This preview shows page 1. Sign up to view the full content.
Unformatted text preview: power is exclusively vested in the proper courts as expressly provided for in the last paragraph of Section 60, LGC. (Salalima v. Guingona, G.R. No. 117589, May 22, 1996) Q: What is removal? A: Removal imports the forcible separation of the incumbent before the expiration of his term and can be done only for cause as provided by law. (Dario v. Mison, G.R. No. 81954, August 8, 1989) Note: The removal not for a just cause or non‐
compliance with the prescribed procedure constitutes reversible error and this entitles the officer or employee to reinstatement with back salaries and without loss of seniority rights. Basis Q: Does the Sangguniang Panglungsod and Sangguniang Bayan have the power to remove elective officials? A: No. The pertinent legal provisions and cases decided by this Court firmly establish that the Sanggunaing Bayan is not empowered to do so. Section 60 of the Local Government Code conferred upon the courts the power to remove elective local officials from office. (The Sangguniang Barangay of Don Mariano Marcos vs. Martinez, G.R. No. 170626, March 3, 2008) Q: Who may file an administrative action? A: 1. Any private individual or any government officer or employee by filling a sworn written complaint (verified); 2. Office of the President or any government agency duly authorized by law to ensure that LGUs act within their prescribed powers and functions. (ADMINISTRATIVE ORDER NO. 23, Rule 3 Sec. 1, December 17, 1992) Q: Where should an administrative complaint be filed? 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 207 UST GOLDEN NOTES 2011 A: A verified complaint shall be filed with the following: 1. Office of the President – against elective official of provinces, HUC, ICC, component cities. 2. Sangguniang Panlalawigan – elective officials of municipalities; and...
View Full Document