Nachura Notes Local Governments
Nachura Notes Local Governments
Nachura Notes Local Governments
I. GENERAL PRINCIPLES
Corporation
¾ 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.
Classification
1. Public: organized for the government of a portion of a state.
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Municipal Corporation
Elements:
1. Legal creation or incorporation
Law creating or authorizing the creation or incorporation of a
municipal corporation.
2. Corporate name
Sanggunian Panlalawigan may change the name of component
cities or municipalities:
1. consultation with Philippine Historical Institute
2. effective upon ratification in a plebiscite
3. Inhabitants
People residing in the territory.
4. Territory
Land mass where the inhabitants reside
Together with external and internal waters and the airspace above.
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¾ Provinces
Cluster of municipalities or municipalities and component
cities.
Dynamic mechanism for developmental processes and
effective governance of LGUs within its territorial
jurisdiction.
¾ City
More urbanized and developed barangays
General purpose government for the coordination and
delivery of basic, regular and direct services.
Effective governance of the inhabitants within its
jurisdiction.
¾ Muncipality
Group of barangays
General purpose government for the coordination and
delivery of basic, regular and direct services.
Effective governance of the inhabitant within its
jurisdiction.
¾ Barangay
Basic political unit
Primary planning and implementing unit of government
policies, plans, programs, projects and activities in the
community.
Forum where collective views of the people may be
expressed.
Where disputes may be amicably settled.
¾ Autonomous Regions in Muslim Mindanao and the Cordilleras
Datu Firdausi Abbas vs. COMELEC: act establishing the
Autonomous Regional Government of Muslim Mindanao
was held valid.
Cordillera Broad Colaition vs. Commission on Audit:
exercise of legislative powers, creating the Cordillera
Administrative Region was held valid. It prepared the
groundwork for autonomy and the adoption of the organic
law.
Ordillo vs. COMELEC: sole province of Ifugao which, in
the plebiscite, alone voted in favor RA 6766, cannot validly
constitute the Autonomous Region of the Cordilleras.
¾ Special Metropolitan Political Subdivision
Congress may by law create special metropolitan political
subdivisions subject to a plebiscite.
The component cities and municipalities shall retain their
basic autonomy
Entitled to their own local executives and legislative
assemblies
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1. Municipality: 2,500,000
2. City 100,000,000
3. Highly Urbanized City: 50,000,000
4. Province: 20,000,000
¾ Internal Revenue Allotment should be included in the
computation of the average annual income of the municipality.
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Declaration of Policy
1. Territorial and political subdivision of the State shall enjoy
genuine and meaningful local autonomy to enable them to attain
their fullest development as self-reliant communities and make
them more effective partners in the attainment of national goals.
2. Ensure accountability of LGUs through the institution of effective
mechanisms of recall, initiative and reference.
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Rules of Interpretation
1. Any provision on a power of a LGU shall be liberally interpreted in its favor; in
case of doubt, any question shall be resolved in favor of devolution of power.
2. Any tax ordinance or revenue measure shall be construed strictly against the LGU
enacting it and liberally in favor if the taxpayer.
3. Any tax exemption, incentive or relief granted by any LGU shall be construed
strictly against the person claiming it.
4. The general welfare provision shall be liberally interpreted to give more powers to
LGUs in accelerating economic development and upgrading the quality of life for
the people in the community.
5. Rights and obligations existing on the date of effectivity of this Code and arising
out of contracts or any other source of prestation involving a LGU shall be
governed by the original terms and conditions of said contracts or the law force at
the time of such rights were vested.
6. In the resolution of controversies arising under this Code where no legal provision
of jurisprudence applies, resort may be had to the customs and traditions in the
place where the controversies take place.
Powers in General
Sources
1. Philippine Constitution
2. Statutes
3. Charter
4. Doctrine of the right of self-government
Classification
1. express, implied, inherent
2. public, governmental, private or proprietary
3. intramural, extramural
4. mandatory, directory, ministerial, discretionary
Execution of powers
1. statute prescribes the manner of exercise – the procedure must be followed
2. statute is silent – LGUs have discretion to select reasonable means and methods
of exercise
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Governmental Powers
1. General Welfare
2. Basic Services and Facilities
3. Power to Generate and Apply Resources
4. Eminent Domain
5. Reclassification of Lands
6. Closure and Opening of Roads
7. Local Legislative Power
8. Authority over Police Units
General Welfare
¾ Exercise powers expressly granted, necessarily implied, and powers necessary,
appropriate or incidental for its efficient and effective governance and those
which are essential to the promotion of the general welfare
¾ w/ respective territorial jurisdiction,
1. preservation and enrichment of culture
2. promote health and safety
3. enhance the right of the people to a balanced ecology
4. encourage and support the development of appropriate and self-reliant
scientific and technological capabilities
5. improve public morals
6. enhance economic prosperity and social justice
7. promote full employment among its residents
8. maintain peace and order
9. preserve the comfort and convenience of their inhabitants
¾ general welfare clause – statutory grant of police power to LGUs
¾ Limitations
1. exercisable only within territorial limits EXCEPT for protection of water
supply
2. Equal protection clause
3. Due process clause (means employes are reasonably necessary and not
unduly oppressive for the accomplishment of the purpose)
4. not be contrary to the Constitution and the laws.
¾ Prohibited activities cannot be legalized in the guise of regulation.
¾ Activities allowed by law cannot be prohibited, only regulated.
¾ LGU may close a bank for failure to secure the appropriate mayor’s permit and
business licenses.
¾ LGU may not regulate the subscriber rate by CATV operators within its territorial
jurisdiction – jurisdiction of NTC; This does not mean that LGU cannot prescribe
regulations over CATV operators.
¾ Ordinance prohibiting the operation of casino is invalid for being contrary to the
Charter of PAGCOR (PD1869)
¾ Mayor authorized to issue permits and licenses for the holding of activities for
any charitable or welfare purposes.
¾ LLDA which has exclusive jurisdiction to issue permits for the enjoyment of
fishery privileges in Laguna de Bay
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8. local budget plans and goals shall, as far as practicable, be harmonized with
national development plans, goals, strategies in order to optimize the
utilization of resources and to avoid duplication in the use of fiscal and
physical resources
9. local budgets shall operationalize approved local development plans
10. LGUs shall ensure that theirs respective budget incorporate the
requirements of their component units and provide for equitable
allocation of resources among those
11. national planning shall be based on local planning
12. fiscal responsibility shall be shared by all those exercising authority over
financial affairs, transactions and operations of the LGUs
13. the LGU shall endeavor to have a balanced budget in each fiscal year of
operation
Eminent Domain
- Through chief executive and acting pursuant to an ordinance
- For public purpose/use/welfare, for the benefit of the poor and landless
- Payment of just compensation
- Valid and definite offer has been previously made to the owners and such offer
was not accepted
- LGU may immediately take possession:
1. upon filing of the expropriation and
2. making a deposit with the proper court of at least 15% of the FMV of the
property based on current tax declaration of the property
- Amount to be paid for the property shall be determined by proper court based on
FMV at the time of TAKING of the property.
- Additional Limitations
1. exercised by local chief executive, pursuant to VALID ordinance
2. public use or purpose or welfare, for the benefit of the poor and landless
3. after valid and definite offer has been made to and not accepted by the owner
- Power of eminent domain is expressly granted to the municipality under the LGC
- What is required by law is an ORDINANCE, not a resolution.
¾ Ordinance is a law while a resolution is merely a declaration of
sentiment or opinion of a law-making body on a specific matter
¾ 3rd reading is needed for an ordinance, not for a resolution unless
decided otherwise by a majority of the members of the Sanggunian
Reclassification of Lands
- City/municipality through ordinance passed after conducting public hearings
- Authorize reclassification of agricultural lands
- And provide for the manner of their utilization/disposition
- Grounds:
1. land ceases to be economically feasible and sound for agricultural
purposes as determined by Department of Agriculture
2. land shall have substantially greater economic value for residential,
commercial or industrial purposes, as determined by the sanggunian
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Corporate Powers
- LGUs shall enjoy full autonomy in the exercise of their proprietary functions and
in the management of their economic enterprises
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Rule: LGUs and their officials are NOT exempt from liability for DEATH or INJURY to
persons or DAMAGE to property
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¾ Attaches even if the road does not belong to the LGU, provided that the
City exercises control or supervision over said road.
2. Article 2180, CC: The State is responsible when it acts through special agents
3. Article 34, CC: The LGU is subsidiarily liable for damages suffered by a person
by reason of the FAILURE or REFUSAL of a member of the POLICE FORCE to
render aid and protection in case of danger to life and property.
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2. Practice of Profession
1. GOVERNORS, CITY and MUNICIPAL MAYORS are
prohibited from practicing their profession or engaging in any
occupation other than the exercise of their function.
2. SANGGUNIAN MEMBERS may practice their profession,
engage in any occupation, or teach in schools EXCEPT during
session hours.
¾ Provide that those who are also MEMBERS of the BAR
shall NOT:
1. appear as counsel before any court in any civil
case wherein the LGU is the adverse party
2. appear as counsel in any criminal case wherein
an officer or EE of the national or local
government is accused of an offense committed
in relation to his office
3. collect any fee for their appearance in
administrative proceedings involving the LGU
4. use property and personnel of the government
except when the sanggunian member is
defending the interest of the government.
¾ Prohibition against private practice, if such practice
represents interests adverse to the government.
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Disqualifications
1. sentenced by final judgment for an offense involving moral turpitude
or for an offense punishable by 1 year or more of imprisonment within
2 years after serving sentence
2. removed from office as a result of administrative case
3. convicted by final judgment for violating the oath of allegiance to the
Republic
4. dual citizenship
5. fugitives from justice in criminal or non-political cases here or abroad
6. permanent residents in a foreign country or those who have acquired
the right to reside abroad and continue to avail of the same right after
the effectivity of the Code
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7. insane or feebele-minded
Manner of Election
1. Governor, Vice-Governor, City or Municipal Mayor, City or Municipal
Vice-Mayor and Punong Barangay Æ elected at large
2. Sangguniang Kabataan Chairman Æ elected by registered voters of the
katipunan ng kabataan
3. Regular Members of the Sangguniang Panlalawigan, Panlungsod and
Bayan Æ elected by district.
4. Presidents of the leagues of Sangguinang Members of component cities
and municipalities Æ serve as ex-officio members of the sangguniang
panlalawigan
5. Presidents of the Liga ng mga Barangay and Pederasyon ng mga
Sangguniang Kabataan elected by their respective chapters Æ serve as ex-
officio members of the sangguniang panlalawigan, panlungsod or bayan.
6. 1 sectoral representative from women, worker and any of the ff:
a. Urban poor
b. Indigenous cultural communities
c. Disabled persons
d. Any other sectors as may be determined by the sanggunian
concerned w/in 90 days prior to the holding of the next local
election.
Date of Election
¾ Every 3 years
¾ 2nd Monday of may
¾ Unless otherwise provided by law
Term of Office
¾ 3 years starting from noon of June 30, 1992 OR such date as may be provided by
law
¾ Except that of barangay official
¾ No elective local official shall serve for more than 3 consecutive terms in the
same position
¾ Term of barangay officials and members of the sangguniang kabataan Æ 5 years
- 3-term limit on a local official is to be understood to refer to terms for which the
official concerned was elected.
- He must have been elected to the same position for the same number of times
before the disqualification can apply.
- Prohibited election refers to the next regular election for the same office following
the end of the third consecutive term. Any subsequent election, like a recall
election, is no longer covered by the prohibition:
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Rules on Succession
- Permanent vacancies:
1. fills a higher vacant office
2. refuses to assume office
3. fails to qualify
4. dies
5. removed from office
6. voluntarily resigns
7. permanently incapacitated to discharge the functions
a. Governor/Mayor Æ Vice-Governor/Vice-Mayor
b. Vice-Governor/Vice-Mayor Æ highest ranking sanggunian member
OR 2nd highest ranking, and subsequent vacancies shall be filled
automatically by the other sanggunian members according to their
ranking
¾ Ranking in the sanggunian member shall be determined on
the basis of the proportion of votes obtained by each winning
candidate to the total number of registered voters in each
district in the immediately preceding election.
¾ Mode of succession for permanent vacancies may also be
applied in cases of temporary vacancies.
c. Punong Barangay Æ highest ranking sanggunian barangay member
OR 2nd highest
¾ Tie between or among the highest ranking sanggunian
members shall be resolved by drawing lots.
d. Sanggunian member Æ where automatic succession do not apply:
1. appointment by PRESIDENT, through Executive Secretary
in the case of Sangguniang Panlalawigan or Panlungsod of
highly urbanized cities and independent component cities
2. apponted by GOVERNOR Æ sangguniang panlungsod of
component cities and the sangguniang bayan
3. appointed by CITY or MUNICIPAL MAYOR Æ
sangguniang barangay upon recommendation of the
sangguniang barangay concerned
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If local chief executive traveling within the country but outside his territorial jurisdiction
for a period not exceeding 3 consecutive days, he may designate in writing the officer-in-
charge of the office.
- Such shall specify the powers and functions
- If the local chief executive refuses to issue such authorization, the vice
governor/city or municipal vice-mayor or the highest ranking sanggunian
barangay member shall have the right to assume on the 4th day of the absence of
the local chief executive EXCEPT
1. power to appoint
2. power to suspend
3. power to dismiss
Compensation
determined by the Sanggunian concerned
elective barangay official:
1. honoraria
2. allowances and other emoluments, which in no case less that
P1,000/month for the punong barangay and P600 for the
sangguniang barangay members
Elective local officials entitled to the same leave privileges as those
enjoyed by appointive local officials, including cumulation and
commutation
Resignation
- deemed effective upon acceptance by the ff:
1. President – governor/vice-gov/mayor/vice-mayor of highly urbanized cities
and independent component cities
2. Governor – municipal mayors/vice-mayors/city mayors/vice-mayors of
component cities
3. Sanggunian concerned – sanggunian members
4. city or municipal mayor – barangay officials
- resignation is deemed accepted if not acted upon within 15 working days from
receipt
- irrevocable resignations by sanggunian members shall be deemed accepeted upon
1. presentation before an open session
2. duly entered un its record
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Grievance Procedure
- Local chief executive shall establish procedure
Discipline
Grounds – disciplined/suspended/removed
1. Disloyalty to the Philippines
2. Culpable violation of the Constitution
3. Dishonesty, oppression, misconduct in office, gross negligence, or
dereliction of duty
- Acts of lasciviousness cannot be considered misconduct; to
constitute a ground for disciplinary action, official charged with
the offense must be convicted in the criminal action
4. Commission of any offense involving moral turpitude or an offense
punishable by at least prision mayor
5. abuse of authority
6. unauthorized absence of 15 consecutive working days except in the case
of members of the sangguniang panlalawigan, panlungsod, bayan and
barangay
7. application for, or acquisition of, foreign citizenship or residence or the
status of an immigrant of another country
8. other grounds as may be provided in this code and other laws
- An elective local official may be removed from office on the above grounds by
order of the proper court.
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- On appeal from decision of the Sanggunian Panlalawigan, the President may stay
execution of appealed decision
- Decision of Sanggunian Panlalwigan must be:
1. in writing
2. state clearly and distinctly the facts and the reasons for the decisions
3. signed by the requisite majority of the sanggunian
Penalty
- Penalty of suspension shall not exceed his unexpired term or a period of 6 months
for every administrative offense
- Nor shall penalty be a bar to candidacy as long as he meets requirements
- Penalty of removal from office as a result of an administrative case shall be a bar
to the candidacy for any elective office.
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- Not more than 6 months for each offense; provide, the total does not exceed the
unexpired portion of his term
Effect of Re-election
- Bars continuation of administrative case against him
- Re-election is tantamount to condonation by the people
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15. Architect
16. Information Officer
17. Cooperatives Officer
18. Population Officer
19. Veterinarian
20. General Services Officer
Administrative Discipline – in accordance with civil service law and other pertinent laws
1. Preventive Suspension
- Local chief executive
- Period not exceeding 60 days
- Any subordinate officer or employee under his authority
- Pending investigation
- If the charge involves:
1. dishonesty
2. oppression
3. grave misconduct
4. neglect in the performance of duty
5. or if there is reason to believe that respondent is guilty of the
charges which would warrant removal
2. Disciplinary Jurisdiction
- Local chief executive may impose penalty of :
1. removal
2. demotion in rank
3. suspension for not more than 1 year without pay
4. fine in an amount not exceeding 6 months’ salary
5. reprimand
- If penalty is suspension without pay for not more than 30 days, decision
shall be final.
- If heavier, appealable to CSC which shall decide the appeal within 30 days
from receipt.
- Disciplinary authority over City Revenue Officer Æ City Treasure NOT Mayor.
V. INTER-GOVERNMENTAL RELATIONS
National Government
Power of General Supervision
- President over LGUs
- Supervisory authority directly over provinces, highly urbanized cities and
independent component cities.
- Through the Province with respect to component cities and municipalities
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Consultation
- Before project or program shall be implemented:
1. consultation
2. prior approval of sanggunian
- Provided, occupants in areas where such projects are to be implemented shall not
be evicted unless appropriate relocation sites have been provided.
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2. Sanggunian fails to effect a settlement within 60 days from the date the dispute
was referred to it, it shall issue a certification.
3. Dispute shall then be formally tried by the sanggunian, which shall decide the
issue within 60 days from the date of the certification.
4. within the time and manner prescribed by the ROC, any party may elevate the
decision of the sanggunian concerned to the proper RTC having jurisdiction over
the area in dispute which shall decide the appeal within 1 year from filing.
5. Settlement of boundary dispute between a municipality and an independent
component city in the same province Æ RTC in the province that can adjudicate
the controversy.
6. The boundaries must be clear for they define the limits of the territorial
jurisdiction of the LGU. It can legitimately exercise powers of government only
within the limits of its territorial jurisdiction. Beyond these limits, its acts are ultra
vires.
Local Initiative
¾ It is the legal process whereby the registered voters of a local government unit
may directly propose, enact or amend any ordinance.
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Procedure
1. Petition filed with the sanggunian proposing the adoption, enactment, repeal
or amendment of an ordinance
¾ Not less than 2,000 registered voters in the region
¾ Not less than 1,000 registered voters in cases of provinces and cities
¾ Not less than 100 voters in case of municipalities
¾ Not less than 50 voters in case of barangays
2. If no favorable action taken, within 30 days from presentation, the proponents
through their duly authorized and registered representatives, may invoke their
power of initiative, giving notice to the sanggunian concerned.
3. The proposition shall be numbered serially – starting from Roman Numeral I.
Two or more propositions may be submitted in an initiative. The COMELEC
or designated representative shall extend assistance in the formulation of the
proposition.
4. Proponents collect the required number of signatures within
¾ 90 days in case of provinces and cities
¾ 60 days in case of municipalities
¾ 30 days in case of barangays
¾ From NOTICE
5. The petition shall be signed before the election registrar or his representative,
in the presence if the a representative of a proponent and a representative of
the sanggunian in a public place in the local government unit.
6. Lapse of the period, COMELEC shall certify as to whether the required the
number of signatures has been obtained. Failure to obtain the required number
of signatures. Failure to obtain the required number of signatures defeats the
proposition.
7. If required number is obtained, the COMELEC shall set a date for the
initiative during which the proposition is submitted to the registered voters for
their approval:
¾ w/in 60 days in case of provinces
¾ w/in 45 days in case of municipalities
¾ w/in 30 days in case of barangays
¾ from date of CERTIFICATION by COMELEC.
The initiative shall be held on the date set, after which the results shall be
certified and proclaimed by the COMELEC.
8. If the proposition is approved by a majority of the votes cast, it shall take
effect 15 days after certification by the COMELEC.
Limitations
On Local Initiative
1. not be exercised more than once a year
2. extend only to subjects or matters which are within the legal
powers of the sanggunian to enact
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On the Sanggunian
¾ Any proposition or ordinance approved through an initiative and
referendum shall not be repealed, modified or amended by the sanggunian
w/in 6 months from date of approval.
¾ Amended, modified or repealed w/in 3 years by a vote of all its members.
¾ In case of barangays, the period shall be 18 months after the approval.
Local Referendum
¾ Legal process whereby the registered voters of the LGUs may approve, amend or
reject any ordinance enacted by the sanggunian.
¾ The local referendum shall be held under the control and direction of the
COMELEC:
1. w/in 60 days in case of provinces
2. w/in 45 days in case of municipalities
3. w/in 30 days in case of barangays
¾ COMELEC shall certify and proclaim the results of the said referendum.
Authority of Courts
¾ Nothing shall preclude the proper courts from declaring null and void any
proposition approved pursuant for violation of the Constitution or want of
capacity of the Sanggunian concerned to enact said measure.
The Barangay
¾ The Sangguniang Barangay may form brigades and create such other positions or
offices as may be deemed necessary to carry out the purposes of the barangay
government.
¾ Punong Barangay, Sangguniang Barangay Members and members of the Lupong
Tagapamayapa in each barangay shall be deemed as Persons in Authority in their
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jurisdiction; while other barangay officials and members who may be designated
by law or ordinance and charged with maintenance, protection and security, and
any barangay members who comes to the aid of persons in authority shall be
deemed agents of persons in authority.
¾ Barangay Chairman is a public officer who may e charged with arbitrary
detention.
¾ Barangay Chairman entitled to possess and carry firearms within the territorial
jurisdiction of the barangay.
Katarungang Pambarangay
Lupong Tagapamayapa
¾ Punong barangay as chairman
¾ 10 to 20 members
¾ Constituted every 3 years
Pangkat ng Tagapagkasundo
¾ Conciliation panel or Pangkat ng Tagapagkasundo shall be
constituted for each dispute brought before the lupon.
¾ Consists of 3 members
Chosen by the parties to the dispute
From list of members of the lupon
Should the parties fail to agree on the pangkat
membership, the same shall be determined by lots
drawn by the lupon chairman
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1. procedure
2. conciliation
3. arbitration
4. effects of settlement and arbitration award
Sangguniang Kabataan
- Creation: There shall be in every barangay a Sangguniang Kabataan
1. a Chairman
2. 7 Members
3. a secretary
4. a treasurer
- An official who, during his term of office, shall have passed the age of 21 shall be
allowed to serve the remaining portion of the term for which he was elected.
Katipunan ng Kabataan
Shall be composed of:
1. all citizens of the Philippines actually residing in the barangay for
at least 6 months
2. who are 15 but not more than 21 years of age
3. duly registered in the list of the sangguniang kabataan or in the
official barangay list in the custody of the barangay secretary.
It shall meet once every 3 month, or at the call of the sangguniang
kabataan chairman, or upon written petition of at least 1/20 of its
members.
League of Municipalities
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