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PRESIDENTIAL DECREE NO. 1576
PRESIDENTIAL DECREE NO. 1576 -
PROVIDING FOR THE APPOINTMENT, REMOVAL OR SUSPENSION OF LOCAL ELECTIVE
OFFICIALS DURING THE TRANSITION PERIOD
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WHEREAS,
Section 9, Article XVII of the Constitution authorized officials and
employees of the Government to continue in office "until otherwise
provided by law or decreed by the incumbent President of the
Philippines;"
WHEREAS, in the referendum held on February 27, 1975, the people
expresses their desire that, instead of calling an election upon the
expiration of the term of office of local elective officials on
December 31, 1975, the incumbent President of the Philippines appoint
their successors; and
WHEREAS, it is necessary that the manner of appointment and the grounds
and procedure for the removal or suspension from office of local
elective officials during the transition period or until the regular
National Assembly is convened should be provided by law.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree the following rules and guidelines for the
appointment, removal or suspension from office of local elective
officials during the transition period: chanroblesvirtualawlibrary
Section 1. Local elective officials whose terms
expired on December 31, 1975 and thereafter continued to hold over
shall continue holding their respective offices until the President
appoints any qualified person to succeed them or until elections are
called for those positions. Any vacancy occurring for any reason,
whether temporary or permanent, in the office of provincial governor,
city or municipal mayor, member of the provincial, city or municipal
sanggunian, shall also be filled by the President by designation or
appointment of any qualified person.
Section 2. The President of the Philippines may,
after investigation, motu proprio or upon verified complaint of a
party, suspend or remove from office any provincial governor, city or
municipal mayor, members of the provincial, city or municipal
sanggunians, and barangay officials on any of the following grounds:
disloyalty to the Republic of the Philippines, dishonesty, oppression,
misconduct in office, neglect of duty, corruption, being notoriously
undesirable, discourtesy in the course of official duties, inefficiency
and incompetence in the performance of official duties, conviction of a
crime involving moral turpitude, serious irregularity in the
performance of duties, disgraceful and immoral conduct, falsification
of official document, habitual drunkenness, gambling prohibited by law,
refusal to perform official duty, physical or mental incapacity or
disability due to immoral or vicious habits, or conduct prejudicial to
the best interest of the service. chanroblesvirtualawlibrary
Section 3. Pending investigation of the charges, the
respondent may be suspended by the President as the interest of the
service may require.
Section 4. Immediate removal or dismissal of any of
the officials hereinabove mentioned may be ordered by the President if
any of the following circumstances is present:cralaw:red
(1) When the respondent is charged of a serious
offense and the evidence of guilt is strong;chanroblesvirtualawlibrary
(2) When the respondent is a recidivist or has been
repeatedly charged and there is reasonable ground to believe that he is
guilty of the present charge; or
(3) When the respondent is notoriously undesirable.
Section 5. Any law, decree, order, rules and
regulations inconsistent with the provisions of this Decree are hereby
repealed or modified accordingly.
Section 6. This Decree shall take effect immediately.
DONE in the City of Manila,
this 11th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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