Professional Documents
Culture Documents
LA VIÑA
Preliminary notes areas. It involves decision-making by sub-national units. It is typically delegated
The exam would be 100 points + 10pt bonus. He asks essay questions just power, wherein a larger government chooses to delegate certain authority to more
for 5 points! Nevertheless, answer as comprehensively as you can to get local governments
the full points. Federalism: implies some measure of decentralization, but unitary systems may
He also said that he won’t ask you to memorize, BUT you should know also decentralize. The sub-units that have been authorized to act do not possess any
general concepts and issues. claim of rights against the central government.
TOPICS most likely to be included: Section 3: Congress ENACT LGC! (then outline more or less ng LGC)
*national-local powers Section 4: GENERAL SUPERVISION CLAUSE
*qualifications for elections President exercise general supervision over local governments
*disciplinary actions Provinces: component cities and municipalities
*CDMASAB (creation, division, merger, abolition and substantial alteration Cities and municipalities: component barangays
of boundaries) *ensure acts of their component units are w/n the scope of their prescribed powers
*corporate vs. governmental functions and functions
*General supervision powers – who exercises supervision over who?
*general welfare clause (police powers) questions GENERAL SUPERVISION: ensure that local affairs are administered according to law.
*federalism: test limits of local governance No control over acts in the sense that he can substitute their judgments with his
*autonomy, decentralization and devolution own. Power of supervision means “overseeing or authority of an officer to see that
*recall elections as effective check the subordinate officers perform their duties.
*term-limits -includes power of the president to discipline elective officials. Also includes power
to investigate. (Joson v. Executive Secretary)
CONSTI PROVS on LG: ARTICLE X *see Section 25, LGC
Section 1: Territorial and Political Subdivisions (PCMBA):
1. provinces Section 5: ECON POWERS
2. cities Each LGU shall have power to:
3. municipalities 1. create own sources of revenues
4. barangays 2. levy TFC subject to such guidelines and limitations as the Congress may
5. autonomous regions provide (power of taxation delegated by Congress to LGUs)
*Pimentel: list exclusive! …consistent with local autonomy
LGU Defined …TFC accrue exclusively to LGUs
Basco v. PAGCOR: Local Government has been described as a political *see Section 18, LGC
subdivision of a nation or state which is constituted by law and has substantial
control of local affairs. In a unitary system of government, such as the government Section 6: IRA provision
under the Philippine Constitution, local governments can only be an intra sovereign -just share in the national taxes
subdivision of one sovereign nation, it cannot be an imperium in imperio. Local -automatically released to them
government in such a system can only mean a measure of decentralization of the *see Discussion on Section 18 of LGC
function of government.
Section 7: SHARE in Wealth of Nation
Section 2: territorial and political subdivisions enjoy LOCAL AUTONOMY -equitable share in the proceeds of the utilization and development of the national
Limbona v. Mangelin: wealth w/n their respective areas
• decentralization of administration - when the central government
-includes sharing the same with the inhabitants by way of direct benefits
delegates administrative powers to political subdivisions in order to Section 8: TERM OF LOCAL OFFICIALS
broaden the base of government power and in the process to make local GR (Local officials): 3 years, no more than 3 consecutive terms
governments "more responsive and accountable X: barangay officials, as determined by law
• decentralization of power - involves an abdication of political power in VOLUNTARY RESIGNATION: not considered an interruption in the continuity of service
the favor of local governments units declare to be autonomous . The – considered full term
autonomous government is free to chart its own destiny and shape its *see Section 43, LGC
future with minimum intervention from central authorities.
*Under LGC, only decentralization of administration! Section 9: Sectoral reps in Sanggunians
Section 10: Creation of LGUs
Decentralization vs Federalism -CDMASAB in accordance w/ LGC + approval of the majority of votes cast in a
Decentralization: decision by the central government authorizing its subordinates, plebiscite in the political units DIRECTLY AFFECTED
whether geographically or functionally defined, to exercise authority in certain *See section 10, LGC
APPOINTIVE LOCAL OFFICIALS COMMON TO ALL MUNICIPALITIES, CITIES AND *Treasurer and Asst. Treasurer: appointed by SOF
PROVINCES
Mandatory vs. Optional Basic job description
Mandatory: required: the LGU has the duty to appoint Assessor: real property values
Optional: it’s the choice of the appointing official to appoint it Accountant: internal auditor of the LGU
Treasuer: collection of local taxes
Pattern: Determine WON the function/duty performed is crucial to the delivery of Budget Officer: allocation of budget
the basic services or to the operation of the local government – ACCOUNTABILITY OF
LGUS Cases
On treasurer
Mandatory positions Macalincag v. Chang, 208 SCRA 413 (1992)
1. Sanggunian Secretary Municipal treasurer was under the DOF as provided in Section 3 of PD 477 (SABI NI
2. Treasurer PIMENTEL). SOF is proper disciplining authority to issue preventive suspension order.
3. Assessor Mayor/Gov may still exercise power to investigate erring local officials
4. Accountant pursuant to Sections 444(x), 455(x) and 456 (x) of LGC.
5. Budget Officer -HISTORY OF POWER TO APPOINT TREASURER: before (PD 477) Provincial Treasurers
6. Engineer and Assessors appoint municipal treasurers. Then power to appoint transferred to
7. Planning and Development Coordinator SOF (PD 921). Chang argues that the power to discipline him should be vested on
8. Health Officer the President who he alleges that under EO 392 had the power to appoint him.
9. Legal Officer, also optional However, under the Civil Service Law, the heads of the departments have the power
10. Civil Registrar to discipline and PD 477 provides that SOF has disciplinary supervision over
11. Administrator, also optional municipal treasurers.
Page 13 of 13 Cha Mendoza
LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIÑA
-as re: replacement required: Both the CIVIL SERVICE LAW and the then LGC does Pandi v. CA, 380 SCRA 436 (2002) * IPHO-APGH: Integrated Provincial
not require a replacement to be appointed first before the preventive suspension Health Officer-Amai Pakpak General Hospital
would be effective. OLD LGC even provides that in the case of temporary disability -Governor Mutilan of Lanao had no authority to appoint Saber as OIC IPHO-APGH
of the treasurer, the assistant treasurer would automatically take-over his position. since at the time he made the appointment, IPHO-APGH was still under national
PREVENTIVE SUSPENSION EFFECTIVE UPON CHANG’S RECEIPT THEREOF government, officials paid from national funds entirely. Saber’s appointment VOID.
-Section 478, LGC: not a grant of powers to governors and mayors to appoint local
On Budget Officer health officers but simply a directive that those empowered to appoint local health
Lira v. CSC, Jaranilla, 144 SCRA 541 (1986) officers are mandated to do so (so DUTY, NOT POWER)
-PD 1375 transferred the local budget administration from the Ministry of Finance to -Designation made by Macacua after EO 133 valid.
the Ministry of Budget. Lira’s position as part of the Office of the Mayor is but a -After EO 133, the ARMM Local Code was passed. Under the ARMM Local Code, the
budget policy-determining arm of the local chief executive, otherwise it would be provincial health officer was converted from a regional government official to a
performing same functions as the Local Budget Staff of the City Treasurer’s Office. provincial official, and thus is under the general supervision and control of the
PD 1375 created the new position of City Budget Officer as a result of the transfer Provincial Governor and not of the Regional Secretary of Health. It is only after the
and since it’s a new position, it’s open to ALL QUALIFIED! ARMM Code that Governor Mutilan could have validly appointed Saber as OIC IPHO-
-QUALIFICATIONS: 3yr experience in treasury service or equivalent in budgeting or APGH.
in any related field + minimum qualification requirements, subject to Civil Service
Law and approval of Commissioner of Budget. Local Chief Executive’s discretion and On Legal Officer
prerogative in his choice of appointee to a new office is limited: should consider only Griňo v. CSC, 194 SCRA 458 (1991) – legal officer as a confidential officer
those who are qualified and eligible. Quoting Cadiente v. Santos, a city legal officer is one requiring that utmost
-Lira’s appointment was not done pursuant to Local Budget Circular No. 8 which confidence on the part of the mayor. The relationship existing between a lawyer and
requires that if a Local Budget Officer be appointed before June 19, 1980, the said his client, whether a private individual or a public officer, is one that depends on the
officer should be issued a new appointment to the position. Lira was not issued a highest degree of trust that the latter entertains for the counsel selected. Being a
new appointment, nor was her appointment approved by the Minister of Budget. “primarily confidential”, the Provincial Atty.’s services can be terminated based on
-Jaranilla has more experience: 6 years budgeting work vs. 2 years in Lira’s case. loss of confidence and trust.
Court, CSC found her more qualified than Lira -As regards the staff: legal work involved can be delegated. They do not occupy
primarily confidential positions, instead, they occupy positions that are remote from
On Engineer the appointing authority and are subject to the supervision and control of the legal
Genoblazo v. CA, 174 SCRA 124 (1989) officer, who can ensure that the judiciary duties inherent in the attorney-client
Manila City Engineer was authorized to issue a demolition order on his finding that relationship are observed. Accordingly, they enjoy security of tenure as mandated by
the disputed structures are dangerous and structures within the meaning of the the Civil Service Law.
National Building Code (dangerous or ruinous).
Ramos v. CA, 269 SCRA 34 (1997)
Patagoc v. CSC, 185 SCRA 411 (1990) GR: Only the provincial fiscal, provincial attorney and municipal attorney should
-CSC cannot disapprove the appointment made by the City Mayor when the represent a municipality in its lawsuits. Only accountable public officers may act for
appointed official is qualified. The power of appointment is essentially discretionary and in behalf of public entities and that public funds should not be expended to hire
and the Commission cannot substitute its judgment for that of the appointment private lawyers.
power. CSC under PD 807 may only approve or disapprove the appointment X: 1. when the municipality is an adverse party in a case involving the provincial
after determining WON the appointee possesses the appropriate civil government or another municipality or city within the province;
service eligibility or the required qualifications. It cannot order or direct the 2. if and when the provincial fiscal is disqualified to represent in court a particular
appointment of a successful protestant. municipality;
-Both Patagoc and the Incumbent Asst. City Engineer were qualified. 3. when the original jurisdiction of a case involving the municipality is vested in the
PIMENTEL: Requirement under OLD LGC that City Engineer must have been an Asst. Supreme Court
City Engineer or has engaged in the practice of his profession for at least 5 years NO 4. in a case involving the municipality, he or his wife, or child is pecuniary involved
LONGER CONTROLLING as heir, legatee, creditor or otherwise.
Sec121: Who may Exercise Initiative and Referendum Sec126: Local Referendum Defined
-all registered voters of the PCMB -legal process whereby the registered voters of the LGU may approve,
amend, or reject any ordinance enacted by the Sanggunian
Sec122: Procedure in Local Initiative -held under CONTROL AND DIRECTION OF COMELEC w/n
(a) petition filed w/ Sanggunian proposing the adoption, enactment, *60d: Provinces and cities
repeal, or amendment of an ordinance by *45d: municipalities
…1k registered voters: Provinces and cities *30d: brgys
….100 registered voters: Brgys -COMELEC certifies and proclaims results
(b) no favorable action w/n 30d from presentation: proponents
Sec127: proposition approved pursuant to an initiative/referendum may be
(through duly authorized and registered reps) invoke power of
declared null and void by the proper courts
initiative – give notice to Sanggunian concerned
Grounds:
(c) proposition NUMBERED SERIALLY STARTING FROM ROMAN
1. violation of COnsti
NUMERAL I. COMELEC extend assistance
2. want of capacity of Sanggunian concerned to enact measure
(d) 2+ propositions may be submitted in an initiatie
(e) Collect number of signatures: Subic Bay Metropolitan Authority v. Comelec, 262 SCRA 492 (1996):
*period (counted from NOTICE to Sanggunian): In enacting the Initiative and Referendum Act, Congress differentiated one term from
-90d: provinces and cities the other, thus:
-60d: municipalities Initiative Referendum
-30d: Brgys -Power of the people to propose -power of the electorate to approve or
*may designate stations for collecting signatures: in a public place in amendments to the Constitution or to reject a legislation through an election
the LGU propose and enact legislations through an called for the purpose.
*whose presence required: election called for the purpose
-election registrar/rep -Indirect initiative: exercise of initiative by
-rep of proponent the people through a proposition sent to
-rep of Sanggunian concerned
Page 15 of 15 Cha Mendoza
LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIÑA
Congress or the local legislative body for …involving moral turpitude
action …punishable by 1 year or more of imprisonment
-3 systems of initiative: -2 classes: ….w/n 2yrs after serving sentence
1. Initiative on the Constitution: petition 1. Referendum on statutes: petition to MORENO V. COMELEC: if under probation, not serving sentence
proposing amendments to the Constitution approve or reject an act/law, or part anymore and restored to all civil rights lost or suspended as a result of
2. Initiative on Statutes: petition proposing thereof, passed by Congress conviction
to enact a national legislation 2. Referendum on local law: petition b. removed from office as a result of an administrative case
3. Initiative on local legislation: petition to approve or reject a c. convicted by final judgment for violating the oath of allegiance of
proposing to enact a law/resolution/ordinance enacted by the Republic – a person simultaneously owes, by some positive act,
regional/provincial/city/municipal/barangay regional assemblies and local loyalty to 2+ states
law, resolution or ordinance legislative bodies MERCADO V. MANZANO: Dual citizenship vs. dual allegiance (see corresponding
-resorted to by the people directly either -the lawmaking body submits to the items for def)
because the lawmaking body fails or registered voters of its territorial
refuses to enact the jurisdiction, for approval or rejection, d. those w/dual citizenship* - w/ concurrent application of the different laws of
law/ordinance/resolution/act that they any ordinance or resolution which is 2 or more states, the person is simultaneously a national by the said states
desire or because they want to amend or duly enacted or approved by such *In Citizenship Retention and Re-acquisition Act of 2003 (DUAL CITIZENSHIP
modify one already existing. lawmaking authority LAW), a natural-born citizen who lost Philippine Citizenship by naturalization of a
foreign country should: (1) take oath; (2) make a personal and sworn
renunciation of any and all foreign citizenship; (3) should not be occupying a
public office abroad ; and/or (4) not in active service as commissioned/non-
PEOPLE AND STRUCTURES IN THE LOCAL GOVERNMENT commissioned officers
ELECTIVE OFFICIALS e. fugitives from justice: criminal/nonpolitical cases here/abroad: includes not
Qualifications and Election only those who flee after conviction to avoid punishment but likewise those
Section 39. Qualifications who, after being charged, flee to avoid prosecution. ESTABLISH INTENT TO
General Requirements EVADE (RODRIGUEZ V. COMELEC)
(a) citizen of the Philippines (regardless if natural born or naturalized – CO f. permanent residents of a foreign country
v ELECTORAL TRIBUNAL OF THE HOUSE) …have acquired right to reside abroad + continue to avail the same right after
(b) registered voter in the LGU (if exec) or district (if Sanggunian) the effectivity of this Code
(c) resident therein for at least 1 yr immediately preceding the day of the g. insane or feebleminded
election GREGO V COMELEC: no provision for retroactive application
ABELLA V. COMELEC, SUPRA:difference between place of work vs. place of
domicile: domicile (where the person ultimately wants to reside, intent to return) vs. …is it a lifetime ban for local office the fact that you have been administratively
place of work; residence = domicile` - IMPORTANT UNG ANIMUS REVERTENDI removed you are disqualified? It seems so under Section 40 (b). – understood to be
DUMPIT-MICHELENA V. BOADO: to successfully effect a change of domicile, removal FOR CAUSE
there must be a clear and positive proof of concurrence of the ff: (1) an BRY SJ: seems unfair that one cannot run for being removed through an
actual removal or an actual change of domicile; (2) a bona fide intention of administrative case but those sentenced by final judgment for criminal conviction
abandoning the former place of residence and establishing a new one; (3) can run again if pardoned unconditionally…
acts which correspond w/ the purpose. Marge: under B, the lawmakers may have thought that these persons were already
(d) able to read and write Filipino or any other local language or dialect given the opportunity to work for the government but did not perform well
(e) AGE REQUIREMENT: at least
*23 y.o. on election day: GOV/VICE GOV/mem of Sangguniang Section 41: Manner of Election
Panlalawigan (PROVINCE) or MAYOR/Vmayor/member of Sangguniang (a) AT LARGE/THROUGHOUT THE TERRITORIAL JURISDICITON OF THE LGU
Panglungsod (HUC) CONCERNED
*21 y.o. on election day: MAYOR/VMAYOR of ICCs, Component cities and *Gov/vgov: entire province
municipalities *mayor/vmayor: entire city/municipality
*18y.o. on election day: mem of Sangguniang Panglungsod (ICC, *punong brgy: entire brgy
Component cities)/bayan (component municipality) (b) BY DISTRICT: regular mems of the various sanggunians
*18y.. on election day: Punong Barangay/mem of Sangguniang Barangay
*at least 15 y.o. but not more than 21 y.o.a. on election day: (c) BY BARANGAY: mems of Sangguniang Brgy
Sangguniang Kabataan (d) BY LEAGUE: presidents of the leagues…