Rno48321aug311946 q what is the requirement for the

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Unformatted text preview: is suspension or removal and the respondent wins such appeal, he shall be considered as having been under preventive suspension and shall be paid the salary and such other emoluments that he did not receive by reason of the suspension or removal. A decision of the Office of the Ombudsman in administrative cases shall be executed as a matter of course. (Office of the Ombudsman vs. Samaniego, G.R. No. 175573, October 5, 2010) 3.d. Recall Q: What is recall? A: It is a mode of removal of a public officer by the people before the end of his term. The people’s prerogative to remove a public officer is an incident of their sovereign power, even in the absence of constitutional restraint; the power is 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 209 UST GOLDEN NOTES 2011 implied in all governmental operations. (Garcia v. Comelec, G.R. No. 111511 October 5, 1993) Note: Expenses for the conduct of recall elections: Annual General Appropriations Act has a contingency fund at the disposal of the COMELEC (Sec. 75, LGC) Q: What is the ground for recall? Is this subject to judicial inquiry? A: The only ground for recall of local government officials is loss of confidence. No, it is not subject to judicial inquiry, the Court ruled that ‘loss of confidence’ as a ground for recall is a political question. (Evardone v. COMELEC, G.R. No. 94010 Dec. 2, 1991). Q: Upon whom and how may a recall be initiated? A: 1. Who: any elective a. Provincial b. City c. Municipal d. Barangay official 2. How: by a petition of a registered voter in the LGU concerned and supported by the registered voters in the LGU concerned during the election in which the local official sought to be recalled was elected. (Sec....
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