XV. LAW ON LOCAL GOVERNMENTS

E. Local Elective and Appointive Officials

This section deals with the provisions on local elective and appointive officials under Republic Act No. 7160, otherwise known as the Local Government Code of 1991 (LGC), and other relevant laws and jurisprudence.

1. Categories of Local Officials

Local officials are divided into elective and appointive officials. Both categories have distinct qualifications, duties, functions, and accountability mechanisms.

A. Elective Officials

Elective Local Officials include the following:
- Provincial Level: Governor, Vice Governor, Sangguniang Panlalawigan Members.
- City Level: City Mayor, City Vice Mayor, Sangguniang Panlungsod Members.
- Municipal Level: Municipal Mayor, Municipal Vice Mayor, Sangguniang Bayan Members.
- Barangay Level: Barangay Captain and Sangguniang Barangay Members.
- Sangguniang Kabataan (SK): SK Chairperson and SK Members at the barangay level.
Qualifications for Elective Officials:
- Citizenship: Must be a Filipino citizen.
- Age: Varies by position:
  - Governor, Vice Governor, Mayor, Vice Mayor: at least 23 years old.
  - Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang Bayan Members: at least 21 years old.
  - Barangay and SK Officials: at least 18 years old.
- Residency: Must be a resident of the locality for at least one year immediately preceding the day of the election.
- Voter Registration: Must be a registered voter in the locality.
- Literacy: Must be able to read and write Filipino, English, or any local dialect.
Term of Office:
- Elective local officials serve a three-year term, with a maximum of three consecutive terms for the same position, per Section 43 of the LGC.
- The term limits rule has been interpreted strictly by the Supreme Court to prevent circumvention (e.g., switching positions between family members, etc.).
Powers and Functions of Elective Officials:
- The LGC provides detailed descriptions of the executive and legislative powers conferred upon local officials, such as:
  - Governor and Mayor: Chief executives of the province and city/municipality, respectively. They have powers of supervision, control, and appointment over local offices, as well as general administrative powers.
  - Vice Governor and Vice Mayor: Preside over the Sangguniang Panlalawigan and Sangguniang Panlungsod/Bayan and assume the governor’s/mayor’s duties in case of permanent or temporary vacancy.
  - Sanggunian Members: Exercise legislative powers such as passing ordinances, approving budgets, and creating programs for local development.
Vacancies:
- Vacancies in elective positions are filled according to the rule of succession (Section 44, LGC). When the governor, mayor, or barangay captain dies, is permanently disabled, or resigns, the vice governor, vice mayor, or barangay kagawad (in rank order) will automatically assume the position.
- Temporary vacancies, such as during leave or suspension, are filled by officials in the same order of succession.
Grounds for Disqualification:
- Under Section 40 of the LGC, local elective officials may be disqualified from running or holding office on various grounds:
  - Having been removed from office due to administrative charges.
  - Conviction by final judgment of a crime involving moral turpitude.
  - Mental or physical incapacity to discharge the duties of the office.

B. Appointive Officials

Appointive Local Officials:
- These are individuals appointed by elective officials to assist in the day-to-day operations of local government units (LGUs). Positions include:
  - Provincial, City, and Municipal Treasurers, Assessors, Health Officers, Planning and Development Coordinators, Accountants, Civil Registrars, and Social Welfare Officers.
  - Barangay Secretary and Barangay Treasurer at the barangay level.
Qualifications for Appointive Officials:
- Vary depending on the office but typically include:
  - Educational and professional qualifications, such as relevant degrees and licensures (e.g., licensed civil engineer for the City Engineer position).
  - Good moral character and relevant experience in the field.
Appointment Process:
- Appointment of department heads in provinces, cities, and municipalities is the prerogative of the local chief executive (governor, mayor) and is subject to concurrence by the Sanggunian.
- Appointments must comply with the Civil Service Law and the merit and fitness principle outlined in the Constitution.
Duties and Functions of Appointive Officials:
- Appointive officials perform administrative, technical, and regulatory functions, depending on their specific roles. For instance:
  - The Local Treasurer collects taxes and revenue.
  - The Assessor manages property assessment and taxation.
  - The Health Officer oversees public health programs and services.
- They also act as advisors to the local chief executives in their respective technical capacities.
Tenure:
- Appointive officials do not have fixed terms. Their tenure is subject to the discretion of the appointing authority but is governed by Civil Service regulations. Dismissal or discipline must follow due process.

2. Administrative Discipline of Local Officials

A. Elective Officials

Elective officials can be disciplined for violations of the Local Government Code or other laws:

Grounds for Disciplinary Action (Section 60, LGC):
- Dishonesty, misconduct in office, gross negligence, or dereliction of duty.
- Abuse of authority, oppression, or acts contrary to law.
- Commission of an offense involving moral turpitude.
Disciplinary Authorities:
- The Sangguniang Panlalawigan or Sangguniang Panlungsod can initiate disciplinary actions against their members, while the President can suspend or remove provincial officials.
- The Office of the Ombudsman also has concurrent jurisdiction to investigate and prosecute local officials.
Suspension and Removal:
- A preventive suspension may be imposed for not more than 60 days (Section 63, LGC).
- Removal is only allowed after due process, including formal charges and an investigation.

B. Appointive Officials

Appointive officials are subject to disciplinary action under the Civil Service Law and the Administrative Code of 1987. Grounds for dismissal or suspension include inefficiency, insubordination, or conduct prejudicial to the best interest of the service.

3. Accountability and Ethical Standards

Public Accountability:
- Local officials are subject to Republic Act No. 6713 (the Code of Conduct and Ethical Standards for Public Officials and Employees), which mandates standards such as:
  - Transparency in decision-making and public access to information.
  - Prohibition against conflicts of interest.
  - Full disclosure of financial and business interests.
Criminal Liability:
- Officials may face criminal charges for violations of anti-graft laws, such as Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act).
- Other laws such as Republic Act No. 7080 (Plunder Law) and Republic Act No. 10121 (Disaster Risk Reduction and Management Act) may also impose liabilities on local officials in relation to the misuse of public funds or dereliction of duty during emergencies.

4. Jurisprudence

Several important Supreme Court rulings interpret provisions on local elective and appointive officials. For instance:

Aldovino v. COMELEC (2010) clarified the strict enforcement of term limits.
Paredes v. Sandiganbayan (2014) underscored the liability of local officials for graft and corruption offenses.

This section on local elective and appointive officials provides a comprehensive understanding of the framework governing local governance in the Philippines. Local officials, whether elected or appointed, play a crucial role in the political and administrative functions of LGUs, with their responsibilities, qualifications, powers, and liabilities clearly outlined in both law and jurisprudence.