Polytechnic University of the Philippines

College of Law
Law on Public Corporation
Course Outline
Atty. Karlo Krisanto B. Inocencio1

A. GENERAL PRINCIPLES

1. What are the territorial and political subdivisions of the Republic of the Philippines?
2. What do territorial and political subdivisions shall enjoy under the 1987 Philippine
Constitution?
3. What are the characteristics of a local government code to be enacted by the Congress as
mandated by the 1987 Philippine Constitution?
4. Who shall exercise general supervision over local governments?
5. Are local governments allowed to create its own source of revenue?
6. What are the limitations to the power mentioned in No. 5?
7. Are local governments entitled to a just share in national taxes?
8. How does such share be released to local governments?
9. Are local governments entitled to an equitable share in the proceeds of the utilization and
development of national wealth?
10. How long is the term of office of an elective local official?
11. What is the effect of voluntary renunciation of an elective local official’s office?
12. Are legislative bodies of local government allowed to have sectoral representations?
13. May a province, city, municipality, or barangay be created, divided, merged, abolished, or
its boundary substantially altered?
14. Can the Congress create special metropolitan political subdivisions?
15. May local government units group themselves or consolidate or coordinate their efforts,
services and resources?
16. What shall the President provide for purposes of administrative decentralization?
17. What is/are the purpose/s of these councils and bodies in relation to no. 17?
18. What are the characteristics of autonomous regions to be created under the 1987 Philippine
Constitution?
19. Who shall exercise general supervision over autonomous regions?
20. In relation to no. 19, what shall be ensured in the exercise of general supervision?
21. To whom all powers, functions and responsibilities not granted by the Constitution be
vested?
22. What shall the Congress enact for each autonomous region?
23. Who shall be responsible for the preservation of peace and order within the regions?
24. What is a corporation?
25. Define the classes of corporations according to purpose:
a. Public Corporation
i. Municipal Corporation

1 JurisDoctor Law, San Sebastian College-Recoletos Manila, Institute of Law; AB / Political Science, University of the East Manila,
graduated Magna cum Laude; Licensed Professional Teacher; National Lecturer for Licensure Examination for Teachers (major in
Social Studies) and Civil Service Examination; Litigation lawyer, labor and corporate management consultant; former Vice
President for Administration of City of Malabon University; Government Lawyer, Department of Budget and Management;
Professor and Lecturer, Masters in Public Administration, Philippine Christian University; Labor Law Lecturer, Business Coach, Inc.
 ii. Quasi-corporation
b. Private Corporation
i. Quasi-public corporation
26. Are all corporations which are not government owned or controlled ipso facto private
corporations? (Boy Scout of the Philippines v. COA, G.R. No. 177131, June 7, 2011)
27. Is Philippine National Red Cross (PNRC) classified as an instrumentality of the state?
(Liban v. Gordon, G.R. No. 175352, January 18, 2011)
28. Distinguish Public v. Private corporation:
a. As to purpose
b. As to manner of creation
c. As to source of right
29. What is a government owned and controlled corporation (GOCC)?
30. What is a GOCC with a charter?
31. What is a GOCC without a charter? (Feliciano v. Commission on Audit, G.R. No. 147402,
January 14, 2004)
32. Does GOCC fall under the classification of a public corporation?
33. What are the tests to determine whether a corporation is GOCC or private in nature?
34. What is charter test? Is there an exception in the charter test? (Philippine Society for the
Prevention of Cruelty to Animals v. Commission on Audit, et.al. G.R. No. 169752, 25
September 2007)
35. What is the purpose test?
36. What is the totality test?
37. Distinguish Public Corporations from GOCC
a. As to purpose (NAWASA v. NAWASA Consolidated Unions, G.R. No. L-18939,
August 31, 1964)
b. As to ownership
c. As to manner of creation (Feliciano v. Commission on Audit, supra)
d. As to powers that may be exercised
e. As to personality (Philippine Fisheries Development Authority v. CA, G.R. No.
169836, July 31, 2007; NADECO v. Cebu City, G.R. No. 51593, November 5,
1992)
38. Define Municipal Corporation or Local Government Units
39. What are the elements of a municipal corporation?
40. Do municipal corporations acquire separate and distinct personality from the officers
composing it? (Municipality of Tangkal, Lanao del Norte v. Balindong, G.R. No. 193340,
January 11, 2017)
41. What is the dual nature of municipal corporations? (Sec. 15, LCG)
42. Distinguish the political and proprietary function of municipal corporations. (Vilas v. City
of Manila, 220 U.S. 345, April 3, 1911)
43. What are the types of municipal corporations?
44. What is a municipal corporation by prescription? (Camid v. Office of the President, G.R.
No. 161414, January 17, 2005)
45. What is a de jure municipal corporation?
46. What is a de facto municipal corporation?
47. What are the requisites of a de facto municipal corporation?
48. What does the principle of local autonomy mean? (Basco v. PAGCOR, G.R. No. 91649,
May 14, 1991)
49. Does the existence of local government units necessarily change the Philippines’ form of
government from federal to unitary? (Lina v. Pano, G.R. No. 129093, August 30, 2001)
50. What is the characteristic of a local government unit in a unitary system of government
like Philippines? (Limbona v. Mangelin, G.R. No. 80391, February 28, 1989)
51. What is the purpose of delegation of power to local government units? (Pimentel, Jr. v.
Ochoa, G.R. No. 195770, July 17, 2012)

B. LOCAL GOVERNMENT CODE (R.A. 7160)

52. Under Sec. 2 of the Local Government Code, what are the policies of the state with respect
local government units?
53. What is the operative principle of decentralization?
54. What is the concept of associative relationship or association? (Province of North Cotabato
v. Government of the Republic of the Philippines Peace Panel on Ancestral Domain, G.R.
No. 183591, October 14, 2008)
55. Is the concept of associative relationship or association constitutional? (Province of North
Cotabato v. Government of the Republic of the Philippines Peace Panel on Ancestral
Domain, supra)
56. What are. The limitations on the local autonomy of LGUs? (1987 Philippine Constitution,
Art. X, Sec. 4; Dadole v. COA, G.R. No. 125350, December 3, 2002)
57. What are the salient features of the Local Government Code? (LGC, Sec. 17)
58. What are the kinds of autonomy? (Limbona v. Mangelin, supra)
59. What are the three forms of decentralization?
60. What is devolution? (CSC v. Yu, G.R. No. 189041, July 31, 2012; Disomangcop v.
Datumanong, G.R. No. 149848, November 25, 2004)
61. What is deconcentration? (Disomangcop v. Datumanong, supra)
62. What is debureaucratization?
63. What is local fiscal autonomy? (Pimentel v. Aguirre, G.R. No. 132988, July 19, 2000)
64. What is Internal Revenue Allotment (IRA)? (Alvarez v. Guingona, G.R. No. 118303,
January 31, 1996)
65. Can the President of the Philippines exercise power over LGU on fiscal matters? (Pimentel
v. Aguirre, supra)
66. What are the requisites for the exercise of president’s power of fiscal interference over
LGUs? (Pimentel v. Aguirre, supra)
67. What are the territorial and political subdivisions enjoying local autonomy? (LGC, Secs.
384, 440, 448 and 459; 1987 PH Constitution Art. X Secs. 11 and 15)
68. What are the roles of local government units? (LGC, Secs. 384, 440, 448 and 459)

C. CREATION, CONVERSION, DIVISION, MERGER AND CONSOLIDATION,

AND ABOLITION OF LGUs

69. How may an LGU be created, divided, merged, and abolished, or its boundaries otherwise
substantially altered? (LGC, Sec. 6)
70. Can the Congress validly delegate to an LGU the power to create legislative districts?
(Sema v. COMELEC, G.R. No. 177597, July 16, 2008)
71. Is plebiscite a requirement for the creation, conversion, division, merger, abolition and
substantial alteration of a local government unit? (1987 PH Constitution, Art X, Sec. 10;
LGC, Sec. 10; Tan v. COMELEC, G.R. No. 73155, July 11, 1986)
72. What is the effect of a boundary dispute in relation to creation, conversion, division,
merger, abolition and substantial alteration of a local government unit? (City of Pasig v.
COMELEC, G.R. No. 125646, September 10, 1999)
73. What should be the basis in the creation and conversion of LGUs? (LGC, Sec. 7)
74. What are the essential requisites for the creation and conversion of municipal corporations?
(LGC, Secs. 6,7, and 10)
75. What are the verifiable indicators for the creation or conversion of an LGU? (LGC, Sec. 7;
Mariano v. COMELEC, G.R. No. 118577, March 7, 1995)
76. Under the law, how may a barangay be created? (LGC, Secs. 385 and 386 [a])
77. Under the law, how may a municipality be created? (LGC, Secs. 441 and 442)
78. Under the law, how may a component city be created? (LGC, Secs. 449 and 450)
79. What are independent component cities? (LGC, Sec. 451)
80. What are the so-called cityhood laws? (League of Cities of the Philippines v. COMELEC,
G.R. No. 176951, February 15, 2011)
81. Are these cityhood laws valid and constitutional? (League of Cities of the Philippines v.
COMELEC, supra)
82. Did the cityhood laws violate the equal protection clause? (League of Cities of the
Philippines v. COMELEC, supra)
83. May a component city be converted into a highly urbanized city? What are the requisites?
(LGC, Sec. 453)
84. May qualified voters of highly urbanized cities vote for elective provincial officials? (LGC,
Sec. 452)
85. Under the law, how may a province be created? (LGC, Secs. 460 and 461)
86. Is there a valid exception on the provisions of the LGC specifically Sec. 461? (Navarro
et.al. v. Executive Secretary Ermita, G.R. No. 180050, April 12, 2011)
87. Is land area, as indicator of viability of LGU, conclusive? (Navarro et.al. v. Executive
Secretary Ermita, supra)
88. How may a sub-province be converted into a province? (LGC, Sec. 462)
89. Is R.A. 6734 valid? (Abbas v. COMELEC, G.R. No. 89651, November 10, 1989)
90. Is R.A. 6766 valid? (Ordillo v. COMELEC, G.R. No. 93054, December 4, 1990)
91. What is the nature of Special Metropolitan Political Subdivision such as MMDA? (MMDA
v. Bel-Air Village Association, Inc., G.R. No. 135962, March 27, 2000)
92. What are the requirements for the division and merger of LGU? (LGC, Sec. 8)
93. When is an LGU deemed abolished? (LGC, Sec. 9)
94. Who has the absolute power to alter and dissolve a municipal corporation? (LGC, Sec. 6)
95. How may the alteration or dissolution of a municipal corporation be made? (LGC, Sec. 6)
96. Under the law, how may an LGU, public places, streets, and structures be named? (LGC,
Sec. 13)
97. What are the limitations in naming LGU, public places, streets, and structures? (LGC, Sec.
13)
D. GENERAL ATTRIBUTES AND POWERS OF LGUs

98. What are the sources of power of municipal corporations?

99. How may the provisions of the Local Government Code be interpreted? (LGC, Sec. 5)
100. Can LGUs exercise police power? (LGC, Sec. 16; Binay v. Domingo, G.R. No. 92389,
September 11, 1991)
101. What is the General Welfare Clause? (LGC, Sec. 16)
102. What are the distinctions between General Legislative Power and Police Power?
(Mosqueda v. Pilipino Banana Growers and Exporters Association, Inc., G.R. No.
189185, August 16, 2016)
103. What are the limitations on LGUs’ delegated legislative power?
a. Express Grant by law (MMDA v. Bel-Air Village Association, Inc., supra)
b. Must not be contrary to law (Lina v. Dizon-Paño G.R. No. 129093, August 30,
2001)
c. Territoriality (People v. Gozo, G.R. No. L-36409, October 26, 1973)
d. Equal protection clause (People v. Gabriel, G.R. No. 18838, July 25, 1922)
e. Due process clause (City of Manila v. Laguio, Jr., G.R. No. 118127, April 12, 2005)
104. What are the tests to determine the validity of police power measure? (NTC v. Philippine
Veterans Bank, G.R. Nos. 84132-33, December 10, 1990; Mosqueda v. Pilipino Banana
Growers and Exporters Association, Inc., supra; Social Justice Society v. Atienza, G.R.
No. 156052, February 3, 2008; City of Bacolod v. Phuture Visions Co., Inc., G.R. No.
190289, January 17, 2018; Mayor Cayabyab v. Dimson, G.R. No. 223862, July 10, 2017)
105. What is the obligation of LGU with respect provisions of basic services and facilities?
(LGC, Sec. 17)
106. How may the LGU exercise the power of expropriation? (LGC, Sec. 19; City of Manila
v. Chinese Community, G.R. No. L-14355, October 31, 1919; Municipality of Parañaque
v. V.M. Realty Corp., G.R. No. 127820, July 20, 1998)
107. What are the requisites for the valid exercise of the power to expropriate?
108. Should the power of expropriation be exercised through an ordinance? (Moday v. CA,
G.R. No. 107916, February 20, 1997; LGC, Sec. 19)
109. What is just compensation? (Republic v. CA, G.R. No. 146587, July 2, 2002)
110. How may just compensation be determined? (City of Cebu v. Dedamo, G.R. No. 142971,
May 7, 2002)
111. Can the LGU take immediate possession of the property intended to be expropriated?
(Province of Camarines Sur v. CA, G.R. No. 103125, May 17, 1993)
112. Where do private lands rank in order or priority for purposes of expropriation? (Estate or
Heirs of the Late Ex-Justice Jose B.L. Reyes v. City of Manila, G.R. No. 132431,
February 13, 2004)
113. Can LGUs exercise power of taxation? (1987 PH Constitution, Art. X, Sec. 5; LGC, Sec.
18)
114. What are the limitations to the LGUs exercise of power of taxation? (Batangas City v.
Pilipinas Shell Petroleum Corp., G.R. No. 187631, July 8, 2015; Icard v. City Council of
Baguio, G.R. No. L-1281, May 31, 1949)
115. May LGUs power to raise revenues be limited by an administrative order? (Philippine
Petroleum Corp. v. Municipality of Pililia, G.R. No. 90776, June 3, 1991)
116. What are the fundamental principles of local taxation? (LGC, Sec. 130)
117. Do LGUs have the authority to tax national government? (Basco v. PAGCOR, supra;
MIAA v. CA, G.R. No. 155650, July 20, 2006)
118. Are LGUs entitled to share of national internal revenue? (LGC, Secs. 284 and 285)
119. What should be the basis of LGUs IRA? (Mandanas et.al. v Ochoa, Garcia Jr. v. Ochoa,
G.R. No. 208488, July 3, 2018) 50
120. Does the DOJ Secretary have the power to review and revoke legality of tax ordinances?
(LGC, Sec. 187; Drilon v. Lim, G.R. No. 112497, August 4, 1994)
121. What are the corporate powers of LGUs? (LGC, Sec. 22)
122. Can LGUs acquire properties? (Macasiano v. Diokno, G.R. No. 97764, August 10, 1992)
123. Can LGUs enter into a contract? What are the requirements in the exercise of such power?
(Land Bank of the Philippines v. Cacayuran, G.R. No. 191667, April 17, 2013)
124. What is an ultra vires act?
125. What are the two kinds of ultra vires act?
126. May the doctrine of estoppel be applied to municipal corporations? (Favis v. Municipality
of Sabangan, G.R. No. L-26522, February 27, 1969)
127. Distinguish void ultra vires and ultra vires irregularity. (Land Bank of the Philippines v.
Cacayuran, supra)
128. May a city mayor enter into a contract? (Lao v. LGU of Cagayan de Oro City, G.R. No.
187869, September 13, 2017; City Council of Cebu v. Cuizon, G.R. No. L-28972,
October 31, 1972)
129. May an LGU be held liable for breach of contractual obligations? (City of Manila v. IAC,
G.R. No. 71159, November 15, 1989)
130. In LGUs exercise of power to sue and be sued, may LGU be represented by the a private
lawyer? ((LGC, Sec. 481 par. b, 3[i])
131. Are there exceptions? (Ramos v. CA, G.R. No. 99425, March 3, 1997; Municipality of
Pililia v. CA, G.R. No. 105909, June 28, 1994)
132. Do LGUs have the power to reclassify lands? (LGC, Sec. 20, par. A)
133. Do LGUs need to obtain the approval of the Department of Agriculture to convert or
reclassify lands? (Fortich v. Corona, G.R. No. 131457, November 17, 1998)
134. What are the requisites of road’s permanent or temporary closure? (LGC, Sec. 21, Pars.
[a][b][c])
135. Does the local chief executive have the authority to secure and negotiate grants? (LGC,
Secs. 23 and 455 par. (b)(1)(vi))
136. Do LGUs exercise legislative power?
137. Who may exercise local legislative power?
138. Distinguish ordinance from resolution. (Sps. Yusay v. CA, G.R. No. 156684, April 6,
2011)
139. What are the requisites of a valid ordinance? (Tatel v. Municipality of Virac, G.R. No.
40243, March 11, 1992)
140. Who are allowed to be presiding officers in the respective Sanggunian? (LGC, Sec. 49,
par. a)
141. How often should a regular session be conducted? (LGC, Sec. 52, par. b)
142. When may a special session be conducted? (LGC, Sec. 52, par. d)
143. Should all sessions be opened to the public? LGC, Sec. 52, par. c)
144. When is there a quorum? (LGC, Sec. 53, par. A)
145. When is there no quorum? (LGC, Sec. 53, par. [b][c])
146. What are the steps in the approval of ordinance? (LGC, Secs. 54 and 55)
147. Can a Barangay Chairman veto an ordinance? (LGC, Sec. 54, par. c)
148. How may the Sangguniang Panlalawigan review the ordinances enacted or resolutions
issued by component city and municipality? (LGC, Sec. 56, par. a and c)
149. When shall an ordinance or resolution take effect? (LGC, Sec. 59, par. a)
150. May an LGU exercise the power to grant license? (Pedro v. provincial Board of Rizal,
G.R. No. 34163, September 18, 1931)
151. What are the kinds of municipal license? (G.A. Cunjieng v. Patstone, G.R. No. L-16254,
February 21, 1922)
152. Distinguish power to tax and power to license.
153. What is a local initiative? (LGC, Secs. 120 and 121)
154. What is the procedure for the exercise of local initiative? (LGC, Secs. 122 and 123)
155. What are the limitations in the exercise of local initiative? (LGC, Sec. 124)
156. What is a local referendum? (LGC, Sec. 126)
157. Distinguish Initiative and Local Referendum

E. MUNICIPAL LIABILITIES

158. Are LGUs exempted from liabilities? (U.S. v. Guinto, G.R. No. 76607, February 26,
1990)
159. What is the Doctrine of Implied Municipal Liability? (Province of Cebu v. IAC, G.R. No.
72841, January 29, 1987)
160. What is the limitation in the application of the doctrine? (San Diego v. Municipality of
Naujan, G.R. No. L-9920, February 29, 1960)
161. May an LGU be liable for torts in its exercise of governmental functions? (Municipality
of San Fernando v. Judge Firme, G.R. No. L-52179, April 8, 1991)
162. May an LGU be held liable for torts in its exercise of proprietary functions? (Mendoza v.
De Leon, G.R. No. L-9596, February 11, 1916; Torio v. Fontanilla, G.R. No. L-29993,
October 23, 1978; Abella v. Municipality of Naga, G.R. No. L-3738, November 20, 1951)

F. INTERGOVERNMENTAL RELATIONS

163. What is the power of general supervision? (National Liga ng mga Barangay v. Paredes,
G.R. No. 130775, September 27, 2004; Planas v. Gil, G.R. No. L-46440, January 18,
1939)
164. Who shall exercise the power of general supervision over LGUs?
165. May the Secretary of Justice exercise control over LGUs? (Drilon v. Lim, supra)
166. Distinguish power of control from power of general supervision.
167. Do the local chief executives have the authority to exercise operational supervision over
PNP and other personnel? (LGC, Sec. 28; Andaya v. RTC, G.R. No. 126661, December
3, 1999)

G. SETTLEMENT OF BOUNDARY DISPUTES

168. Under the Local Government Code, what are the rules on the settlement of boundary
disputes? (LGC, Sec. 118; National Housing Authority v. COSLAP, G.R. No. 142601,
October 23, 2006)
169. What are the actions available in the settlement of boundary disputes? (LGC, Sec. 118
par. e; Sec. 119; Barangay Mayamot , Antipolo City v. Antipolo City, G.R. No. 187349,
August 17, 2016)

H. LOCAL OFFICIALS

170. What are the local elective positions under the LGC?
a. Barangay
b. Municipality
c. City
d. Province
e. Sectoral Representative
171. What are the qualifications of an elective local official? (LGC, Sec. 39; Japzon v.
COMELEC, G.R. No. 180088, January 19, 2009)
172. Who are disqualified to an elective local post? (LGC, Sec. 40; Jalosjos Jr. v. COMELEC,
G.R. No. 193237, 193536, October 9, 2012; Mercado v. Manzano, G.R No. 135083, May
26, 1999; Valles v. COMELEC, G.R. No. 137000, August 9, 2000; Frivaldo v.
COMELEC, G.R. No. 120295, June 28, 1996; Marquez v. COMELEC, G.R. No. 112889,
April 18, 1995; Rodriguez v. COMELEC, G.R. No. 120099, July 24, 1996)
173. What is the three-term limit rule? (Socrates v. COMELEC, G.R. No. 154512, November
12, 2002; Bolos Jr. v. COMELEC, G.R. No. 184082, March 17, 2009)
174. When does the three-term limit rule apply? (Borja v. COMELEC, G.R. No. 133495, Sept.
3, 1998)
175. What are the existing prohibitions and inhibitions applicable to an elective and appointive
local official? (Flores v. Drilon, G.R. No. 104732, June 22, 1993; Javellana v. DILG, G.R.
No. 102549, August 10, 1992; Catu v. Rellosa, A.C. No. 5738, February 19, 2008; LGC,
Secs. 89, 90 [a][b][c])

I. VACANCIES AND SUCCESSION

176. When is there a permanent vacancy? (LGC, Sec. 44)

177. What are the rules of succession in case of permanent vacancy? (LGC, Sec. 44, pars.
[b][c])
178. What is the second-placer rule?
179. Are there exceptions in the second-placer rule? (Omnibus Election Code, Secs. 68, 69,
and 78; Maquiling v. COMELEC, G.R. No. 195649, April 16, 2013)
180. How may a permanent cavancy in the Sanggunian be filled? (LGC, Sec. 45 par. a)
181. What are the requirements for the appointee in case of permanent vacancy in the
Sanggunian? (LGC, Sec. 45 par. b)
182. What id the Sanggunian member is not a member does not belong to any political party?
(LGC, Sec. 45 par. c)
183. What does the law mean by “last vacancy in the Sanggunian”? (LGC, Sec. 45 par. b;
Navarro v. CA, G.R. No. 141307, March 28, 2001)
184. How may a vacancy in the representation of the barangay in the Sanggunian be filled?
(LGC, Sec. 45 par. d)
185. Will there be a vacancy in the position of a vice-governor who is concurrently acting as
the governor? (Gamboa v. Aguirre, G.R. No. 134213, July 20, 1999)
186. How may the compensation and leave privilege of local officials shall be determined?
(LGC, Sec. 81)
187. When is a resignation of elective local official be considered effective? (LGC, Sec. 82
pars. [a][b][c])

J. DISCIPLINE OF LOCAL OFFICIALS

188. What are the grounds for disciplinary actions of elective local official? (LGC, Sec. 60;
Aguinaldo v. Santos, G.R. No. 94115, August 21, 1992)
189. Does the power to discipline include the power to remove? (Publico v. Villapando, G.R.
No. 147870, July 31, 2002)
190. In whose jurisdiction a verified complaint against a elective local official be filed? (LGC,
Sec. 45 pars. [a][b][c])
191. Does the President have the power to discipline local officials? (Ganzon v. CA, G.R. No.
93252, August 5, 1991)
192. Distinguish disciplining authority from investigsting authority. (Joson v. Torres, G.R. No.
131255, May 20, 1998)
193. Is there a necessity for notice of hearing in case of an administrative complaint filed agaist
an elective local official? (LGC, Sec. 62 pars. [a][b][c])
194. Can the Ombudsman impose administrative sanction against a elective local official?
(Alejandro v. Office of the Ombudsman, G.R. No. 173121, April 3, 2013)
195. May an elective local official be preventively suspended? (LGC, Sec. 63 par. a)
196. May the Office of the Ombudsman impose the same sanction? (RA 6770, Sec. 24; Hagad
v. Gozo-Dadole, G.R. No. 108-72, December 12, 1995)
197. May the court to which a criminal complaint against an elective local official is filed
impose the same sanction? (Talaga Jr. v. Sandiganbayan, G.R. No. 169888, November
11, 2008)
198. When can the sanction of preventive suspension be imposed? (LGC, Sec. 63 par. b)
199. What is the limitation in such preventive suspension? (LGC, Sec. 63 par. b)
200. When may a preventively suspended elective local official be deemed to have been
reinstated? (LGC, Sec. 63 par. c)
201. Should an elective local official who was subjected to preventive suspension receive
salary? (LGC, Sec. 64)
202. What are the rights of the respondent on administrative investigation and disciplinary
proceedings? (LGC, Sec. 65)
203. For how long should the investigation last? (LGC, Sec. 66 par. a)
204. What is the limitation in the imposition of the penalty of suspension? (LGC, Sec. 66 pars.
[b][c])
205. How should suspension be imposed? (Salalima v. Guingona, G.R. No. 117589-92, May
22, 1996)
206. May an elective local official be removed from office upon the order of the Sanggunian?
(LGC, Sec. 60; Sangguniang Barangay of Don Mariano Marcos v. Martinez, G.R. No.
170626, March 3, 2008)
207. How may an elective local official file an appeal? (LGC, Sec. 67)
208. Will such appeal prevent a decision from being executed? (LGC, Sec. 68)
209. Is the so-called bar on midnight appointment applicable to local chief executives? (Sales
v. Carreon, G.R. No. 160791, February 13, 2007)
210. Are all appointments issued after the elections by a defeated officials invalid? (Nazareno
v. City of Dumaguete, G.R. No. 181559, October 2, 2009)

K. RECALL

211. What is recall?

212. What are the limitations on the exercise of recall? (LGC, Sec. 74)
213. How may recall process be initiated? (LGC, Sec. 70 par. a, as amended by RA 9244)
214. What are the procedures for initiating recall? (RA 9244, Sec. 1)
215. What should be the content of the petition for recall? (LGC, Sec. 70 pars. [b][2])
216. When should the election for recall be held? (LGC, Sec. 71)
217. When shall a recall be effective? (LGC, Sec. 73)
218. May an elective local official sought to be recalled resign from his post? (LGC, Sec. 73;
Socrates v. COMELEC, G.R. No. 154152, November 12, 2002)

xxx NOTHING FOLLOWS xxx NOTHING FOLLOWS xxx NOTHING FOLLOWS xxx