A m u s i n
g l y
S C A r y
THE C2005 LOCAL GOVERNMENT REVIEWER
- 126 -Sec39: 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 the case of a member of the sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan, the district where he intends to be elected; a resident therein for at least one (1) year immediately preceding the day of the election; and able to read and 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 the sangguniang panlungsod of highly urbanized cities must be at least twenty-one (21) years of age on election day.
(c) Candidates for the position of mayor or vice-mayor of independent component cities, component cities, or municipalities must be at least twenty-one (21) years of age on election day.
(d) Candidates for the position of member of the sangguniang panlungsod or sangguniang 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 sangguniang barangay 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 age but not more than twenty-one (21) years of age on election day.
Sec40: 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 non-political 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 this Code; and
(g) The insane or feeble-minded.
Sec41: Manner of Election. —
(a) The governor, vice-governor, city mayor, city vice-mayor, municipal mayor, municipal vice-mayor, and punong barangay shall be elected at large in their respective units by the qualified voters therein. However, the sangguniang kabataan chairman for each barangay shall be elected by the registered voters 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 by law. Sangguniang barangay members shall be elected at large. The presidents of the leagues of sanggunian members of component
cities and municipalities shall serve as ex officio members of the sangguniang panlalawigan concerned. The presidents of the "liga ng mga barangay and the pederasyon ng mga sangguniang kabataan" elected by their respective chapters, as provided in this Code, shall serve as ex officio members of the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan. (Has been amended by RA8553) (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: the urban poor, indigenous cultural communities, disabled persons, or any other sector 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 by law. The COMELEC shall promulgate the rules and regulations to effectively provide for the election of such sectoral representatives.
Sec42: Date of Election. — Unless otherwise provided by law, the
elections for local officials shall be held every three (3) years on the second Monday of May.
Sec43: 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 of elective barangay officials: Provided, That all local officials first elected during the local elections immediately following the ratification of the 1987 Constitution shall serve 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 full term for which the elective official concerned was elected. (c) The term of office of barangay officials and members of
the sangguniang kabataan shall be for three (3) years, which shall begin after the regular election of barangay officials on the second Monday of May 1994.
Me mbe rs of the Sa ng gu ni an
RA7160 – Local Government Code Sec41: Manner of Election. —
(a) The governor, vice-governor, city mayor, city vice-mayor, municipal mayor, municipal vice-mayor, and punong barangay shall be elected at large in their respective units by the qualified voters therein. However, the sangguniang kabataan chairman for each barangay shall be elected by the registered voters 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 by law. Sangguniang barangay members shall be elected at large. The presidents of the leagues of sanggunian members of component cities and municipalities shall serve as ex officio members of the sangguniang panlalawigan concerned. The presidents of the "liga ng mga barangay and the pederasyon ng mga sangguniang kabataan" elected by their respective chapters, as
A m u s i n
g l y
S C A r y
THE C2005 LOCAL GOVERNMENT REVIEWER
- 127 -provided in this Code, shall serve as ex officio members of the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan. (Has been amended by RA8553)
(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: the urban poor, indigenous cultural communities, disabled persons, or any other sector 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 by law. The COMELEC shall promulgate the rules and regulations to effectively provide for the election of such sectoral representatives.
RA6636 (1987) - An Act Resetting The Local Elections From November 9, 1987 To January 18, 1988, Amending For This Purpose Executive Order Numbered Two Hundred And Seventy (EO270)
Sec1: Section 1 of Executive Order No. 270 is hereby amended to
read as follows:
"Sec. 1. Election of local official. — There shall be elections for provincial governors, provincial vice-governor, city and municipal mayors, city and municipal vice-mayors, and members of each Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang Bayan, including all members of the city or municipal boards or councils in the Metropolitan Manila area to be held on Monday, January 18, 1988. Certificates of candidacy for the aforesaid local elective positions shall be filed not later than sixty (60) days prior to the said elections.
All local officials, whether elected, acting or officers-in-charge, shall be deemed automatically resigned from their positions effective upon the filing of their certificates of candidacy for any local position which shall not be later than forty-five (45) days prior to the said elections. If the governor or the city or municipal mayor or the officer-in-charge of that office is a candidate, and unless the Secretary of Local Government designates another person, the following local officials shall act as officer-in-charge of the position vacated in a concurrent capacity in the order hereinbelow provided:
"a) Chief, Senior and Local Government Officers for provinces, cities and municipalities, respectively;
"b) Provincial/City/Municipal Administrator; "c) Provincial/City/Municipal Health Officer.
"In case of vacancies in the Sangguniang Panlalawigan, Sangguniang Panlungsod, or Sangguniang Bayan on account of the candidacies of their members, the Secretary of Local Government shall designate acting members from qualified voters in the province, city or municipality to fill such vacancies."
Sec2: Metro Manila Area. — For purposes of the Local Elections
on January 18, 1988, the City of Manila, Quezon City and the City of Caloocan shall have six (6) councilors for each of their representative districts who shall be residents thereof to be elected by the qualified voters therein. The City of Pasay and the Municipalities of Makati, Parañaque, Pasig, Marikina, and Valenzuela, each of which comprises a representative district,
shall have twelve (12) councilors each to be elected at large by the qualified voters of the said city or municipality. All the other municipalities within the Metropolitan Manila area shall have ten (10) councilors each, with the exception of the Municipality of Pateros which shall have eight (8) councilors, to be elected at large by their respective qualified voters.
Sec3: Other Cities. — The provision of any law to the contrary
notwithstanding the City of Cebu, City of Davao, and any other city with more than one representative district shall have eight (8) councilors for each district who shall be residents thereof to be elected by the qualified voters therein, provided that the cities of Cagayan de Oro, Zamboanga, Bacolod, Iloilo and other cities comprising a representative district shall have twelve (12) councilors each and all other cities shall have ten (10) councilors each to be elected at large by the qualified voters of the said cities: Provided, That in no case shall the present number of councilors according to their charters be reduced.
Sec4: Provinces and Municipalities. — First and second class
provinces shall each have ten (10) elective members; third and fourth class provinces, eight; and fifth and sixth class provinces, six to be elected at large by the qualified voters therein. All other municipalities shall have the same number of elective members as provided in existing laws.
November 6, 1987.
RA7166 – An Act Providing For Synchronized National And Local Elections And For Electoral Reforms, Authorizing Appropriations Therefor, And For Other Purposes
Sec3: Election of Members of the Sangguniang Panlalawigan, Sanggunian Panlungsod and Sangguniang Bayan. — The
elective members of the Sangguniang Panlalawigan, Sangguniang Panlungsod and Sangguniang Bayan shall be elected as follows:
(a) For provinces with two (2) or more legislative districts, the elective members of the Sangguniang Panlalawigan shall be elected by legislative districts. For this purpose, the number of seats shall be apportioned equitably: Provided, That, if equal division is not possible, the remaining member or members shall be elected in the district or districts with the greater number of population or, if they be the same, with the greater number of voters: Provided further, That, if a legislative district includes a city that does not vote in the election of provincial officials, the Commission on Elections, hereinafter referred to as the Commission, shall allocate the number of seats among the districts in proportion to the population of the constituencies voting for the Sangguniang Panlalawigan;
(b) For provinces with only one (1) legislative district, the Commission shall divide them into two (2) districts for purposes of electing the members of the Sangguniang Panlalawigan, as nearly as practicable according to the number of inhabitants, each district comprising a compact, contiguous and adjacent territory, and the number of seats of elective members of their respective sanggunian shall be equitably apportioned between
A m u s i n
g l y
S C A r y
THE C2005 LOCAL GOVERNMENT REVIEWER
- 128 -the districts in accordance with the immediately preceding paragraph;
(c) The number and election of elective members of the Sangguniang Panlungsod and Sangguniang Bayan in the Metro Manila Area, City of Cebu, City of Davao and any other city with two (2) or more legislative districts shall continue to be governed by the provisions of Sections 2 and 3 of Republic Act No. 6636: Provided, That, the Municipalities of Malabon, Navotas, San Juan, Mandaluyong, Muntinlupa, Las Piñas and Taguig shall have twelve (12) councilors, and Pateros, ten (10): Provided, further, That, the Commission shall divide each of the municipalities in Metro Manila Area into two (2) districts by barangay for purposes of representation in the Sangguniang Bayan as nearly as practicable according to the number of inhabitants, each comprising a compact, contiguous and adjacent territory; and
(d) For purposes of the regular elections on May 11, 1992, elective members of the Sangguniang Panlungsod and Sangguniang Bayan shall be elected a large in accordance with existing laws. However, beginning with the regular elections in 1995, they shall be elected by district.
The Commission shall promulgate rules and regulations to effective provide for the election of sectoral representatives in the implementation of the Local Government Code.
Approved: November 26, 1991
RA7887 – An Act Instituting Electoral Reforms For The Purpose Of Amending Section 3, Paragraphs (C) And (D) Of RA7166
Sec1: Section 3, paragraphs (c) and (d) of Republic Act No. 7166,
is hereby amended to read as follows:
"(c) The number and election of elective members of the sangguniang panlungsod and sangguniang bayan in the Metro Manila area, City of Cebu, City of Davao and any other city with two (2) or more legislative districts shall be elected by districts and in accordance with the provisions of Sections 2 and 3 of Republic Act No. 6636: Provided, That, all cities with one (1) legislative district and all municipalities in the Metro Manila area shall have twelve (12) councilors each: Provided, further, That, the Commission shall divide all cities with one legislative district and each of the municipalities in Metro Manila area into two (2) districts by barangay for purposes of representation in the sangguniang bayan as nearly as practicable according to the number of inhabitants, each district comprising a compact, contiguous and adjacent territory; and
"(d) For purposes of the regular elections on May 11, 1992 and all general elections thereafter, the regular elective members of the sangguniang panlungsod and sangguniang bayan, shall be elected at large in accordance with existing laws.
"The Commission shall promulgate rules and regulations to effectively implement the provisions of law which may hereafter be enacted providing for the election of sectoral representatives."
Approve: February 20, 1995
RA8553 – An Act Amending Section 41(B) Of RA7160, Otherwise Known As The Local Government Code Of 1991 Sec1: Section 41(b) of Republic Act No. 7160, otherwise known as
the Local Government Code of 1991, is hereby amended to read as follows:
"(b) The regular members of the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan shall be elected by district as follows:
"First and second-class provinces shall have ten (10) regular members; third and fourth-class provinces, eight (8); and fifth and sixth-class provinces, six (6): Provided, That in provinces having more than five (5) legislative districts, each district shall have two (2) sangguniang panlalawigan members, without prejudice to the provisions of Section 2 of Republic Act No. 6637. Sangguniang barangay members shall be elected at large. The presidents of the leagues of sanggunian members of component cities and municipalities shall serve as ex officio members of the sangguniang panlalawigan concerned. The presidents of the liga ng mga barangay and the pederasyon ng mga sangguniang kabataan elected by their respective chapters, as provided in this Code, shall serve as ex officio members of the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan."
Sec2: Upon the petition of the provincial board, the election for any
additional regular member to the sangguniang panlalawigan as provided for under this Act, shall be held not earlier than six (6) months after the May 11, 1998 national and local elections. Approved: February 25, 1998
Herrera vs. COMELEC (1999) FACTS:
• Sangguniang Panlalawigan of Guimaras passed Resolution No. 68 requesting COMELEC to bring about the division of the Province into two provincial districts, in view of the addition of 2 new municipalities, San Lorenzo & Sibunag.
• Disagreement ensued on how the districts therein should be divided for purpose of electing members of the Sangguniang Panlalawigan: according to number of inhabitants, or according to number of registered voters
APPLICABLE LAWS:
§4 RA6636 : allotment of elective members to provinces &
municipalities must be made on the basis of its classification as a province or municipality. Thus, a 4th class province like Guimaras,
shall have 8 elective members.
§3(b) RA 7166: For provinces with only 1 legislative district, the
COMELEC shall divide them into 2 districts for purposes of electing the members of the Sangguniang Panglalawigan. Apportionment shall be done in the ff manner:
A m u s i n
g l y
S C A r y
THE C2005 LOCAL GOVERNMENT REVIEWER
- 129 -2)
accdng to the number of inhabitants3) each district comprising a compact, contiguous & adjacent territory
4) number of seats of elective members equitably apportioned between the districts
Issue: On what basis shall apportionment of districts shall be
made?
Held: Under RA 7166 & COMELEC Res. No. 2313 Rule: the
basis for division into districts is the number of inhabitants of the
province
( not the number of listed or registered voters as theorized by the petitioners)
Petition dismissed.
Qua lifica tion s
RA9164 (2002) – An Act Providing For Synchronized Barangay And Sangguniang Kabataan Elections, Amending RA7160, As Amended, Otherwise Known As The "Local Government Code Of 1991", And For Other Purposes
Sec6: Section 424 of Republic Act No. 7160, otherwise known as
the Local Government Code of 1991, is hereby amended to read as follows:
"Sec424. Katipunan ng Kabataan. — The katipunan ng kabataan shall be composed of Filipino citizens actually residing in the barangay for at least six (6) months, who are fifteen (15) but less than eighteen (18) years of age on the day of the election, and who are duly registered in the list of the sangguniang kabataan or in the official barangay list in the custody of the barangay secretary." aCHcIE
Sec7: Section 428 of Republic Act No. 7160, otherwise known as
the Local Government Code of 1991, is hereby amended to read as follows:
"Sec428. Qualifications. — An elective official of the sangguniang kabataan must be a Filipino citizen, a qualified voter of the katipunan ng kabataan, a resident of the barangay for at least one (1) year immediately prior to election, at least fifteen (15) years but less than eighteen (18) years of age on the day of the election, able to read and write Filipino, English, or the local dialect, and must not have been convicted of any crime involving moral turpitude."
Salcedo II vs. COMELEC (1999)