[ Memorandum Circular No. 398, October 1, 1970 ]
ENJOINING STRICT OBSERVANCE OF THE PROVISIONS OF SECTION 5 OF THE DECENTRALIZATION ACT OF 1967 (RA 5185) PROHIBITING THE COMMENCEMENT OR CONTINUATION OF ANY INVESTIGATION OF CHARGES AGAINST LOCAL ELECTIVE OFFICIALS WITHIN NINETY (90) DAYS IMMEDIATELY PRIOR TO AN ELECTION
In connection with the coming election for delegates to the Constitutional Convention, attention is invited to the prohibition on the commencement or continuation of investigation of administrative charges against local elective officials, which is the subject of the resolution of the Commission on Elections promulgated on September 17, 1970, the pertinent portions which read:
“WHEREAS, Section 5 of Republic Act No. 5185, otherwise known as the Decentralization Act of 1967, exclusively governs the suspension and removal of elective local official which section provides in part:
‘Section 5. Suspension and Removal of Elective Local Officials. — Any provision of law to the contrary notwithstanding, the suspension and removal of elective local officials shall be governed exclusively by the provisions of this section.
The grounds for suspension and removal of elective local officials are the following: (a) disloyalty to the Republic of the Philippines; (b) dishonesty; (c) oppression; and (d) misconduct in the office.1âшphi1
Written subscribed and sworn charges against any elective provincial and city official shall be preferred before the President of the Philippines; against any elective municipal official before the provincial governor or the secretary or the Provincial Board concerned; and against any elective barrio official before the municipal or city mayor or the municipal or city secretary concerned.
Within seven (7) days after the charges are preferred, the President, Governor, or Mayor, as the case maybe, or his duly authorized representative, as provided in the preceding paragraph, shall notify the respondent of such charges. The President, Provincial Board and City or Municipal Council, as the case may be, shall hear and investigate the truth or falsity of the charges within ten (10) days after receipt of such notice: Provided, That no investigation shall commence or continue within ninety days immediately prior to an election x x x.”
“WHEREAS, the proviso contained in the fourth paragraph aforequoted – ‘That no investigation shall commence or continue within ninety (90) days immediately prior to an election’ does not distinguish the kind of election (whether regular or special, local or national), and therefore the word ‘election’ contained in said proviso includes the forthcoming November 10, 1970 election, and is therefore, applicable in the said election.
“WHEREAS, the prohibited period of ninety (90) days immediately prior to the November 10, 1970 election starts from August 12, 1970 up to November 9, 1970, and therefore all investigations now pending or to be commenced against the said elective local officials are covered by the said law.
“NOW, THEREFORE, by authority of Section 2, Article X of the Constitution of the Philippines, and of Section 5, paragraph 4 of Republic Act No. 5185, the Commission RESOLVES, as it hereby resolves, to request – the Office of the President of the Philippines, thru the Office of the Executive Secretary, to invite the attention of all provincial governors, provincial board secretaries, municipal and city mayors, and municipal and city secretaries to the provisions of Section 5 of the Decentralization Act of 1967 on the said prohibited period and to the provisions of this resolution for faithful compliance.”
In view of the foregoing, the provincial governors, provincial boards, city and municipal mayors, city councils or boards and municipal district mayors, are hereby enjoined to observe strictly the contents hereof and be guided accordingly.
