Professional Documents
Culture Documents
Gonzales) 1
Power of
General
Power of
Basis Supervisio
Control
n
A. as to b. General responsibilities of the
nature of Legislative Executive National Government towards LGUs:
power i. formulate policies and set
B. as to standards and guidelines
President ii. provide funding support
who
assisted by iii. augment basic services
exercises Congress
the DILG assigned to LGUs
the
Secretary iv. provide technical and other
power
-creation, forms of assistance and
conversion coordinate on the discharge
of LGUs and of NGA functions
alteration of v. ensure the participation of
its LGUs in planning and
boundaries; implementing national
-allocate projects
powers, vi. conduct mandatory
-oversee consultations with LGUs
responsibiliti
whether
es and
LGUs are NOTE:
resources
performing ●No project shall be implemented by
among
their government authorities without consultation
LGUs;
duties in with the local government units and prior
-provide for
accordanc approval of the Sanggunian concerned.
qualification
e with law; (Sec.27)
s, election,
-
C. as to appointment
investigate ●The requirement of prior consultation
what the , removal,
and applies only to national projects and/or
power term,
impose programs which are to be implemented in a
includes salaries and
disciplinar particular local community. Although
functions
y sanctioned by the national government, the
and duties of
measures operation of lotto is neither a program nor
local
upon project of the national government but of
officials;
erring charitable institution, the Philippine Charity
-provide
elective Sweepstakes Office. The projects and
other
local programs mentioned in Sec. 27 should be
matters
governme interpreted to mean projects and programs
relating to
nt officials whose environmental and ecological effects
the
organization are among those mentioned in Sec. 26 and 27
and of the LGC (Lina vs. Pano, G.R. No. 129093,
operation of August 30, 2001).
LGUs;
-amendment c. Extent of the LCE’s authority
of charters over NGAs and their functionaries:
of LGUs.
i. The LCE can call upon any
employee stationed or assigned
in his locality to
advise him on matters affecting
the LGU as well as coordinate
with said officials, plans,
programs and projects.
ii. The LCE can enlist the
attendance of the national
official stationed in the LGU on
a meeting of elective and
appointed officials of the LGU
treating matters in the
promotion of the general
welfare of the residents.
iii. The LCE can also initiate proper
administrative or judicial action against national
government official or employee who may have
committed an offense while stationed or
assigned in the LGU.
ZPG & ASSOCIATES(Zambales.Pablo.Gonzales) 5
municipality may be validly converted into a original province directly affected. (Sec.462,
city. Income is defined in the LGC to be all LGC)
revenues and receipts collected or received
forming the gross accretions of funds of the 7. Autonomous Regions
local government unit. The IRAs are regular The Philippine Constitution mandates
and recurring income and not merely the creation of autonomous regions in
special funds or transfers and/or budgetary Muslim Mindanao and in the Cordilleras
aids from the national government or non- consisting of provinces, cities,
recurring income. The IRAs regularly and municipalities, and geographical areas
automatically accrue to the local treasury sharing common and distinctive historical
without need of any further action on the and cultural heritage, and economic and
part of the local government unit (Alvarez social cultures. (Sec.15, Art.10, PC)
vs. Guingona, 252 SCRA 695).
NOTE:
4. Conversion of a Component City into ●RA 6734, the organic act
a Highly Urbanized City establishing the Autonomous Regional
a. If a component city shall have met Government of Muslim Mindanao was held
the minimum requirements for a highly valid by the Supreme Court. (Datu
urbanized city, it shall be the duty of the Firdausi Abbas vs. COMELEC, 179 SCRA
President to declare the city as highly 287). However, the sole Province of Ifugao
urbanized city upon: (1) proper application which, in the plebiscite, alone voted in favor
and (2) upon ratification in a plebiscite by of RA 6766, cannot validly constitute the
the majority of registered voters therein. Autonomous Region of the Cordilleras.
(Ordillo vs. COMELEC, 192 SCRA 100)
b. Substantive Requisites:
1. Population- at least 200,000 8. Special Metropolitan Political
inhabitants Subdivisions
2. Income- at least P50 million The Congress may, by law, create
special metropolitan political subdivisions,
5. Creation of Provinces but the component cities and municipalities
a. Role- as a political and corporate shall retain their basic autonomy and shall
unit of government, it serves as a dynamic be entitled to their own local executives and
mechanism for development processes and legislative assemblies. The jurisdiction of
effective governance of local government the metropolitan authority that will be
units within its territorial jurisdiction. thereby created shall be limited to basic
services requiring coordination. (Sec. 11,
b. Who creates- may be created, Art. X, PC)
divided, merged, or abolished, or its
boundary substantially altered, only by an NOTE:
act of Congress, subject to the satisfaction ●With the passage of RA 7924,
of the criteria set forth by the LGC. Metropolitan Manila was declared as a
“special development and administrative
c. Substantive Requirements: region” and the administration of
1. Population- not less than “metrowide basic services affecting the
250,000 inhabitants region was placed under a “development
2. Income- average annual income authority” referred to as the Metropolitan
of at least P20 million Manila Development Authority (MMDA),
3. Land Area- a contiguous territory whose functions were without prejudice to
of at least 2000 square the autonomy of the affected local
kilometers government units. The law does not grant
police nor legislative powers to MMDA.
NOTE: Even the Metro Manila Council, the
●BP 885, which created the Province governing board of the MMDA, has not been
of Negros del Norte was declared delegated any legislative power. Clearly,
unconstitutional because it did not comply MMDA is not a political unit. There is no
with the land area criterion prescribed under grant of authority to enact ordinances and
the LGC. The use of the word territory in regulations for the general welfare of the
Sec. 17 of the LGC refers only to the inhabitants of the metropolis. MMDA cannot
physical mass of land area, not to the open for public use a private road in a
waters comprising a political entity. It private subdivision (MMDA vs. Bel-Air
excludes the waters over which the political Village Association, Inc., G.R. No.
unit exercises control (Tan vs. Comelec, 135962, March 27, 2000).
142 SCRA 727).
9. Attack against invalidity of
6. Status of Sub-provinces incorporation
Existing sub-provinces are converted No collateral attack shall lie; an
into regular provinces upon the approval by inquiry into the legal existence of a
a majority votes cast in a plebiscite to be municipal corporation is reserved to the
held in the said sub-province and the State in a proceeding for quo warranto or
ZPG & ASSOCIATES(Zambales.Pablo.Gonzales) 8
other direct proceeding. But this rule qualification of its chief executive and a
applies only when the municipal corporation majority members of the Sanggunian,
is, at least, a de facto municipal corporation. unless some other date is fixed therefore by
law or ordinance creating it. (Sec.14, LGC)
10. PLEBISCITE REQUIREMENT: Who
shall participate 12. Division and Merger of LGUs
Sec. 10 of the LGC provides that the The division and merger of local
creation, division and merger, abolition or government units shall comply with the
substantial alteration of the boundaries of same requirements for their creation. The
local government units must be approved income, population or land area shall not be
by a majority of votes cast in a plebiscite in reduced to less than the minimum
the political unit or units directly affected. requirements. Likewise, the income
Such plebiscite shall be conducted by the classification of the original local
COMELEC within 120 days from the date of government unit shall not fall below its
the effectivity of the law. The completion of current income classification prior to such
the publication of the law should be the division. (Sec.8, LGC)
reckoning point in determining the 120-day
period within which to conduct the 13. Abolition of LGUs
plebiscite, not from the date of its approval A local government unit may be
when the law had not yet been published. abolished when its income, population or
Since publication is indispensable for the land area has been irreversibly reduced to
effectivity of a law, a plebiscite can be less than the minimum standards prescribed
scheduled only after the law creating a city for its creation under the LGC, as certified
took effect. (Cawaling vs. COMELEC, Oct. by the national agencies to Congress or to
26, 2002) the Sanggunian concerned. Likewise, the
The plebiscite for the creation of a law or, ordinance abolishing an LGU shall
new province or municipality shall include specify the province, city, municipality, or
the participation of the residents of the barangay with which the local government
mother province or mother municipality in unit sought to be abolished will be
order to conform to the constitutional incorporated or merged. (Sec.9, LGC)
requirement. (Padilla vs. COMELEC, 214
SCRA 735) 14. Effects of
Annexation/Consolidation of Municipal
●In the conversion of a municipality Corporations
into a component city, however, only the 1. On the legal existence of the
registered voters of the municipality sought territory annexed- Unless
to be converted into a component city, shall otherwise provided for by law,
participate in the plebiscite. the annexation of one municipal
corporation to another will
Summary of Substantive Requirements dissolve the annexed territory. It
in the Creation of LGUs shall become part of the
annexing corporation and will fall
LGU Populati Land under the jurisdiction of the
Income
Created on area latter.
2,000 2. On the laws and ordinances of
but the annexed corporation- In the
5,000 absence of any provision of law
for to the contrary, when a territory
No No is annexed to a municipal
Metro
minimum minimum corporation, it shall become
Barangay Manila
requirem requirem subject to all the laws and
and
ent ent ordinances by which the
highly
urbanize annexing corporation is
d cities governed.
Municipal P2.5 25,000, 3. On the right of officers or
50 sq.km employees of the annexed or
ity million and
Compone P100 150,000 100 consolidated territory to continue
nt City million or sq.km. to hold their offices- Subject to
No what the legislature may provide
Highly upon annexation, the officers
P50 minimum
Urbanize 200,000 and employees of the annexed
million requirem
d City or consolidated territory shall
ent
P20 250,000 2,000 terminate their official relation
Province with their offices.
million or sq.km.
4. On the title to the property of the
annexed territory- When a
11. Beginning of Corporate Existence
municipal corporation is annexed
When a new local government unit is
to another, the annexing
created, its corporate existence shall
territory shall acquire title to the
commence upon the election and
ZPG & ASSOCIATES(Zambales.Pablo.Gonzales) 9
20%, the component city/municipality shall the financial affairs, transactions, and
receive 45% and the barangays 35%. operations of the local government units.
If the national wealth is located in two 13. The local government unit shall
or more LGUs, distribution shall be based on endeavor to have a balanced budget in each
the following: population- 70% and land fiscal year of operation.
area- 30%.
If the national wealth is located in
highly urbanized city or independent 4. Eminent Domain (§19, LGC)
component city, the HUC or ICC shall
receive 65% and the barangays shall The power to expropriate private
receive 35%. property has been delegated by Congress to
LGUs under §19, LGC. The exercise by LGUs
D. Fundamental Principles of of the power of eminent domain are subject
Local Fiscal Administration to the usual constitutional limitations such
1. No money shall be paid out of the as necessity, private property, taking, public
local treasury except in pursuance of an use, just compensation and due process of
appropriation ordinance or law; law.
2. Local government funds and The determination of whether there is
monies shall be spent solely for public genuine necessity for the exercise of the
purposes; power of eminent domain is a justiciable
3. Local revenue is generated only question when exercised by the LGUs and
from the sources expressly authorized by generally a political question when
law or ordinance, and collection thereof exercised by Congress.
shall at all times be acknowledged properly;
4. All monies officially received by NOTE:
a local government officer in any capacity or Private property already devoted to public
on any occasion shall be accounted for as use can still be a subject of expropriation by
local funds, unless otherwise provided by Congress but not by LGUs.
law;
5. Trust funds in the local treasury The additional limitations on the
shall not be paid out except in fulfillment of exercise of the power of eminent domain by
the purpose for which the trust is created or LGUs are, as follows:
the funds received. 1. Exercised only by the local chief
6. Every officer of the local executive, acting pursuant to a valid
government unit whose duties permit or ordinance;
require the possession or custody of local 2. For public use or purpose or welfare, for
funds shall be properly bonded, and such the benefit of the poor and the landless;
officer shall be accountable and responsible 3. Only after a valid and definite offer had
for said funds and for the safekeeping been made to, and not accepted by, the
thereof in conformity with the provisions of owner;
law. 4. An LGU shall file a complaint for
7. Local governments shall expropriation on the strength of an
formulate sound financial plans, and the ordinance and not a mere resolution passed
local budgets shall be based on functions, by the Sanggunian. (Municipality of
activities and projects, in terms of expected Paranaque vs. VM Realty Corp., 292 SCRA
results. 676)
8. Local budget plans and goals
shall, as far as practicable, be harmonized ●The promulgation of the ordinance
with national development plans, goals and authorizing the local chief executive to
strategies in order to optimize the utilization exercise the power must be promulgated
of resources and to avoid duplication in the prior to the filing of the complaint for
use of fiscal and physical resources. eminent domain with the proper court, and
9. Local budgets shall operationalize not after the court shall have determined
approved development plans. the amount of just compensation to which
10. Local government units shall the defendant is entitled. (Heirs of
ensure that their respective budgets Suguitan vs. City of Mandaluyong, 328
incorporate the requirements of their SCRA 137)
component units and provide for equitable
allocation of resources among these NOTE:
component units. ●An LGU may immediately take possession
11. National planning shall be based of the property upon filing of expropriation
on local planning to ensure that the needs proceedings and deposit in court of 15% of
and aspirations of the people as articulated the FMV of the property.
by the local government units in their
respective local development plans are 5. Other powers
considered in the formulation of budgets of a. Reclassification of lands (§20,
national line agencies or offices. RA 7160)
12. Fiscal responsibility shall be A city or municipality may,
shared by all those exercising authority over through an ordinance passed after
ZPG & ASSOCIATES(Zambales.Pablo.Gonzales) 12
●Petitioner was over 21 years of age on the following sectors: urban poor,
day of the election was ordered disqualified indigenous cultural
by the Supreme Court when the latter communities, disabled persons,
rejected the contention of the petitioner or any other sector as may be
that she was qualified because she was less determined by the sanggunian
than 22 years old. The phrase “not more concerned within 90 days prior
than 21 years old” is not equivalent to “less to the holding of the next local
than 22 years old” (Garvida vs. Sales). elections as may be provided by
law. The Comelec shall
2. Disqualifications (§40, RA 7160)- The promulgate the rules and
following are disqualified from running for regulations to effectively
any elective local position: provide for the election of such
a. Those sentenced by final sectoral representatives.
judgment for an offense involving
moral turpitude or for an offense 4. Date of Election
punishable by one year or more Every three years on the second
of imprisonment, within two Monday of May, unless otherwise provided
years after serving sentence; by law.
b. Those removed from office as a
result of an administrative case; 5. Term of Office
c. Those convicted by final Three years, starting from noon of
judgment for violating the oath of June 30, 1992, or such date as may be
allegiance to the Republic; provided by law, except that of elective
d. Those with dual citizenship; barangay officials. No local elective official
e. Fugitives from justice in criminal shall serve for more than three consecutive
or non-political cases here or terms in the same position. The term of
abroad; office of barangay officials and members of
f. Permanent residents in a foreign the sangguniang kabataan shall be for five
country or those who have years, which shall begin after the regular
acquired the right to reside election of barangay officials on the second
abroad and continue to avail of Monday of May, 1997. (R.A. 8524)
the same right after the
effectivity of the Code; and ●The three-term limit on a local official is to
g. The insane or feeble-minded. be understood to refer to terms for which
the official concerned was elected. Thus, a
3. Manner of Election person who was elected Vice Mayor in 1988
a. The governor, vice-governor, and who, because of the death of the Mayor,
city or municipal mayor, city or became Mayor in 1989, may still be eligible
municipal vice-mayor and to run for the position of Mayor in 1998,
punong barangay shall be even if elected as such in 1992 and 1995
elected at large in their (Borja v. Comelec, G.R. No. 133495,
respective units. The Sept. 3, 1998).
sangguniang kabataan chairman
shall be elected by the 6. Rules on Succession (§44-46, RA
registered voters of the 7160)
katipunan ng kabataan. A. Permanent vacancies: A
b. The regular members of the permanent vacancy arises when an
sangguniang panlalawigan, elective local official fills a higher vacant
panlungsod and bayan shall be office, refuses to assume office, fails to
elected by district, as may be qualify, dies, is removed from office,
provided by law. The presidents voluntarily resigns, or is permanently
of the leagues of sanggunian incapacitated to discharge the functions
members of component cities of his office.
and municipalities shall serve as a. Governor and Mayor
ex officio members of the i. Vice Governor and Vice Mayor
sangguniang panlalawigan ii. Sanggunian members according to
concerned. The presidents of ranking
the liga ng mga barangay and b. Punong barangay
the pederasyon ng mga i. Highest ranking sanggunian
sangguniang kabataan elected member
by their respective chapters, ii. Second highest ranking
shall serve as ex officio sangguniang barangay member
members of the sangguniang c. Ranking in the sanggunian shall be
panlalawigan, panlungsod or determined on the basis of the
bayan. proportion of the votes obtained to
c. In addition, there shall be one the number of registered votes in
sectoral representative from the each district.
women, one from the workers, d. Ties will be resolved by drawing of
and one from any of the lots. (§44)
ZPG & ASSOCIATES(Zambales.Pablo.Gonzales) 19
unexpired term, or a period of 6 months for shall be responsible for human resources
every administrative offense, nor shall said and development in his unit and shall take
penalty be a bar to the candidacy of the all personnel actions in accordance with the
respondent as long as he meets the Constitution, pertinent laws, including such
qualifications required for the office. But policies, guidelines and standards as the
the penalty of removal from office as a Civil Service Commission may establish;
result of an administrative investigation Provided that the local chief executive may
shall be a bar to the candidacy of the employ emergency or casual employees or
respondent for any elective position. laborers paid on a daily wage or piecework
basis and hired through job orders for local
Case: projects authorized by the sanggunian
The Supreme Court upheld the concerned, without need of approval or
imposition of the administrative penalty of attestation by the CSC as long as the said
suspension of not more than 6 months for employment shall not exceed 6 months.
each offense, provided that the successive
service of the sentence should not exceed Case:
the unexpired portion of the term of the But the Provincial Governor is
petitioners. The suspension did not amount without authority to designate the petitioner
to removal from office (Salalima vs. as Assistant Provincial Treasurer for
Guingona, 257 SCRA 55). Administration, because under §471 of the
Local Government Code, it is the Secretary
j. Administrative appeal- Decisions of Finance who has the power to appoint
may, within 30 days from receipt Assistant Provincial Treasurers from a list of
thereof, be appealed to: recommendees of the Provincial Governor
i. The sangguniang panlalawigan, (Dimaandal vs. Commission on Audit,
in the case of decisions of component cities’ 291 SCRA 322).
sangguniang panlungsod and the
sangguiniang bayan; 2. Officials common to all
ii. The Office of the President, in Municipalities, Cities and Provinces
the case of decisions of the sangguniang (§469-490, R.A. 7160)
panlalawigan and the sangguniang a. Secretary to the Sanggunian
panlungsod of highly urbanized cities and b. Treasurer
independent component cities. Decisions of c. Assessor
the Office of the President shall be final and d. Accountant
executory. e. Budget Officer
f. Planning and Development
Case: Coordinator
The Supreme Court ruled that g. Engineer
certiorari will not lie because there is still an h. Health Officer
adequate remedy available in the ordinary i. Civil Registrar
course of law, i.e., appeal of the decision of j. Administrator
the Sangguniang Panlalawigan to the Office k. Legal Officer
of the President (Malinao vs. Reyes, 255 l. Agriculturist
SCRA 616). m. Social Welfare and
Development Officer
k. Execution pending appeal n. Environment and Natural
An appeal shall not prevent a Resources Officer
decision from being executed; the o. Architect
respondent shall be considered as having p. Information Officer
been placed under preventive suspension q. Cooperatives Officer
during the pendency of the appeal. But in r. Population Officer
Berces vs. Executive Secretary, 241 SCRA s. Veterinarian
539, the Supreme Court pointed out that t. General Services Officer
Administrative Order No. 18 authorizes the
Office of the President to stay the execution NOTE:
of a decision pending appeal. A.O. No. 18 ●In the barangay, the mandated
was not repealed by the Local Government appointive officials are the Barangay
Code. Secretary and the Barangay Treasurer,
although other officials of the barangay may
l. Presidential power to grant executive be appointed by the punong barangay.
clemency
m. Effect of re-election 3. Administrative discipline
The re-election of a local official Investigation and adjudication
bars the continuation of the administrative of administrative complaints against
case against him. appointive local officials and employees as
well as their suspension and removal shall
C. Appointive Local Officials be in accordance with the civil service law
1. Responsibility for human resources and rules and other pertinent laws.
and development- The local chief executive
ZPG & ASSOCIATES(Zambales.Pablo.Gonzales) 23
such barangay units adjoin securing, through proper and legal means,
each other and the parties solutions thereto.
thereto agree to submit their
differences to amicable Case:
settlement by an appropriate Where the Supreme Court held that
lupon; Sec. 493, R.A. 7160, which empowers the
vii. Such other classes of Liga to “create such other positions as may
disputes which the President be deemed necessary”, is valid, and does
may determine in the interest not constitute an irregular delegation of
of justice or upon the power (Viola vs. Alunan, G.R. No.
recommendation of the 115844, August 15, 1997)
Secretary of Justice.
2. League of Municipalities-
4. Sangguniang Kabataan: Organized for the primary purpose of
a. Creation; composition: There ventilating, articulating and crystallizing
shall be in every barangay a issues affecting municipal governments
sangguniang kabataan to be administration, and securing, through
composed of a chairman, seven proper and legal means, solutions thereto.
members, a secretary and a
treasurer. An official who, during his
term of office, shall have passed the
age of 21 shall be allowed to serve
the remaining portion of the term for
which he was elected.
c. Pederasyon ng mga
sangguniang kabataan: There shall
be an organization of all the
pederasyon ng mga sangguniang
kabataan:
i. In municipalities, the
pambayang pederasyon;
ii. In cities, panlungsod na
pederasyon;
iii. In provinces,
panlalawigang pederasyon;
iv. In special metropolitan
political subdivisions,
pangmetropolitang pederasyon;
v. On the national level,
pambansang pederasyon.
B. The Municipality
C. The City
D. The Province
E. Leagues of Local Government
Units/Officials:
1. Liga ng mga Barangay-
Organization of all barangays for the
primary purpose of determining the
representation of the Liga in the
sanggunians, and for ventilating,
articulating and crystallizing issues affecting
barangay government administration and