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LGC - Codal provision

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Local Government Code of the Philippines - Codal provision

Text of LGC - Codal provision

LOCAL GOVERNMENT LAWPART I GENERAL PRINCIPLESA. Corporation 1. Definition An artificial being created by operation of law, having the right of succession and the powers, attributes and properties expressly authorized by law or incident to its existence 2. Classification Classification of corporations according to purpose: a. Public is a corporation that is created by the state, either by general or special act, for purposes of administration of local government or rendering of service in the public interest. b. Private formed for some private purpose, benefit, aim or end 3. Public and Private Corporations, distinguished Public organized for the government of a portion of the state Private formed for some private purpose, benefit, aim or end 4. Public Corporation, classified Classes of public corporations: i. Quasi-public corporation created by the state for a narrow or limited purpose; a private corporation created pursuant to the Corporation Code that renders public service or supplies public wants Examples: Public utility companies, electric companies, water districts, telecommunication companies ii. Real public corporation/Municipal corporation a body politic and corporate constituted by the incorporation of the inhabitants for the purpose of local government 5. Municipal corporation, defined Perception of local governments: A local government is not only a municipal corporation, meaning we dont look at it as an entity or a corporation that is clothed with a personality. Its also perceived as either political subdivision or a territorial subdivision. If we talk about political subdivision, then we look at local governments as agents of the national governments and therefore, tasked to perform certain government functions. If we talk about territorial subdivision, we look at it as a place. Basis: Sec. 1 Art. 10 Consti - The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided. But not only that, we have to deal with local governments as something that has life, something that performs acts with legal effects. B. Municipal Corporations 1. Elements a. Legal creation or incorporation the law creating or authorizing the creation or incorporation of a municipal corporation; the law that established the lgu, either by statute or ordinance in the case of barangays. b. Corporate name the name by which the corporation shall be known Example: City of Cebu (Basis the charter) Sec. 13 The sangguniang panlalawigan may, in consultation with the Philippine Historical Institute, change the name of component cities and municipalities, upon the recommendation of the sanggunian concerned; provided that the same shall be effective only upon ratification in a plebiscite conducted for the purpose in the political unit directly affected. c. Inhabitants the people residing in the territory of the corporation d. Territory the land mass where the inhabitants reside, together with the internal and external waters, and the air space above the land and waters. 2. Dual Nature and Functions It has dual functions, namely: a. Public or governmental or political It acts as an agent of the state for the government of the territory and the inhabitants; this involves the administration of powers of the state and the promotion of public welfare; in this regard, we call a lgu as a political subdivision, thats why being a political subdivision, it is an agent of the national government and being an agent of the national government, the principal is giving the agent the task of administering its power, thats why we have local taxation, local police power and local eminent domain Examples: Local police power, local taxation, local eminent domain, public works b. Private or proprietary It acts as an agent of the community in the administration of local affairs. As such, it acts as a separate entity, for its own purposes, and not as a subdivision of the state. A kind of power that is exercised for the special benefit and advantage of the community, thus, its not a necessary benefit, its something that the lgu can do without. Examples: Maintenance of parks, cemeteries, establishment of markets, fiestas and recreation Basis: Section 15. Political and Corporate Nature of Local Government Units. - Every local government unit created or recognized under this Code is a body politic and corporate endowed with powers to be exercised by it in conformity with law. As such, it shall exercise powers as a political subdivision of the national government and as a corporate entity representing the inhabitants of its territory. So, the framework therefore is accountability: If the lgu is exercising a governmental function, then it becomes accountable to the national government, but if the lgu is exercising corporation functions, then it is not accountable to the national government but it is accountable to the people. Bar Question: Johnny was employed as a driver by the Municipality of Calumpit. While driving recklessly a municipal dump truck with its load of sand for the repair of municipal streets, Johnny hit a jeepney and 2 passengers of the jeepney died. Is the municipality liable for the negligence of Johnny? YES, under Sec. 24: Section 24. Liability for Damages. - Local government units and their officials are not exempt from liability for death or injury to persons or damage to property. Whether the act is governmental or proprietary Alternative answer: NO. If it is governmental act, then, as a rule, there is no liability except only when it is performed by a special agent, such that conversely, if it is proprietary, then the agent of the state cannot enjoy that privilege because it is proprietary and therefore, not related to the national government, then it should be held liable. BARA LIDASAN VS COMELEC In a municipality in Mindanao, it was created by a statute. The problem was when such law was passed, it enumerated barangays or barrios belonging to a different province. Could we indulge in the assumption that Congress still intended, by the Act, to create the restricted area of nine barrios in the towns of Butig and Balabagan in Lanao del Sur into the town of Dianaton, if the twelve barrios in the towns of Buldon and Parang, Cotabato were to be excluded therefrom? The answer must be in the negative. Municipal corporations perform twin functions. Firstly. They serve as an instrumentality of the State in carrying out the functions of government. Secondly. They act as an agency of the community in the administration of local affairs. It is in the latter character that they are a separate entity acting for their own purposes and not a subdivision of the State. Consequently, several factors come to the fore in the consideration of whether a group of barrios is capable of maintaining itself as an independent municipality. Amongst these are population, territory, and income. When the foregoing bill was presented in Congress, unquestionably, the totality of the twenty-one barrios not nine barrios was in the mind of the proponent thereof. That this is so, is plainly evident by the fact that the bill itself, thereafter enacted into law, states that the seat of the government is in Togaig, which is a barrio in the municipality of Buldon in Cotabato. And then the reduced area poses a number of questions, thus: Could the observations as to progressive community, large aggregate population, collective income sufficient to maintain an independent municipality, still apply to a motley group of only nine barrios out of the twenty-one? Is it fair to assume that the inhabitants of the said remaining barrios would have agreed that they be formed into a municipality, what with the consequent duties and liabilities of an independent municipal corporation? Could they stand on their own feet with the income to be derived in their community? How about the peace and order, sanitation, and other corporate obligations? This Court may not supply the answer to any of these disturbing questions. And yet, to remain deaf to these problems, or to answer them in the negative and still cling to the rule on separability, we are afraid, is to impute to Congress an undeclared will. With the known premise that Dianaton was created upon the basic considerations of progressive community, large aggregate population and sufficient income, we may not now say that Congress intended to create Dianaton with only nine of the original twenty-one barrios, with a seat of government still left to be conjectured. For, this unduly stretches judicial interpretation of congressional intent beyond credibility point. To do so, indeed, is to pass the line which circumscribes the judiciary and tread on legislative premises. Paying due respect to the traditional separation of powers, we may not now melt and recast Republic Act 4790 to read a Dianaton town of nine instead of the originally intended twenty-one barrios. Really, if these nine barrios are to constitute a town at all, it is the function of Congress, not of this Court, to spell out that congressional will. Republic Act 4790 is thus indivisible, and it is accordingly null and void in its totality. The idea that it must be self-sufficient therefore is relevant to the second function that it must be a corporate entity representing the inhabitants of the community. SURIGAO ELECTRIC CO. INC. VS MUNICIPALITY OF SURIGAO When Municipality of surigao wanted to operate an electric company of its own, it did so without a CPC, pursuant to the Public Service Act which says that government instrumentalities or entities are exempt from getting CPC if they decide to operate public utility companies. The private electric company argued that a lgu is not a government instrumentality or entity. There has been a recognition by this Court of the dual character of a municipal corpor