Term of office for loss of confidence and no recall

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Unformatted text preview: ds sought to be levied under execution are already allocated by law specifically for the satisfaction of the money judgment against the government. In such a case, the monetary judgment may be legally enforced by judicial processes. (City of Caloocan v. Allarde, G.R. No. 107271, September 10, 2003) Q: What are the requisites of a valid municipal contract? 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 199 UST GOLDEN NOTES 2011 A: 1. 2. The local government unit has the express, implied or inherent power to enter into the particular contract The contract is entered into by the proper department board, committee, officer or agent. Note: No contract may be entered into by the local chief executive on behalf of the local government without prior authorization by the sanggunian concerned, unless otherwise provided. (Sec 22(c) R.A. 7160) 3. The contract must comply with certain substantive requirements: a. Actual appropriation; and b. certificate of availability of funds 4. The contract must comply with the formal requirements of written contracts Note: This includes the power to acquire and convey properties by the LGU through written contracts. Q: What are ultra vires contracts? A: These are contracts entered into without the first and third requisites. Such are null and void and cannot be ratified or validated. Q: What documents must support the contract of sale entered into by the LGU? A: 1. Resolution of the sanggunian authorizing the local chief executive to enter into a contract of sale. The resolution shall specify the terms and conditions to be embodied in the contract; 2. Ordinance appropriating the amount specified in the contract 3. Certification of the local treasurer as to a...
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This document was uploaded on 03/12/2014.

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