Ramir Pablico

vs.
Alejandro Villapando

Grounds for disciplinary action under the local

government code
 Mendoza Et Al vs. Laxina Sr.
Facts:
• Maagad and Fernandez both members of the
Sangguniang Bayan of San Vicente Palawan filed
with the Sangguniang Panlalawigan of Palawan an
administrative complaint against respondent
Villapando, then Mayor of San Vicente Palawan
for abuse of authority and culpable violation of
the consititution, by entering on a consultancy
agreement amounting to appointment to
government position within one-year period of a
defeated mayoralty candidate on the 1998
elections.
 Mendoza Et Al vs. Laxina Sr.

• Sangguniang Panlalawigan found respondent

guilty of the administrative charge and
imposed a penalty of dismissal from service.
• Respondent appealed to the Office of the
President , but affirmed the Sangguniang
Panlalawigan’s decision.
• Petitioner Pablico who was then Vice-Mayor
of San Vicente Palawan took his oath of office
as the Municipal Mayor.
 Mendoza Et Al vs. Laxina Sr.
• Respondent opposed oath taking by filing a
petition for its annulment.
• A temporary restraining order was granted
initially by RTC but extension was denied
allowing petitioner to resume his assumption
of office and function.
• The CA declared void the decision of the
Office of the President and the Sangguniang
Panlalawigan and ordered petitioner to vacate
the office of the Mayor.
 Mendoza Et Al vs. Laxina Sr.

Issue:
Whether local legislative bodies or the Office
of the President validly impose the penalty of
dismissal from service of an elective local
official?
 Mendoza Et Al vs. Laxina Sr.
• Ruling:
• No, local legislative bodies nor the office of the
President may impose the penalty of dismissal
from service of an elective local official.
• Section 60 of the Local Government Code of
1991 provides that an elective local official may
be disciplined, suspended or removed from office
on any of the following grounds. … An elective
local official may be removed from office on the
grounds enumerated above by the order of the
proper court.
 Mendoza Et Al vs. Laxina Sr.
• It is clear that the penalty of dismissal from service
upon an erring elective local official may be declared
only by a court of law. The office of the president is
without any power to remove elected officials for such
power is exclusively vested in the proper court.
• Article 124(b), Rule X1X of Rules and Regulations
Implementing the Local Government Code adds that
“by order of the proper court or the disciplining
authority whichever first acquires jurisdiction to the
exclusion of the other.” Is void. Implementing rules
should conform and not clash with the law that they
implement, for a regulation which operates to create a
rule out of harmony with the statute is a nullity.