Podcast
Questions and Answers
What must happen when a local chief executive is temporarily incapacitated for over thirty working days?
What must happen when a local chief executive is temporarily incapacitated for over thirty working days?
- The vice-governor or vice-mayor takes full control without restrictions.
- The local chief executive is permanently removed from office.
- The local chief executive can still appoint, suspend, or dismiss employees.
- The vice-governor, vice-mayor, or highest ranking Sangguniang Barangay member may exercise powers. (correct)
How long can a local chief executive travel within the country before needing to designate an officer-in-charge?
How long can a local chief executive travel within the country before needing to designate an officer-in-charge?
- Five consecutive days.
- Two consecutive days.
- Three consecutive days. (correct)
- A week.
What is required for the termination of a local chief executive's temporary incapacity?
What is required for the termination of a local chief executive's temporary incapacity?
- Submission of a report to the media.
- Approval from all local council members.
- A public announcement.
- A written declaration to the appropriate Sanggunian. (correct)
If the local chief executive fails to issue an authorization while traveling, who assumes the powers after four days?
If the local chief executive fails to issue an authorization while traveling, who assumes the powers after four days?
What action must a local chief executive take when they return from a temporary incapacity due to legal reasons?
What action must a local chief executive take when they return from a temporary incapacity due to legal reasons?
Which power is retained by the local chief executive even during a temporary incapacity?
Which power is retained by the local chief executive even during a temporary incapacity?
Under what circumstances can a local chief executive’s deputy assume responsibilities immediately?
Under what circumstances can a local chief executive’s deputy assume responsibilities immediately?
What kind of written declaration is required from the local chief executive upon resuming duties after incapacity?
What kind of written declaration is required from the local chief executive upon resuming duties after incapacity?
What is required for the division or merger of existing local government units to take place?
What is required for the division or merger of existing local government units to take place?
What must happen if the Sangguniang Panlungsod or Sangguniang bayan finds Barangay ordinances inconsistent with law?
What must happen if the Sangguniang Panlungsod or Sangguniang bayan finds Barangay ordinances inconsistent with law?
What conditions lead to the abolition of a local government unit?
What conditions lead to the abolition of a local government unit?
What is the effectivity time frame for an ordinance or resolution unless stated otherwise?
What is the effectivity time frame for an ordinance or resolution unless stated otherwise?
What must occur before a creation, division, merger, or abolition of local government units takes effect?
What must occur before a creation, division, merger, or abolition of local government units takes effect?
After an ordinance is disapproved, what consequence may occur if there is an attempt to enforce it?
After an ordinance is disapproved, what consequence may occur if there is an attempt to enforce it?
How soon must local government units update their income classification following significant changes?
How soon must local government units update their income classification following significant changes?
What must a law or ordinance specify when abolishing a local government unit?
What must a law or ordinance specify when abolishing a local government unit?
Who is responsible for posting ordinances or resolutions in the local government unit?
Who is responsible for posting ordinances or resolutions in the local government unit?
Who is responsible for conducting the plebiscite required for changes to local government units?
Who is responsible for conducting the plebiscite required for changes to local government units?
In how many conspicuous places should an ordinance or resolution be posted within the local government unit?
In how many conspicuous places should an ordinance or resolution be posted within the local government unit?
What language requirements are stipulated for the dissemination of ordinances and resolutions?
What language requirements are stipulated for the dissemination of ordinances and resolutions?
What must be detailed in the law or ordinance that creates or merges local government units?
What must be detailed in the law or ordinance that creates or merges local government units?
What type of ordinances requires publication in a newspaper of general circulation?
What type of ordinances requires publication in a newspaper of general circulation?
Which of the following actions does NOT require a plebiscite?
Which of the following actions does NOT require a plebiscite?
What is recorded by the secretary to the Sanggunian to document the ordinance posting?
What is recorded by the secretary to the Sanggunian to document the ordinance posting?
What constitutes a quorum for the Sanggunian to conduct official business?
What constitutes a quorum for the Sanggunian to conduct official business?
What action may the presiding officer take if there is no quorum during a session?
What action may the presiding officer take if there is no quorum during a session?
What happens if a member of the Sanggunian is absent without justifiable cause?
What happens if a member of the Sanggunian is absent without justifiable cause?
What must occur for an ordinance to become effective after being vetoed by the local chief executive?
What must occur for an ordinance to become effective after being vetoed by the local chief executive?
How should a Sanggunian keep a record of its proceedings?
How should a Sanggunian keep a record of its proceedings?
What action is taken if there is still no quorum after attempts to enforce attendance?
What action is taken if there is still no quorum after attempts to enforce attendance?
What must the provincial governor or city/municipal mayor do to approve an ordinance?
What must the provincial governor or city/municipal mayor do to approve an ordinance?
Which action is prohibited if there is no quorum during a session?
Which action is prohibited if there is no quorum during a session?
What happens to the salary of a respondent during preventive suspension from office?
What happens to the salary of a respondent during preventive suspension from office?
What right does a respondent have during an administrative investigation?
What right does a respondent have during an administrative investigation?
How long after the investigation must a decision be rendered?
How long after the investigation must a decision be rendered?
What is the maximum penalty of suspension for an administrative offense?
What is the maximum penalty of suspension for an administrative offense?
Which decision is considered a bar to candidacy for any elective position?
Which decision is considered a bar to candidacy for any elective position?
To whom can decisions in administrative cases be appealed within thirty days?
To whom can decisions in administrative cases be appealed within thirty days?
What is the outcome once a decision made by the Office of the President is issued?
What is the outcome once a decision made by the Office of the President is issued?
What form of representation is NOT permitted for a respondent during the investigation?
What form of representation is NOT permitted for a respondent during the investigation?
Study Notes
Local Government Unit (LGU) Modifications
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Division and merger of LGUs require the same criteria as creation, ensuring minimum income, population, and land area standards aren't breached. The original LGU's income classification can't fall below its pre-division level. Income classifications are updated within six months of code effectivity to reflect revenue increases.
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LGUs can be abolished if their income, population, or land area irreversibly drops below creation standards, certified by national agencies to Congress or the Sanggunian. The abolishment law/ordinance specifies the LGU's new incorporation or merger.
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Creation, division, merger, abolition, or boundary alterations of LGUs need a majority vote in a plebiscite in the directly affected political unit(s). The Commission on Elections (COMELEC) conducts this within 120 days of the law/ordinance’s effectivity, unless a different date is specified.
LGU Leadership and Operation
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Laws/ordinances creating or merging LGUs specify the seat of government.
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When a governor, mayor, or Punong Barangay is temporarily incapacitated, the vice-governor, vice-mayor, or highest-ranking Sangguniang Barangay member assumes duties (excluding appointment, suspension, or dismissal powers if incapacity exceeds 30 working days). Incapacity ends with the official’s written return declaration and relevant supporting documentation for legal causes.
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For absences within the country (under 3 consecutive days), written designation of an officer-in-charge is allowed (excluding appointment, suspension, dismissal). Otherwise, the vice-governor, vice-mayor, or highest-ranking member assumes duties on the 4th day, but with the same limitations.
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Each Sanggunian keeps a journal and record of proceedings, which can be published via resolution.
Sanggunian Quorum and Ordinance Approval
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A majority of elected and qualified Sanggunian members forms a quorum. The presiding officer addresses quorum questions, and may declare a recess or adjourn if one is not present. Absent members without justifiable cause can be compelled to attend. With no quorum despite efforts, no business is transacted.
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Sanggunian ordinances are presented to the governor or mayor. Approval requires signature; veto requires a â…” vote override for effectivity. Barangay ordinances inconsistent with higher-level ordinances are returned for amendment within 30 days; their effectivity is suspended until revisions are done.
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Enforcing disapproved ordinances or resolutions leads to suspension or dismissal.
Ordinance Effectivity and Enforcement
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Ordinances and resolutions take effect after 10 days of posting at the capitol or hall and two other places, unless stated otherwise. The secretary ensures posting within five days of approval, in Filipino or English and a common dialect, with records stating approval and posting dates. Penal ordinance gists are published in a local newspaper.
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Preventively suspended officials receive no salary during suspension; full pay is restored after exoneration and reinstatement.
Administrative Processes
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Respondents have the right to defend themselves, confront witnesses, and use subpoenas.
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Investigations conclude within 90 days. Decisions are rendered within 30 days after investigation's end; the President's Office or Sanggunian provides written decisions with reasons and copies to respondents and interested parties.
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Suspension doesn't exceed the unexpired term or six months for each offense, and doesn't bar candidacy if qualifications are met. Removal from office bars candidacy for elective positions.
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Administrative appeals go to the Sangguniang Panlalawigan (component city and municipality decisions) or the President's Office (highly urbanized and independent cities decisions); the President's decisions are final.
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Description
This quiz covers the key aspects of modifications related to Local Government Units (LGUs), including their creation, division, merger, and abolition. It also addresses the criteria that need to be met and the voting process involved. Test your knowledge on the regulations and operations governing LGUs.
