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LOCGOV - VIII - HUMAN RESOURCES AND DEVELOPMENT – LGC, Sec. 76-88a -…

- - - - Preventive Suspension, Investigation (Appointive) – Sec. 85-88
        
        Prohibited Business – Sec. 89
        
        Practice of Profession - 90 - a special law which specifically governs the private practice of profession of elective local official.
        
        Authority to Practice Profession - Local public officials must secure prior permission or authorization from the head of the head of their Department before they can privately practice their profession [Sec 12, Rule XVIII, Revised Civil Service Rules
        
        Scope of Prohibition -
        
        Governors, city mayors and municipal mayors - Prohibited from practicing their profession or engaging in any occupation other than the exercise of their functions as local chief executives.
        
        Members of the Sangguniang Panlalawigan, Panlungsod or Bayan - may practice their professions, engage in any occupation, or teach in schools outside their session hours. - There is no need for them to secure prior authorization to do so as the law itself provides that they can practice their profession
        
        The Punong Barangay and members of the Sangguniang Barangay - Excluded from any prohibition, so the presumption is that they are free to practice their profession.
        
        Lawyers & Sangguniang Members - Shall not:
        
        Appear as counsel before any court in any civil case wherein a local government unit or any office, agency, or instrumentality of the government is the adverse party;
        
        Appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office.
        
        Collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official; and
        
        Use property and personnel of the government except when the sanggunian member concerned is defending the interest of the government.
        
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        Scope of Prohibition - Direct and indirect engagement by any Locgov official or employee in:
        
        Engage in any business transaction with the local government unit in which he is an official or employee or over which he has the power of supervision, or with any of its authorized boards, officials, agents, or attorneys, whereby money is to be paid, or property or any other thing of value is to be transferred, directly or indirectly, out of the resources of the local government unit to such person or firm;
        
        (2) Hold such interests in any cockpit or other games licensed by a local government unit;
        
        (3) Purchase any real estate or other property forfeited in favor of such local government unit for unpaid taxes or assessment, or by virtue of a legal process at the instance of the said local government unit;
        
        (4) Be a surety for any person contracting or doing business with the local government unit for which a surety is required; and
        
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        Other Prohibitions - (b) All other prohibitions governing the conduct of national public officers relating to prohibited business and pecuniary interest so provided for under Republic Act Numbered Sixty-seven thirteen (R.A. No. 6713) otherwise known as the "Code of Conduct and Ethical Standards for Public Officials and Employees" and other laws shall also be applicable to local government officials and employees.
        
        Requirement of Conflict of Interest - In the absence of any showing that a business interest will result in a conflict of interest, divestment of the same is unnecessary.
        
        While the respondent may not be compelled to divest herself of her business interest, she had the legal obligation of divulging it (Rabe v. Flores)
        
        Violation of RA 3019 - Possession of direct/indirect interest may violate this law if either:
        
        If in connection with his pecuniary interest in any business, contract or transaction, the public
        officer intervenes or takes part in his official capacity
        
        When the Constitution or any law prohibits a person from having such interest (Teves v.
        Sandiganbayan)
        
        Section 85. Preventive Suspension of Appointive Local Officials and Employees. -
        
        The local chief executives may preventively suspend for a
        
        period not exceeding sixty (60) days and subordinate official or employee under his authority pending investigation
        
        if the charge against such official or employee involves:
        
        dishonesty,
        
        oppression or grave misconduct or
        
        neglect in the performance of duty,
        
        or if there is reason to believe that the respondent is guilty of the charges which would warrant his removal from the service.
        
        Section 86. Administrative Investigation. -
        
        By Whom Conducted - Administrative investigation may be conducted by:
        
        a person or a committee duly authorized by the local chief executive.
        
        How Conducted - Said person or committee shall conduct hearings on the cases brought against appointive local officials and employees and submit their findings and recommendations to the local chief executive concerned within fifteen (15) days from the conclusion of the hearings.
        
        Section 87. Disciplinary Jurisdiction. - Except as otherwise provided by law, the local chief executive may impose the penalty of:
        
        removal from service,
        
        demotion in rank,
        
        suspension for not more than one (1) year without pay, fine in an amount not exceeding six (6) months salary,
        
        or reprimand and otherwise discipline subordinate officials and employees under his jurisdiction.
        
        If the penalty imposed is suspension without pay for not more than thirty (30) days, his decision shall be final.
        
        If the penalty imposed is heavier than suspension of thirty (30) days, the decision shall be appealable to the Civil Service Commission, which shall decide the appeal within thirty (30) days from receipt thereof.
        
        Section 88. Execution Pending Appeal. - An appeal shall not prevent the execution of a decision of removal or suspension of a respondent-appellant. In case the respondent-appellant is exonerated, he shall be reinstated to his position with all the rights and privileges appurtenant thereto from the time he had been deprived thereof.
        
        Maximum Period for Hearings - The administrative cases herein mentioned shall be decided within ninety (90) days from the time the respondent is formally notified of the charges.
        
        Expiration of Period - Upon expiration of the preventive suspension, the suspended official or employee shall be automatically reinstated in office.
        
        Without prejudice to the continuation of the administrative proceedings against him until its termination.
        
        Effect of Delay - If the delay in the proceedings of the case is due to the fault, neglect or request of the respondent, the time of the delay shall not be counted in computing the period of suspension herein provided.
      - Section 83. Grievance Procedure. - Local chief executive shall establish a procedure to inquire into, act upon, resolve or settle complaints and grievances presented by local government employees.
        
        Section 84. Administrative Discipline. - Investigation and adjudication of administrative complaints against appointive local officials and employees as well as their suspension and removal shall be in accordance with the civil service law and rules and other pertinent laws.
        
        The results of such administrative investigations shall be reported to the Civil Service Commission.
    - - Exception; When Deemed Accepted -
        
        Not Acted Upon - The resignation shall be deemed accepted if not acted upon by the authority concerned within 15 working days from the receipt thereof [Sec 82, LGC]
        
        Irrevocable Resignations by Sanggunian Members - Deemed accepted upon presentation before an open session of the sanggunian concerned and duly entered in its records [Sec 82, LGC]
        
        Abandonment - An office may be deemed relinquished through voluntary abandonment, which needs no acceptance (Sanggunian Bayan of San Andres v. CA)
        
        Where law is Silent - Under established jurisprudence, resignations, in the absence of statutory provisions as to whom they should be submitted, should be tendered to the appointing person or body (Sanggunian Bayan of San Andres v. CA)
      - Requisites for Valid Resignation -
        
        Intention to relinquish a part of the term
        
        Act of relinquishment; and
        
        Acceptance by the proper authority
      - Abandonment - The voluntary relinquishment of an ofﬁce by the holder, with the intention of terminating his possession and control thereof. Considered a form of resignation.
        
        Requisites of Abandonment (Sangguniang Bayan of San Andres v. CA)
        
        Intent to abandon; and
        
        Overt act by which the intention is to be carried into effect
      - Mistaken Tender of Resignation (San Andres v. CA) - A member of the Sanggunian tendered his resignation. However, he tendered such resignation to the Mayor and not to a member of the Sanggunian.
  - - - Applicability of Civil Service Laws Sec. 78 - All matters pertinent to human resources and development in local government units shall be governed by the civil service law and such rules and regulations and other issuances promulgated pursuant thereto, unless otherwise specified in this Code.
    - - Public Notice of Vacancy & Personnel Seleection Board (80) - Whenever a local executive decides to fill a vacant career position, there shall be posted notices of the vacancy in at least three (3) conspicuous public places in the local government unit concerned for a period of not less than fifteen (15) days.
        
        PSB -
        
        (b) There shall be established in every province, city or municipality a personnel selection board to assist the local chief executive in the judicious and objective selection or personnel for employment as well as for promotion, and in the formulation of such policies as would contribute to employee welfare.
        
        (c) The personnel selection board shall be headed by the local chief executive, and its members shall be determined by resolution of the sanggunian concerned. A representative of the Civil Service Commission, if any, and the personnel officer of the local government unit concerned shall be ex officio members of the board.
        
        Compensation of Local Officials & Employees (81) -
        
        GR - determined by the sanggunian concerned
        
        XCPN - increases shall not exceed the limitations on budgetary allocations for personal services provided under Title Five, Book II of this Code
        
        Period of Effectivity -
        
        Elective Officials - increase in compensation of elective local officials shall take effect only after the terms of office of those approving such increase shall have expired
        
        Appointive OFficials - increase in compensation of the appointive officials and employees shall take effect as provided in the ordinance authorizing such increa
        
        Leave Priviliges - Elective local officials shall be entitled to the same leave privileges as those enjoyed by appointive local officials, including the cumulation and commutation thereof.
        
        Section 91. Statement of Assets and Liabilities. - (a) Officials and employees of local government units shall file sworn statements of assets, liabilities and net worth, lists of relatives within the fourth civil degree of consanguinity or affinity in government service, financial and business interests, and personnel data sheets as required by law.
        
        Section 92. Oath of Office. - (a) All elective and appointive local officials and employees shall, upon assumption to office, subscribe to an oath or affirmation of office in the prescribed form. The oath or affirmation of office shall be filed with the office of the local chief executive concerned. A copy of the oath or affirmation of office of all elective and appointive local officials and employees shall be preserved in the individual personal records file under the custody of the personnel office, division, or section of the local government unit concerned.
        
        Section 93. Partisan Political Activity. -
        
        No local official or employee in the career civil service shall engage directly or indirectly in any partisan political activity or take part in any election, initiative, referendum, plebiscite, or recall, except to vote, nor shall he use his official authority or influence to cause the performance of any political activity by any person or body.
        
        He may, however, express his views on current issues, or mention the names of certain candidates for public office whom he supports. Elective local officials may take part in partisan political and electoral activities, but it shall be unlawful for them to solicit contributions from their subordinates or subject these subordinates to any of the prohibited acts under the Omnibus Election Code.
        
        Section 94. Appointment of Elective and Appointive Local Officials; Candidates Who Lost in an Election. -
        
        (a) No elective or appointive local official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure.
        
        Unless otherwise allowed by law or by the primary functions of his position, no elective or appointive local official shall hold any other office or employment in the government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries.
        
        Section 95. Additional or Double Compensation. -
        
        GR- No elective or appointive local official or employee shall receive:
        
        additional, double, or indirect compensation,
        
        XCPN - unless specifically authorized by law, nor accept without the consent of Congress, any present, emoluments, office, or title of any kind from any foreign government.
        
        Pensions or gratuities shall not be considered as additional, double, or indirect compensation.
        
        Section 96. Permission to Leave Station. -
        
        (a) Provincial, city, municipal, and barangay appointive officials going on official travel shall apply and secure written permission from their respective local chief executives before departure. The application shall specify the reasons for such travel, and the permission shall be given or withheld based on considerations of public interest, financial capability of the local government unit concerned and urgency of the travel.
        
        Should the local chief executive concerned fall to act upon such application within four (4) working days from receipt thereof, it shall be deemed approved.
        
        (b) Mayors of component cities and municipalities shall secure the permission of the governor concerned for any travel outside the province.
        
        (c) Local government officials traveling abroad shall notify their respective sanggunian: Provided, That when the period of travel extends to more than three (3) months, during periods of emergency or crisis or when the travel involves the use of public funds, permission from the Office of the President shall be secured.
        
        (d) Field officers of national agencies or offices assigned in provinces, cities, and municipalities shall not leave their official stations without giving prior written notice to the local chief executive concerned. Such notice shall state the duration of travel and the name of the officer whom he shall designate to act for and in his behalf during his absence.
        
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        Rationale for Simultaneous Holding of Position Flores v. Drilon - Sometimes, allowed by law such as in ex-officio capacity. This is because if hte position currently occupied and functions,d uties and responsibilities is related to the additional post that will be held, allowed by law.
        
        Ex. DPWH Sec. - Board of MWSS, because related. In Flores v. Drilon, mayor of Olonggapo is alien to functioning of SBMA as a corporate entity.
      - Discretionary Nature of Appointment (Mathay v. CA) - CSC’s power is limited to approving or disapproving an appointment. CSC does not have the authority to direct that an appointment of a specific individual be made. CSC cannot encroach upon the discretion vested in the appointing authority.
        
        The power to appoint rests exclusively with the local chief executive and cannot be usurped by the city council through ordinances. The city council has no power to appoint.
        
        Appointment v. Reassignment -
        
        Appointment - the selection, by the authority vested with the power, of an individual who is to exercise the functions of a given office.
        
        Reassignment – merely a movement of an employee from one organizational unit to another in the same department or agency which does not involve a reduction in rank, status or salary and does not require the issuance of an appointment.