Local Government Units- a political subdivision of the state Decentralization- authorizing its subordinates to exercise authority in certain areas

Supervision- authority of an officer that the subordinate officers perform their duties Control- power of an officer to later/ modify Doctrine of qualified political agency- constitution has established a single executive postulates Fiscal autonomy- local governments have the power to create their own sources in accordance with their own principles Basic feature: automatic release of the shares of the LGUs in the National Internal Revenue Income- all revenues and receipts collected/ received Fundamental tenet of representative democracy- people are allowed t choose whom they please to govern them Plebiscite- requirement in the creation, division, merger, abolition and substantial boundary alteration of LGUs Metro Manila Development Authority (MMDA) - R.A. 7924- agency to handle the administration of metro- wide basic services affecting the LGUs of Metropolitan Manila Services which have metro- wide impact and transcend local political boundaries 7 basic metro- wide services: 1. Development planning 2. Transport and traffic management 3. Solid waste disposal and management 4. Flood control and sewerage management 5. Urban renewal, zoning and land use planning and shelter services 6. Health and sanitation, urban protection and pollution control 7. Public safety Powers of the MMDA: formulation, coordination, regulation, implementation, preparation, management, monitoring, setting of policies, installation of a system and administration Regional Development Council- machinery that will give life and meaning to local autonomy R.A. 6734/ Organic Act- creating the autonomous region in Muslim Mindanao R.A. 6766/O. A. for Cordillera Idea behind it: to allow the separate development of people with distinctive cultures and traditions Regional autonomy- a means toward solving existing serious peace an order problems and secessionist movements Local Government Code of 1991- effectivity date: Jan. 1, 199e Oct. 18, 1991- publication of code in Malaya Government of the Republic of the Philippines- corporate government entity through which the functions of government are exercise throughout the phil. National Government- entire machinery of central govt. Local government- political subdivision established by/ in accordance with the constitution Most important policies on local autonomy: 1. Genuine and meaningful local autonomy 2. Accountability of LGUs 3. Consultations with LGUs, NGOs and etc. 2 classifications of cities: 1. Highly urbanized 2. Component cities Custom- rule of conduct formed by the repetition of acts CAR- not an LGU

Created primarily to coordinate the planning and implementation of programs and services in the covered area Special, fiduciary and trust funds- recorded income of the govt. Creation of LGUs: 1. Contiguous *except: a. comprises 2 or more island b. separated by an independent LGU 2. Properly identified by metes and bounds Creation of Provinces: 1. Petition 2. Comments on petition 3. Documents to support petition a-c. Certification by DOF, NSO and LMB d. map of the original LGUs 4. plebiscite- 120days - Information campaign (Comelec)- 120 days prior to the plebiscite Cities: 1. Petition 2. Comments on petition 3. Documents to support petition a-c. Certification by DOF, NSO and LMB commercial establishments govt. center site, market, plaza/ park, school- 10, 000 m2 cemetery- 5,000/ 10 000 people d. map of the original LGUs e. sources of potable water- certifies by the Local Water Utilities Administration (LWUA)/ Metropolitan Waterworks and Sewerage System (MWSS) f. facilities, plans and site for sewerage and waste disposal- certifies by local engr. 4. plebiscite- 120days - Information campaign (Comelec)- 120 days prior to the plebiscite Municipalities 1. Petition 2. Comments on petition 3. Documents to support petition a. Certification by the provincial treasurer- municipalities and component cities city treasurer- HUC b-c. Certification by the NSO and LMB commercial establishments govt. center site, market, plaza/ park, school- 10, 000 m2 cemetery- 5,000/ 10 000 people d. map of the original LGUs e. sources of potable water- certifies by the Local Water Utilities Administration (LWUA)/ Metropolitan Waterworks and Sewerage System (MWSS) f. facilities, plans and site for sewerage and waste disposal- certifies by local engr. g. other relevant information Barangays 1. Petition submit to Sanguniang Panlalawigan Municipalities within Metropolitan Area- congress 2. Documents to support petition a. Certification by the NSO 3. Comments on Petition 4. Action on petition Sanguniang panlalawigan/ sanguniang panlungsod- 15 days Ordinance- grant (approved by 2/3 of S.P./ S.L.)

Submission of ordinance to Comelec- 30 days before the plebiscite 6. Submission of plebiscite results to Comelec and DILG- 7 days after plebiscite *petitions and resolutions are not required- barangays created by the S.P. Conversion- elevation of an LGU from one level to another 3 factors to the creation/ conversion/ abolition of LGUs: 1. Income 2. Population 3. Land area Congress- provinces, cities and municipalities S.P./ S.L.- barangay Changing location of capitols of LGUs- public hearings ( Sanggunian 2/3) Transferring some offices and facilities- public hearings and majority of sanggunian *the S.P. may change the names of places within its jurisdictionconsultation with the Phil. Historical Commission/ National Historical Institute *changing of names- once every ten years Public schools- local school board Public hospitals, health centers and other health facilities- local health board Schools, hospitals, etc S.P.- provinces S.L.- HUC, ICC, CC S.B.- municipalities S.B./ S.L.- barangay LGUs S.P.- HUC, ICC, CC Congress- province *living persons- not allowed unless for a justifiable reason *plebiscite is required Governor- power to suspend (ie. Mayor) President- power to suspend governor ( Administrative Sanction) Start of a corporate life- begins on the date specified by the law/ ordinance creating it Election and assumption of office by its chief executive and the majority of the members of the Sanggunian Governmental power- exercise in administering the powers of the state and promoting the public welfare Municipal powers- exercise for the special benefit and advantage of the community Police power- power to prescribe regulations to promote the health, morals, peace, education, good order/ safety and general welfare of the people Valid use of police power by LGUs: 1. Promotion of the general welfare and public interest 2. Promotion of public health, morals, safety and the general welfare 3. Preservation of public order and prevention of offenses against the state 4. Prohibition of all things hurtful Specific LGU action: 1. Culture 2. Health and safety 3. Balance economy 4. Self- reliant science and technology capabilities 5. Public morals 6. Economic prosperity and social justice 7. Full employment

5.

8. Peace and order 9. Comfort and convenience of their inhabitants 2 types of person: 1. Natural 2. Artificial- state intervention made them a person 2 types of corporation: 1. Private- created by incorporators; register to Security and Exchange Commission 2. Public- created by law in order to be a functionary agency of the government Types of local govt.: 1. De jure- created by law; cant be delegated/ attack 2. De facto- exists but not in law; should be directly attack People have organized themselves Requisites of a de facto corp.: a. Valid law authorizing incorporation b. Attempt in good faith organize under it c. Colorable compliance with law d. Assumption of corporate power 3. M.C. by prescription- charter is presumed to have been lost/ destroyed 2 types of autonomy: 1. Decentralization of administration/ administrative autonomy- conferring certain power to the LGUs 2. Decentralization of power/ political autonomy- total abdication of political power to LGU; they can chart their own destiny Devolution- national govt. confers power and authority upon the various LGUs Deconcentration- distribution of requisites authority and power to the appropriate regional offices Advantages of decentralization: 1. Political power is shared and dispersed 2. Shared responsibility gives the people greater participation 3. Encourages people to unleash creative energies 4. Destroys the capital city syndrome 5. Provides entrepreneurship and innovation Duals functions of M.C.: 1. Public/ governmental- acting as an agent of the state (ie. Collecting taxes, garbage collection) 2. Private/ propriety- acting as an agent in the inhabitants of the community (ie. Town fiesta) CC- cites under the province; not only vote for their local officials but also provincial officials HUC- independent from the province ICC- independent from the province; vote only local officials; not yet attained HUC Inherent powers of the state: 1. Eminent domain 2. Power of taxation 3. Police power Purpose: ED- to make property available for public use T- to raise fund for the govt. PP- to promote general welfare Means: ED- to take the property from the owner T- to collect taxes PP- to promote the general welfare Effects: ED- one losses his property

T- one losses the portion of his property PP- ones right is limited Result: ED- just compensation T- services and facilities PP- altruistic feeling Classification of rights: 1. Natural / human right- innate, sacred and inalienable (ie. Right to life) 2. Constitutional right- to limit the power of the state (Right to suffrage) 3. Statutory right- granted by the statues (ie. Maternity leave) 4. Political right- in order to participate in the governance of the state ( ie. Freedom to vote) 5. Civil right- right to enter into contract 6. Social right- ( ie. Right to join groups) 7. Economic right- ( ie. Right to become productive) 8. Cultural right- ( ie. Right to preserved your traditions, culture, etc) 9. Right to life- right to posses the facilities of your body 10. Right to property- right to own, use, possess, sell, lease, rent, copyright, royalty; cant be taken without just compensation 11. Right to liberty- freedom, social, economic and cultural right 2 types of due process: 1. Procedural 2. Substantive- there must be a law authorize by congress Doctrine of preferred freedom- life and liberty are more important than property right Reasonable connection test- is there a reasonable connection between the purpose of the law and the means employed? Prohibition- totally not allowed Regulation- not allowed on certain circumstances Lawful act- cant be prohibited but regulated Unlawiful act- prohibited Right to believe- highest of all rights Right to act in accordance with the belief- limit by the state to promote general welfare Corporation- artificial being created by operation of law Public corporation- organized for the government of a portion of the state Municipal corporation- agency of the state to assist in the civil government of the country Local government- political subdivision of a nation/ state Elements of local govt.: 1. Legal creation 2. Corporate name 3. Inhabitants 4. Territory Tests of due delegation of powers: 1. Completeness tests 2. Fix a standard/ sufficient standard tests Valid exercise of police power: 1. Law must be reasonable 2. Regulation of liberty and property 3. Reasonable connection between the object and the measn employed 2 aspects of due process: 1. Procedural- govt. agencies must follow in the enforcement and application of laws a. In courts

A court that would hear and determine the matter before it 2. Jurisdiction must be lawfully acquired 3. Defendant must be given an opportunity to be heard 4. Judgment must be rendered upon lawful hearing b. Before administrative agencies 1. Right to a hearing 2. Tribunal must consider the evidence presented 3. Decision must have something to support itself 4. Evidence must be substantial 5. Decision must be based on the evidence presented at the hearing 6. Tribunal must act independently 7. Board should let all the parties involved to know all the issues 2. Substantive- prohibition of arbitrary laws Abatement of a nuisance: 1. Public- affects a community 2. Private Nuisance per se- abatable extra judicially and summarily Nuisance per accidents- abatable judicially Attractive nuisance- dangerous instrumentality

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