6. Public Accountability

6. 6. Public AccountabilityPublic Accountability

Questions:Questions:What is the What is the mandatemandate given to all local officials? given to all local officials?Is suspension in office an Is suspension in office an interruption in the terminterruption in the term??Can a vice-mayor who is Can a vice-mayor who is acting mayoracting mayor continue to continue to preside over sanggunian sessions? Can a mayor preside over sanggunian sessions? Can a mayor who is under preventive suspension continue to who is under preventive suspension continue to hold office as mayor? What is the effect if he/ she hold office as mayor? What is the effect if he/ she does?does?Can a higher-supervising LGU Can a higher-supervising LGU remove from officeremove from office an erring official of the lower-supervised LGU?an erring official of the lower-supervised LGU?Do we still have Do we still have PRAsPRAs today? today?


2 Levels:2 Levels: Corporate and Personal Corporate and Personal2 Capacities:2 Capacities: Governmental and Proprietary Governmental and Proprietary““faithfully dischargefaithfully discharge their duties and functions as their duties and functions as provided by law” provided by law” ““AccountableAccountable Public Officers” Public Officers”““Real Party in InterestReal Party in Interest” (dismissal and ” (dismissal and appointment)appointment)Loyalty/ Loyalty/ 1-Office Rule1-Office RulePerformance of Performance of Constitutional and Statutory Constitutional and Statutory DutiesDuties (i.e. midnight appointments, termination of (i.e. midnight appointments, termination of barangay treasurer)barangay treasurer)


Subject to Subject to Disciplinary ActionDisciplinary Action (part of (part of Supervision; Types of Offenses – Supervision; Types of Offenses – administrative and penal)administrative and penal)2 Authorities:2 Authorities: Disciplining and Investigation Disciplining and InvestigationEnjoys Fixed Enjoys Fixed TermTerm; Has Term-Limit; Has Term-LimitSubject to Subject to Several JurisdictionsSeveral JurisdictionsEffect of Effect of Re-ElectionRe-ElectionRule on Rule on SuccessionSuccession (Acting Capacity [what (Acting Capacity [what functions?/ usurpation], Ranking, Last functions?/ usurpation], Ranking, Last Vacancy, 2Vacancy, 2ndnd placer) placer)


Term of OfficeTerm of OfficeMunicipality converted to a City (barangay in Municipality converted to a City (barangay in municipality later converted to a city)municipality later converted to a city)6 Conditions:6 Conditions:

Elected to the PositionElected to the PositionFully Served the TermFully Served the TermNo Actual BreakNo Actual BreakImmediate Reelection Immediate Reelection Regular ElectionsRegular ElectionsInvoluntaryInvoluntary


IllustrationsIllustrations

Served for 2 terms then lost then run againServed for 2 terms then lost then run again

SuccessionSuccession

3 terms then rest then run in recall election3 terms then rest then run in recall election

Ouster via Protest (if result after term)Ouster via Protest (if result after term)

SuspensionSuspension


Disciplinary Action: Disciplinary Action: Violation ofViolation of

1991 Local Government Code1991 Local Government Code

Anti-Graft and Corrupt Practices ActAnti-Graft and Corrupt Practices Act

Revised Penal Code and other Penal Revised Penal Code and other Penal LawsLaws

Omnibus Election CodeOmnibus Election Code

Other Special LawsOther Special Laws


Offenses: Offenses: ExamplesExamples1.1. Usurpation of Authority (mayor under preventive Usurpation of Authority (mayor under preventive

suspension)suspension)2.2. Reliance on Subordinates (exception)Reliance on Subordinates (exception)3.3. Technical Malversation (use diverted)Technical Malversation (use diverted)4.4. Unwarranted Benefits (salary to dismissed employee)Unwarranted Benefits (salary to dismissed employee)5.5. Financial or Pecuniary Interest (license to cockpits)Financial or Pecuniary Interest (license to cockpits)6.6. Moral Turpitude (fencing)Moral Turpitude (fencing)7.7. Bad Faith (signing of voucher)Bad Faith (signing of voucher)8.8. Illegal Dismissal (corporate vs. personal liability)Illegal Dismissal (corporate vs. personal liability)9.9. Grossly disadvantageous contract Grossly disadvantageous contract 10.10. COA-approved DisbursementsCOA-approved Disbursements11.11. Partial Restitution of Cash Shortage (misappropriation)Partial Restitution of Cash Shortage (misappropriation)12.12. Onion-skinned OfficialsOnion-skinned Officials


Procedure in Administrative CasesProcedure in Administrative CasesConstitutional Rights of AccusedConstitutional Rights of AccusedProcedural Due ProcessProcedural Due ProcessForm of ComplaintForm of ComplaintSubstantial EvidenceSubstantial EvidenceNotice of Session not requiredNotice of Session not requiredDecisions when final and executoryDecisions when final and executoryStay of ExecutionStay of ExecutionRule on Exhaustion of Administrative RemediesRule on Exhaustion of Administrative RemediesWhen appealWhen appealEffect of filing of Motion for ReconsiderationEffect of filing of Motion for Reconsideration


PenaltyPenaltyRemoval by Courts Removal by Courts only (exception)only (exception)Each administrative Each administrative offense, 6 monthsoffense, 6 months

Preventive SuspensionPreventive SuspensionPrerequisites (and Prerequisites (and exceptions)exceptions)Grounds supported by Grounds supported by evidenceevidencePeriod (Higher LGU/ Period (Higher LGU/ Sandiganbayan: 60 days; Sandiganbayan: 60 days; Ombudsman: 6 monthsOmbudsman: 6 monthsMR with Higher LGU MR with Higher LGU before Courtsbefore CourtsAuthority of President/ Authority of President/ OmbudsmanOmbudsman


SandiganbayanSandiganbayan has jurisdiction when: has jurisdiction when:

Proper Offense, Proper Offense,

Public Officer Listed/ Salary Grade 27, Public Officer Listed/ Salary Grade 27,

Offense committed is in relation to the Offense committed is in relation to the office, and office, and

Sufficient Allegations in ComplaintSufficient Allegations in Complaint


RecallRecall

No PRA, only Popular Petition (RA 9244)No PRA, only Popular Petition (RA 9244)

Loss of Confidence a political questionLoss of Confidence a political question

Another Petition if Official succeeds to Another Petition if Official succeeds to another officeanother office

1-Year Ban refers to Recall Election1-Year Ban refers to Recall Election

Meaning of ‘Regular Recall Election’Meaning of ‘Regular Recall Election’

Documents

6. Public Accountability