MAY 8, 2018
and wing wall
POWERS OF THE LGU- POLICE POWER
*most destructive power is the power of
taxation
Nature of power- not absolute
-must adhere to due process and equal
protection of the laws
-when an ordinance is passed, it must not
prohibit trade, but only restrict. (ordinance re:
cabarets and night clubs)
-White Light Corp. v. City of Manila: ordinance
prohibiting short-time admissions and wash-
up rates in hotels, motels, inns, lodging
houses, pension houses and similar
establishments
*when two people who are married to other
people check in at a motel, such right is
protected provided they will not get caught
-Fernando v. St. Scholastica provides tests to
invoke police power as a rationale for the
valid passage of an ordinance:
a.) must not contravene the constitution
b.) not unfair or oppressive
c.) not partial or discriminatory
d.) does not prohibit but may regulate trade
e.) must be general and consistent with public
policy
f.) must not be unreasonable
-Nuisance per and per accidens, public and
private nuisance, and attractive nuisance
*Patis factory is a nuisance per accidens
*Charcoal Briquettes are nuisance per se
because the smoke emanating from them is
hazardous to the public health
*Read Frabelle case: noise as nuisance per se
or per accidens. See determining factor
*Read up the definition of private nuisance
LIMITATIONS FOR THE EXERCISE
Two circumstances justifying the use of police
power:
1.) The interest of the public requires
such interference
2.) The means are reasonably necessary
for the accomplishment of the
purpose and not unduly oppressive to
individuals
POWERS OF THE LGU-EMINENT DOMAIN
Definition:
a.) Taking of private property
b.) For public use
c.) Without the owner’s consent
d.) Upon payment of just compensation
and observance of due process
-Just compensation is based on the fair
market value or value of the land stated in the
tax declaration, whichever is lower
-There must be an offer and a refusal
-A complaint for eminent domain is filed in a
court of law
-Land owner cannot complain regarding just
compensation of unconscionable because of
Regalian Doctrine
-Meaning of public use: whatever is
beneficially employed for the community
*Read on the process of Eminent Domain,
who may exercise the right of eminent
domain
-As to purpose of expropriation, Heirs of
Juancho Ardona is treated as a novel case, as
the purpose is for tourism. SC allowed the
expropriation for tourism purposes
-A land cannot be expropriated that is already
appropriated for public use(in case of a
Chinese cemetery)
-Always strictly construed against
expropriation
-lifeblood of the nation
-Reclassification is always through an
Publication Requirement:
ordinance passed, not just a mere resolution
MAY 10, 2018
Continuation of Eminent Domain
-Two phases of expropriation proceedings:
a.) determination of the authority of the
plaintiff and propriety of the exercise
b.) determination of just compensation
c.) RTC has jurisdiction over eminent domain
proceedings(capable of pecuniary estimation)
d.) 15% of the Fair Market Value and issuance
of writ of possession
LIMITATIONS*refer to Sec. 1 of the Bill of
Rights
-How do we determine necessity for
expropriation: Masikip v. City of Pasig,
“Necessity must be of public character that
would benefit the greatest of citizens with the
least inconvenience”, etc.
-Just compensation is computed at the time of
the filing of the complaint. XPN: unless the SC
fixes the value of the property as of the date
of taking(NAPOCOR v. CA, 254 SCRA 577)
*Read up on the 5 elements of taking(not
exclusive; there are some other
manifestations; e.g. constructive taking)
-If there is a stipulation that the private owner
may take back the property the moment the
intended public use did not prosper, then
rescission takes place. Otherwise, the
property becomes a patrimonial property of
the state(there must be a stipulation)
POWERS OF THE LGU- TAXATION
-not inherent in municipal corporations
-strictly construed against the government
1.) There must be a sponsor(either a
councilor, or a provincial governor)
2.) Public hearing will be conducted
3.) There must be 2/3 of the votes of
Sangguniang Panlalawigan or
Panlungsod
4.) Signed by the mayor to be a tax
ordinance
5.) Must be published in a newspaper of
general circulation(or a local
newspaper); Tuzon v. CA
-Procedure to contest legality of a tax
ordinance:
1.) appeal to Sec. of Justice within 20 days
2.) Secretary decides
3.) If aggrieved party does not agree, he
can go to court within 30 days
4.) If the Sec. does not act after 60 days, a
party could seek relief in court(Coca Cola
Bottlers Phil. v. City of Manila)
-Tax ordinance takes effect 15 days after
its passage, unless the ordinance provides
otherwise
Fundamental Principles of Municipal
Taxation:
- Procedure for approving a tax
ordinance(Sec 187 LGC)
- Source of taxing powers of LGU- most
popular source of local government
taxation is Real Property Tax
- Nonpayment of real property tax
subjects the private property into
delinquent status and may be the
subject of sale if the tax is still not
paid
- Limitations of municipal taxing power
- Ericson Telecommunications Inc. v.
City of Pasig
2 kinds of tax that cannot be imposed by
LGUs:
1.) Excise taxes on articles
2.) Taxes and fees or charges from
petroleum products(because it is the
national government that taxes the
aforementioned)
-Franchise tax is not a personal property
and therefore the franchise owner must
pay real estate taxes(Sec 193 and 194 of
LCG)
-PLDT v. City of Bacolod
-Payment of taxes under protest: obey or
pay first before complaining
-Olivares v. Marquez: procedure to follow
in filing tax protests
-The requirement of payment under
protest is a condition sine qua non before
a protest or appeal
-LGUs cannot tax a government
instrumentality: the operation of
government might be overburdened,
impeded or subjected to control by a
mere local government
-Basco v. PAGCOR: Basco wants PAGCOR
to pay amusement tax; PAGCOR is a
government instrumentality under the
national government, therefore cannot be
subjected to the taxing power of an LGU;
Moreover, it will give rise to corruption
-Franking Privilege is the privilege of
sending certain matter through the public
mails without payment of postage. In
pursuance of a personal or official
privilege
-Double taxation is allowed in local levels
-Each LGU has the power to generate
revenue. It is the Congress which
determines the taxing powers of the LGUs
consistent with local autonomy
-GOCCs not exempt because of corporate
tax
-Authority to impose taxes and fees for
extraction of gravel and sand belongs to
the province(Municipality of San
Fernando v. Sta. Romana). It is not the
towns itself that should regulate, but the
province that covers them
*Distinction between license fee and tax
-Ty v. Trampe; remedies: 1.) refund 2.) tax
credit
-Is the increase valid from 418% to 570%
of real estate tax? Confiscatory in nature
if the percentage is double than the
regular price
KINDS OF ROADS:
1.) National Roads
2.) Provincial Roads
3.) City Roads
4.) Municipal Roads
5.) Camino Vecinal
-Liability attaches to the DPWH with
regard to accidents on national roads
-Rationale behind distinction of roads: kto
know who is liable for death or damage,
and to identify the party to be sued
-All bridges are extensions of the
road(Nagtahan bridge is a national road)
-It is always the Congress that controls all
the roads and to classify the same
Rules in opening and closing a road:
-Permanent closure: 2/3 of all the votes in
the city council, etc.
-Temporary Closure: should not exceed 9
days
-LGU controls parking in local streets
-Can LGU summarily destroy stalls of
market vendors? Yes, because the roads
are primarily intended for pedestrians and 3.) the vanity commemorative plate- good
not for any other purpose; those stalls are for 1 year; for fundraising purposes as
considered public nuisance well

-A plaza is not within or is beyond the
commerce of man, therefore it cannot be
subject to a contract
-Pilapil v. CA: Camino Vecinal
-If the subdivision road is not donated to
the LGU, then the land will be classified as
a compound
-black and yellow plates: public utility
vehicles
-blue and white plates: a.) plate #
1000(ambassador); b.) plate # with 6
characters: not immune from suit
PLATE NUMBERS: Significance- rule on
succession; who will succeed the highest
officer(the president)

1- President
CORPORATE POWERS OF THE LGU
2- Vice President
-City of Manila v. Teotico: City of Manila 3- Senate President
lost(Art. 2189 of the Civil Code) 4- House Speaker
5- Chief Justice
-Municipality of San Juan v. CA: do not use 6- Cabinet Secretary
Teotico if the facility is other than a 7- Senators
manhole 8- Representatives
9- Associate Justices of the Supreme
Court
MAY 15, 2018
10A- Senior Associate Justice/s (CA)
GOVERNMENTAL FUNCTION
10XX- in between senior and junior
-How to determine if a motorvehicle is associate justice/s
owned by the government:
10DDD- Junior Justice/s
a.) Has a red and white plate or template
10SAN- Sandiganbayan
b.) Always starts with a letter “S”(security
plate) 10CTA- Court of Tax Appeals

-But there are other government plates:
green and white(private vehicle belonging
to the intelligence community for security
reason)
-Palafox case practical lesson: do not get
in the way of any government vehicles
10NLRC- National Labor Relations
Commission
10?
10OSG- Office of the Solicitor General
10ODA- Justice Agcaoili(personalized)

-3 modifications of the private plates: 10JBC- Judicial and Bar Council

1.) the premium plates- 5 characters 10OCA- Office of the Court Administrator

2.) the special plates- allowed to choose
letters and number as long as it will not
exceed 6 characters
11- Chairman of the COMELEC
12- Undersecretary
13- Associate Solicitor General
 14- Associate Secretary
15- Presidential Consultant/Adviser
16PP- Provincial Prosecutor
16CP- City Prosecutor
16LA- Labor Arbiter
16D- RTC Judge from CALABARZON
ncr 16 147- Judge Benjamin Pozon
16 lrc- Land Registration Commissioner
17- Metropolitan/Assistant Chief
Prosecutor
18- Municipal Trial Judge
-Quantum Meruit(latin for “as much as he
deserved”) the actual value of services
performed. Determines the amount to be
paid for services when no contract exists or
when there is doubt as to the amount due for
the work performed but done under
circumstances when payment could be
expected
-Quantum Sufficit: as much as suffices; a
sufficient quantity
-Quantum Valebant: as much as they were
worth; uncountable
LEGISLATIVE POWERS OF THE LGU
-Ordinance vs Resolution(distinctions)
-A municipal ordinance is a rule, law or statute
adopted by a municipal legislative body. A
municipal ordinance generally means that a
municipal act is adopted that has the force
and effect of a law, the violation of which may
be enforced in city municipal court.
Ordinances go into effect 30 days after
adoption, unless they are enacted as an
emergency ordinance.
- A resolution is a formal expression of the
opinion or will of an official municipal body
adopted by a vote. Pursuant to Montana
statute, a resolution may be a statement of
policy by the municipal - 2 - governing body
(city council) or an order of the municipal
governing body that a specific action be
taken. Resolutions go into effect immediately
upon adoption.
-E.g. of a resolution and why it is important(pg
12 of Zamora v. Caballeno); to determine the
number of board members(?)
MAY 22, 2018
-An official in probation may still run for office
-A candidate for election must be both a
registered and qualified voter
-What if registered voter but not qualified?
Then he must be disqualified to be a
candidate
*Jalosjos, Cayat, Rivera III cases
-Disqualifications in the case of Amora v.
COMELEC: crimes of moral turpitude
*Definition of Moral Turpitude
*Dual Citizenship v. Dual Allegiance(Mercado
v. Manzano)
*Definition of Material
Misrepresentation(Justimbaste v. COMELEC)
-Kara v. COMELEC(2nd placer doctrine): does
not pertain to the losing candidate under the
same category, but pertains to the next lower
position which is the vice mayor/governor, by
virtue of the rule on succession
*Amora v. COMELEC
-Term of office(Sec 8, Art 10 of the
Constitution and Sec. 43(b) of LGC): 3 years
for not more than 3 consecutive terms for the
same position(governor, mayor, vice mayor)
-Borja v. COMELEC in re: term of office
provides for the 2 elements which must
concur:
1.) local official concerned must be elected to
that office
2.) said official must have fully served or
finished the 3 years for the same office for 3
consecutive terms
-De Facto doctrine: refers to an officer who
has been elected or appointed to an office
who was subsequently removed. E.g. CJ
Sereno was removed through quo warranto
but is still considered as de facto Chief Justice,
and any act by her during her term must be
considered valid
-Lonzanida case: failure of elections(grounds
thereof); refers to involuntary act: was not
able to complete the term, therefore cannot
be considered a full term
*Montebon v. COMELEC
MAY 24, 2018
VACANCY: PERMANENT AND TEMPORARY
-Difference between: (according to SCRA)
a.) Acting governor
b.) Acting as governor- appointed due to
longer vacancy
c.) Officer-in-charge- done through exigencies
or emergency situation
-Farinas v. Barba: Domingo abandoned his
post as councilor(he was #1); Barba(mayor)
appointed a replacement(Palafox); Farinas
also appointed his own(Nacino); Is the
procedure in filling up the position proper?
No.
*Panis case
-Next in line rule is not absolute
-Double compensation not allowed
*Requisites of valid resignation
*Gamboa, Ducena and Miranda case
-What is recall: process of removing elective
officials on the ground of loss of trust and
confidence
-Dual ground: 1.) loss of trust; 2.) loss of
confidence
-Limitation: cannot happen on the 1st year of
the elective official’s term; cannot also
happen on the 3rd year because it precedes
election
-It can only happen on the 2nd year of the
term
-SK election not considered a regular local
election
-Nature of recall process: it is a political
question
Procedure in conducting a recall:
1.) Can only be conducted through 25%of
the registered local voters in the
locality—25% to sign the recall
petition
2.) Submit to COMELEC for
authentication
3.) After authentication, COMELEC will
declare that there has to be a recall
120 days after the approval for such
purpose
4.) Conduct recall process
-Can the COMELEC say they cannot conduct a
recall due to lack of funds? No. Not a ground
to refuse to conduct recall process
-Suppose a recall process was filed against a
vice mayor then he became mayor by rule on
succession? Recall becomes moot and
academic
-If recall process was filed against a mayor and
pending conduct of the recall process, can the
he resign? No. Because recall process has
already been conducted
-Effect of recall process on the term of the
official? Socrates v. COMELEC—this stops the
3-year term limit
-Preparatory recall assembly has been was made, automatic reinstatement of the
abolished suspended official

-May an official receive his salary under

preventive suspension? No. However, if
LOCAL INITIATIVE AND REFERENDUM
proven not guilty, back payment
-Initiative: a process whereby the people are
-Is there such a thing as multiple preventive
allowed to propose an amendment to local
suspension? Yes, when the official has
ordinances by themselves(it does not need
multiple pending cases
approval of councilors)
-May the ombudsman or deputy ombudsman
-Referendum: process whereby the citizens
issue preventive suspension? Yes. Because it
are consulted in affairs for their opinion, to be
is well within its powers as provided by its
used in future legislation
charter and when evidence of guilt is very
*Sec. 60 of LGC strong

-If an official has an administrative case and

subsequently wins the election, the case is
automatically condoned by virtue of the
doctrine of forgiveness and condonation(non-
existent jurisprudence in Philippine law)
-Aguinaldo v. Santos: abandoned because as
an official, he has to be accountable for his
actions whether it was committed in the past
KATARUNGANG PAMBARANGAY
-If a case did not go through the lupon, the
case will be considered as lacking cause of
action or is prematurely filed. Effect will be
dismissal
Cases cognizable by the lupon:

-Llamas case: executive clemency in 1.) Those with penalty not more than 1
administrative cases applicable in the local year
level 2.) Those that do not constitute ancillary
actions
-People v. Jalosjos: doctrine of condonation
3.) When complainant is a corporation,
does not to criminal cases, much less
partnership, etc.(not susceptible to
administrative cases(public office is a public
settlement)
trust)
-What if the barangay chairman himself is the
-Grego case: an official committed an
respondent? DOJ may suggest that a barangay
infraction during his time as sheriff. He
chairman from a nearby barangay be invited
subsequently resigned. Thereafter, he ran for
to be the lupon
office. Can he be removed from office on the
ground of his administrative case as former -Barangay Law is summary in character
sheriff? No.
-It must be conducted within 90days
-Preventive Suspension: official not allowed to
Process:
exercise his function due to such infraction
1.) Complaint
-Length of time or maximum number of days
2.) Answer
of preventive suspension? 60 days for a single
3.) Conciliation: a.) settlement b.)
offense; 90 days for repetitive offense.
certificate to file action
-Rationale: period refers to that time of
Process in a Court of Law:
investigation; if upon expiry and no decision
1.) Complaint
2.) Preliminary investigation
3.) Set case for pre-trial
4.) Mediation
5.) Judicial dispute resolution
6.) Option of re-raffle assuming the JDR
fails
7.) Pre-trial conference
8.) Trial proper or trial on the merits