13698852 finals reviewer loc gov

8/8/2019 13698852 Finals Reviewer Loc Gov

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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 justfor 5 points! Nevertheless, answer as comprehensively as you can to getthe 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 substantial alterationof 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. provinces

2. cities3. municipalities4. barangays5. autonomous regions

*Pimentel: list exclusive!LGU DefinedBasco v. PAGCOR: Local Government has been described as a politicalsubdivision of a nation or state which is constituted by law and has substantialcontrol of local affairs. In a unitary system of government, such as the governmentunder the Philippine Constitution, local governments can only be an intra sovereignsubdivision of one sovereign nation, it cannot be an imperium in imperio. Localgovernment in such a system can only mean a measure of decentralization of thefunction of government.

Section 2: territorial and political subdivisions enjoy LOCAL AUTONOMY

Limbona v. Mangelin :

decentralization of administration - when the central government

delegates administrative powers to political subdivisions in order tobroaden the base of government power and in the process to make localgovernments "more responsive and accountable

decentralization of power - involves an abdication of political power in

the favor of local governments units declare to be autonomous . Theautonomous government is free to chart its own destiny and shape itsfuture with minimum intervention from central authorities.

*Under LGC, only decentralization of administration!

Decentralization vs FederalismDecentralization: decision by the central government authorizing its subordinates,whether geographically or functionally defined, to exercise authority in certain

areas. It involves decision-making by sub-national units. It is typically delegatedpower, wherein a larger government chooses to delegate certain authority to morelocal governmentsFederalism: implies some measure of decentralization, but unitary systems mayalso decentralize. The sub-units that have been authorized to act do not possess anyclaim of rights against the central government.

Section 3: Congress ENACT LGC! (then outline more or less ng LGC)Section 4: GENERAL SUPERVISION CLAUSE

President exercise general supervision over local governmentsProvinces: component cities and municipalitiesCities and municipalities: component barangays*ensure acts of their component units are w/n the scope of their prescribed powersand functions

GENERAL SUPERVISION: ensure that local affairs are administered according to law.No control over acts in the sense that he can substitute their judgments with hisown. Power of supervision means overseeing or authority of an officer to see thatthe subordinate officers perform their duties.-includes power of the president to discipline elective officials. Also includes powerto investigate. (Joson v. Executive Secretary)*see Section 25, LGC

Section 5: ECON POWERS

Each 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 them*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 the national

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 the continuity 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 in aplebiscite in the political units DIRECTLY AFFECTED*See section 10, LGC

Cha MendozaPage 1 of 1


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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIASection 11: CREATION OF SPECIAL METROPOLITAN POLITICALSUBDIVISIONS-by law-subject to plebiscite similar to Sec10-component cities and municipalities retain basic autonomy + entitled toown 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 policies for

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 in thataside from highly urbanized cities, component cities whose charters prohibit theirvoters from voting for province elective officials are independent of their province. (aregistered voter of an independent component city who is prohibited from votingprovincial officials cannot run as officials of the province!)*see Section 451-453, LGC

Section 13: LGUs may group themselvesFor purposes of

1. 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 of units,accelerate the economic and social growth and development of units in theregion

Section 15 to 21: AUTONOMOUS REGIONSSec15: creation of Autonomous regions of Muslim Mindanao andCordillerasSec16: President exercise General supervision: ensure laws are faithfully

executedSec17: Powers, functions, responsibilities should be granted by law/constior 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 police agenciesDefense and security National Government

YeY! Locgov proper

THE LOCAL GOVERNMENT CODE: PRINCIPLES, POWERS AND RELATIONSSection 1: LGC titleDefinition of LGU: Basco vs. Pagcor: Local Government has been described as apolitical subdivision of a nation or state which is constituted by law and has

substantial control of local affairs. In a unitary system of government, such as the

government under the Philippine Constitution, local governments can only be anintra sovereign subdivision of one sovereign nation, it cannot be an imperium inimperio. Local government in such a system can only mean a measure ofdecentralization of the function of government.

Section 2: Declaration of Policy(a) genuine and meaningful local autonomy(b) accountability of LGUs through recall, initiative, and referendum(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 is toenable LGUs to become self-reliant communities and to make them moreeffective 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 meetpriority needs and services

(c) local officials, employees, subject to CS laws (merit and fitness),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 (Secs 2(b),69-75, 120-127)

(k) Improved coordination of NG policies and programs, extension ofadequate 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 the broadprinciples on local autonomy are set out in the Constitution, they are not self-executing but subject to, among other things, the passage of a local governmentcode, a local tax law, income distribution legislation, and a national representation

law, and measures designed to realize autonomy at the local level. In spite of



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIAautonomy, the Constitution places the local government under the generalsupervision 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 itc. general welfare clause: interpret liberally to give more powers to

LGUs in accelerating economic devt and upgrading quality of lifefor the people in the community

d. rights and obligations existing before LGC and contracts involvingLGUs: 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 room forinterpretation. There is only room for application. (SUCALDITO V. MONTEJO)YAO KEE V. SY-GONZALES: cusoms: a rule of conduct formed by repetition of acts,uniformly observed or practiced as a social rule, legally binding and obligatory. Acustom must be proved as a fact, according to the rules of evidence. A local customas a source of right cannot be considered by a court of justice unless such custom isproperly established by competent evidence like any other fact.BADUA V. CORDILLERA BODONG ADMINISTRATION: For decisions of tribal councils tobe applicable, they should be w/n the scope of LGC (therefore, in this case, shouldbe 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 government unit is donemainly to help assure its economic viability.CORDILLERA BROAD COALITION V. COA: Administrative Regions are notterritorial and political subdivisions but are primarily created to coordinate theplanning and implementation of programs and services in the covered area.. CAR isnot a public corporation or a territorial and political subdivision. It does not have aseparate juridical personality unlike provinces, cities and municipalities. Neither is itvested with the power to sue and be sued, the power to own and dispose ofproperty, the power to create its own sources of revenues, etc.PELAEZ v. AUDITOR GENERAL: President has no power to create municipalities.

The authority to create municipal corporations is essentially legislative in nature.The statutory denial of the presidential authority to create a new barrio implies anegation of the bigger power to create municipalities, each of which consists ofseveral barrios.

Section 7. Creation and Conversion

GR: 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 meetrequirements of populace

HOWCREATED

Income Plus Population(certifiedby NSO)

Land Area (certified byLMB)*

Not Territory as used before,inspired by Tan v. COMELEC

Province Only byan Act ofCongress(therefore LAW)

At least20M forthe last

2yimmediately prior

to itscreation

and

basedupon1991

constantprices ascertifiedby DOF

Either

At least250k

inhabitants

Contiguous Territory At least2k km2

-creation shall not reducethe land area, population orincome of the original unit/sat the time of said creationto less than the minimum

requirementsa. territorial jurisdiction shall

be properly identified bymetes and bounds

X: composed of 1+ islandsb. need not be contiguous if

composed of 2+ islands

City Only byan Act ofCongress(therefore LAW)

At leastP100Mfor thelast 2

consecutive yearsbased on

2000

constantprices ascertifiedby DOF

(amended by RA9009)

Either

At least150k

inhabitants

Contiguous Territory At least100 km2

-creation shall not reducethe land area, population orincome of the original unit/sat the time of said creationto less than the minimum

requirements

a. territorial jurisdiction shallbe properly identified by

metes and boundsX: composed of 1+ islands

b. need not be contiguous ifcomposed of 2+ islands

Municipality Only bylaw

Annualincome:At least

P2.5M forthe last 2consecutive yearsbased on

And(all 3)

At least25k

inhabitants

Contiguous Territory At least50 km2

-creation shall not reducethe land area, population or

income of the originalmunicipality or

municipalities at the time ofsaid creation to less than



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIA1991

constantprices

the minimum requirementsa. territorial jurisdiction shall

be properly identified bymetes and bounds

X: composed of 1+ islandsb. need not be contiguous if

composed of 2+ islandsBarangay *by law

*by

ordinance

NoneFinancial

viabilityof the

createdbarangaybecomes

theobligation

of theLGU

creatingit

Cantadd

anything!

GR: Atleast 2k

inhabitants

Except:w/n M.M.

areaother

metropolitan

politicalsubdivisio

ns w/cmay be

created bylaw

HUCs

dapatP5k

inhabitants

NONEa. land must be

contiguousb. land shall be

properly identifiedby metes and

bounds

Tan v. COMELEC:Territory reflected only territory with reference to mass of landarea and excluded the waters over which the political unit exercised control.

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, andw/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 Metropolitan Manilaso 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 (unlesslaw/ordinance fix date)

Tan v. COMELEC: in the creation of a new LGU, those to be included in suchplebiscite would be the people living in the area of the proposed new province andthose living in the parent province.Arguments that DIRECTLY AFFECTED means only those that would be included in thenew LGU:PAREDES v. EXEC SEC: In creating new municipalities from former barangays ofother municipalities, should only include those which would be included under thenew LGU because the residents of the parent municipalities would still be under thesame LGU (Province) w/o diminution of any rights. (so consider same status, pero

under pa rin supervision ng same entitysame benefits)LOPEZ v. COMELEC: Creation of MMC w/o plebiscite held as constitutional butnow requires plebiscite: SEC11, ARTX, Consti requires plebiscite!ABBAS v. COMELEC: Administrative regions ARE NOT TERRITORIAL AND POLITICALSUBDIVISIONS like provinces, cities, municipalities and barangays so TO MERGELGUs into an administrative region, NO PLEBISCITE 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 of Sanggunianconcerned + 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, notoftener 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, Bureau ofPosts

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

Section 15: Political and Corporate Nature of LGU (DUAL PERSONALITY)LGUs:-body politic and corporate endowed with powers to be exercised by it inconformity w/law-shall exercise powers as a1. political subdivision of the national govt2. corporate entity representing inhabitants of its territory



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

CITY of MANILA v. IAC: re transfer of bones when lease contract w/ publiccemetery not yet over so sued for damages (so refer to this later w/resuability)-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 state andpromoting the public welfare and they include the legislative, judicial, public andpolitical

*Municipal powers: exercised for the special benefit and advantage of thecommunity and include those which are ministerial, private and corporateCITY 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 isdelegated by Legislative: should be granted expresslyPRESIDENT, 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 necessary tocarry into effect and discharge the powers and duties conferred upon the municipalcouncil by law.(2) police power proper: authorizes the municipality to enact ordinances as maybe necessary and proper for the health and safety, prosperity, morals, peace, goodorder, comfort and convenience of the municipality and its inhabitants and for theprotection of their property.

ACEBEDO OPTICAL COMPANY V CAThe State, through the legislature, has delegated the exercise of police power to

LGUs, as agencies of the State, in order to effectively accomplish and carry out thedeclared objects of their creation. This delegation of police power is embodied in thegeneral welfare clause of the code. So exercise should be in accordance with law.

*BINAY v. DOMINGO-Police powers vested in LGUs broad and not limited: AS LONG AS GREATESTWELFARE TO ALL. Care for poor is public purpose.-duty to provide for the real needs of the people in their health, safety, comfortandconvenience 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 other ways toachieve the lawful subject)

PARAYNO V. MUNICIPALITY OF CALASIO- A local government is considered to have properly exercised its police powers onlywhen the following requisites are met:(1) the interests of the public generally, as distinguished from those of a particularclass, require the interference of the State and

(2) the means employed are reasonably necessary for the attainment of the objectsought to be accomplished and not unduly oppressive.

The first requirement refers to the equal protection clause and the second, to thedue 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 enact butmust 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

(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 of reason, thatis, the regulatory ordinance must be reasonable, and its provisions cannot beoppressive amounting to arbitrary interference with the business or calling subjectof regulation. A lawful business or calling may not, under the guise of regulation, beunreasonably interfered with even by the exercise of police power

*VILLANUEVA V CASTANEDA (ON LEASE CONTRACTS OF PUBLIC PROPERTY)-Police power cannot be suspended/bargained away through a contract. Impairmentclause 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 was of theopinion that then, brgys do not yet possess either the structural capacity or theadministrative knowhow to handle the vast powers that are now devolved to otherLGUs



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIAMunicipal 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 tertiary health services(c) social welfare services(d) other services

Provincial powers: more sweeping(a) agriculture and aquaculture

(b) industrial development services(c) health services(d) social services(e) investment support services(f) computerizing tax information and collection services(g) intra-municipal telecom services

City powers; all services and facilities which the barangay, municipality and provincehave 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 Health services*Envt not devolved though need proximate careSubsidiary: delegate all powers and decisions to level competent

MUNICIPALITIES AND CITIES: BASICUNITW/CDELIVERSERVICES*(2)(ii) supervision AND CONTROL OF DENR: DENR could substitute judgment towhat municipality doesWHY INSERTED? Congressmen wanted to prevent mayors and governors to be toopowerful!

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:

1. Taxes, fees, charges2. IRA: just share in national taxes automatically and directly released to them

w/o need of any further action3. share in proceeds from the utilization and development of the national wealth

and resources within their respective territorial jurisdictions4. proprietary power: to acquire, develop, lease, encumber, alienate or

otherwise dispose of real or personal property held by them in theirproprietary capacity

cf: ArtX, Secs 5,6 & 7

ESTANISLAO V. COSTALES (ON TAXATION POWERS)-LGUs have the power to create their own sources of revenue, levy taxes, etc. BUTsubject 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 fiscal autonomy is theautomatic release of the shares of LGUs in the national internal revenue. This ismandated by no less than the constitution (ArtX, Sec6). The LGC specifies further

that the release shall be made directly to the LGU concerned w/n 5d after everyquarter of the year and shall not be subject to any lien or holdback that may beimposed by the national government for whatever purpose.

Section 19: Eminent DomainSteps for expropriation of LGU

1. purpose: for public use/purpose or welfare for the benefit of the poor andlandless THERE SHOULD BE A NECESSITY FOR THE TAKING: MASIKIP V.CITY OF PASIG

2. WHO: chief executive acting through an ordinance

3. ORDINANCE duly passed, AND NOT A RESOLUTION (BELUSO V. MUNICIPALITYOF PANAY, MUNICIPALITY OF PARANAQUE V VM 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 theproperty based on the current tax declaration of the property to beexpropriated

7. payment of just compensation: to be determined by the court based on theFMV AT THE TIME OF TAKING OF THE PROPERTY (EPZA v. DULAY)

8. property is private property (Chaves v. PEA foreshore and underwaterlands)

BELUSO V. MUNICIPALITY OF PANAY-Eminent domain, which is the power of a sovereign state to appropriate privateproperty to particular uses to promote public welfare, is essentially lodged in thelegislature. While such power may be validly delegated to local government units,other public entities and public utilities, the exercise of such power by the delegatedentities is not absolute. In fact, the scope of delegated legislative power is narrowerthan that of the delegating authority and such entities may exercise the power toexpropriate private property only when authorized by Congress and subjects to itscontrol and restraints imposed through the law conferring the power or in otherlegislations. LGUs by themselves have no inherent power of eminent domain. Thepower 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 thus partakes onlyof a share in eminent domain. The national legislature is still the principal of theLGUs and the latter cannot go against the principals will or 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 for the validexercise of that power:



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIA1. An ordinance is enacted by the local legislative council authorizing the localchief executive, in behalf of the local government unit, to exercise the power ofeminent domain or pursue expropriation proceedings over a particular privateproperty.2. The power of eminent domain is exercised for public use, purpose or welfare, orfor the benefit of the poor and the landless.3. There is payment of just compensation, as required under Section 9, Article III ofthe Constitution, and other pertinent laws.4. A valid and definite offer has been previously made to the owner of the property

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 originates from"the necessity" and the taking must be limited to such necessity. The veryfoundation of the right to exercise eminent domain is a genuine necessityand that necessity must be of a public character.-Morever, the ascertainment of the necessity must precede or accompany, and notfollow, the taking of the land. Necessity w/n the rule that the particular property tobe expropriated must be necessary, does not mean an absolute but only areasonable or practical necessity, such as would combine the greatest benefit tothe public with the least inconvenience and expense to the condemning party andthe property owner consistens with such benefit.

EPZA V. DULAY

-Just Compensation: the value of the property at the time of the taking. It meansa fair and full equivalentfor the loss sustained. All the facts as to the condition ofthe property and its surroundings, its improvements and capabilities, should beconsidered.

*NO NEED FOR DAR AUTHORITY IF DOES NOT INVOLVE RECLASSIFICATIONOF AGRICULTURAL LAND BY OWNER/BENEFICIARY TENANT: PROVINCE OFCAMARINES 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 its transferor relocation to a new siteTemporary closure:1. actual emergency2. fiesta celebrations3. public rallies4. agri and industrial fairs5. undertaking of public infrastructure works6. athletic/cultural/civic activities OFFICIALLY SPONSORED, RECOGNIZEDOR APPROVED BY LGU concerned7. THROUGH AN ORDINANCE: for bazaars, midnight sales, flea marketswhere commodities or articles of commerce may be sold and dispensed tothe general public.

CABRERA V. CA

The closure of city streets is w/n the powers of the city council while the closure ofprovincial 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 to peaceablyassemble and petition in any public park or plaza of a city or municipality until thatcity or municipality shall have complied with Sec;. 15 of BP 880 providing forFREEDOM PARKS in every LGU. Advance notices however should be given to LGUs toensure proper coordination and orderly proceedings.

Section 22: Corporate Powersa. 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 powersb. continue using/modity/change corporate seals register with DILGc. NO CONTRACT CAN BE ENTERED BY LOCAL CHIEF EXECUTIVE IN BEHALFOF LGU W/O PRIOR AUTHORIZATION OF SANGGUNIAN CONCERNEDd. full autonomy inexercise of proprietary functions and in themanagement of economic enterprisescf: authority to sue and be sued vs. entering into contracts power by local

chief exec: can sue w/o authorization by sanggunian (CITY OF CALOOCAN V.CA) vs. cannot enter contracts in behalf of sanggunian w/o authorization bysanggunian (but cf: Ordonez v. Gustillo)

MUNICIPALITY OF ECHAGUE V. ABELLERA (FERRIES CASE)-Municipality has the power to acquire or establish municipal ferries. Admin Codeconfers to LGUs the power to supervise public utilities and this was intended toprovide additional sources of revenues to the LGUs for the maintenance of theirmaintenance 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 agencies

W/O CLEARANCE OR APPROVAL OF NATIONAL AGENCIESX: if w/ NATIONAL SECURITY IMPLICATIONS

Section 24: LIABILITY FOR DAMAGESLGUs and local officialsnot exempt from liability if:

1. death2. injury3. damage to property

*dapat daw with MALICE OR NEGLIGENCE*NOT AUTOMATIC LIABILITY, BUT MERE SUABILITY

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

GR: State may not be sued w/o its consent:Cha MendozaPage 7 of 7


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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIAX: 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 level of theother contracting party>when the State files a complaintFOR MUNICIPAL CORPORATIONS:Suable because their charter provided that they can sue and be sued

in 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 be sued

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: cannot applydoctrine of estoppel on the municipality to validate a contract

CITY OF MANILA V. TARLAC DEVELOPMENT CORP - The rule is clear, and it issupposed by abundant authority, that a consent decree, in which the officials

of a municipality assumed obligations not authorized by law, is null andvoid. The fact that, by consent of the municipal officers, an agreement or stipulationmade by them has been put in the form of a judgment, in an effort to give it theforce and effect of a judgment, does not cure a lack of power in the officers to makeit, and if such power is lacking, the judgment as well as the stipulation is void. Aninvalid contract is not validated by a judgment consented to by the municipality,expressly stipulating 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 powers andfunctions (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 uponrequest, no extra costd. National Agencies (including GOCCs) should furnish monthly reports tolocal chief executives concerned

DOCTRINE OF QUALIFIED POLITICAL AGENCY not applicable to local governmentofficials

CARPIO V. EXEC SEC-the President has control of all executive departments, bureaus and offices- recognizes the establishment of a single executive- all elective and administrative organizations are adjuncts of the ExecutiveDepartment, the heads of the various executive departments are assistants andagents of the Chief Executive, and, except in cases where the Chief Executive isrequired by the Constitution or law to act in person (or) the exigencies of thesituation demand that he act personally, the multifarious executive andadministrative functions of the Chief Executive are performed by and through the

executive departments, and the acts of the Secretaries of such departments,performed and promulgated in the regular course of business are, unlessdisapproved or reprobated by the Chief Executive presumptively the acts of theChief Executive.

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

RADIA V. REVIEW COMMITTEELG are not attached to the DILG in the same sense that bureaus and offices underthe DOJ. Provinces and Municipalities are instrumentalities or units of LG, vestedwith their own legislative and executive powers under the LGC. So DILG does not

have power to decide WON to remove LGU employee.

*So summary: the Doctrine of Qualified Political Agency recognizes thatthere is a single executive, the President, which exercises CONTROL overall executive departments, bureaus and offices. Since the president cannotperform all administrative functions of the a Chief Executive, all theadjuncts of the Executive Department are deemed as agents of thePresident through which the President acts. The president, thus, couldexercise CONTROL over the acts of his/her agents.HOWEVER, local government units, particularly the local chief executives,are not covered by the DOCTRINE OF QUALIFIED POLITICAL AGENCY thePresident could only exercise general supervision over them. They areterritorial and political units vested with their own legislative andexecutive powers, unlike agencies attached to the Executive Department.

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

Section 26: Duty of National Government Agencies in the Maintenance ofEcological Balance-national agency/ GOCCauthorizing or involved in planning and implementation of any project or program(that may cause deterioration of the environment)-should CONSULT with>LGU>NGO>PO

CommunityCha MendozaPage 8 of 8


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

environmental impact on the community2. PRIOR APPROVAL by Sanggunian concerned3. If it would involve eviction: SHOULD PROVIDE APPROPRIATE RELOCATION SITESFIRST

PROVINCE OF RIZAL V. EXEC SECRETARYSection 27, LGC requires that before a project by government is implemented, thereshould 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 the PNP-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 and MunicipalitiesProvince(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 ci ty 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 from issuancereview 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 to correct theacts of the subordinate and to see to it that he performs his duties in accordancewith law.

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

Section 32: City and Municipal Supervision over their respective Barangays

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 casino inCDO (and so the efforts of the civil society were useless in this case), itshould re-examine and reevaluate its decision in the light of the vigorousopposition 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, evaluation ofbids & recommendation of awards concerning local INFRASTRUCTUREPROJECTS-local chief executive = chair of the committee

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

Local Government UnitsBARANGAY MUNICIPALIT

YCITY PROVINCE

Description ni sir

conduit fordemocracy

generalpurposegovernment functionalunit of LGUs

Moreurbanizedanddevelopedgeneralpurpose

Conduit forLGUs



10/22

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

ROLE Sec384:a. basic

political unit

b. primaryplanning and

implementing unit

c. forum

Sec 440:generalpurposegovernmentforcoordinationand deliveryof basic,

regular anddirectservices andeffectivegovernanceof theinhabitantsw/n itsterritorialjurisdiction

Sec 448:generalpurposegovernment(same asMunicipality)

Dynamicmechanismfordevelopmental processesand effectivegovernanceof LGUs w/n

its territorialjurisdiction

MANNEROFCREATION

See earlier table

OFFICIALS IN

GENERAL

Sec387:*punong

barangay*7sangguniangBarangaymembers*SK chair*brgysecretary*brgytreasurer

Section 443:*municipal

mayor*municipalVmayor*Sangguniang Bayanmembers(MANDATORYAPPOINTIVEOFFICERS)*secretary totheSangguniangBayan*municipaltreasurer

*municipalassessor*municipalaccountant*municipalbudgetofficer*municipalplanning anddevelopmentcoordinator*Municipalengineer/building official*municipal

Section 454:*city mayor

*vice mayor*Sangguniang Panlungsodmembers(MANDATORYAPPOINTIVEOFFICERS)*secretary totheSangguniangPanlungsod*citytreasurer*cityassessor

*cityaccountant*city budgetofficer*Cityplanning anddevelopmentcoordinator*cityengineer/building official*city healthofficer*city civilregistrar

Section 463:*governor

*vice gov*members oftheSangguniangPanlalawigan(MANDATORYAPPOINTIVEOFFICERS)*secretary totheSangguniangPanlalawigan*provincialtreasurer*provincial

assessor*provincialaccountant*provincialengineer*provincialbudgetofficer*provincialplanning anddevelopmentcoordinator*provinciallegal officer!*provincial

health officer*municipalcivil registrar**heads ofdepts.(subject toconcurrenceof themajority of

allsangguniangbayanmembers +subject tocivil servicelaw, rulesandregulations)(DISCRETIONARYAPPOINTIVEOFFICERS)*municipaladministrator

*municipallegal officer*municipalagriculturist*municipalenvironmentand naturalresources*municipalarchitect*municipalinformationofficer

*cityadministrator*city legalofficer*city vet*city socialwelfare anddevelopmentofficer

*city generalservicesofficer*heads ofdepts.(subject toconcurrenceof themajority ofallsangguniangbayanmembers +subject tocivil service

law, rulesandregulations)(DISCRETIONARYAPPOINTIVEOFFICERS)*cityarchitect*cityinformationofficer*cityagriculturist*city

populationofficerCityenvironmentand naturalresourcesofficer*citycooperativeofficer

administrator*provincialhealth officer*provincialsocialwelfare anddevelopmentofficer*provincial

generalservicesofficer*provincialagriculturist*provincialvet

(DISCRETIONARYAPPOINTIVEOFFICERS)*provincialpopulationofficer

*provincialnaturalresourcesandenvironmentofficer*provincialcooperativeofficer*provincialarchitect*provincialinformationofficer

ChiefExecutivePowers

TMTM

BARANGAY



11/22

LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIASangguniang Kabataan423: Creation and Election-Composition:1. SK Chair (elected)2.. 7 members3. secretary4. treasurer-QUALIFICATIONS: 15 to 18 (on the day of election)

Katipunan 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 the custodyof the barangay secretary

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

ALUNAN V. MIRASOL-elections for SK officers are not subject to the supervision of COMELEC inthe same way that contests involving SK officials do not fall w/n thejurisdiction of COMELEC (SK elections not covered by OMNIBUS 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 municipality createdunder a void EO of its continued existence as municipality De factomunicipal corp?-defect was cured by Section 442(d) of LGC: provides that if municipaldistrictorganized pursuant to Presidential issuances/Eos

have 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 and revenuesand 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 in accordancew/ law/ordinance, directs the formulation of municipal devt plans andprograms which upon approval by the Sangguniang Bayan, he will executeand implement, there was no need for a new authority to sign it. (so mayprior approval na, no need for another approval!) cf Sec22

LOPEZ V. CSC-if the City Charter designates the Sanggunian to appoint employees of theCity council (but it is generally vested with the MAYOR), special lawprevails over general law so MAYOR DOES NOT HAVE POWER TO APPOINTin 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 the disciplinary

jurisdiction of the Mayor

LAGANAPAN V. ASEDILLO-the exercise of the power of discipline must be done in accordance withlaw

NESSIA V. FERMIN-mayor may be held liable for damages for official inaction, which brings tostandstill the administrative process and the public is left in the darknessof uncertainty

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

Sangguniang Bayan: Powers, Duties basically legislative powers of Congressdelegated to local legislative bodiesMUNICIPALITY OF MALOLOS V. LIBANGANG MALOLOS INC no longercontrollingIt is the municipal mayor, w/ authorization of the Sangguniang Bayan thathas primary power to issue licenses for operation of ordinary cockpits.(NOW, NO SUPERVISION ON THE PART OF THE PHILIPPINE GAMEFOWLCOMMISSION)

LTO V. CITY OF BUTUANPowers of LTO and LFTRB unaffected by LGC. Under LGC, some functions ofDOTC 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



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIAMUNICIPALITY OF SAN JUAN V. CA-Municipality is be liable for unclosed manholes made in connection withlaying gas, water, sewer and other pipes w/n its territorial jurisdiction-so STRICT LIABILITY UNDER NCC AUTOMATIC IF THE EXCAVATION W/CCAUSED THE INJURY IS RELATED TO THESE PIPELAYING ACTIVITES

*~*~*~*CITY v. MUNICIPALITY-both general-purpose government

-CITY: more urbanized and developedbarangays vs. MUNICIPALITY: just barangay*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 several barangays (atleast 2)PURPOSE: Barangay is the conduit for democracy (primary planning andimplementing unit/forum); CITY/MUNICIPALITY: General purpose governmentMUNICIPALITY/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 make barangaygeneral purpose government? Why not PROVINCE?1. size

2. scale3. costs*City and municipality general purpose government because its level wherein it ismost 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. Congresshas refrained from using the metes and bounds descriptions of land areas of otherLGU with unsettled boundary disputes (not an exemption!)

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 the wholeprovince 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 not followthe requisites in LGC?

League of Cities v. COMELEC

F: 16 cities created, not complying with the income criteria for cities in the LGCH: Black-letter law justification: The creation of local government units must followthe criteria established in the Local Government Code and not in any other law.

There is only one Local Government Code. The Constitution requires Congress tostipulate in the Local Government Code all the criteria necessary for the creation ofa city, including the conversion of a municipality into a city. Congress cannot writesuch criteria in any other law, like the Cityhood Laws. Therefore, Congress cannotmake cities which does not comply with the criteria in LGC!-on EPC violation: There is no substantial difference between the pending cities of

the 11th

Congress and the other cities which were not yet pending-why did the League opposed these cityhood bills: their share in the IRA would bediminished! (which is SO WRONG as the purpose of LGC is to make these LGUsindependent from the National Government!)-What should have the congress have done to make these municipalities as cities:>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 part of aprovince 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 (not automaticallyproclaimed)

COMPONENT CITIES-did not meet the requirements for highly urbanized cities

-allow their voters to participate in the election of provincial officials and whoseannual income or population does not qualify them to be highly urbanized

Officials of city governmentMama, Jr. v. CA, 196 SCRA 489 (1991)-It is within the legal competence of the City Council of Ozamis, in the exercise of itssound discretion, to create such other offices as may be necessary to carry out thepurposes of the city government or consolidate the functions of any one of suchoffices with another in the interest of efficiency and economy.-It may also create, consolidate, and reorganize city offices and positions whollysupported by local funds-The City Council has no obligation to keep a useless office of a position that isneither needed nor in the public interest by reason of, as in this case, financiallosses and incapacity to render adequate public services



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIAPowers 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 thegovernance of the city, pursuant to Sec 455 (b)(2) of LGC. It is a ministerial duty.Ordinance enacted pursuant to the police power delegated to LGUs, a principledescribed as the power inherent in a government to enact laws, within constitutionallimits, to promote the order, safety, health, morals and general welfare of thesociety. Sanggunian has power to reclassify lands within the jurisdiction of the city.

Sir was included in this case: SJS wanted Mayor Atienza to enforce the OrdinanceIn the Philippines, a lot of our oil are imported. Pandacan was set aside as the oilbase for Manila. But since we were not strict for land use (residential area first, butconverted to industrial area with the construction of the oil depot, then with theordinance, converted to commercial). 9-11 was an opportunity for LGU to have theoil depot to leave. Spot zoning should not be allowed! (SIR) Zoning is the power ofthe Sangguian. Now the oil depots are faced with the problem of relocation. Thiscase shows that land use is a powerful power which should be exercised rationally.

SIR: Why should we change LGC when we have not yet maximized the potentials ofthe LGUs

GORDON V. VERIDIANO-the power to issue licenses includes the power to revoke it, but the latteris limited by the authority to grant license: can only revoke license if

theres a violation of the condition for granting of that license. If licensegranted by authority of another body (i.e. a national agency), then it mayonly be revoked when theres a violation of the guidelines of that otherauthority

CITY OF CALOOCAN V. CA-mayor has the authority to file suits for recovery of funds and propertyon behalf of the city, even w/o prior authorization from sanggunian

APPOINTIVE LOCAL OFFICIALS COMMON TO ALL MUNICIPALITIES, CITIES ANDPROVINCESMandatory 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 the delivery ofthe basic services or to the operation of the local government ACCOUNTABILITY OFLGUS

Mandatory positions1. Sanggunian Secretary2. Treasurer3. Assessor4. Accountant5. Budget Officer6. Engineer7. Planning and Development Coordinator8. Health Officer9. Legal Officer, also optional10. Civil Registrar

11. Administrator, also optional

12. Agriculturist13. Social Welfare and Development Officer

OptionalAsst. TreasurerLegal OfficerAsst. AssessorAdministratorAgriculturist

Social 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 appointees are qualifiedfor the positions they cannot appoint or change the appointment-what if there is a violation of the Civil Service Law: then the CSC has the power toremove 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 leastfive (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 LGU

Treasuer: collection of local taxes

Budget 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 NIPIMENTEL). SOF is proper disciplining authority to issue preventive suspension order.Mayor/Gov may still exercise power to investigate erring local officialspursuant to Sections 444(x), 455(x) and 456 (x) of LGC.-HISTORY OF POWER TO APPOINT TREASURER: before (PD 477) Provincial Treasurersand Assessors appoint municipal treasurers. Then power to appoint transferred toSOF (PD 921). Chang argues that the power to discipline him should be vested onthe President who he alleges that under EO 392 had the power to appoint him.However, under the Civil Service Law, the heads of the departments have the powerto discipline and PD 477 provides that SOF has disciplinary supervision over

municipal treasurers.Cha MendozaPage 13 of 13


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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIA-as re: replacement required: Both the CIVIL SERVICE LAW and the then LGC doesnot require a replacement to be appointed first before the preventive suspensionwould be effective. OLD LGC even provides that in the case of temporary disabilityof the treasurer, the assistant treasurer would automatically take-over his position.PREVENTIVE SUSPENSION EFFECTIVE UPON CHANGS RECEIPT THEREOF

On Budget OfficerLira v. CSC, Jaranilla, 144 SCRA 541 (1986)-PD 1375 transferred the local budget administration from the Ministry of Finance to

the Ministry of Budget. Liras position as part of the Office of the Mayor is but abudget policy-determining arm of the local chief executive, otherwise it would beperforming same functions as the Local Budget Staff of the City Treasurers Office.PD 1375 created the new position of City Budget Officer as a result of the transferand since its a new position, its open to ALL QUALIFIED!-QUALIFICATIONS: 3yr experience in treasury service or equivalent in budgeting orin any related field + minimum qualification requirements, subject to Civil ServiceLaw and approval of Commissioner of Budget. Local Chief Executives discretion andprerogative in his choice of appointee to a new office is limited: should consider onlythose who are qualified and eligible.-Liras appointment was not done pursuant to Local Budget Circular No. 8 whichrequires that if a Local Budget Officer be appointed before June 19, 1980, the saidofficer should be issued a new appointment to the position. Lira was not issued anew appointment, nor was her appointment approved by the Minister of Budget.-Jaranilla has more experience: 6 years budgeting work vs. 2 years in Liras case.

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 his finding thatthe disputed structures are dangerous and structures within the meaning of theNational 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 essentially discretionaryand the Commission cannot substitute its judgment for that of the appointmentpower. CSC under PD 807 may only approve or disapprove the appointmentafter determining WON the appointee possesses the appropriate civilservice eligibility or the required qualifications. It cannot order or direct the

appointment of a successful protestant.-Both Patagoc and the Incumbent Asst. City Engineer were qualified.PIMENTEL: Requirement under OLD LGC that City Engineer must have been an Asst.City Engineer or has engaged in the practice of his profession for at least 5 years NOLONGER CONTROLLING

On Health OfficerAlba v. Perez, 154 SCRA 225 (1987)Dr. Perez is a national government employee, thus entitled to the salary increase. Heis included among the national officials performing municipal functions under thedirect control of the Health Minister and not the city mayor. Provincial and city healthofficers are all considered national government officials irrespective of source offunds for their salary because preservation of health is a national service.PIMENTEL: Not controlling anymore. LGC makes Local Health Officers local officials.

Pandi v. CA, 380 SCRA 436 (2002) * IPHO-APGH: Integrated ProvincialHealth Officer-Amai Pakpak General Hospital-Governor Mutilan of Lanao had no authority to appoint Saber as OIC IPHO-APGHsince at the time he made the appointment, IPHO-APGH was still under nationalgovernment, officials paid from national funds entirely. Sabers appointment VOID.-Section 478, LGC: not a grant of powers to governors and mayors to appoint localhealth officers but simply a directive that those empowered to appoint local healthofficers 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 Local Code, theprovincial health officer was converted from a regional government official to aprovincial official, and thus is under the general supervision and control of theProvincial Governor and not of the Regional Secretary of Health. It is only after theARMM Code that Governor Mutilan could have validly appointed Saber as OIC IPHO-APGH.

On Legal OfficerGrio v. CSC, 194 SCRA 458 (1991) legal officer as a confidential officerQuoting Cadiente v. Santos, a city legal officer is one requiring that utmostconfidence on the part of the mayor. The relationship existing between a lawyer andhis client, whether a private individual or a public officer, is one that depends on thehighest degree of trust that the latter entertains for the counsel selected. Being aprimarily confidential, the Provincial Atty.s services can be terminated based onloss of confidence and trust.

-As regards the staff: legal work involved can be delegated. They do not occupyprimarily confidential positions, instead, they occupy positions that are remote fromthe appointing authority and are subject to the supervision and control of the legalofficer, who can ensure that the judiciary duties inherent in the attorney-clientrelationship are observed. Accordingly, they enjoy security of tenure as mandated bythe Civil Service Law.

Ramos v. CA, 269 SCRA 34 (1997)GR: Only the provincial fiscal, provincial attorney and municipal attorney shouldrepresent a municipality in its lawsuits. Only accountable public officers may act forand in behalf of public entities and that public funds should not be expended to hireprivate lawyers.X: 1. when the municipality is an adverse party in a case involving the provincialgovernment or another municipality or city within the province;2. if and when the provincial fiscal is disqualified to represent in court a particular

municipality;3. when the original jurisdiction of a case involving the municipality is vested in theSupreme Court4. in a case involving the municipality, he or his wife, or child is pecuniary involvedas heir, legatee, creditor or otherwise.

OTHER PROVISIONS APPLICABLE TO LGUs

Chapter 1Settlement 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



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

certification

Section 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 the legislativeprocess for the enactment, amendment, or repeal of an ordinance orresolution in the absence of positive action of the sanggunianINDIRECT INITIATIVE: voters want a piece of legislation or an ordinance orresolution enacted, amended, or repealed but they do not do so directly;

they course their action through their elected representatives in thenational legislature*may cover all sorts of measures as long as these are w/n the competenceof 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 of

initiative give notice to Sanggunian concerned(c) proposition NUMBERED SERIALLY STARTING FROM ROMAN

NUMERAL 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 place inthe LGU*whose presence required:-election registrar/rep-rep of proponent

-rep of Sanggunian concerned

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

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

(g) If obtained: COMELEC set a date for the initiative (proposition shallbe submitted to the registered voters of the LGU concerned fortheir 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-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, local chiefexec 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 approved throughinitiative w/n 6m from date of approval; can only do so 3y AFTER by a voteof 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 may be

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 one term fromthe 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 bythe people through a proposition sent to

-power of the electorate to approve orreject a legislation through an electioncalled for the purpose.



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIACongress or the local legislative body foraction-3 systems of initiative:1. Initiative on the Constitution: petitionproposing amendments to the Constitution2. Initiative on Statutes: petition proposingto enact a national legislation3. Initiative on local legislation: petitionproposing to enact a

regional/provincial/city/municipal/barangaylaw, resolution or ordinance

-2 classes:1. Referendum on statutes: petition toapprove or reject an act/law, or partthereof, passed by Congress2. Referendum on local law: petitionto approve or reject alaw/resolution/ordinance enacted by

regional assemblies and locallegislative bodies-resorted to by the people directly eitherbecause the lawmaking body fails orrefuses to enact thelaw/ordinance/resolution/act that theydesire or because they want to amend ormodify one already existing.

-the lawmaking body submits to theregistered voters of its territorial

jurisdiction, for approval or rejection,any ordinance or resolution which isduly enacted or approved by suchlawmaking 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 COv 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 of theelectionABELLA V. COMELEC, SUPRA:difference between place of work vs. place ofdomicile: domicile (where the person ultimately wants to reside, intent to return) vs.place of work; residence = domicile` - IMPORTANT UNG ANIMUS REVERTENDIDUMPIT-MICHELENA V. BOADO: to successfully effect a change of domicile,there must be a clear and positive proof of concurrence of the ff: (1) anactual removal or an actual change of domicile; (2) a bona fide intention ofabandoning the former place of residence and establishing a 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 SangguniangPanlalawigan (PROVINCE) or MAYOR/Vmayor/member of SangguniangPanglungsod (HUC)

*21 y.o. on election day: MAYOR/VMAYOR of ICCs, Component cities andmunicipalities

*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 offense

involving 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 a result ofconvictionb. removed from office as a result of an administrative case

c. convictedby final judgment for violating the oath of allegiance ofthe Republic a person simultaneouslyowes, by some positive act,

loyaltyto 2+ statesMERCADO V. MANZANO: Dual citizenship vs. dual allegiance (see correspondingitems for def)

d. those w/dual citizenship* - w/ concurrent application of the different laws of2 or more states, the person is simultaneously a national by the said states

*In Citizenship Retention and Re-acquisition Act of 2003 (DUAL CITIZENSHIPLAW), a natural-born citizen who lost Philippine Citizenship by naturalization of aforeign country should: (1) take oath; (2) make a personal and swornrenunciation of any and all foreign citizenship; (3) should not be occupying apublic office abroad ; and/or (4) not in active service as commissioned/non-commissioned officers

e. fugitives from justice: criminal/nonpolitical cases here/abroad: includes notonly those who flee after conviction to avoid punishment but likewise thosewho, after being charged, flee to avoid prosecution. ESTABLISH INTENT TO

EVADE (RODRIGUEZ V. COMELEC)f. permanent residents of a foreign countryhave acquired right to reside abroad + continue to avail the same right afterthe 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 been administrativelyremoved you are disqualified? It seems so under Section 40 (b). understood to beremoval FORCAUSEBRY SJ: seems unfair that one cannot run for being removed through anadministrative case but those sentenced by final judgment for criminal convictioncan run again if pardoned unconditionallyMarge: under B, the lawmakers may have thought that these persons were alreadygiven the opportunity to work for the government but did not perform well

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



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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIA*other sectors as determined by the Sanggunian concerned

*DE GUIA V COMELEC: why by district for Sangguian mems: to reduce the number ofpositions to be voted for and ensure the efficiency of electoral processes

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

Section 43: Term of Office

a. FOR ALL LOCAL ELECTIVE OFFICIALS: 3yrsb. NO SERVICE FOR MORE THAN 3 CONSECUTIVE TERMS in the same

positionvoluntary 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

BORJA V. COMELEC: not enough that SERVED 3 consecutive terms; shouldalso have been ELECTED to the same position for the same number oftimes (so if only succeeded the office, not applicable)*Sa president and VP, if VP continues the term for more than 2 years, then he cannotrun for President. 4 years and above considered a full term.

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

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

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

OSMENA V. COMELEC: the legislature cannot extend the term of office byproviding that they shall hold over until their successors are elected andqualified

DIMAPORO V. MITRA: term vs. tenureTERM: may not be extended or shortened by the legislature

TENURE: period during w/c an officer holds the office may be affected bycircumstances w/n or beyond the power of said officer* in this case, once a Congressman files for candidacy to another positionwhen his TERM is not yet completed (so his tenure was just for the periodw/n w/c he was a congressman), he is deemed to have voluntarily cut shorthis tenure. His term may be continued by another person

*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 BUT OPPOSITEHAPPENS!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 a term?

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

1. fills a HIGHER VACANT OFFICE2. refuses to assume office3. fails to qualify4. dies

5. removed from office6. voluntarily resigns/otherwise7. permanently incapacitated to discharge the functions of his office

IF 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 sanggunian memsACCORDING 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 is silent,THE PRESIDENT, THROUGH DILG SEC may appoint the temporaryreplacement*QUESTION: is this still applicable, when the code states that in case ofvacancy in the VICE position, the highest ranking sanggunian mem wouldbecome vice??? GOVS OF THE PHILIPPINES V. PIMENTEL: NOT APPLICABLEANYMORE. These cases were ruled during the time of AQUINO where therewas no CONSTI yet and the DILG sec may appoint officials who wouldsupport the presidentNOW, THERE IS AUTOMATIC SUCCESSION

QUESTION: what if theres a permanent vacancy in the sanggunian, as

caused 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 that couldfill up the spot vacant)-permanent vacancy filled by APPOINTMENT of:a. PRESIDENT (THROUGH EXEC SEC note: notDILG sec):Sangguniang Panlalawigan.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 Brgy

ConcernedCha MendozaPage 17 of 17


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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIAON 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 official ofthe political party concerned

X: 1. sangguniang brgy vacancy: recommendation of Sangguniang Brgyconcerned

2. if sanggunian member DOES NOT BELONG TO ANY POLITICALPARTY: recommendation of sanggunian concerned, Appointed byLOCAL CHIEF EXECUTIVE (same as those above: FARINAS v. BARBA)

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

a. youth

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

Section 46: TEMPORARYVACANCYin the OFFICE OF THE LOCAL CHIEF EXECa. FOR GOV/CITY OR MUNICIPAL MAYOR/PUNONG BRGY:-temporarily incapacitated to perform his duties for physical/legal

reasons:*LOA*travel abroad*suspension from officeVICE or highest ranking Sangguniang Brgy mem in case of PUNONGBRGY shall AUTOMATICALLY EXERCISEGR: POWERS AND PERFORM DUTIES AND FUNCTIONS OF THE LOCALCHIEF 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 written

declaration by the local chief exec concerned that he hasreported back to office2. LEGAL CAUSES: submission of necessary docs showing that

the legal cause no longer existif absence caused by TRAVEL w/n country but OUTSIDE TERRITORIALJURISDICTION for less than or equal to 3d: designate in writing OICOIC: anyone-authorization should specify powers, duties, functions-if no authorization/designation given + if absent for MORE THAN 3 days:vice gov/ city/municipal mayor/ highest ranking Sanggunian Barangay memmay assume powers of local chief exec

Sec 47: LOAsBy whom, who approves:

a. GOV/mayor of HUC/ mayor of ICC: president

b. Vice gov/ vice mayor: local chief exec concerned

c. 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 from receipt: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

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 Panlalawigan, Sangguniang Panlungsod and Sangguniang

Bayan2/month: Sangguniang Barangay*special sessions:-called by local chief exec/majority of sanggunian.-when public interest demands*sessions OPEN TO PUBLICX: closed-door sessionsecuritydecency

.moralityCha MendozaPage 18 of 18


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LOCAL GOVERNMENT REVIEWER (for finals!) DR. ANTONIO G.M. LA VIA*no 2 sessions in 1 day

SECTION 53. QuorumMAJORITY of ALL mems elected and qualifiedIf none:-presiding officer may declare a recesss-majority of mems may adjourn from day to day-majority of mems may compel immediate attendance if member absent

w/o justi

13698852 finals reviewer loc gov

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