Local Government in

the Philippines
Presented by:
Mirela A. Verzosa
BA POLITICAL SCIENCE IV

History of Local Governance

in the Philippines

During the Period of

Conquest and Before

The
cities,
municipalities,
and
provinces of today evolved from the
barangays of pre-Spanish times, the
pueblos and cabildos of the Spanish
colonial days and the townships of the
American regime.

The local villages (barangay) of the Philippine archipelago

have been existent even before the arrival of the Spanish
colonizers.

They were, for all intents and

purposes, autonomous
territorial and political units
headed by a monarchial
chieftain called the datu,
panginoon or pangulo.

The Barangays
The pre-Spanish barangays were the first
political and social organizations of the
Philippines. A barangay was a settlement of
some 30 to 100 families and a governmental
unit in itself.

Spanish Conquest
The lack of unity among the warring barangays made
conquest easier for the Spaniards. Gradually, the
datus were shorn of their powers. The Spaniards
organized
pueblos
(municipalities),
Cabildos
(cities), and provincias (provinces). The provinces
were
established
for
the
convenience
of
administration and constituted the immediate
agencies through which the central government
could extend its authority on numerous villages. In
place of the barangays, barrios were established, and
the datus were made into cabezas de barangay
whose only remaining function was the collection of
taxes for the Spanish government.

In 1893, the Spanish

colonizers enacted the
Maura Law. This was
Spains belated and half
hearted tribute to Filipinos
ability in self government,
which
includes
the
establishment
of
tribunales, municipales
and juntas provinciales.
However, inspite of the
law, a centralized regime
still prevailed with the
retention of rights and
prerogatives
by
the
principalia
class,
the
straight
laced
centralization of powers,
the continued intervention
of the church in State
affairs,
the
limited
franchise
granted,
the
inadequate
election
method
devised
and

Local Governments during the First Philippine Republic

The importance of local governments was recognized by
Gen. Emilio Aguinaldo and Apolinario Mabini in their
program of government for the First Philippine Republic.
Filipino leaders knew that if a strong and enduring
Filipino nation was to be established, it must be able to
maintain itself in all emergencies, and the whole
political fabric must be well founded on an efficient
system of local governments. The Malolos Constitution
provided a separate article on local government (Title
XI, Article 82). Local autonomy was made explicit in the
introductory portion which stipulated that the
organization and powers of the provincial and municipal
assemblies shall be governed by their respective laws.

Under the Malolos Constitution, the officials were elected on a

popular basis and decentralization and local autonomy (which
was actually the language used in the Malolos Constitution) were
among the rallying cries of the period. Local law-making bodies,
namely the municipal and provincial assemblies, were instituted.

Local Governments during the American Regime

The Americans contributed very little, if at all, to
the development of local autonomy. In fact,
national-local relationship reverted to the strong
centralism that characterized the Spanish colonial
regime. .The Commissions blueprint for town
organization provided for a President to be elected
viva voce by residents of the town with the approval
of the Commanding Officer. His duty consisted in the
establishment of a police force, collection of taxes,
enforcement
of
regulations
on
market
and
sanitation, establishment of schools, and the
provision for lighting facilities.

During the American occupation, we saw the promulgation

of a number of policies promoting local autonomy; the
Instructions of President McKinley to the Taft Commission;
the Incorporation of the City of Manila (Act 183 of the
Philippine Commission in 1902); the establishment of the
Moro Province (Act 787 in 1903); the organization of
provincial governments (Act 396 of 1905); and the extension
of popular control like the elimination of appointive
members of the provincial board. But inspite of the
enactment of policies purportedly supportive of local
autonomy, the Americans maintained a highly centralized
politico-administrative structure. Largely because of security
considerations, local affairs had too be under the control of
the Americans.

The Commonwealth and Centralism

The forms and patterns of local government during
the American civil administration remained
essentially the same during the Commonwealth
period. The only notable changes were the transfer
of central supervision from the Executive Bureau
to the Department of Interior and the creation of
more chartered cities. President Quezon, the
central figure of the government during this
period, even argued against autonomy in the
cities, hinting that under the unitary system of
government which exists in the Philippines, the
national chief executive does and should control all
local offices.

Local governments in the Philippines was placed

under the general supervision of the president
following the provision embedded in Article VII
Section II of the 1945 Constitution. Additionally, the
President, by statute, could alter the jurisdictions of
local governments and in effect, create or abolish
them. Ocampo and Panganiban note that the
constitutional provision limiting the Presidents
power to general supervision was a compromise
measuresubstituted for the stronger gurantee of
local autonomy proposed during the constitutional
convention. President Quezon preferred to appoint
the chief officials of cities and would brook no
democratic nonsense

Local Governance During the

Period of Independence and After

The Third Republic

RA 2664
An Act Amending the Laws Governing Local Governments
by Increasing their Autonomy and Reorganizing Provincial
Governments was enacted. This act vested in city and
municipal governments greater fiscal, planning and
regulatory powers. It broadened the taxing powers of the
cities and municipalities within the framework of national
taxing laws.
RA 2370
this sought to transform the barrios, the smallest political
unit of the local government into quasi municipal
corporations by vesting them some taxing powers . Barrios
were to be governed by an elective Barrio Council

Less than a decade later, the Decentralization Act of

1967 (RA 5185) was enacted. It further increased the
financial resources of local governments and broadened
their decision-making powers over administrative (mostly
fiscal and personnel) matters. More specifically, the
Decentralization Act provided that it will
grant local governments greater freedom and ampler
means to respond to the needs of their people and
promote prosperity and happiness to effect a more
equitable and systematic distribution of governmental
powers and resources. To this end, local government
henceforth shall be entrusted with the performance of
those functions that are more properly administered in the
local level and shall be granted with as mush autonomous
powers and financial resources as are required in the more
effective discharge of their responsibilities.

The Imposition of Martial Law

Abolished local government and vested in the dictator the powers to appoint local officials
who were beholden to him, was great setback for the local autonomy movement in the
Philippines. Notwithstanding the highly centralized dictatorial setup, the 1973 constitution
rhetorically committed itself to a policy in local autonomy.

President Marcos continued to

exercise supervision and control
over the local governments.
Still,
the
Authoritarian
government promulgated the
Local Government Code of 1983
(Batas Pambansa Bilang 337)
which reiterated the policy of
the State to
gurantee and promote the
autonomy
of
local
government units to ensure
their fullest development as
self-reliant communities and
make
them
effective
partners in the pursuit of
national development.

The installation of Corazon

Aquino as President saw
the promulgation of the
Freedom Constitution. It
provided that the
President shall have control
and exercise general
supervision over all local
governments. It was this
provision that enabled Mrs.
Aquino, through the
Minister of Local
Government, to remove
local official throughout
the country whose loyalties
were questionable, and
replace them with officersin-charge

The Local Government Code of 1991 is considered the most radical and far
reaching policy that addressed the decade old problem of a highly centralized
politico-administrative system.

Local Governments at present

After the People Power Revolution, the new Aquino
government decided to replace all the local officials
who had served Marcos. Corazon Aquino delegated this
task to her political ally, Aquilino Pimentel. Pimentel
named officers in charge of local governments all
across the nation. Local officials elected in 1988 were
to serve until June 1992, under the transitory clauses of
the new constitution. Thereafter, terms of office were
to be three years, with a three-term limit. On October
10, 1991, The Local Government Code 1991 (R.A.7160)
was signed into law. This Code ordained an authentic
and workable local autonomy through the devolution of
certain powers from the national government to the
local governments.

Specific requirements for the

Creation, Merger, Abolition,
Division and Substantial
Alteration of Boundaries

Barangay
Creation

Merger

Abolition

Division

Substantial
Alteration

*A barangay may be
created out of a
contiguous territory
which has a
population of at least
two thousand (2,000)
inhabitants as
certified by the
National Statistics
Office.
*The territorial
jurisdiction of the new
barangay shall be
properly identified by
metes and bounds or
by more or less
permanent natural
boundaries. The
territory need not be
contiguous if it
comprises two (2) or
more islands.
The governor or city
mayor may prepare a
consolidation plan for
barangays, based on
the criteria prescribed
in this Section, within
his territorial
jurisdiction. The plan
shall be submitted to
the sangguniang
panlalawigan or
sangguniang
panlungsod
concerned for
appropriate action.

law or by an
ordinance of the
sangguniang
panlalawigan or
panlungsod, subject
to approval by a
majority of the
votes cast in a
plebiscite to be
conducted by the
COMELEC in the
local government
unit or units directly
affected within
such period of time
as may be
determined by the
law or ordinance
creating said
barangay.

law or by an
ordinance of the
sangguniang
panlalawigan or
panlungsod, subject
to approval by a
majority of the
votes cast in a
plebiscite to be
conducted by the
COMELEC in the
local government
unit or units directly
affected within
such period of time
as may be
determined by the
law or ordinance
creating said
barangay.

law or by an
ordinance of the
sangguniang
panlalawigan or
panlungsod, subject
to approval by a
majority of the
votes cast in a
plebiscite to be
conducted by the
COMELEC in the
local government
unit or units directly
affected within
such period of time
as may be
determined by the
law or ordinance
creating said
barangay.

law or by an ordinance of the

sangguniang panlalawigan or
panlungsod, subject to approval by a
majority of the votes cast in a plebiscite
to be conducted by the COMELEC in the
local government unit or units directly
affected within such period of time as
may be determined by the law or
ordinance creating said barangay.

Creation

A municipality or a cluster
barangays may be
nverted into a component
y if it has an average
nual income, as certified
the Department of
nance, of at least Twenty
llion (P20,000,000.00) for
e last two (2) consecutive
ars based on 1991
nstant prices, and if it has
her of the following
quisites:
a contiguous territory of
least one hundred (100)
uare kilometers,
) a population of not less
an one hundred fifty
ousand (150,000)
habitants, as certified by
e National Statistics
ffice:
ovided, The territorial
isdiction of a newlyeated city shall be
operly identified by metes
d bounds. The
quirement on land area
all not apply where the
y proposed to be created
composed of one (1) or
ore islands. The territory
ed not be contiguous if it
mprises two (2) or more
ands.
The average annual
come shall include the
come accruing to the
neral fund, exclusive of
ecific funds, transfers,
d non-recurring income.

Cities
Merger

Abolition

Division

Substantial Alteration

A city may be created,

divided, merged,
abolished, or its
boundary substantially
altered, only by an Act
of Congress, and
subject to approval by
a majority of the votes
cast in a plebiscite to
be conducted by the
COMELEC in the local
government unit or
units directly affected.
Except as may
otherwise be provided
in such Act. the
plebiscite shall be held
within one hundred
twenty (120) days
from the date of its
effectivity.

A city may be created,

divided, merged,
abolished, or its
boundary substantially
altered, only by an Act
of Congress, and
subject to approval by
a majority of the votes
cast in a plebiscite to
be conducted by the
COMELEC in the local
government unit or
units directly affected.
Except as may
otherwise be provided
in such Act. the
plebiscite shall be held
within one hundred
twenty (120) days
from the date of its
effectivity.

A city may be created,

divided, merged,
abolished, or its
boundary substantially
altered, only by an Act
of Congress, and
subject to approval by
a majority of the votes
cast in a plebiscite to
be conducted by the
COMELEC in the local
government unit or
units directly affected.
Except as may
otherwise be provided
in such Act. the
plebiscite shall be held
within one hundred
twenty (120) days
from the date of its
effectivity.

A city may be created, divided, merged,

abolished, or its boundary substantially
altered, only by an Act of Congress, and
subject to approval by a majority of the vo
cast in a plebiscite to be conducted by the
COMELEC in the local government unit or
units directly affected. Except as may
otherwise be provided in such Act. the
plebiscite shall be held within one hundred
twenty (120) days from the date of its
effectivity.

Municipality
Creation

Merger

Abolition

Division

Substantial
Alteration

*A municipality may be

A municipality may
be created, divided,
merged, abolished,
or its boundary
substantially altered
only by an Act of
Congress and subject
to the approval by a
majority of the votes
cast in a plebiscite to
be conducted by the
COMELEC in the local
government unit or
units directly
affected. Except as
may otherwise be
provided in the said
Act, the plebiscite
shall be held within
one hundred twenty
(120) days from the
date of its effectivity.

A municipality may
be created, divided,
merged, abolished,
or its boundary
substantially altered
only by an Act of
Congress and subject
to the approval by a
majority of the votes
cast in a plebiscite to
be conducted by the
COMELEC in the local
government unit or
units directly
affected. Except as
may otherwise be
provided in the said
Act, the plebiscite
shall be held within
one hundred twenty
(120) days from the
date of its effectivity.

A municipality may
be created, divided,
merged, abolished,
or its boundary
substantially altered
only by an Act of
Congress and subject
to the approval by a
majority of the votes
cast in a plebiscite to
be conducted by the
COMELEC in the local
government unit or
units directly
affected. Except as
may otherwise be
provided in the said
Act, the plebiscite
shall be held within
one hundred twenty
(120) days from the
date of its effectivity.

A municipality may be created, divided,

merged, abolished, or its boundary
substantially altered only by an Act of
Congress and subject to the approval by a
majority of the votes cast in a plebiscite to
be conducted by the COMELEC in the local
government unit or units directly affected.
Except as may otherwise be provided in
the said Act, the plebiscite shall be held
within one hundred twenty (120) days
from the date of its effectivity.

created if it has an
average annual income,
as certified by the
provincial treasurer, of at
least Two million five
hundred thousand pesos
(P2,500,000.00) for the
last two (2) consecutive
years based on the 1991
constant prices; a
population of at least
twenty-five thousand
(25,000) inhabitants as
certified by the National
Statistics Office; and a
contiguous territory of at
least fifty (50) square
kilometers as certified by
the Lands Management
Bureau:
The territorial jurisdiction
of a newly created
municipality shall be
properly identified by
metes and bounds. The
requirement on land area
shall not apply where the
municipality proposed to
be created is composed of
one (1) or more islands.
The territory need not be
contiguous if it comprises
two (2) or more islands.
The average annual
income shall include the
income accruing to the
general fund of the
municipality concerned,
exclusive of special funds,
transfers and nonrecurring income.

Province
Creation

Merger

Abolition

Division

Substantial
Alteration

(a) A province may be

created if it has an
average annual income,
as certified by the
Department of Finance, of
not less than Twenty
million pesos
(P20,000,000.00) based
on 1991 constant prices
and either of the following
requisites:
(i) a contiguous territory
of at least two thousand
(2,000) square kilometers,
as certified by the Lands
Management Bureau; or
(ii) a population of not less
than two hundred fifty
thousand (250,000)
inhabitants as certified by
the National Statistics
Office:
Provided, That, the
creation thereof shall not
reduce the land area,
population, and income of
the original unit or units at
the time of said creation
to less than the minimum
requirements prescribed
herein.
(b) The territory need not
be contiguous if it
comprise two (2) or more
islands or is separated by
a chartered city or cities
which do not contribute to
the income of the
province.
(c) The average annual
income shall include the
income accruing to the
general fund, exclusive of
special funds, trust funds,
transfers and non-

A province may be
created, divided,
merged, abolished,
or its boundary
substantially altered,
only by an Act of
Congress and subject
to approval by a
majority of the votes
cast in a plebiscite to
be conducted by the
COMELEC in the local
government unit or
units directly
affected. The
plebiscite shall be
held within one
hundred twenty
(120) days from the
date of effectivity of
said Act, unless
otherwise provided
therein.

A province may be
created, divided,
merged, abolished,
or its boundary
substantially altered,
only by an Act of
Congress and subject
to approval by a
majority of the votes
cast in a plebiscite to
be conducted by the
COMELEC in the local
government unit or
units directly
affected. The
plebiscite shall be
held within one
hundred twenty
(120) days from the
date of effectivity of
said Act, unless
otherwise provided
therein.

A province may be
created, divided,
merged, abolished,
or its boundary
substantially altered,
only by an Act of
Congress and subject
to approval by a
majority of the votes
cast in a plebiscite to
be conducted by the
COMELEC in the local
government unit or
units directly
affected. The
plebiscite shall be
held within one
hundred twenty
(120) days from the
date of effectivity of
said Act, unless
otherwise provided
therein.

A province may be created, divided,

merged, abolished, or its boundary
substantially altered, only by an Act of
Congress and subject to approval by a
majority of the votes cast in a plebiscite to
be conducted by the COMELEC in the local
government unit or units directly affected.
The plebiscite shall be held within one
hundred twenty (120) days from the date
of effectivity of said Act, unless otherwise
provided therein.

GENERAL POWERS AND

ATTRIBUTES OF LOCAL
GOVERNMENT UNITS

EXPRESS AND IMPLIED POWERS

Within their respective territorial jurisdictions, local
government units shall ensure and support, among
other things, the preservation and enrichment of
culture, promote health and safety,
enhance the right of the people to a balanced
ecology,
encourage and support the development of
appropriate
and
self-reliant
scientific
and
technological capabilities, improve public morals,
enhance economic prosperity and social justice,
promote full employment among their residents,
maintain peace and order,
and preserve the comfort and convenience of their
inhabitants.

Every local government unit, as a corporation, shall have the

following powers:
To have continuous succession in its corporate name;
To sue and be sued;
To have and use a corporate seal;
To acquire and convey real or personal property;
To enter into contracts; and
To exercise such other powers as are granted to corporations,
subject to the limitations provided in this Code and other laws.

Local government units may continue using, modify, or

change their existing corporate seals: Provided, That newly
established local government units or those without
corporate seals may create their own corporate seals
which shall be registered with the Department of the
Interior and Local Government: Provided, further, That any
change of corporate seal shall also be registered as
provided herein.
Local government units shall enjoy full autonomy in the
exercise of their proprietary functions and in the
management of their economic enterprises, subject to the
limitations.

Executive and Legislative

Powers

Local executive power is

exercised by the governor
for the province; the city
mayorfor the city; the
municipal mayor for the
municipality; and the
barangay captain for the
barangay.

Local legislative power shall be

exercised by the sangguniang
panlalawigan for the province; the
sangguniang panlungsod for the
city; the sangguniang bayan for
the municipality; and the
sangguniang barangay for the
barangay.

Internal and External Powers

The delivery of basic services which include health, social

services, environment through community based projects,
agriculture, public works, education, tourism ams
telecommunication and housing projects.
Regulatory powers such as reclassification of lands,
enforcement of environmental laws, inspection of food
products, operation of tricycles, issuance of birth
certificates and death certificates and the likes.
Power
to
enter
into
buil-operate-transfer
(BOT)
arrangements with the private sector, float bonds, etc to
encouraged them to be more business like and competitive
in therir operations

Revenue Powers

Article X, Section VI
Each local government unit shall have the
power to create its own sources of
revenue and to levy taxes, fees, and
charges subject to such guidelines and
limitations as the Congress may provide,
consistent with the basic policy of local
autonomy. Such taxes, fees, and charges
shall
accrue
exclusively
to
local
governments

Local Government Unit has the power

to create their own sources of revenue
loans, and to levy taxes, fees, and
charges
to
finance
government
activities.

General Welfare.Every local government unit shall exercise the powers

expressly granted, those necessarily implied there from,
as well as powers necessary, appropriate, or incidental
for its efficient and effective governance, and those
which are essential to the promotion of the general
welfare. Within their respective territorial jurisdictions,
local government units shall ensure and support, among
other things, the preservation and enrichment of
culture, promote health and safety, enhance the right of
the people to a balanced ecology, encourage and
support the development of appropriate and self-reliant
scientific and technological capabilities, improve public
morals, enhance economic prosperity and social justice,
promote full employment among their residents,
maintain peace and order, and preserve the comfort
and convenience of their inhabitants.

Eminent Domain
A local government unit may, through its chief executive and acting
pursuant to an ordinance, exercise the power of eminent domain for
public use, or purpose or welfare for the benefit of the poor and the
landless, upon payment of just compensation, pursuant to the
provisions of the Constitution and pertinent laws:
Provided, however, That the power of eminent domain may not be
exercised unless a valid and definite offer has been previously
made to the owner, and such offer was not accepted:
Provided, further, That the local government unit may immediately take
possession of the property upon the filing of the expropriation
proceedings and upon making a deposit with the proper court of at
least fifteen percent (15%) of the fair market value of the property
based on the current tax declaration of the property to be expropriated:
Provided, finally, That, the amount to be paid for the expropriated
property shall be determined by the proper court, based on the fair
market value at the time of the taking of the property.

ELECTIVE LOCAL
GOVERNMENT OFFICIALS

QUALIFICATIONS

1. An elective local official must be a

citizen of the Philippines; a
registered voter in the barangay,
municipality, city or provinceor, in
the case a member of the
sangguniang panlalawigan,
sangguniang panglunsod, or
sangguniang bayan, the district
where he intends to be elected; a
resident therein at least one year
immediately preceeding the day of
election; and able to read and write
Filipino or any other local language
or dialect

2. 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 al least
be twenty one (21) years of age on
election day.
3. Candidates for the position of
mayor or vice mayor of
independent component cities must
be at least twenty-one (21) years of
age on election day.
4. Candiates for the position of
punong barangay or member of the
sangguniang barangay must be at
least eighteen (18) years of age on
election day
5.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.

Disqualifications
1. Those sentenced by
final judgement of an
offense involving moral
turpitude or for an
offense punishable by
one (1) year or more
imprisonment, within
two yeasr after serving
sentence.
2. Those removed from
office as result of an
administrative case;
3. Those convicted by
final judgement for
violating the oath of
allegiance ot the
Republic
4. Those with dual
citizenships

Disqualifications

5. Fugitives from justice in

criminal or non political
cases here or abroad
6. Permanent residents in
aforeign country or
those who have
acquired the right ot
reside abroad and
coninue to avail of the
same right
7. The insane or feebleminded

Manner of Election

The governor, vice-governor, city mayor, city vice-mayor, municipal mayor,

municipal vice-mayor, and punong barangay shall be elected at large in their
respective units by the qualified voters therein. However, the sangguniang
kabataan chairman for each barangay shall be elected by the registered
voters of the katipunan ng kabataan, as provided in this Code.
The regular members of the sangguniang panlalawigan, sangguniang
panlungsod, and sangguniang bayan shall be elected by district, as may be
provided for by law. Sangguniang barangay members shall be elected at
large. The presidents of the leagues of sanggunian members of component
cities and municipalities shall serve as ex officio members of the
sangguniang panlalawigan concerned. The presidents of the "liga ng mga
barangay and the pederasyon ng mga sangguniang kabataan" elected by
their respective chapters, as provided in this Code, shall serve as ex officio
members of the sangguniang panlalawigan, sangguniang panlungsod, and
sangguniang bayan.
In addition thereto, there shall be one (1) sectoral representative from the
women, one (1) from the workers, and one (1) from any of the following
sectors: the urban poor, indigenous cultural communities, disabled persons,
or any other sector as may be determined by the sanggunian concerned
within ninety (90) days prior to the holding of the next local elections as may
be provided for by law. The COMELEC shall promulgate the rules and
regulations to effectively provide for the election of such sectoral
representatives.

Term of Office

The term of office of all local elective officials elected after

the effectivity of this Code shall be three (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: Provided, That 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.
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.
The term of office of barangay officials and members of the
sangguniang kabataan shall be for three (3) years, which
shall begin after the regular election of barangay officials
on the second Monday of May 1994.

Grounds for Disciplinary

Actions

Disloyalty to the Republic of the Philippines;

Culpable violation of the Constitution;
Dishonesty, oppression, misconduct in office, gross
negligence, or dereliction of duty;
Commission of any offense involving moral turpitude
or an offense punishable by at least prision mayor;
Abuse of authority;
Unauthorized absence for fifteen (15) consecutive
working days, except in the case of members of the
sangguniang panlalawigan, sangguniang
panlungsod, sangguniang bayan, and sangguniang
barangay;
Application for, or acquisition of, foreign citizenship
or residence or the status of an immigrant of another
country; and

Procedure in the conduct

of investigations

Form and Filing of Administrative Complaints

A verified complaint against any erring local elective
official shall be prepared as follows:

A complaint against any elective official of a

province, a highly urbanized city, an independent
component city or component city shall be filed
before the Office of the President;

A complaint against any elective official of a

municipality
shall
be
filed
before
the
sangguniang panlalawigan whose decision may
be appealed to the Office of the President; and
A complaint against any elective barangay official
shall
be
filed
before
the
sangguniang
panlungsod or sangguniang bayan concerned
whose decision shall be final and executory.

Notice of hearing
Within

seven (7) days after the administrative complaint is filed,

the Office of the President or the sanggunian concerned, as the
case may be, shall require the respondent to submit his verified
answer within fifteen (15) days from receipt thereof, and
commence the investigation of the case within ten (10) days after
receipt of such answer of the respondent.
When the respondent is an elective official of a province or highly
urbanized city, such hearing and investigation shall be conducted
in the place where he renders or holds office. For all other local
elective officials, the venue shall be the place where the
sanggunian concerned is located.
However, no investigation shall be held within ninety (90) days
immediately prior to any local election, and no preventive
suspension shall be imposed within the said period. If preventive
suspension has been imposed prior to the 90-day period
immediately preceding local election, it shall be deemed
automatically lifted upon the start of aforesaid period.

The investigation of the case shall be terminated within

ninety (90) days from the start thereof. Within thirty (30)
days after the end of the investigation, the Office of the
President or the sanggunian concerned shall render a
decision in writing stating clearly and distinctly the facts
and the reasons for such decision. Copies of said decision
shall immediately be furnished the respondent and all
interested parties.
(b) The penalty of suspension shall not exceed the
unexpired term of the respondent or a period of six (6)
months for every administrative offense, nor shall said
penalty be a bar to the candidacy of the respondent so
suspended as long as he meets the qualifications required
for the office.
(c) The penalty of removal from office as a result of an
administrative investigation shall be considered a bar to
the candidacy of the respondent for any elective position.

Administrative Appeals
Decisions in administrative cases may,
within thirty (30) days from receipt
thereof, be appealed to the following:
The sangguniang panlalawigan, in the
case of decisions of the sangguniang
panlungsod of component cities and the
sangguniang bayan; and
The Office of the President, in the case
of
decisions
of
the
sangguniang
panlalawigan and the sangguniang
panlungsod of highly urbanized cities
and independent component cities.

RECALL

The power of recall for loss of

confidence shall be exercised by the
registered voters of a local government
unit to which the local elective official
subject to such recall belongs.

Initiation of the Recall Process.Recall may be initiated by a preparatory recall assembly or

by the registered voters of the local government unit to which
the local elective official subject to such recall belongs.
There shall be a preparatory recall assembly in every
province, city, district, and municipality which shall be
composed of the following:
Provincial level. - All mayors, vice-mayors, and sanggunian
members of the municipalities and component cities;
City level. - All punong barangay and sanggunian barangay
members in the city;
Legislative District level. - In case where sangguniang
panlalawigan members are elected by district, all elective
municipal officials in the district; and in cases where
sangguniang panlungsod members are elected by district, all
elective barangay officials in the district; and
Municipal level. - All punong barangay and sangguniang
barangay members in the municipality.

A majority of all the preparatory recall assembly

members may convene in session in a public place
and initiate a recall proceedings against any
elective official in the local government unit
concerned. Recall of provincial, city, or municipal
officials shall be validly initiated through a
resolution adopted by a majority of all the members
of the preparatory recall assembly concerned during
its session called for the purpose.
Recall of any elective provincial, city, municipal, or
barangay official may also be validly initiated upon
petition of at least twenty-five percent (25%) of the
total number of registered voters in the local
government unit concerned during the election in
which the local official sought to be recalled was
elected.

A written petition for recall duly signed before the election

registrar or his representative, and in the presence of a
representative of the petitioner and a representative of the
official sought to be recalled and, and in a public place in
the province, city, municipality, or barangay, as the case
may be, shall be filed with the COMELEC through its office
in the local government unit concerned. The COMELEC or
its duly authorized representative shall cause the
publication of the petition in a public and conspicuous
place for a period of not less than ten (10) days nor more
than twenty (20) days, for the purpose of verifying the
authenticity and genuineness of the petition and the
required percentage of voters.
Upon the lapse of the aforesaid period, the COMELEC or
its duly authorized representative shall announce the
acceptance of candidates to the position and thereafter
prepare the list of candidates which shall include the name
of the official sought to be recalled.

Upon the filing of a valid resolution or petition

for recall with the appropriate local office of
the COMELEC, the Commission or its duly
authorized representative shall set the date of
the election on recall, which shall not be later
than thirty (30) days after the filing of the
resolution or petition for recall in the case of
the barangay, city, or municipal officials. and
forty-five (45) days in the case of provincial
officials. The official or officials sought to be
recalled shall automatically be considered as
duly registered candidate or candidates to the
pertinent positions and, like other candidates,
shall be entitled to be voted upon.

The recall of an elective local official shall

be effective only upon the election and
proclamation of a successor in the person
of the candidate receiving the highest
number of votes cast during the election
on recall. Should the official sought to be
recalled receive the highest number of
votes, confidence in him is thereby
affirmed, and he shall continue in office.
The elective local official sought to be
recalled shall not be allowed to resign
while the recall process is in progress.