E. Local Elective and Appointive Officials

Vacancies and Succession of Local Officials

Qualifications:

• Filipino Citizen
• Registered Voter in the:
• Barangay, municipality, city or province where he intends to be elected
• District where he intends to be elected in case of a member of the Sangguniang Panlalawigan, Sangguniang Panlungsod or Sangguniang Bayan
• Resident therein for at least 1 year immediately preceding the day of the election
• Able to read and write Filipino or any other local language or dialect
• Age requirement

Disqualifications for Local Elective Officials:

• Those sentenced by final judgment for an offense involving moral turpitude, or for an offense punishable by 1 year or more of imprisonment within 2 years after serving their sentence.
• Those removed from office as a result of an administrative case
• Those convicted by final judgment for violating the oath of allegiance to the Republic.
• Those with dual allegiance. Dual citizenship by birth alone does not disqualify a candidate; a person who reacquired Philippine citizenship must comply with the applicable requirements for seeking elective office. (RA 7160, Sec. 40(d); Mercado v. Manzano, G.R. No. 135083, May 26, 1999; RA 9225, Sec. 5(2))
• Fugitives from justice in criminal or non-political cases here or abroad
• Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of this code.
• The insane or feeble minded

Applies when:

• After the issues are joined
• When the evidence of guilt is strong.
• Considering the gravity of the offense, there is great probability that the continuance in office could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence.

Removal

An elective official may be removed by order of the proper court.

The penalty of removal from office as a result of administrative investigation shall be considered a bar to the candidacy of the respondent for any elective position.

Local elective officials cannot be removed by local legislative bodies or the Office of the President.

Art. 124 (b), Rule XIX of the Rules and Regulations Implementing the LGC, which states that “an elective local official may be removed from office by order of the proper court or the Disciplining Authority whichever first acquires jurisdiction to the exclusion of the other” is void for being repugnant to Sec. 60, LGC.

If appointive official, the Office of the President may remove him or her from his or her position. (Pablico v. Villapando, G.R. No. 147870, June 7, 2004).