Election Law Lgc

8/9/2019 Election Law Lgc

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LOCAL GOVERNMENT CODE OF THEPHILIPPINES

QUALIFICATION & DISQUALIFICATION OF ELECTIVE OFFICIALS

A. Candidate, DefnitionAny person who fles his certifcate o candidacy withinprescribed period shall only be considered as a candidateat the start o the campaign period or which he fled hiscertifcate o candidacy. Se!. "#, R.A. $%$, Po''A(to)ation La*+Any registered national, regional, or sectoral party,organization or coalition thereo that has fled amaniestation to participate under the party-list systemwhich has not withdrawn or which has not been

disqualifed beore the start o the campaign period.Co)e'e! Re. -#-, Fe/. 0, 12"2+

3. Q(a'if!ation o4 E'e!ti5e O6!ia'Qualifcations prescribed by law are continuing requirements and

must be possessed or the duration o the ocers actie tenureF7i5a'do 5. COMELEC 8"$-$9: La/o 5. COMELEC 8"$-$9+

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election electio

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Able to

read

andwrite

Able to

read

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Able to read

and write

Able to read write /ilipino or any other local

languages*dialect

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ution

Art 344

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ution

Art 344

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#hilippine

"onstitution

Art 344 5ec 6

0he 7ocal 8ot "ode o the #hilippines9 A 2)6%

0itle 449 :lectie ;cials

"hapter 49 Qualifcations :lection

5ec &1

C. Di(a'if!ation o4 E'e!ti5e O6!ia' 8(nde7 Lo!a' Go5e7n)entCode9

DE LA TORRE 5 COMELEC 1#- SCRA 0-%, "$$

/acts9 #etitioner olando #.


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0hose remoed rom oce as a result o an administratie caseB

0hose with dual citizenshipB

4t was established by the ";=:7:" that the petitioner was ound guilty bythe =unicipal 0rial "ourt or iolation o the Anti-/encing 7aw. 4t wascontended by the petitioner that 5ection $%>a? is not applicable to himbecause he was granted probation by the =0".

4ssues9

). Chether or not the crime o encing inoles moral turpitude.(. Chether or not a grant o probation aects 5ection $%>a?Ds applicability.

Eeld9 0he 5upreme "ourt held that actual Fnowledge by the GenceH o theact that property receied is stolen displays the same degree o maliciousdepriation o oneDs rightul property as that which animated the robbery orthet which, by their ery nature, are crimes o moral turpitude. Anent thesecond issue, suce it to say that the legal eect o probation is only tosuspend the eIecution o the sentence. #etitionerDs coniction o encingwhich already declared as a crime o moral turpitude and thus allingsquarely under the disqualifcation ound in 5ection $%>a?, subsists and

remains totally unaected notwithstanding the grant o probation

A petition or disqualifcation was fled against the petitioner or the allegedconiction or iolation o J# (( which is a crime inoling moral turpitude.

C;! eery criminal act inoles moral turpitude.

A coniction or iolation o J.#. Jlg. (( Gimports deceitH and Gcertainlyrelates to and aects the good moral character o a personK.H0hus,paraphrasing JlacFDs defnition, a drawer who issues an ununded checFdeliberately reneges on his priate duties he owes his ellow men or societyin a manner contrary to accepted and customary rule o right and duty,@ustice, honesty or good morals.8Vi''a/e7 5. COMELEC9

An electie local ocial who was remoed rom oce as a result o an

administratie case prior to Lanuary ), )11( M the date o eectiity o the7ocal 8oernment "ode M is not disqualifed rom running or an electie localpublic oce, because 5ec. $% o the 7ocal 8oernment "ode cannot be gienretroactie eect (Grego v. COMELEC, GR No. 125955, June 19, 1997).

N Onder .A. 1((' Citizenship Retention and Re-acquisition Act of 2003, a/ilipino who becomes a naturalized citizen o another country is allowed to

retain his /ilipino citizenship by swearing to the supreme authority o theepublic o the #hilippines. 0he act o taFing an oath o allegiance is animplicit renunciation o a naturalized citizenDs oreign citizenship.

N )? fle his certifcate


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/ugities rom @ustice in criminal or nonpolitical cases here orabroadB

o candidacy and >(? swear to the ;ath o Allegiance contained therein.Co7do7a 5. COMELEC, 8Fe/7(a7? 122$9+

#riate respondent fled a petition or disqualifcation alleging that petitioneris not a citizen o the #hilippines, Jut an immigrant and resident o O5A.

#etitioner admitted that he was a naturalized American citizen but he appliedor dual citizenship under .A. 1(('.

C;! he may be allowed to run or public oce.

.A. 1((' imposes an additional requirement on those who wish to seeFelectie public oce. Ee is thus disqualifed rom running or public oce iniew o his ailure to renounce his American citizenship. 8De G(B)an 5.COMELEC9

N Cith respect to a person with d(a' a''e@ian!e, the "ourt held thatcandidateDs oath o allegiance to the epublic o the #hilippines and his"ertifcate o "andidacy do not substantially comply with the requirement oa personal and sworn renunciation o oreign citizenship. Se!tion #819 o4R.A. No. $11# compels natural-born /ilipinos, who hae been naturalized ascitizens o a oreign country, but who reacquired or retained their #hilippinecitizenship >)? to taFe the oath o allegiance under 5ection & o epublic Act!o. 1((', and >(? or those seeFing electie public oces in the #hilippines,to additionally eIecute a personal and sworn renunciation o any and alloreign citizenship beore an authorized public ocer prior or simultaneousto the fling o their certifcates o candidacy, to qualiy as candidates in#hilippine elections. a!ot 5. Da', 8No5e)/e7 122-9+

4n )1++, amon 7abo, Lr. was elected as mayor o Jaguio "ity. Eis rial fled adisqualifcation case against 7abo asserting that he was an Australian citizen.ISSUEChether or not 7abo can retain his public oceHELD9 Ee was naturalized as an Australian in )126. 4t was not his marriageto an Australian that made him an Australian. 4t was his act o subsequentlyswearing by taFing an oath o allegiance to the goernment o Australia. Eelost his /ilipino citizenship when he swore allegiance to Australia. Ee cannotalso claim that when he lost his Australian citizenship, he became solely a/ilipino. 0o restore his /ilipino citizenship, he must be naturalized orrepatriated or be declared as a /ilipino through an act o "ongress M none othis happened. 7abo, being a oreigner, cannot sere public oce.

Fa!t0he petitioner :duardo 0. odriguez was a candidate or 8oernor in

the #roince o Quezon in the =ay +, )11' elections. Eis rial candidate orthe said position was Jienenido ;. =arquez, Lr., fled a petition ordisqualifcation beore the ";=:7:" based principally on the allegation thatodriguez is a Gugitie rom @ustice.H #riate respondent reealed that acharge or raudulent insurance claims, grand thet and attempted grandthet o personal property is pending against the petitioner beore the 7osAngeles =unicipal "ourt. odriguez is thereore a Gugitie rom @usticeH


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#ermanent residents in a oreign country or those who haeacquired the right to reside abroad and continue to aail o thesame right ater the eectiity o this "ode

which is a ground or his disqualifcation* ineligibility under 5ection $% >e? othe 7ocal 8oernment "ode according to =arquez.

odriguez, howeer, submitted a certifcation rom the "ommission o4mmigration showing that odriguez let the O5 on Lune (', )1+'- roughlyfe >'? months prior to the institution o the criminal complaint fled against

him beore the 7os Angeles "ourt.

I(eChether or not odriguez is a Gugitie rom @ustice.HHe'd!o. 0he 5upreme "ourt reiterated that a Gugitie rom @usticeHincludes not only those who Pee ater coniction to aoid punishment butliFewise who, being charged, Pee to aoid prosecution. 0he defnition thusindicates that the intent to eade is the compelling actor that animatesoneDs Pight rom a particular @urisdiction. And obiously, there can only be anintent to eade prosecution or punishment when there is Fnowledge by thePeeing sub@ect o an already instituted indictment or o a promulgated@udgment o coniction.

#etitioner was sought to be disqualifed to hold public oce on the groundthat he is a green card holder. Ee alleged that he merely obtained the green

card or conenience, that he is a permanent resident o the #hilippines andoted in the preious elections.

C;! green card is proo that the holder is a permanent resident o theOnited 5tates.

4mmigration to the Onites 5tates constituted an abandonment orespondentDs domicile and residence in the #hilippines. Ee entered theOnited 5tates with the intention to hae his residence there permanently aseidenced by the application or an immigrantDs isa. 0o be qualifed to runor electie oce in the #hilippines, the law requires that the candidate who

is a green card holder must hae waied his status as a permanent residentor immigrant o a oreign country. 8Caai 5. COMELEC9

According to #ro. Jarlongay, disqualifcations may be classifed into $categories9 >)? statusB >(? actsB >&? nuisance candidacyB and >$? alsity omaterial representation in the certifcate o candidacy.

1. Status 7acF o /ilipino citizenshipB 7acF o residency requirementB

4nsanity or incompetence, as declared by competent authorityB #ermanent residence or immigrant status in a oreign country, unless

such person has waied his status as permanent resident or immigrantin accordance with the residence requirement proided or in theelection laws >Sec. 68, BP 881

2. Ats 5entence by fnal @udgment or9


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5ubersion, insurrection, rebellionB Any oense or which the candidate has been sentenced to a penalty

o more than )+ months o imprisonmentB Any oense inoling moral turpitudeB

=oral turpitude is an act o a baseness, ileness, or depraity in the priate

duties which a man owes to his ellow men, or to society in general, contraryto the accepted and customary rule o right and duty between man andwoman or conduct contrary to @ustice, honesty, modesty or good morals.0he general rule is that crimes mala in se inole moral turpitude whilecrimes mala prohibita do not. =oral turpitude implies something immoral initsel, regardless o the act that it is punishable by law or not. >!e"a #o$$e %.C&'()(C, 1*1 SCRA 22*

!. Nu"sane an#"#a$A nuisance candidate is one who fles a certifcate o candidacy9

0o put the election process in mocFery or disreputeB or 0o cause conusion among the oters by the similarity o the names o

the registered candidates, or "learly demonstrating that he*she has no +ona de intention to run or

the oce which the certifcate o candidacy has been fled, and thuspreents a aithul determination o the true will o the electorate.>Sec. 6*, BP 881

%. &a's"t$ o ater"a' re*resentat"on/alsity o a material representation in the certifcate o candidacy

is a ground or the denial o due course to or cancellation o a certifcate ocandidacy under 5ec. 2+ o J# ++).

STATUS ACTS NUISANCECANDIDA C

FALSITOFMATERIALREPRESENTATION8CoC9

#ermanent residents in aoreign country or those

who hae acquired theright to reside abroadand continue to aail othe same right ater theeectiity o this "ode

0hose sentenced by fnal@udgment or an oense

inoling moralturpitude or or anoense punishable byone >)? year or more oimprisonment, withintwo >(? years atersering sentenceB

0hose with dualcitizenshipB

0hose remoed romoce as a result o anadministratie caseB

0he insane or eeble-minded

0hose conicted by fnal@udgment or iolatingthe oath o allegiance tothe epublicB

/ugities rom @ustice incriminal or nonpoliticalcases here or abroadB


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D. SPECIAL DISQUALIFICATION Unde7 t


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#resident

and has

sered

as such

or more

than ouryears

shall be

qualifed

or

election

to the

same

oce at

any

time.

3ice

#resident

, siI

years, (

successi

e terms

5ection $

Art 344

AND

MEM3ERS

OF THE

SANGGUNIA

NG

A3ATAAN

AMENDINGSECTION 0%

OF REPU3LIC

ACT "2,

OTHERISE

NON AS

THE LOCAL

GOVERNMEN

T CODE OF

"$$", AND

FOR OTHER

PURPOSES

Vo'(nta7? 7en(n!iationo the oce or any length o time is not an

interruption in the continuity o his serice or the ull term or which he waselected.

E. RULES ON SUCCESSION

". Suessors "n *eranent vaan"es "n o+e o 'oa' "ee-eut"ve. Se!. 00, LGCN #ermanent acancy entails that an electie local ocial9

flls a higher 5a!ant o6!e: 7e4(e to a()e o6!e: ails to (a'i4?: die: is 7e)o5ed 47o) o6!e: oluntarily 7ei@n: o7 is otherwise permanently in!a=a!itated to discharge the unctionso his oce.

O6!e *


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;ce o the #unongJarangay

Eighest ranFing sanggunian barangay memberB 4n case o his permanent inability, the (nd highestranFing sanggunian member

N A tie between* among the highest ranFing sanggunian members isresoled by drawing o lots.

N 5uccessors under 5$$, 78" sere only or the uneIpired terms o theirpredecessors.

1. eranent vaan"es "n te sanggun"an. Se!. 0#, LGCN 4 automatic succession as proided in 5$$ does not apply, acancy is tobe flled in by appointment made as ollows9

O6!e *


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trael abroadB suspension rom oce.

N Gene7a' 7('e9 3ice-goernor, city* municipal ice-mayor, or the highest ranFingsangguniang barangay member shall automatically eIercise the powers andperorm the duties and unctions o the local chie eIecutie.

E!e=tion 0he power to appoint*suspend*dismiss employees can be eIercisedon" if the pe$iod of tepo$a$ incapacit e/ceeds 30 o$in das.N 4 the local chie eIecutie is traeling ithin the country +ut outside his te$$ito$ia"

@urisdiction or a period not eIceeding & consecutie days, he may designate inwriting the ocer-in-charge.N Gene7a' 7('e9 0he local chie eIecutie cannot authorize any local ocial toassume the powers*duties*unctions o his oce, other than the ice-goernor,city*municipal ice-mayor, or highest ranFing sangguniang barangay member.N 0he authorization shall speciy the powers and unctions that the ocer-in-chargeshall eIercise. E!e=tion0he power to appoint, suspend and dismiss employees.N 4 the local chie eIecutie ails*reuses to issue the authorization, the ice-

goernor, city*municipal ice-mayor, or highest ranFing sangguniang barangaymember has right to assume the powers, duties, and unctions o the oce on the$th day o absence. E!e=tion0he power to appoint*suspend*dismiss employees.

O6!e *


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0. /er"nat"on o te /e*orar$ 0na*a"t$N Opon submission to the sanggunian o a written declaration that he has reportedbacF to oce. 4 the temporary incapacity is due to legal causes, he must also submit thenecessary documents showing that the legal causes no longer eIist.

#.A**rova' o Leaves o Asene. Se!. 0, LGC.

LOCAL OFFICIAL LOA APPROVED 3

U or goernorsBU mayors o)?highly urbanized cities or(?4ndependent component cities

0he #resident or hisduly authorizedrepresentatie

U or ice-goernorsBU or city*municipal ice-mayors

0he local chieeIecutie

U or city*municipal mayors o"omponent cities*municipalities

0he goernor

U or the sanggunian panlalawigan,panlungsod and pambayan membersBU its employees

0he 3ice-goernor orcity*municipal icemayor

U or punong barangays 0he city*municipal mayor

U or sangguniang barangay members 0he punong barangay

4 the application or 7;A is not acted upon within ' worFing days ater receipt, theapplication is deemed approed.

F. Re!a'' Se. 39475, LGC

N ecall is a mode o remoal o a public ocial by the people beore the end o histerm o oce. R8arcia . ";=:7:", >)11&?SN ho has the poe$ of $eca""4 Poe$ of $eca"" or loss o confdence is eIercised bythe registered oters o the 78O. RS$, LGC+

N Eet"v"t$ 5pon the e"ection and proclamation o a successor in the person othe candidate receiing the highest number o otes cast during the election onrecall. 0hus, i the ocial sought to be recalled receies the highest number ootes, confdence in him is armed and he shall continue in oce. S1, LGC+

N P$ohi+ition on $esination4 An ("ecti%e "oca" ocial sought to be recalled is notallowed to resign while the recall process is in progress. S%, LGC+N :Ipenses9 0he Annual 8eneral Appropriations Act contains a proision or acontingency und at the disposal o the ";=:7:". RS#, LGC+ RA $100 An A!t E'i)inatin@ t


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local electie ocial who is sought to be recalled. 0his does not include 5Velections.Pa7a 5. COMELEC 8"$$9+

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Election Law Lgc