities, or munciplaities]; 18 years of age [for member of the sangguniang panlungsod or sagguniang bayan, or punong

barangay or member of the sangguniang barangay], or at least 15 but not more than 21 years of age [candidates for the sangguniang kabataan]

i. The LGC does not specify any particular date when the candidate must posses Filipino citizenship. Philippine citizenship is required to ensure that no alien shall govern our people. An official begins to govern only upon his proclamation and on the day that his term begins. Since Frivaldo took his oath of allegiance the day that his term begins. Since Frivaldo took his oath of allegiance on June 30, 1995, when his application for repatriation was granted by the Sepcial Committee on Naturalization created under PD 825, he was therefore qualified to be proclaimed. Besides, Section 30 of the LGC speaks of qualifications of elective officials, not of candidates. Furthermore, repatriation retroacts to the date of the filing of his application on August 17, 1994. (Frivaldo v. COMELEC, 257 SCRA 727)

ii.

In Altajeros v. COMELEC, 2004, the petitioner took his oath of allegiance on December 17, 1997, but his Certificate of Repatriation was registered with the Civil Registry of Makati City only after 6 years, or on February 18, 2004, and with the Bureau of Immigration on March 1, 2004, thus completing the requirements for repatriation only after he filed his certificate of candidacy, but before the election. On the issue of whether he was qualified to run for Mayor of San Jacinto, Masabate, the Court applied the ruling in Frivaldo, that repatriation retroacts to the date of filing of the application for repatriation. Petitioner was, therefore, qualified to run for Mayor.

iii. Petitioner who was over 21 years of age on the day of the election was ordered disqualified by the SC when the latter rejected the contention of the petitioner that she was qualified because she was less than 22 years old. The phrase “not more than 21 years old” is not equivalent to “less than 22 years old.” (Garvida v. Sales, 271 SCRA 767) 2. Disqualifications (RA 7160, Section 40)

The following are disqualified from running for any elective local position:

1. Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one year or more of imprisonment, within two years after serving sentence;

2. Those removed from office as a result of an administrative case;

3. Those convicted by final judgment for violating the oath of allegiance to the Republic.

4.

Those with dual citizenship137_;

5. Fugitives from justice in criminal or non- political cases here or abroad;

6. 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 the Code; 7. The insane or feeble-minded.

i. Violation of the Anti-Fencing Law involves moral turpitude, and the only legal effect of probation is to suspend the implementation of the sentence. Thus, the disqualification still subsists. (De la Torre v. COMELEC, 258 SCRA 483) Likewise, violation of BP 22 is a crime involving moral turpitude, because the accused knows at the time of the issuance of the check that he does not have sufficient funds in , or credit with, the drawee bank for payment of the check in full upon presentment. (Villaber v. COMELEC, 2001)

ii.

Article 73 of the Rules Implementing RA 7160, to the extent that it confines the term “fugitive from justice” to refer only to a person “who has been convicted by final judgment” is an inordinate an undue circumscription of the law. The term includes not only those who flee after conviction to avoid punishment, but likewise those who, after being charged, flee to avoid prosecution”.

In Rodriguez v. COMELEC, 259 SCRA 296, it was held that Rodriuez cannot be considered a “fugitive from justice”, because his arrival in the Philippines form the US preceded by at least five months the filing of the felony complaint in the Los Angeles Court and the issuance of the warrant for his arrest by the same foreign court.

iii. Section 40, RA 7160, cannot apply retroactively. Thus, an elective local official who was removed from office as a result of an administrative case prior to January 1, 1992 (date of LGC’s effectivity) is not disqualified form running for elective local office (Grego v. COMELEC

In Reyes v. COMELEC, 254 SCRA 514, the SC ruled that the petitioner, a Municipal Mayor who had been ordered removed from office by the Sanggunian Panlalawigan, was disqualified, even as he alleged that the decision was not yet final because he had not yet received a copy of the decision. It was shown, however, that he merely refuse to accept delivery of the copy of the decision.

iv.

In Mercado v. Manzano, 307 SCRA 630,

the SC clarified the “dual citizenship” disqualification, and reconciled the same with Section 5, Article IV of the COnsitution on “dual allegiance”. Recognizing situation in which a Filipino

citizen may, without performing any act and as an involuntary consequence of the conflicting laws of different countries, be also a citizen of another State, the Court explained that “dual citizenship”, as a disqualification, must refer to citizens with “dual allegiance”. Consequently, persons with mere dual citizenship do not fall under the disqualification.

3. Manner of Election (RA 7160, Section 41)

1.

The governor, vice-governor, city or

municipal mayor, city or municipal vice- mayor and punong barangay shall be

elected at large in their respective units.

The sangguniang kabataan chairman shall be elected by the registered voters of the katipunan ng kabataan.

2.

The regular members of the sangguniang panlalawigan, panlungsod and bayan shall be elected by district as may be provided by law. The presidents of the leagues of sanggunian members of component cities and municipalities shall serve as ex officio members of the sanffuniang panlalawigan concerned. The presidents of the liga ng mga barangay and the pederasyon ng mga sangguniang kabataan elected by their respective chapters, shall serve ex officio members of the sangguniang panlalawigan, panlungsod or bayan.

Article X, Section 9. Legislative bodies of local

governments shall have sectoral representation as may be prescribed by law.

3. In addition, there shall be one sectoral representative from the women, one from the workers, and one from any of the following sectors: urban poor, indigenous cultural communities, disabled persons, or any other sector as may be determined by sanggunian concerned within 90 days prior to the holding of the next local elections as may be provided by law. The Comelec shall promulgate the rules and regulations to effectively provide for the election of such sectoral representatives.

4. Date of Election

Every three years on the second Monday of May, unless otherwise provided by law.

5. Term of Office

Three years, starting from noon of June 30, 1992, or such date as may be provided by law, except that of elective barangay officials. No local elective official shall serve for more than three consecutive terms in the same position. The term of office of barangay officials and members of the sangguniang kabataan shall be for five (5) years, which shall begin after the regular election of

barangay officials on the second Monday of May, 1997. (RA 8524)

Article X, Section 8. The term of office of elective local

officials, except barangay officials, which shall be determined by law, shall be three years and no such official shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

In document INDICE 1. ANTECEDENTES DE LA GESTIÓN DEL MONTE NORMATIVA APLICABLE EVOLUCIÓN DEL ESTADO LEGAL ORDENACIÓN Y EVOLUCIÓN DE (página 64-67)