Suspension and Removal of Elective Local Officials.
Section 5
SEC. 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. 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 of 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 days after the charges are preferred, the President, Governor, or Mayor, as the case may be, 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 days after receipt of such notice: Provided, That no investigation shall commence or continue within ninety days immediately prior to an election. The preventive suspension of the respondent officer shall not extend beyond sixty days after the date of his suspension. At the expiration of sixty days, the suspended officer shall be reinstated in office without prejudice to the continuation of the proceedings against him until their completion, unless the delay in the decision of the case is due to the fault, neglect or request of the suspended officer, in which case, the time of delay shall not be counted in computing the time of 'suspension: Provided, however, That if the suspended officer shall have been found guilty as charged before the expiration of the thirty days, his suspension, in the case of municipal and barrio officials, may continue until the case is finally decided by the Provincial Board. The respondent shall have full opportunity to appear and defend himself in person or by counsel/to confront and cross-examine the witnesses against him and to require the attendance of witnesses and the production of documentary evidence in his favor through the compulsory process'1 of subpoena or subpoena duces tecum. Within thirty days after "the" end of investigation, the President, Provincial Board, City or Municipal Council, as the case may be, shall render its decision in writing, stating clearly and distinctly the facts and the reasons for such decision and shall immediately furnish copies of the decision to the respondent and all interested parties: Provided, That the penalty of suspension shall not exceed the unexpired term of the respondent: Provided, further, That the penalty of suspension or removal shall not be a bar to the candidacy of the respondent so suspended or removed for any elective public office as long as he meets the qualifications so required for the office: And provided, finally, That the decision shall not preclude the filing of criminal actions arising from the same charges as provided for under existing laws. In case of appeals from decisions of suspension or removal, the provisions of existing laws shall continue to be applicable.