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PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA

LGUs shall: In conformation with existing laws, continue to prepare their


SECTION 20. RECLASSIFICATION OF LANDS respective comprehensive land use plans enacted through zoning
ordinances which shall be the primary and dominant bases for the future of
land resource: Provided, that the requirements for food production, human
A city municipality may:
settlements, and industrial expansion shall be taken into consideration in the
• Authorize the reclassification of agricultural lands; and preparation of such plans.
• Provide the manner of their utilization or disposition in the following:
o When land ceases to be economically feasible and sound for When is the approval by a national agency required?
agricultural purposes as determined by the Department of General rule: It is required for reclassification.
Agriculture; or Exception: If such approval is withheld.
o Where the land shall have substantially greater economic value for Failure to act on a proper and complete application for reclassification within
residential, commercial, or industrial purposes, as determined by 3 months from receipt of the same shall be deemed as approval thereof.
the Sanggunian concerned.
Nothing in Section 20 shall be construed as repealing, amending, or
Requisites: modifying in any manner the provisions of CARL.
• It must be through an ordinance passed by the Sanggunian.
• A public hearing must be conducted. General rule: Agricultural lands, though classified, have to go through the
• Such public hearing must be for the purpose of the reclassification or process of conversion.
utilization. Exception: Agricultural lands already reclassified before the effectivity of
CARL.
Classification shall be limited at the time of the passage:
• 15% - Highly urbanized and independent component cities. The requirement that agricultural lands must go through the process of
• 10% - Component cities and first to third class municipalities. conversion despite having gone through reclassification, does not suffice.
• 5% - Fourth to sixth class municipalities.
Agricultural lands distributed to agrarian reform beneficiaries pursuant to the Conversion Reclassification
Comprehensive Agrarian Reform Law (CARL), shall not be affected by the The act of specifying how
said reclassification and the conversion of such lands into other purposes The act of changing the current use
agricultural lands shall be utilized for
shall be governed by Section 65 of CARL. of a piece of agricultural land into
non-agricultural uses, subject to the
some other use, as approved by
requirement and procedure for land
A President may: Authorize a city or municipality to reclassify lands in DAR.
use conversion.
excess of the limits set.
A mere reclassification of agricultural land does not automatically allow a
Requisites: landowner to change its use and cause ejectment of tenants.
• There must public interest.
• There is a recommendation from NEDA. Land is not agricultural and is outside the ambit of CARP if:
• The land has been classified in town plans and zoning ordinances as
residential, commercial, or industrial; and

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PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA

• The town plan and zoning ordinance embodying the land classification Lands classified as highly restricted from conversion may be converted only
has been approved by the HLURB or its predecessor agency prior to 15 upon compliance with existing laws, rules, and regulations. An additional
June 1988. requirement of the social benefit cost analysis approved by DA shall also be
required before these lands may be approved for conversion:
Land Use – The manner of utilization of land, including its allocation, • Lands classified as highly restricted from conversion;
development and management. § Irrigable lands
§ Agro-industrial croplands
Land Use Conversion – The act or process of changing the current use of a § Highlands
piece of agricultural land into some other use as approved by DAR. • Lands issued a Notice of Acquisition or Valuation; and
• Areas identified as environmentally critical as determined by the DENR.
Doctrine of Primary Jurisdiction – Does not warrant a court to arrogate
unto itself authority to resolve a controversy, the jurisdiction over which is
initially lodged with an administrative body of special competence. SECTION 21. CLOSURE AND
OPENING OF ROADS
Executive Order 229 vested DAR with:
• Quasi-judicial powers to determine and adjudicate agrarian reform
A LGU may: Permanently or temporarily close or open any local road, alley,
matters; and
park, or square.
• Jurisdiction over all matters involving the implementation of agrarian
reform, except those falling under the exclusive original jurisdiction of
Why is closure needed?
DA and DENR.
It is for withdrawing the property, especially when it is no longer necessary
for public use or service.
All irrigated lands, irrigable lands already covered by irrigation projects shall
not be converted for a specific period of 5 years from the effectivity of R.A.
Requisites:
No. 8435.
• It must be pursuant to an ordinance.
o In case of a permanent closure, such ordinance must be approved
In case of conversion, the land owner will pay the Department of Agriculture
by at least 2/3 of all the Sanggunian members, when necessary,
the amount equivalent to the government’s investment cost including
an adequate substitute for the public facility that is subject to
inflation.
closure is provided.
• It must be falling within the jurisdiction of the LGU.
Effect of Administrative Order No. 363 – The following areas shall not be
subject to or non-negotiable for conversion and applications:
General rule: A property permanently withdrawn from public use may be
• Protected areas designated under NIPAS;
used or conveyed for any purpose.
• All irrigated lands as delineated by DA and/or the NIA; and
Exception: No such way or place or any part shall be permanently closed
• All irrigable lands already covered by irrigation projects with firm funding
without making provisions for the maintenance of public safety therein.
commitments.

No freedom park shall be closed permanently without provision for its


transfer or relocation to a new site.

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PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA

When may any national or local road, alley, park, or square may be • To have and use a corporate seal;
temporarily closed? • To acquire and convey real or personal property;
• Actual emergency; • To enter into contracts; and
• Fiesta celebrations; • To exercise such other powers as are granted to corporations, subject
• Public rallies; to the limitations provided in this Code and other laws.
• Agricultural or industrial fairs; or
• Undertaking of public works and highways, telecommunications, and General rule: No contract may be entered into by the local chief executive in
water works behalf of the LGU.
Exception: Unless otherwise provided for.
Exception: It cannot be temporarily closed if an athletic, cultural, or civic
activity is not officially sponsored, recognized, or approved by the LGU Requisites:
concerned. • There must be a prior authorization from the Sanggunian concerned.
• There must be a legible copy of such contract.
Any city, municipality, or barangay may temporarily close for: • It must be posted at a conspicuous place in the provincial capitol or the
• Shopping malls; city, municipal or barangay hall.
• Sunday, flea, or night markets; or
• Shopping areas. LGUs shall enjoy full autonomy in the exercise of their propriety functions
As long there is an ordinance allowing it, goods, merchandise, foodstuffs, and in the management of their economic enterprises, subject to the
commodities, or articles of commerce may be sold and dispensed to the limitations provided in this Code and other applicable laws.
general public.
Where can LGUs register or change their corporate seals? DILG.
A public property becomes a private property of the State upon a declaration NOT DTI and/or IPO because it is not a business or enterprise.
by the government. If one has reasonable access to the general system of
streets, one has no right to compensation. What is the chief purpose of a seal?
To identify and authenticate documents.
To warrant recovery, property owner must show that he has suffered special
damage differing in kind and not merely in degree from those sustained by In the absence of a charter or other law, generally a seal is not essential to
the public generally. the validity of an ordinary corporate contract.

Rule of Strict Construction – Charters are regarded as special grants of


power, and hence, whatever is not given expressly, or as a necessary
SECTION 22. CORPORATE POWERS means to the execution of expressly given powers, is withheld.

The powers of a municipal corporation must be exercised in a reasonable,


Corporate powers of a LGU:
lawful, and constitutional manner, even where there are no express
• To have continuous succession in its corporate name; limitations on the grant of power.
• To sue and be sued;

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PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA

Where the applicable law directs in precise or definite terms the manner in Municipal property – Exempt from execution, and frequently from other
which certain corporate acts are to be executed, and points out the ordinary judicial process, in the enforcement of a judgment against a
departments, officers, or agents who are to perform them, such specification municipal corporation.
must be substantially followed.
Power to compromise
The legislature has the power to determine what is a lawful municipal General rule: A municipal or other public corporation has the power to settle
purpose and a public purpose with respect to which a municipality may and compromise disputed claims in favor or against it, before or after suit
exercise powers. has begun, and any time before final judgment.
Exception: Unless it is forbidden by charter or an applicable general law.
Continuous succession – That continuous existence which enables a
corporation to manage its affairs, and hold property without the necessity of Power to submit to arbitration
perpetual conveyances, for the purpose of transmitting it. In the absence of special restrictions in the applicable law, a municipal
corporation possessing power to contract, to sue and be sued, has authority
Suability of the State – to settle disputed claims by arbitration to the same extent as the individual or
General rule: The State cannot be sued. private corporation.
Exception: Unless it gives its consent expressly and impliedly.
Public properties under Article 424 of the New Civil Code – Property for
A municipal corporation, acting in its private capacity, may sue and be sued public use, in the provinces, cities, and municipalities, consist of the
in the same manner as natural persons. The rules provide that service of provincial roads, city streets, municipal streets, the squares, fountains, public
summons on municipal corporations must be effected on its local chief waters, promenades, and public works for public service paid for by said
executive or on other officers as the law or the court may direct. provinces, cities, or municipalities. All other property possessed by any of
them is patrimonial and shall be governed by this Code, without prejudice to
Municipal corporations are artificial creatures of the State, and have no the provisions of special laws.
inherent right to sue the State. This lack of capacity to sue the State is a
necessary outgrowth of the separation of powers doctrine. Public service – Property which must be for free and indiscriminate use by
anyone.
How is implied consent given?
General rule: Implied consent to be sued is given where: PROPERTY OF THE GOVERNMENT HELD IN:
o The State commences litigation; and Public character Private character
o The State enters into a contract which is commercial in nature. Property held and devoted for Acquired or held for the special
Exception: When the Code itself expressly provides. Therefore, they may governmental purposes. It is for the benefit of the inhabitants of the
be sued even in the performance of governmental functions. use and benefit of the general public. municipality.
Generally, not subject to
The members of a municipal corporation are not personally liable for the Subject to the control of the
appropriation or complete control by
debts of the municipality and the residents of a city or town are not generally legislature, unless such control is
the State, except by the exercise of
liable for municipal debt. restricted by a special constitutional
eminent domain with payment of full
provision.
compensation.

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PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA

Selling or disposing of public property a third reading, unless decided otherwise by a majority of all sanggunian
General rule: A municipal corporation cannot sell or dispose of property members.
devoted to a public governmental use or purpose.
Exception: If there is a special statutory or charter authority allowing it. What happens if there is lack of authorization?
General rule: It shall be unenforceable.
Ownership through prescription Exception: If it is ratified by.
General rule: Ownership over public property of a municipal corporation Legal basis: Article 1317 of the New Civil Code, which states: No one may
may not be acquired through prescription. contract in the name of another without being authorized by the latter, or
Exception: It may be acquired by prescription upon the same conditions as unless he has by law a right to represent him. A contract entered into in the
the property of a private owner. name of another by one who has no authority or legal representation, or who
has acted beyond his powers, shall be unenforceable, unless it is ratified,
Property owner by LGUs in governmental capacity is public property which expressly or impliedly, by the person on whose behalf it has been executed,
Congress has absolute control over. before it is revoked by the other contracting party.
General rule: Local governments have no authority to control or regulate the
use of public properties. Can the Doctrine of Estoppel be applied?
Exception: If there is specific authority is vested upon them by Congress. No. The Doctrine of Estoppel cannot be applied as against a municipal
corporation to validate a contract which it has no power to make.
Patrimonial property of LGUs cannot be expropriated without due process
and just compensation. Principle of Local Autonomy (is equivalent to decentralization) – It does
not make local governments sovereign within the State.
Power to enter into contracts • Imperium in imperio – A group that exists within a political unit but
The chief executive of a LGU may enter into contracts on behalf of the latter. exercises an independent power.
However, the chief must:
• Secure prior authorization from the local sanggunian;
• Have a legible copy;
• Such must be posted in a conspicuous place. SECTION 23. AUTHORITY TO
NEGOTIATE AND SECURE GRANTS
Rules relating to contracts generally apply. Thus, there must be an offer and
acceptance, an object certain, cause, mutuality, and conformity with all Who can negotiate and secure grants? The local chief executives.
requirements of the law of contracts.
How?
The power to contract is an act of discretion and cannot be delegated. • The Sanggunian must first give the local chief executives authority. This
is without necessity of securing clearance or approval from any
The Code does not expressly provide for the form of authorization to contract department, agency, or office of the National Government or from any
by the sanggunian, this may be done through vote upon motion or by higher LGU.
resolution. Generally, if it is done as a resolution, it must be enacted in the
same manner prescribed for an ordinance, except that it need not go through

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PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA

• Such projects financed by such grants or assistance with national Generally, a municipal corporation is
security implications shall be approved by the national agency not liable for the acts of its officers or
In permitting a municipal corporation
concerned. agents in the performance of its
to be sued, the State merely gives
• However, when such national agency fails to act on the request for governmental functions. However,
the claimant the right to show that
approval within 30 days it shall be deemed approved. they are not exempt from liability for
the former was not acting in its
the negligent performance of its
governmental capacity.
Why? This is in support of the basic services or facilities enumerated under corporate or propriety or business
Section 17 of this code. functions.

Where? From local and foreign assistance agencies. Respondeat superior principle – In cases of torts, the municipal
corporation is not liable where the plaintiff’s acts were the proximate cause
The Local Chief Executive shall, within 30 days upon signing of such grant of the injury.
agreement or deed of donation, report the nature, amount, and terms of such
assistance to both Houses of Congress and the President. General rule: No money shall be paid out of any public treasury or
• It is essentially gratuitous. depository.
• If it is onerous, this Section will no longer apply. The New Civil Code Exception: If there is an appropriation law or other specific statutory
reiterated that donations with onerous cause shall be governed by the authority.
Rules on Contracts.
Requisite for liability of a municipal corporation
Grant – A gift usually for a particular purpose. Such municipal corporation must have both
• Control; and
• Supervision.
Ownership is not required. Nor is negligence for liability to attach.
SECTION 24. LIABILITY FOR DAMAGES
Elements to establish liability
• Cause of the damage was in the care and custody of the defendant;
LGUs and their officials are not exempt from liability for death or injury to
• An unreasonable risk of injury to another; and
persons or damage to property.
• Such injury was caused by the defect.

Suability Liability
General rule: Once the elements to establish liability are proven, the city is
The capability of an entity to be The condition of being actually or liable.
sued. potentially subject to an obligation. Exception: If the city can prove that the harm was caused by:
• The fault of the victim;
• The fault of a third person; or
• An irresistible force.
Actual or constructive knowledge of the defect creating the unreasonable
risk of injury may be irrelevant in establishing municipal liability.

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PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA

Liability of officers of these functions and the participation of the LGUs in the planning and
General rule: Officers or agents of the Government charged with the implementation of said national projects.
performance of governmental duties, which are in their nature legislative or
quasi-judicial, are not liable for the consequences of their official acts. National agencies and offices including GOCCs with field units or branches
Exception: If it is shown that they acted willfully and maliciously, and with in a province, city, or municipality shall furnish the local chief executive
the express purpose of inflicting injury. concerned, for his information and guidance, monthly reports including duly
certified budgetary allocations and expenditures.

Control – The power of an official to alter, modify, nullify, or set aside what a
SECTION 25. NATIONAL
subordinate officer had done in the performance of his duties and substitute
SUPERVISION OVER LGUs the judgment of the former for that of the latter.

Powers of the President Supervision – The power of an officer to see that subordinate officers
perform their duties.
• General supervision over LGUs to ensure that their acts are within the
scope of their prescribed powers and functions.
• Supervisory authority directly over provinces, highly urbanized cities,
and independent component cities.
SECTION 26. DUTY OF NATIONAL
o Through the province with respect to component cities and
municipalities.
GOVERNMENT AGENCIES IN THE
o Through the city and municipality with respect to barangays. MAINTENANCE OF ECOLOGICAL BALANCE
• Upon request of the LGU concerned, direct the appropriate national
agency to provide financial, technical, or other forms of assistance to the
LGU. Such assistance shall be extended at no extra cost to the LGU What are the duties of National Agencies or GOCCs?
concerned. • To consult with the LGUs, NGOs, and other sectors concerned.
• To explain the goals and objectives of the project or program, its impact
However, the President has no inherent power to remove or suspend local upon the people and community in terms of environmental or ecological
elective officials, and can only do so: balance.
• Where the power is expressly given; or • To know the measures that should be undertaken to prevent or
• When it arises by necessary implication under the Constitution or minimize adverse effects.
Statutes.
For what?
Laws governing the suspension and removal of public officers, especially For the planning and implementation of any project or program that may
those chosen by direct vote of the people, must be strictly construed in their cause pollution, climatic change, depletion of non-renewable resources, loss
favor when the procedure is strictly adhered to. of cropland, rangeland, or forest cover, and extinction of animal or plant
species.
National agencies and offices with project implementation functions shall
coordinate with one another and with the LGUs concerned in the discharge

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PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA

The PNP is not part of the AFP. They act as a civilian agency of the
SECTION 27. PRIOR CONSULTATIONS government. Local executives merely act as representatives of the National
REQUIRED Police Commission (NAPOLCOM). As deputies they are answerable to the
Commission for their actions in the exercise of their functions.

General rule: No project or program shall be implemented by government


Extent of the Mayor’s power to recommend
authorities.
• The mayor cannot request that his choice may be included in the list of
Exception: Unless the consultations mentioned in Section 2(c) and 26
5 eligible candidates to be recommended by the Regional Police
hereof are complied with, and prior approval of the sanggunian concerned is
Director.
obtained.
• The mayor has no power of appointment. He only has a limited power of
Occupants in areas where such projects are to be implemented shall not be
selecting one from the list of five.
evicted unless appropriate relocation sites have been provided, in
o The power to appoint is vested in the Police Regional Director.
accordance with the provisions of the Constitution.

Requisites before it can be implemented SECTION 29. PROVINCIAL RELATIONS WITH


• Prior consultation with the affected local communities. COMPONENT CITIES AND MUNICIPALITIES
• Prior approval of the project by the appropriate Sanggunian.

Consultation – The act of seeking advice or information, or seeking For the province – The Governor shall ensure that every component city
guidance. and municipality acts within the scope of its prescribed powers and
functions.
The duty to consult may be enforced by petition for prohibition and
mandamus against the offending parties under conditions provided in the Highly urbanized cities and independent component cities shall be
Rules of Court. Failure to comply, may be a ground for disciplinary action independent of the province.
under Civil Service Laws.
In the absence of contrary statutory language, the State legislature intended
the State agency to be absolutely immune from local restrictions merely
SECTION 28. POWERS OF LOCAL CHIEF because the State agency is an arm of the State and occupies a superior
EXECUTIVES OVER THE UNITS OF THE position in the hierarchy.

PHILIPPINE NATIONAL POLICE


SECTION 30. REVIEW OF EXECUTIVE
Extent of operational supervision and control of local chief executives ORDERS
• Police force;
• Fire protection unit; and Governor – Reviews all executive orders promulgated by the component
• Jail management personnel. city or municipal mayor within his jurisdiction.

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PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA

Except as otherwise provided under the Constitution and special statutes.


SECTION 32. CITY AND MUNICIPAL
City or municipal mayor – Reviews all executive orders promulgated by the SUPERVISION OVER
punong barangay within his jurisdiction. THEIR PERSPECTIVE BARANGAYS

Copies of such orders shall be forwarded to the governor or the city or Mayor – Shall exercise general supervision over component barangays.
municipal mayor, as the case may be, within 3 days from their issuance.

During review, local chief executives concerned shall ensure that such
executive orders are within the powers granted by law and in conformity with SECTION 33. COOPERATIVE
provincial, city, or municipal ordinances. UNDERTAKINGS AMONG LGUs

If the governor or the city or municipal mayor fails to act on said executive
Why? To ensure that barangays act within the scope of their prescribed
orders within 30 days after their submission, it shall be deemed consistent
powers and functions.
with law and therefore valid.

What can LGUs do?


Both the Governor and Mayor performs a quasi-judicial functions. The RTC
Group themselves, consolidate, or coordinate their efforts, services, and
may properly exercise judicial review over the decisions.
resources for purposes commonly beneficial to them.

How may LGUs promulgate such undertakings?


SECTION 31. SUBMISSION OF MUNICIPAL Upon approval by the Sanggunian concerned after a public hearing is
QUESTIONS TO THE PROVINCIAL conducted for the purpose, contribute funds, real estate, equipment, and
other kinds of property and appoint or assign personnel under such terms
LEGAL OFFICER OR PROSECUTOR
and conditions as may be agreed upon by the participating local units
through Memoranda of Agreement.
If there is no municipal legal officer?
The municipal government may secure the opinion of the provincial legal
officer. SECTION 34. ROLE OF PEOPLE’S AND NON-
GOVERNMENTAL ORGANIZATION
If there is no provincial legal officer?
The provincial prosecutor may take over.
What is the role of LGUs in this Section?
They shall promote the establishment and operation of the people’s and non-
governmental organizations to become active partners in the pursuit of local
autonomy.

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PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA

The governor or the city or municipal mayor shall act as the chairman with
SECTION 35. LINKAGES WITH PEOPLE’S AND
the following members:
NON-GOVERNMENTAL ORGANIZATIONS • The chairman of the appropriations committee of the sanggunian
concerned;
• A representative of the minority party in the sanggunian concerned, if
What can they do?
any, or if there be none, one chosen by said sanggunian from among its
• Enter into joint ventures and other cooperative arrangements to engage
members;
in the delivery of certain basic services, capability-building and livelihood
• The local treasurer;
projects.
• 2 representatives of NGOs that are represented in the local
• Develop local enterprises designed to improve productivity and income,
development council concerned, to be chosen by the organizations
to diversify agriculture, spur rural industrialization, promote ecological
themselves; and
balance, and enhance the economic and social well-being of the people.
• Any practicing CPA from the private sector, to be designated by the
local chapter of the Philippine Institute of CPAs, if any.
SECTION 36. ASSISTANCE TO PEOPLE’S Representatives of the Commission on Audit shall observe the proceedings
AND NON-GOVERNMENTAL ORGANIZATIONS of such committees and shall certify that the rules and procedures have
been complied with.

What can the LGU do? The agenda and other information relevant to the meetings shall be
Provide assistance, financial or otherwise, to such people’s and NGOs for deliberated by the committee at least one week before the holding of such
economic, socially-oriented, environmental, or cultural projects to be meetings.
implemented within its territorial jurisdiction.
Where shall the meetings be held?
How can a LGU do that? It shall be held in the provincial capitol or the city or municipal hall.
Through its local chief executive and with the concurrence of the sanggunian
concerned. The minutes of such meetings of the committee and any decision:
• Shall be duly recorded;
• It must also be posted at a prominent place in the provincial capitol or
SECTION 37. LOCAL PREQUALIFICATION, the city or municipal hall; and
BIDS AND AWARDS COMMITTEE • It must be delivered to the elective local officials concerned.

Mode of contracting
What does the Local PBAC do? • Mode not prescribed – It be contracted in the same manner as other
It is primarily responsible for the conduct of prequalification of contractors, corporations, partnerships, or individuals.
bidding, evaluation of bids, and the recommendation of awards concerning • Required form – Usually a charter requires certain formalities,
local infrastructure projects. whenever the municipal corporation is acting within the scope of its
legitimate purposes, all its contracts, sealed or unsealed, written or
parol, are valid.

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PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA

o This one is mandatory. preceding the day of the election; and able to read and write Filipino or
any other local language or dialect.
What is the purpose of competitive bidding? (b) Candidates for the position of governor, vice-governor, or member
For inviting competition, to guard against favoritism, improvidence, of the sangguniang panlalawigan, or mayor, vice-mayor or member of
extravagance, fraud and corruption, and to secure the best work or supplies the sangguniang panlungsod of highly urbanized cities must be at
at the lowest price. least twenty-one (21) years of age on election day.
(c) Candidates for the position of mayor or vice-mayor of independent
Competitive bidding in the letting of municipal contracts is uniformly component cities, component cities, or municipalities must be at least
construed as mandatory and jurisdictional. Nonobservance will render the twenty-one (21) years of age on election day.
contract void and unenforceable. However, good faith, or the absence of it in (d) Candidates for the position of member of the sangguniang
entering a contract is not material. panlungsod or sangguniang bayan must be at least eighteen (18) years
of age on election day.
(e) Candidates for the position of punong barangay or member of the
sangguniang barangay must be at least eighteen (18) years of age on
SECTION 38. LOCAL TECHNICAL COMMITTEE election day.
(f) Candidates for the sangguniang kabataan must be at least fifteen
(15) years of age but not more than twenty-one (21) years of age on
What does the LTC do?
election day.
It provides technical assistance to the Local PBACs.

General Qualifications of elective local officials:


Composition
• The provincial, city or municipal engineer;
1. Citizen of PH
• The local planning and development coordinator; and
2. Registered voter in barangay, municipality, city or province
• Other officials designated by the Local PBACs.
a. In case of sangguniang panlalawigan, panlungsod, bayan,
registered voter in the district where he intends to be
The chairman of the LTC shall be designated by the Local PBAC and shall
elected
attend its meeting in order to present the reports and recommendations of
3. Resident therein for at least 1 year immediately preceding the day
the LTC.
of the election
4. Able to read and write Filipino or any other local language or dialect
SECTION 39. QUALIFICATIONS
Candidates for the position of governor, vice-governor, or member of the
sangguniang panlalawigan, or mayor, vice-mayor or member of the
(a) An elective local official must be a citizen of the Philippines; a sangguniang panlungsod of highly urbanized cities, mayor or vice-mayor of
registered voter in the barangay, municipality, city, or province or, in independent component cities, component cities, or municipalities
the case of a member of the sangguniang panlalawigan, sangguniang • At least twenty-one (21) years of age on election day.
panlungsod, or sangguniang bayan, the district where he intends to be
elected; a resident therein for at least one (1) year immediately

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PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA

Candidates for the position of member of the sangguniang panlungsod or Domicile of origin: Acquired by every person at birth. Usually the place
sangguniang bayan, punong barangay or member of the sangguniang where the child’s parents reside and continues until the same is abandoned
barangay by acquisition of new domicile.
• At least eighteen (18) years of age on election day.
Domicile by choice:
Candidates for the sangguniang kabataan 1. Residence or bodily presence in the new locality
• At least fifteen (15) years of age but not more than twenty-one (21) 2. Intentions to remain there
years of age on election day. 3. Intention to abandon the old domicile

When qualifications required Ø “greencard” constitutes abandonment of domicile in the


• Continuing requirements, not only at the time of appointment or Philippines
election or assumption of office, but also during entire tenure Ø Naturalization in foreign country result in an abandonment of
• Once lost during incumbency, title to office itself is forfeited. domicile in the Philippines
• Vice of ineligibility cannot be cured by the will of the people
expressed through the ballot Purpose of residence requirement
• Citizenship need not be complied with prior to election but may be • Exclude outsiders from taking advantage of favorable
possed on the day the candidate assumes office. (Frivaldo v circumstances existing in a community for electoral gain.
Commision on Elections) • Prevent Strangers unacquainted with the needs of a community
from being elected.
Effect of disqualification of winner of election • Defeats purpose of representation
• Electorate thatvoted for unqualified candidate said to be waived the
validity and efficacy of their votes Ø Proof required for disqualification
• Eligible candidate obataining the next higher number of votes may Ø Property ownership not a requirement, enough that he lived in the
be deemed elected locality

When residence requirement met


1. Actual residence in an area for a given period
SECTION 40. DISQUALIFICATIONS
2. Domiciled in the same area either by origin or choice
1. Those sentenced by final judgment for an offense involving moral
turpitude or for an offense punishable by one (1) year or more of
Residence:
imprisonment, within two (2) years after serving sentence;
• Domicile or legal residence; “the place where a party actually or
2. Those removed from office as a result of an administrative case;
constructively has his permanent home, where he, no matter where
3. Those convicted by final judgment for violating the oath of
he may be found at any given time, eventually intends to return and
allegiance to the Republic;
remain”.
4. Those with dual citizenship;
• Not only intention to reside in a fixed place but also personal
5. Fugitives from justice in criminal or non-political cases here or
presence in that place, coupled with conduct indicative of such
abroad;
intentions.

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6. Permanent residents in a foreign country or those who have Dual Citizenship: As a result of concureent application of the different laws of
acquired the right to reside abroad and continue to avail of the two or more states, a person is simultaneously considered a national by the
same right after the effectivity of this Code; and said states. (INVOLUNTARY)
7. The insane or feeble-minded.
Dual Allegiance: A situation in which a person simultaneously owes, by
Judgement becomes finals where: some positibe act, loyalty to two or more states. (VOLUNTARY)
1. Period for perfecting an appeal has lapsed
2. Sentence is partially or totally satisfied or served Ø Dual citizenship equivalent to dual allegiance in the code.
3. Accused expressly waives in writing his right to appeal Ø Being dual citizen disqualifies a person from running for public
4. Accused applies for probation office
5. No appeal filed Ø Using foreign passport after renunciation of foreign citizenship still
disqualifies a person from running for local office (Maquiling v
LGC vs RPC COMELEC)
• LGC allows a prior convict to run for local elective office after the
lapse of 2 years from the time he serves his sentence… does not Fugitive from justice: Includes not only those conviction to avoid punishment
cover cases wherein the law(RPC) imposes a penalty, either as but likewise who, after being charged, flee to avoid prosecution.
principal or accessory, which has the effect of disqualifying the
convict to run for elective office. Insane: A condition which renders the affected person unfit to enjoy liberty of
action because of the unreliability of his behavior with concomitant danger to
Moral Turpitude: himself and others.
• An act of baseness, vileness, or depravity in the private duties
which a man owes his flow men, or to society in general, contrary to Feeble-minded: Mental defect. Compromise the mental ages of nine to
the accepted and customary rule of right and duty between man twelve years old.
and woman or
• Conduct contrary to justice, honesty, modesty, or good morals. Enumeration not exhaustive: other disqualifications are found in other laws
• Question of fact depends on all circumstances such as the Omnibus Election Code and Electoral Reforms Act of 1987.

Ø Those who have not served their sentence by reason of the grant of Execution of decided election case pending appeal:
probation which should not be equated with service of sentence, • Based on “good reason” – One ground to support a motion for
should not be disqualified from running for a local elective office. execution pending appeal is insufficient.
1. Public interest involved or will of the electorate
Requirements of decision: In writing, stating clearly and distinctly the facts 2. Shortness of the remaining portion of the term of the
and reasons for such decision contested office
3. The length of time that the election contest has been
Ø Section 40(b) has no retroactive effect. pending
Ø Any administrative disciplinay proceeding is abted if a candidate is
reelected

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SECTION 41. MANNER OF ELECTION SECTION 42. DATE OF ELECTION

(a) The governor, vice-governor, city mayor, city vice-mayor, municipal Section 42. Date of Election. - Unless otherwise provided by law, the
mayor, municipal vice-mayor, and punong barangay shall be elections for local officials shall be held every three (3) years on the second
elected at large in their respective units by the qualified voters Monday of May.
therein. However, the sangguniang kabataan chairman for each
barangay shall be elected by the registered voters of the
katipunan ng kabataan, as provided in this Code. SECTION 43. TERM OF OFFICE
(b) The regular members of the sangguniang panlalawigan,
(a) The term of office of all local elective officials elected after the effectivity
sangguniang panlungsod, and sangguniang bayan shall be
of this Code shall be three (3) years, starting from noon of June 30, 1992 or
elected by district, as may be provided for by law. Sangguniang
such date as may be provided for by law, except that of elective barangay
barangay members shall be elected at large. The presidents of
officials: Provided, That all local officials first elected during the local
the leagues of sanggunian members of component cities and
elections immediately following the ratification of the 1987 Constitution shall
municipalities shall serve as ex officio members of the sangguniang
serve until noon of June 30, 1992.
panlalawigan concerned. The presidents of the "liga ng mga
(b) No local elective official shall serve for more than three (3)
barangay and the pederasyon ng mga sangguniang kabataan"
consecutive terms in the same position. Voluntary renunciation of the
elected by their respective chapters, as provided in this Code, shall
office for any length of time shall not be considered as an interruption
serve as ex officio members of the sangguniang panlalawigan,
in the continuity of service for the full term for which the elective official
sangguniang panlungsod, and sangguniang bayan.
concerned was elected.
(c) The term of office of barangay officials and members of the
(c) In addition thereto, there shall be one (1) sectoral representative
sangguniang kabataan shall be for three (3) years, which shall begin after
from the women, one (1) from the workers, and one (1) from any
the regular election of barangay officials on the second Monday of May
of the following sectors: the urban poor, indigenous cultural
1994.
communities, disabled persons, or any other sector as may be
determined by the sanggunian concerned within ninety (90) days
Term: The time during which the officer may claim to hold office as of right
prior to the holding of the next local elections as may be provided
and fixes the interval after which the several incumbents shall succeed one
for by law. The COMELEC shall promulgate the rules and
another.
regulations to effectively provide for the election of such sectoral
representatives
Three consecutive terms:
• Not only three consecutive terms, but must also have been
elected to the same position for the same number of times.
• Involuntary severance from the office for any length of time
interrupts continuity of service and prevents the service before
and after the interruption from being joined together to form a
continuous service or consecutive terms.

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o Even when he withdraws the certificate of candidacy, it


Voluntary renunciation: a loss of title to office by conscious choice; cannot be does not render the resignation void ab initio.
used to defeat three-term rule. Succession by law not voluntary renunciation-
see section 44

Interruption of consecutive terms:


SECTION 44. PERMANENT VACANCIES IN
• An interruption occurs when the term is broken because the office THE OFFICES OF THE GOVERNOR, VG,
holder lost the right to hold on to his office, and cannot be equated MAYOR, and VM
with the failure to render service.
• Loss of office by operation of law being involuntary is an effective 1. If a permanent vacancy occurs in the office of the governor or
interruption of service within a term, regardless of the length of loss. mayor, the vice-governor or vice-mayor concerned shall become
• Temporary inability or disqualification to exercise the functions of an the governor or mayor.
elective post, even if involuntary, not considered interruption. 2. If a permanent vacancy occurs in the offices of the governor, vice-
governor, mayor, or vice-mayor, the highest ranking sanggunian
Preventive suspension: member or, in case of his permanent inability, the second highest
• Involves protection of the service and of the people being served ranking sanggunian member, shall become the governor, vice-
and prevents the office holder from temporarily exercising the governor, mayor or vice-mayor, as the case may be. Subsequent
power of his office. vacancies in the said office shall be filled automatically by the other
• Not considered an interruption sanggunian members according to their ranking as defined herein.
3. If a permanent vacancy occurs in the office of the punong
Recall election: barangay, the highest ranking sanggunian barangay member or, in
• An elective official is not disqualified by the consecutive term limit case of his permanent inability, the second highest ranking
where he was elected and served two full terms, becomes a private sanggunian member, shall become the punong barangay.
citizen for two years, subsequently wins a recall election during the 4. A tie between or among the highest ranking sanggunian members
same term, and serves the unexpired portion thereof. shall be resolved by the drawing of lots.
• Not covered by the three-term rule 5. The successors as defined herein shall serve only the unexpired
• Not immediate reelection after three consecutive terms terms of their predecessors.
• Intervening period constitutes an involuntary interruption 6. For purposes of this Chapter, a.
For purposes of succession as provided in the Chapter, ranking in the
Ø If municipality becomes a city, the municipal mayor having served sanggunian shall be determined on the basis of the proportion of votes
three consecutive terms cannot run for mayor of the same obtained by each winning candidate to the total number of registered voters
municipality-turned-city, by saying he has not served as city mayor. in each district in the immediately preceding local election.
Involves the same jurisdiction and same people.
Ø Upon filing of certificate of candidacy of an elective local official Vacancy: No person lawfully authorized at present to assume and exercise
running for an office other than the one he is actually holding, he is the duties of the office.
considered to have resigned from the moment of filing.

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Permanent vacancy: arises when an elective local official fills a higher


vacant office, refuses to assume office, fails to qualify, dies, is removed from Except for the sangguniang barangay, only the nominee of the political party
office, voluntarily resigns, or is otherwise permanently incapacitated to under which the sanggunian member concerned had been elected and
discharge the functions of his office. whose elevation to the position next higher in rank created the last vacancy
in the sanggunian shall be appointed in the manner hereinabove provided.
Effect of disqualification of winner of election: If winner of election of mayor is
disqualified, the vice-mayor takes over the position of mayor. The appointee shall come from the same political party as that of the
sanggunian member who caused the vacancy and shall serve the unexpired
Substitute candidate term of the vacant office.
Ø Only an official candidate of a registered or accredited political party
can be substituted In the appointment herein mentioned, a nomination and a certificate of
Ø A person without a valid certificate of candidacy cannot be membership of the appointee from the highest official of the political party
considered a candidate. concerned are conditions sine qua non, and any appointment without such
nomination and certification shall be null and void ab initio and shall be a
Second-placer cannot be proclaimed winner if the first-placer is disqualified ground for administrative action against the official responsible therefore.
• Limited to situations where the certificate of candidacy of the first
placer was valid at the time of filing bu subsequently had to be In case or permanent vacancy is caused by a sanggunian member who does
cancelled because of a violation of law that took place, or a legal not belong to any political party, the local chief executive shall, upon
impediment that took effect after the filing of COC recommendation of the sanggunian concerned, appoint a qualified person to
fill the vacancy.
If the COC of first-place is void ab initio, second-placer assumes office.
In case of vacancy in the representation of the youth and the barangay in the
sanggunian, said vacancy shall be filled automatically by the official next in
rank of the organization concerned.
SECTION 45. PERMANENT VACANCIES IN
THE SANGGUNIAN Local Chief Executive: those persons enumerated under section 45(a)(1) to
(3)
Permanent vacancies in the sanggunian where automatic succession
provided above do not apply shall be filled by appointment in the following
manner:
SECTION 46. TEMPORARY VACANCY IN THE
1. The President, through the Executive Secretary, in the case of the
sangguniang panlalawigan and the sangguniang panlungsod of
OFFICE OF THE LOCAL CHIEF EXECUTIVE
highly urbanized cities and independent component cities;
2. The governor, in the case of the sangguniang panlungsod of When the governor, city or municipal mayor, or punong barangay is
component cities and the sangguniang bayan; temporarily incapacitated to perform his duties for physical or legal reasons
3. The city or municipal mayor, in the case of sangguniang barangay, such as, but not limited to, leave of absence, travel abroad, and suspension
upon recommendation of the sangguniang barangay concerned. from office, the vice-governor, city or municipal vice-mayor, or the highest

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ranking sangguniang barangay member shall automatically exercise the


powers and perform the duties and functions of the local chief executive SECTION 47. APPROVAL OF LEAVES OF
concerned, except the power to appoint, suspend, or dismiss employees ABSENCE
which can only be exercised if the period of temporary incapacity exceeds
thirty (30) working days. (a) Leaves of absence of local elective officials shall be approved as follows:
1. Leaves of absence of the governor and the mayor of a highly
Said temporary incapacity shall terminate upon submission to the urbanized city or an independent component city shall be approved
appropriate sanggunian of a written declaration by the local chief executive by the President or his duly authorized representative;
concerned that he has reported back to office. In cases where the temporary 2. Leaves of absence of vice-governor or a city or municipal vice-
incapacity is due to legal causes, the local chief executive concerned shall mayor shall be approved by the local chief executive concerned:
also submit necessary documents showing that said legal causes no longer Provided, That the leaves of absence of the members of the
exist. sanggunian and its employees shall be approved by the vice-
governor or city or municipal vice-mayor concerned;
When the incumbent local chief executive is traveling within the country but 3. Leaves of absence of the component city or municipal mayor shall
outside his territorial jurisdiction for a period not exceeding three (3) be approved by the governor; and
consecutive days, he may designate in writing the officer-in-charge of the 4. Leaves of absence of a punong barangay shall be approved by the
said office. Such authorization shall specify the powers and functions that city or municipal mayor: Provided, that leaves of absence of
the local official concerned shall exercise in the absence of the local chief sangguniang barangay members shall be approved by the punong
executive except the power to appoint, suspend, or dismiss employees. barangay.
(b) Whenever the application for leave of absence hereinabove specified is
In the event, however, that the local chief executive concerned fails or not acted upon within five (5) working days after receipt thereof, the
refuses to issue such authorization, the vice-governor, the city or municipal application for leave of absence shall be deemed approved.
vice-mayor, or the highest ranking sangguniang barangay member, as the
case may be, shall have the right to assume the powers, duties, and
functions of the said office on the fourth (4th) day of absence of the said SECTION 48. LOCAL LEGISLATIVE POWER
local chief executive, subject to the limitations provided in subsection (c)
hereof. Section 48. Local Legislative Power. - Local legislative power shall be
exercised by the sangguniang panlalawigan for the province; the
Except as provided above, the local chief executive shall in no case sangguniang panlungsod for the city; the sangguniang bayan for the
authorize any local official to assume the powers, duties, and functions of the municipality; and the sangguniang barangay for the barangay.
office, other than the vice-governor, the city or municipal vice-mayor, or the
highest ranking sangguniang barangay member, as the case may be. Validity of an ordinance
1. Must be within the corporate powers of the municipal corporation to
enact
2. Must be passed according to the procedure prescribed by law
3. Must be consonance with principles of a substantive nature

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Principles of Municipal Ordinance 3. No appeal


1. Must not contravene the Constitution or any statute
2. Must not be unfair or oppressive Ø Sanggunian does not possess contempt or subpoena power.
3. Must not be partial or discriminatory Ø Power to license valid, proper use of police power or taxation
4. Must not prohibit but may regulate trade
5. Must be general and consistent with public policy
6. Must not be unreasonable
SECTION 49. PRESIDING OFFICER
Presumption of Validity
(a) The vice-governor shall be the presiding officer of the sangguniang
• An ordinance is presumed to be valid where it has reference to a
panlalawigan;
subject matter which is within the corporate jurisdiction, unless the
(b) the city vice-mayor, of the sangguniang panlungsod;
contrary appears on the face of the ordinance itself.
(c) the municipal vice-mayor, of the sangguniang bayan;
(d) the punong barangay, of the sangguniang barangay.
Consistent with Law
The presiding officer shall vote only to break a tie.
• Ordinances regulating subjects, matters, and things on which there
is a general law of the state must be in harmony with that state law,
In the event of the inability of the regular presiding officer to preside at a
and in any conflict between an ordinance and a statute, the latter
sanggunian session, the members present and constituting a quorum shall
(statute) must prevail.
elect from among themselves a temporary presiding officer. He shall certify
within ten (10) days from the passage of ordinances enacted and resolutions
Reasonableness
adopted by the sanggunian in the session over which he temporarily
1. Ordinance is within the powers of the municipal corporation
presided.
2. Ordinance is positive, definite, and certain in its terms
3. Ordinance is general, uniform, and impartial in its operation
Section 50. Internal Rules of Procedure. -
4. Ordinance is not in restraint of trade. Oppressive or in contravention
(a) On the first regular session following the election of its members and
of common rights.
within ninety (90) days thereafter, the sanggunian concerned shall adopt or
update its existing rules of procedure.
Vagueness
(b) The rules of procedure shall provided for the following:
1. Whether the ordinance gives fair warning to those persons
1. The organization of the sanggunian and the election of its officers
potentially subject to it
as well as the creation of standing committees which shall include,
2. Whether the ordinance adequately guards against arbitray and
but shall not be limited to, the committees on appropriations,
discrimination.
women and family, human rights, youth and sports development,
environmental protection, and cooperatives; the general jurisdiction
Requisites for Certiorari
of each committee; and the election of the chairman and members
1. Must be directed against a tribunal, board or officer exercising
of each committee;
judicial or quasi-judicial functions.
2. The order and calendar of business for each session;
2. Acted without or in excess of jurisdiction or with grave abuse of
3. The legislative process;
discretion amounting lack or excess of jusrisdiction

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4. The parliamentary procedures which include the conduct of considerations that may tend to affect his judgment to the prejudice of the
members during sessions; service or the public.
5. The discipline of members for disorderly behavior and absences
without justifiable cause for four (4) consecutive sessions, for which (b) The disclosure required under this Act shall be made in writing and
they may be censured, reprimanded, or excluded from the session, submitted to the secretary of the sanggunian or the secretary of the
suspended for not more than sixty (60) days, or expelled: Provided, committee of which he is a member. The disclosure shall, in all cases, form
That the penalty of suspension or expulsion shall require the part of the record of the proceedings and shall be made in the following
concurrence of at least two-thirds (2/3) vote of all the sanggunian manner:
members: Provided, further, That a member convicted by final 1. Disclosure shall be made before the member participates in the
judgment to imprisonment of at least one (1) year for any crime deliberations on the ordinance or resolution under
involving moral turpitude shall be automatically expelled from the consideration: Provided, That, if the member did not participate
sanggunian; and during the deliberations, the disclosure shall be made before
6. Such other rules as the sanggunian may adopt. voting on the ordinance or resolution on second and third
readings; and
2. Disclosure shall be made when a member takes a position or
SECTION 51. FULL DISCLOSURE OF makes a privilege speech on a matter that may affect the
FINANCIAL AND BUSINESS INTERESTS OF business interest, financial connection, or professional
SANGGUNIAN MAMBERS relationship described herein.

Section 51. Full Disclosure of Financial and Business Interests of


Sanggunian Members. -
(a) Every sanggunian member shall, upon assumption to office, make a full SECTION 52. SESSIONS
disclosure of his business and financial interests, or professional relationship
or any relation by affinity or consanguinity within the fourth civil degree,
Section 52. Sessions. -
which he may have with any person, firm, or entity affected by any ordinance
(a) On the first day of the session immediately following the election of its
or resolution under consideration by the sanggunian of which he is a
members, the sanggunian shall, by resolution, fix the day, time, and place of
member, which relationship may result in conflict of interest. Such
its regular sessions. The minimum numbers of regular sessions shall be
relationship shall include:
once a week for the sangguniang panlalawigan, sangguniang panlungsod,
1. Ownership of stock or capital, or investment, in the entity or
and sangguniang bayan, and twice a month for the sangguniang barangay.
firm to which the ordinance or resolution may apply; and
2. Contracts or agreements with any person or entity which the
(b) When public interest so demands, special sessions may be called by the
ordinance or resolution under consideration may affect.
local chief executive or by a majority of the members of the sanggunian.
In the absence of a specific constitutional or statutory provision applicable to
this situation, "conflict of interest" refers in general to one where it may be
(c) All sanggunian sessions shall be open to the public unless a closed-
reasonably deduced that a member of a sanggunian may not act in the
door session is ordered by an affirmative vote of a majority of the
public interest due to some private, pecuniary, or other personal
members present, there being a quorum, in the public interest or for

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reasons of security, decency, or morality. No two (2) sessions, regular


or special, may be held in a single day. SECTION 54. APPROVAL OF ORDINANCES
(d)
(d) In the case of special sessions of the sanggunian, a written notice to the
Section 54. Approval of Ordinances. -
members shall be served personally at the member's usual place of
(a) Every ordinance enacted by the sangguniang panlalawigan, sangguniang
residence at least twenty-four (24) hours before the special session is held.
panlungsod, or sangguniang bayan shall be presented to the provincial
Unless otherwise concurred in by two-thirds (2/3) vote of the sanggunian
governor or city or municipal mayor, as the case may be. If the local chief
members present, there being a quorum, no other matters may be
executive concerned approves the same, he shall affix his signature on each
considered at a special session except those stated in the notice.
and every page thereof; otherwise, he shall veto it and return the same with
(e)Each sanggunian shall keep a journal and record of its proceedings which
his objections to the sanggunian, which may proceed to reconsider the
may be published upon resolution of the sanggunian concerned.
same. The sanggunian concerned may override the veto of the local chief
executive by two-thirds (2/3) vote of all its members, thereby making the
ordinance or resolution effective for all legal intents and purposes.
SECTION 53. QUORUM
(b) The veto shall be communicated by the local chief executive concerned
Section 53. Quorum. - to the sanggunian within fifteen (15) days in the case of a province, and ten
(a) A majority of all the members of the sanggunian who have been elected (10) days in the case of a city or a municipality; otherwise, the ordinance
and qualified shall constitute a quorum to transact official business. Should a shall be deemed approved as if he had signed it.
question of quorum be raised during a session, the presiding officer shall
immediately proceed to call the roll of the members and thereafter announce (c) Ordinances enacted by the sangguniang barangay shall, upon approval
the results. by the majority of all its members, be signed by the punong barangay.

(b) Where there is no quorum, the presiding officer may declare a recess
until such time as a quorum is constituted, or a majority of the members
present may adjourn from day to day and may compel the immediate SECTION 55. VETO POWER OF THE LOCAL
attendance of any member absent without justifiable cause by designating a CHIEF EXECTUIVE
member of the sanggunian to be assisted by a member or members of the
police force assigned in the territorial jurisdiction of the local government unit
concerned, to arrest the absent member and present him at the session. Section 55. Veto Power of the Local Chief Executive. -
(a) The local chief executive may veto any ordinance of the sanggunian
(c) If there is still no quorum despite the enforcement of the immediately panlalawigan, sangguniang panlungsod, or sanggunian bayan on the ground
preceding subsection, no business shall be transacted. The presiding officer, that it is ultra vires or prejudicial to the public welfare, stating his reasons
upon proper motion duly approved by the members present, shall then therefor in writing.
declare the session adjourned for lack of quorum.
(b) The local chief executive, except the punong barangay, shall have the
power to veto any particular item or items of an appropriations ordinance, an

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ordinance or resolution adopting a local development plan and public (c) If the sangguniang panlalawigan finds that such an ordinance or
investment program, or an ordinance directing the payment of money or resolution is beyond the power conferred upon the sangguniang panlungsod
creating liability. In such a case, the veto shall not affect the item or items or sangguniang bayan concerned, it shall declare such ordinance or
which are not objected to. The vetoed item or items shall not take effect resolution invalid in whole or in part. The sangguniang panlalawigan shall
unless the sanggunian overrides the veto in the manner herein provided; enter its action in the minutes and shall advise the corresponding city or
otherwise, the item or items in the appropriations ordinance of the previous municipal authorities of the action it has taken.
year corresponding to those vetoed, if any, shall be deemed reenacted.
(d) If no action has been taken by the sangguniang panlalawigan within thirty
(c) The local chief executive may veto an ordinance or resolution only once. (30) days after submission of such an ordinance or resolution, the same
The sanggunian may override the veto of the local chief executive concerned shall be presumed consistent with law and therefore valid.
by two-thirds (2/3) vote of all its members, thereby making the ordinance
effective even without the approval of the local chief executive concerned.

SECTION 57. REVIEW OF BARANGAY


SECTION 56. REVIEW OF COMPONENT CITY ORDINANCES BY THE SANGGUNIANG
AND MUNICIPAL ORDINANCES OR PANLUNGSOD OR SANGGUINAG
RESOLUTIONS BY THE SANGGUNIAN PPAMBAYAN
PANLALAWIGAN Section 57. Review of Barangay Ordinances by the Sangguniang
Panlungsod or Sangguniang Bayan. –

Section 56. Review of Component City and Municipal Ordinances or (a) Within ten (10) days after its enactment, the sangguniang barangay shall
Resolutions by the Sangguniang Panlalawigan. furnish copies of all barangay ordinances to the sangguniang panlungsod or
(a) Within three (3) days after approval, the secretary to the sanggunian sangguniang bayan concerned for review as to whether the ordinance is
panlungsod or sangguniang bayan shall forward to the sangguniang consistent with law and city or municipal ordinances.
panlalawigan for review, copies of approved ordinances and the resolutions
approving the local development plans and public investment programs (b) If the sangguniang panlungsod or sangguniang bayan, as the case may
formulated by the local development councils. be, fails to take action on barangay ordinances within thirty (30) days from
receipt thereof, the same shall be deemed approved.
(b) Within thirty (30) days after the receipt of copies of such ordinances and
resolutions, the sangguniang panlalawigan shall examine the documents or (c) If the sangguniang panlungsod or sangguniang bayan, as the case may
transmit them to the provincial attorney, or if there be none, to the provincial be, finds the barangay ordinances inconsistent with law or city or municipal
prosecutor for prompt examination. The provincial attorney or provincial ordinances, the sanggunian concerned shall, within thirty (30) days from
prosecutor shall, within a period of ten (10) days from receipt of the receipt thereof, return the same with its comments and recommendations to
documents, inform the sangguniang panlalawigan in writing of his comments the sangguniang barangay concerned for adjustment, amendment, or
or recommendations, which may be considered by the sangguniang modification; in which case, the effectivity of the barangay ordinance is
panlalawigan in making its decision. suspended until such time as the revision called for is effected.

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sanggunian shall record such fact in a book kept for the purpose, stating the
SECTION 58. ENFORCEMENT OF dates of approval and posting.

DISAPPROVED ORDINANCES OR
(c) The gist of all ordinances with penal sanctions shall be published in a
RESOLUTIONS newspaper of general circulation within the province where the local
legislative body concerned belongs. In the absence of any newspaper of
Section 58. Enforcement of Disapproved Ordinances or Resolutions. - general circulation within the province, posting of such ordinances shall be
Any attempt to enforce any ordinance or any resolution approving the local made in all municipalities and cities of the province where the sanggunian of
development plan and public investment program, after the disapproval origin is situated.
thereof, shall be sufficient ground for the suspension or dismissal of the
official or employee concerned. (d) In the case of highly urbanized and independent component cities, the
main features of the ordinance or resolution duly enacted or adopted shall, in
addition to being posted, be published once in a local newspaper of general
circulation within the city: Provided, That in the absence thereof the
SECTION 59. EFFECTIVITY OF ORDINANCES ordinance or resolution shall be published in any newspaper of general
OR RESOLUTIONS circulation.

Section 59. Effectivity of Ordinances or Resolutions. -

(a) Unless otherwise stated in the ordinance or the resolution approving the
local development plan and public investment program, the same shall take
effect after ten (10) days from the date a copy thereof is posted in a bulletin
board at the entrance of the provincial capitol or city, municipal, or barangay
hall, as the case may be, and in at least two (2) other conspicuous places in
the local government unit concerned.

(b) The secretary to the sanggunian concerned shall cause the posting of an
ordinance or resolution in the bulletin board at the entrance of the provincial
capitol and the city, municipal, or barangay hall in at least two (2)
conspicuous places in the local government unit concerned not later than
five (5) days after approval thereof.

The text of the ordinance or resolution shall be disseminated and posted in


Filipino or English and in the language understood by the majority of the
people in the local government unit concerned, and the secretary to the

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