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Gonzales) 1

municipal limits; it exercises


by delegation a part of the
LAW ON PUBLIC sovereignty of the State.
CORPORATIONS b. Private/Proprietary—it
acts in a similar category as
a business corporation,
A. General Principles performing functions not
strictly governmental or
1. CORPORATION—an artificial being political; it stands for the
created by operation of law, having the community in the
right of succession and the powers, administration of local
attributes and properties expressly affairs. It acts as a separate
authorized by law or incident to its entity for its own purposes
existence. and not as a subdivision of
a. PUBLIC CORPORATION—one the State.
formed and organized for the
government of a portion of the State. 5. Criterion to determine whether
corporation is public:
The relationship of the
2. Classes of Corporation: corporation to the State, i.e., if created
a. Public or Municipal—a by the State as its own agency to help
body politic and corporate the State in carrying out its
constituted by incorporation governmental functions, then it is
of inhabitants of city or public, otherwise, it is private.
town for purposes of local
government thereof or as 6. De Facto Municipal Corporation
agency of State to assist in --a corporation that may exist in
civil government of the fact although not point of law because
country; one formed and of certain defects in some essential
organized for the features of its incorporation.
government of a portion of
the State. 7. Elements of De Facto Municipal
b. Private—one formed for Corporation:
some private purpose, a. A valid law authorizing
benefit, aim or end. incorporation
b. An attempt in good faith to
c. Quasi-Public—a private
organize under it
corporation that renders c. A colorable compliance with
public service or supplies the law
public wants. d. An assumption of corporate
d. Quasi-corporation—public powers
corporations created as 8. Three forms of
agencies of State for narrow decentralization:
and limited purpose.
a. Devolution- is the
3. Elements of Municipal transfer of power and authority
Corporation from the national government
a. Legal creation or to LGUs as the territorial and
incorporation political subdivisions of the
b. Corporate name State. The nature of power
c. Inhabitants transfer is political and the
d. Territory approach is territorial or areal.
4. Dual Nature of Municipal b. Deconcentration-
Corporation is the transfer of power,
●Every local government unit authority or responsibility, or
created or organized is a body politic the discretion to plan, decide
and corporate endowed with powers to and manage from central point
be exercised by it in conformity with or local levels, but within the
law. As such, it shall exercise powers central or national government
as political subdivision of the National itself. The nature of the
Government and as a corporate entity transfer is administrative and
representing the inhabitants of its the approach is sectoral.
territory. c. Debureaucratizati
a. Public/Governmental—it on- is the transfer of some
acts as an agent of the public functions and
State for the government of responsibilities, which the
the territory and the government may perform, to
inhabitants within the private entities or non-
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governmental organizations; it 3. Field health and hospital


is people’s empowerment or services and other tertiary health
participation in local services of the DOH;
governance. 4. Public works and infrastructure
projects funded out of local funds of
●Decentralization of the DPWH;
Administration- the central 5. The school building program of
government delegates administrative the DECS;
powers to political subdivisions in 6. Social welfare services of the
order to broaden the base of DSWD;
government power. 7. Tourism facilities and tourism
promotion and development of the
●Decentralization of Power DOT;
(Political Decentralization)- 8. Telecommunications services
involves abdication of political power for provinces and cities of the DOTC;
in favor of LGU’s declared 9. Housing projects for provinces
autonomous. (Limbonas vs. and cities; and
Mangelin, 170 SCRA 786) 10. Other services such as
investment support.
NOTE:
●Local Autonomy- is self- 9. How local autonomy enhances
governing. It is the granting of more governmental and corporate powers of
powers, authority, responsibilities and LGUs:
resources to the lower or local levels of
a government system. The principle of a. Every local government unit shall
local autonomy under the 1987 have:
Constitution simply means i. Full autonomy in their exercise
decentralization. It does not make the of proprietary rights and
local government sovereign within the management of economic
state or an “imperium in imperio. enterprises.
ii. Full authority to secure
domestic or foreign grants without
the approval of the NGAs
concerned, unless these are
projects with national security
Among the regulatory powers of the implications, and
National Government Agencies transferred or iii. Financial undertakings for LGUs
devolved to the LGUs include the following: for mutual advantage thru loans
and assistance to calamity-stricken
1. The reclassification of LGUs.
agricultural lands- DAR to cities and
municipalities
2. Enforcement of environmental B. R.A. 7160—Policy and Application;
laws- DENR to all LGUs Constitutional Provisions
3. Inspection of food products and
quarantine- DOH to cities and 1. Effectivity—January 1, 1992
municipalities 2. Scope of Application (Sec. 4,
4. The enforcement of the RA 7160)
National Building Code- DPWH to cities Applicable to:
and municipalities a. all provinces
5. The processing and approval of b. cities
subdivision plans- HLURB to cities and c. municipalities
municipalities d. barangays
6. The operation of tricycles- e. and other political
LTFRB to cities and municipalities bodies as may be
7. The establishment of cockpits created by law, and
and holding of cockfights- Philippine f. to the extent provided
Gamefowl Commission to cities and in the LGC (i.e.
municipalities devolution of powers):
-officials
Among the basic services and -offices, or
facilities devolved to LGUs include: -agencies of the
National
1. Agricultural extension and on- Government
site research of the Department of
Agriculture; 3. Rules of Interpretation (Sec.
2. Community-based forestry 5, RA 7160)
project of the DENR; a. Any provision on a local
government unit shall be
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liberally interpreted its communications and


favor, and in case of doubt, any make them more
question thereon shall be effective partners in
resolved in favor of devolution the attainment of
of powers and of the lower local national goals.
government unit. Any fair and b. To ensure the
reasonable doubt as to the accountability of local
existence of the power shall be gov’t units through the
interpreted in favor of the local institution of effective
government unit concerned; mechanisms of recall,
initiative and
b. In case of doubt, any tax referendum.
ordinance or revenue measure c. To require all national
shall be construed strictly agencies and offices to
against the local gov’t unit conduct periodic
enacting it, and liberally in consultations with
favor of the taxpayer. Any tax appropriate local gov’t
exemption, incentive or relief units, non-
granted by any local gov’t unit governmental and
pursuant to the provisions of people’s organizations
this Code shall be construed and other concerned
strictly against the person sectors of the
claiming it; community before any
project or program is
c. The general welfare implemented in their
provisions in this Code shall respective
be liberally interpreted to jurisdictions.
give more powers to local
gov’t units in accelerating
economic development and II. INTER-GOVERNMENTAL RELATIONS
upgrading the quality of life 1. National Government and Local
for the people in the Government Units
community.
a. The President shall exercise general
d. Rights and obligations supervision over LGUs.
existing on the date of i. The President shall exercise
effectivity of this Code and supervisory authority
arising out of contracts or directly over provinces,
any other source of highly urbanized cities and
prestation involving a local independent component
gov’t unit shall be governed cities.
by the original terms and ii. The President shall exercise
conditions of said contracts supervision over component
or the law in force at the cities and municipalities,
time such rights were through province, and over
vested. barangays through city and
municipality. (Sec. 25)
e. In the resolution of
controversies arising under The President’s power of
this Code where no legal general supervision over
provision or jurisprudence LGUs includes the authority
applies, resort may be had to investigate and impose
to the customs and disciplinary measures
traditions in the place where (suspension or removal)
the controversies take upon elective local officials.
place.

4. Declaration of State Policy


over LGU’s (Sec. 2, RA 7160)

a. The territorial and


political subdivisions of
the State shall enjoy
genuine and
meaningful local
autonomy to enable
them to attain their
fullest development as
self-reliant
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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.
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Power of Control and Power of


General
Supervision distinguished:

2. Inter-Local Government Relations


b. The city or municipality, through the
a. The province, through the governor, mayor, shall ensure that barangays act
shall ensure that every component city and within the scope of their powers.
municipality acts within its powers.

c. Special Local Bodies where the


private sector may participate in local
governance:
c. The governor shall review all executive
orders promulgated by the mayor. The 1. Local Development Council
mayor shall review orders promulgated -a duly constituted body which shall
by the punong barangay. assist the corresponding Sanggunian in
setting the direction of economic and
The Sangguniang Panlalawigan of a social development, and coordinating
province reviews all ordinances enacted by development efforts in its territorial
the Sangguniang Panlungsod of component jurisdiction.
cities and Sangguniang Bayan of
municipalities under their jurisdiction. In turn, 2. Prequalification, Bids and
the Sangguniang Panlungsod and Awards Committee (PBAC)
Sangguniang Bayan review all ordinances ●responsible for the conduct of
passed by the Sannguniang Barangay under prequalification of contractors, bidding,
the jurisdiction. evaluation of bids, and the
Likewise, the Sangguniang recommendation of awards concerning
Panlalawigan of a province exercises the local infrastructure projects.
quasi-judicial function (administrative ●governor or the city or
disciplinary authority) of hearing and deciding municipality mayor: Chairman
administrative cases involving elective
municipal and component city officials under 3. Local Peace and Order Council,
their jurisdiction. In turn, the Sangguniang pursuant to E.O. No.309, as
Panlungsod and Sangguniang Bayan exercise amended, Series of 1988.
disciplinary authority over elective barangay
officials within their jurisdiction. 4. Local School Board
The DECS shall consult the Board
3. Relations with People’s Organizations on the appointment of division
and Non-Government Organizations superintendents, district supervisors,
school principals, and other school
a. Private Sector Participation in Local officials.
Governance
Purpose: to ensure the viability of local 5. Local Health Board
autonomy as an alternative strategy for
sustainable development. LGUs shall 6. People’s Law Enforcement Board
encourage private-sector participation (PLEB)
in the delivery of basic services.
b. Role of POs, NGOs in the LGUs: III. CREATION, CONVERSION, DIVISION,
●LGUs shall promote the establishment MERGER AND CONSOLIDATION, AND
and operation of people’s and non- ABOLITION OF LGUs
governmental organizations as active
partners. A. Creation of LGUs:
A local government unit may be
●LGUs may enter into joint venture and created, divided, merged, abolished, or its
cooperative undertakings with people’s and boundaries substantially altered by law
non-governmental organizations enacted by Congress in the case of a
particularly in the following: province, city, municipality, or other political
1. delivery of certain basic subdivisions, or by Sanggunian
services Panlalawigan or Sanggunian Panlungsod
2. capability building and ordinance in the case of a barangay. (Sec.6)
livelihood projects; and
3. developing local enterprises NOTE:
designed to improve productivity and income, ●nature of the power to create:
diversifies agriculture, spur rural LEGISLATIVE
industrialization, and enhance the economic
and social well-being of the people. 1. While the power to create barangays has
been delegated to Sanggunian Panlalawigan
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and Sangguniang Panlungsod, Congress, in


order to enhance the delivery of basic 2. Income- no minimum income
services in indigenous cultural communities, requirement
may create barangays in such communities
notwithstanding the requirements set forth 3. Land Area- no minimum
by law. (Sec.385a, LGC) requirement, but it must be
contiguous but it need not be
2. The creation or conversion of a local contiguous if the barangay is
government unit to another level shall be comprised with two or more
based on the following verifiable indicators islands.
of viability and projected capacity to provide
services: NOTE:
a. Sufficient income and ●The creation of the new barangay shall not
b. Population and/or however reduce the population of the
c. Land area original barangay to less than the minimum
requirement prescribed in the Code.
NOTE: Compliance with the above-cited (Sec.386, LGC)
indicators shall be attested by the
Department of Finance, the National 2. Creation of Municipalities
Statistics Office and the Land Management a. Role: serves primarily as a general
Bureau of the DENR, respectively. purpose government for the coordination
and delivery of basic, regular and direct
3. Necessity of Fixing Corporate services and effective governance of the
Limits: inhabitants within its territorial jurisdiction.
As a matter of general rule, municipal
corporations cannot, without legal b. Who creates: may be created,
authorization, exercise its powers beyond its divided, merged, abolished or its boundary
own corporate limits. It is necessary that it substantially altered only by an act of
must have its boundaries fixed, definite and Congress subject to the criteria established
certain, in order that may be identified and by the Code.
that all may know the exact scope or
section of territory or geographical division c. Substantive Requisites:
embraced within the corporate limits and 1. Population- at least 25,000
over which the municipal corporation has inhabitants
jurisdiction. A description of the boundaries 2. Income- average annual income
of a municipal corporation is said to be an of at least P2.5 million for the
essential part of its charter and necessary to last two consecutive years based
corporate existence. An incorporation is on the 1991 constant prices.
void where the boundaries of the municipal 3. Land Area- a contiguous territory
corporation are not described with certainty. of 50 square kilometers.

4. Manner of Creation 3. Creation of Component Cities


1. Creation of Barangays: a. Role- serves primarily as a
a. Role: serves as the primary general purpose government for the
planning and implementing unit of coordination and delivery of basic, regular
government policies, plans programs, and direct services and effective
projects and activities in the community, governance of the inhabitants within its
and as a forum wherein the collective views territorial jurisdiction.
of the people may be expressed, crystallized
and considered, and where disputes may be b. Who creates- may be created,
amicably settled. divided, merged or abolished, or its
boundary substantially altered only by an
b. Who creates: a barangay may act of Congress subject to the criteria
be created, divided, merged, abolished or provided in the Code.
its boundary substantially altered by law or
by an ordinance of the Sangguniang c. Substantive Requisites:
Panlalawigan or Sangguniang Panlungsod. 1. Population- at least 150,000
Where a barangay is created by an inhabitants
ordinance of the Sangguniang Panlalawigan, 2. Income- at least P100 million for
the recommendation of the Sangguniang the last two consecutive years
Bayan concerned shall be necessary. 3. Land Area- contiguous territory
of at least 100 square
c. Substantive Requisites: kilometers
1. Population- at least 2000
inhabitants NOTE:
●Except in cities and ●The Internal Revenue Allotments
municipalities within Metro Manila or shall be included in the computation of the
in highly urbanized cities—must be average annual income of the municipality
at least 5000 inhabitants for purposes of determining whether the
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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
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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
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property of the annexed territory d. Doctrine of the right of self-


at the time of annexation government, but applies only in States
without compensation unless the which adhere to the doctrine.
annexing statute provides
otherwise. Where the annexed
territory, however, forms part of 2. Classifications:
a municipality from which it is a. Express, implied and inherent
taken, the legislature may b. Public or governmental, private or
provide for the payment of proprietary
compensation for the c. Intramural or extramural
indebtedness incurred on d. Mandatory and directory, ministerial
account of the property taken. and discretionary
With regard to public
buildings and improvements 3. Execution of powers:
located in the annexed a. Where the statute prescribes the
territory, the annexing territory manner of exercise, the procedure must be
is not required to pay for said followed.
buildings or improvements as b. Where the statute is silent, local
they have already been paid for government units have discretion to select
by the annexed territory. It reasonable means and methods of exercise.
would be otherwise if there
exists an indebtedness on said B. GOVERNMENTAL POWERS:
buildings in which case, the 1. General Welfare Clause- the statutory
annexing state may be required grant of police power to local government
to share in the payment of said units.
indebtedness. ●Limitations:
5. On the debts and obligations of a. Express grant by law
the annexed territory- It has b. Exercisable only within the territorial
been stated that debts and limits of the LGU, except for protection of
obligations of a municipal water supply
corporation contracted before its c. Equal protection clause
annexation to another territory d. Due process clause
shall be assumed by the e. Must not be contrary to the Constitution
annexing territory in the absence and the laws.
of any provision to the contrary.
The same rule applies of NOTE:
consolidation where the A local government unit may
consolidating municipal exercise delegated governmental powers:
corporation is held responsible ●Police power (under the General Welfare
for the indebtedness and Clause)
obligations incurred by the ● Power of Taxation
territories which are ● Power of Eminent Domain
consolidated.
a. Requisites for the validity of a
15. Effects of Division of LGUs municipal ordinance:
On the legal existence of the original 1. Must not contravene the Constitution
corporation: The division of municipal and any statute;
corporation extinguishes the corporate 2. Must not be unfair or oppressive;
existence of the original municipality. 3. Must not be partial or discriminatory;
On the property, powers and rights 4. Must not prohibit, but may regulate
of the original corporation: Unless the law trade which is not illegal per se;
provides otherwise, when a municipal 5. Must not be unreasonable; and
corporation is divided into two or more 6. Must be general in application and
municipalities, each municipality acquires consistent with public policy.
title to all the property, powers, rights and
obligations falling within its territorial ●An ordinance extending burial
jurisdiction. assistance of P500 to a bereaved family
whose gross income does not exceed
P2,000 a month, has been upheld by the
IV. GENERAL POWERS AND ATTRIBUTES Supreme Court as a valid exercise of police
OF LGUs power. This power is organic and flexible.
A. Powers in general The care for the poor is generally
recognized as a public duty. The support for
1. Sources: the poor has long been an accepted
a. Sec. 25, Art II: Secs. 5,6 and 7, Art. X, exercise of police power in the promotion of
Philippine Constitution common good. The police power of a
b. Statutes, e.g., R.A. 7160 municipal corporation is broad and
c. Charter (particularly of cities) commensurate with the duty to provide for
the real needs of the people in their health,
ZPG & ASSOCIATES(Zambales.Pablo.Gonzales) 10

safety, comfort, and convenience as concerned through an ordinance has the


consistently as may be with private rights. power to impose a tax, fee or charge. The
It extends to all the great public needs and procedural requirements of public hearing
in a broad sense includes all legislation and and publication must be observed for
almost every function of the municipal purposes of compliance with the
government. (Binay vs. Domingo, 201 requirements of due process.
SCRA 508)
C. Fundamental Principles on Local
taxation
2. Basic Services and Facilities: 1. Taxation shall be uniform in each
§17, LGC—(a) Local government units local government unit;
shall endeavor to be self-reliant and shall 2. Taxes, fees, charges and other
continue exercising the powers and impositions shall:
discharging the duties and functions a. be equitable and based as far as
currently vested upon them. They shall also practicable on the taxpayer’s ability
discharge the functions and responsibilities to pay;
of national agencies and offices devolved to b. be levied and collected only for
them pursuant to this Code. Local public purposes;
government units shall likewise exercise c. not be unjust, excessive, oppressive
such other powers and discharge such other or confiscatory;
functions and responsibilities as are d. not be contrary to law, public policy,
necessary, appropriate, or incidental to national economic policy, or in
efficient and effective provision of the basic restraint of trade.
services and facilities enumerated under the 3. The collection of taxes, fees, charges
Code. and other impositions shall in no
case be let to any private persons;
●Devolution refers to the act by which the 4. The revenue collected pursuant to
national government confers powers and the provisions of the LGC shall inure
authority upon the various local government solely to the benefit of, and be
units to perform specific functions and subject to disposition by, the local
responsibilities. This includes the transfer government unit levying the tax, fee,
to the local government units of the records, charge or other imposition unless
equipment and other assets and personnel otherwise specifically provided
of national agencies and offices. herein; and
5. Each local government unit shall, as
3. Power to generate and apply far as practicable, evolve a
resources (§18, LGC) progressive system of taxation.
The exercise by local governments of
the power to tax is ordained by the present NOTES:
Constitution (§5, Art. X, Phil. Constitution). ●Shares of LGUs in the proceeds of
Only guidelines and limitations that may be national taxes
established by Congress can define and The share of the LGU in Internal
limit such power of local governments. But Revenue Taxes is 40%. The 40% IRA is
local governments have no power to tax allocated to LGUs as follows: for provinces
instrumentalities of the National and cities- 23%; for municipalities- 34%; for
Government. PAGCOR being an barangays- 20%.
instrumentality of the National Government No less than 20% of the IRA is
is therefore exempt from local taxes. allotted for development project by the local
(Basco vs. PAGCOR, 197 SCRA 52) unit from the IRA.

●Main Sources of Revenues of LGUs ●Shares in National Wealth


A. Under the Constitution 40% of the gross collection from
1. taxes, fees and charges (§5, mining taxes, royalties, forestry and fishery
Art. X) charges, and from each share in any joint
2. share in the national taxes- effort in utilizing and developing the
Internal Revenue Allotment national wealth within the LGU’s jurisdiction
3. share in the proceeds of the and shall be remitted without need for
utilization and development further action to the local treasurer on a
of the national wealth within quarterly basis within five days after the
their areas (§7, Art. X) end of every quarter.
B. Under the Local Government Code LGUs shall receive 1% of the gross
1. floating of bonds sale or receipts of the preceding calendar
2. grants/aids year and 40% of taxes, fees or charges that
GOCCs would have paid if not tax exempt,
●All LGUs are empowered to create their whichever is higher.
own sources of revenue and to levy taxes,
fees and charges subject to the provisions ●How National Wealth is Distributed
on local taxation consistent with the basic If the national wealth is located in
policy of local autonomy. The Sanggunian one province, the province shall receive
ZPG & ASSOCIATES(Zambales.Pablo.Gonzales) 11

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

conducting public hearings for the i. Component cities and


purpose, may authorize the municipalities, upon the
reclassification of agricultural lands recommendation of the sangguniang
and provide for the manner of their concerned;
utilization or their disposition: ii. Provincial roads, avenues,
i. When the land ceases to be boulevards, thoroughfares and bridges;
economically feasible and iii. Public vocational or
sound for agricultural technical schools and other post
purposes as determined by secondary and tertiary schools;
the Department of Agriculture; iv. Provincial hospitals, health
ii. Where the land shall have centers, and other health facilities;
substantially greater economic and
value for residential, commercial v. Any other public place or
or industrial purposes as building owned by the provincial
determined by the sanggunian; government.
provided that such reclassification
shall be limited to the following 2. Highly Urbanized and
percentage of the total Independent Component Cities- The
agricultural land area at the time sanggunians of HUCs and ICCs may change
of the passage of the ordinance: the name of the following within its
territorial jurisdiction:
●for highly urbanized cities and i. City barangays, upon the
independent component cities: recommendation of the sangguniang
15% barangay concerned;
●for component cities and 1st to ii. City roads, avenues,
3rd class municipalities: 10% boulevards, thoroughfares, and
●for 4th and 6th class bridges;
municipalities: 5% iii. Public elementary,
secondary and vocational or
●Provided that agricultural land distributed technical schools, community
to land reform beneficiaries shall not be colleges and non-chartered colleges;
affected by such reclassification. iv. City hospitals, health
centers and other health facilities;
b. Closure and opening of roads and
(§21, RA 7160) v. Any other public place or
A local government unit may, building owned by the city
pursuant to an ordinance, permanent or government.
temporarily close or open any local road,
alley, park, or square falling within its 3. Component Cities and
jurisdiction, provided that in case of Municipalities- The sanggunians of
permanent closure, such ordinance must be component cities and municipalities may
approved by at least 2/3 of all the members change the name of the following within its
of the sanggunian, and when necessary, territorial jurisdiction:
and adequate substitute for the public i. City and municipal
facility shall be provided. barangays, upon recommendation of
the sangguniang barangay
NOTE: concerned;
●Additional limitations in case of ii. City, municipal and
permanent closure: barangay roads, avenues,
i. Adequate provision for the boulevards, thoroughfares, and
maintenance of public safety must be made; bridges;
ii. The property may be used or iii. City and municipal public
conveyed for any purpose for which elementary, secondary and
other real property may be lawfully vocational or technical schools, post-
used or conveyed, but no freedom secondary and other tertiary schools;
park shall be closed permanently iv. City and municipal
without provision for its transfer or hospitals, health centers and other
relocation to a new site. health facilities; and
v. Any other public place or
●Temporary closure may be made during building owned by the municipal
an actual emergency, fiesta celebrations, government.
public rallies, etc.
NOTES:
c. Naming of LGUs, public ●None of the foregoing local government
places, streets and structures units, institutions, places, or buildings shall
1. Provinces- The sangguniang be named after a living person, nor may a
panlalawigan may change the name of the change of name be made unless for a
following within its territorial jurisdiction: justifiable reason and, in any case, not
oftener than once every ten years. The
ZPG & ASSOCIATES(Zambales.Pablo.Gonzales) 13

name of a local government unit or a public to the respective


place, street or structure with historical, sanggunians of the
cultural, or ethnic significance shall not be parties.
changed, unless by a unanimous vote of the Procedure:
sanggunian concerned and in consultation In the event the sanggunian fails to
with the Philippine Historical Commission. effect an amicable settlement within 60
days from the date the dispute was referred
●A change of name of a public school shall thereto, it shall issue a certification to that
be made only upon the recommendation of effect. Thereafter, the dispute shall be
the local school board concerned. formally tried by the sanggunian concerned
which shall decide the issue within 60 days
●A change of name of public hospitals, from the date of the certification referred to
health centers, and other health facilities above.
shall be made only upon the Within the time and manner
recommendation of the local health board prescribed by the Rules of Court, any party
concerned. may elevate the decision of the sanggunian
concerned, any party may elevate the
●The change of name of any local decision of the sanggunian concerned to the
government unit shall be effective only proper Regional Trial Court having
upon ratification in a plebiscite conducted jurisdiction over the area in dispute. The
for the purpose in the political unit directly Regional Trial Court shall decide the appeal
affected. within one (1) year from the filing thereof.
●In any change of name, the Office of the Pending final resolution of the case, the
President, the representative of the disputed area prior to the dispute shall be
legislative district concerned, and the maintained and continued for all legal
Bureau of Posts shall be notified. (§13, LGC) purposes. (§119, LGC)

d. Settlement of boundary e. Authority over police units


disputes (§118 a-d, RA 7160): (§6, Art. XVI, Philippine Constitution)
Boundary disputes between The State shall establish and
and among local government units maintain one police force, which shall be
shall, as much as possible, be settled national in scope and civilian in character,
amicably. To this end: to be administered and controlled by a
a. Boundary disputes National Police Commission. The authority
involving two or more of local executives over the police units in
barangays in the same their jurisdiction shall be provided by law.
city or municipality
shall be referred for 6. LOCAL LEGISLATIVE POWER
settlement to the A. Products of legislative action
sangguniang 1. Ordinance- prescribes a
panlungsod or rule of conduct.
sangguniang bayan 2. Resolution- of temporary
concerned. character, or expresses sentiment.
b. Boundary disputes
involving two or more B. Requisites for validity:
municipalities within 1. Must not contravene the
the same province shall Constitution and any statute
be referred for 2. Must not be unfair or
settlement to the oppressive
sangguniang 3. Must not be partial or
panlalawigan discriminatory
concerned. 4. Must not prohibit, but may
c. Boundary disputes regulate trade
involving municipalities 5. Must not be unreasonable
or component cities of 6. Must be general in
different provinces application and consistent with
shall be jointly referred public policy.
for settlement to the
sanggunians of the •Approval of ordinances:
provinces concerned. Ordinances passed by the
d. Boundary disputes sangguniang panlalawigan, sangguniang
involving a component panlungsod or sangguniang bayan shall be
city or municipality on approved:
the one hand and a If the local chief executive approves the
highly urbanized city same, affixing his signature on each and
on the other, or two or every page thereof.
more highly urbanized If the local chief executive vetoes the same,
cities, shall be jointly and the veto is overridden by 2/3 vote of all
referred for settlement the members of the sanggunian.
ZPG & ASSOCIATES(Zambales.Pablo.Gonzales) 14

6. A majority of all the members of the


●Where petitioner was charged with sanggunian shall constitute a quorum. (§53)
falsification of a public document for
approving a resolution which purportedly 7. An ordinance shall be approved by the
appropriated money to pay for the terminal local chief executive by affixing his
leave of 2 employees when actually no such signature in each and every page thereof.
resolution was passed, the petitioner argued
that his signature on the resolution was 8. The governor or mayor may veto any
merely ministerial. The Supreme Court item in the following cases:
disagreed, saying that the grant of the veto a. Particular item or items in an
power accords the Mayor the discretion appropriations ordinance
whether or not to approve the resolution. b. Ordinance adopting a local
(De Los Reyes vs. Sandiganbayan, G.R. development plan and public
121215, Nov. 13, 1997) investment program
c. Ordinance directing the payment of
money or creating liability. (§55)
NOTES:
9. The grounds for veto are:
1. The vice governor, the vice mayor and a. The ordinance is ultra vires
the punong barangay shall be the presiding b. Or that it is prejudicial to public
officer of the sanggunians but shall vote welfare
only in case of tie.
10. The veto shall be communicated to the
2. In case of inability of the presiding sanggunian within 15 days in the case of a
officer, the members shall elect a temporary province and 10 days in the case of a city or
presiding officer from among themselves. municipality; otherwise, the ordinance shall
(§49) be deemed approved, as if he signed it. The
sanggunian may override the veto by 2/3 of
3. For disorderly behavior and absence all its members. (§54)
without justifiable cause for 4 consecutive
sessions, a member may be censured, 11. Ordinances enacted by the
reprimanded, excluded from the session, sangguniang barangay shall, upon approval
suspended for not more than 60 days, or by a majority of all its members, be signed
expelled. Suspension or expulsion shall by the Punong Barangay. The latter has no
require concurrence of at least 2/3 of all veto power.
sanggunian members. A member
sentenced by final judgment to 12. Review
imprisonment for at least one year for a a. The sangguniang panlalawigan shall
crime involving moral turpitude shall be review ordinances and resolution of
automatically expelled. (§50) cities and municipalities to
determine if they are within their
4. Every sanggunian member, upon power. (§56)
assumption of office shall make a full Procedure:
disclosure of his business and financial Within 3 days after approval,
interests. He shall also disclose any the secretary of the sangguniang
business, financial or professional panlungsod (in component cities) or
relationship or any relationship within the 4th sangguniang bayan shall forward to
degree which he may have with anyone the sangguniang panlalawigan for
affected by any ordinance or resolution of review copies of approved
the sanggunian which involves a conflict of ordinances and resolutions approving
interests. the local development plans and
●Such relationship includes: public investment programs
i. Investment in the entity to which formulated by the local development
the ordinance may apply councils. The sangguniang
ii. Contracts with any person to panlalawigan shall review the same
which the ordinance may apply within 30 days; if it finds that the
●Conflict of interests refers to a ordinance or resolution is beyond the
situation where a sanggunian member may power conferred upon the
not act in the public interest due to personal sangguniang panlungsod or
consideration that may affect his judgment sangguniang bayan concerned, it
to the prejudice of the public. (§51) shall declare such ordinance or
resolution invalid in whole or in part.
5. A special session may be called by the If no action is taken within 30 days,
local chief executive or a majority of the the ordinance or resolution is
sanggunian members. Unless concurred in presumed consistent with law, and
by 2/3 vote of the members present, no therefore, valid.
matter may be reconsidered at the special
session except those stated in the notice. b. The sangguniang panlungsod or
(§52) bayan shall review sangguniang
ZPG & ASSOCIATES(Zambales.Pablo.Gonzales) 15

barangay ordinances to determine if or intangible property, in any


they are lawful. (§57) manner allowed by law, e.g.,
sale, donation, etc.
●Procedure: b. The local government unit may
Within 10 days from enactment, the alienate only patrimonial
sangguniang barangay shall furnish property, upon proper authority.
copies of all barangay ordinances to the c. In the absence of proof that the
sangguniang panlungsod or property was acquired through
sangguniang bayan for review. If the corporate or private funds, the
reviewing sanggunian finds the presumption is that it came from
barangay ordinances inconsistent with the State upon the creation of the
law or city or municipal ordinances, the municipality and, thus, is
sangguniang concerned shall, within 30 governmental or public property.
days from receipt thereof, return the (Salas vs. Jarencio, 48 SCRA
same with its comments and 734; Rebuco vs. Villegas, 55
recommendations to the sangguniang SCRA 656)
barangay for adjustment, amendment or d. Town plazas are properties of
modification, in which case the effetivity public dominion; they may be
of the ordinance is suspended until the occupied temporarily, but only for
revision called for is effected. If no the duration of an emergency
action is taken by the sangguniang (Espiritu vs. Municipal
panlungsod or sangguniang bayan Council of Pozorrubio,
within 30 days, the ordinance is deemed Pangasinan, 102 Phil. 866).
approved.
e. A public plaza is beyond the
commerce of man, and cannot be
13. Enforcement of disapproved
the subject of lease or other
ordinances/resolutions:
contractual undertaking. And,
Any attempt to enforce an ordinance
even assuming the existence of a
or resolution approving the local
valid lease of the public plaza or
development plan and public investment
part thereof, the municipal
program, after the disapproval thereof, shall
resolution effectively terminated
be sufficient ground for the suspension or
the agreement, for it is settled
dismissal of the official or employee
that the police power cannot be
concerned.
surrendered or bargained away
through the medium of a contract
14. Effectivity
(Villanueva vs. Castaneda,
a. Unless otherwise stated in the
154 SCRA 142).
ordinance, it shall take effect after
10 days from posting at the
5. Power to enter into contracts
provincial capitol or city, municipal or
a. Requisites of a valid municipal
barangay hall and two other
contracts
conspicuous places.
i. The local government unit
b. The gist of all ordinances with penal
has the express, implied or
sanction shall be published in a
inherent power to enter
newspaper of general circulation in
into the particular contract.
the province. In the absence of such
ii. The contract is entered
newspaper, the ordinance shall be
into by the proper
posted in all municipalities and cities
department, board,
of the province where the
committee, officer or
sanggunian of origin is situated.
agent. Unless otherwise
c. In highly urbanized and independent
provided by the Code, no
component cities, in addition to
contract may be entered
posting, the main features of the
into by the local chief
ordinance shall be published in a
executive on behalf of the
local newspaper of general
local government unit
circulation. In the absence of such
without prior authorization
newspaper, it shall be published in
by the sangguniang
any newspaper of general
concerned.
circulation. (§59
iii. The contract must comply
with certain substantive
C. Corporate Powers (§22, RA 7160)
requirements, i.e., when
1. To have continuous succession in its
expenditure of public fund
corporate name
is to be made, there must
2. To sue and be sued
be an actual appropriation
3. To have and use a corporate seal
and a certificate of
4. To acquire and convey real or personal
availability of funds.
property
iv. The contract must comply
a. The local government unit may
with the formal
acquire real or personal, tangible
ZPG & ASSOCIATES(Zambales.Pablo.Gonzales) 16

requirements of written a. If the local government unit is


contracts, e.g., the Statute engaged in governmental functions, it
of Frauds. is NOT liable.
b. Ultra vires contracts b. If engaged in proprietary functions,
When a contract is entered into local government unit is liable.
without compliance with the first and ●Holding of town fiesta is a
the third requisites (above), the same proprietary function. The Municipality
is ultra vires and is null and void. of Malasique, Pangasinan, was held
Such contract cannot be ratified or liable for the death of a member of
validated. Ratification of defective the zarzuela group when the stage
municipal contracts is possible only collapsed, under the principle of
when there is non-compliance with respondeat superior.
the second and/or fourth
requirements above. Ratification NOTE:
may be express or implied. ●The municipal council managed the
town fiesta. While the municipality was held
c. Authority to negotiate and secure liable, the councilors themselves are not
contracts (§23, RA 7160) liable for the negligence of their employees
The local chief executive may, or agents. (Torio vs. Fontanilla, 85 SCRA
upon authority of the sanggunian, 599)
negotiate and secure financial grants
or donations in kind, in support of the c. Personal Liability of local officials
basic services and facilities
enumerated under §17, from local 3. Liability for violation of law
and foreign assistance agencies
without necessity of securing Case:
clearance or approval from any The Municipality of Bunawan, Agusan
department, agency, or office of the del Sur, through the Mayor, was held in
national government or from any contempt and fined P1,000.00 with a
higher local government unit; warning, because of the refusal of the Mayor
Provided, that projects financed by to abide by a Temporary Restraining Order
such grants or assistance with issued by the Court (Moday vs. CA, 243
national security implications shall SCRA 152).
be approved by the national agency
concerned. 4. Liability for contracts
a. General Rule- A municipal
6. To exercise such other powers as corporation, like an ordinary person,
are granted to corporations, subject to is liable on a contract it enters into,
limitations provided in the Code and provided that the contract is intra
other laws. vires. If the contract is ultra vires,
the munipal corporation is not liable.
V. MUNICIPAL LIABILITY NOTES:
●A private individual who deals with a
A. Specific provisions making LGUs municipal corporation is imputed
liable: constructive knowledge of the extent of
a. §24, RA 7160- Liability for damages- the power or authority of the municipal
Local government units and their corporation to enter into contracts.
officials are not exempt from liability ●Ordinarily, therefore, the doctrine of
for death or injury to persons or estoppel does not lie against municipal
damage to property. corporation.
b. Art. 2189, NCC- The local
government unit is liable in damages b. Doctrine of Implied Municipal
for death or injuries suffered by Liability- A municipality may
reason of the defective condition of become obligated upon an implied
roads, streets, bridges, public contract to pay the reasonable value
buildings and other public works. of the benefits accepted or
c. Art. 2180, (par.6), NCC- The State is appropriated by it as to which it has
responsible when it acts through a the general power to contract
special agent. (Province of Cebu vs. IAC, 147
d. Art. 34, NCC- The local government SCRA 447).
unit is subsidiarily liable for damages The doctrine applies to all cases
suffered by a person by reason of the where money or property of a party is
failure or refusal of a member of the received under such circumstances
police force to render aid and that the general law, independent of
prosecution in case of danger to life an express contract, implies an
and property. obligation to do justice with respect
to the same.
2. Liability for Tort
ZPG & ASSOCIATES(Zambales.Pablo.Gonzales) 17

Thus, in this case, the Province of b. Physicians may practice their


Cebu cannot set up the plea that the profession even during office hours
contract was ultra vires and still only on emergencies and without
retain benefits thereunder. Having monetary compensation.
regarded the contract as valid for
purposes of reaping benefits, the 3. Prohibition against appointment
Province of Cebu is estopped to (§94, RA 7160)
question its validity for the purpose of a. No elective or appointive local
denying answerability. official shall be eligible for
appointment or designation to any
public office during his tenure.
VI. LOCAL OFFICIALS b. Unless otherwise allowed by law or
by the primary function of his office,
A. Provisions applicable to elective no elective or appointive local
and appointive officials official shall hold any other office.
1. §89, RA 7160: Prohibited c. Except for losing candidates in
business and pecuniary interest- It shall barangay elections, no candidate
be unlawful for any local government official who lost in any election should be
or employee, directly or indirectly, to: appointed to any office within one
a. Engage in any business transaction year after election.
with the local government unit in
which he is an official or employee B. ELECTIVE LOCAL OFFICIALS
or over which he has the power of
supervision, or with any of its 1. Qualifications:
authorized boards, officials, agents, a. Common qualifications:
or attorneys, whereby money is to i. Filipino Citizen
be paid, or property or any other ii. Registered voter of the local
thing of value is to be transferred, government unit, or of the district
directly or indirectly, out of the where he intends to be elected in the
resources of the local government case of the members of the
unit to such person or firm; sanggunian.
b. Hold such interests in any cockpit or iii. Resident therein for at least one
other games licensed by a local year immediately before the election
government unit; iv. Ability to read and write Filipino or
c. Purchase any real estate or other any other local dialect.
property forfeited in favor of such b. Age
local government unit for unpaid i. Candidates in provinces and highly
taxes or assessment, or by virtue of urbanized cities- at least 23 years old
a legal process at the instance of ii. Candidates for mayor and vice
the said local government unit; mayor of component cities and
d. Be a surety for any person municipalities- at least 21 years old
contracting or doing business with iii. Candidates for sanggunian
the local government unit for which members in component cities and
a surety is required; and municipalities- at least 18 years old
e. Possess or use any public property iv. Barangay officials- at least 18
of the local government unit for years old
private purposes. v. Sangguniang Kabataan- at least
f. The prohibitions and inhibitions 15-21 years
prescribed in RA 6713 also apply.
NOTES:
2. Practice of Profession (§90, RA ●Age- must be possessed on the day of the
7160) election.
a. Governors or mayors are prohibited ●The LGC does not specify any particular
from practicinìstrative proceedings date when the candidate must possess
involving the local government unit Filipino citizenzship. Philippine citizenship is
of which he is an official. required to ensure that no alien shall govern
iv. Use property and personnel of our people. An official begins to govern only
the government except when the upon his proclamation and on the day that
sanggunian member is defending his term begins. Since Frivaldo took his
the interest of the government. oath of allegiance on June 30, 1995, when
his application for repatriation was granted
Case: by the Special committee on Naturalization
It was held that by appearing as created under PD 825, he was therefore
counsel for dismissed employees, City qualified to be proclaimed. Besides, §39 of
Councilor Javellana violated the prohibition the LGC speaks of qualifications of elective
against engaging in private practice if such officials, not of candidates (Frivaldo vs.
practice represents interests adverse to the COMELEC, 271 SCRA 767).
government. (Javellana vs. DILG, 212
SCRA 475)
ZPG & ASSOCIATES(Zambales.Pablo.Gonzales) 18

●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

e. Sanggunian: to receive honoraria, allowances and other


i. Provinces, highly urbanized cities emoluments as may be provided by law or
and independent component cities- barangay, municipal or city ordinance, but
appointment by the President in no case less than P1,000 per month for
ii. Component city and municipality- the punong barangay and P600 for the
appointment by governor sangguniang barangay members.
iii. Sangguniang barangay-
appointment by mayor ●Elective local officials shall be entitled to
iv. Except for the sangguniang the same leave privileges as those enjoyed
barangay, the appointee shall come by appointive local officials, including the
from the political party of the cumulation and commutation thereof.
member who caused the vacancy.
7. Recall- termination of official relationship
NOTE: of an elective official for loss of confidence
● A nomination and a certificate of prior to the expiration of his term through
membership of the appointee from the the will of the electorate.
highest official of the political party
concerned are conditions sine qua non, and a. By whom exercised- by the
any appointment without such nomination registered voters of a local government
and certificate shall be null and void and unit to which the local elective official
shall be a ground for administrative action subject to such recall belongs. (§69, R.A.
against the official concerned. 7160)
b. Two modes of initiating recall:
v. If the member does not belong to i. By a preparatory recall assembly
any party, the appointee shall be ii. By the registered voters of the
recommended by the sanggunian. local government unit
vi. The appointee for the c. Preparatory recall assembly-
sangguniang barangay shall be composed of the following:
recommended by the sangguniang i. Provincial level: All mayors, vice
barangay. mayors and sanggunian members of
vii. Vacancy in the representation of the municipalities and component
the youth and the barangay in the cities.
sanggunian shall be filled by the ii. City level: All punong barangay
official next in rank of the and sangguniang barangay
organization. (§45) members in the city.
iii. Legislative district level: Where
B. Temporary vacancy sangguniang panlalalwigan
a. When the governor, mayor or members are elected by district, all
punong barangay is temporarily elective municipal officials in the
incapacitated to perform his duties, district; and in cases where
the vice governor, vice mayor, or sangguniang panglungsod members
ranking sangguniang barangay are elected by district, all elective
member shall exercise his powers barangay officials in the district.
except the power to appoint, iv. Municipal level: All punong
suspend or dismiss employees, barangay and sangguniang
which can only be exercised after 30 barangay members in the
working days. municipality.
b. When the local chief executive is
traveling within the Philippines for d. Procedure for initiating recall by
not more than 3 consecutive days, preparatory recall assembly
he may designate an officer-in- A majority of all the preparatory
charge. The authorization shall recall assembly members may convene in
specify the powers of the officer-in- session in a public place and initiate a recall
charge except the power to appoint, proceeding against any elective official in
suspend or dismiss employees. the local government unit concerned.
c. If the local chief executive does not Recall of provincial, city or municipal
issue the authorization, the vice officials shall be validly initiated through a
governor, vice mayor, or highest resolution adopted by a majority of all the
ranking sangguniang barangay members of the preparatory recall assembly
member shall assume his powers on concerned during its session called for that
the fourth day of his absence. (§46) purpose.

7. Compensation (§81, R.A. 7160) Case:


The compensation of local officials and It was held that notice to all the
personnel shall be determined by the members of the Preparatory Recall
sanggunian concerned, subject to the Assembly is imperative; thus, where the
provisions of R.A. 6758 (Compensation and resolution was adopted without giving
Position Classification Act of 1989). The notice to all the members of the PRA, the
elective barangay officials shall be entitled same is fatally flawed (Garcia vs.
ZPG & ASSOCIATES(Zambales.Pablo.Gonzales) 20

Comelec, G.R. No. 111511, October 5, 9. Resignation of elective local


1993). However, in Malonzo vs. officials shall be deemed effective only
Comelec, G.R. No. 127066, March 11, upon acceptance by the following
1997, it was held that where the Comelec authorities:
has already conducted an investigation and a. The President, in case of governors,
found the initiatory recall proceedings to be vice governors, and mayors and vice
in accord with law, there is no necessity for mayors of highly urbanized cities
the Supreme Court to refer the matter of and independent component cities;
the veracity of the questioned notices back b. The governor, in case of municipal
to the Comelec. mayors and vice mayors, city
mayors and vice mayors of
e. Initiation of recall by registered component cities;
voters: Recall of a provincial, city, c. Sanggunian concerned, in case of
municipal or barangay official may also be sangguniang members; and
validly initiated upon petition by at least d. The city or municipal mayor, in case
25% of the total number of registered voters of barangay officials.
in the local government unit concerned
during the election in which the local official ●Effectivity:
sought to be recalled was elected. c. Resignation takes effect upon
acceptance.
f. Procedure: d. It is deemed accepted if not acted
i. A written petition for recall duly upon within 15 working days.
signed before the election registrar or e. Irrevocable resignation by
his representative, and in the sanggunian members takes effect
presence of a representative of the upon presentation before an open
petitioner and representative of the session. (§82, R.A. 7160)
official sought to be recalled, and in a
public place in the province, city, 10. Grievance Procedure (§83, R.A.
municipality or barangay, as the case 7160)- The local chief executive shall
may be, shall be filed with the establish a procedure to inquire into, act
Comelec through its office in the local upon, resolve or settle complaints and
government unit concerned. grievances presented by local government
ii. The Comelec or its duly employees.
authorized representative shall cause
the publication of the petition in a 11. Discipline (§60-68, R.A. 7160)
public and conspicuous place for a a. Grounds for disciplinary action:
period of not less than 10 days nor An elective local official may be disciplined,
more than 20 days, for the purpose of suspended, or removed from office on any
verifying the authenticity and of the following grounds:
genuineness of the petition and the i. Disloyalty to the Republic of the
required percentage of voters. Philippines.
iii. Upon the lapse of the aforesaid ii. Culpable violation of the
period, the Comelec or its duly Constitution
authorized representative shall iii. Dishonesty, oppression,
announce the acceptance of misconduct in office, gross negligence, or
candidates to the position and dereliction of duty.
thereafter prepare the list of iv. Commission of any offense
candidates which shall include the involving moral turpitude or an offense
name of the official sought to be punishable by at least prision mayor.
recalled. v. Abuse of authority.
vi. Unauthorized absence for 15
●The elective local official sought to be consecutive working days, except in the
recalled shall not be allowed to resign while case of members of the sangguniang
the recall process is in progress. panlalawigan, panlungsod, bayan and
●Limitations on Recall: barangay.
1. Any elective local official may be the vii. Application for, or acquisition
subject of a recall election only once during of, foreign citizenship or residence or the
his term of office for loss of confidence. statusì Elective barangay officials, shall be
2. No recall shall take place within one filed before the sangguiniang panlungsod or
year from the date of the official’s sangguniang bayan concerned, whose
assumption to office or one year decision shall be final and executory.
immediately preceding a regular local
election. c. Notice of Hearing (§62, R.A.
●The official sought to be recalled is 7160)- (a) Within 7 days after the
automatically a candidate. administrative complaint is filed, the
●Recall shall be effective upon the election Office of the President or the sanggunian
and proclamation of successor receiving the concerned as the case may be, shall
highest number of votes. require the respondent to submit his
verified answer within 15 days from
ZPG & ASSOCIATES(Zambales.Pablo.Gonzales) 21

receipt thereof, and commence the Executive Secretary to suspend him,


investigation of the case within 10 days inasmuch as the Secretary found that the
after the receipt of such answer of the evidence of guilt was strong and that
respondent. continuance in office could influence the
(b) When the respondent is an witnesses and pose a threat to the safety
elective official of a province or highly and integrity of the evidence against him
urbanized city, such hearing and (Joson vs. Torres, 290 SCRA 279).
investigation shall be conducted in the
place where he renders or holds office. The authority to preventively
For all other local elective officials, the suspend is exercised concurrently by the
venue shall be the place where the Ombudsman, pursuant to R.A. 6770; the
sanggunian concerned is located. same law authorizes a preventive
(c) However, no investigation shall suspension of six months (Hagad vs.
be held within 90 days immediately prior Gozo-Dadole, G.R. no. 108072, Dec. 12,
to any local election, and no preventive 1995).
suspension shall be imposed prior to the
90-day period immediately preceding e. Suspended elective official when
local election, it shall be deemed deemed reinstated
automatically lifted upon the start of Upon expiration of the preventive
aforesaid period. suspension, the respondent shall be
deemed reinstated in office without
d. Preventive Suspension prejudice to the continuation of the
1. Who may impose: proceedings against him, which shall be
a. By the President, if the terminated within 120 days from the time
respondent is an elective he was formally notified of the case against
official of a province, a highly him.
urbanized or an independent ●Any abuse of the exercise of the
component city; power of preventive suspension shall be
b. By the governor, if the penalized as abuse of authority.
respondent is an elective local
official of a component city or f. Salary of respondent pending
municipality; suspension (§64, R.A. 7160)
c. By the mayor, if the The respondent official preventively
respondent is an elective suspended from office shall receive no
official of the barangay. salary or compensation during such
2. When may be imposed: suspension; but, upon subsequent
Preventive suspension may be imposed at exoneration and reinstatement, he shall be
any time: paid full salary or compensation including
a. After the issues are joined; such emoluments accruing during such
b. When the evidence of guilt is suspension.
strong; and
c. Given the gravity of the g. Rights of respondent (§65, R.A.
offense, there is great 7160)
probability that the The respondent shall be accorded
continuance in office of the full opportunity to appear and defend
respondent could influence himself in person or by counsel, to confront
the witnesses or pose a threat and cross-examine the witnesses against
to the safety and integrity of him, and to require the attendance of
the records and other witnesses and the production of
evidence. documentary evidence in his favor through
compulsory process of subpoena or
●Provided that any single preventive subpoena duces tecum.
suspension shall not extend beyond
60 days, and in the event several h. Form and notice of decision
administrative cases are filed against (§66a, R.A. 7160)
the respondent, he cannot be The investigation of the case shall
suspended for more than 90 days be terminated within 90 days from the start
within a single year on the same thereof. Within 30 days after the end of the
ground or grounds existing and investigation, the Office of the President or
known at the time of the first the sanggunian concerned shall render a
suspension. decision in writing stating clearly an
distinctly the facts and the reasons for such
Case: decision. Copy of said decision shall
When the petitioner failed to file his immediately be furnished the respondent
answer despite the many opportunities and all interested parties.
given to him, he was deemed to have
waived his right to answer and to present i. Penalty
evidence. At that point, the issues were The penalty of suspension imposed
deemed joined, and it was proper for the upon the respondent shall not exceed his
ZPG & ASSOCIATES(Zambales.Pablo.Gonzales) 22

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

a. Preventive suspension- The proposing the


local chief executive may adoption, enactment,
preventively suspend for a repeal or amendment
period not exceeding 60 days of an ordinance.
any subordinate official or b. If no favorable action
employee under his authority is taken by the
pending investigation if the sanggunian concerned
charge against such official or within 30 days from
employee involves presentation, the
dishonesty, oppression or proponents, through
grave misconduct or neglect their duly authorized
in the performance of duty, or and registered
if there is reason to believe representatives, may
that the respondent is guilty invoke their power of
of the charges which would initiative, giving notice
warrant his removal from the thereof to the
service. sanggunian
concerned.
b. Disciplinary Action- Except as c. The proposition shall
otherwise provided by law, be numbered serially,
the local chief executive may starting from Roman
impose the penalty of numeral I. Two or
removal from service, more propositions may
demotion in rank, suspension be submitted in an
for not more than 1 year initiative. The
without pay, fine in an Comelec or its
amount not exceeding 6 designated
months’ salary or reprimand. representative shall
If the penalty imposed is extend assistance in
suspension without pay for the formulation of the
not more than 30 days, his proposition.
decision shall be final; if the d. Proponents shall have
penalty imposed is heavier, 90 days (in case of
the decision shall be provinces and cities),
appealable to the Civil 60 days (in case of
Service Commission which municipalities) and 30
shall decide the appeal within days (in case of
30 days from receipt thereof. barangays) from
notice mentioned in
(b) to collect the
VII. LOCAL INITIATIVE AND required number of
REFERENDUM signatures.
A. Local Initiative e. The petition shall be
1. Defined- It is the legal signed before the
process whereby the election registrar or
registered voters of a his designated
local government unit representatives, and in
may directly propose, the presence of a
enact or amend any representative of the
ordinance. It may be proponent and a
exercised by all representative of the
registered voters of the sanggunian concerned
provinces, cities, in a public place in the
municipalities and local government unit.
barangays f. Upon the lapse of the
period, the Comelec
2. Procedure: shall certify as to
whether or not the
a. Not less than 2,000 required number of
registered voters in signatures has been
the region; 1,000 obtained. Failure to
registered voters in obtain the required
case of provinces and number of signatures
cities; 100 voters in defeats the
case of municipalities, proposition.
and 50 in case of g. If the required number
barangays, may file a is obtained, the
petition with the Comelec shall set a
sanggunian concerned date for the initiative
ZPG & ASSOCIATES(Zambales.Pablo.Gonzales) 24

during which the thereafter by a vote of ¾


proposition is of all its members. In
submitted to the case of barangays, the
registered voters in period shall be 18 months
the local government after the approval thereof.
unit for their approval
within 60 days (in case B. Local referendum:
of provinces), 45 days 3. Defined- It is the legal process
(in case of whereby the registered voters
municipalities), and 30 of the local government units
days (in case of may approve, amend or reject
barangays) from the any ordinance enacted by the
date of certification by sanggunian.
the Comelec. The 4. The local referendum shall be
initiative shall be held held under the control and
on the date set after direction of the Comelec
which the results within 60 days (in case of
thereof shall be provinces), 45 days (in case
certified and of municipalities) and 30 days
proclaimed by the (in case of barangays). The
Comelec. Comelec shall certify and
h. If the proposition is proclaim the results of the
approved by a said referendum.
majority of the votes
cast, it shall take C. Authority of Courts- Nothing in the
effect 15 days after foregoing shall preclude the proper
the certification by the courts from declaring null and void
Comelec as if any proposition approved pursuant
affirmative action had hereto for violation of the
been taken thereon by Constitution or want of capacity of
the sanggunian and the sanggunian concerned to enact
the local chief said measure.
executive concerned.

3. Limitations: VIII. LOCAL GOVERNMENT UNITS


a. On local initiative: A. The Barangay
i. The power of local 1. Chief Officials and Offices
initiative shall not be a. There shall be
exercised more than once in each barangay a punong
a year. baranagy, seven (7)
ii. Initiative shall extend sangguniang barangay
only to subjects or matters members, the sangguniang
which are within the legal kabataan chairman, a
powers of the sanggunian barangay secretary and a
to enact. barangay treasurer. There
iii. If at any time before shall also be in every
the initiative is held, the barangay a lupong
sanggunian concerned tagapamayapa. The
adopts in toto the sangguniang barangay may
proposition presented and form community brigades and
the local chief executive create such other positions or
approves the same, the offices as may be deemed
initiative shall be necessary to carry out the
cancelled. However, purposes of the barangay
those against such action government.
may, if they so desire, b. For purposes of
apply for initiative in the the Revised Penal Code, the
manner herein provided. punong barangay,
b. On the sanggunian: Any sangguniang barangay
proposition or ordinance members, and the members
approved through an of the lupong tagapamayapa
initiative and referendum in each barangay shall be
shall not be repealed, deemed as persons in
modified or amended by authority in their jurisdiction,
the sanggunian within 6 while other barangay officials
months from the date of and members who may be
approval thereof, and may designated by law or
be amended, modified or ordinance and charged with
repealed within 3 years the maintenance of public
ZPG & ASSOCIATES(Zambales.Pablo.Gonzales) 25

order, protection and security ii. Meet regularly once a


of life and property, or the month to provide a forum for
maintenance of a desirable exchange of ideas among its
and balanced environment, members and the public of
and any barangay member matters relevant to the
who comes to the aid of amicable settlement of
persons in authority, shall be disputes, and to enable
deemed as agents of persons various conciliation panel
in authority. members to share with one
c. §389 (b)5), R.A. another their observations and
7160, provides that the experiences in effecting
punong barangay shall, upon speedy resolution of disputes;
approval by a majority of all and
the members of the iii. Exercise such other
Sangguniang Barangay, powers and perform such
appoint or replace the other duties and functions as
barangay treasurer, the may be prescribed by law or
barangay secretary, and other ordinance.
appointive local officials. c. Pangkat ng
Tagapagkasundo
2. The Barangay Assembly There shall be constituted for
There shall be a barangay each dispute brought before
assembly composed of all persons the lupon a conciliation panel
who are actual residents of the to be known as the pangkat
barangay for at least 6 months, 15 ng tagapagkasundo,
years of age or over, citizens of the consisting of 3 members who
Philippines, and duly registered in shall be chosen by the parties
the list of barangay assembly to the dispute from the list of
members. It shall meet at least members of the lupon. Should
twice a year to hear and discuss the the parties fail to agree on the
semestral report of the sangguniang pangkat membership, the
barangay concerning its activities same shall be determined by
and finances, as well as problems lots drawn by the lupon
affecting the barangay. chairman.
d. Subject matter of amicable
a. Powers of the Barangay settlement:
Assembly: The Lupon of each barangay
i. Initiate legislative processes shall have authority to bring
by recommending to the together the parties actually
sangguniang barangay the residing in the same city or
adoption of measures for the municipality for amicable
welfare of the barangay and settlement of all disputes
the city or municipality except;
concerned; i. Where one party is the
ii. Decide on the adoption of government or any
initiative as a legal process subdivision or instrumentality
whereby the registered voters thereof;
of the barangay may directly ii. Where one party is a public
propose, enact or amend any officer or employee, and the
ordinance; and dispute relates to the
iii. Hear and pass upon the performance of his official
semestral report of the functions;
sangguniang barangay iii. Offenses punishable by
concerning its activities and imprisonment exceeding one
finances. (1) year or a fine of P5,000.00.
iv. Offenses where there is no
3. Katarungang Pambarangay private offended party;
a. Lupong Tagapamayapa v. Where the dispute involves
There is hereby created in real properties located in
each barangay a lupong different cities or
tagapamayapa, composed of the municipalities unless the
punong barangay as chairman and parties thereto agree to
10 to 20 members. The Lupon shall submit their differences to
be constituted every 3 years. amicable settlement by an
b. Powers of the Lupon: appropriate lupon;
i. Exercise administrative vi. Disputes involving parties
supervision over the who actually reside in
conciliation panels; barangays of different cities or
municipalities, except where
ZPG & ASSOCIATES(Zambales.Pablo.Gonzales) 26

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.

b. Katipunan ng Kabataan: Shall


be compsed of all citizens of the
Philippines actually residing in the
barangay for at least 6 months, who
are 15 but not more than 21 years of
age, who are duly registered in the
list of the sangguniang kabataan or
in the official list in the custody of
the barangay secretary. It shall
meet once every 3 months, or at the
call of the sanggunian kabataan
chairman, or upon written petition of
at least 1/20 of its members.

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

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