INTRODUCTION TO PHILIPPINE ADMINISTRATION

PHIL AD

1. LOCAL GOVERNMENT
GROUP 6

2. A boundary dispute arises when two or more parties disagree about the location,
ownership, or use of land or territorial boundaries. Settling such disputes is
essential to maintain peaceful relations and ensure clarity over property rights or
territorial jurisdiction.

3. Negotiation
Mediation
Arbitration
Judicial Resolution
Legislative Action
Survey and Demarcation
International Dispute
Mechanisms

4. Diplomacy:
International Court of Justice (ICJ):
Countries negotiate directly or through diplomatic
channels.
A court that settles disputes between countries
based on international law.

5. Under the Local Government Code of 1991 (Republic Act No.
7160), the procedures and rules for vacancies and succession of
local officials are governed primarily by the principles of
continuity in public service and the preservation of local
governance. The law provides for the manner by which
vacancies may arise and the corresponding mechanisms for
succession to ensure that local government units (LGUs) can
continue functioning effectively.

6. Death – The demise of the local official results in an immediate vacancy.
Permanent Disability – When a local official becomes incapacitated due to physical or mental disability that
permanently prevents the official from performing the functions of the office.
Assumption of an Incompatible Office – If a local official assumes another office or employment in the government
that is incompatible with their current office, it results in a vacancy.
Other Legal Causes – Vacancies may also arise due to other legal causes provided by law, such as forfeiture of office
due to certain violations.
I. Causes of Vacancy in Local Offices
II. Succession of Local Officials
1. Succession for the Position of Local Chief Executives (Governor, Vice Governor, Mayor, Vice
Mayor)
2. Succession for the Position of Sangguniang Members
3. Special Rules for Barangay Officials

7. In certain cases, a local official may be temporarily unable to perform their duties, such as
when they are:
Suspended from Office – In this case, an officer-in-charge (OIC) may be appointed to
temporarily take over the functions of the suspended official. However, the suspension is
not considered a permanent vacancy.
Absent due to Authorized Leave – If a local official is on an approved leave of absence, the
Vice Governor, Vice Mayor, or highest-ranking Sanggunian member temporarily assumes
the functions of the absent official.
Preventive Suspension – If a local official is under preventive suspension, the Vice
Governor, Vice Mayor, or highest-ranking Sanggunian member takes over for the duration
of the suspension. This suspension, however, does not create a vacancy.
III. Temporary Vacancies

8. Under exceptional circumstances, when a permanent vacancy occurs in both the positions
of Governor and Vice Governor or both Mayor and Vice Mayor, the President of the
Philippines is authorized to appoint a replacement from a list of three (3) nominees
submitted by the respective Sangguniang Panlalawigan, Panlungsod, or Bayan.
In these instances, the appointee must meet the qualifications required by law and belong
to the same political party as the official who vacated the office. If the official was
independent, the President has the discretion to appoint a qualified person.
IV. Appointments by the President in Case of Permanent Vacancies

9. While the Local Government Code generally emphasizes succession and appointments to
fill vacancies, there are circumstances where special elections may be called to fill a
vacancy. This is more common in the case of congressional representatives but may apply
to local positions if mandated by law or circumstance.
V. Special Elections
VI. Qualifications and Limitations in Succession
Qualifications of Successors – The successor to any vacant position must meet all the qualifications required for
the office, including residency, age, and citizenship requirements under the law.
Term of the Successor – The successor serves only for the unexpired portion of the term of the official they are
replacing.
Prohibition on Successive Terms – While successors may serve for the unexpired term, the usual limitations on
successive terms apply. For example, an official who succeeds a Governor or Mayor cannot serve more than three
consecutive terms in the same office.

10. The discipline of elective officials refers to the mechanisms and processes in place to ensure that public officials
adhere to ethical, legal, and professional standards during their tenure. Since elective officials hold positions of
public trust, maintaining their accountability and integrity is essential for good governance.
Accountability: Elective officials are entrusted with public resources and decision-
making authority, making their accountability crucial.
Integrity in Public Service: Upholding ethical standards promotes trust between the
government and citizens.
Prevention of Abuse of Power: Disciplinary measures deter corruption, nepotism, and
other forms of misconduct.
Efficiency in Governance: Disciplined officials contribute to the smooth functioning
of governmental processes.
Importance of Discipline Among Elective Officials

11. Grounds for Discipline
Disciplinary Processes
Elective officials may face disciplinary actions for various reasons,
including:
Corruption: Misappropriation of funds, bribery, or unethical
financial practices.
Negligence: Failure to perform official duties effectively or
efficiently.
Abuse of Power: Misuse of authority for personal or political gain.
Misconduct: Violations of laws, codes of conduct, or ethical
standards.
Conflict of Interest: Situations where personal interests interfere
with official responsibilities.
The disciplinary process often involves the following steps:
Complaint or Allegation: Initiated by citizens, government
agencies, or oversight bodies.
Investigation: A thorough examination of the alleged
misconduct, conducted by authorized entities such as ethics
boards, commissions, or the judiciary.
Hearing or Review: The official is given an opportunity to present
their defense before an impartial body.
Penalties or Sanctions: Based on findings, the official may face
consequences such as:
Suspension from office.
Fines or restitution.
Removal from office or disqualification from holding future
positions.

12. Oversight Bodies and Mechanisms Preventive Measures
Ethics Committees: Many legislative bodies
have ethics committees that investigate
complaints against officials.
Ombudsman: Independent offices tasked with
addressing complaints against public officials.
Judicial Oversight: Courts may intervene in
cases involving severe misconduct or breaches
fl
To minimize disciplinary issues, governments
can:
Provide Training: Equip officials with knowledge
of ethical practices and governance principles.
Establish Codes of Conduct: Clearly outline
acceptable behavior and responsibilities.
Promote Transparency: Implement open
government practices to deter misconduct.

13. What is an Administrative Appeal?
-An administrative appeal is the process by which individuals or organizations can request a
review or reconsideration of a decision made by a public authority.
Purpose:
To ensure fairness and legality in decision-making.
To provide a check on potential errors or abuses of power.
To enhance public trust in administrative processes.

14. Internal Appeals:
Conducted within the same administrative agency that issued the original decision.
External Appeals:
Referred to independent review bodies, administrative courts, or ombudsmen.
Judicial Review:
A higher-level form of appeal where courts assess the legality of an administrative decision.
Types of Administrative Appeals:

15. Complex Procedures: Lengthy and complicated processes can discourage appeals.
Resource Constraints: Limited funding or staffing may delay resolution.
Potential Bias: Internal appeals may be seen as biased if conducted by the same agency.
Lack of Awareness: Many citizens are unaware of their rights to appeal or the process
involved.
Challenges in the Administrative
Appeal Process

16. Term limits are restrictions on the number of terms an
individual can serve in a specific elected or appointed
position. They are often implemented to promote leadership
turnover, prevent the consolidation of power, and encourage
new ideas in governance.

17. Lifetime Ban: An individual can only serve a set number of terms
in their lifetime (e.g., U.S. Presidents can serve two four-year
terms).
Consecutive Limits: An individual may serve a set number of
consecutive terms but can return to the position after a break.
Rotational Limits: Limits may apply to specific positions but
allow the individual to run for a different office.

18. In summary, the topics from the settlement of boundary disputes to term limits emphasize the
importance of local governance in promoting harmony, accountability, and fairness. Resolving
boundary disputes fosters cooperation and prevents conflicts among local government units
(LGUs), while succession of elective officials ensures continuity in governance during unforeseen
circumstances. The discipline of elective officials safeguards integrity and ethical standards, and
administrative appeals provide a mechanism for citizens to challenge unjust decisions. Finally,
term limits promote leadership renewal, prevent political entrenchment, and uphold democratic
principles within the local government system. Together, these aspects contribute to efficient and
transparent local governance.