Political Law Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007

LAW ON PUBLIC CORPORATION
Definition of public corporation
It is formed or organized for the government of a
portion of the State. (Corporation Code)
Elements of a municipal corporation
1. A legal creation or incorporation
2. A corporate
name by which
the
artificial personality or legal entity is
known and in which all corporate acts
are done
3. Inhabitants constituting the population
who are invested with the political and
corporate powers which are executed
through duly constituted officers and
agents
4. A place or territory within which the local
civil government and corporate functions
are exercised.
Dual nature of municipal corporations
1. Governmental
a. The municipal corporation acts as
an agent of the State for the
government of the territory and the
inhabitants within the municipal
limits
b. It exercises by delegation a part of
the sovereignty of the State
2. Private/proprietary
a. It acts in a similar category as a
business corporation, performing
functions not strictly governmental
or political
b. Those exercised for the special
benefit and advantage of the
community.
Note: Local Government Code 15. Every LGU
created or recognized under this Code is a body
politic and corporate endowed with powers to be
exercised by it in conformity with law. As such, it
shall exercise powers as a POLITICAL
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as a CORPORATE ENTITY representing the
inhabitants of its territory.
Requisites for the Incorporation
Municipal Corporation
CODE: Te Po C
1. Territory
2. Population
3. Charter

of

Requisites of a De Facto Municipal

Corporation
1. A valid law authorizing incorporation
2. An attempt in good faith to organize
under it
3. A colorable compliance with the law
4. An assumption of corporate powers
An attack on Legal Existence
A quo warranto proceeding brought by the State
is the proper remedy. It should be commenced
within 5 years from the time the act complained
of was committed.
Creation of Local Government Units (LGUs)
Authority to Create LGUs ( 6, LGC)
1. By law enacted by Congress
a. Province
b. City
c. Municipality
b. Any other political subdivision (A
barangay may also be created by
law. See 386)
2. By ordinance passed by Sangguniang
Panlalawigan /Panlungsod
For barangay located within its
territorial jurisdiction
Indicators for creation/conversion
a. Income
b. Population
c. Land Area
Plebiscite Requirement
It applies to the creation, division,
merger, abolition or substantial alteration of
boundaries of LGU.
Creation etc. should be approved by a
majority of the votes cast in a plebiscite called
for the purpose in the political unit or units
directly affected.
Beginning of Corporate Existence ( 14,
LGC)
Corporate existence commences upon the
election and qualification of its chief executive
and a majority of members of the Sanggunian
unless some other time is fixed by the law or
ordinance creating it.
Local Autonomy
Local autonomy can be considered a measure
of decentralization of the functions of
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government.
Under the principle of local
autonomy and decentralization, LGUs have
more powers, authority, responsibilities and
resources.
Decentralization
It is the devolution of national administration, not
power, to the local levels, in which local officials
remain accountable to the central government in
the manner the law may provide.
Levels of Decentralization
Administrative Autonomy
1. The central government delegates
administrative powers to the political
subdivisions.
2. Purposes
a. To broaden the local power base
b. To make the units more responsive
and accountable
c. To ensure the full development of
LGUs into self-reliant communities
d. To break the monopoly of the
national government over managing
local affairs
e. To relieve the national government
from the burden of managing local
affairs
Political Autonomy
1. Involves the abdication of political power
in favor of LGUs declared to be
autonomous
2. It would amount to self-immolation
because the autonomous government
would become accountable to its
constituency, not to the central
government.
Devolution
It refers to the act by which the national
government confers power and authority upon
the various LGUs to perform specific functions
and responsibilities. ( 17, LGC).
It is
considered mandatory under the LGC.
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Distinction between Supervision and Control

Supervision
It means the overseeing or the power or
authority of an officer to see that the subordinate
officers perform their duties.
In relation to LGUS, the President only
has the power of supervision over LGUS. Thus,
he cannot interfere with the local governments

as long as they act within the scope of their

authority.
Under the LGC (25), the President
exercises direct supervision over provinces,
highly urbanized cities and independent
component cities. He exercises indirect
supervision over component cities and
municipalities through the provinces. He also
exercises indirect supervision over barangays
through the city or municipality concerned.
Control
It means the power of an officer to alter or
modify or nullify or set aside what a subordinate
officer has done in the performance of his/her
duties and to substitute the judgment of the
former for that of the latter.
In relation to LGUs, it is Congress which
exercises control over them.
Police Power
Police power is not inherent in municipal
corporations. Under the LGC, LGUs exercise
police power under the general welfare clause
(See 16)
Branches of the general welfare clause
One branch relates to such ordinances
and regulations as may be necessary to carry
into effect and discharge the powers and duties
conferred upon the municipal council by law.
The second branch is more independent
of the specific functions of the council. It
authorizes ordinances as are necessary and
proper to provide for the health and safety,
promote prosperity, improve morals, peace,
good order etc.
Eminent Domain and Reclassification of
Land
Requisites for Valid Exercise [CODE: OPJO]
1. ORDINANCE authorizing the local chief
executive to subject a certain property to
expropriation
2. Expropriation should be for a PUBLIC
USE/PURPOSE or for the WELFARE of
the POOR/LANDLESS.
3. Payment of JUST COMPENSATION
4. Valid and definite OFFER TO PAY
which was NOT accepted.
Role of Supervising Local Government Unit
It can only declare the ordinance invalid on the
sole ground that it is beyond the power of the
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lower LGU to issue. Hence, it cannot declare
the ordinance invalid on the ground that it is
unnecessary. (Moday v. CA, Feb. 20, 1997)
Role of National Government
The approval of the national government is not
required of local governments to exercise the
power of eminent domain.
Role of Judiciary
1. Can inquire into the legality of the
exercise of the right.
2. Can determine whether there was a
genuine necessity
NOTE: Only cities and municipalities can
reclassify agricultural lands through the proper
ordinance after conducting public hearings for
the purpose.
Grounds for Reclassification
1. When the land ceases to be
economically feasible and sound for
agricultural purposes as determined by
the Department of Agriculture.
2. When the land shall have substantially
greater economic value for residential,
commercial or industrial purposes as
determined
by
the
Sanggunian
concerned.
Taxation
Power to tax of LGUs is now pursuant to direct
authority conferred by the 1987 Constitution.
Since LGUs have no inherent power to tax, their
power must yield to a legislative act.
Legislative Power
1. Local chief executive (except for punong
barangay because he is already a
member of the Sangguniang barangay)
has to approve the ordinance enacted
by the council.
2. Veto power of local chief executive. (
55)
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i. Ultra vires
ii. Prejudicial to public welfare
b. Item veto
i. Appropriations ordinance
ii. Ordinance/resolution adopting local
development plan and public
investment program

iii. Ordinance directing the payment of

money or creating liability.
Veto communicated to sanggunian
within 15 days for province and 10 days
for city or municipality.
Review by Higher/Supervising Council
1. The higher council can declare the
ordinance/resolution invalid if it is
beyond the scope of the power
conferred upon the lower Sanggunian.
2. For barangay ordinances, the higher
council can also rule that it is
inconsistent with law or city/municipal
ordinances.
Corporate Powers ( 22) CODE: S C Re C O
1. To have continuous succession in its
corporate name
2. To sue and be sued
3. To have and use a corporate seal
4. To acquire and convey real or personal
property
5. To enter into contracts
6. To exercise such other powers as are
granted to corporations, subject to
limitations in LGC/other laws.
Requisites of valid municipal contracts:
1. LGU has express, implied or inherent
power to enter into a particular contract;
2. Entered into by proper department,
board, committee, or agent;
3. must
comply
with
substantive
requirements;
4. must comply with formal requirements;
5. in case entered into by local chief
executive on behalf of LGU, prior
authorization by Sanggunian concerned
is needed
Municipal Liability
Rule: Local Government units and their officials
are not exempt from liability for death or injury to
persons or damage to property (Sec 24 R.A.
7160)
Doctrine of Implied Municipal Liability
A municipality may become obligated upon an
implied contract to pay the reasonable value of
the benefits accepted or appropriated by it as to
which it has the general power to contract; the
doctrine applies to all cases where money or
other property of a party is received under such
circumstances that the general law, independent
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of an express contract, implies an obligation to
do justice with respect to the same (Nachura,
Reviewer in Political Law, p. 499)
Qualifications of Elective Local Officials (
39)
1. Filipino citizen
2. Registered voter in:
a. the barangay, municipality, city or
province where he intends to be
elected
b. the district where he intends to be
elected in case of a member of the
Sangguniang
panlalawigan,
Sangguniang
panlungsod
or
Sangguniang bayan.
3. Resident therein for at least 1 year
immediately preceding the day of the
election.
4. Able to read and write Filipino/ any other
local language or dialect
Age requirement
POSITION
Governor, Vice
Governor, Mayor, Vice
Mayor, member of
Sangguniang
Panlungsod in highly
urbanized cities
Mayor, Vice Mayor of
independent component
cities or municipalities
Member of Sangguniang
Panglungsod, Member of
Sangguniang Bayan,
Punong Barangay,
Member of Sangguniang
Barangay

AGE
REQUIREMENT
At least 23 years old
on election day

At least 21 years old

5. Fugitives from justice in criminal or nonpolitical cases here or abroad

6. Permanent residents in a foreign
country or those who have acquired the
right to reside abroad and continue to
avail of the same right after the
effectivity of this Code
7. The insane or feeble minded
Term of Office
Term of office: 3 years
No local elective official shall serve for more
than 3 consecutive terms in the same position.
Voluntary renunciation of the office for any
length of time shall be considered an interruption
in the continuity of service for the full term for
which the elective official concerned was
elected.
Vacancies
Permanent vacancy
1. Grounds
a. Elective local official fills a higher
vacant
office
b. Refuses to assume office
c. Fails to qualify
d. Dies
e. Removed from office
f. Voluntarily resigns
g. Permanently
incapacitated
to
discharge the
functions of his
office

At least 18 years old

Disqualifications for Local Elective Officials (

40)
1. Those sentenced by final judgment for
an offense involving
moral turpitude, or
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more of imprisonment within 2 years
after serving sentence
2. Those removed from office as a result of
an administrative case.
3. Those convicted by final judgment for
violating the oath of allegiance to the
Republic
4. Those with dual citizenship

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2. Filling of vacancy
a. Automatic succession
VACANCY
1. In the office of
the governor,
mayor
2. In the office of
the governor,
vice-governor,
mayor or vicemayor
3. In the office of
the highest
ranking
Sanggunian
member (who
was supposed to
fill the vacant
position of
governor etc.
4. In the office of
the punong
barangay

b. by appointment
VACANCY
1. Sanggunian
Panlalawigan or
Panlungsod of
highly urbanized
cities and
independent
component cities
2. Sangguniang
Panlungsod of
Component Cities,
Sangguniang
Bayan
3. Sangguniang
Barangay

SUCCESSOR
Vice-Governor, ViceMayor
Highest ranking
Sanggunian member

Second highest
ranking Sanggunian
member

Highest ranking
sangguniang barangay
member/2nd highest
ranking sanggunian
member

APPOINTMENT BY
WHOM
President, through
Executive Secretary

Governor

City/Municipal
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Recommendation of
the Sanggunian
barangay concerned

3. Ranking- It is determined on the basis of

proportion of votes obtained by each
winning candidate to the total number of
registered voters in each district in the
immediately preceding local election
4. The general rule is that the successor
(by appointment) should come from the
same political party as the Sanggunian
member whose position has become
vacant. The exception would be in the
case of vacancy in the Sangguniang
barangay.
Temporary Vacancy
Grounds (not exclusive list)
1. Leave of absence
2. Travel abroad
3. Suspension from office
If the positions of governor, mayor or
punong barangay become temporarily vacant,
the vice-governor, vice-mayor or highest ranking
Sanggunian member will automatically exercise
the powers and perform the duties and functions
of the local chief executive concerned.
Exception:
He/she cannot exercise the
power to appoint, suspend or dismiss
employees. Exception to exception: If the period
of temporary incapacity exceeds 30 working
days.
Termination of temporary incapacity
Upon submission to the appropriate
Sanggunian of a written declaration by the local
chief that he has reported back to office
If the temporary incapacity was due to
legal reasons, the local chief executive should
also submit necessary documents showing that
the legal causes no longer exist.
Appointment of OIC:
The local chief executive can designate
in writing an OIC if he is traveling within the
country but outside his territorial jurisdiction for a
period not exceeding 3 consecutive days.
The OIC cannot exercise the power to
appoint, suspend or dismiss employees.
Omnibus Election Code ( 67)
Any elective official, whether national or
local, running for any office other than the one
which he is holding in a permanent capacity,
except for President and Vice-President, shall

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be considered ipso facto resigned from his office
upon filing of his certificate of candidacy.

2. Who can impose preventive suspension

IMPOSED BY:

Grounds for Disciplinary Actions ( 60)

CODE: DCDCAUAS
An elective local official may be disciplined,
suspended or removed from office on any of the
following grounds:
1. Disloyalty to the Republic of the
Philippines
2. Culpable violation of the Constitution
3. Dishonesty, oppression, misconduct in
office, gross negligence, dereliction of
duty
4. Commission of any offense involving
moral turpitude or an offense punishable
by at least prison mayor
5. Abuse of authority
6. Unauthorized
absence
for
15
consecutive working days, except in the
case of members of the Sanggunian
panlalawigan,
Sangguniang
panlungsod,
Sangguniang
bayan,
Sangguniang barangay.
7. Application for or acquisition of foreign
citizenship or residence or the status of
an immigrant of another country.
8. Such other grounds as may be provided
by the Code/other laws.
Preventive Suspension ( 63)
1. When can it be imposed
a. After the issues are joined
b. When the evidence of guilt is strong
c. Given the gravity of the offense,
there is great probability that the
continuance in office of the
respondent could influence the
witnesses or pose a threat to the
safety and integrity of the records
and other evidence

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1. President

2. Governor

3. Mayor

RESPONDENT
LOCAL OFFICIAL
Elective official of a
province, highly
urbanized
or Independent
component city
Elective official of a
component city or
municipality
Elective official of a
barangay

3. Duration of preventive suspension

Single
preventive
suspension
should not exceed 60 days.
If several administrative cases are
filed against an elective official, he
cannot be preventively suspended
for more than 90 days within a
single year on the same ground/s
existing and known at the time of
the first suspension.
Suspension
It should not exceed the unexpired
term of the respondent or a period of 6
months for every administrative offense.
Penalty is NOT a bar to the candidacy of
the respondent suspended as long as he meets
the qualifications for the office.
Removal as result of Administrative
Investigation
It serves as a BAR to the candidacy of the
respondent for any elective position.
Recall ( 69-75)
Recall is the power of the electorate (registered
voters) to remove a local elected official for loss
of confidence through the holding of a
special/recall election.
Two modes of initiating a recall:
1. adoption of a resolution by the
Preparatory
Recall
Assembly
(composed of local officials of the
lower/supervised local government unit)
2. petition by at least 25% of the registered
voters.
GROUND = Loss of confidence

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Process of Initiating Recall
I. By Preparatory Recall Assembly (PRA)
1. Composition of PRA
IMPOSED BY:
1. President

2. Governor

3. Mayor
LEVEL
1. Provincial

2. City

3. Legislative
district
4. Municipal

RESPONDENT LOCAL
OFFICIAL
Elective official of a
province, highly
urbanized
or Independent
component city
Elective official of a
component city or
municipality
Elective official of a
barangay
COMPOSITION
Mayors, vice-mayors,
Sanggunian members of
the municipalities and
component cities
Punong barangay and
Sangguniang barangay
members in the city
Elective
municipal/barangay
officials
Punong barangay and
sangguniang barangay
members in the
municipality

2. Procedure
Session in a public place to initiate recall
proceeding
Resolution adopted by a majority of all
the members of the PRA during the
session called for the purpose of
initiating recall proceedings
II. By Petition of Registered Voters
Petition of at QuickTime
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LGU concerned during the election
in which the local official sought to
be recalled was elected.
The written petition for recall should
be duly signed before the election
registrar or his representative and in
the presence of the representative
of the petitioner and the official
sought to be recalled.

It should be signed in a public place.

Petition should be filed with
COMELEC through its office in the
LGU concerned
Publication of petition for 10-20 days
in order to verify the authenticity and
genuineness of the petition and the
required % of voters.
Conduct of Recall Election
The official/s sought to be recalled are
automatically considered as duly
registered candidates.
The date set for the recall election
should not be less than 30 days after
filing of resolution/petition in the case of
barangay, city or municipal officials and
45 days in the case of provincial officials
Effectivity of Recall
Recall will only be effective upon the
election and proclamation of a
successor.
If the official sought to be recalled
receives the highest number of votes,
confidence in him is affirmed and he
shall continue in office.
Limitations on Recall
Elective local official can be the subject
of a recall election only once during his
term of office.
No recall shall take place within 1 year
from the date of the officials assumption
to office or 1 year immediately
preceding a regular local election.
LOCAL Initiative ( 120-125)
It is the legal process whereby the registered
voters of a LGU may directly propose, enact or
amend any ordinance
NOTE: In Garcia v. Comelec, the SC ruled that
a resolution can also be the proper subject of an
initiative
Who May Exercise Power
It may be exercised by all registered voters of
the provinces, cities, municipalities, barangays.
Procedure
1. Number of voters who should file
petition with Sanggunian concerned
a. Provinces and cities - at least 1000
registered voters
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b. Municipality - at least 100
c. Barangay - at least 50
2. Sanggunian concerned has 30 days to
act on the petition. If the Sanggunian
does not take any favorable action, the
proponents may invoke the power of
initiative, giving notice to Sanggunian.
3. Proponents will have the following
number of days to collect required
number of signatures
a. Provinces and cities - 90 days
b. Municipalities - 60 days
c. Barangays - 30 days
4. Signing of petition
5. Date for initiative set by Comelec if
required number of signatures has been
obtained.

approve, amend or reject any ordinance enacted

by the Sanggunian.
Authority of Courts
The proper courts can still declare void any
proposition
adopted
pursuant
to
an
initiative/referendum on the following grounds:
1. Violation of the Constitution
2. Want of capacity of the Sanggunian
concerned to enact the measure.
Camid v. Office of the President, 448 SCRA
711 (January 17, 2005)
Ratio:

Effectivity of Proposition
If proposition is approved by a majority
of the votes cast, it will take effect 15
days after certification by the Comelec
as if the Sanggunian and the local chief
executive had taken affirmative action.
If it fails to obtain required number of
votes, it is considered defeated
Limitations
It should not be exercised more than
once a year.
It can only extend to subjects or matters
which are within the legal powers of the
Sanggunians to enact.
If the Sanggunian adopts in toto the
proposition presented and the local chief
executive approves the same, the
initiative shall be cancelled.
Limitations upon Sanggunians
The Sanggunian cannot repeal, modify
or amend any proposition or ordinance
approved
through
system
of
initiative/referendum within 6 months
from the date of approval thereof.
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repeal the proposition/ordinance w/in 3
years thereafter by a vote of of all its
members.
For barangays, the applicable period is
18 months.

Pelaez (122 Phil 965) and its offspring

cases ruled that the President has no
power to create municipalities, yet
limited its nullificatory effects to the
particular municipalities challenged in
actual cases before this Court. With the
promulgation of the Local Government
Code, the legal cloud was lifted over the
municipalities similarly created by
Executive Order but not judicially
annulled Section 442B of the Local
Government Code deemed curative
whatever legal effects to title those
municipalities had labored under.
Municipal corporations may exist by
prescription where it is shown that the
community has claimed and exercised
corporate functions, with the knowledge
and acquiescence of the legislature, and
without interruption or objection for
period long enough to afford title by
prescription.
The legal effect of the nullification of a
municipality in Pelaez case was to
revert the constituent barrios of the
voided town back into their original
municipalities.

Referendum ( 126-127)
It is the legal process whereby the registered
voters of the local government units may
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Atienza v Villarosa , 458 SCRA 385 (May 10,
2005)

Laxina, Sr. v Office of the Ombudsman*, 471

SCRA 542 (September 30, 2005)

Ratio:

Ratio:
The provisions of Republic Act 7160 are
anchored on principles that give effect to
decentralization.
The Vice-Governor, as the presiding
officer
of
the
Sangguniang
Panlalawigan, has administrative control
of the funds of the said body and it is he
who has the authority to approve
disbursement vouchers for expenditures
appropriated for the operation of the
Sangguniang Panlalawigan.
While Republic Act 7160 is silent as to
the matter, the authority granted to the
Vice-Governor to sign all warrants
drawn on the provincial treasury for all
expenditures appropriated for the
operation
of
the
Sangguniang
Panlalawigan as well as to approve
disbursement vouchers relating thereto
necessarily includes the authority to
approve purchase orders covering the
same applying the doctrine of necessary
implication.
While the Governor has authority to
appoint officials and employees whose
salaries are paid out of the provincial
funds, this does not extend to the
officials and employees of the
Sangguniang Panlalawigan because
such authority is lodged with the ViceGovernor. The appointing power of the
Vice-Governor is limited to the
employees
of
the
Sangguniang
Panlalawigan as well as those of the
Office of the Vice-Governor, whose
salaries are paid out of the funds
appropriated for the Sangguniang
Panlalawigan if the salary of an
employee or official is charged aagainst
the provincial funds,
even if this
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or is assigned to his office, the Governor
retains the authority to appoint the said
employee

The Office of the Ombudsman has

concurrent jurisdiction with the local
government units over administrative
cases against elective officials such as
barangay chairmen.

Republic v Gingoyon*,
(December 19, 2005)

478

SCRA

474

Ratio:

The
Court
cannot
accept
the
Governments proposition that the only
properties that may be expropriated
under Republic Act No. 8974 are
parcels of land RA No. 8974
contemplates within its coverage such
real property constituting land, buildings,
roads, and constructions of all kinds
adhered to the soil.

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