Finals Reviewer Locgov

8/3/2019 Finals Reviewer Locgov

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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIAPreliminary notesThe exam would be 100 points + 10pt bonus. He asks essay questions

just for 5 points! Nevertheless, answer as comprehensively as you canto get the full points.He also said that he wont ask you to memorize, BUT you should knowgeneral concepts and issues.

TOPICS most likely to be included:*national-local powers*qualifications for elections*disciplinary actions*CDMASAB (creation, division, merger, abolition and substantialalteration of boundaries)*corporate vs. governmental functions*General supervision powers who exercises supervision over who?*general welfare clause (police powers) questions*federalism: test limits of local governance*autonomy, decentralization and devolution*recall elections as effective check

*term-limits

CONSTI PROVS on LG: ARTICLE X

Section 1: Territorial and Political Subdivisions (PCMBA):1. provinces2. cities3. municipalities4. barangays5. autonomous regions

*Pimentel: list exclusive!LGU DefinedBasco v. PAGCOR: Local Government has been described as a political

subdivision of a nation or state which is constituted by law and hassubstantial control of local affairs. In a unitary system of government, such asthe government under the Philippine Constitution, local governments canonly be an intra sovereign subdivision of one sovereign nation, it cannot bean imperium in imperio. Local government in such a system can only mean ameasure of decentralization of the function of government.

Section 2: territorial and political subdivisions enjoy LOCAL AUTONOMYLimbona v. Mangelin :

decentralization of administration - when the central governmentdelegates administrative powers to political subdivisions in order tobroaden the base of government power and in the process to make

local governments "more responsive and accountable

decentralization of power- involves an abdication of political power

in the favor of local governments units declare to be autonomous .The autonomous government is free to chart its own destiny andshape its future with minimum intervention from central authorities.

*Under LGC, only decentralization of administration!

Decentralization vs Federalism

Decentralization: decision by the central government authorizing itssubordinates, whether geographically or functionally defined, to exerciseauthority in certain areas. It involves decision-making by sub-national units. Itis typically delegated power, wherein a larger government chooses todelegate certain authority to more local governmentsFederalism: implies some measure of decentralization, but unitary systemsmay also decentralize. The sub-units that have been authorized to act do notpossess any claim of rights against the central government.

Section 3: Congress ENACT LGC! (then outline more or less ng LGC)Section 4: GENERAL SUPERVISION CLAUSEPresident exercise general supervision over local governments

Provinces: component cities and municipalitiesCities and municipalities: component barangays*ensure acts of their component units are w/n the scope of their prescribedpowers and functions

GENERAL SUPERVISION: ensure that local affairs are administeredaccording to law. No control over acts in the sense that he can substitutetheir judgments with his own. Power of supervision means overseeing orauthority of an officer to see that the subordinate officers perform their duties.-includes power of the president to discipline elective officials. Also includespower to investigate. (Joson v. Executive Secretary

)*see Section 25, LGC

Section 5: ECON POWERSEach LGU shall have power to:

1. create own sources of revenues2. levy TFC subject to such guidelines and limitations as the Congress

may provide (power of taxation delegated by Congress to LGUs)consistent with local autonomyTFC accrue exclusively to LGUs

*see Section 18, LGC

Section 6: IRA provision-just share in the national taxes

-automatically released to themCha MendozaPage 1 of 1


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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIA*see Discussion on Section 18 of LGC

Section 7: SHARE in Wealth of Nation-equitable share in the proceeds of the utilization and development of thenational wealth w/n their respective areas-includes sharing the same with the inhabitants by way of direct benefits

Section 8: TERM OF LOCAL OFFICIALSGR (Local officials): 3 years, no more than 3 consecutive termsX: barangay officials, as determined by lawVOLUNTARY RESIGNATION: not considered an interruption in thecontinuity of service considered full term*see Section 43, LGC

Section 9: Sectoral reps in SangguniansSection 10: Creation of LGUs-CDMASAB in accordance w/ LGC + approval of the majority of votes cast ina plebiscite in the political units DIRECTLY AFFECTED*See section 10, LGC

Section 11: CREATION OF SPECIAL METROPOLITAN POLITICALSUBDIVISIONS-by law-subject to plebiscite similar to Sec10-component cities and municipalities retain basic autonomy + entitledto own executive and legislative assemblies-jurisdiction limited to basic services requiring coordinationMMDA v. Bel-Air Village Association: MMDA has no police power, nolegislative power, just coordinating powers and laying down policiesfor the efficient and expeditious delivery of basic services

Section 12: CLASSIFICATION OF CITIESHUC determined by lawICC prohibit their voters from voting for provincial elective officialsComponent cities could vote for provincial elective officialsABELLA v. COMELEC: Section 12, Article X of the Constitution is explicit inthat aside from highly urbanized cities, component cities whose chartersprohibit their voters from voting for province elective officials are independentof their province. (a registered voter of an independent component city who isprohibited from voting provincial officials cannot run as officials of theprovince!)*see Section 451-453, LGC

Section 13: LGUs may group themselves

For purposes of1. consolidation and coordination of efforts, services and

resources2. common benefit

Section 14: REGIONAL DEVELOPMENT COUNCILS-composition:

a. LG officesb. reps from NGOs-purpose: administrative decentralization, strengthen autonomy ofunits, accelerate the economic and social growth and development ofunits in the region

Section 15 to 21: AUTONOMOUS REGIONSSec15: creation of Autonomous regions of Muslim Mindanao andCordillerasSec16: President exercise General supervision: ensure laws arefaithfully executedSec17: Powers, functions, responsibilities should be granted by

law/consti or else, NGSec18: Organic Act for each Autonomous regionSec19: first Congress enact organic actsSec20: Legislative Powers of Autonomous regionsSec21: Preservation of peace and order w/n region local policeagenciesDefense and security National Government

YeY! Locgov proper

THE LOCAL GOVERNMENT CODE: PRINCIPLES, POWERS ANDRELATIONS

Section 1: LGC titleDefinition of LGU: Basco vs. Pagcor: Local Government has beendescribed as a political subdivision of a nation or state which is constituted bylaw and has substantial control of local affairs. In a unitary system ofgovernment, such as the government under the Philippine Constitution, localgovernments can only be an intra sovereign subdivision of one sovereignnation, it cannot be an imperium in imperio. Local government in such asystem can only mean a measure of decentralization of the function ofgovernment.

Section 2: Declaration of Policy(a) genuine and meaningful local autonomy(b) accountability of LGUs through recall, initiative, and referendum

Cha MendozaPage 2 of 2


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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIA(c) periodic consultations w/ LGUs, NGOs and other sectors of

community

Genuine and meaningful local autonomy-purpose of establishing local autonomy in the system of governance isto enable LGUs to become self-reliant communities and to make themmore effective partners in the attainment of national goals

Accountable local officials-people empowerment through checks on local officials*see sections 69-75 and 120-127

Consultations-see Sec26-27

Section 3: Operative Principles of Decentralization(a) effective allocation among LGUs of respective powers,

functions, responsibilities, and resources(b) organizational structure and operating mechanisms to meet

priority needs and services(c) local officials, employees, subject to CS laws (merit andfitness), paid maily from local funds

(d) responsibility and accountability accompanied by provision forreasonably adequate resources (ArtX. Sec5,6,7)

(e) general supervision (ArtX. Sec4)

(f) LGUs may group themselves (ArtX, Sec13)(g) Enhance LGUs capabilities to enable them to participate

actively in implementation of national programs and projects(h) continuing mechanism to enhance local autonomy(i) LGUs and NG share in responsibility in the management and

maintenance of ecological balance (Sec26)

(j) Effective mechanism for insuring accountability of LGUs (Secs2(b), 69-75, 120-127)

(k) Improved coordination of NG policies and programs, extensionof adequate technical and material assistance (Sec 25)

(l) Participation of private sector in local governance encouraged(ArtX, Sec9)

(m) NG ensure that decentralization contributes to continuingdevelopment and performance of LGUs

GANZON v. CA: Local autonomy is not instantly self-executing. Although thebroad principles on local autonomy are set out in the Constitution, they arenot self-executing but subject to, among other things, the passage of a local

government code, a local tax law, income distribution legislation, and a

national representation law, and measures designed to realize autonomy atthe local level. In spite of autonomy, the Constitution places the localgovernment under the general supervision of the Executive.

Section 4: Scope of Application

Section 5: Rules of Interpretation

a. power of LGU: liberal interpretation in favor of LGUin case of doubt: in favor of devolution of powers, in favor of LGU

b. tax ordinance: strictly against LGU, liberally in favor of taxpayerTax exemption: strictly against person claiming it

c. general welfare clause: interpret liberally to give more powersto LGUs in accelerating economic devt and upgrading qualityof life for the people in the community

d. rights and obligations existing before LGC and contractsinvolving LGUs: original terms

e. when no legal provision/jurisprudence available: may resort tocustoms and traditions in the place where controversy takes

place* Where the law speaks in clear and categorical language, there is no roomfor interpretation. There is only room for application. (SUCALDITO V.MONTEJO)

YAO KEE V. SY-GONZALES: cusoms: a rule of conduct formed byrepetition of acts, uniformly observed or practiced as a social rule, legallybinding and obligatory. A custom must be proved as a fact, according to therules of evidence. A local custom as a source of right cannot be consideredby a court of justice unless such custom is properly established by competentevidence like any other fact.BADUA V. CORDILLERA BODONG ADMINISTRATION: For decisions oftribal councils to be applicable, they should be w/n the scope of LGC

(therefore, in this case, should be under an autonomous region)

Chapter 2 General Powers and Attributes of LGUs*refer to Section 10, CONSTISection 6: Authority to CDMASAB-by law: by Congress: province, city, municipality, or any other politicalsubdivision-by ordinance: by Sangguniang Panlalawigan/Panlungsod: barangay

LATASA v. COMELEC: the creation or conversion of a local governmentunit is done mainly to help assure its economic viability.CORDILLERA BROAD COALITION V. COA: Administrative Regions arenot territorial and political subdivisions but are primarily created to coordinate



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIAthe planning and implementation of programs and services in the coveredarea.. CAR is not a public corporation or a territorial and political subdivision.It does not have a separate juridical personality unlike provinces, cities andmunicipalities. Neither is it vested with the power to sue and be sued, thepower to own and dispose of property, the power to create its own sources ofrevenues, etc.PELAEZ v. AUDITOR GENERAL: President has no power to create

municipalities. The authority to create municipal corporations is essentiallylegislative in nature. The statutory denial of the presidential authority tocreate a new barrio implies a negation of the bigger power to createmunicipalities, each of which consists of several barrios.

Section 7. Creation and ConversionGR: based on verifiable indicators of viability and projected capacity toprovide services

(a) INCOME: sufficient for all essential government functions andservices, commensurate with population size

(b) POPULATION: total # of inhabitants w/n territorial jurisdiction(c) LAND AREA: contiguous

X: comprises of 2+ islandsseparated by a LGU independent of others*properly identified by metes and bounds*sufficient to provide for basic services and facilities to meet

requirements of populace

HOWCREATED

Income Plus Population

(certifiedby NSO)

Land Area (certified byLMB)*

Not Territory as usedbefore, inspired by Tan v.

COMELEC

Province Only byan Act

ofCongress(therefore LAW)

At least20M for

the last2yimmediately prior

to itscreation

andbasedupon1991

constantprices as

certified

Either

At least250k

inhabitants

Contiguous Territory Atleast 2k km2

-creation shall not reducethe land area, populationor income of the originalunit/s at the time of saidcreation to less than theminimum requirementsa. territorial jurisdiction

shall be properlyidentified by metes and

boundsX: composed of 1+

islands

b. need not be contiguous

by DOF if composed of 2+ islands

City Only byan ActofCongress(therefo

re LAW)

At leastP100Mfor thelast 2

consecutive years

basedon 2000constantprices ascertifiedby DOF(amended by RA9009)

Either

At least150k

inhabitants

Contiguous Territory Atleast 100 km2

-creation shall not reducethe land area, populationor income of the originalunit/s at the time of said

creation to less than theminimum requirementsa. territorial jurisdiction

shall be properlyidentified by metes and

boundsX: composed of 1+

islandsb. need not be contiguousif composed of 2+ islands

Municipality

Only bylaw

Annualincome:

At leastP2.5Mfor thelast 2

consecutive years

basedon 1991constant

prices

And(all

3)

At least25k

inhabitants

Contiguous Territory Atleast 50 km2

-creation shall not reducethe land area, populationor income of the original

municipality ormunicipalities at the timeof said creation to less

than the minimumrequirements

a. territorial jurisdictionshall be properly

identified by metes andbounds

X: composed of 1+islandsb. need not be contiguousif composed of 2+ islands

Barangay *by law*byordinance

NoneFinancialviabilityof the

createdbaranga

ybecome

s the

Cantaddanything!

GR: Atleast 2k

inhabitants

Except:w/n M.M.

areaother

metropoli

NONEa. land must be

contiguousb. land shall be

properly identifiedby metes and

bounds



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIAobligation of the

LGUcreating

it

tanpoliticalsubdivisions w/cmay becreatedby law

HUCsdapat

P5kinhabitan

ts

Tan v. COMELEC: Territory reflected only territory with reference to mass ofland area and excluded the waters over which the political unit exercisedcontrol.

Section 8. Division and Merger.-same requirements as Creation and Conversion (INCOME,

POPULATION, LAND AREA - IPL)-no reduction of IPL of LGUs concerned to less than min standards,and w/re: INCOME, not below what was standard before

Section 9: ABOLITION of LGUs-there should be a law/ordinance-IPL irreversibly reduced to less than the minimum-the law/ordinance should include where the LGU would beincorporated/mergedPIMENTEL: Congress retained power to create brgys in MetropolitanManila so they can abolish it too.

SECTION 10: Plebiscite Requirement-mandatory-approval of majority of the votes cast in a plebiscite called for thepurposein the political unit/units DIRECTLY AFFECTED-conducted by COMELEC w/n 120d from effectivity of law/ordinance(unless law/ordinance fix date)

Tan v. COMELEC: in the creation of a new LGU, those to be included insuch plebiscite would be the people living in the area of the proposed newprovince and those living in the parent province.Arguments that DIRECTLY AFFECTED means only those that would be

included in the new LGU:

PAREDES v. EXEC SEC: In creating new municipalities from formerbarangays of other municipalities, should only include those which would beincluded under the new LGU because the residents of the parentmunicipalities would still be under the same LGU (Province) w/o diminution ofany rights. (so consider same status, pero under pa rin supervision ng sameentitysame benefits)LOPEZ v. COMELEC: Creation of MMC w/o plebiscite held as constitutional

but now requires plebiscite: SEC11, ARTX, Consti requires plebiscite!ABBAS v. COMELEC: Administrative regions ARE NOT TERRITORIALAND POLITICAL SUBDIVISIONS like provinces, cities, municipalities andbarangays so TO MERGE LGUs into an administrative region, NOPLEBISCITE REQUIRED.

Section 11: Selection and Transfer of LG Sites, Offices and FacilitiesSection 12: Government CentersSection 13. Naming of LGUs and Public Places, Streets and Structures*basically:WHO HAS POWER TO CHANGE NAMES:

(a) Sangguniang Panlalawigan

(b) Sanggunian of HUCs and ICCs(c) Sanggunian of Component Cities and Municipalities

What can they change (in general): - in consultation with PhilippineHistorical Commission +

1. component units under them w/ recommendation ofSanggunian concerned + ratification in plebiscite

2. roads, avenues, blvds, thoroughfares, and bridges

3. schools Local School Boards4. hospital, health facilities Local Health Boards5. any other public place/bldg owned by the LGU concerned

*cant use names of living persons, unless for justifiable reasons, not

oftener than once every 10 years*cant change name with historical/cultural/ethnic significance unlessoverturned by UNANIMOUS VOTE OF SANGUNIAN CONCERNED +CONSULTATION WITH PHC*should notify: President, rep of legislative district concerned, Bureauof Posts

Section 14: Beginning of Corporate ExistenceGR: upon election and qualification of its chief executive and majorityof the members of its sanggunianX: other time fixed by law/ordinance



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIASection 15: Political and Corporate Nature of LGU (DUALPERSONALITY)LGUs:-body politic and corporate endowed with powers to be exercised by itin conformity w/law-shall exercise powers as a1. political subdivision of the national govt

2. corporate entity representing inhabitants of its territory

CITY of MANILA v. IAC: re transfer of bones when lease contract w/public cemetery not yet over so sued for damages (so refer to this laterw/re suability)-Its powers are twofold in character-public, governmental or political onthe one hand, and corporate, private and proprietary on the other.*Governmental powers: exercised in administering the powers of the stateand promoting the public welfare and they include the legislative, judicial,public and political*Municipal powers: exercised for the special benefit and advantage of thecommunity and include those which are ministerial, private and corporate

CITY OF NAGA V. CA: When transferring titles to property, needsRESOLUTION OF PROVINCIAL BOARD + APPROVAL OF PRESIDENT

Section 16: GENERAL WELFARE CLAUSEPowers exercised by LGUs:

(1) expressly granted(2) necessarily implied from powers expressly granted(3) necessary, appropriate, or incidental for its efficient and effective

governance(4) those essential to the promotion of the general welfare (catch all)

*Without the General Welfare clause, can LGUs still exercise police powers?NO. it is delegated by Legislative: should be granted expressly

PRESIDENT, based on residual powers, could also exercise Police Power* H in the ff answers WON there was valid exercise of Police power

*RURAL BANK OF MAKATI v. MAKATI:-2 branches of general welfare clause:(1) general legislative power: authorizes the municipal council to enactordinances and make regulations not repugnant to law, as may be necessaryto carry into effect and discharge the powers and duties conferred upon themunicipal council by law.(2) police power proper: authorizes the municipality to enact ordinances asmay be necessary and proper for the health and safety, prosperity, morals,peace, good order, comfort and convenience of the municipality and itsinhabitants and for the protection of their property.

ACEBEDO OPTICAL COMPANY V CAThe State, through the legislature, has delegated the exercise of policepower to LGUs, as agencies of the State, in order to effectively accomplishand carry out the declared objects of their creation. This delegation of policepower is embodied in the general welfare clause of the code. So exerciseshould be in accordance with law.

*BINAY v. DOMINGO-Police powers vested in LGUs broad and not limited: AS LONG ASGREATEST WELFARE TO ALL. Care for poor is public purpose.-duty to provide for the real needs of the people in their health, safety,comfortand convenience and consistently as may be with private rights.

PPL V FAJARDO-Should comply with standards of DUE PROCESS

*LUCENA GRAND CENTRAL TERMINAL V. JAC LINER-can regulate right to enjoy property, PROVIDED:

(1) for a lawful subject(2) reasonablereasonable in a sense that it is not too overbroad! (there might be otherways to achieve the lawful subject)

PARAYNO V. MUNICIPALITY OF CALASIO- A local government is considered to have properly exercised its policepowers only when the following requisites are met:(1) the interests of the public generally, as distinguished from those of aparticular class, require the interference of the State and(2) the means employed are reasonably necessary for the attainment of theobject sought to be accomplished and not unduly oppressive.

The first requirement refers to the equal protection clause and the second, tothe due process clause of the Constitution.

*TATEL V MUNICIPALITY OF VIRAC-For it to be valid however it(1) must not only be within the corporate powers of the municipality to enactbut must also be passed according to the procedure prescribed by law,andmust be in consonance with certain well established and basic principles of asubstantive nature(2) must not contravene the Constitution or any statute(3) must not be unfair or oppressive(4) must not be partial or discriminatory



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIA(5) must not prohibit but may regulate trade(6) must be general and consistent with public policy, and(7) must not be unreasonable

*BALACUIT V. CFI AGUSAN (MOVIE HOUSES TIX CASE)-business may be regulated but regulation must be w/n the bounds ofreason, that is, the regulatory ordinance must be reasonable, and its

provisions cannot be oppressive amounting to arbitrary interference with thebusiness or calling subject of regulation. A lawful business or calling may not,under the guise of regulation, be unreasonably interfered with even by theexercise of police power

*VILLANUEVA V CASTANEDA (ON LEASE CONTRACTS OF PUBLICPROPERTY)-Police power cannot be suspended/bargained away through a contract.Impairment clause is subject to and limited by the paramount police power.

DACANAY V. ASSISTIO(ON LEASE CONTRACTS OF PUBLIC

PROPERTY)-interest of a few should not prevail over good of the greater number in thecommunity whose health, peace, safety, good order and general welfare therespondent city officials are under legal obligation to protect.

SANGALAN V. IAC-If act is in the concept of police power no need for just compensation.

Section 17: Basic Services and FacilitiesBrgy powers in general:-Minimal compared to the other political subdivisions because Congress wasof the opinion that then, brgys do not yet possess either the structuralcapacity or the administrative knowhow to handle the vast powers that arenow devolved to other LGUsMunicipal Powers in general:more extensive, four major services:

(a) agricultural and aquacultural, encouraged through cooperatives(b) health services connected to primary health care and access to

secondary and health care and access to secondary and tertiaryhealth services

(c) social welfare services(d) other services

Provincial powers: more sweepingagriculture and aquacultureindustrial development services

health servicessocial servicesinvestment support servicescomputerizing tax information and collection servicesintra-municipal telecom servicesCity powers; all services and facilities which the barangay, municipality andprovince have been empowered to deliver (except Katarungang

Pambarangay), plus:(a) adequate communication and transportation facilities(b) support for education, police and fire services and facilities

*devolution provision-LGUs can do everthing, subject to supervision of NGX: Environment still subject to control of DENR(a) provides devolution of NG agencies services

BRGY: LIMITEDSERVICESbrgy is usually the governance unit:-involve constituents in decision-making

-peace-making-delivery of some services*for BRgys, the most important services involves Agricultural and Healthservices*Envt not devolved though need proximate careSubsidiary: delegate all powers and decisions to level competent

MUNICIPALITIESAND CITIES: BASICUNITW/CDELIVERSERVICES*(2)(ii) supervision AND CONTROL OF DENR: DENR could substitute

judgment to what municipality doesWHY INSERTED? Congressmen wanted to prevent mayors and governorsto be too powerful!

Provinces: Coordinator of services*no transfer of budget powers kasi konti rin lang naman ibubudget!? W/c power only 1 LGU can exercise: Katarungang Pambarangay powers!

Section 18: Power to Generate and Apply ResourcesUnder Section 18, LGUs can raise resources primarily through the ff:Taxes, fees, chargesIRA: just share in national taxes automatically and directly released to themw/o need of any further actionshare in proceeds from the utilization and development of the national wealthand resources within their respective territorial jurisdictions



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIAproprietary power: to acquire, develop, lease, encumber, alienate orotherwise dispose of real or personal property held by them in theirproprietary capacitycf: ArtX, Secs 5,6 & 7ESTANISLAO V. COSTALES (ON TAXATION POWERS)-LGUs have the power to create their own sources of revenue, levy taxes,etc. BUT subject to the guidelines and limitations set by Congress (IN

ACCORDANCE W/SEC5, ART X OF CONSTI)

PIMENTEL V. AGUIRREAutomatic Release of IRA MANDATORY. A basic feature of local fiscalautonomy is the automaticrelease of the shares of LGUs in the nationalinternal revenue. This is mandated by no less than the constitution (ArtX,Sec6). The LGC specifies further that the release shall be made directly tothe LGU concerned w/n 5d after every quarter of the year and shall not besubject to any lien or holdback that may be imposed by the nationalgovernment for whatever purpose.

Section 19: Eminent Domain

Steps for expropriation of LGU1. purpose: for public use/purpose or welfare for the benefit of the poorand landless THERE SHOULD BE A NECESSITY FOR THETAKING: MASIKIP V. CITY OF PASIG

2. WHO: chief executive acting through an ordinance

3. ORDINANCE duly passed, AND NOT A RESOLUTION (BELUSO V.MUNICIPALITY OF PANAY, MUNICIPALITY OF PARANAQUE VVM REALTY)

4. valid and definite offer previously made to owner(JIL v. Pasig)5. offer not accepted6. IMMEDIATE POSSESSION ONLY UPON: (a) filing of expropriation

proceedings; (b) make deposit with proper court of at least 15% of

the FMV of the property based on the current tax declaration of theproperty to be expropriated

7. payment of just compensation: to be determined by the court basedon the FMV AT THE TIME OF TAKING OF THE PROPERTY (EPZAv. DULAY)

8. property is private property (Chaves v. PEA foreshore andunderwater lands)

BELUSO V. MUNICIPALITY OF PANAY-Eminent domain, which is the power of a sovereign state to appropriateprivate property to particular uses to promote public welfare, is essentiallylodged in the legislature. While such power may be validly delegated to local

government units, other public entities and public utilities, the exercise ofsuch power by the delegated entities is not absolute. In fact, the scope ofdelegated legislative power is narrower than that of the delegating authorityand such entities may exercise the power to expropriate private property onlywhen authorized by Congress and subjects to its control and restraintsimposed through the law conferring the power or in other legislations. LGUsby themselves have no inherent power of eminent domain. The power of

eminent domain delegated to an LGU is in reality not eminent but inferiorsince it must conform to the limits imposed by the delegation and thuspartakes only of a share in eminent domain. The national legislature is stillthe principal of the LGUs and the latter cannot go against the principals willor modify the same.

LAGCAO V. LABRA (LIMITATIONS): DUE PROCESS

REQUISITES: JIL SCHOOL FOUNDATION V. MUNICIPALITY OF PASIG-The power of eminent domain is exercisable by all LGUs. The requisites forthe valid exercise of that power:1. An ordinance is enacted by the local legislative council authorizing the

local chief executive, in behalf of the local government unit, to exercise thepower of eminent domain or pursue expropriation proceedings over aparticular private property.2. The power of eminent domain is exercised for public use, purpose orwelfare, or for the benefit of the poor and the landless.3. There is payment of just compensation, as required under Section 9,Article III of the Constitution, and other pertinent laws.4. A valid and definite offer has been previously made to the owner of theproperty sought to be expropriated, but said offer was not accepted.

MASIKIP V. CITY OF PASIG-The right to take private property for public purposes necessarily originatesfrom "the necessity" and the taking must be limited to such necessity. Thevery foundation of the right to exercise eminent domain is a genuinenecessity and that necessity must be of a public character.-Morever, the ascertainment of the necessity must precede or accompany,and not follow, the taking of the land. Necessity w/n the rule that theparticular property to be expropriated must be necessary, does not mean anabsolute but only a reasonable or practical necessity, such as wouldcombine the greatest benefit to the public with the least inconvenience andexpense to the condemning party and the property owner consistens withsuch benefit.

EPZA V. DULAY



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIA-Just Compensation: the value of the property at the time of the taking. Itmeans a fair and full equivalentfor the loss sustained. All the facts as to thecondition of the property and its surroundings, its improvements andcapabilities, should be considered.

*NO NEED FOR DAR AUTHORITY IF DOES NOT INVOLVERECLASSIFICATION OF AGRICULTURAL LAND BY

OWNER/BENEFICIARY TENANT: PROVINCE OF CAMARINES SUR V.CA

Section 20: Reclassification of landsSection 21: Closure and Opening of RoadsPermanent closure*by ORDINANCE approved by at least 2/3 of the members of theSanggunian concerned*if necessary, an adequate substitute provided*there should be provisions for maintenance of public safetyIf FREEDOM PARKS: cannot close permanently w/o provision for itstransfer or relocation to a new site

Temporary closure:1. actual emergency2. fiesta celebrations3. public rallies4. agri and industrial fairs5. undertaking of public infrastructure works6. athletic/cultural/civic activities OFFICIALLY SPONSORED,RECOGNIZED OR APPROVED BY LGU concerned7. THROUGH AN ORDINANCE: for bazaars, midnight sales, fleamarketswhere commodities or articles of commerce may be sold anddispensed to the general public.

CABRERA V. CAThe closure of city streets is w/n the powers of the city council while theclosure of provincial roads is w/n powers of provincial board.

BAYAN V. ERMITA ON FREEDOM PARKSNo prior permit may be required for the peoples exercise of their right topeaceably assemble and petition in any public park or plaza of a city ormunicipality until that city or municipality shall have complied with Sec;. 15 ofBP 880 providing for FREEDOM PARKS in every LGU. Advance noticeshowever should be given to LGUs to ensure proper coordination and orderlyproceedings.

Section 22: Corporate Powers

a. POWERS(1) continuous succession in its corporate name(2) sue and be sued(3) have and use a corporate seal(4) acquire and convey real and personal property(5) enter into contracts(6) exercise other corporate powers

b. continue using/modity/change corporate seals register with DILGc. NO CONTRACT CAN BE ENTERED BY LOCAL CHIEF EXECUTIVE INBEHALF OF LGU W/O PRIOR AUTHORIZATION OF SANGGUNIANCONCERNEDd. full autonomy inexercise of proprietary functions and in themanagement of economic enterprisescf: authority to sue and be sued vs. entering into contracts power bylocal chief exec: can sue w/o authorization by sanggunian (CITY OFCALOOCAN V. CA) vs. cannot enter contracts in behalf of sanggunianw/o authorization by sanggunian (but cf: Ordonez v. Gustillo)

MUNICIPALITY OF ECHAGUE V. ABELLERA (FERRIES CASE)

-Municipality has the power to acquire or establish municipal ferries. AdminCode confers to LGUs the power to supervise public utilities and this wasintended to provide additional sources of revenues to the LGUs for themaintenance of their maintenance and operations

Section 23: Authority to Negotiate and Secure GrantsGR: local chief execs + authority given by sanggunian concerned cannegotiate and secure financial grants/donationsin support of basic services or facilitiesfrom local and foreign assistance agenciesW/O CLEARANCE OR APPROVAL OF NATIONAL AGENCIESX: if w/ NATIONAL SECURITY IMPLICATIONS

Section 24: LIABILITY FOR DAMAGESLGUs and local officialsnot exempt from liability if:deathinjurydamage to property*dapat daw with MALICE OR NEGLIGENCE*NOT AUTOMATIC LIABILITY, BUT MERE SUABILITY

MUNICIPALITY OF SAN FERNANDO V. FIRME (in exercise ofgovernmental function CANNOT BE SUED)IN GENERAL



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIAGR: State may not be sued w/o its consent:X: when theres consentExpress Consent: embodied in a general law or a special lawImplied Consent>money claims involving liability arising from contracts>when govt enters into business contracts, thereby descending to the levelof the other contracting party

>when the State files a complaintFOR MUNICIPAL CORPORATIONS:Suable because their charter provided that they can sue and be suedin cases of TORTS,GR: liable if in the discharge of a proprietary capacity

X: not liable if committed in the discharge of governmental functions

CITY OF MANILA V. IAC (in exercise of proprietary function) can besued

GUILATCO V. CITY OF DAGUPAN: LGU would be liable under NCC fordefective roads under its control and supervision in case of death or

injury (prove it is under LGUs control and supervision)

PECHUECO SONS CO V PROVINCIAL BOARD OF ANTIQUE: cannotapply doctrine of estoppel on the municipality to validate a contract

CITY OF MANILA V. TARLAC DEVELOPMENT CORP - The rule is clear,and it is supposed by abundant authority, that a consent decree, in whichthe officials of a municipality assumed obligations not authorized bylaw, is null and void. The fact that, by consent of the municipal officers, anagreement or stipulation made by them has been put in the form of a

judgment, in an effort to give it the force and effect of a judgment, does notcure a lack of power in the officers to make it, and if such power is lacking,the judgment as well as the stipulation is void. An invalid contract is notvalidated by a judgment consented to by the municipality, expresslystipulating that such a contract is valid and binding.

Intergovernmental RelationsSection 25: National supervision over LGUSa. PRESIDENT:*general supervision over LGUSensure that their acts are w/n the scope of their prescribed powersand functions (cf ArtX, Sec4)*supervisory authority(1) DIRECTLY over: provinces, HUCs, ICCs(2) INDIRECTLY

.through PROVINCE: component cities and municipalitiesthrough CITY AND MUNICIPALITY: brgysb. national agencies and offices w/ project implementation functions:coordinate w/ LGUs, ensure participation of LGUs in planning andimplementationc. President may direct appropriate national agencies to provideFINANCIAL/TECHNICAL/OTHER FORMS OF ASSISTANCE to LGUs

upon request, no extra costd. National Agencies (including GOCCs) should furnish monthly reportsto local chief executives concerned

DOCTRINE OF QUALIFIED POLITICAL AGENCY not applicable to localgovernment officials

CARPIO V. EXEC SEC-the President has control of all executive departments, bureaus andoffices- recognizes the establishment of a single executive- all elective and administrative organizations are adjuncts of the Executive

Department, the heads of the various executive departments are assistantsand agents of the Chief Executive, and, except in cases where the ChiefExecutive is required by the Constitution or law to act in person (or) theexigencies of the situation demand that he act personally, the multifariousexecutive and administrative functions of the Chief Executive are performedby and through the executive departments, and the acts of the Secretaries ofsuch departments, performed and promulgated in the regular course ofbusiness are, unless disapproved or reprobated by the Chief Executive

presumptively the acts of the Chief Executive.

*DADOLE V. COA-here, recovnized that Congress exercises power of control over LGUsand President exercises power of supervision over acts of LGUs-President may only interfere in the affairs and activities of a LGU ifhe/she finds that the latter has acted contrary to law

RADIA V. REVIEW COMMITTEELG are not attached to the DILG in the same sense that bureaus andoffices under the DOJ. Provinces and Municipalities are instrumentalities orunits of LG, vested with their own legislative and executive powers under theLGC. So DILG does not have power to decide WON to remove LGUemployee.

*So summary: the Doctrine of Qualified Political Agency recognizesthat there is a single executive, the President, which exercises



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIACONTROL over all executive departments, bureaus and offices. Sincethe president cannot perform all administrative functions of the a ChiefExecutive, all the adjuncts of the Executive Department are deemed asagents of the President through which the President acts. Thepresident, thus, could exercise CONTROL over the acts of his/heragents.HOWEVER, local government units, particularly the local chief

executives, are not covered by the DOCTRINE OF QUALIFIEDPOLITICAL AGENCY the President could only exercise generalsupervision over them. They are territorial and political units vestedwith their own legislative and executive powers, unlike agenciesattached to the Executive Department.

DRILON V. LIM-the exercise of SOJ of reviewing the validity of tax ordinances is amere exercise of supervision by the Executive through the SOJ, as inreview, the SOJ merely determines WON the officials concerned (thesanggunian) performed their functions in accordance with law

Section 26: Duty of National Government Agencies in the Maintenanceof Ecological Balance-national agency/ GOCCauthorizing or involved in planning and implementation of any project orprogram (that may cause deterioration of the environment)-should CONSULT with>LGU>NGO>POCommunity-what:envt and ecological balancemeasures that will be undertaken to minimize the adverse effects

SECTION 27: PRIOR CONSULTATIONS REQUIRED-project by govt authorities (no mention WON national or local project)1. consultation underSeC2: continuing consultationSec26: consultation with LGUs, NGOs, Pos and the Community if it wouldinvolve environmental impact on the community2. PRIOR APPROVAL by Sanggunian concerned3. If it would involve eviction: SHOULD PROVIDE APPROPRIATERELOCATION SITES FIRST

PROVINCE OF RIZAL V. EXEC SECRETARY

Section 27, LGC requires that before a project by government isimplemented, there should be:

1. Consultation in accordance with Sections 2 and 26; and2. Prior approval of the Sanggunian concerned

Section 28: Power of the Local Chief Executives over the Units of thePNP

-operational supervision and control of local chief executives over>PNP>Fire protection units>jail management personnel-governed by DILG Act of 1990

INTERLOCAL GOVERNMENTAL RELATIONSSECTION 29. Provincial Relations with Component Cities andMunicipalitiesProvince(gov): ensure thatevery component city or municipality w/n its territorial jurisdictionacts w/n the scope of its prescribed powers and functions

*HUCs and ICCs: independent of Province (cf: Section 25)

Section 30: Review of Executive OrdersWho reviews executive orders of subordinate local chief executivesGov (province):

- component city mayor- municipal mayor(w/n jurisdiction)

City/Municipal Mayor: Punong Brgy w/n his jurisdiction*copies of orders fwdd to Gov or City/Municipal Mayor w/n 3 days fromissuancereview WON ultra viresif fails to act w/n 30d: deemed consistent w/ law, presumed Valid

CASINO V. CAReview: reconsideration/reexamination for purposes of correctionthe power of review is exercised to determine WON it is necessary tocorrect the acts of the subordinate and to see to it that he performs his dutiesin accordance with law.

Section 31: submission of Municipal Questions to the Provincial LegalOfficer or Prosecutor

Section 32: City and Municipal Supervision over their respectiveBarangays



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIA

Section 33: Cooperative undertakings among Local Government Units-through appropriate ordinances: group themselves, consolidateforpurposes commonly beneficial to all-to contribute funds, real estate, equipments:>approval by Sanggunian concerned>after a public hearing conducted for the purpose

>terms and conditions through a MOA

Relations with Peoples and NGOsSection 34: Role of POs and NGOs-active partners in the pursuit of local autonomy

MAGTAJAS V. PRYCE PRPERTIES CORP INC.Though PAGCOR had the legal authority to open and operate a casinoin CDO (and so the efforts of the civil society were useless in this case),it should re-examine and reevaluate its decision in the light of thevigorous opposition of the people

Section 35: Linkages w/ Pos and NGOs-joint ventures-cooperative arrangements-purpose:>delivery of basic services>capacity building>livelihood projects>develop local enterprises

Section 36: Assistance to Pos and NGOs-through Local chief executives-concurrence of the sanggunian concerned-provide financial assistance

Local Pre-qualifications, Bids and Awards Committee-for the conduct of prequalification of contractors, bidding, evaluationof bids & recommendation of awards concerning localINFRASTRUCTURE PROJECTS-local chief executive = chair of the committee

LOCAL TECHNICAL COMMITTEE: TECHNICALASSISTANCE-composed:*local engineer*local planning and development coordinator*chair designated

Local Government Units

BARANGAY MUNICIPALITY

CITY PROVINCE

Description nisir

conduit fordemocracy

generalpurposegovernment

functionalunit of LGUs

Moreurbanizedand

developedgeneralpurposegovernment

Conduit forLGUs

ROLE Sec384:a. basic

political unit

b. primaryplanning

andimplementingunit

c. forum

Sec 440:generalpurposegovernmentforcoordinationand deliveryof basic,

regular anddirectservices andeffectivegovernanceof theinhabitantsw/n itsterritorial

jurisdiction

Sec 448:generalpurposegovernment(same asMunicipality)

Dynamicmechanismfordevelopmental processesand effectivegovernanceof LGUs w/n

its territorialjurisdiction

MANNER OF

CREATION

See earlier table

OFFICIALS INGENERAL

Sec387:*punongbarangay*7sangguniangBarangaymembers*SK chair*brgysecretary

*brgy

Section 443:*municipalmayor*municipalVmayor*Sangguniang Bayanmembers(MANDATOR

Y

APPOINTIVE

Section 454:*city mayor*vice mayor*SangguniangPanlungsodmembers(MANDATOR

YAPPOINTIVE

OFFICERS)

Section 463:*governor*vice gov*members oftheSangguniangPanlalawigan(MANDATOR

YAPPOINTIVE

OFFICERS)Cha MendozaPage 12 of 12


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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIAtreasurer OFFICERS)

*secretary totheSangguniangBayan*municipaltreasurer

*municipalassessor*municipalaccountant*municipalbudgetofficer*municipalplanning anddevelopmentcoordinator*Municipal

engineer/building official*municipalhealth officer*municipalcivil registrar**heads ofdepts.(subject toconcurrenceof themajority ofallsangguniangbayanmembers +subject tocivil servicelaw, rulesandregulations)(DISCRETIONARYAPPOINTIVEOFFICERS)

*secretary totheSangguniangPanlungsod*citytreasurer*city

assessor*cityaccountant*city budgetofficer*Cityplanning anddevelopmentcoordinator*cityengineer/building official

*city healthofficer*city civilregistrar*cityadministrator*city legalofficer*city vet*city socialwelfare anddevelopmentofficer*city generalservicesofficer*heads ofdepts.(subject toconcurrenceof themajority ofallsangguniang

*secretary totheSangguniangPanlalawigan*provincialtreasurer*provincial

assessor*provincialaccountant*provincialengineer*provincialbudgetofficer*provincialplanning anddevelopmentcoordinator

*provinciallegal officer!*provincialadministrator*provincialhealth officer*provincialsocialwelfare anddevelopmentofficer*provincialgeneralservicesofficer*provincialagriculturist*provincialvet

(DISCRETIONARYAPPOINTIVEOFFICERS)*provincial

*municipaladministrator*municipallegal officer*municipalagriculturist

*municipalenvironmentand naturalresources*municipalarchitect*municipalinformationofficer

bayanmembers +subject tocivil servicelaw, rulesandregulations)

(DISCRETIONARYAPPOINTIVEOFFICERS)*cityarchitect*cityinformationofficer*cityagriculturist*city

populationofficerCityenvironmentand naturalresourcesofficer*citycooperativeofficer

populationofficer*provincialnaturalresourcesandenvironment

officer*provincialcooperativeofficer*provincialarchitect*provincialinformationofficer

ChiefExecutivePowers

TMTM

BARANGAYSangguniang Kabataan423: Creation and Election-Composition:1. SK Chair (elected)2.. 7 members3. secretary4. treasurer-QUALIFICATIONS: 15 to 18 (on the day of election)



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIAKatipunan ng Kabataan-all citizens of the Philippinesactually residing in the barangay for at least 6 months15 but less than 18y.o. ON THE DAY OF THE ELECTIONduly registered in the list of SK/in the official barangay list in thecustody of the barangay secretary

REYES V. FERRER-KB (former KK) still exists as an entity as shown by MC 87-18 ofMinistry of Local Government

ALUNAN V. MIRASOL-elections for SK officers are not subject to the supervision ofCOMELEC in the same way that contests involving SK officials do notfall w/n the jurisdiction of COMELEC (SK elections not covered byOMNIBUS ELECTIONS CODE)

GARVIDA v. SALES-Less than 18y.o.a = not over 18, not beyond 18: 18 y x 365 d

MUNICIPALITYSec442: Requisites for Creation(d) municipalities de jureMUNICIPALITY OF CANDIJAY V. CA-subsequent govt acts point to states recognition of municipalitycreated under a void EO of its continued existence as municipality Defacto municipal corp?-defect was cured by Section 442(d) of LGC: provides that if municipaldistrictorganized pursuant to Presidential issuances/Eoshave respective set of elective municipal officials holding office at thetime of effectivity of this Code= considered REGULAR municipalities

Sec444: powers of Chief Executive(1) general supervision and control of all municipal programs,

projects, services and activities(2) enforces all laws and ordinances, and implements all municipal

programs, projects, services and activities

(3) initiates and maximizes the generation of resources andrevenues and applies them to the priorities

(4) ensures the delivery of basic services(5) exercises such powers and performs such duties as may be

prescribed by law or ordinance

OLIVARES V. SANDIGANBAYANPower to issue permits and licenses for holding activities for anycharitable or welfare purpose expressly provided by LGC

MUNEZ V. ARINO-mayors no longer allowed to issue warrants, determine probable cause

ORDONEZ V. GUSTILLO-as the Mayor represents the municipality in its business transactions,signs on its behalf all contracts and official documents made inaccordance w/ law/ordinance, directs the formulation of municipal devtplans and programs which upon approval by the Sangguniang Bayan,he will execute and implement, there was no need for a new authority tosign it. (so may prior approval na, no need for another approval!) cfSec22

LOPEZ V. CSC-if the City Charter designates the Sanggunian to appoint employees ofthe City council (but it is generally vested with the MAYOR), special lawprevails over general law so MAYOR DOES NOT HAVE POWER TOAPPOINT in this case

STO DOMINGO V. ORDONEZ-the local chief executive who appoints a local officer ALSO HAS THEPOWER TO REMOVE SAID OFFICIAL in accordance with thedisciplinary jurisdiction of the Mayor

LAGANAPAN V. ASEDILLO-the exercise of the power of discipline must be done in accordancewith law

NESSIA V. FERMIN-mayor may be held liable for damages for official inaction, whichbrings to standstill the administrative process and the public is left inthe darkness of uncertainty

ACEBEDO OPTICAL COMPANY V. CA business permit (not license)-while a business may be regulated, such regulation must, however, bew/n the bounds of reason

Sangguniang Bayan: Powers, Duties basically legislative powers ofCongress delegated to local legislative bodies



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIAMUNICIPALITY OF MALOLOS V. LIBANGANG MALOLOS INC nolonger controllingIt is the municipal mayor, w/ authorization of the Sangguniang Bayanthat has primary power to issue licenses for operation of ordinarycockpits. (NOW, NO SUPERVISION ON THE PART OF THE PHILIPPINEGAMEFOWL COMMISSION)

LTO V. CITY OF BUTUANPowers of LTO and LFTRB unaffected by LGC. Under LGC, somefunctions of DOTC were transferred to LGUs-LGUs now have power to regulate operation of trike for hireand to grant franchises for operation of tricycles.SUBJECT TO THE GUIDELINES IMPOSED BY DOTC

MUNICIPALITY OF SAN JUAN V. CA-Municipality is be liable for unclosed manholes made in connectionwith laying gas, water, sewer and other pipes w/n its territorial

jurisdiction-so STRICT LIABILITY UNDER NCC AUTOMATIC IF THE EXCAVATIONW/C CAUSED THE INJURY IS RELATED TO THESE PIPELAYINGACTIVITES

*~*~*~*CITY v. MUNICIPALITY-both general-purpose government-CITY: more urbanized and developedbarangays vs. MUNICIPALITY: justbarangay*but there are a few differences in services rendered(See Sec17)*IRA allocated differently for Cities and Municipalities

MUNICIPALITY/CITY v. BARANGAYSIZE: Barangay smaller, CITY/MUNICIPALITY: composed of severalbarangays (at least 2)PURPOSE: Barangay is the conduit for democracy (primary planning andimplementing unit/forum); CITY/MUNICIPALITY: General purposegovernmentMUNICIPALITY/CITY v.PROVINCEProvince: Conduit for LGUs services*Dynamic? look at the big picture, long-term viewWHY CITY/MUNICIPALITY charged with delivery of services? Why not makebarangay general purpose government? Why not PROVINCE?1. size2. scale3. costs

*City and municipality general purpose government because its levelwherein it is most cost-effective to deliver services*Province/national level too large-scale; difficult to track worke.g. Solid Waste Management

*~*~*~*~*

THE CITYOn requisites for creationMariano, Jr. v. Comelec, 242 SCRA 211 (1995)Mete and bound requirement MANDATORY BUT this is an exceptional case.Congress has refrained from using the metes and bounds descriptions ofland areas of other LGU with unsettled boundary disputes (not anexemption!)

Plebiscite rule

HOW IS CITY CREATED: By Act of Congress+ plebiscite w/n120d by votes cast in by those directly affected

*can a city be made from 2 municipalities? YES, by act of congress*IF municipality converted to an independent component city, should thewhole province vote? YES. Whole province directly affected!If city not an ICC: not necessary to include whole province

REQUISITES:*are these requirements absolute? Can congress make a city which does notfollow the requisites in LGC?

League of Cities v. COMELECF: 16 cities created, not complying with the income criteria for cities in theLGCH: Black-letter law justification: The creation of local government units mustfollow the criteria established in the Local Government Code and not in anyother law. There is only one Local Government Code. The Constitutionrequires Congress to stipulate in the Local Government Code all the criterianecessary for the creation of a city, including the conversion of a municipalityinto a city. Congress cannot write such criteria in any other law, like theCityhood Laws. Therefore, Congress cannot make cities which does notcomply with the criteria in LGC!-on EPC violation: There is no substantial difference between the pendingcities of the 11th Congress and the other cities which were not yet pending



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIA-why did the League opposed these cityhood bills: their share in the IRAwould be diminished! (which is SO WRONG as the purpose of LGC is tomake these LGUs independent from the National Government!)-What should have the congress have done to make these municipalities ascities:>amend the LGC first>amend the IRA law: Review the incentives!

Section 451: classification of citiesCLASSIFICATION OF CITIES (3)Why classification? Whats the significance: if the city wants to become partof a province or not

INDEPENDENT COMPONENT CITIES:-component cities-charters prohibit their voters from voting for provincial elective officials-independent of the province-ICC may be declared as such by Congress! Congress has a choice!

HIGHLY URBANIZED CITIES-min population of 200k inhabitants AND-latest annual income of at least P50M amended so now P100M-also not entitled to vote for elective provincial officials*has right to have a representative in congress? Minimum requirements forelectorate?-automatically proclaimed a highly urbanized city once it vs. ICC (notautomatically proclaimed)

COMPONENT CITIES-did not meet the requirements for highly urbanized cities-allow their voters to participate in the election of provincial officials andwhose annual income or population does not qualify them to be highlyurbanized

Officials of city governmentMama, Jr. v. CA, 196 SCRA 489 (1991)-It is within the legal competence of the City Council of Ozamis, in theexercise of its sound discretion, to create such other offices as may benecessary to carry out the purposes of the city government or consolidate thefunctions of any one of such offices with another in the interest of efficiencyand economy.-It may also create, consolidate, and reorganize city offices and positionswholly supported by local funds

-The City Council has no obligation to keep a useless office of a position thatis neither needed nor in the public interest by reason of, as in this case,financial losses and incapacity to render adequate public services

Powers of chief executivesSocial Justice Society (SJS), Cabigao and Tumbokon v. Atienza, 7 March 2007It is the duty of the Mayor to enforce all laws and ordinances relative to the

governance of the city, pursuant to Sec 455 (b)(2) of LGC. It is a ministerialduty.Ordinance enacted pursuant to the police power delegated to LGUs, aprinciple described as the power inherent in a government to enact laws,within constitutional limits, to promote the order, safety, health, morals andgeneral welfare of the society. Sanggunian has power to reclassify landswithin the jurisdiction of the city.

Sir was included in this case: SJS wanted Mayor Atienza to enforce theOrdinanceIn the Philippines, a lot of our oil are imported. Pandacan was set aside asthe oil base for Manila. But since we were not strict for land use (residentialarea first, but converted to industrial area with the construction of the oildepot, then with the ordinance, converted to commercial). 9-11 was anopportunity for LGU to have the oil depot to leave. Spot zoning should notbe allowed! (SIR) Zoning is the power of the Sangguian. Now the oil depotsare faced with the problem of relocation. This case shows that land use is apowerful power which should be exercised rationally.

SIR: Why should we change LGC when we have not yet maximized thepotentials of the LGUs

GORDON V. VERIDIANO-the power to issue licenses includes the power to revoke it, but thelatter is limited by the authority to grant license: can only revokelicense if theres a violation of the condition for granting of that license.If license granted by authority of another body (i.e. a national agency),then it may only be revoked when theres a violation of the guidelinesof that other authority

CITY OF CALOOCAN V. CA-mayor has the authority to file suits for recovery of funds andproperty on behalf of the city, even w/o prior authorization fromsanggunian

APPOINTIVE LOCAL OFFICIALS COMMON TO ALL MUNICIPALITIES,CITIES AND PROVINCES



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIAMandatory vs. OptionalMandatory: required: the LGU has the duty to appointOptional: its the choice of the appointing official to appoint it

Pattern: Determine WON the function/duty performed is crucial to thedelivery of the basic services or to the operation of the local government ACCOUNTABILITY OF LGUS

Mandatory positions1. Sanggunian Secretary2. Treasurer3. Assessor4. Accountant5. Budget Officer6. Engineer7. Planning and Development Coordinator8. Health Officer9. Legal Officer, also optional10. Civil Registrar11. Administrator, also optional12. Agriculturist13. Social Welfare and Development Officer

OptionalAsst. TreasurerLegal OfficerAsst. AssessorAdministratorAgriculturistSocial Welfare and Development OfficerSENRO

Who appoints generally: head of local governmentSubject to confirmation:

*first level civil service eligible? highest or basic level?

ROLE of CIVIL SERVICE COMMISSION: Power to check if the appointeesare qualified for the positions they cannot appoint or change theappointment-what if there is a violation of the Civil Service Law: then the CSC has thepower to remove the appointed official disapprove the appointment

Usual qualifications

(1) he is a citizen of the Philippines(2) a resident of the local government unit concerned(3) of good moral character(4) a holder of a college degree preferably in (course concerned) from a

recognized college or university, and(5) a first grade civil service eligible or its equivalent.(6) He must have acquired experience (relevant field) for at least

five (5) years in the case of the city or provincial appointive official, andthree (3) years in the case of the municipal appointive official

*Treasurer and Asst. Treasurer: appointed by SOF

Basic job descriptionAssessor: real property valuesAccountant: internal auditor of the LGUTreasuer: collection of local taxesBudget Officer: allocation of budget

CasesOn treasurerMacalincag v. Chang, 208 SCRA 413 (1992)Municipal treasurer was under the DOF as provided in Section 3 of PD 477(SABI NI PIMENTEL). SOF is proper disciplining authority to issue preventivesuspension order. Mayor/Gov may still exercise power to investigate erringlocal officials pursuant to Sections 444(x), 455(x) and 456 (x) of LGC.-HISTORY OF POWER TO APPOINT TREASURER: before (PD 477)Provincial Treasurers and Assessors appoint municipal treasurers. Thenpower to appoint transferred to SOF (PD 921). Chang argues that the powerto discipline him should be vested on the President who he alleges thatunder EO 392 had the power to appoint him. However, under the CivilService Law, the heads of the departments have the power to discipline andPD 477 provides that SOF has disciplinary supervision over municipaltreasurers.-as re: replacement required: Both the CIVIL SERVICE LAW and the thenLGC does not require a replacement to be appointed first before thepreventive suspension would be effective. OLD LGC even provides that inthe case of temporary disability of the treasurer, the assistant treasurer wouldautomatically take-over his position. PREVENTIVE SUSPENSIONEFFECTIVE UPON CHANGS RECEIPT THEREOF

On Budget OfficerLira v. CSC, Jaranilla, 144 SCRA 541 (1986)-PD 1375 transferred the local budget administration from the Ministry ofFinance to the Ministry of Budget. Liras position as part of the Office of the



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIAMayor is but a budget policy-determining arm of the local chief executive,otherwise it would be performing same functions as the Local Budget Staff ofthe City Treasurers Office. PD 1375 created the new position of City BudgetOfficer as a result of the transfer and since its a new position, its open toALL QUALIFIED!-QUALIFICATIONS: 3yrexperience in treasury service or equivalent inbudgeting or in any related field + minimum qualification requirements,

subject to Civil Service Law and approval of Commissioner of Budget. LocalChief Executives discretion and prerogative in his choice of appointee to anew office is limited: should consider only those who are qualified andeligible.-Liras appointment was not done pursuant to Local Budget Circular No. 8which requires that if a Local Budget Officer be appointed before June 19,1980, the said officer should be issued a new appointment to the position.Lira was not issued a new appointment, nor was her appointment approvedby the Minister of Budget.-Jaranilla has more experience: 6 years budgeting work vs. 2 years in Lirascase. Court, CSC found her more qualified than Lira

On EngineerGenoblazo v. CA, 174 SCRA 124 (1989)Manila City Engineer was authorized to issue a demolition order on hisfinding that the disputed structures are dangerous and structures within themeaning of the National Building Code (dangerous or ruinous).

Patagoc v. CSC, 185 SCRA 411 (1990)-CSC cannot disapprove the appointment made by the City Mayor when theappointed official is qualified. The power of appointment is essentiallydiscretionary and the Commission cannot substitute its judgment for that ofthe appointment power. CSC under PD 807 may only approve ordisapprove the appointment after determining WON the appointeepossesses the appropriate civil service eligibility or the requiredqualifications. It cannot order or direct the appointment of a successfulprotestant.-Both Patagoc and the Incumbent Asst. City Engineer were qualified.PIMENTEL: Requirement under OLD LGC that City Engineer must havebeen an Asst. City Engineer or has engaged in the practice of his professionfor at least 5 years NO LONGER CONTROLLING

On Health OfficerAlba v. Perez, 154 SCRA 225 (1987)Dr. Perez is a national government employee, thus entitled to the salaryincrease. He is included among the national officials performing municipalfunctions under the direct control of the Health Minister and not the city

mayor. Provincial and city health officers are all considered nationalgovernment officials irrespective of source of funds for their salary becausepreservation of health is a national service.PIMENTEL: Not controlling anymore. LGC makes Local Health Officers localofficials.

Pandi v. CA, 380 SCRA 436 (2002) * IPHO-APGH: Integrated Provincial

Health Officer-Amai Pakpak General Hospital-Governor Mutilan of Lanao had no authority to appoint Saber as OIC IPHO-APGH since at the time he made the appointment, IPHO-APGH was stillunder national government, officials paid from national funds entirely. Sabersappointment VOID.-Section 478, LGC: not a grant of powers to governors and mayors to appointlocal health officers but simply a directive that those empowered to appointlocal health officers are mandated to do so (so DUTY, NOT POWER)-Designation made by Macacua after EO 133 valid.-After EO 133, the ARMM Local Code was passed. Under the ARMM LocalCode, the provincial health officer was converted from a regional governmentofficial to a provincial official, and thus is under the general supervision andcontrol of the Provincial Governor and not of the Regional Secretary ofHealth. It is only after the ARMM Code that Governor Mutilan could havevalidly appointed Saber as OIC IPHO-APGH.

On Legal OfficerGrio v. CSC, 194 SCRA 458 (1991) legal officer as a confidentialofficerQuoting Cadiente v. Santos, a city legal officer is one requiring that utmostconfidence on the part of the mayor. The relationship existing between alawyer and his client, whether a private individual or a public officer, is onethat depends on the highest degree of trust that the latter entertains for thecounsel selected. Being a primarily confidential, the Provincial Atty.sservices can be terminated based on loss of confidence and trust.-As regards the staff: legal work involved can be delegated. They do notoccupy primarily confidential positions, instead, they occupy positions thatare remote from the appointing authority and are subject to the supervisionand control of the legal officer, who can ensure that the judiciary dutiesinherent in the attorney-client relationship are observed. Accordingly, theyenjoy security of tenure as mandated by the Civil Service Law.

Ramos v. CA, 269 SCRA 34 (1997)GR: Only the provincial fiscal, provincial attorney and municipal attorneyshould represent a municipality in its lawsuits. Only accountable publicofficers may act for and in behalf of public entities and that public fundsshould not be expended to hire private lawyers.



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIAX: 1. when the municipality is an adverse party in a case involving theprovincial government or another municipality or city within the province;2. if and when the provincial fiscal is disqualified to represent in court aparticular municipality;3. when the original jurisdiction of a case involving the municipality is vestedin the Supreme Court4. in a case involving the municipality, he or his wife, or child is pecuniary

involved as heir, legatee, creditor or otherwise.

OTHER PROVISIONS APPLICABLE TO LGUs

Chapter 1 Settlement of Boundary DisputeSECTION 118. Jurisdictional Responsibility for Settlement of Boundary

Dispute.GR: settle amicablyX: if not able to settle amicably, refer for settlement to Sanggunian concerned(a) bet 2+ Brgys in the same city or municipality: Sangguniang

Panlungsod/Bayan concerned(b) bet 2+ municipalities w/n same province: Sangguniang Panlalawigan(c) bet municipalities/component cities of DIFFERENT PROVINCES: jointly

to Sangguinang Panlalawigans(d) component city/municipality vs. HUC0r bet 2+ HUCsjointly referred to the respective sanggunians(e) if FAILED TO EFFECT AMICABLE SETTLEMENT W/N 60D FROM

DATE DISPUTE WAS REFERRED: ISSUE CERTIFICATEthen formally tried by sanggunian concerned, decide w/n 60d from date of

certificationSection 119: Appeal-elevate decision of Sanggunian to proper RTC-jurisdiction determined by location of area in dispute-RTC decide w/n 1yr fr filing*status quo maintained pending dispute

Local Initiative & ReferendumSec 120: Local Initiative Defined-legal process whereby the registered voters of a LGUmay directly propose, enact or amend any ordinance*a form of DIRECT INITIATIVE: the voters themselves start thelegislative process for the enactment, amendment, or repeal of anordinance or resolution in the absence of positive action of thesanggunianINDIRECT INITIATIVE: voters want a piece of legislation or an ordinanceor resolution enacted, amended, or repealed but they do not do so

directly; they course their action through their elected representativesin the national legislature*may cover all sorts of measures as long as these are w/n thecompetence of the sanggunian to enact

Sec121: Who may Exercise Initiative and Referendum-all registered voters of the PCMB

Sec122: Procedure in Local Initiative(a) petition filed w/ Sanggunian proposing the adoption, enactment,

repeal, or amendment of an ordinance by1k registered voters: Provinces and cities.100 registered voters: Brgys

(b) no favorable action w/n 30d from presentation: proponents(through duly authorized and registered reps) invoke power ofinitiative give notice to Sanggunian concerned

(c) proposition NUMBERED SERIALLY STARTING FROM ROMANNUMERAL I. COMELEC extend assistance

(d) 2+ propositions may be submitted in an initiatie

(e) Collect number of signatures:*period (counted from NOTICE to Sanggunian):-90d: provinces and cities-60d: municipalities-30d: Brgys*may designate stations for collecting signatures: in a public placein the LGU*whose presence required:-election registrar/rep-rep of proponent-rep of Sanggunian concerned

(f) CERTIFICATION of number of obtained signatures: after lapse of

periods provideddetermine WON required signatures obtainedif failed to obtain the required number of signatures: wala na

(g) If obtained: COMELEC set a date for the initiative (propositionshall be submitted to the registered voters of the LGUconcerned for their approval)

*period: w/n ___days from date of CERTIFICATION-60d: provinces and cities-45d: municipalities-30d: brgysresults certified and proclaimed by COMELEC

Sec 123: Effectivity of Local Propositions



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIA-approved by a MAJORITY OF THE VOTES CASTtake effect 15d after COMELEC Certification

Sec 124: Limitations on local Initiatives(a) only 1x per year(b) subject: those w/n legal powers of Sanggunians to enact(c)if Sanggunian adopts the proposition before initiative held, localchief exec approves the same: Initiative cancelledbut those against such action may still apply for initiative

Sec125: Limits upon Sanggunians-CANNOT repeal, modify or amend proposition/ordinance approvedthrough initiative w/n 6m from date of approval; can only do so 3yAFTER by a vote of 3/4 of all members (18m for brgys)

Sec126: Local Referendum Defined-legal process whereby the registered voters of the LGU may approve,amend, or reject any ordinance enacted by the Sanggunian-held under CONTROL AND DIRECTION OF COMELEC w/n*60d: Provinces and cities*45d: municipalities*30d: brgys-COMELEC certifies and proclaims results

Sec127: proposition approved pursuant to an initiative/referendum maybe declared null and void by the proper courtsGrounds:1. violation of COnsti2. want of capacity of Sanggunian concerned to enact measure

Subic Bay Metropolitan Authority v. Comelec, 262 SCRA 492 (1996):In enacting the Initiative and Referendum Act, Congress differentiated oneterm from the other, thus:

Initiative Referendum

-Power of the people to proposeamendments to the Constitution or topropose and enact legislations through anelection called for the purpose-Indirect initiative: exercise of initiative by thepeople through a proposition sent toCongress or the local legislative body foraction

-power of the electorate toapprove or reject a legislationthrough an election called forthe purpose.

-3 systems of initiative:1. Initiative on the Constitution: petition

-2 classes:1. Referendum on statutes:

proposing amendments to the Constitution2. Initiative on Statutes: petition proposing toenact a national legislation3. Initiative on local legislation: petitionproposing to enact aregional/provincial/city/municipal/barangaylaw, resolution or ordinance

petition to approve or rejectan act/law, or part thereof,passed by Congress2. Referendum on local law:petition to approve or reject alaw/resolution/ordinanceenacted by regional

assemblies and locallegislative bodies

-resorted to by the people directly eitherbecause the lawmaking body fails or refusesto enact the law/ordinance/resolution/act thatthey desire or because they want to amendor modify one already existing.

-the lawmaking body submitsto the registered voters of itsterritorial jurisdiction, forapproval or rejection, anyordinance or resolution whichis duly enacted or approvedby such lawmaking authority

PEOPLE AND STRUCTURES IN THE LOCAL GOVERNMENT

ELECTIVE OFFICIALSQualifications and ElectionSection 39. QualificationsGeneral Requirements(a) citizen of the Philippines (regardless if natural born or naturalized CO v ELECTORAL TRIBUNAL OF THE HOUSE)(b) registered voter in the LGU (if exec) or district (if Sanggunian)(c) resident therein for at least 1 yr immediately preceding the day ofthe electionABELLA V. COMELEC, SUPRA:difference between place of work vs. placeof domicile: domicile (where the person ultimately wants to reside, intent toreturn) vs. place of work; residence = domicile` - IMPORTANT UNG ANIMUSREVERTENDIDUMPIT-MICHELENA V. BOADO: to successfully effect a change ofdomicile, there must be a clear and positive proof of concurrence of theff: (1) an actual removal or an actual change of domicile; (2) a bona fideintention of abandoning the former place of residence and establishinga new one; (3) acts which correspond w/ the purpose.(d) able to read and write Filipino or any other local language or dialect

(e) AGE REQUIREMENT: at least*23 y.o. on election day: GOV/VICE GOV/mem of Sangguniang

Panlalawigan (PROVINCE) or MAYOR/Vmayor/member ofSangguniang Panglungsod (HUC)



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIA*21 y.o. on election day: MAYOR/VMAYOR of ICCs, Component cities

and municipalities*18y.o. on election day: mem of Sangguniang Panglungsod (ICC,

Component cities)/bayan (component municipality)*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:

Sangguniang Kabataan

Section 40. Disqualification

a. sentencedby FINAL JUDGMENT for an offenseinvolving moral turpitudepunishable by 1 year or more of imprisonment.w/n 2yrs after serving sentenceMORENO V. COMELEC: if under probation, not serving sentenceanymore and restored to all civil rights lost or suspended as aresult of convictionb. removed from office as a result of an administrative case

c. convictedby final judgment for violating the oath of allegiance of

the Republic a person simultaneously owes, by some positiveact, loyaltyto 2+ states

MERCADO V. MANZANO: Dual citizenship vs. dual allegiance (seecorresponding items for def)

d. those w/dual citizenship* - w/ concurrent application of the differentlaws of 2 or more states, the person is simultaneously a nationalbythe said states

*In Citizenship Retention and Re-acquisition Act of 2003 (DUALCITIZENSHIP LAW), a natural-born citizen who lost PhilippineCitizenship by naturalization of a foreign country should: (1) take oath;(2) make a personal and sworn renunciation of any and all foreigncitizenship; (3) should not be occupying a public office abroad ; and/or

(4) not in active service as commissioned/non-commissioned officerse. fugitives from justice: criminal/nonpolitical cases here/abroad:

includes not only those who flee after conviction to avoid punishmentbut likewise those who, after being charged, flee to avoidprosecution. ESTABLISH INTENT TO EVADE (RODRIGUEZ V.COMELEC)

f. permanent residents of a foreign countryhave acquired right to reside abroad + continue to avail the same rightafter the effectivity of this Codeg. insane or feebleminded

GREGO V COMELEC: no provision for retroactive application

is it a lifetime ban for local office the fact that you have beenadministratively removed you are disqualified? It seems so under Section 40(b). understood to be removal FORCAUSEBRY SJ: seems unfair that one cannot run for being removed through anadministrative case but those sentenced by final judgment for criminalconviction can run again if pardoned unconditionallyMarge: under B, the lawmakers may have thought that these persons werealready given the opportunity to work for the government but did not performwell

Section 41: Manner of Election(a) AT LARGE/THROUGHOUT THE TERRITORIAL JURISDICITON OF

THE LGU CONCERNED*Gov/vgov: entire province*mayor/vmayor: entire city/municipality*punong brgy: entire brgy

(b) BY DISTRICT: regular mems of the various sanggunians

(c) BY BARANGAY: mems of Sangguniang Brgy(d) BY LEAGUE: presidents of the leagues

(e) BY SECTOR: reps of*women*workers*other sectors as determined by the Sanggunian concerned

*DE GUIA V COMELEC: why by district for Sangguian mems: to reduce thenumber of positions to be voted for and ensure the efficiency of electoralprocesses

Section 42: Date of Elections-every 3 yrs-on 2nd Monday of May

Section 43: Term of Officea. FOR ALL LOCAL ELECTIVE OFFICIALS: 3yrs

b. NO SERVICE FOR MORE THAN 3 CONSECUTIVE TERMS in thesame position

voluntary renunciation of office for any length of time: notconsidered as an interruption in the continuity of service for the fullterm for the elective official concerned was electedc. BRGY OFFICIALS AND SK MEMS: 3 YEARS

Cf: Art X, Sec8



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIABORJA V. COMELEC: not enough that SERVED 3 consecutive terms;should also have been ELECTED to the same position for the samenumber of times (so if only succeeded the office, not applicable)*Sa president and VP, if VP continues the term for more than 2 years, thenhe cannot run for President. 4 years and above considered a full term.

ONG V ALLEGRE: for the 3-term limit for elective local officials toapply, 2 conditions or requisites must concur:

(1) the official concerned has been elected for 3 consecutive termsto the same local government post

(2) he has FULLY SERVED 3 consecutive terms.-SERVICE NOT FULL when involuntary interruption/break in continuityof service-BUT: considered full term if declared loser in a mayoralty electoralprotest

OSMENA V. COMELEC: the legislature cannot extend the term of officeby providing that they shall hold over until their successors are electedand qualified

DIMAPORO V. MITRA: term vs. tenureTERM: may not be extended or shortened by the legislatureTENURE: period during w/c an officer holds the office may be affectedby circumstances w/n or beyond the power of said officer* in this case, once a Congressman files for candidacy to anotherposition when his TERM is not yet completed (so his tenure was just forthe period w/n w/c he was a congressman), he is deemed to havevoluntarily cut short his tenure. His term may be continued by anotherperson

*in practice, can run again after 3 consecutive terms after lapse of 1 year*policy wise, its a term limits are bad ideas:

Reason: family dynasties discouraged, long-term totalitarian rule BUTOPPOSITE HAPPENS!if people wants their local government officials, let the official govern themlong term planning difficult with term limits*if Vice mayor becomes a mayor when mayor dies, is that considered aterm?

Vacancies and SuccessionSection 44: Permanent Vacancies in the Office of the Governor (localchief execs)PERMANENT VACANCY:when an ELECTIVE LOCAL OFFICIAL

1. fills a HIGHER VACANT OFFICE2. refuses to assume office3. fails to qualify4. dies5. removed from office6. voluntarily resigns/otherwise7. permanently incapacitated to discharge the functions of his

officeIF PERMANENT VACANCY OCCURS IN THE OFFICE OF*Gov/Mayor: VICE gov/mayor becomes gov/mayor*gov and vice gov/mayor and vice mayor: highest ranking sanggunianmember/second highest ranking (in case of permanent inability)subsequent vacancies: filled automatically by other sanggunianmems ACCORDING TO RANKING*PUNONG BRGY: highest ranking sanggunian barangay mem.IN CASE OF TIE: draw lots!Successors: serve only the unexpired terms of their predecessorsRanking: determined on basis of proportion of votes obtained by eachwinning candidate to the total number of voters in each district in theimmediately preceding local election

MENZON V. PETILLA:VACANCY: when there is no person lawfully authorized to assume andexercise at present the duties of the office-in case oftemporary vacancy in the VICE POSITION, and the code issilent, THE PRESIDENT, THROUGH DILG SEC may appoint thetemporary replacement*QUESTION: is this still applicable, when the code states that in case ofvacancy in the VICE position, the highest ranking sanggunian memwould become vice??? GOVS OF THE PHILIPPINES V. PIMENTEL: NOTAPPLICABLE ANYMORE. These cases were ruled during the time ofAQUINO where there was no CONSTI yet and the DILG sec may appoint

officials who would support the presidentNOW, THERE ISAUTOMATIC SUCCESSION

QUESTION: what if theres a permanent vacancy in the sanggunian, ascaused by the permanent vacancy in the local executiveseto na:

Section 45: Permanent Vacancies in the Sanggunian-applies when 44 does not apply (no more sanggunian member thatcould fill up the spot vacant)-permanent vacancy filled by APPOINTMENT of:a. PRESIDENT (THROUGH EXEC SEC note: notDILG sec):Sangguniang Panlalawigan



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIA.Sangguniang Panlungsod of HUCs Sangguniang Panlungsod of ICCsb. GOVERNOR:.Sangguniang Panlungsod of component cities.Sangguniang Bayanc. CITY/MUNICIPAL MAYOR:sangguniang Brgy, upon recommendation of Sangguniang BrgyConcernedON RECOMMENDEES/NOMINEESGR: nominated by the political party under w/c the sanggunian memconcerned had been elected and whose elevation to the next higherposition created the last vacancyTERM: serve the unexpired termREQUISITES:(1) nomination(2) certificate of membership of the appointee from the highest officialof the political party concernedX:

1. sangguniang brgy vacancy: recommendation of SangguniangBrgy concerned

2. if sanggunian member DOES NOT BELONG TO ANY POLITICALPARTY: recommendation of sanggunian concerned, Appointedby LOCAL CHIEF EXECUTIVE (same as those above: FARINASv. BARBA)

3. when vacancy in the REPS: automatically filled by the officialnex in rank of the org concerned:

a. youth

b. brgy rep to the sanggunian of a municipality, city or province

Section 46: TEMPORARY VACANCY in the OFFICE OF THE LOCAL CHIEFEXEC

a. FOR GOV/CITY OR MUNICIPAL MAYOR/PUNONG BRGY:-temporarily incapacitated to perform his duties for physical/legalreasons:*LOA*travel abroad*suspension from officeVICE or highest ranking Sangguniang Brgy mem in case ofPUNONG BRGY shall AUTOMATICALLY EXERCISEGR: POWERS AND PERFORM DUTIES AND FUNCTIONS OF THELOCAL CHIEF EXECX: power to*appoint

*suspend

*dismiss employeescan only exercise 3 if temporary incapacity EXCEEDS 30dTERMINATION OF TEMPORARY INCAPACITY

1. submission to appropriate sanggunian of a writtendeclaration by the local chief exec concerned that hehas reported back to office

2. LEGAL CAUSES: submission of necessary docsshowing that the legal cause no longer exist

if absence caused by TRAVEL w/n country but OUTSIDETERRITORIAL JURISDICTION for less than or equal to 3d: designate inwriting OICOIC: anyone-authorization should specify powers, duties, functions-if no authorization/designation given + if absent for MORE THAN 3days: vice gov/ city/municipal mayor/ highest ranking SanggunianBarangay mem may assume powers of local chief exec

Sec 47: LOAsBy whom, who approves:

a. GOV/mayor of HUC/ mayor of ICC: presidentb. Vice gov/ vice mayor: local chief exec concernedc. Sanggunian mems: vice concernedd. Component city/municipality mayor: gove. Punong brgys: city/municipal mayorf. Sanggunian brgy mems: punong brgy

if application for LOA not acted upon w/n 5 working days fromreceipt: deemed approved

Local LegislationSECTION 48. Local Legislative Power. - Local legislative power shall be

exercised bythe Sangguniang Panlalawigan for the province;

the Sangguniang Panlungsod for the city;the Sangguniang bayan for the municipality; andthe Sangguniang Barangay for the Barangay.

SECTION 49. Presiding Officer.vice-governor: Sangguniang Panlalawigan;city vice-mayor: Sangguniang Panlungsod;municipal vice-mayor: Sangguniang bayan;Punong Barangay: Sangguniang Barangay.The presiding officer shall vote only to break a tie.*if absent: temporary presiding officer among themselves: if they constitute a

quorum + only among those present



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIA

SECTION 50. Internal Rules of Procedure.RULES of procedureadopted, update on 1st regular session w/n90d afterCONTENTS1. Organization, standing committees, jurisdiction of each committee,

election of chair2. order and calendar of business3. legislative process4. conduct of members during sessions5. discipline of membersfor DISORDERLY BEHAVIOR.ABSENCES W/O JUSTIFIABEL CAUSE FOR 4 CONSECUTIVE

SESSIONSCONVICTION by FINAL judgment to imprisonment of at least 1 yr:

AUTOMATIC EXPULSION

SECTION 51. Full Disclosure of Financial and Business Interests ofSanggunian Members.

SECTION 52. Sessions.Min # of regular sessions:1/week: Sangguniang Panlalawig

Documents

Finals Reviewer Locgov