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The constitutionality of Sec. 13 (d) of RA 7227 was
challenged as it violates the constitutional proscription
against appointment or designation of elective official to
other government posts. The said provision appointed
Mayor Gordon of Olongapo City as Chairman and Chief
Executive Officer of the Subic Bay Metropolitan Authority.
Sec. 7 (1) Art. IX-B of the Constitution:
No elective official shall be eligible for appointment or
designation in any capacity to any public office or
position during his tenure.
Unless otherwise allowed by law or by the primary
functions of his position, no appointive official shall
hold any other office or employment in the Government
or any subdivision, agency or instrumentality thereof,
including
government-owned
or
controlled
corporations or their subsidiaries.
Held:
The first paragraph uses the word elective while
the second paragraph uses the word appointive. The
exemption allowed to appointive officials in the second
paragraph cannot be extended to elective officials who
are governed by the second paragraph.
Exception:
when the other office is held by the public official in an
ex officio capacity.
There is no violation because such other office does
not comprise any other position. The ex officio
position is actually and, in legal contemplation, part
of the principal office. But the official concerned is
not entitled to receive additional compensation for
his services in the said position because his services
are already paid for and covered by the
compensation attached to his principal office.
(National Amnesty Commission v. COA p. 449
Nachura)
ORTIGAS V. FEATI
DACANAY V. ASSISTIO
JAC | 2016
TORIO V. FONTANILLA
The municipal council passed a resolution resolving to
manage its town fiesta and another resolution creating an
executive committee to organize the said fiesta. The
committee constructed a stage for the zarzuela, however
on the night of the performance, the stage collapsed and
pinning Fontanilla (one of the performers) underneath it.
Fontanilla died the following day. His heirs filed a complaint
to recover damages.
Defendant municipality interposed the defense that as a
legally and duly organized public corporation it performs
sovereign functions and the holding of a town fiesta was an
exercise of its governmental functions from which no
liability can arise to answer for the negligence of any of its
agents.
Issue:
RECALL
Exercised by:
Ground:
loss of confidence
Process/Rules:
FUGITIVE FROM JUSTICE
1.
2.
3.
JAC | 2016
ii.
iii.
iv.
brief narration
justifications
of
the
reasons
and
Held:
To summarize, the term "fugitive from justice" as a ground
for the disqualification or ineligibility of a person seeking to
run for any elective local position under Section 40(e) of the
Local Government Code, should be understood according to
the definition given in the MARQUEZ Decision, to wit:
i.
COMELEC
shall
cause
its
5.
6.
7.
Grounds:
(for discipline, suspension, removal)
See SECTION 60
Preventive suspension may be imposed by:
a.
b.
c.
2.
3.
4.
4.
Plebiscite requirements:
1.
2.
3.
a)
b)
Corporate entity
Proprietary functions
Vulnerable to liabilities on
contracts it enters into
Reclassification of lands:
Verifiable indicators of viability for creation of a LGU:
1.
2.
3.
Income
Population
Land area
1.
2.
3.
4.
JAC | 2016
2.
3.
Eminent Domain
1.
1.
Through an ordinance
If permanent closure:
2.1. Ordinance must be approved by at least 2/3
of all members of the sanggunian
2.2. Adequate substitute for the closed facility is
provided
b.
c.
3.
4.
d.
e.
f.
Sangguniang kabataan
-
JAC | 2016