Professional Documents
Culture Documents
1
Ombudsman who may impose suspension longer Local Legislations
than the officials above due to lack of potential for
partisanship Ordinance Resolution
Permanent rule of A special and
Preventive suspension – prevent accused from hampering conduct temporary order
normal course of investigation with his influence and Has the force and Mere expression of the
authority effect of a law sentiment of the local
legislative body
Final and executory – decisions are immediately executory Takes effect after 3 May take effect after 2
despite pendency of an appeal readings readings
Exoneration or reinstatement – official will be paid full salary REQS of a valid ordinance: x coppu g
and emoluments which accrued during suspension 1) Must not contravene the Constitution
2) Must be fair, not oppressive
Aguinaldo Doctrine – applies the principle of condonation 3) Must not be partial or discriminatory
stating that a public official cannot be removed from office
4) Must not prohibit but may regulate trade
for an admin misconduct committed during a prior term,
5) Must not be unreasonable
since his reelection operates as the condonation of the
electorate 6) Must be general, consistent with pub policy
Aguinaldo v Santos, GR 94115, August 21, 1992 White Light Corp v City of Manila, GR 122846, January 20,
ABANDONED: Carpio-Morales v Binay, GR 217125, Nov 10, 2009
2015
Sec. 335, LGC – no public money shall be appropriated for
CHAPTER 18 private purposes
RECALL
Art. VI, Sec. 29, 1987 Constitution – no money shall be paid
Recall – or “amotion” is a mode of removal of a pub officer by out of the Treasury except in pursuance of an appropriation
the people before the end of his term of office by reason of made by law
loss of confidence
Sanggunian Presiding Officers
Loss of confidence – formal withdrawal by an electorate of Vice Gov for Sangguniang Panlalawigan and Vice
their trust in the person’s ability to discharge his office Mayor for Sangguniang Panlungsod or Bayan; Capt.
bestowed on him by the same electorate In Sangguniang Barangay
Vices serve as heads of local legislative to balance
Process: power with executive, the Gov and Mayor
1. Petition by at least 25% of the registered voters – hence, a Vice Gov acting as Gov cannot remain as
Sec. 70, LGC presiding officer of Prov Council
2. If petition is sufficient in form, COMELEC will inform
official and publish the petition in a newspaper of Congress Sanggunian
general circulation, once a week for three
Exercises contempt Cannot issue subpoena
consecutive weeks
power as a matter of nor punish non-
3. COMELEC will then set the schedule for recall
self-preservation members for contempt
election. Recalled official will be part of the roster.
Created by the Created by statute
4. Recall is effective upon the election of the successor,
constitution
the candidate receiving the highest vote during the
Contempt power is sui Sanggunian cannot
recall election
generis and is attached correctly claim to
not for legislative possess contempt
LIMITS of RECALL: Sec. 74, LGC
function per se but power for the same
May only be done once during an official’s term
because national reason that the
May not be recalled within a year after assumption
legislature is one the 3 national legislature
of office or a year immediately preceding a regular
main branches of govt does
local election