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LOCGOV - V - Intergovernmental Relations - Elective Officials, Planas v.…

- - - - Relations with PNP (Sec. 28)
        
        Intergovernment Relations – Sec. 29-33 -
        
        Province - Supervises CIties Municipalities
        
        City/Municipalities - SUpervises Barangays
        
        Relations with NGOs – Sec. 34 - Local government units shall promote the establishment and operation of people's and non-governmental organizations to become active partners in the pursuit of local autonomy.
        
        Provincial Relations with Component Cities and Municipalities. —
        
        GR - Province supervises Cities and Municipalities
        
        XCPN - HUCCs and Independent Component Cities
        
        The province, through the governor, shall ensure that every component city and municipality within its territorial jurisdiction acts within the scope of its prescribed powers and functions.
        
        Highly urbanized cities and independent component cities shall be independent of the province.
        
        SECTION 30. Review of Executive Orders. -
        
        GR -
        
        Governor - the governor shall review all executive orders promulgated by the component city or municipal mayor within his jurisdiction.
        
        Mayor - The city or municipal mayor shall review all executive orders promulgated by the punong barangay within his jurisdiction.
        
        XCPN - otherwise provided under the Constitution and special statutes,
        
        Notice - Copies of such orders shall be forwarded to the governor or the city or municipal mayor, as the case may be, within three (3) days from their issuance.
        
        Duty to Review - In all instances of review, the local chief executive concerned shall ensure that such executive orders are within the powers granted by law and in conformity with provincial, city, or municipal ordinances.
        
        SECTION 31. Submission of Municipal Questions to the Provincial Legal Officer or Prosecutor. —
        
        GR - Go to Municipal Legal OfficerIn the absence of a municipal legal officer,
        
        XCPN - In the absence of one, the municipal government may secure the opinion of the provincial legal officer, and in the absence of the latter, that of the provincial prosecutor on any legal question affecting the municipality.
        
        SECTION 32. City and Municipal Supervision over Their Respective Barangays. — The city or municipality, through the city or municipal mayor concerned, shall exercise general supervision over component barangays to ensure that said barangays act within the scope of their prescribed powers and functions.
        
        SECTION 33. Cooperative Undertakings Among Local Government Units. — Local government units may, through appropriate ordinances, group themselves, consolidate, or coordinate their efforts, services, and resources for purposes commonly beneficial to them. In support of such undertakings, the local government units involved may, upon approval by the sanggunian concerned after a public hearing conducted for the purpose, contribute funds, real estate, equipment, and other kinds of property and appoint or assign personnel under such terms and conditions as may be agreed upon by the participating local units through Memoranda of Agreement
        
        OTHER PROVISIONS APPLICABLE TO LGUs
        
        Settlement of Boundary Disputes (Sec. 118-119)
        
        Section 118. Jurisdictional Responsibility for Settlement of Boundary Dispute. - Boundary disputes between and among local government units shall, as much as possible, be settled amicably. To this end:
        
        Section 119. Appeal. - Within the time and manner prescribed by the Rules of Court, any party may elevate the decision of the sanggunian concerned to the proper Regional Trial Court having jurisdiction over the area in dispute. The Regional Trial Court shall decide the appeal within one (1) year from the filing thereof. Pending final resolution of the disputed area prior to the dispute shall be maintained and continued for all legal purposes.
        
        (e) In the event the sanggunian fails to effect an amicable settlement within sixty (60) days from the date the dispute was referred thereto, it shall issue a certification to that effect.
        
        Thereafter, the dispute shall be formally tried by the sanggunian concerned which shall decide the issue within sixty (60) days from the date of the certification referred to above.
        
        2 more items...
        
        Exclusive Jurisdiction (Mayamot v. City of Antipolo) - Under the LGC, RTC is without jurisdiction to settle a boundary dispute involving barangays in the same city or municipality. Instead, the said dispute shall be referred for settlement to the sangguniang panglungsod or sangguniang bayan concerned.
        
        Section 28, Local Government Code Powers of Local Chief Executives over the Units of the Philippine National Police. — The extent of operational supervision and control of local chief executives over the police force, ﬁre protection unit, and jail management personnel assigned in their respective jurisdictions shall be governed by the provisions of Republic Act Numbered Sixty-nine hundred seventy-ﬁve (R.A. No. 6975), otherwise known as “The Department of the Interior and Local Government Act of 1990”, and the rules and regulations issued pursuant thereto.
        
        RA 6975 Sec. 51
        A. Prov. Governor - Shall:
        
        Choose the provincial director from a list of three (3) eligible recommended by the PNP regional director
        
        As chairman of the provincial peace and order council, shall oversee the implementation of the provincial public safety plan,
        
        'operational supervision and control' - shall mean the power to direct, superintend, and oversee the day-to-day functions of police investigation of crime, crime prevention activities, and trafﬁc control in accordance with the rules and regulations promulgated by the Commission.
        
        shall also include the power to direct the employment and deployment of units or elements of the PNP, through the station commander, to ensure public safety and effective maintenance of peace and order within the locality. For this purpose, the terms 'employment' and 'deployment' shall mean as follows:
        
        'Employment' refers to the utilization of units or elements of the PNP for purposes of protection of lives and properties, enforcement of laws, maintenance of peace and order, prevention of crimes, arrest of criminal offenders and bringing the offenders to justice, and ensuring public safety, particularly in the suppression of disorders, riots, lawlessness, violence, rebellious and seditious conspiracy, insurgency, subversion or other related activities.
        
        'Deployment' shall mean the orderly and organized physical movement of elements or units of the PNP within the province, city or municipality for purposes of employment as herein deﬁned.
        
        B. Mayors
        
        Operational Supervision and Control - PNP units in their respective jurisdiction except during the thirty (30) day period immediately preceding and the thirty (30) days following any national, local and barangay elections. During the said period, the local police forces shall be under the supervision and control of the Commission on Elections.
        
        Integrated Community Safety Plans. – shall, in coordination with the local peace and order council of which he is the chairman develop and establish an integrated area/community public safety plan embracing priorities of action and program thrusts for implementation by the local PNP stations.
        
        sponsor periodic seminars for members of the PNP assigned or detailed in his city or municipality in order to update them regarding local ordinances and legislations.
        
        Administrative Disciplinary Powers - shall have the powers to impose, after due notice and summary hearings, disciplinary penalties for minor offenses committed by members of the PNP assigned to their respective jurisdictions,
        
        Other Powers -
        
        Authority to choose the chief of police from a list of ﬁve (5) eligibles recommended by the provincial police directora
        
        Authority to recommend to the provincial director the transfer, reassignment or detail of PNP members outside of their respective city or town residences;
        
        Authority to recommend from a list of eligibles previously screened by the peace and order council the appointment of new members of the PNP to be assigned to their respective cities or municipalities without which no such appointments shall be attested:
        
        Carpio v. Executive Secretary, - PNP not integrated with the armed forces, they do not come under the Commander-in-Chief powers of the President of the Philippines. There are two other powers of the President. The President has control over departments, bureaus and offices, and supervision over local governments. And it is precisely under these powers specifically of executive control of the President that the NAPOLCOM is placed.
        
        Sec 51 of RA 6975 shows that the (1) power to choose the PNP Provincial Director and the Chiefs of Police granted to the Governors and Mayors, respectively and (2) the power of "operational supervision and control" over police units in city and municipal mayors is not a derogation of the power of control of the NAPOLCOM over the PNP. In the exercise of such powers, the Local Govt executives are merely acting as representatives and deputies of the NAPOLCOM.
        
        Andaya v. RTC, Cebu City, Branch 20 - Mayor acts as deputy of NAPOLCOM, no power of appointment. instead, power to select one from among the list of five eligibles to be named the chief of police. The power to appoint is within the regional director, not the mayor.
        
        Mayor may not add additional nominee. This is because list is to avoid political domination, patronage politics.
        
        People v. Velarde y Bandojo, - Mayor exercises operational supervision and control over the PNP of municipality. Thus, cannot act as counsel for the accused. Inconsistent responsibilities. Conflict of interest. Thus, cannot be considered independent counsel.
        
        Rodriguez v. Court of Appeals, - NAPOLCOM Appellate Board > DILG secretary > Civil Service Commission > Court of Appeals
        
        not CA directly. NAPOLCOM collegial board, DILG dilg resolves alone. Thus, different process.
        
        Operational Supervision and Control - The power to direct, superintend, and oversee the day-to-day functions of police investigation of crime, crime prevention activities, and trafﬁc control in accordance with the rules and regulations promulgated by the Commission. [Sec 51(b)(1), RA 6975]
        
        Rationale - Give local chief executives control over the day-to-day functions of police work, as it would not be advisable to give full control due to the threat of past practices such as warlordism, bossism, and sanctuaries for vices and abuses. (Carpio v. Executive Secretary)
        
        Power to Appoint Local Chief - Mayor only has limited power to selecting one from among the list of eligibles recommended by the Police Regional Director to be named the Chief of Police. The Mayor cannot require the Regional Director to include the name of any ofﬁcer, no matter how qualiﬁed, in the list. The purpose is to enhance professionalism and to isolate the police from political domination.
        
        Transfer of Inmates - Provincial jails shall be supervised and controlled by the provincial government within its jurisdiction [Sec 61, RA 6975]
        
        Thus, the provincial government must fund the transfer of an inmate from its provincial jail to the national penitentiary (RP v. Ilagan)
        
        Appeals - Where a police ofﬁcer is dismissed by the PNP Director General and the dismissal is afﬁrmed by the NAPOLCOM National Appellate Board, the proper remedy is to appeal with the DILG Secretary.
        
        That the NAPOLCOM Chairman is also the DILG Secretary is of no moment, for under the aforecited laws and regulations, only the DILG Secretary can act on the appeal. (Rodriguez v. CA)
      - Sec. 26 - It shall be the duty of every national agency or government-owned or controlled corporation authorizing or involved in the planning and implementation of any project or program that:
        
        Those that may cause pollution
        
        May bring about climate change
        
        May cause the depletion of natural resources
        
        May result in loss of crop land, range-land, or forest cover
        
        May eradicate certain animal or plant species from the face of the planet
        
        Other projects or program that may call for eviction of a particular group of people residing in the locality where these will be implemented
        
        Sec. 27 - Prior Consultation Required. — No project or program shall be implemented by government authorities unless the consultations mentioned in Sections 2 (c) and 26 hereof are complied with, and prior approval of the sanggunian concerned is obtained: Provided, That occupants in areas where such projects are to be implemented shall not be evicted unless appropriate relocation sites have been provided, in accordance with the provisions of the Constitution.
        
        Lina, Jr. v. Paño - LGC Sec. 2(c) and Sec. 27 apply only to national programs and/or projects which are to be implemented in a particular local community. Thus, projects and programs mentioned in Section 27 should be interpreted to mean projects and programs whose effects are among those enumerated in Section 26 and 27
        
        Province of Rizal v. Executive Secretary - Illustrative case.
        
        Boracay Foundation, Inc. v. Province of Aklan - Requisites of approval and consultation mandatory.
        
        Conduct of Consultation - Must be public consultation, should be initiated early so that concerns of stakeholders could be taken into consideration in the EIA study. Paalam v. Paalam. must not be mere lip service, consultations were meant to empower the people, let them have a say to what will happen in the environment.
      - Consultation with Whom - LGUs, as well as non-governmental people’s organizations and other concerned sectors of the community [Sec 2(c), LGC]
        
        Rationale - meant to create smoother relations between the national and local governments concerned and also between the government and the people in general
        
        intent of the framers was to emphasize the legislative concern for the maintenance of a sound ecology and clean environment
        
        Dangat Comments - that consultation should apply to any project or program that is implemented in a local community, As Sec 27 refers to consultations in 2(c), which does not qualify. For any project or program.
        
        Requisites of Consultation - Both:
        
        Prior consultation with the affected local communities
        
        Prior approval of the project by the appropriate sanggunian
        
        Private Persons - The consultation requirement applies even in joint public and private endeavors.
        
        Failures of Compliance -
        
        There is a failure to comply with the consultation requirement if a project proponent conducts an information dissemination campaign months after an Environmental Compliance Certiﬁcate is issued in its favor. (Boracay Foundation v. Province of Aklan)
        
        The consultation requirement must be held with all the affected provinces. It was not satisﬁed when the approval of Surigao del Sur was obtained because it is not the only province affected by the area covered by the proposed Integrated Forestry Management Agreement; Agusan del Sur, Compostela Valley, and Davao Orienal were also affected.
        (Alvarez v. PICOP Resources Inc)
        
        The required consultation may overlap with the consultation prescribed under the Environmental Impact System under PD 1586, as both are intended to measure a project’s social acceptability and secure the community’s approval before the project can be implemented. (Braga v. Abaya)
        
        Special Economic Zones (Paje v. Casino) - Consultations and approval are not required in economic zones.the LGC and RA 7227
      - When Required - Consultations are required only in relation to national programs and/or projects which are to be implemented in a particular local government community (Lina v. Pano)
        
        Approval - Sir says should be ordinance.
        
        Consultation Requirement - Only for national project/program.
        
        Sir Comments - Should be those affecting life liberty property that requires consultation.
    - - Investigate - Supervision is an active power. It is certainly not without limitation, but it at least implies authority to inquire into facts and conditions in order to render the power real and effective (Aguinaldo v. Aquino III)
        
        Pass Upon Constitutionality - the act of a
        higher official to review the constitutionality or legality of an ordinance, and to revoke it on
        those grounds.
      - Exercise of Supervision -
        
        Directly - In provinces, highly urbanized cities, and independent component cities
        
        Through Provinces - for component cities and municipalities
        
        Through Cities and Municipalities - For barangays [Sec 25(a), LGC]
        
        National Supervision;Features -
        
        General supervision over LGUs
        
        Coordination with national agencies with project implementation functions
        
        Maintenance of ecological balance
        
        Consultations
- - - - Citizenship - Applies to elective officials, not candidates. Thus, must be citizen at the time the elective official is proclaimed or begins to govern. (Frivaldo v. COMELEC)
        
        Need not be citizen during the period campaigning.
        
        Re-Acquisition of Citizenship - For a natural-born citizen who reacquired or retained his Filipino citizenship under RA 9225 to run for public ofﬁce, he must:
        
        Meet the qualiﬁcations for holding such public ofﬁce as required by the Constitution and existing laws
        
        Make a personal and sworn renunciation of any and all foreign citizenships before any public ofﬁcer authorized to administer an oath (Japzon v. COMELEC)
      - Registered Voter - Introduction by the LGC. Previously, only qualified voter but now, registered voter.
      - Residency Requirement - Guidelines for determination
        
        Every person has a domicile somewhere
        
        Where once established, that domicile remains until he acquires a new one
        
        A person can have but one domicile at a time (Jalosjos v. COMELEC)
        
        Domicile of Origin - Acquired at birth , and continues until abandoned by the acquisition of a new domicile or, domicile of choice. (Coquilla v. COMELEC)
        
        Lost upon concurrence of 3 requisites -
        
        An actual removal or actual change in domicile
        
        A bona ﬁde intention of abandoning the former place of residence and establishing a new one
        
        Acts which correspond with the purpose (Jalosjos v. COMELEC)
        
        Actual Residency (Jalosjos) - To be an actual and physical resident of a locality, one must have a dwelling place where one resides no matter how modest and regardless of ownership
      - Age Requirement -
        
        21 on Election Day -
        
        Governor/Vice Governor
        
        Sanggunian member of highly urbanized cities
        
        Mayor/Vice Mayor
        
        18 on Election Day -
        
        Sangguniang Panlungsod/Bayan/Barangay
        
        Punong Barangay
        
        18-24 on Election Day - sangguniang kabataan must be at least fifteen (15) years of age but not more than twenty-one (21) years of age on election day.
      - Material misrepresentation - IF relating to any of the qualifications under Sec. 39, then material misrepresentation.
    - - Elected at Large - Need to differentiate because there can be voting by district.
        
        Need for District - Because there are certain provinces which are districted in order to account for representation, such as when indigenous peoples are in a particular place.
  - - - Term of Office (43) -
        
        3 Consecutive Terms in the Same Position
        
        Full Service
        
        LGC, Sec. 43
        
        Constitution, Art. X
        
        Republic Act No. 8524
        
        Republic Act No. 10923
        
        Vacancies and Succession – LGC, Sec. 44
        
        Permanent 44 - There is a vacancy when there is no person lawfully authorized to assume and exercise the duty of the ofﬁce. (Menzon v. Petilla)
        
        When Permanent - When a local elective official:"
        
        Fills a higher vacant ofﬁce;
        
        Refuses to assume ofﬁce;
        
        Fails to qualify;
        
        Dies;
        
        Is removed from ofﬁce;
        
        Voluntarily resigns; or
        
        Is otherwise permanently incapacitated from discharging the functions of his ofﬁce [Sec 44, par 2, LGC]
        
        De Facto Officers - Sec 44 LGC does not apply when a de facto ofﬁcer is ousted from ofﬁce and the de jure ofﬁcer takes over. The ouster of a de facto ofﬁcer cannot create a permanent vacancy. There is no vacancy to speak of as the rightful winner in the election has the legal right to assume ofﬁce. (Jalosjos v. COMELEC)
        
        Order of Succession -
        
        Governor - Vice-Governor
        
        Mayor - Vice-Mayor
        
        Vice Mayor/Governor - Highest Ranking Sanggunian Member
        
        Governor AND Vice/Mayor AND vice - Highest Ranking Sanggunian becomes chief, 2nd highest becomes vice, subsequent vacancies determined according to rank.
        
        Determination of Ranking - Ranking is determined on the basis of the proportion of votes obtained by each winning candidate to the total number of registered voters in each district in the immediately preceding local election.
        
        Sir - Similar to vacancy of President in the Constitution.
        
        Temporary 46 - Temporary vacancies may be caused by physical or legal reasons, such as leave of absence, travel abroad, and suspension from ofﬁce [Sec 46, LGC] but, enumeration is not excluisve.
        
        Vacancy in Vice-Governor/Mayor - There is no express rule when it comes to the temporary vacancy in the ofﬁce of vice-governor/vice-mayor. Jurisprudence has ﬁlled in the gaps.
        
        Rules on Permanent Vacancy Applies - Thus, DanGat believes that the highest ranking member of the Sanggunian should assume the position.
        
        Succession - The vice-governor, city or municipal vice-mayor, or the highest ranking sangguniang barangay member shall automatically exercise the powers and perform the duties and functions of the local chief executive concerned
        
        Limitation on Power to Appoint/suspend/Dismiss - However, he cannot exercise the power to appoint, suspend, or dismiss employees until the period of temporary incapacity exceeds thirty (30) working days.
        
        Removal of temporary Capacity - There must be a written declaration by the local chief executive that he has reported back to office
        
        If due to legal cause, must submit necessary documents showing that said legal causes no longer exist.
        
        Form of Written Declaration - In practice, given by mayor to the Sanggunian.
        
        Travel Appointee - (c) When the incumbent local chief executive is traveling within the country but outside his territorial jurisdiction for a period not exceeding three (3) consecutive days, he may designate in writing the officer-in-charge of the said office.
        
        Such authorization shall specify the powers and functions that the local official concerned shall exercise in the absence of the local chief executive except the power to appoint, suspend, or dismiss employees.
        
        1 more item...
        
        Effect of Tie - A tie between or among highest ranking shall be resolved by the drawing of lots.
        
        Term of Successors - Shall serve only unexpired terms of their predecessors.
        
        Customs - Drawing of lots determined by the customs of the place. Usually, Coin toss..
        
        General Rule - (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.
        
        XCPN - 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.
        
        Breach of Term Limit (Borja v. COMELEC) - Must have been elected, and must have been served 3 term limit for the specific position.
        
        Election - Elected for 3 consecutive terms in the same local government post,
        
        Full Service - Fully served three consecutive terms
        
        Thus, must be both elected, and elected to same position for same number of times
        
        Thus, in case of succeeding to position by operation of law, not counted as adding to term limit.
        
        Effect of Resigning (Lonzanida v. COMELEC -
        
        Voluntary - Considered as having served the full term.
        
        Involuntary - involuntary severance from office for any length of time short of the full term provided by law amounts to an interruption of continuity of service
        
        Substitution - Miranda v. Abaya main doctrine: Thus, a candidate who is disqualified under Section 68 can be validly substituted pursuant to Section 77 because he remains a candidate until disqualified;
        
        But a person whose CoC has been denied due course or cancelled under Section 78 cannot be substituted because he is not considered a candidate
        
        Recall Elections (Adormeo v. COMELEC) - Election through recall elections not considered as continuous service. Furthermore, period resets so long as there is interruption of continuity.
        
        Appropriate Remedy to raise Ineligibility (Aratea v COMELEC) -
        
        Proper remedy is a petition under OEC 78 (ineligibility) and not 68 (disqualification)
        
        Section 68 is explicit as to the proper grounds for disqualification: the commission of specific prohibited acts under the Omnibus Election Code and possession of a permanent residency or immigrant status in a foreign country.
        
        Any other false representation regarding a material fact should be filed under Section 78, specifically under the candidate's certification of his eligibility.
        
        Full Service (Abundo, Sr. v. COMELEC) - A "term," as defined in in a legal sense, "a fixed and definite period of time which the law describes that an officer may hold an office."
        
        It also means the "time during which the officer may claim to hold office as a matter of right, and fixes the interval after which the several incumbents shall succeed one another."
        
        It is the period of time during which a duly elected official has title to and can serve the functions of an elective office. From paragraph (a) of Sec. 43, RA 7160, the term for local elected officials is three (3) years starting from noon of June 30 of the first year of said term.
        
        Thus, if involuntarily interrupted, may run again.
        
        Term Limitations for Local Elective Officials - 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.
        
        Term for Barangay Officials and SK Members - for three (3) years, which shall begin after the regular election of barangay officials on the second Monday of May 1994.
        
        Constitutional Prohibition (David v. COMELEC) - Hard limit set by the constitution for 3 years for all barangay officials.
      - Manner of Election (41) -
        
        Direct Election - elected at large in their respective units by the qualified voters therein
        
        Indirect - elected by the registered voters of the katipunan ng kabataan/or by district.
        
        Ex Officio - Members of the sangguniang panlalawigan
        
        Barangay -
        
        Directly Elected - 1 barangay chair/captain, 7 regular sangguniang barangay members
        
        Indirectly Elected - Sangguniang Kabataan chair
        
        Municipality -
        
        Directly Elected - 1 mayor, 1 vice mayor, Regular Sangguniang Bayan members
        
        Indirectly Elected or Ex Officio -
        
        President of municipal liga ng mga barangay - Elected by representative chapters, ex officio of Sanggunian.
        
        President of the municipal SK federation -
        
        Sectoral Representatives (446) -
        
        Women's Sector
        
        agricultural/Industrial Worker's Sector
        
        Other Sectors, including urban poor, indngineous, disabled persons
        
        Province -
        
        Directly Elected - 1 governor, 1 vice-governor, Regular Sangguniang Panlalawiganmembers
        
        Indirectly Elected or Ex Officio -
        
        President of provincial chapter liga ng mga barangay,
        
        President of the provincialSK federation
        
        President of the provincial federation of sanggunian members of municipalities and component cities
        
        Sectoral Representatives (467) -
        
        Women's Sector
        
        agricultural/Industrial Worker's Sector
        
        Other Sectors, including urban poor, indngineous, disabled persons
        
        City -
        
        Directly Elected - 1 city mayor, 1 city vice-mayor, Sangguniang Panlungsod regular members (councilors)
        
        Indirectly Elected -
        
        President of municipal liga ng mga barangay,
        
        President of the municipal SK federation
        
        Sectoral Representatives (457) -
        
        Women's Sector
        
        agricultural/Industrial Worker's Sector
        
        Other Sectors, including urban poor, indngineous, disabled persons
      - Date of Election (42) -
        
        GR - the elections for local officials shall be held every three (3) years on the second Monday of May.
        
        XCPN - Unless otherwise provided by law
    - - LGC Disqualifications - PAIN - MOD
        
        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
        
        Administrative Case - Those removed from ofﬁce as a result of an administrative case;
        
        Insane/Feeble-Minded - The insane or feeble-minded.
        
        Non-Political Fugitives - Fugitives from justice in criminal or non-political cases here or abroad;
        
        Moral Turpitude/ Convictions - 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;
        
        Oath of Allegiance Conviction - Those convicted by ﬁnal judgment for violating the oath of allegiance to the Republic;
        
        Dual Citizenship - Those with dual citizenship;
        
        Moral Turpitude - An act of baseness, vileness, or depravity in the private duties which a man owes his fellow men, or to society in general, contrary to the accepted and customary rule of right and duty between man and women or conduct contrary to justice, honesty, modesty or good morals.
        
        Determined by Court, analysis of circumstances surrounding violation of the law.
        
        For Dangat, must apply to both.
        
        For sir: It only pertains to 2nd disqualification. Rationale: Moral turpitude, basis is depravity etc., therefore must apply for everything and perpetual dq.
        
        Convictions -
        
        A false statement in a certiﬁcate of candidacy that a candidate is eligible to run for public ofﬁce is a false material representation which is a ground for a petition under Sec 78 OEC, while the conviction itself is a ground for disqualiﬁcation. (Jalosjos v. COMELEC)
        
        Sec 40(a) should be considered a law of general application and must yield to the provisions of more speciﬁc laws like Art 41 RPC , which directly and speciﬁcally prohibit the convict from running for elective ofﬁce. [DanGat, citing Jalosjos v. COMELEC]
        
        Period of Disqualification -
        
        GR - Period of conviction is only (2) years after service of sentence. This tolls only when service of sentence begins.
        
        XCPN; SK Candidates - no 2-year period. Under RA 10742, they are permanently disqualiﬁed for running for the SK, although they may still run for other positions.
        
        Effect of Probation - Does not disqualify, the accessory penalty of probation of suspension from public ofﬁce is put on hold for the duration of the probation (Moreno v.
        COMELEC)
        
        Mala in Se/Prohibita inre: Moral Turpitude -
        
        GR - mala prohibita do not include moral turpitude.
        
        XCPN - Both in one crime. Fencing, is both.
        
        Sir: most LGU Officials will be convicted of special crimes, such as RA 3019. These may be both.
        
        Effect of Pardon - Sec 12 OEC provides a legal escape to the prohibition under Sec 40(a) LGC--a plenary pardon or amnesty, which erases the disqualiﬁcation (Risos-Vidal v. COMELEC)
        
        Removal Due to Administrative Case - This does not apply retroactively to ofﬁcials removed from ofﬁce before Jan 1 1992, when the LGC took effect (Ofﬁce of the Ombudsman v. Vergara)
        
        Note suspension, not removal.
        
        Condonation Doctrine - a public ofﬁcial cannot be removed from misconduct during a prior term, and that his reelection operated as a condonation of the ofﬁcer’s previous misconduct to the extent of cutting off the right to remove him therefor.
        
        Abandoned in Carpio-Morales v. CA, in 2015.
        
        Dual Citizenship - Refers to those who hold dual allegiance.
        
        Those who hold dual citizenship by accident of birth that upon the ﬁling of their certiﬁcate of candidacy, he naturally elects Filipino citizenship and terminates his status as a dual citizen (Cordora v. COMELEC)
        
        Reversion of Dual Citizenship - Continued exercise of his rights as a citizen of the USA through the use of his USA passport after the renunciation of his USA citizenship reverted his earlier status as dual citizen, which now disqualiﬁes him from being elected to public ofﬁce (Agustin v. COMELEC)
        
        Sworn Renunciation Requirement - Natural-born Filipinos who reacquire their citizenship and seek elective ofﬁce must execute a personal and sworn renunciation of any and all foreign citizenships before an authorized public ofﬁcer before or simultaneous to ﬁling their certiﬁcate of candidacy.
        
        This is the operative act that restores their right to public ofﬁce. Applies egardless of whether they are still dual citizens or not. (Sobejana-Condon v. COMELEC)
        
        Forms of Dual Citizenship (Manzano) - Distinction between dual citizens by birth and others.
        
        Fugitives from Justice - Covers criminal and non-political cases. Refers to both:
        
        Those who ﬂee after conviction to avoid punishment,
        
        those who after being charged, ﬂee to avoid prosecution.
        
        Basis for Disqualification - Substantial evidence to prove that a candidate tried to hide from the authorities or that he left to avoid being arrested and prosecuted (Labao v. COMELEC)
        
        Rationale - intent to evade prosecution is the compelling factor that animates one’s ﬂight from a particular jurisdiction, and there can only be an intent to evade prosecution or punishment when the ﬂeeing person knows of an already instituted indictment, or of a promulgated judgment of conviction (Rodriguez v. COMELEC)
      - Omnibus Election Code DQs -
        
        Sec. 12 - DQed to be a candidate or, to hold office unless, plenary pardon or granted amnesty.
        
        Any person declared by competent authority Insane/Incompetent
        
        Sentenced by ﬁnal judgment for subversion, insurrection, rebellion
        
        Sentenced for any offense for which he has been sentenced to a penalty of more than eighteen months
        
        a crime involving moral turpitude,
        
        Sec. 68 - Candidate Declared by ﬁnal decision of a competent court guilty of, or found by the Commission of:
        
        (a) given money or other material consideration to inﬂuence, induce or corrupt the voters or public ofﬁcials performing electoral functions;
        
        (b) committed acts of terrorism to enhance his candidacy;
        
        (c) spent in his election campaign an amount in excess of that allowed by this Code;
        
        (d) solicited, received or made any contribution prohibited by Sections 89, 95, 96, 97 and 104
        - (e) violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc, subparagraph 6,
        (f) Permanent resident of or an immigrant to a foreign country unless, waived his status as permanent resident or immigrant of a foreign country in accordance with the residence requirement provided for in the election laws.
      - RA 8295 - whenever the evidence of guilt is strong, the following persons are disqualiﬁed to run in a special election called to ﬁll the vacancy in an elective ofﬁce
        
        (a) Any elective ofﬁcial who has resigned from his ofﬁce by accepting an appointive ofﬁce or for whatever reason which he previously occupied but has caused to become vacant due to his resignation; and
        
        (b) Any person who, directly or indirectly, coerces, bribes, threatens, harasses, intimidates or actually causes, inﬂicts or produces any violence, injury, punishment, torture, damage, loss or disadvantage to any person or persons aspiring to become a candidate or that of the immediate member of his family, his honor or property that is meant to eliminate all other potential candidate.
      - Other Grounds for Disqualification -
        
        Failure to file SOCE - Every candidate, including one who withdraws his candidacy, is required to ﬁle a Statement of Contributions and Expenditures (SOCE) within 30 days after the day of the election; otherwise, they may be penalized with perpetual disqualiﬁcation from holding public ofﬁce [Sec 14, RA 7166]
        
        If a public ofﬁcer violates any of the acts enumerated under Sec 19 RA 10121, he may be perpetually disqualiﬁed from holding public ofﬁce
        
        Filing fraudulent claims ﬁeld to the Human Rights Victims and Recognition Act will disqualify one from holding public ofﬁce even after service of sentence [Sec 25, RA 10368]
        
        RA 7166 - AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL AND LOCAL ELECTIONS AND FOR ELECTORAL REFORMS, AUTHORIZING APPROPRIATIONS THERFOR, AND FOR OTHER PURPOSES