PUBLIC CORPORATIONS / LOCAL GOVERNMENT CODE

LECTURE BY:
ATTY. NOMBRAAN PANGCOGA
DATE: 7/30/14

Section 39. 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.

Section 40. 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.

Q: Is there a limitation in the disqualification by final judgment?
A: Of course, it may be imposed within two years after serving the sentence,
pag lumampas na dun, din a applicable and disqualification.

Q: What does conviction by final judgment means?
A: That means the judgment becomes final and executory, that means a. the
period for perfecting the appeal has lapsed; b. the sentence is partially or
totally satisfied of served; c. the accused expressly waives in writing his
right to appeal; d. the accused applies for probation;
Q: Suppose A, was convicted by final judgment of crime involving moral
turpitude by the Trail Court, upon application he was granted
probation, is A disqualified to run from any elective local position?
A In the case of DELA TORRE VS COMELEC, the SC ruled that
Petitioners conviction of fencing which we have heretofore declared as a
crime of moral turpitude and thus falling squarely under the disqualification
found in Section 40 (a), subsists and remains totally unaffected
notwithstanding the grant of probation. In fact, a judgment of conviction in
a criminal case ipso facto attains finality when the accused applies for
probation, although it is not executory pending resolution of the application
for probation.
Q: Suppose A was convicted of final judgment for a crime of moral turpitude
but upon application he was granted probation, is A for any elective local
position upon complying with the conditions prescribed under the
constitution?
A: constitution kasi ito e. under section 20 C prescribed in the probation law, and
the probationer was finally discharged from the record the principal penalty of
imprisonment and the accessory penalty of conviction for public office and for
filling of his probation therefore the crime of special disqualification and to
exercise the right to suffrage and all his civil rights which were lost and suspended
as the result of his conviction will be restored.
Q: May an elected official be remove from office as a result of an
administrative case committed prior of his election or after?
A: Prior. The law is perspective not retroactive. Principle of condonation also
known as Aguinaldo Doctrine which states that a public official can not be
removed for administrative misconduct committed during a prior term, since his
re-election to office operates as a condonation of the officers previous misconduct
to the extent of cutting off the right to remove him therefor. The foregoing rule,
however, finds no application to criminal cases pending against petitioner for acts
he may have committed during the failed coup. ( AGUINALDO VS SANTOS)
* Dual citizenship is not a ground for disqualification, the one who is
disqualified is dual allegiance.
Fugitive from justice- a fugitive from justice includes not only those who flee
after conviction to avoid punishment but those who, after being charged, flee
to avoid prosecution.