Bernas the 1987 philippines constitution a reviewer

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Unformatted text preview: 1994) ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 213 UST GOLDEN NOTES 2011 Q: What are the instances when a private lawyer can represent an LGU? A: 1. When the municipality is an adverse party in a case involving the provincial government or another municipality or city within the province 2. Where original jurisdiction is vested with the SC. Q: What is the test in determining whether a local government official can secure the services of private counsel? A: In resolving whether a local government official may secure the services of private counsel in an action filed against him in his official capacity, the nature of the action and the relief sought are to be considered. (Mancenido v. CA, G.R. No. 118605, Apr. 12, 2000) Q: State the rule on prohibition against appointment of elective officials to another office. A: 1. No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure (Flores v. Drilon, G.R. 104732, June 22, 1993) 2. Except for losing candidates in barangay elections, no candidate who lost in any election shall, within one year after such election, be appointed to any office in the government or any GOCC or their subsidiaries. (Sec.94, LGC) Q: Who between the Governor and the Vice‐ Governor is authorized to approve purchase orders issued in connection with the procurement of supplies, materials, equipment, including fuel, repairs, and maintenance of the Sangguniang Panlalawigan? A: Vice‐Governor. Under R.A. 7160, local legislative power for the province is exercised by the Sangguniang Panlalawigan and the Vice‐ Governor is its presiding officer. Being vested with legislative powers, the Sangguni...
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