Local Government Unit Modifications and Leadership

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Questions and Answers

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?

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?

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?

The vice-governor or vice-mayor, or highest ranking Sangguniang Barangay member. Signup and view all the answers

What action must a local chief executive take when they return from a temporary incapacity due to legal reasons?

Submit necessary documents showing legal causes have ceased. Signup and view all the answers

Which power is retained by the local chief executive even during a temporary incapacity?

The power to delegate authority. Signup and view all the answers

Under what circumstances can a local chief executive’s deputy assume responsibilities immediately?

If there is failure to provide an authorization after four days. Signup and view all the answers

What kind of written declaration is required from the local chief executive upon resuming duties after incapacity?

A return-to-office declaration. Signup and view all the answers

What is required for the division or merger of existing local government units to take place?

It cannot reduce income, population, or land area below minimum standards. Signup and view all the answers

What must happen if the Sangguniang Panlungsod or Sangguniang bayan finds Barangay ordinances inconsistent with law?

The ordinance must be returned for adjustment or modification. Signup and view all the answers

What conditions lead to the abolition of a local government unit?

Irreversible reduction of income, population, or land area below minimum standards. Signup and view all the answers

What is the effectivity time frame for an ordinance or resolution unless stated otherwise?

After ten days from posting. Signup and view all the answers

What must occur before a creation, division, merger, or abolition of local government units takes effect?

A majority approval in a plebiscite. Signup and view all the answers

After an ordinance is disapproved, what consequence may occur if there is an attempt to enforce it?

It results in suspension or dismissal of the official concerned. Signup and view all the answers

How soon must local government units update their income classification following significant changes?

Within six months. Signup and view all the answers

What must a law or ordinance specify when abolishing a local government unit?

The specific province, city, municipality, or Barangay it will merge with. Signup and view all the answers

Who is responsible for posting ordinances or resolutions in the local government unit?

The secretary to the Sanggunian. Signup and view all the answers

Who is responsible for conducting the plebiscite required for changes to local government units?

The Commission on Elections (Comelec). Signup and view all the answers

In how many conspicuous places should an ordinance or resolution be posted within the local government unit?

Two. Signup and view all the answers

What language requirements are stipulated for the dissemination of ordinances and resolutions?

In English or Filipino and local dialects. Signup and view all the answers

What must be detailed in the law or ordinance that creates or merges local government units?

The specified seat of government for delivering services. Signup and view all the answers

What type of ordinances requires publication in a newspaper of general circulation?

Ordinances with penal sanctions. Signup and view all the answers

Which of the following actions does NOT require a plebiscite?

Internal administrative changes within a local government. Signup and view all the answers

What is recorded by the secretary to the Sanggunian to document the ordinance posting?

The dates of approval and posting. Signup and view all the answers

What constitutes a quorum for the Sanggunian to conduct official business?

A majority of all elected and qualified members Signup and view all the answers

What action may the presiding officer take if there is no quorum during a session?

Declare a recess until a quorum is present Signup and view all the answers

What happens if a member of the Sanggunian is absent without justifiable cause?

They can be compelled to attend by police assistance Signup and view all the answers

What must occur for an ordinance to become effective after being vetoed by the local chief executive?

A two-thirds vote of all Sanggunian members Signup and view all the answers

How should a Sanggunian keep a record of its proceedings?

In a journal, which may be published upon resolution Signup and view all the answers

What action is taken if there is still no quorum after attempts to enforce attendance?

The presiding officer adjourns the session for lack of quorum Signup and view all the answers

What must the provincial governor or city/municipal mayor do to approve an ordinance?

Affix their signature on each page of the ordinance Signup and view all the answers

Which action is prohibited if there is no quorum during a session?

Transacting any official business Signup and view all the answers

What happens to the salary of a respondent during preventive suspension from office?

They receive no salary during suspension. Signup and view all the answers

What right does a respondent have during an administrative investigation?

Right to confront and cross-examine witnesses. Signup and view all the answers

How long after the investigation must a decision be rendered?

Within ninety days of starting the investigation. Signup and view all the answers

What is the maximum penalty of suspension for an administrative offense?

Six months. Signup and view all the answers

Which decision is considered a bar to candidacy for any elective position?

Removal from office due to administrative investigation. Signup and view all the answers

To whom can decisions in administrative cases be appealed within thirty days?

To the Sangguniang Panlalawigan or the Office of the President depending on the case. Signup and view all the answers

What is the outcome once a decision made by the Office of the President is issued?

It becomes final and executory. Signup and view all the answers

What form of representation is NOT permitted for a respondent during the investigation?

To rely solely on written evidence. Signup and view all the answers

Study Notes

Local Government Unit (LGU) Modifications

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.
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.
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

Laws/ordinances creating or merging LGUs specify the seat of government.
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.
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.
Each Sanggunian keeps a journal and record of proceedings, which can be published via resolution.

Sanggunian Quorum and Ordinance Approval

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.
Sanggunian ordinances are presented to the governor or mayor. Approval requires signature; veto requires a ⅔ 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.
Enforcing disapproved ordinances or resolutions leads to suspension or dismissal.

Ordinance Effectivity and Enforcement

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.
Preventively suspended officials receive no salary during suspension; full pay is restored after exoneration and reinstatement.

Administrative Processes

Respondents have the right to defend themselves, confront witnesses, and use subpoenas.
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.
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.
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.