Anoafranchisetooperateapublicutilityisnot an

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Unformatted text preview: 3. Sangguniang Panglunsod or Bayan – elective barangay officials. (Sec. 61, LGC) Note: A re‐elected local official may not be held administratively accountable for misconduct committed during his prior term of office. There is no distinction as to the precise timing or period when the misconduct was committed, reckoned from the date of the official’s re‐election, except that it must be prior to said date. (Garcia v. Mojica, G.R. No. 139043, Sept. 10, 1999) Q: When is subsequent re‐election considered a condonation? A: When proceeding is abated due to elections and there is no final determination of misconduct yet. (Malinao v Reyes, GR 117618 Mar.29, 1996) Note: Subsequent re‐election cannot be deemed a condonation if there was already a final determination of his guilt before the re‐election. (Reyes v. COMELEC, G.R. No. 120905 March 7, 1996) The rule that public official cannot be removed for administrative misconduct committed during a prior term, since his re‐election to office operates as a condonation of the officer’s previous misconduct to the extent of cutting off the right to remove him therefore, has no application to pending criminal cases against petitioner for the acts he may have committed during a failed coup. (Aguinaldo v. Santos, G.R. No. 94115, Aug. 21, 1992) Q: When should preventive suspension be imposed? A: 1. After the issues are joined; 2. When the evidence of guilt is strong; 3. Given the gravity of the offense, there is great probability that the continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the 208 records and other evidence. (Sec. 63[b], LGC) Q: Who can impose preventive suspension? A: Authority to impose suspension belongs to the Respondent Local Official President Elective official of a province, highly urbanized or independent component city Governor Mayor Elective official of a component city of municipality Elective official of a barangay. (Sec 63[a], LGC) Q: State the rule on preventive suspension. A: 1. A single preventive suspension shall not extend beyond 60 days; 2. In the...
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