Republic of the philippinesviacgrno75042nov291988 q

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Unformatted text preview: icial? A: Three (3) years starting from noon of June 30 following the election or such date as may be provided by law, except that of elective barangay officials, for maximum of 3 consecutive terms in same position (Section 43, LGC). The term of office of Barangay and Sangguniang Kabataan elective officials, by virtue of R.A. No. 9164, is three (3) years. Q: What is the term limit of Barangay officials? A: The term of office of barangay officials was fixed at three years under R.A. No. 9164 (19 March 2002). Further, Sec.43 (b) provides that "no local elective official shall serve for more than three (3) consecutive terms in the same position. The Court interpreted this section referring to all local elective officials without exclusions or exceptions. (COMELEC v. Cruz, G.R. No. 186616, Nov. 19, 2009) 3.f. Appointive Officials Q: May a governor designate an acting assistant treasurer? A: No. Under the LGC and Revised Administrative Code, provincial governor is not authorized to appoint or even designate a person in cases of temporary absence or disability. Power resides in the President or Secretary of Finance. (Dimaandal v. COA G.R. No. 122197, June 26, 1998) Q: May the mayor of Olongapo be appointed as SBMA chairman for the first year of operation? A: No. This violates constitutional prohibition against appointment or designation of elective officials to other government posts. Appointive officials may be allowed by law or primary functions of his position to hold multiple offices. Elective officials are not so allowed, except as otherwise recognized in the Constitution. The provision also encroaches on the executive power to appoint. (Flores v. Drilon, G.R. No. 104732, June 22, 1993) Q: What is the role of CSC in appointing officials? A: CSC cannot appoint but can determine qualification. In disapproving or approving appointments, CSC only examines: 1. The conformity of the appointment with applicable provisions of law; 2. Whether or not appointee possesses the minimum qualifications and non...
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