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Grounds For Disciplinary Actions.: Republic Act No. 7160

The document outlines the grounds for disciplinary actions against elective local officials according to Republic Act No. 7160. An elective local official can be disciplined, suspended, or removed from office for grounds such as disloyalty, culpable violation of the constitution, abuse of authority, and commission of offenses involving moral turpitude. It also describes the process for filing administrative complaints against erring officials depending on their level of office. Sections are included that discuss permanent vacancies in governor, mayor, and other offices and the rules for succession.

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3K views

Grounds For Disciplinary Actions.: Republic Act No. 7160

The document outlines the grounds for disciplinary actions against elective local officials according to Republic Act No. 7160. An elective local official can be disciplined, suspended, or removed from office for grounds such as disloyalty, culpable violation of the constitution, abuse of authority, and commission of offenses involving moral turpitude. It also describes the process for filing administrative complaints against erring officials depending on their level of office. Sections are included that discuss permanent vacancies in governor, mayor, and other offices and the rules for succession.

Uploaded by

justine
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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1. Republic Act No.

7160

Sec. 60. Grounds for Disciplinary Actions. - An elective local official may be


disciplined, suspended, or removed from office on any of the following grounds:

a. Disloyalty to the Republic of the Philippines;

b. Culpable violation of the Constitution;

c. Dishonesty, oppression, misconduct in office, gross negligence, or dereliction


of duty;

d. Commission of any offense involving moral turpitude or an offense punishable


by at least prision mayor;

e. Abuse of authority;

f. Unauthorized absence for fifteen (15) consecutive working days, except in the
case of members of the Sangguniang Panlalawigan, Sangguniang
Panlungsod, Sangguniang bayan, and Sangguniang Barangay;

g. Application for, or acquisition of, foreign citizenship or residence or the status


of an immigrant of another country; and
h. Such other grounds as may be provided in this Code and other laws. An
elective local official may be removed from office on the grounds enumerated
above by order of the proper court.

Sec. 61. Form and Filing of Administrative Complaints. - A verified complaint


against any erring local elective official shall be prepared as follows:

a. A complaint against any elective official of a province, a highly urbanized city,


an independent component city or component city shall be filed before the
Office of the President;

b. A complaint against any elective official of a municipality shall be filed before


the Sangguniang Panlalawigan whose decision may be appealed to the Office
of the President; and

c. A complaint against any elective Barangay official shall be filed before the
Sangguniang Panlungsod or Sangguniang bayan concerned whose decision
shall be final and executory.

Sections 44 and 45 of RA 7160 governing vacancies and succession are quoted hereunder:

Section 44. Permanent Vacancies in the Offices of the Governor, Mayor, and Vice-Mayor. –
If a permanent vacancy occurs in the office of the governor or mayor, the vice-governor or
vice-mayor concerned shall become the governor or mayor. If a permanent vacancy in the
offices of the governor, vice-governor, mayor or vice-mayor, the highest sanggunian member
or, in case of his permanent inability, the second highest-ranking sanggunian member, shall
become the governor, vice-governor, mayor or vice-mayor as the case may be. Subsequent
vacancies in the said office shall be filled automatically by the other sanggunian members
according to their ranking as defined herein:

(b) If a permanent vacancy occurs in the office of the punong barangay, the highest-ranking
sanggunian barangay members or, in case of his permanent inability, the second highest-
ranking sanggunian member, shall become the punong barangay.

(c) A Lie between or among the highest ranking sanggunian members shall be resolved by
the drawing of lots.

(d) The successors as defined herein shall serve only the unexpired terms of their
predecessors.
For purposes of this Chapter, a permanent vacancy arises when an elective local official fills
a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from office,
voluntarily resigns, or is otherwise permanently incapacitated to discharge the functions of
his office.

For purposes of succession as provided in this Chapter, ranking in the sanggunian shall be
determined on the basis of the proportion of votes obtained by each winning candidate to the
total number of registered voters in each district in the immediately preceding local election.

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