UP College of Law

Part I Local Governments: Creation, Merger, Abolition and Powers

CONSTITUTIONAL BASIS Art X, 1987 Constitution Section 1. The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided. Section 2. The territorial and political subdivisions autonomy. Section 3. The Congress shall enact a local government code which shall provide for a more responsive and
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accountable

local

government

structure instituted through a system of decentralization with effective

mechanisms of recall, initiative, and referendum, allocate among the

different local government units their powers, resources, responsibilities, and provide for and the

qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of local units. shall enjoy local

Local Government

Section 4. The President of the Philippines shall exercise general supervision over local governments. Provinces with respect to component cities and municipalities, and cities and municipalities with respect to component barangays shall ensure that the acts of their component units are within the scope of their

Chapter 2, RA 7160 (Sec 6 10) Sec. 6. Authority to Create Local Units. A local

Government

government unit may be created, divided, merged, abolished, or its boundaries substantially altered

either by law enacted by Congress in the case of a province, city,

prescribed powers and functions. Section 5. Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees, and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local

municipality, or any other political subdivision, or by ordinance passed by the sangguniang panlalawigan or sangguniang panlungsod concerned in the case of a barangay located within subject its to territorial such jurisdiction, and

limitations

requirements prescribed in this Code. Comment: Congress has the power to create or abolish a province, city, municipality, or any other political

autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments.
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subdivision. panlalawigan

The or

sangguniang sangguniang

(b)

Population.

It shall be

determined as the total number of inhabitants within the territorial

panlungsod has the power to create and abolish barangays located within its territorial jurisdiction Sec. 7. Creation and Conversion.

jurisdiction of the local government unit concerned; and (c) Land Area. It must be

As a general rule, the creation of a local government unit or its

contiguous, unless it comprises two (2) or more islands or is separated by a local government unit independent of the others; properly identified by metes and bounds with technical descriptions and sufficient to provide for such basic services and facilities to meet the requirements of its populace. Compliance with the foregoing

conversion from one level to another level shall be based on verifiable indicators of viability and projected capacity to provide services, to wit: (a) Income. It must be sufficient,

based on acceptable standards, to provide for all essential government facilities and services and special functions commensurate with the size of its population, as expected of the local government unit concerned;

indicators shall be attested to by the Department of Finance (DOF), the National Statistics Office (NSO), and the Lands Management Bureau

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Local Government

(LMB)

of

the

Department

of

Municipality of Jimnez v. Baz Jr. (265 SCRA 182)

Environment and Natural Resources (DENR). Mariano v. Comelec (242 SCRA 211) Facts: Petitioners assail the

Facts: EO 258 creating the Mun. of Sinacaban contained a technical

description of its land area. Based on said EO 258, Sinacaban claimed portions of several barrios previously thought to be part of the Mun. of Jimenez. The latter Municipality

Constitutionality of RA 7859 on the ground that it did not properly identify the land area or territorial jurisdiction of Makati by metes and bound. Held: The petitioners in the case have not demonstrated that the delineation of the land area of the proposed area of Makati (without metes and as bounds) to its will cause

asserted jurisdiction in the claimed portion on the basis of an agreement entered into in 1950 with Sinacaban, approved by the Provincial Board. Held: The technical description,

confusion

boundaries.

containing the metes and bounds of a municipalitys territory staed in EO 258 creating Sinacaban, binding. the Municipality of Oriental is

Congress has refrained from using metes and bounds description of land areas of other local government units.

Misamis

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Sec. 8.

Division and Merger.

changes in their financial position resulting from the increased

Division and merger of existing local government units shall comply with the same requirements for their herein creation: such

revenues as provided herein. Sec. 9. Abolition Units. of A Local local

prescribed Provided,

Government

however,

That

government unit may be abolished when its income, population, or land area has been irreversibly reduced to less than the minimum standards prescribed for its creation under Book III of this Code, as certified by the national agencies mentioned in

division shall not reduce the income, population, or land area of the local government unit or units concerned to less than the minimum

requirements prescribed in this Code: Provided, further, That the income classification of the original local government unit or units shall not fall below its current classification prior to such division.

Section 7 hereof to Congress or to the sangguniang concerned, as the case may be. The law or ordinance abolishing a

The income classification of local government units shall be updated within six (6) months from the

local government unit shall specify the province, city, municipality, or barangay government with unit which the to local be

effectivity of this Code to reflect the

sought

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Local Government

abolished will be incorporated or merged. Comment: The Code now lays down three important indicators of viability in the creation of local government units namely: income, population and land area. Sec. 10. No Plebiscite Requirement. division, merger,

ordinance

effecting

such

action,

unless said law or ordinance fixes another date. Abbas v. COMELEC (179 SCRA 278) Held: There is no conflict between the power of the President to merge administrative Constitutional region provision, with the

creation,

requiring

abolition, or substantial alteration of boundaries of local government units shall take effect unless approved by a majority of the votes cast in a plebiscite called for the purpose in the political unit or units directly affected. Said plebiscite shall be conducted by the Commission on Elections (Comelec) within one

plebiscite in the merger of local government units because the

requirement of the plebiscite in a merger expressly applies only to provinces, cities, municipalities or barangays, regions. City of Pasig v. COMELEC 314 SCRA 179 not administrative

hundred twenty (120) days from the date of effectivity of the law or
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Facts: Karangalan Village petitioned that they be segregated from Brgy.

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Manggahan and Dela Paz, Pasig. Plebiscite was scheduled but the Mun. of Cainta moved to suspend due to a pending case in RTCAntipolo, Rizal for settlement of boundary dispute.

plebiscites for creation of proposed barangay maybe held.

Held: A case involving a boundary dispute between local government units presents a prejudicial question which must first be decided before

ARTICLES Public

AND

REFERENCES Corporations, expressly authorized by law or

Chapters 1-6 (Martin) CHAPTER ONE: General Principles A corporation is an artificial being created by operation of law, having the right of succession and the powers, attributes, and properties

incident to its existence. It exists only in contemplation of law. A corporation is a legal institution devised to confer upon the

individuals of which it is composed powers, privileges, and immunities

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which they would not otherwise possess, the most important of which are continuous legal identity or unity, and perpetual under or the indefinite corporate successive

profit and advantage of their own members and be cannot granted

constitutionally

governmental powers. These are created by the will of the incorporators with the

succession name,

notwithstanding

changes by death or otherwise, in the corporators or members. Classes of corporations 1. Public formed or organized for the government of a portion of a State for the

recognizance of the State. Public vs Private Consider as criterion the relation of the

corporation to the State. If it is created by the State as its own agency or instrumentality to help it carry out its governmental functions, then it is public. Otherwise, it is private. 3. Quasi-publicprivate corporations that render public service or supply public wants; while purposely organized for the gain or benefit of its

accomplishment of parts of its own public works. These are created by State either by special or general act. 2. 2. Privateformed for some private purpose, benefit, aim or end; organized wholly for the
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members,

the

law

requires

possess liabilities

the of

powers

and

them to discharge functions for the public benefit (i.e. utility companies). Private vs Quasi public Consider as criterion the service the

self-governing Instead, relate and their to not

corporations. powers matters municipal

generally of State,

concerns.

Thus,

corporation renders to the public. If a corporation performs a public

although they are public in nature, they cannot be strictly considered municipal

sovereign power, even though its incorporators intend to obtain profits from its undertaking, it is quasipublic. Classes of public corporations 1. Quasi-Corporationspublic corporations created as

corporations because of their limited number of corporate powers and low grade of

corporate existence. The main purpose of their creation is to aid the State in, or to take charge of, some public or state work other than community government for the general welfare. 2. 2. Municipal corporations
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agencies of the State for a narrow and limited purpose. They differ from other public corporations in that they do not

Local Government

CHAPTER TWO: Nature, elements, kinds and history of municipal Corporations A municipal corporation is a body politic constituted by the

corporations are granted charters for the better government of particular areas or districts. Municipal corporation vs public

corporationAll

municipal

incorporation of the inhabitants of a city or town for the purpose of its local government. It is established by law partly as an agency of the State to assist in the civil government of a country, but chiefly to regulate and administer the local or internal affairs of the city/town/district which is

corporations are public corporations, but not all public corporations are municipal corporations. Municipal

corporations refer to incorporated villages, towns, and cities with

powers of local administration. Elements: 1. A legal creation or

incorporated. Courts regard these as subordinate branches of government of the State exercising (municipal delegated administration of powers as an state Municipal

incorporation; 2. A corporate name by which the legal entity is known and in which all corporate acts are done;

instrumentality administration).
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3. Inhabitants

constituting

the

and distinguishing feature is the power of local government. 2. Quasi-municipal corporation same as a quasi-corporation, i.e. it operates directly as an agency of the State to help in the administration of public

population invested with the political and corporate powers which are exercised through duly constituted officers and agents; 4. Place or territory within which the local civil government and corporate exercised. Kinds: 1. Municipal Corporation Proper incorporated cities/towns/villages with the power invested of local functions are

functions. Municipal corporation proper vs quasi municipal corporation When

invested with the power of local government, the municipal

corporation as an agency of the state becomes a municipal corporation proper. Consider as criterion the voluntary or involuntary nature of the corporation; the existence or nonexistence of a charter; and whether the purpose of the corporation is

legislation. These exist and are governed by their respective charters. Its distinctive purpose

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solely a governmental agency or one for self-government. Municipal corporation proper vs quasi corporation Both are agents of the state for limited and narrow purposes but have different Municipal powers and

concurrent inhabitants

action (West

from Chicago

the Park

Commissioners vs Chicago). Purposes: 1. To serve as an agency or instrumentality of the state in carrying out the functions of government which the state cannot conveniently exercise (i.e. tax collection, assessment of property, enforcement of police regulations) 2. To act as an agency of the inhabitants in the regulation and operation of municipal

liabilities.

corporations

proper are created either by the direct solicitation or by the free consent of the persons composing them while quasi corporations (also called involuntary corporations) are only local organizations which, for purposes of civil administration, are invested with some characteristics of corporate existence. They are local subdivisions of the state, created by the sovereign legislative power of its own sovereign will and without any particular
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franchises and public utilities, and the promotion of their and local of

management affairs (i.e.

solicitation,

consent

or

maintenance

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water system, ferries, wharves). In this character, they act as separate entities for their own purposes subdivisions and of not the as State

local affairs which are beyond the sphere of for the which powers vs City public its are of

purposes

governmental conferred (Villa

(Lidasan vs COMELEC). Dual nature : Two-fold character: 1. PublicMunicipal corporation

Manila, Surigao Electric Co. Inc. vs Municipality of Surigao). Origin and history England Municipal corporations can be traced back to the farmer

acts as an agent of the State for the government of the

territory and inhabitants within the municipal limits. It exercises by delegation a part of the sovereignty of the State. 2. PrivateMunicipal corporation acts as a business corporation with functions not strictly It

commonwealths of the Teutons, and each wick, ham, stead, or tun took its name form the winsmen who lived there. United States Early American

municipal corporations were similar to English municipalities of the 18th century. Prior to the revolution, local governments in the nature
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governmental or

political.

sees to the administration of

of

Local Government

municipalities existed in the American colonies by prescription, sovereign recognition or by virtue of special charters from the sovereign. Philippines under the Spanish

of

police.

Elections

for

these

municipal offices were held annually. Barangays were administered by cabezas de barangay whose

principal duties were to act as agents for the collection of taxes. They paid no tribute on their own account and were members of the principalia, the voting and privileged class. The position was originally hereditary and breaks were filled by appointments, but eventually, the position became elective and service compulsory. The Maura Law constituted a

Regime The basic unit of local administration was the pueblo,

composed of numerous barrios, and governed by the cabeza de

barangay, an honorific title continued by the Spaniards. Towns were

organized, under the government of a gobernadorcillo, also called capitan, who represented the provincial

governor as the arbiter of local questions, collected taxes, assisted the parish priest and entertained visiting officials. He was assisted by tenientes (deputies), alguaciles

municipal council of 1 captain and 4 lieutenants, in charge of the active work of governing the municipality, such as administration of public works and the details of taxation. These positions were honorary, and

(subordinate employees) and chiefs

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each of the members was required to have special qualifications. The

establishment

of

municipal

governments, giving the natives of the islands the opportunity to

Governor General, provincial council and provincial governor retained over the

manage their own local affairs to the fullest extent of which they are capable, and subject to the least degree of supervision and control which a careful study of their

disciplinary

jurisdiction

council and its individual members. Philippines under the American

Regime General Order No. 43, series of 1899 first provided for the government of municipalities. This was superseded by General Order No. 40, series of 1900, promulgated by the Military Governor, supposedly to give the Filipino people the right to elect their municipal officers, only slightly restricted President by certain

capacities and observation of the workings of native controls show to be consistent with the maintenance of law, order and loyalty. The Philippine Commission passed Act No. 82 on January 31, 1901, providing for the organization and government of municipalities and Act No. 83 on February 5, 1901, for the organization were later of provinces. modified in These the

conditions.

McKinleys

instructions to the 2nd Philippine Commission also directed the body to devote their attention to the

Administrative Code.
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Local Government

CHAPTER

THREE:

Creation

of

determining whether such conditions exist.

Municipal Corporations The power to create municipal

Certain conditions are needed in order to obtain a municipal

corporations is essentially legislative, exclusive and practically unlimited. Aside from the legislature, his martial the law

corporations incorporation as a city or a town. Such conditions may refer to extent of area, nature of the territory, the character of the land and the uses to which it may be devoted, the number of inhabitants, and the density and location of the area to be incorporated. Creation of municipal corporations In the Philippines, there is a general municipal law (Chapter 57 of the Administrative Code) under which the municipalities in regularly organized provinces were organized and a special municipal law (Chapter 64 of

President powers powers

under can and

exercise create

legislative municipal

corporations. In the absence of a Constitutional provision permitting it, this power cannot be to delegated any by the or

legislature subordinate

inferior or

tribunal

board.

However, it can pass a general law for the incorporation of municipal corporations, giving the conditions on which they may be created, and

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the Administrative Code) under which municipalities in the specially

Under

Sec

68

of

the

Revised

Administrative Code, the President may by executive order define the boundaries of any province, sub province, municipality or any political subdivision, decrease the and increase or

organized provinces were organized. The legislature may, by special act organize chartered cities in the

Philippines. Under the Local Government Code, a barangay may be created, named, and its boundaries defined by an ordinance of the or Sangguniang Sangguniang

territory

comprised

therein, separate any political division other than a province into such portion as may be required, merge any of such subdivisions or portions with another, name any new

Panlalawigan

Panlungsod, subject to the approval of the majority in a plebiscite called for the purpose by the COMELEC to be held in the units affected within such a period of time as may be determined by the ordinance creating the said barangay.

subdivision so created and change the seat of government within any subdivision, to such place as the public welfare may require, provided that the authorization of Congress shall first be obtained whenever the boundary of any province or subprovince is to be defined or any
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province is to be divided into one or more sub provinces (**Note that this provision was later declared

rapid change both in development and population. The proper regulation of this may require prompt action of such detailed character as not to permit the legislative body to

unconstitutional and repealed by RA No. 5185). Municipality of Cardona vs

undertake efficiently. Pelaez vs Gimenez (December 24, 1965) HELD: Sec. 68 of the Revised Administrative Code does not meet the requirements for a valid

Binangonan (36 Phil. 547) HELD: Sec 1 of Act No. 1748 which conferred upon the Governor General the power to enlarge, constrict or otherwise change the boundary of a province, sub-province, municipality or township does not constitute an abdication of legislative functions with regard to this particular subject

delegation of power to fix the details in the enforcement of a law. It does not enunciate any policy to be carried out or implemented by the President. Neither does it give a standard sufficiently precise. Although the last clause of the first sentence of Sec. 68 gives the President the power to change the seat of the government

matter. It is simply transference of certain details with respect to and

provinces,

municipalities

townships, many of them newly created, and all of them subject to

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within any subdivision to such place as the public welfare may require, the phrase as the public welfare may require qualifies not the clauses preceding the one just quoted, but only the place to which the seat of government may be transferred. Calalang vs Williams (70 Phil 726) and People vs Rosenthal (68 Phil 328) upheld public interest and

would

no

longer

be

any

legal

impediment to statutory grant of authority to the President to do anything, which, in his opinion, may be required by public welfare or interest. Such grant of authority would virtually be an abdication of power of Congress in favor of the Executive. The power of control under Sec 10(a) Art X of the Constitution (at the time) implies the right of the President to interfere in the exercise of the discretion vested by law in the officers of the executive departments, bureaus or offices, as well as to act in lieu of such offices. With respect to local governments, the fundamental law permits the President to wield no more authority than of checking
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welfare as sufficient standards for a valid delegation of authority to

execute a law. However, this doctrine must be construed in the relation to the specific facts and issues involved in these cases, outside of which they do not constitute precedents and have no bonding effect. If the validity of the delegation of power in Sec 68 were upheld, there

Local Government

whether said local governments or their officers perform their duties as provided by statute. Essential incorporation Corporations 1. Territory requisites of for the

The

Barrio 500

Charter as

(RA the

2370)

specifies

minimum

number of inhabitants required for the creation of a barrio, and inasmuch as municipalities are composed of

Municipal

barrios, there should be at least 500 inhabitants to comply with the

requirement as to population. 3. The Charter charter usually invests the

In the United States, it is within the power of the legislature, subject only to constitutional restrictions to

determine the nature and extent of the territory to be incorporated and to prescribe the minimum or maximum area which may be incorporated. Aside from whatever restriction the constitution may impose, the area incorporated must be contiguous. 2. Population

people of the place with the power of local government, determines the form of government of the municipal entity and defines its rights, powers and obligations. It is conferred for political purposes. The rule requiring assent of the inhabitants for incorporation of a municipal corporation to be effective

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is not applicable in the Philippines. However, under the new Constitution, the creation of a political division should be subject to the approval of majority of the votes cast in the units affected. Municipal corporations may also exist through prescription. Its existence will be presumed in where it is shown that the community has claimed and exercised corporate functions, with the knowledge and acquiescence of the legislature, and without

considered a de facto municipal corporation, if the following requisites are complied with: 1) a valid law authorizing incorporation; 2) an

attempt in good faith to organize under it; 3) a colorable compliance with the law, and; 4) an assumption of corporate powers. Municipality of Malabang vs Benito (March 28, 1968)

HELD: In cases where a de facto municipal corporation was

recognized as such despite the fact that the statute creating it was later invalidated, the decisions could fairly be made to rest on the consideration that there was some other valid law giving corporate vitality to the

interruption or objection for a period long enough to afford title by

prescription. A corporation may exist in fact although not in point of law because of certain defects in some essential features of its organization. It may be

organization. In the present case, the mere fact that the municipality of
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Balabagan was organized at a time when the statute had not been invalidated cannot make it a de facto corporation, because independently of Sec 68 of the Administrative Code, there is no other valid statute to give color of authority to its creation. An unconstitutional act is not a law; it is, in legal contemplation, as inoperative as though it had never been passed. Attack against the validity of

But this rule applies only where the municipal corporation is at least a public corporation. Where it is neither a corporation de facto or de jure but a nullity, its existence may be

questioned collaterally or directly in any action or proceeding by anyone whose rights or interests are affected thereby, including the citizens of territory incorporated unless they are estopped from doing so (Municipality of Malabang vs Benito). The principle of estoppel applies to an individual who wants to attack the validity of incorporation of a municipal corporation. Where an individual

incorporation The validity of incorporation and the corporate existence of a municipal corporation may not be attacked collaterally. It may be challenged only by the State in a direct proceeding such as quo warranto.

dealt with it and acquiesced in the exercise of its corporate functions, or where he has entered into a contract with the said corporation, he may be

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estopped existence.

to

deny

its

corporate

its executive and a majority of the member s of its legislative body unless some other time is fixed therefor by law (Sec 6). A distinction the should creation be of made the

A person or private corporation may likewise be precluded by laches from attacking the validity of the

incorporation of a municipality. Beginning of corporate existence The legal existence of a municipal corporation is to be determined by the law creating it. However, where the law is silent as to the beginning of its corporate existence, the rule is that this shall commence from the moment the law or charter creating it becomes effective.

between

corporation as a legal entity and the organization of its government. The first should precede the second. The organization of the government of a municipal corporation presupposes necessarily the previous existence of the said corporation at the time its government is organized (Mejia vs Balolong, GR No L-1925, 1948). Carreon vs Carreon (April 30, 1965)

Under the Local Government Code, when a new local government unit is created, its corporate existence shall commence upon the qualification of

HELD: The existence of the City of Dagupan as a corporate body is incompatible existence with of the the continued municipal
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government of Dapitan. Sec 86 of RA 3811 creating the City of Dagupan out of the municipality of Dapitan can only mean that the municipal officials become city officials upon approval of the city charter. So when petitioners filed their certificates of candidacy for the positions in the city government, they filed their certificates to the same positions that they were

shown by reputation or by long use of its corporate powers, or by legislative grants necessarily implying a town corporation. CHAPTER dissolution Corporations A municipal corporation cannot, 4: Alteration of and

Municipal

without legal authorization, exercise its powers beyond its own corporate limits. It is therefore necessary that it must have its boundaries fixed,

holding, and could not be considered resigned therefrom under the old Election Code. The existence of a municipal

definite and certain, in order that they may be identified and that all may know the exact scope or section of territory and geographical division embraced in the corporate limits and over which the local corporation has jurisdiction. An incorporation is void where the boundaries of the

corporation may be proved by its record of incorporation or charter. In the absence of a charter, its

incorporation may be shown by parol evidence, at least to prove a de facto existence. Its existence may also be
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municipal

corporation

are

not

cognizance of the dispute. The case shall be decided by the said court within 1 year from the start of the proceedings and appeal may be taken from the decision within the time and manner prescribed by the Rules of Court (Sec 79, Local

described with certainty. With respect to disputes as to jurisdiction of municipal governments over areas or barangays, these shall be heard and decided by the

Sangguniang Panlalawigan of the province where the municipalities concerned are situated. Where the areas or barangays in dispute are claimed by municipalities situated in different provinces, the Sangguniang Panlalawigan involved shall jointly hear and decide the dispute. In case no settlement is reached within 60 days from the date was referred to the Sangguniang Panlalawigan

Government Code). Boundary disputes within barangays within the same city or municipality shall be heard and decided by the Sangguniang Panlungsod or

Sangguniang Bayan concerned for the purpose of affording the parties an opportunity to reach an amicable settlement. In case no amicable settlement is reached within 60 days from the date the dispute was referred to the Sangguniang

concerned, said dispute shall be elevated to the Regional Trial Court by the province which first took

Panlungsod or Sangguniang Bayan,

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the case shall be heard and decided by the Regional Trial Court by the of the province or city where the

2. dividing a municipal corporation into 2 or more separate

municipalities; 3. merging or consolidating 2 or more separate municipalities into 1; 4. annexing one municipality to another; 5. repealing its charter. Effects of annexation or

barangays concerned are located within 1 year from the start of court proceedings. Appeal may be taken decision within the time and manner prescribed by the Rules of Court (Sec 80, Local Government Code). In the absence of any Constitutional prohibition, the Congress may alter or dissolve municipal corporations by: 1. fixing, altering, or changing the boundaries of municipal

consolidation 1. On the legal existence of the territory otherwise annexedprovided, Unless the

corporations for the purpose of enlarging territory; or decreasing its

annexation of one municipal corporation to another will

dissolve the annexed territory.

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2. On the laws and ordinances of the annexed corporations- In the absence of a provision to the contrary, shall to the by the be annexed become and the is

4. On the title to the property of the annexed territoryThe

annexing territory shall acquire title to the property of the annexed territory at the time of the annexation unless the

territory subject

laws which

ordinances annexing governed.

annexing

statute

provides

corporation

otherwise. When the annexed territory forms part of a

3. On the right of officers or employees of the annexed

municipality from which it is taken, the legislature may

corporation to continue to hold their offices- Subject to what the legislature provides upon annexation, the officers and employees of the annexed

provide for the payment of compensation indebtedness for incurred the on

account of the property taken. Public buildings and

territory shall terminate their official offices. relation with their

improvements in the annexed territory are not required to be paid for by the annexing

territory, as they have already

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been paid for by the annexed territory. However, if any

2. On the property, powers and rights of the original

indebtedness on these exists, the annexing territory must be required to share in the

corporation- Unless the law provides otherwise, when a municipal corporation is divided into 2 or more municipalities, each municipality acquires title to all the property, powers, rights and obligations falling within its territorial limits. Limitations on the power to dissolve municipal corporations 1. by an express provision in the Constitution prohibiting the

payment of said indebtedness. 5. On the debts and obligations of the annexed territory- Those contracted prior to the

annexation shall be assumed by the annexing territory in the absence of any provision to the contrary. Effects of division 1. On the legal existence of the original corporate original corporationexistence of The the is

legislature to dissolve municipal corporations; 2. those provisions in the

municipality

Constitution affording protection

extinguished.
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to the rights, property and contracts of the inhabitants. Unless the Constitution has conferred such power, the courts have no power to dissolve However, municipal they can

its

dormant

functions

could

be

revived without action on the part of the sovereignty from which in theory of law, corporate life originally came. In the absence of a statute, a municipal corporation is not dissolved by the mere failure to elect or appoint its officers and agents to conduct its government. The officers do not constitute a corporation. Rather, the inhabitants of the designated locality are the corporators. Vilas vs City of Manila (42 Phil 953) HELD: The juristic identity of the corporation has in no wise been affected by the change of

corporations.

declare the act of the legislature creating illegal. Municipal corporations cannot bring about their own dissolution by a mere surrender of their charter. A a municipal corporation

municipal corporation is not ipso facto dissolved or destroyed by nonuser of its powers in whole or in part, or for its failure for a number of years to exercise the functions if a

sovereignty, and in law, the present city is in every legal sense the successor of the old. As such, it is entitled to the property and property
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municipality. In such cases, the municipal corporation would be

suspended but not civilly dead, since

Local Government

rights of the predecessor corporation and is subject to all of its liabilities. The mere change of the sovereign authority governing a country does not necessarily dissolve the

may impose subject to Constitutional limitations. CHAPTER FIVE: Legislative

control and Executive supervision over Municipal Corporations Limitations on legislative control 1. Constitutional Limitations a. Those relating to the protection property b. Those preventing the of private

municipal

corporation

organized

under the former sovereign. Only such governmental functions as are incompatible sovereignty suspended. Dissolution of a municipal corporation through the repeal of its charter or otherwise, without any provision for reincorporation, destroys and puts an end to the existence Its of the and with may the be present

considered

impairment of contractual obligations c. Those uniformity prescribing of law a and

corporation.

territory

inhabitants are then subject to such governmental functions as the State

prohibiting special or local legislation

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2. Limitations depending on the nature of the rights and powers exercised by the municipality a. a) In matters that relate to private powers or rights, the corporation is the

Unless prohibited by the Constitution, the charter, being a creation of the State may be modified, amended or repealed by the legislature when it is deemed necessary or advisable (US vs Joson, 26 Phil 1) Provisions of the charter relating to public or governmental matters do not constitute a contract within the impairment clause of the

agent of the inhabitants, and is assumes the

character and relations of private individuals, and it is not subject to the

Constitution, so the legislature has absolute power to amend or alter them at will. Provisions of the charter granting rights, powers or privileges to the municipality for its own private interest may be considered as a contract, falling within the protection of the impairment clause.

absolute control of the legislature. In matters that relate to public or governmental powers or rights, the corporation is the agent of the State and is subject to its control. Legislative control over the municipal charter

Legislative control over the form of government

31 D2010

Local Government

The legislature can change the form of government of a municipal

Legislative control over municipal officers Subject to the Constitution, the

corporation since it is a mere incident of their creation or existence, which the legislature has absolute and unlimited control over. The right of local self government is not inherent in municipalities and the legislature has the absolute power to deprive them of their rights to govern themselves in local affairs. In order to deprive the people of the right of local self government or any power vested by law in the

legislature has absolute discretion in providing for the manner of selection and appointment of the officers to administer the public and

governmental affairs of the municipal corporation (i.e. justices of the peace, policemen), but the municipality may not be deprived of the right to select the officers who will administer the private affairs of the municipality (i.e. caretakers of municipal parks or streets). The distinction lies in the nature of their functions. Legislative control over municipal property

municipality, it must be upon express terms of the legislature (City of Manila vs Manila Electric Railroad and Light Co, 26 Phil 89).

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UP College of Law

Property which the municipality has acquired in its public or governmental capacity is under the complete

character as a private individual. The legislature constitutional dealing with is subject restrictions such property to the when and

control of the legislature. The State, at its pleasure, the may power modify of or the

cannot control it, except through a valid exercise of police power or by taking of private property upon

withdraw

municipality to hold and manage its property. It may take such property without compensation, conditionally or unconditionally, despite protest from the citizens. It may require the municipality to spend its funds for the acquisition and maintenance of such property regulation and for provide the for use any and

payment of just compensation. Clinton vs Rapids, et al (24 Iowa 465) HELD: Public streets are not the private property of the city; it cannot alienate or use them for other than legitimate purposes. And over the use of such property acquired,

dedicated under the statutes to the public use, the legislature, so far as regards the rights of public

management thereof which it may deem to be for the public interest. Property which the municipality

corporations, possesses an unlimited control and therefore can divert the use of the same for some other
33 D2010

acquired in its private or proprietary capacity is held by it in the same

Local Government

public purposes. In this case, the legislature can authorize the railroad company to lay its tracks on the streets of the city. Proprietors of Mt. Hope Cemetery vs City of Boston (153 Mass 509) HELD: The legislature has no power to require the city to transfer the cemetery to the corporation without compensation, because a cemetery is within the class of property which the city owns in its private or proprietary character. Ownership of such class of property is protected under the Constitution in that it cannot be taken without the payment of just compensation to the city. Province of Zamboanga del Norte vs City of Zamboanga (March 28, 1968) HELD: RA No 3039 which provides
D2010 34

that all buildings, properties and assets belonging to the former

Province of Zamboanga and located within the City of Zamboanaga are transferred to the city free of charge, is valid insofar as it affects lots used as the capitol site, school site and its grounds, hospital and leprosarium sites because they are truly private in nature. With respect to the 26 lots, the province of Zamboanga del Norte cannot be deprived of its share in their value inasmuch as said lots are patrimonial properties since they are not being utilized for distinctly

governmental purposes. Legislative control over public utilities Unless the Constitution provides

otherwise, municipal regulations over the operation of a water, light or gas

UP College of Law

company prevail against national or state regulations, because these

determining the number of working hours of laborers. Execution of municipal contracts is subject to the requirements and restrictions in Secs 606-608 of the Revised Administrative Code. Legislative control over municipal

involve the exercise of the proprietary or business functions of the

municipality. However, the service and rates of the public utility may be subject to state regulation. Legislative control over municipal contracts

funds and revenues The legislature has absolute control

Municipal contracts are regulated or controlled by the general legislation applicable to either all municipal corporations created thereafter or existing ones. The legislature may prescribe the methods of making municipal restrictions contracts thereon or by impose requiring

over

the

public

revenues

of

municipality such as those derived from taxation. It may require the expenditure of these funds for public purposes, but it has no control over public revenues over which the

municipality or its creditors have already acquired a vested right. However, no such right arises until after an actual appropriation is made.
35 D2010

bonds from the persons contracting with the municipality. It may regulate municipal employment, such as by

Local Government

The legislature may not control the private revenues of a municipal corporation because these posses the character of trust funds equitably belonging to the inhabitants. CHAPTER SIX: Executive and

There is a difference between control and supervision. Supervision means overseeing or the power or authority of an officer to see that his

subordinate officers perform their duties, and to take such action as prescribed by law if they should fail to perform those duties. Control means the power of an officer to alter,

Ministerial supervision over Local Governments The President shall exercise general supervision over local governments to ensure that local affairs are administered according to the law. General supervision includes the

modify, nullify or set aside what a subordinate had done in the

performance of his duties and to substitute the judgment of the former for the latter (Mondano vs Silvosa, 51 OG 3427). This power of general supervision does not authorize the President to remove or suspend a local official without any ground or on grounds not

power to order an investigation of the conduct of local government officials when necessary. shall This be general exercised

supervision

primarily through the Ministry of Local Government (now the DILG).

D2010 36

UP College of Law

authorized by law (Planas vs Gil, 67 Phil 62). Lacson vs Roque (49 OG 93)

this implies that the said officer can continue in office until the expiration of his term unless removed for cause as provided by law. The Presidents action in this case amounted to an assertion of absolute control and not merely supervision. Mondano vs Silvosa (supra)

HELD: Suspension of the Mayor of the City of Manila on the ground of a pending charge against him for libel was illegal because it was not based on grounds provided for in law. To be a misconduct in office, the act must be committed in relation to the performance of his duties. Jover vs Borra (49 OG 2765)

HELD: Suspension of the Mayor of Mainit, Surigao by the Provincial Governor under an alleged authority of the President pending the hearing of charges of rape and concubinage is illegal because the charges

HELD: The act of the President when, for not valid reasons, he relieved the Mayor of Iloilo City of his office and designated an Acting Mayor in his stead, is illegal.

preferred against him were not based on grounds provided for by law. The alleged act of the Mayor did not involve misconduct in office. Neither was he convicted yet of a crime involving moral turpitude.
37 D2010

Although the office of the mayor is appointive, Congress fixed the term of office of the Mayor to 6 years, and

Local Government

Compendium Autonomy

on and

Local Local

A Chartered City is a political body corporate, endowed with faculties of municipal through corporations its city exercised in

Government, Chapters 1-3 (Agra) CHAPTER ONE: Governments Local Government Unit is a political subdivision constituted by law, Nature of Local

government

conformity with law and its proper corporate name; may sue and be sued, enter into contracts and be contracted with. No plebiscite is necessary when creating a national government

possessing substantial control over its own affairs. In a unitary system of government, it is an intra-sovereign subdivision of one sovereign nation, and is not intended to be imperium in imperio (empire within an empire). The 1987 Philippine prescribe Constitution federalism. does not

agency such as the Metropolitan Manila Development Authority

(MMDA). Plebiscite is only required for the creation of local government units. Dual nature/Two-Fold powers of

Autonomy

Local Governments 1. Public, Political Governmental springs or from

does not contemplate the creation of mini-states.

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UP College of Law

sovereignty;

exercised

in

LGUs as agents and delegates of the National government Municipal Corporations (MC) derive their powers and rights from the legislature they can only exercise delegated conferred by legislative Congress powers as the

administering the powers of the State and promoting public

welfare; judicial, aspects

include public

legislative, and political

Public character as regards the State: agent of the government 2. Corporate, Proprietary Private arising or from

national lawmaking body, therefore they cannot defy Congress will, nor modify or violate it. As agents, they are vested with the power of

existence as legal persons, not as public agencies; exercised for the special benefit and advantage of the community; include ministerial, private and corporate aspects Private character as regards the State: promote local necessities and convenience for its own community

subordinate legislation, wherein the delegate cannot be superior to the principal or exercise higher powers. MCs have no power to impose tax on natl govt instrumentalities, or otherwise retard, impede, burden or in any manner control the operations of constitutional law enacted by Congress to execute powers vested
39 D2010

Local Government

in the natl govt.

Otherwise, mere

As agencies of the State for the promotion and maintenance of local self-government, MCs are endowed with police power in order to

creatures of the State can defeat national policies. Exercise of governmental functions As agencies of the State, MCs enjoy sovereign immunity from suit when engaged in governmental functions. However, they are subject to suit even in the performance of these functions if their charter so provides. Under the Real Property Tax Code, LGUs have no choice but to collect real property tax this means it is the national government expressing itself through the legislative branch that is levying the tax. The LGUs are

effectively accomplish and carry out the declared objects of their creation. The National Police Commission exercises control and

(NAPOLCOM) administrative

supervision over PNP officers and members while local chief executives exercise operational supervision and direction. acting Since the latter are only as representatives of

NAPOLCOM, they are answerable to the former for their actions.

However, unless the acts of the local executives are countermanded by NAPOLCOM, considered their valid acts and are

merely constituted as agents to fix the rates.

binding.

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UP College of Law

Although mandatory, deputization of local executives is not automatic and self-executory it requires a formal act of the NAPOLCOM. Delegated powers of local

3. Power of Eminent Domain conferring statues cannot be broadened or constricted by implication As agents of the community Municipal authorities are in a better position to determine the evils sought to be prevented by the inclusion or incorporation of particular provisions in enacting a particular statute and therefore to pass the appropriate ordinance to attain the object of the law. Although the general law requires a majority vote in enacting ordinances, sanggunian may provide for higher requisite vote in amending specific ordinances. Corporate existence of LGUs
41 D2010

governments (not inherent) 1. Police Power inherent in the State, but not MCs; valid

delegation by Natl Legislature necessary, since the latter is the repository of the inherent powers of the State 2. Power to Tax must always yield to a legislative act;

however, may be exercised pursuant to the direct authority conferred by the 1987

Philippine Constitution

Local Government

Municipality [created under E.O. 265 (1949), later which declared has

that act complained of was done or committed. Any other direct proceeding which must be brought in the name of the Republic. To change the name of a local government unit, a plebiscite is

unconstitutional]

performed governmental acts and been given State recognition and acknowledgment is a regular de jure municipality. defect by [LGC of 1991 cured stating that municipal

districts organized pursuant to E.O.s and presidential issuances, which have their respective seats of office at the the of the Codes effectivity are to be considered regular de jure municipalities.] Attack on legal existence of a body politic: Quo Warranto must be timely filed; quo warranto suit against corporation for forfeiture of charter must be commenced within 5 years from time
D2010 42

required to be conducted in the unit or units directly effected. Cannot be effected by mere resolution of

sanggunian. Since the LGC is silent, sanggunian panlalawigan has no authority to change the name of its province authority lies with Congress. Territorial jurisdiction of political

subdivisions Definition of territorial boundaries of LGU is a standard provision of the

UP College of Law

law creating them.

Such provision,

is not prohibited provided: (a) activity is not undertaken in water areas within7 km. from shoreline; (b)

however, is not a grant of ownership of National Govt properties within the boundaries to the LGU. Jurisdiction refers to the sphere of political authority, not the area of ownership. An express grant is necessary to effect transfer of ownership.

allowed only in waters 7 or more fathoms deep. CHAPTER TWO: Local Autonomy and Centralization Local autonomy is not the same as

Council sessions must be conducted within territorial jurisdiction, except for instances such as lahar having wiped out the barangay. Punong barangay cannot alter

decentralization. can only mean

Local autonomy a of measure functions of of

decentralization government. Decentralization

devolution

of

boundaries on his/her own. Power of LGUs to issue fishing privileges in the municipal waters was granted for revenue purposes. Commercial fishing operation within the 15-km. area of municipal waters

national administration to the local levels in which local officials remain accountable to the central govt in the manner law may provide. LGU is autonomous in the sense that is is given more powers, authority,
43 D2010

Local Government

responsibilities and resource. Power which used to be highly centralized is thereby deconcentrated. Two levels of decentralization: 1. Decentralization Administration/Administrative Autonomy government administrative central delegates powers to of

break the monopoly of National Government local affairs relieve National Government over managing

from the burden of managing local affairs Role of the President: general

supervision, only to ensure that local affairs are administered according to law. He/She has no control over their acts in the sense that he/she can substitute his/her own. their judgments with

political subdivisions to achieve the ff. purposes: broaden local power base make units more responsive and accountable ensure full development of local governments communities as self-reliant

Administrative

Autonomy

primarily

pertains to: power and responsibility to deliver basic services 2. Decentralization Power/Political Autonomy of

involves abdication of political

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UP College of Law

power in favour of LGUs; autonomous government is free to chart its own destiny and shape its future with minimum intervention from central

intend to deprive legislature of all authority over municipal corporations, particularly concerning discipline. Department Secretaries Secretary of Justice review and revoke tax ordinances with regard to constitutionality or legality; cannot

authorities; amounts to selfimmolation. Autonomous government becomes accountable to constituency, not

substitute own judgment nor replace the same with another version nor declare it unjust, excessive,

central authorities. President of the Republic Omission of phrase as may be provided for by law in relation to power of general supervision over LGUs in 1987 Constitution merely serves to underscore LGUs

oppressive or confiscatory since they involve exercise of discretion as to judgment wisdom power is or and of

reasonableness;

supervision, not control Secretary of DILG administrative supervision over local govt units; need not confirm the decision of a local chief executive imposing
45 D2010

autonomy from Congress and to break the latters control over local government affairs. Basic law did not

Local Government

penalty of removal against appointive officials Congress Retains control of the LGU, although in significantly reduced degree under present Constitution. Basic relp

Where a law is capable of two interpretations, one in favour of

centralized power in Malacanang and the other beneficial to local

autonomy, scales must be weighed in favour of the latter. (Should be

resolved in favour of the greater economy of the local government.) The power to review must be guided by a liberal construction in favour of the supervised/lower LGU and in consonance with the principles of

between national legislature and local governments has not been enfeebled by the new provisions in 1987 constitution strengthening the policy of local autonomy. Local autonomy not self-executing It is subject to the passage of a local government code, local tax law, income distribution legislation and national representation law. Interpretations decentralization in favor of

local autonomy. The value of local governments as institutions of democracy is

measured by the degree of autonomy that they enjoy. Fiscal autonomy

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UP College of Law

Pursuant to fiscal autonomy granted to LGUs, and although the LGC is silent as to the placement of idle or excess funds, the sanggunian may authorize the investment, placement in time deposit or any judicious utilization of such funds as far as general funds are concerned. Incidents of decentralization Under the principle of local

authority to appoint all officers and employees of the city were not meant to vest the city mayors per se with comprehensive powers rather, they underscore the transfer of the power of appointment over local officials and employees from the President to the local governments and to

highlight local autonomy. LGUs enjoy full autonomy in the operation and management of

autonomy, even though the power to abolish an office is not expressly conferred on provincial governments, it is necessarily implied from the power to create offices. R.A. 5185, which gives mayors the power to appoint all officials entirely paid out of city funds, and B.P. 337, empowering local executives with the

economic enterprises, such as public markets. A sanggunian may provide for a different scheme of allocating market stalls. LGUs may not provide for

allowances to judges assigned within a given locality since this would counter the spirit of R.A. 6758, which

47 D2010

Local Government

standardizes

the

salaries

of

When Sangguniang Kabataan (SK) elections are not conducted in certain

government personnel. LGU cannot create or its own

areas, the President may appoint SK officials in exercise of his/her residual powers and the power to appoint other officers of the government whose appointments are not

government

owned

controlled

corporation to provide basic services, since only Congress may create such corporation by special law. Also, it is the function of the LGu to provide such services. Department of Agriculture may opt to devolve the function of regulating the operation of commercial fishing

otherwise provided. Ordinances legislative enacted bodies must by not local be

repugnant to or in conflict with existing Administrative Orders or

vessels within municipal waters, in consonance with the spirit of local autonomy, to LGUs. Centralization integration Office of the President and national

local budget circulars issued by the Dept. of Budget and Management (DBM) officials. Classification or reclassification of public forest land is a prerogative of the President upon recommendation of the pertinent department head. for govt employees and

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UP College of Law

Additional compensation outside the purview of R.A. 6758 (ex. medical benefits) only allowable if approved by President via administrative order. Sangguniang panlalawigan cannot authorize grant of representation and transportation division chiefs allowance (divisions to all only

No local elective may be suspended during election period except upon prior written approval of the

COMELEC. Omnibus Election Code states that LGUs must share in expenses for the election of barangay officials, therefore COMELEC may direct

components of departments/offices) of the provincial gov;t, since it violates Admin. Order 42 (clarifying role of DBM; only allows grant of benefit to department heads or asst. department heads). Commission (COMELEC) on Elections

compliance therewith. Commission on Audit (COA) Approval by COA of disbursements of local funds relates to

administrative aspect of the matter of the officials accountability, but does not foreclose Ombudsmans authority to investigate and determine WON there is a crime to be prosecuted for which he/she is accountable.

Compliance with COA rules and

49 D2010

Local Government

regulations

does

not

necessarily

In consonance with its constitutional mandate as guardian of public funds, disposal of real property owned by LGU shall be subject to approval of COA regardless of value or cost involved and mode of divestment, even if Committee floor on Awards that is

mean that misappropriation of public funds was not committed. COA has power to compromise or release any unsettled claim or liability whenever requires. Disposal of unserviceable property through public auction does not need approval by COA, but those disposed of through negotiated sale does. government interest

determines

price

disadvantageous to the LGU. In exercise of its contract review functions, COA may direct the

adoption of the BIR zonal valuation if it is a more reasonable selling price as compared to the highest available bid during the public auction. COA may employ the services of private appraisers to determine the value of real property sought to be sold if the amount involved is

substantial and the transaction is the

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UP College of Law

subject of investigation by the Office of the Ombudsman. Civil (CSC) Has the power to approve or Service Commission

Cannot nullify a board resolution calling for a reorganization in the local government offices CSC has jurisdiction only insofar as the

implementation of the reorganization is concerned. Proper forum to assail resolution are the regular courts (RTCs). Department of Interior and

disapprove appointments set before it by inquiring into the eligibility of the person, but does not have the power to make appointments itself or to direct the appointing authority to change employment status of an employee, otherwise this will amount to an arrogation of power belonging to appointing authority. May accredit an LGU, subject to certain requirements where

Local Government (DILG) General supervision is exercised by the President through the Secretary of Local Government. Application for authority to travel abroad by all local officials and employees (other than governors, city mayors or highly urbanized and independent component cities) shall be approved by the Secretary.
51 D2010

appointments of local officials are no longer subject to CSC approval.

Local Government

Failure

to

obtain gross

authority negligence

ma and

particular region rather, they can be felt on a nationwide scale] Department of Transportation and Communications (DOTC), Telecommunications (TELOF) Cannot devolve its regional office functions to the LGUs, considering the interdependence of various Office

constitute

dereliction of duty. It is the governor that has authority to impose against elective a preventive respondent DILG suspension municipal has to

official.

authority to impose such suspension. DILG shall be the lead national government oversee/administer government government implementation assistance units of agency to national to in local the

telecom systems on a nationwide scale. Land (LTO) Civil Aeronautics Board (CAB) Transportation Office

devolved

infrastructure programs. [NOTE: a basic element that

Department and (DENR)

of

Environment Resources

determines centralization is that the effects of the concerns of a particular department are not confined to a
D2010 52

National

UP College of Law

Concerned

with

enforcement

of

Department of Finance (DOF) Secretary of Finance is the proper appointing authority for treasurers, and the proper disciplining authority to issue preventive suspension. Local legislative councils are bereft of authority to initiate administrative action against the treasurer. Department of Public Works and Highways (DPWH) General supervision of the over the

forestry laws, rules and regulations, and the protection, development and management of forest lands. DENR retains power of control over activities based concerning forestry communityprojects

(notwithstanding fact of devolution), being the national agency authorized by the Administrative Code of 1987 to protect and preserve the

environment, which is a constitutional mandate. Therefore, its power

implementation

National

cannot be encroached upon by LGU. Department of Justice (DOJ) (role of Secretary of Justice discussed above) Department of Budget and

Building Code, including appellate jurisdiction over the decisions and order of the local building officials remains with the Secretary of Public Works and Highways.

Management (DBM)
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Local Government

Local chief executive possesses the authority to appoint an engineer who shall also act as local building official. Department of Energy (DOE) Department of Agriculture (DA) Department of Agrarian Reform (DAR) Department Industry (DTI) Laguna Lake Development of Trade and

Cooperative Authority (CDA)

Development

Philippine Ports Authority (PPA) Metropolitan Waterworks and Sewerage System (MWSS) Construction Industry

Arbitration Commission (CIAC) Local autonomy and the judicial system The exercise of an authority or a power by a local government unit and may be judicially inquired into and corrected only if it is capricious,

Authority (LLDA) Philippine Gaming (PAGCOR) Amusement

Corporation whimsical, unjust or unreasonable, there having been a denial of due

Philippine Charity Sweepstakes Office (PCSO) Public Estates Authority (PEA)

D2010 54

process or a violation of any other applicable constitutional guarantee.

UP College of Law

Internal acts of the Sangguniang Pampook of Region XII, which

These LGUs enjoy administrative autonomy. ensures the The 1987 constitution autonomy and and power of local

enjoyed administrative autonomy are subject courts. Courts have the power to inquire into the legality of the exercise of the power of eminent domain and to determine whether there is genuine necessity therefor. Courts, not the CSC, are the proper forum to assail and seek nullification of a resolution for reorganization in the local government offices. CSC to the jurisdictionof the

governments subdivisions, Presidents

political limits to the

general

supervision over local governments. Autonomous Mindanao Peculiar to the 1987 Constitution, and contemplates the grant of political autonomy (according to Cordillera Broad Coalition vs. COA). Registration of motor vehicles whose effects are not confined to a region should not be devolved to the ARMM and should remain with the LTO. CAB has no authority to devolve or share any of its general and specific
55 D2010

Region

of

Muslim

has jurisdiction only insofar as the implementation of the reorganization is concerned. Provinces, cities, municipalities and barangays

Local Government

functions with the ARMM in the regulation of all entities engaged in air transportation or air commerce. However, ARMM may assist CAB in the performance of its functions. Regional government of ARMM may not enact a Regional Public Works Act which will absolutely dispense with public bidding since this would be contrary to public policy in the prosecution of public undertakings. May not also enact a Regional Police Force Law.

Employee

of

Sothern

Philippines

Development Authority may refuse to be transferred to the ARMM and may claim and be entitled to separation pay. Cannot be obligated to transfer because of constitutional prohibition against involuntary servitude. Permanent Sangguniang vacancies Bayan in within the a

province situated in ARMM are filled by the provincial governor, not

regional governor. Cordillera Autonomous Region Peculiar to the 1987 Constitution, and contemplates the grant of political autonomy. (according to Cordillera

Broad Coalition vs. COA) CHAPTER THREE: Devolution

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UP College of Law

Devolution a mandatory process premised on the constitutional

municipal council (ex. fire personnel are under Bureau of Fire Protection of DILG, fire protection not being a devolved function) Devolution has a corresponding

mandate that all local government units possess and enjoy local

autonomy E.O. 503 effectively extends the period of devolution from 6 months as provided for in the LGC to 1 year in order to accommodate the smooth transition and address difficulties in the devolution process. Powers devolved to LGUs Specific grant necessary the

effect on local budgeting processes. Although regulation of cockfighting has been devolved a to local

governments,

municipal

government cannot issue a permit to a promoter to hold cockfights in places other than a licensed cockpit, since this would violate the law. Ports which are vital to the national interest and security which are linked to each other are expressly excluded from the coverage of devolution. Implementation of locally-funded

enumeration of powers and services under sec. 17 of the LGC is not exclusive Power to discipline locally assigned national employees cannot be

subject to the jurisdiction of the

communal irrigation projects (CIP)

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Local Government

shall be devolved to LGUs.

The

rules and regulations, policies and guidelines. General supervision of the over the

allocation for locally funded CIPs will no longer be released to the National Irrigation Administration (NIA) as a consequence of devolution.

implementation

National

Building Code, including appellate jurisdiction over the decisions and order of the local building officials remains with the Secretary of Public Works and Highways. With regard to the compensation and position classification system, the Joint Commission on Local

However, foreign-assisted CIPs fall outside the coverage of devolution. Licensing and regulation of activities undertaken by travel agencies, tour operators and professional congress organizers should be transferred to LGUs. There is partial devolution in terms of the functions of the Cooperative Development Authority (CDA). The

Government

Personnel

Administration was abolished and transferred to the appropriate office in the CSC. Absorption of personnel Devolution does not only involve the delegation of the powers to regulate

functions devolved are the promotion, organization and development cooperatives. CDA retains of the

powers relating to registration of cooperatives and the issuance of

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UP College of Law

but also the transfer of the necessary assets and personnel. Objectives To ensure the administrative and technical capabilities of the LGUs to provide the devolved basic services and facilities at the local level

CSC has no power to disapprove appointments made to those already employed devolved. but subsequently

Devolved personnel do

not lose their security of tenure. Even without appointment, they shall continue to hold the position to which they were last appointed. Exceptions

To ensure that the delivery of basic services is not duly Not administratively viable there is a duplication of functions when the duties and responsibilities of national Incidents of absorption Re-appointment of an employee to the same position held prior to the reorganization reconsideration objection appointment. to constitutes of any his/her a government agency personnel are similar to those of incumbent local government employees, and their offices perform the same functions. However, this does not apply to a national employee who is responsible for or attached to a devolved asset
59 D2010

prejudiced or disrupted.

previous earlier

Local Government

(ex. drivers of devolved agencies). The LGU and National Govt may invoke this provision if both agree as to the duplication, but LGU may still opt to absorb the employee. Involuntary servitude employee may refuse to be transferred and may claim separation pay. Appointment not renewed an

benefits, therefore they may continue to enjoy higher rates than their counterparts. Gradual equalization of salaries of all local government

personnel must then be achieved to eliminate (or at least minimize) the aforesaid disparity. To achieve this, LGUs lower than special cities and first class provinces may adopt the salary schedule for higher LGUs subject to the following conditions: LGU is financially capable Salary schedule shall be

appointment not renewed by the DBM prior to the completion of the 6month process cannot be re-

appointed on the basis alone of the city government affected Devolved personnel are considered local government personnel and

uniformly applied Schedule of the highly

urbanized cities and first class provinces shall not be higher than that adopted by the

should be covered by the existing Position Classification and Pay Plan. There shall be no diminution in pay or
D2010 60

national government

UP College of Law

In implementing a new and higher salary salary schedule, grade allocation the of

LGUs

may

grant

allowances/additional compensation to national government employees assigned in their localities at rates authorized by law, rules and

positions and salary steps of personnel shall be retained Adoption shall be subject to budgetary and general

regulations, subject to the following conditions: Annual income or finances of LGU as certified by the local treasurer concerned will allow such grant without exceeding the general limitations for

limitations on Personal Service Expenditures (Secs. 324-325, LGC) In case of component cities and municipalities, schedule shall not be higher than that of the province or city where they belong Adoption of higher salary

personal services Budgetary requirements (Sec. 324 of LGC and R.A. 6758) have been satisfied and

schedule shall not alter existing classification of LGU concerned

provided fully in the budget as certified by the Budget Officer and COA representative

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Local Government

LGU has fully implemented the devolution personnel/functions accordance with the LGC of in

erring

appointive

local

officials,

including devolved personnel. Transfer of assets Assets transferred to LGUs pursuant

The mandatory absorption does not preclude creating affected equivalent LGUs positions from nor

to devolution cannot be recovered since the transfer is mandatory. However, a provincial government may continue funding a general hospital until the same is officially transferred to the DBM. devolved hospitals have Since become

conferring functions different from the position previously held by the

devolved employeee provided there is no diminution of pay and benefits, reduction in rank and impairment of tenure. personnel Assignment of devolved is an administrative

components of LGUs like other devolved national government

agencies, they shall be covered by COA Circular No. 92-382. Memoranda of Agreement to effect devolution To effect devolution, a MOA must be effected between a National

decision of the LGU. A local chief executive may appoint one person or a committee to

investigate, hear, make findings and submit recommendations incidental to administrative complaints against
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Government

Agency

and

local

The DOJ is bereft of authority to review or pass upon the rulings of the OC, unless the latter itself requests. The OC, however, cannot expand nor constrict the law. It must always

governments concerned.

The local

chief executive, in order to enter into an agreement, of the must local have the

authority council.

legislative

The DILG cannot revoke

remain congruent to it. A resolution adopted by the OC is devoid of legal force and effect unless approved by the President and subsequently

such agreement, rule on the alleged diminution of powers, nor pass upon the merits of the contents and provisions of the agreement. Oversight Committee The OC is the body empowered to formulate and issue the appropriate rules and regulations necessary for the efficient and effective

incorporated or embodied in an executive or administrative order. Alfiler See attachments Tapales See attachments

implementation of all provisions of the LGC. Opinions rendered by it

shall prevail over those of the DOJ.

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Local Government

CREATION

OF

LOCAL GOVERNMENT UNITS Negross Occidental = Negros del Norte) WON the petition questioning the constitutionality and validity of the plebiscite renders the case moot and academic because the result was in favor of the creation of the new province and such creation was now fait HELD: accompli. No.

Tan v. Comelec BP 885 (an Act creating a new province of Negros del Norte) was enacted. It provides for the new provinces component cities,

boundaries, and the conduct of a plebiscite for its creation. A plebiscite was held, pursuant to the

requirement of said BP (shall be conducted in the proposed new province which are the areas

It is the legality of the plebiscite itself which is challenged. WON the province complied with the plebiscite HELD: requirement. No.

affected), but the plebiscite was confined only to the inhabitants of the territory of the new province, to the exclusion of the voters from the rest of the province. (Negros Occidental some cities and municipalities of
D2010 64

Sec 3, Art XI provides that No province, city, municipality or barrio

UP College of Law

may be created, divided, merged, abolished, substantially accordance or its boundary except the in

Sec 197 of the LGC provides that a province may be created if it has a territory of at least three thousand five hundred square kilometers, xxx. The territory need not be contiguous if it comprises two or more islands. The use of the word territory clearly, reflects that it has reference only to the mass of land area and excludes the waters over which the political unit exercises control. It can be safely concluded that the word territory in the first paragraph of Section 197 is meant to be synonymous with "land area" only. Torralba v. Municipality of Sibagat BP 56, enacted February 1980, created the Municipality of Sibagat, Province of Agusan del Sur.

altered, with

criteria

established in the local government code, and subject to the approval by a majority of the votes in a plebiscite in the unit or units affected. This means that the rest of Negros Occidental must be included in the conduct of plebiscite as the

boundaries of the existing province of Negros Occidental would necessarily substantially altered by the division of its existing boundaries in order that there can be created the proposed new province. WON the new province complied with the requirements of land area. HELD: No.

65 D2010

Local Government

Petitioners assail its validity for being violative of Section 3, Article XI, 1973 Constitution: No province, city,

the LGC. It does not say that the LGC is a condition sine qua non for the creation of a municipality. The constitutional provision simply means that once said Code is enacted, the creation, modification or dissolution of LGUs should conform with the criteria thus laid down. The power to create a municipal corporation is legislative in nature. In the absence of any constitutional limitation, a legislative body may create any corporation it deems essential for the more efficient administration of

municipality, or barrio may be created except in accordance with the criteria established in the Local

Government Code; that the LGC must first be enacted to determine the criteria for the creation of any province, city, municipality, or barrio and since no LGC [came into being only on 10 February 1983] had yet been enacted as of the date BP 56 was passed, the latter could not have possibly complied with any criteria when the Municipality was created. HELD: Section 3, Article XI, 1973 Constitution does not prohibit the modification of territorial and political subdivisions before the enactment of
D2010 66

government. The creation of the new Municipality was a valid exercise of legislative power vested by the 1973 Constitution in the Interim Batasang Pambansa. Pursuant to BP 56, a valid plebiscite has been conducted

UP College of Law

among

the

unit/s

affected.

The

HELD:

No.

officials of the new Municipality have taken their oaths and are performing their functions. A de jure entity has been created. Bai Sema v. Comelec WON RA 9054 delegating to the ARMM Regional Assembly the power to create provinces, and cities, is

For Congress to delegate validly the power to create a province or city, it must also validly delegate at the same time the power to create a legislative district. Congress cannot delegate to the ARMM Regional Assembly the power to create

legislative districts for the House of Representatives. Congress can delegate to local

municipalities constitutional.

barangays,

legislative bodies the power to create WON a province (created by the ARMM Regional Assembly under MMA Act 201) is entitled to one representative in the House of local government units, subject to reasonable standards and provided no conflict arises with any provision of the Constitution. However, under the Local Government Code, "only x x x an Act of Congress" can create provinces, cities or municipalities.

Representatives without need of a national law creating a legislative district for such province

67 D2010

Local Government

Under Section 19, Article VI of RA 9054, Congress delegated to the ARMM Regional Assembly the power to create provinces, cities,

There

is

no

provision

in

the

Constitution that conflicts with the delegation bodies of to the regional power and legislative to create

municipalities and barangays within the ARMM. delegation Congress made the under its plenary

municipalities

barangays,

provided Section 10, Article X of the Constitution is followed. However,

legislative powers because the power to create local government units is not one of the express legislative powers granted by the Constitution to regional legislative bodies. In the present case, the question arises whether the delegation to the ARMM Regional Assembly of the power to create municipalities provinces, and cities, barangays

the creation of provinces and cities is another matter. Section 5 (3), Article VI of the Constitution provides, "Each city with a population of at least two hundred fifty thousand, or each

province, shall have at least one representative" in the House of

Representatives. Similarly, Section 3 of the Ordinance appended to the Constitution provides, "Any province that may hereafter be created, or any city whose population may hereafter increase to more than two hundred

conflicts with any provision of the Constitution.

D2010 68

UP College of Law

fifty thousand shall be entitled in the immediately following election to at least one Member x x x." Clearly, a province cannot be created without a legislative district because it will violate Section 5 (3), Article VI of the Constitution as well as Section 3 of the Ordinance appended to the Constitution. For the same reason, a city with a population of 250,000 or more cannot also be created without a legislative district. Thus, the power to create a province, or a city with a population of 250,000 or more,

the

city

automatically

becomes

entitled to one representative under Section 5 (3), Article VI of the Constitution and Section 3 of the Ordinance appended to the

Constitution. Thus, the power to create a province or city inherently involves the power to create a legislative district. Province of North Cotabato v. GRP On 8/5/08, the government and the MILF were scheduled to sign a Memorandum of Agreement on the Ancestral Domain Aspect of the GRP-MILF Tripoli Agreement of

requires also the power to create a legislative district. Even the creation of a city with a population of less than 250,000 involves the power to create a legislative district because once the city's population reaches 250,000,

Peace of 2001 in Malaysia. The Solicitor General, who

represents respondents, summarizes

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Local Government

the MOA-AD by stating that the same contained, among others, the

territorial integrity of the State, which directly affects the lives of the people at large (b)The right to information inclusion leading of to of the the

commitment of the parties to pursue peace negotiations, protect and

respect human rights, negotiate with sincerity in the resolution and pacific settlement of the conflict, and refrain from the use of threat or force to attain undue advantage while the peace negotiations on the

contemplates negotiations

consummation transaction

(c) The right includes (1) the right of the people to demand

substantive agenda are on-going. WON the creation of the MOA-AD violates the Petitioners right to

information and (2) the duty of the officialdom even to if give nobody

information demands.

information on matters of public concern

(d)E.O No 3 contemplates not just HELD: (a)The MOA-AD is a matter of public concern, involving as it does
D2010 70

the conduct of a plebiscite to effectuate consultations, continuing and such

the

sovereignty

and

establishes petitioners right to

UP College of Law

be consulted on the peace agenda, corollary to the

building. In fact, it is the duty of the Presidential Adviser on the Peace Process dialogues to conduct to seek

Constitutional right. (e)Presidential Peace Esperon Adviser on the

regular relevant

Process committed

(PAPP) grave

information, advice, and

comments,

abuse of discretion when he failed to carry out the pertinent consultation. At least three pertinent laws animate these constitutional imperatives and justify the exercise of the peoples right to be consulted on relevant matters relating to the peace agenda. 1. E.O. No. 3 itself is replete with mechanics for continuing

recommendations from peace partners and concerned sectors of society. 2. The Local Government Code of 1991 requires all national

offices to conduct consultations before any project or program critical to the environment and human ecology including those that may call for the eviction of a particular group of people residing in such locality, is implemented MOA-AD is therein. one The peculiar

consultations on both national and local levels and for a principal forum for consensus-

71 D2010

Local Government

program that unequivocally and unilaterally vests ownership of a vast territory people, to the which and

Peoples.

Notably, the statute

does not grant the Executive Department or any government agency the power to delineate and recognize an ancestral domain claim by mere

Bangsamoro could

pervasively

drastically result to the diaspora or displacement of a great number of inhabitants from

agreement or compromise. The invocation of the doctrine of executive privilege as a defense to the general right to information or the specific right to consultation is

their total environment. 3. Republic Act No. 8371 or the Indigenous Peoples Rights Act of 1997 provides for clear-cut procedure for the recognition and delineation of ancestral domain, which entails, among other things, the observance of the free and prior informed consent Cultural Communities/Indigenous
D2010 72

untenable. The various explicit legal provisions fly in the face of executive secrecy. In any event, respondents effectively waived such defense after it unconditionally disclosed the official copies of the final draft of the MOAAD, for judicial compliance and public scrutiny. Lopez v. Comelec

of

the

Indigenous

UP College of Law

WON PD 824 (enacted November 1975) creating Metropolitan Manila is valid. HELD: Yes.

Metropolitan manifested

Manila, their will,

having the

constitutional provision relied upon by petitioners has been satisfied. It is to be noted likewise that at the time of such plebiscite in February, 1975, there was no Local Government Code. Article VIII, Section 2 of the

In Paredes v. Executive Secretary the constitutional provision on the need for a majority of the votes cast in the plebiscite in the unit or units affected would be satisfied even if "those voters who are not from the barangay to be separated were excluded in the plebiscite." It cannot be argued therefore that the

Constitution expressly recognized the juridical entity known as Metropolitan Manila. Such express constitutional affirmation of its existence in the fundamental law calls for the

plebiscite held in the areas affected to constitute Metropolitan Manila in the referendum on February 27, 1975 was not a sufficient compliance with the constitutional provision. With the voters in such four cities and thirteen municipalities, now composing

dismissal of these petitions, there being no legal justification for the declaration of unconstitutionality of Presidential Decree No. 824. Nor was it the first time that there has

73 D2010

Local Government

been acknowledgment in law of the creation of Metropolitan Manila. Under PD 824: "The Commission, the General Manager and any official of the Commission shall be under the direct supervision and control of the President. provision in Notwithstanding this Decree, any the

than

general

supervision.

These

doubts, however, do not suffice to nullify such a provision. Succinctly put, that construction that would save is to be preferred as against one that will destroy. To show fidelity to this basic principle of construction is to lend substance to the equally basic doctrine that the constitution enters into and forms part of every statute. Accordingly, the presidential power of control over acts of the Metro Manila Commission is limited to those that may be considered national in

President shall have the power to revoke, amend or modify any

ordinance, resolution or act of the Commission, the General and the Commissioners." It may give rise to doubts as to its validity insofar as it confers the power of control on the President. That control he certainly exercises under the present

character. Where, however, the acts of the Metro Manila Commission may be considered to as local properly government

Constitution over the ministries. His power over local governments does not go that far. It extends no further
D2010 74

appertaining

functions, the power of the President is confined to general supervision.

UP College of Law

PRESUMPTION

OF

CONSTITUTIONALITY

Alvarez v. Guingona RA 7720 converted the Municipality of Santiago, Isabela into an city. said the Congress but from the Senate.

Apparently, RA 7330 originated from HB 8817 which was filed on April 18, 1993. After the third reading, the bill was transmitted to the Senate on January 18, 1994. Meanwhile, a counterpart bill SB 1243 was filed on May 19, 1993. On February 23, 1994, HB 8817 was transmitted to the senate. The committee

independent Petitioners municipality

component claim has that not the met

minimum average annual income required under the LGC. They assert that Internal Revenue Allotments are not actually income but merely

transfers and/or budgetary aid from the national government and that they fluctuate, increase or decrease, depending on factors like population, land and equal sharing. Another contention of the petitioner is that RA 7330 originated not from

recommended that HB 8817 be approved without amendment, taking into consideration that the house bill was identical to the senate bill. HELD:RA Internal 7720 Revenue is valid. are

Allotments

75 D2010

Local Government

items of income because they form part of the gross accretion of funds of the LGU. They are included in computing the average annual

thereupon until it receives the House bill. Nor does the Constitution prohibit the filing in the Senate of a substitute bill in anticipation of its receipt of the bill from the House, so long as action by the Senate as a body is withheld pending receipt of the House bill. Every law, including RA No.

income required to become a city. The IRAs regularly and automatically accrues to the local treasury without need of any further action on the part of the LGU. Thus they constitute income which the local government can invariably rely upon as the source of much needed funds. The filing in the Senate of a substitute bill in anticipation of its receipt of the bill from the House, does not contravene the

7720,has in its favor the presumption of constitutionality It is a well-

entrenched jurisprudential rule that on the side of every law lies the presumption of constitutionality.

Consequently, for RA No. 7720 to be nullified, it must be shown that there is a clear and unequivocal breach of the Constitution, not merely a

constitutional requirement that a bill of local application should originate in the House of Representatives, for as long as the Senate does not act
D2010 76

doubtful and equivocal one; in other words, the grounds for nullity must be clear and beyond reasonable doubt.

UP College of Law

POWERS

AND

FUNCTIONS powers they sustained and 4 others suffered physical injuries. HELD: the municipality cannot be

A. Governmental and functions Municipality of

San

Fernando v. Firme A collision occurred involving (1) a passenger jeepney driven by

held liable for the torts committed by its regular employee, who was then engaged in the discharge functions. of

Bernardo Balagot and owned by the Estate of Macario Nieveras, (2) a gravel and sand truck driven by Jose Manandeg and owned by Tanquilino Velasquez and (3) a dump truck of the petitioner Municipality of San Fernando and driven by Alfredo

governmental

The test of liability of the municipality depends on whether or not the driver, acting in behalf of the municipality, is performing governmental or

proprietary functions. The municipal corporations exist in a dual capacity, and their functions are twofold. In one they exercise the right springing from sovereignty, and while in the

Bislig. Several passengers of the jeepney including Laureano Bania Sr. died as a result of the injuries

performance of the duties pertaining

77 D2010

Local Government

thereto, their acts are political and governmental. Their officers and

competence to sue and be sued. Nevertheless, they are generally not liable for torts committed by them in the discharge and of can governmental be held

agents in such capacity, though elected or appointed by them, are nevertheless public functionaries

functions

performing a public service, and as such they are officers, agents, and servants of the state. In the other capacity the municipalities exercise a private, proprietary or corporate right, arising from their existence as legal persons and not as public agencies. Their officers and agents in the performance of such functions act in behalf of the municipalities in their corporate or individual capacity, and not for the state or sovereign power." It has already been remarked that municipal corporations are suable because their charters grant them the
D2010 78

answerable only if it can be shown that they were acting in a proprietary capacity. The driver of the dump truck of the municipality insists that he was on his way to the Naguilian river to get a load of sand and gravel for the repair of San Fernando's municipal streets. In the absence of any evidence to the contrary, the of regularity official of duty the is

performance

presumed. Hence, the municipality cannot be held liable for the torts committed by its regular employee, who was then engaged in the

UP College of Law

discharge of governmental functions. Hence, the death of the passenger tragic and deplorable though it may be imposed on the municipality no duty to pay monetary compensation B. Proprietary powers and functions City of Manila v. IAC Vicencio Sto. Domingo, deceased husband of plaintiff Irene Domingo was buried in a lot of the North Cemetery which lot was leased by the City of Manila to Irene from 1971 to 2021. Irene paid the full rental thereof. In January of 1978, the cemetery authorities exhumed and removed the remains of Vivencio from the lot which were then placed in a bag and kept in the bodega of

the cementery. When Irene went to the cemetery for All Souls Day, she was shocked to learn that the

remains of her husband were not anymore in the lot as the same had been rented out to another lessee. HELD: The City of Manila is a political body corporate and as such endowed municipal with the faculties to of be

corporations

exercised by and through its city government in conformity with law, and its proper corporate name. It may sue and be sued and contract and be contracted with. Its powers are two fold in character, public,

governmental or political on one hand, and corporate private and proprietary on the other hand.

79 D2010

Local Government

The North Cemetery is a patrimonial property of the City of Manila which was created by resolution of the Municipal Board. The City of Manila prescribes the procedure and

breach

of

contractual

provision

entitles the other party to damages even if no penalty of such breach is prescribed in the contract. Hence, the breach of a contractual obligation between the City of Manila and plaintiff, involving property which is patrimonial in character entitles the latter to damages.

guidelines for the disposition of burial lots and plots within the cemetery through Admin. Order No. 5, s.1975. With said acts of dominion, the cemetery is no doubt within the class of property which the City of Manila owns in its proprietary or private character. There is no dispute that the burial lot was leased in favor of the private respondents. arising from Hence, contracting obligation parties.

Thus, a lease contract executed by the lessor and lessee remains as the law between them. Therefore a

D2010 80

Part II Decentralization; Local Autonomy; Powers of Municipal Corporations

ARTICLES/REFERENCES Public Corporations, respect to certain municipal matters Classification of municipal powers of 1. Express Powers are those granted in express word by the special charter or the general law under which the corporation is organized 1. Constitution 2. Implied Powers are those 2. Statutes of the State 3. Charter 4. In some states which adhere to it, the doctrine of the inherent right of self-government, with powers which arise by natural implication from the grant of express powers or by

Chapters IV VII (Martin) Chapters IV VI, see above CHAPTER SEVEN: Powers

municipal corprorations Sources of Powers of Municipal Corporations:

necessary inference from the

purposes or functions of the corporation 3. Inherent Powers are those which are necessary from and every

enforcement; generally vested in the mayor and the heads of the designated departments

and other officers created by law. Chapter II Book I , LGC (Sec 6 24) Sec 6 10, see above Sec. 11. Selection and Transfer of

inseparable

corporation, and which come into existence as a matter of course as soon as a

municipality is created. They are the common-law powers of a corporation 4. Legislative Power is the authority to make laws. This power is generally vested in the common council. 5. Executive Power is the The law or ordinance creating or merging local government units shall specify the seat of government from where governmental and corporate services shall be delivered. Factors relevant in selection of seat of government: geographical

Local Government Site, Offices and Facilities

authority to enforce laws, or appoint the agents charged with the duty of such

centrality, accessibility, availability of

transportation

and

communication

sale or lease or converted to such other use as the Sanggunian concerned

facilities, drainage and sanitation, development and economic progress, and other relevant considerations. Transfer of seat of government: When conditions and

may deem beneficial to the LGU concerned and its inhabitants. Transfer, relocation, and conversion to other uses of local government

developments in the LGU concerned significantly changed Public hearing and twothirds vote of all the members Sanggunian No transfer shall be made outside the territorial of the have

offices and facilities: Public conducted purpose i. Concurrence of the majority of all the members Sanggunian Sec. 12. Government Centers. Government center - where offices, agencies, or branches of the National of the hearings for the

boundaries of the LGU. The old site and thereon

improvements

may be disposed of by

Government, LGUs, or governmentowned or controlled corporations may be located. LGUs, in designating such a center, shall take into account the existing facilities of national and local

Of LGUs, public places, streets, and structures within their

territorial jurisdiction (see below for detailed list) In consultation with PHC o In changes of name of public schools, upon

agencies and offices which may serve as the government center. The National Government, LGU, or government-owned or controlled

recommendation of the local school board o In changes of names of publc hospitals, health

corporation concerned shall bear the expenses for the construction of its buildings and facilities in the

centers, and other health facilities, upon

government center. Sec. 13. Naming of Local

recommendation of the local health board With notice to the Office of the President, the representative of By the Sanggunian the legislative district

Government Units and Public Places, Streets and Structures.

concerned, and the Bureau of Posts Ratified in a plebiscite

Sanggunian concerned and in consultation with the PHC. The Sangguniang Panlalawigan may change the names of the following: Component municipalities, recommendation Sanggunian cities upon of and the the (i.e.,

conducted for the purpose in the political unit directly

affected Limitations: Cannot be named after a living person Justifiable reason

concerned

Sanggunian of the component city and municipality Provincial roads, avenues,

Not oftener than once in ten years The name of a LGU or a public place, street or structure with historical, cultural, or ethnic significance changed, unanimous shall unless vote not by of be a the

boulevards, thoroughfares, and bridges Public vocational or technical schools and other post-

secondary and tertiary schools

 Provincial centers, facilities Any other

hospitals, and other

health health

City

roads,

avenues,

boulevards, thoroughfares, and bridges

public owned

place by

or the

Public elementary, secondary and vocational or technical

building

provincial government. The Sanggunians of highly urbanized cities and independent component cities (i.e., component cities whose charters prohibit their voters from voting for provincial elective officials) may change the names of the following: The City barangays, upon of the the

schools, community colleges and non-chartered colleges City hospitals, health centers and other health facilities Any other public place or

building owned by the city government. Sanggunians of component

cities and municipalities may change the names of the following: City and municipal barangays, upon recommendation of the

recommendation sangguniang concerned

barangay

sangguniang concerned

barangay

An

LGUs

corporate

existence

commences upon the election and qualification of its chief executive and a majority of the members of its Sanggunian, UNLESS some other time is fixed therefor by the law or

City, municipal and barangay roads, avenues, boulevards,

thoroughfares, and bridges City and municipal secondary public and

ordinance creating it. Sec. 15. Political and Corporate

elementary,

vocational or technical schools, post-secondary tertiary schools City and municipal hospitals, health centers and other health facilities Any other public owned place by or the and other

Nature of Local Government Units. Every LGU is a body politic and corporate endowed with powers to be exercised by it in conformity with law. As such, LGUs exercise powers as a political subdivision of the National Government as a corporate entity

building

municipal government. Sec. 14. Existence. Beginning of Corporate

representing the inhabitants of its territory

Sec. 16. General Welfare. Every LGU shall exercise powers expressly granted necessarily implied therefrom necessary, appropriate, or

enhance economic prosperity and social justice, promote full

employment among their residents, maintain preserve peace the and order, and and

comfort

convenience of their inhabitants. Sec. 17. Facilities. LGUs shall endeavor to be self-reliant and continue exercising the powers and discharging the duties and functions currently vested upon them discharge the functions and responsibilities of national Basic Services and

incidental for its efficient and effective governance essential to the promotion of the general welfare. LGUs shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the

development of appropriate and selfreliant scientific and technological capabilities, improve public morals,

agencies and offices devolved to them pursuant to the LGC

 exercise such other powers and discharge such other

health center

center

and

day-care

functions and responsibilities as are necessary, appropriate, or incidental to efficient and effective provision of the basic services and facilities

Services and facilities related to general hygiene and sanitation, beautification, and solid waste collection Maintenance of katarungang

Basic services and facilities (not an exclusive list)

pambarangay Maintenance of barangay roads

For Barangays Agricultural which materials support include distribution services planting system

and bridges and water supply systems Infrastructure facilities such as multi-purpose hall,

and operation of farm produce collection and buying stations Health services maintenance and social which of welfare include barangay

multipurpose pavement, plaza, sports center, and other similar facilities Information and reading center

 Satellite

or

public

market,

inter-barangay systems; resources conservation water

irrigation and soil and and

where viable For Municipalities Extension and on-site research services and facilities related to agriculture and fishery activities which include dispersal of

utilization projects;

enforcement of fishery laws in municipal waters including the conservation of mangroves Pursuant to national policies and subject and to supervision, of the of

livestock

and

poultry,

fingerlings, and other seedling materials palay, for aquaculture; and vegetable

control DENR,

review

corn,

implementation

seed farms; medicinal plant gardens; fruit tree, coconut, and other kinds of seedling nurseries; demonstration farms; quality control of copra and improvement and development of local distribution channels, preferably through cooperatives

community-based projects integrated which social

forestry include forestry

programs and similar projects; management and control of communal forest with an area not exceeding fifty (50) square kilometers; tree parks, establishment greenbelts, of and

similar projects

forest

development

family and community welfare, women's welfare, welfare of the elderly and disabled persons; community-based rehabilitation programs beggars, scavengers, for street vagrants, children, juvenile

Subject to the provisions of Title Five, Book I of the LGC, health services which include the implementation of programs and projects on primary health care, maternal and child care, and communicable and noncommunicable disease control services; access to secondary and tertiary health services; purchase of medicines, medical supplies, needed to and carry equipment out the

delinquents, and victims of drug abuse; livelihood and other propoor projects; nutrition services; and family planning services Information services which

include investments and job placement information systems, tax and marketing information systems, and maintenance of a public library Solid waste disposal system or environmental management

services herein enumerated Social welfare services which include programs and projects on child and youth welfare,

system and services or facilities related to general hygiene and sanitation Municipal buildings, cultural

health centers and other health facilities necessary to carry out health irrigation, services; small communal water

centers, public parks including freedom parks, playgrounds,

impounding projects and other similar artesian development, projects; wells, fish ports; spring rainwater

and other sports facilities and equipment, and other similar facilities Infrastructure facilities intended primarily to service the needs of the residents and of the are

collectors and water supply systems; seawalls, dikes,

drainage and sewerage, and flood control; traffic signals and road signs and similar facilities Public slaughterhouses markets, and other

municipality

which

funded out of municipal funds including, but not limited to, municipal roads and bridges; school buildings and other

municipal enterprises Public cemetery Tourism facilities and other

facilities for public elementary and secondary schools; clinics,

tourist attractions, including the

acquisition

of

equipment,

fishermen's cooperatives, and other collective organizations, as well as the transfer of appropriate technology Industrial research and

regulation and supervision of business security facilities Sites for police and fire stations and substations and the concessions, services for and such

development services, as well as the transfer of appropriate technology Pursuant to national policies and subject and to supervision, of the

municipal jail For Provinces Agricultural extension and onsite research which services include and the

control

review

facilities

DENR, enforcement of forestry laws based limited to communityprojects,

prevention and control of plant and animal pests and disease; dairy farms, livestock markets, animal breeding stations, and artificial insemination centers; and assistance in the

forestry

pollution control law, smallscale mining law, and other laws on the protection of the environment; and mini-hydro

organization of farmers' and

electric purposes

projects

for

local

residents of the province and which are funded out of

Subject to the provisions of Title Five, Book I of this Code, health services which include hospitals and other tertiary

provincial funds including, but not limited to, provincial roads and bridges; inter-municipal drainage and

waterworks,

health services Social welfare services which include programs and projects on rebel returnees relief and

sewerage, flood control, and irrigation systems; reclamation projects; and similar facilities Programs and projects for lowcost housing and other mass dwellings, except those funded by the Social Security System (SSS), Government Service

evacuees;

operations

and, population development services Provincial buildings, provincial jails, freedom parks and other public assembly areas, and other similar facilities Infrastructure facilities intended to service the needs of the

Insurance System (GSIS), and the Home Development Mutual Fund (HDMF): Provided, That national funds for these

programs and projects shall be equitably allocated among the

regions in proportion to the ratio of the homeless to the population Investment support services, including financing Upgrading and modernization of tax information and collection services through the use of computer hardware and access to credit

All the services and facilities of the municipality and province Adequate communication and transportation facilities Support for education, police and fire services and facilities Public works and infrastructure projects and other facilities, programs and services funded by the National Government under the annual Act, General other pertinent

software and other means Inter-municipal telecommunications subject guidelines Tourism development and to services, policy

Appropriations special laws,

national

executive orders, and those wholly or partially funded from foreign sources, are not

promotion programs For Cities

covered under

this section,

except in those cases where the local government unit

concerned is duly designated as the implementing agency for such projects, facilities,

Act

by which the National

Government confers power and authority upon the various local government units to perform specific functions and

programs, and services. The designs, plans, specifications, testing of materials, of and the and

responsibilities National agencies or offices shall devolve to units local the

procurement

equipment

materials from both foreign and local sources necessary for the provision of the foregoing services and facilities shall be undertaken by the LGU concerned, based on national

government

responsibility for the provision of basic services and facilities within six (6) months after the effectivity of the LGC. o Includes the transfer to LGUs of the and records, other

policies, standards and guidelines. Devolution

equipment,

assets and personnel of national agencies and

offices corresponding to

the

devolved

powers, and

officers and other officers of similar rank in the said regional offices who cannot be

functions, responsibilities.

o Personnel of said national agencies or offices shall be absorbed by the LGUs to which they belong or in whose areas they are assigned to the extent that it is administratively viable as determined by the Oversight Committee o The rights accorded to personnel pursuant to

absorbed by the LGU shall be retained by the National any

Government,

without

diminution of rank, salary or tenure

Regional offices of national agencies or offices whose

functions are devolved to LGUs shall be phased out within one year from the approval of the LGC. National agencies and offices may establish such field units

civil service law, rules and regulations shall not be impaired Regional career directors executive who are

as

may

be

necessary purposes

for and

service

monitoring

providing technical assistance to LGUs. The properties, equipment, and other assets of these regional offices shall be distributed to the LGUs in the region in accordance with the rules and regulations issued by the

If made available, they are inadequate to meet the

requirements of its inhabitants Funding facilities From the share units of in local the of basic services and

government

proceeds of national taxes and other funding National local revenues from and the its and or

Oversight Committee. The National Government or the next higher level of local government unit may provide or augment the basic services and facilities assigned to a lower level of local government unit when: Services or facilities are not made available

support

Government,

instrumentalities government-owned

controlled corporations which are tasked by law to establish and maintain such services or facilities To ensure of the the active private

participation

sector

in

local

governance,

Sec. 18.

Power to Generate and

LGUs may, by ordinance, sell, lease, encumber, or otherwise dispose of public economic enterprises owned by them in their proprietary capacity Costs may also be charged for the delivery of basic services or facilities enumerated in this Section.

Apply Resources. LGUs proprietary powers: to establish an organization that shall be responsible for the efficient and of effective their program

implementation development

plans,

objectives and priorities to create their own sources of

Any fund or resource available for the use of local government units shall be first allocated for the provision of basic services or facilities before applying the same for other purposes,

revenue and to levy taxes, fees, and charges which shall accrue exclusively for their use and disposition and which shall be retained by them to have a just share in national taxes which shall and be

unless otherwise provided in the LGC

automatically

directly

released to them without need of any further action to have an equitable share in the proceeds from the

purposes, in the exercise or furtherance governmental powers thereby development communities and or of their proprietary and their self-reliant active

functions ensure into and

utilization and development of the national wealth within and their territorial

resources respective

participants in the attainment of national goals. Sec. 19. Eminent Domain. LGUs exercise of power of eminent

jurisdictions including sharing the same with the inhabitants by way of direct benefits to acquire, develop, alienate, lease, or

domain, requisites: Through the chief executive Pursuant to an ordinance For public use, or purpose, or welfare for the benefits of the poor and the landless

encumber,

otherwise dispose of real or personal property held by them in their proprietary capacity and to apply their resources and assets for productive, or welfare

developmental,

 Upon

payment

of

just

The amount to be paid for the expropriated property shall be

compensation Pursuant to the provisions of the Constitution and pertinent laws Valid and definite offer made to the owner that was not

determined by the proper court, based on the fair market value at the time of the taking of the property. Sec. 20. Reclassification of Lands. City or municipality Through an ordinance passed

accepted LGU may immediately take

by the Sanggunian After public hearing for the purpose In the following cases: o when the land ceases to be economically feasible and sound for agricultural purposes as determined by DA

possession of the property upon Filing of the expropriation

proceedings Deposit with the proper court of at least 15% of the FMV of the property based on the current tax declaration of the property to be expropriated

o where the land shall have substantially economic residential, greater value for

o Fourth

to

sixth

class

municipalities - 5 BUT President upon

commercial,

recommendation of NEDA may authorize a city or municipality to reclassify lands in excess of the abovementioned limits

or industrial purposes, as determined by the

Sanggunian concerned: Limited to the of following the total

when public interest so requires Agricultural lands distributed to agrarian reform beneficiaries under R.A. No. 6657 (CARL) shall not be affected.

percentages

agricultural land area at the time of the passage of the ordinance o Highly urbanized and

Conversion of such lands into other purposes shall be

independent cities - 15% o Component

component

governed by Section 65 of cities and CARL. Sec. 65, CARL Conversion of Lands

first to the third class municipalities - 10%

After the lapse of five (5) years from its award, when the land ceases to be economically feasible and sound for agricultural purposes, or the locality has become urbanized and the land will have a greater economic value for residential, commercial or industrial purposes, the DAR, upon application of the beneficiary or the landowner, with due notice to the affected parties, and subject to

primary and dominant bases for the future use of land resources.

Requirements for food production, human settlements, and industrial expansion shall be taken into

consideration in the preparation of such plans. When approval by a national agency (e.g., DA) is required for

reclassification, such approval shall not be unreasonably withheld. Failure to act on a proper and complete application for reclassification within three (3) months from receipt of the same shall be deemed as approval thereof. Sec. 21. Roads. Requisites Closure and Opening of

existing laws, may authorize the reclassification or conversion of the land and its disposition: Provided, That the beneficiary shall have fully paid his obligation. LGUs shall continue to prepare their respective comprehensive land use plans enacted which through shall zoning be the

ordinances

 Pursuant to an ordinance With provisions for the

o A property permanently withdrawn from public

maintenance of public safety In cases of permanent closure: Ordinance must be approved by at least two-thirds of all the members of the Sanggunian An adequate substitute for the public facility that is subject to closure must be provided when necessary BUT no freedom park shall be closed permanently without

use may be used or conveyed for any purpose for which other real

property belonging to the LGU concerned may be lawfully used or conveyed Temporary closures During an actual emergency, or fiesta celebrations, public

rallies, agricultural or industrial fairs, or an undertaking of public works and highways, telecommunications, waterworks projects Any national or local road, alley, park, or square and

provision for its transfer or relocation (adequate necessary) to a new site

substitute

always

 Duration shall be specified by the local chief executive

Any

local

street, or any

road, other

thoroughfare, public place

concerned in a written order No national or local road, alley, park, or square shall be

By a duly enacted ordinance Sec. 22. Corporate Powers. LGUs corporate powers: To have continuous succession in its corporate name To sue and be sued

temporarily closed for athletic, cultural, or civic activities not officially sponsored,

recognized, or approved by the LGU For the establishment of

To have and use a corporate seal

shopping malls, Sunday, flea or night areas markets, or shopping goods, foodstuffs, or articles of To acquire and convey real or personal property To enter into contracts To exercise such other powers as are granted to corporations, subject to the limitations

where

merchandise, commodities,

commerce may be sold and dispensed to the general public

provided in this Code and other laws Corporate seals LGUs may continue using,

executive in behalf of the LGU without prior authorization by the Sanggunian concerned. A legible copy of the contract shall be posted place at in a the

modify, or change their existing corporate seals Newly established LGUs or those without corporate seals may create their own corporate seals which shall be registered with the DILG Any change of corporate seal shall also be registered with DILG. Contracts Unless otherwise provided in the LGC, no contract may be entered into by the local chief

conspicuous

provincial capitol or the city, municipal or barangay hall. Fiscal autonomy LGUs shall enjoy full autonomy in the exercise of their

proprietary functions and in the management of their economic enterprises, subject to the

limitations provided in the LGC and other applicable laws. Sec. 23. Authority to Negotiate and

Secure Grants.

Local chief executives may negotiate and secure financial grants or

o BUT national

projects

with security

donations in kind from local and foreign assistance agencies upon authority of the

implications

shall

be

approved by the national agency concerned o When the national

Sanggunian, in support of the basic services or facilities enumerated under Sec. 17 without necessity of securing clearance or approval therefor from any department, agency, or office of the National

agency fails to act on the request for approval

within thirty (30) days from receipt thereof, the same shall be deemed approved report of nature, amount, and terms to both Houses of

Government of from any higher LGU

Congress and the President within thirty (30) days upon signing of such grant

agreement or deed of donation Sec. 24. Liability for Damages.

LGUs and their officials are not exempt from liability for death or injury to persons or damage to property. Compendium on Local

MCs exercise such power under the general welfare clause. The power is broad and is said with to but be not

commensurate

exceeding the duty to provide for the real needs of the people in their health, safety, comfort and

Government, Chapters 5 6 (Agra) CHAPTER FIVE: Police Power,

convenience, and consistently as may be with private rights. Police Power of Eminent Domain, General Powers and Authority A. Police power, general welfare clause Police power is inherent in the State, but not in municipal corporations. There must be a valid delegation of such power by the National

power is said to be the most essential, insistent, and illimitable of powers, and in a sense, the greatest and most powerful attribute of

government. To secure the general welfare of the State and the

fundamental aim of government, the rights of the individual may be subordinated. Two Branches of the General

Legislature (which is the repository of inherent powers of the State) in order for the MC to exercise such power.

Welfare Clause

First: attached to the main trunk of municipal ordinances authority; and relates to

General Rule: Ordinances passed by virtue of the implied power of the general welfare clause must be: Reasonable Consonant with the general powers and purposes of the corporation

regulations

necessary to carry into effect and discharge the powers and duties conferred upon the municipal council by law. Second: much more independent of the specific functions of the council which are enumerated by law;

Not inconsistent with the laws or policy of the State The powers of the municipal

authorizes ordinances that seem to be necessary and proper to provide for the health and safety, promote the prosperity, improve the morals,

corporations are to be construed strictissimi juris, and any doubt or ambiguity must be construed against the municipality. Exercise of police power may be

peace, good order, comfort and convenience of the municipality and the inhabitants, and for the protection

judicially inquired into and corrected of property. only if it is capricious, whimsical, unjust or unreasonable, there having

been a denial or due process or a violation of any other applicable constitutional guarantee. Zoning A zoning ordinance or regulation is a valid exercise of police power and has the effect of nullifying or

Police power cannot be surrendered or bargained away through the

medium of a (lease) contract earlier executed. Police power may be

activated anytime. Financial assistance LGU may use unappropriated

superseding contractual obligations. The rule of non-impairment of

available public funds for extending financial assistance to qualified

contracts is not absolute it must be reconciled with the legitimate

(indigent) bereaved families. Public purpose merely is not unconstitutional it incidentally

exercise of police power. Laws and reservation of essential attributes of sovereign power are read into

because

benefits a limited number of persons. (However, may not be applied to heirs of deceased local government officials as financial assistance.) Improper exercise of police power The prohibition of establishment of legitimate enterprises (such as night

contracts agreed upon by parties and they form part of, and are read into, every contract, unless clearly

excluded in cases where exclusion is allowed.

clubs and cabarets) is not valid. Under B.P. 337, local governments are only empowered to regulate their operations. Confiscation of products A city mayor has no authority to cause the seizure/confiscation of

LGUs may not capriciously choose what private property should be taken. Courts have the power to inquire into the legality of the exercise of the rights and to determine whether there is genuine necessity therefore. Requisites for the Valid Exercise of Eminent Domain: Ordinance must authorizing the be passed local chief

meat products in contravention of a city ordinance, as it is a violation of due process requirements. B. Power of eminent domain As exercised by LGUs, it is only a delegated power. The statutes

executive to subject a certain property to expropriation Public use, purpose or welfare of poor and landless Payment of just compensation

conferring such power cannot be broadened or constricted by

implication. As a right, it is founded on genuine necessity, and the

necessity must be of public character and for the public good. Therefore,

 Valid and definite offer to pay property, accepted A municipal ordinance authorizing the mayor to file expropriation which was not

Sangguniang panlalawigan has the power to declare a municipal

ordinance providing for the exercise of eminent domain invalid on the SOLE GROUND that it is beyond the power of the sangguniang bayan or the mayor to issue. Therefore, the

proceedings must be approved by the provincial board. Role of higher/supervising local

SP cannot declare the ordinance invalid for being unnecessary

government

considering there are other available lots. Role of national government

agencies The approval of the national

government is not required for local governments to exercise its power of eminent domain. Stages in actions for expropriation

First:

Determination of authority of

to contribute to the general welfare and prosperity of the whole

plaintiff to exercise such power, and the propriety of its exercise in the context of the facts involved. Ends with an order (if not dismissal) of condemnation declaring the lawful right of plaintiff to take the property. Such order is a final order. Second: Determination by the court of the just compensation as of the date of the filing of the complaint, with the assistance of not more than three commissioners. Such order

community. Right to take property Only after the deposit of just

compensation. Complaint for eminent domain A complaint which failed to mention the existence of a valid and definite offer, and that such offer was not accepted but alleges that repeated negotiations were made but failed is sufficient to show cause of action. C. General powers and authority Restraint of Trade Sangguniang Panlalawigan cannot totally ban the buying and selling of all kinds of liquor since this is tantamount to

fixing the just compensation shall be final as well. Public purpose or use Under the new concept, public use means public advantage,

convenience or benefit which tends

restraint of trade. Granting it may be done, it must be expressly provided for by the law. However, in order to promote general welfare the State may interfere with personal liberty, property, business and occupations. Thus, a person may be subjected to certain kinds of restraints and

claim to possess it for the same reasons the national legislature does. As the contempt power and

subpoena power partake of a judicial nature, they cannot be implied in the grant of legislative power. If there is no express statutory basis, it would run afoul of the doctrine of the doctrine of separation of powers. This must be considered an

burdens in order to secure the general welfare of the State. Compulsory contempt Processes of the the

exception to Sec. 4 of B.P. 337, which provides for liberal rules of interpretation autonomy. LGUs cannot proclaim religious or local holidays such power rests within the President Reclassificaton of Land the in favour of local

power

national

legislature is sui generis, as its exercise is a matter of self-

preservation (it asserts its authority as one of the three independent and coordinate branches of the govt, independent of the judicial branch and punishes contempt) and local legislative bodies cannot correctly

authority of the Sanggunian is limited to the reclassification of agricultural

lands.

The power of cities and to reclassify

applications can only be exercised on or after June 15, 1988, the date of the effectivity of the Comprehensive Agrarian Reform Law (CARL). Role of DAR the power of DAR to approve or disapprove conversions is limited to the applications for

municipalities

agricultural land into commercial, industrial and residential status is only for the purpose of assessment and real property taxation. Reclassification power lodged with the LGU; act of allocating lands to different activities or classes of land uses, evolved and enacted through local planning and zoning processes. DAR approval is not necessary. Land Conversion power lodged with DAR; actual change in land use and takes into account tenants and farmworkers, ascertainment compensation. if of any, and

reclassification submitted by land owners DARs or tenant beneficiaries. to convert

authority

agricultural land should be exercised in conjunction with the devolved powers of the LGUs to reclassify such land. However, once a

landholding has been acquired at redistributed to qualified beneficiaries pursuant to CARL, it is excluded from the authority to LGUs to reclassify. Nothing in the LGC shall be

disturbance

HOWEVER, such

power to issue conversion clearance and/or approve/disapprove

construed to repeal, modify or amend the CARL. Prescribing penal provisions Sangguniang provide for barangay the for cannot of of

Contracting Loans LGU cannot contract external or foreign loans since LGC only provides for

guarantee by the President of local or domestic loans. Conduct of Legislative Inquiry municipal mayor cannot require that all heads of departments and EEs obtain his clearance and permission before appearing before any

[enalty violations

imprisonment

barangay ordinances LGC only provides for the imposition of a fine. Forfeiture of salary likewise cannot be validly prescribed. Sangguniang barangay cannot enact an ordinance identical to an

governmental entity. Scholarship Grants scholarship fund may only be applied to schools within its jurisdiction. Legislative Voting Requirement local legislative council cannot

ordinance of the city of municipality but with a lesser penalty, since the former is inconsistent with the latter.

provide for more than majority vote for the passage of appropriations ordinances, since LGC requires only

simple

majority.

However,

power to regulate public property is with the LGU. Public Plaza Public Streets road lots in a private

sanggunian may provide for different vote requirement for other certain ordinances. Change of Name of Government Center prior consultation with

subdivision

are

private

property,

hence local governments must first acquire them by donation, purchase or expropriation if they wish to utilize them Land reclaimed by the PEA for and on behalf of the State is no longer part of the public domain and public use. An LGU must comply with the legal conditions imposed on a donation. Public Markets Buildings

Philippines required

Historical

Commission

Requiring Performance Reports may not be reqd by sangguniang panlalawigan because it may cause work disruption, and such function is essentially executive, not legislative. Regulation of Property public

property is outside the commerce of man, therefore cannot be the subject of lease or contract, can and be

constructions

thereon

summarily abated by the LGU. The

Disposal of Real Property is Proper When: Public bidding is conducted Price offered by vendee is higher than the appraised value

reallocated to another beneficiary. The term government does not contemplate its political subdivisions. Use of Land a municipality may change the use of a piece of land if there are no such express restrictions

Deed of sale is signed by the local chief executive, with the authority of the sanggunian Certification is issued that said lot is no longer needed for public use as duly verified by the auditor Transfer of Property to Local

in the contract to sell/contract of sale; it may also enter into a joint venture agreement with a private entity

embodied in a MOA signed by the local chief executive, a representative of the private entity and ratified by the sanggunian; HOWEVER, a chapel

may not be constructed on land owned by the govt based on the separation of church and state As a LESSOR LGU may file an action for illegal detention and

Governments lots covered by a Certificate of Land Ownership Award (CLOA) issued pursuant to CARL can only be transferred or acquired

through the DAR in order to be

demand eviction for violation of lease contract and non-payment of rentals

Abatement of Public Nuisance Local government officials cannot seek cover under the general welfare clause authorizing the abatement of nuisances without judicial

only be so adjudged by judicial determination. Land Use Planning Logging Activities DENRs powers cannot be encroached upon by the LGU Quarrying Activities provincial

proceedings. This tenet applies to a nuisance per se, which affects the immediate safety of persons and property, and may be summarily abated under the undefined law of necessity. If it be a nuisance per

governors authority to grant and issue quarry permits extends only to public lands Fishing, Fishery Privileges Maintaining Dumpsites must not endanger environment, health, safety and welfare of residents Littering imposed Power to Enter into Contracts fine may be validly

accidens, it may be proven in a hearing conducted for that purpose. It is not per se a nuisance warranting its abatement without judicial

intervention. While the Sangguniang Bayan may provide for the abatement of a nuisance, it cannot declare a particular thing as a nuisance per se and order its condemnation. It can

Contracts entered into by local chief executives have the force of law between parties and should be

Issuance of Permits the issuance, revocation or cancellation of permits is a discretionary act subject to strict implementation as to its scope Authority to issue business permits are subject to the regulatory powers of the city mayor Rejection of application a mayor may refuse the granting of a permit only if there are valid reasons in an appropriate

complied with. A chief executive acting pursuant to a resolution already adopted by the council in signing the deed of sale to qualified buyers determined after public bidding was exercising a purely ministerial duty incidental to his functions. Council/Sanggunian authorization is a condition sine qua non for the validity of a contract entered into by a local chief executive. Authorization

embodied

ordinance or national law; in the absence of such law or ordinance, the mayor may not validly refuse to grant the permit to a legitimate enterprise due to the principle of free enterprise and competition; also,

may take the form of a resolution. Traffic Regulation temporary street closures may be done through an ordinance

issuance may not be withheld based on none-payment of taxes and

imposts

Cancellation of permit may not be revoked if operator was not informed of a specific violation of the LGC, as it will be violative of due process Franchises power to issue National Franchises lies with the National Government, devolution is only with respect to regulatory powers within the jurisdictions concerned.

Coal

Corporations

power

of

regulation lies with the DOE Casinos, Gambling power of LGUs to suppress gambling refers only to illegal gambling Demolition Padlocking of Premises Local Infrastructure Projects

However, the grant of franchises for the establishment, construction,

authority of LGUs to undertake reclamation projects is limited to those funded out of local funds; projects funded by the National Govt are lodged with the PEA; regular courts are prohibited from issuing writs to stop any person, entity, government official or LGU from proceeding with or continuing the execution or implementation of amn infrastructure project approved by the

operation and maintenance of public markets and bus/jeepney terminals are within the concern of the the

sanggunians.

Although

municipality has the authority to grant franchises, the authority to collect franchise tax is under the power of the province and not the municipality.

President

through

the

Executive

unless reclassification occurs after ratification of 1987 Constitution, but before effectivity of LGC of 1991. Plebiscite - to be conducted in the political units directly affected, (1) meaning residents of the political entity who would be economically dislocated by the separation have a right to vote, and (2) referring to the plurality of political units which would participate; whole unit must

Secretary (P.D. 3-A). Creation of LGUs the power to create political subdivisions is a function of the legislature (ex.

conversion of municipal districts into regular municipalities) Internal Revenue Allotments (IRA) is included in computation of average annual income (part of general

income of govt units) Population requirement of 5,000 for the creation of a barangay within a highly urbanized city is mandatory (but does not apply to those already existing) Registered voters of highly urbanized cities shall be prohibited from voting in elections at the provincial level,

participate, not merely those that form part of the new unit Applies only to new LGUs created for the first time under the 1987 no Constitution plebiscite is

therefore

necessary in the case of a municipal corporation which

has attained de facto status at

the time the 1987 Constitution took effect. In case of a negative vote, subprovince shall continue to be part of the original province, to be represented by officials of the original province. There is no law authorizing the holding of special elections for the first set of barangay officials of newly-created barangays,

Principle of non-user only applies to private corporation law; does not apply to municipal corporations Conversion of LGUs bills of local application must originate from the House of Representatives and initiate the legislative process which would culminate in the enactment of a Statute. A technical description

similar to those in Torrens titles is not a condition sine qua non (it would defeat the purpose of the LGC). What is required is a reasonable ascertainment of the area. Reapportionment of Legislative

therefore, such election cannot be conducted together with the SK elections. Abolition of LGUs enactment of an ordinance panlalawigan by or sangguniang panlungsod

Districts may be made by a special law, such as the enactment by special law of a charter of a new city. Congress may increase its own

concerned and the conduct of a plebiscite required

composition enactment.

through

legislative

Barangay Clearances barangays are only authorized to issue

Settling Boundary Disputes Between barangays referred to sangguniang bayan or

clearances for business and impose reasonable fees, but are not allowed to issue business permits or licenses. Barangay clearance cannot be

panlungsod concerned; Office of the President has no

denied on grounds other than those specified ordinance. in the appropriate

jurisdiction Between adjacent

Warrants of Arrest mayors are no longer authorized to issue such warrants Election Activities COMELEC has

municipalities within a province elevated to sangguniang

panlalawigan Between component municipality, urbanized city or cities independent and a exclusive jurisdiction over cases

involving the enforcement of the Election Code; the transfer of officers and employees within the election period is prohibited, except for the purpose of coping with emergencies

highly and

municipalities jointly referred to respective sanggunians

and efficiency in the government service Abolition of an Office express power to create local offices (absent any contrary provision), impliedly carries with it the power to abolish said office in GOOD FAITH. Relocation responsibility of of Homeless both LGU and

Inclusion in Special Economic Zones R.A. 7227 of provides the Subic that the

creation

Special

Economic Zone is subject to the concurrence municipalities resolution. of and concerned cities by

However, the Subic

Authority shall prevail in conflicts concerning zone. Assistance purpose merely is to Sectors not public matters affecting the

National Housing Authority

unconstitutional it incidentally

because

benefits a limited number of persons Creation of Fishery Resources

Management Council by way of Ordinance Appointment punong to Local Offices

barangays

may

appoint

purok

leaders,

provided has

the been

Projects, Countrywide Development Fund sanggunian is authorized to compel a congressman to seek its prior approval before the

appropriate

ordinance

enacted and the council thereafter approves the appointment.

implementation of any projects, as the LGC provides that national

projects must be approved by the sanggunian implementation. appropriations prior to However, ordinance is their an not

required to facilitate the release of funds from the Countrywide Fund of of Congress. must be

Development Representatives Legislation,

however,

enacted specifying the infrastructure and priority projects. Issuance of Bonds any security issued or guaranteed by the govt or any of its political subdivisions is

exempt from registration; exempt securities Ultra Vires Acts of local Private chief

Imposition of Curfew may be exercised pursuant to police power, but not by the local chief executive alone. Sanggunian enact an

Organizations

executives may file a complaint against such organizations with the appropriate national government unit pursuant to a resolution adopted by the sanggunians Additional Insurance Benefits

ordinance determine the necessity, reasonableness, procedures. Inter-Local Govt Cooperation local government may group themselves and procure equipment from condition and

council by way of ordinance may not increase insurance benefits of

domestic and foreign sources for purposes commonly beneficial to them, provided and national policies, are

municipalities officials and EEs since this would unreasonable add up to the tax burden of the inhabitants, resulting in the violation of the principle forbidding the appropriation of public funds for private purposes

standards followed.

guidelines

Incorporation of Stock Corporations only natural persons can become incorporators of such corporations; prohibition extends to its local

officials being agents of the province (principal). CHAPTER SIX: Inter-Local

authorization has been given. Prior authorization also does not mean prior authorization for the payment of obligations. LCE cannot require that all requests for appropriations be endorsed by

Government Relations Local Separation of Powers Doctrine of Separation of Powers and System of Checks-and-Balance apply to local governments. It is the duty of public officers to enforce ordinances not otherwise repealed by the council nor annulled by the courts.

him before they can be enacted. Designation Personnel of members of the as

Selection

Board

determined by the sanggunian by resolution must be approved by the LCE (merely ministerial). Mayor has no administrative

Local chief executive (LCE) may validly enter into a contract only with council authorization. Prior

supervision over sanggunian EEs; authority to approve applications for LOAs of sanggunian members and appointive EEs rests with the vice LCE.

authorization is not the same as preapproval of contracts. Local councils do not possess the authority to preapprove contracts after prior

Signature of governor required in the resolution adopted by sangguniang panlalawigan disapproving the approving ordinance or or

Sanggunian is in the best position to determine rates of mayors permit fees to be levied are just, reasonable, and not confiscatory. Additional functions maybe given the vice mayor only as may be provided by law or ordinance, otherwise he may validly refuse. LCE is mandated by law to represent the LGU, no sanggunian

resolution enacted by sangguniang pankungsod/bayan. While authority to regulate traffic and use of streets rests with the

sanggunian, the execution of an ordinance relating to it is the

responsibility of the LCE. The authority of the LCE of the higher supervising unit to impose preventive suspension is purely ministerial,

authorization necessary. Power of appointment of the vicemayor is limited to officials and EEs of the sanggunian, as well as EEs of the office of the vice mayor. Authority to discipline municipal

since the disciplinary authority over erring local legislative officials of the supervised unite is the sanggunian of the higher unit.

sanggunian members and EEs lies with the vice LCE, since he had administrative supervision over EEs,

being the one with the power to appoint the same. Barangay Audit Reports to be

invalid for being beyond the power conferred upon is its respective to a

sanggunians,

equivalent

transmitted to the vice mayor, not the LCE, for information and appropriate action. Mayor is administrator when drawing checks in the settlement of

disapproval of the subject ordinance or resolution. When a province sells delinquent properties at a public auction, it was not only acting on its behalf but also on behalf of the municipalities

obligations. Barangay kagawads perform tasks assigned pursuant to a valid

concerned.

Therefore when the

province buys such lot (no other bidder), the municipalities may be considered co-owners thereof to the extent of their respective shares in the real property taxes and penalties

resolution, and may be required to submit forms. Province and component monthly accomplishment

thereon. The exercise of the power to tax by a

city/municipality Declaration by the sangguniang

(component) city also granted to a province deprives the province from imposing a similar tax thus

panlalawigan that a particular city or municipal ordinance or resolution is

exclusive power is granted to the city to collect and levy the subject tax, fees and charges. Real property assessments made by city or municipal assessors are not subject to approval by the provincial assessor the latter merely

If franchise tax is imposed by the province, a component city of

municipality has no share. City/municipality and barangay The power to regulate facilities rests upon the unit which owns the same. In interpreting ambiguous provisions of the LGC, resolution is in favour of

exercises technical supervision. A municipality is entitled to a share in the proceeds from the real property tax and lease rentals of subject property collected by the province. The power to levy tax on sand and gravel exclusively belongs to the province although a component city or municipality has a share in the proceeds if the said tax.

the lower LGU. Authority to enter into contracts involving barangay roads within a municipality rests with the barangay affected, not the municipality. The

municipality only exercises regulatory powers over municipal roads. Barangay ordinances are subject to review by the city or municipal councils and not the other way around.

A municipal mayor does not have authority to control the disbursement of barangay funds and internal

liberality

of

construction principles of

and local

fundamental autonomy.

This power does not

revenue allotments, nor withhold the share of the barangay from the internal revenue allotment on the basis of an election protest. He/She also does not have the authority to control barangay projects. Such

include the power to restrain, nor does it mean that the sangguniang bayan may invalidate any ordinance enacted by the sangguniang

barangay. It may only point out the defect. Approval of vouchers is merely

prerogatives belong to the punong barangay. A city/municipality possesses the POWER to SUPERVISE over

ministerial on the part of the mayor after the mayor after the treasurer (1) has certified the availability of funds and (2) an appropriate ordinance has been enacted and was subsequently approved by him/her. The mayor

component barangays. Such power, however, infringement does upon not the permit legislative

powers of the lower LGU to the extent of dictating changes on the policies or decisions. sanggunian must be The higher guided by

may not require a punong barangay to personally present the barangay payroll.

Only a city and a municipality may issue business permits and licenses. Barangay has no such power. The new sharing scheme provided for by the LGC does not take place automatically. An ordinance must be enacted by the sangguniang bayan or panlungsod concerned in order to install it. Appointment of the barangay

Services of the municipal engineer may be secured by a barangay in the implementation infrastructure of projects barangay after prior

representation has been made to the LCE concerned. Sangguniang bayan may suspend all barangay officials, which authorizes the mayor to appoint temporary replacements, provided such

treasurer only needs the concurrence of the sangguniang bayan

appointees possess all the necessary qualifications and none of the

concerned.

Confirmation from the

disqualifications provided by law. Where there is no law which

sangguniang bayan is not required.

authorizes the holding of special elections to fill-in the positions

created by the incorporation of new barangays, the mayor may fill up the vacancies, there being permanent vacancies. If there are no permanent

vacancies, neither the mayor nor the punong barangay have the authority to appoint officials. Past and present administrations The newly-elected LCE must abide by the contractual obligations made by the former administration since the party-in-interest is the LGU.

loans granted by the local legislative council to the past LCE does not extend to the newly-elected official. The previous LCE, not the

succeeding one, has the authority to observe performance and of evaluate the the

employee

concerned, where the act complained of was done during the previous administration.

However, an authority to negotiate

LOCAL GOVERNMENT UNITS A. Power of

VIS A VIS

NATIONAL GOVERNMENT grounds. Pursuant to this, Secretary of Justice Drilon declared Ordinance No. 7794 (Manila Revenue Code), null and void for non-compliance with

general

Supervision Drilon v. Lim Section 187 LGC authorizes the Secretary of Justice to review the constitutionality or legality of the tax ordinance and, if warranted, to

the prescribed procedure in the enactment of tax ordinances and for containing certain provisions contrary to law and public policy.

revoke it on either or both of these

HELD: Section 187 of LGC is valid. Under this provision, when the

All he did in reviewing the said measure petitioners was were determine if the their

Secretary of Justice alters or modifies or sets aside a tax ordinance, he is not permitted to substitute his own judgment for the judgment of the local government that enacted the measure. The acts of Secretary Drilon in setting aside the Manila Revenue Code, was of mere supervision, not control: he did not replace the MRC with his own version. He did not ordinance pronounce the unwise or

performing

functions in accordance with law, that is, with the prescribed procedure for the enactment of tax ordinances and the grant of powers to the city government under the LGC. On the other hand, an officer in control lays down the rules in the doing of an act. If they are not followed, he may, in his discretion, order the act undone or re-done by his subordinate or he may even decide to do it himself. Supervision does not cover such authority. The supervisor or

unreasonable as a basis for its annulment. He did not say that in his judgment it was a bad law.

superintendent merely sees to it that the rules are followed, but he himself does not lay down such rules, nor

does he have the discretion to modify or replace them. If the rules are not observed, he may order the work done or re-done but only to conform to the prescribed rules. He may not prescribe his own manner for the doing of the act. He has no judgment on this matter except to see to it that the rules are followed. All he is permitted to do is ascertain the constitutionality or legality of the tax measure, without the right to declare that, in his opinion, it is unjust, excessive, oppressive or

SC ruled that the confiscation of license plates by the MMC was not among the powers conferred upon it by its charter (PD 1605). It was also observed by the SC that

confiscation of the drivers licenses was not directly prescribed or allowed by PD 1605. SC received several letters-complaint licenses were that peoples MMA

confiscated.

issued Ordinance No. 11 authorizing itself "to detach the license plate or tow and impound or attended or

unattended vehicles

abandoned parked

motor or

confiscatory. He has no discretion on this matter. Solicitor Metropolitan Authority General v. Manila

illegally

obstructing the flow of traffic in Metro Manila." HELD: Ordinance null and void for being an invalid exercise of

delegated legislative power.

Test for a valid municipal ordinance: 1. must not contravene the

decree authorizing the Metropolitan Manila Commission to impose such sanctions. prohibit the In fact, the provisions imposition of such

Constitution or any statute; 2. must not be unfair or

sanctions in Metropolitan Manila. That the municipal enactment must

oppressive; 3. must not be partial or

not violate existing law explains itself. Local political subdivisions are able

discriminatory; 4. must not prohibit but may

to legislate only by virtue of a valid delegation of legislative power from the national legislature (except only that the power to create their own

regulate trade; 5. must not be unreasonable; and 6. must be general and consistent with public policy. PD 1605 does not allow either the removal of license plates or the confiscation of driver's licenses for traffic violations committed in

sources of revenue and to levy taxes is conferred by the Constitution

itself). They are mere agents vested with the power As the of subordinate of the

legislation. Congress,

delegates LGU

cannot

Metropolitan Manila. There is nothing in the following provisions of the

contravene but must obey at all times the will of their principal.

The enactments in question, which are merely local in origin, cannot prevail against the PD 1605, which has the force and effect of a statute. The measures do not merely add to the requirement of PD 1605 but, worse, impose sanctions the decree does not allow and in fact, prohibits. In so doing, the ordinances disregard and violate and in effect partially repeal the law. Nowhere is the removal of license plates directly imposed by the decree or at least allowed by it to be imposed by the Commission. Ganzon v. CA The petitions of Mayor a Ganzon of in

city officials sometime in 1988, on various charges, among them, abuse of authority, oppression, grave

misconduct, disgraceful and immoral conduct, intimidation, culpable

violation of the Constitution, and arbitrary detention. He was placed in preventive suspension for 3 times by the respondent Secretary of Local Government on different occasions based on different administrative

complaints filed against him. Mayor Ganzon assailed the power of the respondent to suspend him

alleging that the 1987 Constitution no longer allows the President, as the 1935 and 1973 Constitutions did, to exercise the power of suspension and/or removal over local officials.

originated

from

series ten

administrative

complaints,

number, filed against him by various

HELD:

The

Sec

of

Local

to, among other things, the passage of a local government code, a local tax law, income and a distribution national

Government, as the alter ego of the President, has the power to suspend local officials. Autonomy making does not contemplate out of local

legislation,

representation law, and measures designed to realize autonomy at the local level. It is also noteworthy that in spite of autonomy, the Constitution places the local government under the general supervision of the

mini-states

government units, as in the federal governments of the USA. Autonomy, in the constitutional sense, is subject to the guiding star, though not control, of the legislature, albeit the legislative responsibility under the Constitution - and as the "supervision clause" itself suggest - is to wean local government units from over dependence government. It is noteworthy that under the Charter, "local autonomy" is not instantly self-executing, but subject on the central

Executive. It is noteworthy finally, that the Charter allows Congress to

include in the local government code provisions officials, Congress for removal of local that

which may

suggest exercise

removal

powers, and as the existing Local Government Code has done,

delegate its exercise to the President.

Autonomy, however, is not meant to end the relation of partnership and interdependence between the central administration and local government units, or otherwise, to usher in a regime of federalism. The Charter has not taken such a radical step. Local governments, are under subject the to

in fact facing the possibility of 600 days of suspension, in the event that all ten cases yield prima facie

findings. The Court is not of course tolerating misfeasance in public office (assuming that Ganzon is guilty of misfeasance) but it is certainly

another question to make him serve 600 days of suspension, which is effectively, to suspend him out of office. The plain truth is that this Court has been ill at ease with suspensions, for the above reasons, and so also,

Constitution,

regulation, however limited, and for no other purpose than precisely, albeit paradoxically, to enhance selfgovernment. However, the Court held that the successive suspensions were

because it is out of the ordinary to have a vacancy in local government. The sole objective of a suspension, as we have held, is simply "to prevent the accused from hampering the normal cause of the investigation

excessive and not proper. What bothers the Court, and what indeed looms very large, is the fact that since the Mayor is facing ten

administrative charges, the Mayor is

with his influence and authority over possible witnesses" or to keep him

petitioner MCIAA. Petitioner objected invoking its tax exemption. It also asserted that it is an instrumentality of the government performing

off "the records and other evidence." It is a means, and no more, to assist prosecutors in firming up a case, if any, against an erring local official. Under the Local Government Code, it can not exceed sixty days, which is to say that it need not be exactly sixty days long if a shorter period is otherwise sufficient, and which is also to say that it ought to be lifted if prosecutors have achieved their

governmental functions, citing section 133 of the LGC which puts limitations on the taxing powers of LGUs. The city refused insisting that petitioner is a GOCC performing proprietary

functions whose tax exemption was withdrawn by Sections 193 and 234 of the LGC. HELD: There can be no question that under Section 14 RA 6958 the petitioner is exempt from the

purpose in a shorter span. Mactan Cebu International Airport Authority v. Marcos et al The Officer of the Treasurer of Cebu City demanded payment for realty taxes on parcels of land belonging to

payment of realty taxes imposed by the National Government or any of its political subdivisions, agencies, and instrumentalities. Nevertheless, since taxation is the rule and exemption is

the exception, the exemption may thus be withdrawn at the pleasure of the taxing authority. Tax exemptions or incentives granted to or presently enjoyed persons, by natural or juridical

Government" interchangeable. boarder and

are The former

not is with

synonymous

"Government of the Republic of the Philippines" which the Administrative Code of the 1987 defines as the "corporate governmental entity

including

government-

owned and controlled corporations, Section 193 of the LGC prescribes the general rule, viz., they are withdrawn upon the effectivity of the LGC, except upon the effectivity of the LGC, except those granted to local water districts, cooperatives duly registered under R.A. No. 6938, non stock and non-profit hospitals and educational institutions, and

though which the functions of the government are exercised through at the Philippines, including, saves as the contrary appears from the

context, the various arms through which political authority is made effective in the Philippines, whether pertaining to the autonomous reason, the provincial, city, municipal or barangay subdivision or other forms of local government." These

unless otherwise provided in the LGC. The terms "Republic and of the

autonomous regions, provincial, city, municipal or barangay subdivisions"

Philippines"

"National

are the political subdivision. On the other hand, "National Government" refers "to the entire machinery of the central government, as distinguished from the different forms of local Governments." The National

special functions or jurisdiction by law, endowed with some if not all corporate special powers, funds, administering and enjoying usually

operational

autonomy;

through a charter. This term includes regulatory agencies, chartered

Government then is composed of the three great departments the

institutions and government-owned and controlled corporations". MCIAA is not an agency or

executive, the legislative and the judicial. An "agency" of the

Government refers to "any of the various units of the Government, including a department, bureau,

instrumentality of the government but only a GOCC, thus, LGUs may tax them. B. Decentralization, autonomy Limbona v. Mangelin Petitioner Speaker Alimbusat local

office instrumentality, or governmentowned or controlled corporation, or a local government or a distinct unit therein;" while an "instrumentality" refers to "any agency of the National Government, not integrated within the department framework, vested with

Limbona was the speaker of the regional legislative assembly of

central Mindanao. He was invited to attend a conference and hence he advised acting secretary Alimbuyao to inform the assemblyman that there will be no session on such that he will be away. The Assembly held session in

HELD:

Autonomy

is

either

decentralization of administration or decentralization of power. There is decentralization when the of administration government

central

delegates administrative powers to political subdivisions in order to broaden the base of government power and in the process to make local governments "more responsive and accountable," and "ensure their fullest development as self-reliant communities and make them more effective partners in the pursuit of national development and social

defiance of petitioner's advice. After declaring the presence of a quorum, all present voted that the seat of the speaker be declared vacant. The petitioner then went to court praying that judgment be rendered declaring the proceedings held by respondents during the session and his ouster as null and void. The respondents assails the

progress." At the same time, it relieves the central government of the burden of managing local affairs and enables it to concentrate on national concerns. The President

jurisdiction of the Court to rule upon the issue.

exercises "general supervision" over them, but only to "ensure that local affairs are administered according to law." He has no control over their acts in the sense that he can substitute their judgments with his own. Decentralization of power, on the other hand, involves an abdication of political power in the favor of local governments units declared to be autonomous. In that case, the

accountable

not

to

the

central

authorities but to its constituency. But the question of whether or not the grant of autonomy under to the Muslim 1987

Mindanao

Constitution involves, truly, an effort to decentralize power rather than mere administration is a question foreign to this petition, since what is involved herein is a local government unit constituted prior to the ratification of the present Constitution. Hence, the Court will not resolve that

autonomous government is free to chart its own destiny and shape its future with minimum intervention from central authorities. According to a constitutional author, decentralization of power amounts to "self-

controversy now, in this case, since no controversy in fact exists. We will resolve it at the proper time and in the proper case. Under the 1987

Constitution, local government units enjoy autonomy in these two senses

immolation," since in that event, the autonomous government becomes

An

autonomous autonomy

government of the

that latter

autonomous in the former category only, it comes unarguably under our jurisdiction. An examination Decree of the creating very the of

enjoys

category is subject alone to the decree of the organic act creating it and accepted principles on the

Presidential autonomous

effects and limits of "autonomy." On the other hand, an autonomous government of the former class is, as we noted, under the supervision of the national the government President acting the

governments

Mindanao persuades us that they were never meant to exercise

autonomy in the second sense, that is, in which the central government commits an act of self-immolation. Presidential Decree No. 1618, in the first place, mandates that "[t]he

through

(and

Department of Local Government). If the Sangguniang Pampook (of

Region XII), then, is autonomous in the latter sense, its acts are,

President shall have the power of general supervision and control over Autonomous second Regions." the 33 the

debatably, beyond the domain of this Court in perhaps the same way that the internal acts, say, of the

place,

Sangguniang

Pampook, their legislative arm, is made to discharge chiefly

Congress of the Philippines are beyond our jurisdiction. But if it is

administrative services.

Hence, we assume jurisdiction. And if we can make an inquiry in the validity of the expulsion in question, with more reason can we review the petitioner's removal as Speaker. The expulsion of the petitioner has no force and effect. In the first place, there is no showing had that the an

the discretion of the members of the Sanggunian to punish their erring colleagues, nonetheless their subject acts to are the

moderating hand of this Court in the event that such discretion is

exercised with grave abuse. San Juan v. Civil Service Commission Petitioner governor San Juan

Sanggunian

conducted

investigation, and whether or not the petitioner had been heard in his defense, assuming that there was an investigation, or otherwise given the opportunity to do so. In the second place, the resolution appears strongly to be a bare act of vendetta by the other Assemblymen arising against what the the

recommended Santos to the position of Provincial Budget Officer for Rizal Province. such However, in defiance to recommendation, DBM

Regional Officer Galvez appointed Almajosa instead. The governor

protested. The DBM issued a memo ruling that petitioners protest is not meritorious as the DBM validly

petitioner

from

former perceive to be abduracy on the part of the latter. While it is within

exercised its prerogative in filling-up

the contested position since none of the petitioner's nominees met the prescribed requirements. HELD: When the Civil Service the the purely

completion are forwarded to the national officials for review. They are prepared by the local officials who must work within the constraints of those budgets. They are not

Commission recommending Provincial

interpreted power as of

formulated in the inner sanctums of an all-knowing DBM and unilaterally imposed on local governments

Governor

directory, it went against the letter and spirit of the constitutional

whether or not they are relevant to local needs and resources. It is for this reason that there should be a genuine interplay, a balancing of viewpoints, and a harmonization of proposals from both the local and national officials. It is for this reason that the nomination and appointment process involves a sharing of power between the two levels of

provisions on local autonomy. If the DBM Secretary jealously hoards the entirety of budgetary powers and ignores the right of local governments to develop self-reliance and

resoluteness in the handling of their own funds, the goal of meaningful local autonomy is frustrated and set back. Provincial and municipal budgets are prepared at the local level and after

government. Ganzon v. CA (supra)

See above Cordillera Broad Coalition v. COA EO 220, issued by the President in the exercise of her legislative powers under Art. XVIII, sec. 6 of the Constitution, created the Cordillera Administrative Region (CAR).

authority. Local autonomy is not unique to the 1987 Constitution, it being guaranteed also under the 1973 Constitution. And while there was no express guarantee under the 1935 Constitution, the Congress

enacted the Local Autonomy Act (R.A. No. 2264) and the

Decentralization Act (R.A. No. 5185), which ushered the irreversible march towards further enlargement of local autonomy in the country. On the other hand, the creation of

Petitioners argue that the creation of CAR contravened the constitutional guarantee of local autonomy for provinces and cities composing it. HELD: It must be clarified that the constitutional guarantee of local

autonomous

regions

in

Muslim

Mindanao and the Cordilleras, which is peculiar to the 1987 Constitution, contemplates the grant of political autonomy and not just administrative autonomy to these regions. Thus, the provision in the Constitution for an

autonomy in the Constitution refers to the administrative autonomy of local government units or, cast in more technical decentralization language, of the

government

autonomous

regional

government

In 1992, representatives from PPC made representations with the

with a basic structure consisting of an executive legislative department assembly and and a

Pagcor on the possibility of setting up a casino in Pryce Plaza Hotel in Cagayan de Oro City. On November 1992, the parties executed a contract of lease involving the ballroom of the

special

courts with personal, family and property law jurisdiction in each of the autonomous regions. CAR is a mere transitory would political

hotel which would be converted into a casino. Sangguniang Panglungsod of CDO passed prohibiting gambling several the ordinances of and

coordinating prepare the

agency stage

that for

autonomy for the Cordilleras. It fills in the resulting gap in the process of transforming a group of adjacent territorial and political subdivisions already enjoying local into or an with

establishment PPC

casinos.

PAGCOR assail the authority to pass such ordinances. HELD: Ordinances should not

administrative autonomous

autonomy region

vested

contravene a statute. The rational for this requirement is obvious. Municipal

political autonomy. Magtajas v. Pryce

governments are only agents of the national government. Local councils

Properties Corporation

exercise only delegated legislative powers conferred on them by

limitation on the right, the legislature might, by a single act, and if we can suppose it capable of so great a folly and so great a wrong, sweep from existence all of the municipal

Congress as the national lawmaking body. The delegate cannot be

superior to the principal or exercise powers higher than those of the latter. It is a heresy to suggest that the local government units can undo the acts of Congress, from which they have derived their power in the first place, and negate by mere ordinance the mandate of the statute. Municipal corporations owe their

corporations in the State, and the corporation could not prevent it. We know of no limitation on the right so far as to the corporation themselves are concerned. They are, so to phrase it, the mere tenants at will of the legislature. This basic relationship between the national legislature and the local government units has not been

origin to, and derive their powers and rights wholly from the legislature. It breathes into them the breath of life, without which they cannot exist. As it creates, so it may destroy. As it may destroy, it may abridge and control. Unless there is some constitutional

enfeebled by the new provisions in the Constitution strengthening the policy of local autonomy. Without meaning to detract from that policy, we here confirm that Congress

retains

control units

of

the although

local in

status of a statute that cannot be amended or nullified by a mere ordinance. competent Hence, for the it was not

government

significantly reduced degree now than under our previous

Sangguniang

Constitutions. The power to create still includes the power to destroy. The power to grant still includes the power to withhold or recall. True, there are certain notable innovations in the Constitution, like the direct conferment on the local government units of the power to tax, which cannot now be withdrawn by mere statute. By and large, however, the national legislature is still the

Panlungsod of Cagayan de Oro City to enact Ordinance No. 3353

prohibiting the use of buildings for the operation of a casino and Ordinance No. 3375-93 prohibiting the operation of casinos. For all their praiseworthy motives, these ordinances are

contrary to P.D. 1869 and the public policy announced therein and are therefore ultra vires and void. Taule v. Santos On June 18,1989, the Federation of Associations of Barangay Councils (FABC) of Catanduanes, composed

principal of the local government units, which cannot defy its will or modify or violate it. Casino gambling is authorized by P.D. 1869. This decree has the

of eleven (11) members convened with six members in attendance for

the purpose of holding the election of its officers. The election proceeded with petitioner Ruperto Taule

necessary upon the

implication Secretary

conferring of Local

Government the power to assume jurisdiction over an election protect involving officers of the katipunan ng mga barangay. Presidential power

declared as president. The governor protested to the Secretary of DILG the election of officers on the ground of irregularities. Taule assailed the power of the Secretary of DILG to decide FABC election contests. HELD: The Secretary is not of Local with

over local governments is limited by the Constitution to the exercise of general supervision "to ensure that local affairs to is are law." administered The general by the

Government

vested

according supervision

jurisdiction to entertain any protest involving the election of officers of the FABC. There is no question that he is vested with the power to promulgate rules and regulations as set forth in Section 222 of the LGC and the Administrative Code. There is neither a statutory nor constitutional or even by

exercised

President through the Secretary of Local Government. In administrative law, supervision means overseeing or the power or authority of an officer to see that the subordinate officers perform their duties. If the latter fails or neglects to fulfill them the former may take such

provision

expressly

action or step as prescribed by law to make them perform their duties. Control, on the other hand, means the power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for that of the latter. The fundamental law permits the Chief Executive to wield no more authority than that of checking whether said local

power of mere oversight over an inferior body; it does not include any restraining authority over such body. Construing the constitutional

limitation on the power of general supervision of the President over local governments, We hold that Secretary has no authority to pass upon the validity or regularity of the election of the officers of the

katipunan. To allow the Secretary to do so will give him more power than the law or the Constitution grants. It will in effect give him control over local government officials for it will permit him to interfere in a purely democratic and non-partisan activity aimed at strengthening the barangay as the basic component of local governments so that the ultimate goal

government or the officers thereof perform their duties as provided by statutory enactments. Hence, the President cannot interfere with local governments so long as the same or its officers act within the scope of their authority. Supervisory power, when contrasted with control, is the

of fullest autonomy may be achieved. In fact, his order that the new elections to be conducted be

Indeed, it is the policy of the state to ensure the autonomy of local

governments. To deny the Secretary of Local Government the power to review the regularity of the elections of officers of the katipunan would be to enhance the avowed state policy of promoting the autonomy of local governments. The RTCs have the exclusive original jurisdiction to hear the protest. Binay v. Domingo Petitioner through Municipality its Council, of Makati, approved

presided by the Regional Director is a clear and direct interference by the Department with the political affairs of the barangays which is not permitted by the limitation of presidential power to general supervision over local governments.

Resolution No. 60. aims to extend to

This resolution P500 burial

assistance

poor,

bereaved

families, the funds to be taken out of the unappropriated available funds in the municipal treasury. The Metro

Manila Commission approved Res. No. 60. Thereafter, the Municipal

the

state

but

not

in

municipal

corporations. corporation power,

Before a municipal may exercise be a such valid

secretary certified a disbursement of P400,000 for the implementation of the program. However, Commission on Audit disapproved said resolution and disbursement of funds. The

there

must

delegation of such power by the legislature. Municipal corporations

exercise police power under the general welfare clause. Under Sec. 7 of BP 337, every local government unit shall exercise the powers

reasons it gave were: 1)the resolution has no connection to alleged public safety, general welfare, safety, etc. of the inhabitants of Makati; 2)it will only benefit a few individuals. Public

expressly granted, those necessarily implied therefrom, as well as

funds should only be used for public purposes. The issue is WON Res.

necessary and proper for governance such as to promote health and safety, enhance prosperity, improve morals, and maintain peace and order in the LGU, and preserve the comfort and convenience of the inhabitants

No. 60, reenacted as Res. No. 243, is a valid exercise of the police power under the general welfare clause. HELD: Yes. Police power is a

governmental function, an inherent attribute of sovereignty inherent in

therein. Police power is the power to prescribe regulations to promote

the health, morals, peace, education, good order or safety and general welfare of the people. It is the most essential, insistent, and illimitable of powers. The police power of a

merely

because

it

incidentally

benefits a limited number of persons. The care for the poor is generally recognized as a public duty. The support for the poor has long been an accepted exercise of police power in the promotion of the common good. There is no violation of the equal protection clause in classifying

municipal corporation is broad, and has been said to be commensurate with, but not to exceed, the duty to provide for the real needs of the people in their health, safety, comfort, and convenience as consistently as may be with private rights. It extends to all the great public needs, and, in a broad sense includes all legislation and almost every function of the municipal government. Thus, it is inadvisable to frame any definition which shall absolutely indicate the limits of police is not power. Public

paupers as subject of legislation because the classification is

reasonable. Precious to the hearts of our legislators, down to our local councilors, is the welfare of the paupers. Thus, statutes have been passed giving rights and benefits to the disabled, emancipating the

tenant-farmer from the bondage of the soil, housing the urban poor, etc.

purpose

unconstitutional

Res. No. 60 of Makati is a paragon of the continuing program of our

annul Sec. 9 of the said ordinance, claiming that it is contrary to the Constitution, the Q.C. Charter, the Local Autonomy Act, and the Revised Admin. Code. said section The Court declared null and void.

government towards social justice. City Government of Quezon City v. Ericta Sec. 9 0f Ordinance No. 6118 requires that every memorial park cemetery shall set aside at least 6% of its total area for charity burial. For several years, this was not enforced. However, the Q.C. Council passed a resolution instructing the City

Petitioners argue that the taking of the respondent's property is a valid and reasonable exercise of police power and that the land is taken for a public use as it is intended for the burial ground of paupers. They

further argue that the Quezon City Council is authorized under its

Engineer to stop selling the memorial park lots owned by those who failed to donate the required 6% space for paupers burial. Respondent

charter, in the exercise of local police power. On the other hand,

respondent Himlayang Pilipino, Inc. contends that the taking or

Himlayang Pilipino filed with the CFI a petition for and declaratory mandamus seeking relief, with to

confiscation of property is obvious because the questioned ordinance

prohibition preliminary

injunction

permanently restricts the use of the property such that it cannot be used for any reasonable purpose and deprives the owner of all beneficial use of his property. Is Section 9 of the ordinance in question a valid exercise of the police power? HELD: NO, it is not a mere police regulation but an outright

not only confiscates but also prohibits the operation of a memorial park cemetery. Police power is usually exercised in the form of mere

regulation or restriction in the use of liberty or property for the promotion of the general welfare. It does not involve the taking or confiscation of property with the exception of a few cases not obtaining here. There is

confiscation. It deprives a person of his private property without due process of law, nay, even without compensation. An examination of

no reasonable relation between the setting aside of at least 6% of the total area of an private cemeteries for charity burial grounds of deceased paupers and the promotion of health, morals, good order, safety, or the general welfare of the people. The ordinance is actually a taking without compensation of a certain area from a private cemetery to benefit paupers

the Q.C. Charter does not reveal any provision that would justify the

ordinance in question except the provision granting police power to the City. The power to regulate neither includes the power to prohibit nor the power to confiscate. The ordinance

who are charges of the municipal corporation. Instead of building a public cemetery for this purpose, the city passes the burden to private cemeteries. The said expropriation without

or ordinance" it simply authorizes the city to provide its own city owned land or to buy or expropriate private properties cemeteries. to construct Moreover, public the

questioned ordinance was passed after Himlayang Pilipino, Inc. had incorporated, received necessary

compensation is not covered by the Q.C. Charter which empowers the city council to prohibit the burial of the dead within the center of

permits and commenced operating. The sequestration of 6% of the cemetery cannot be considered as having been impliedly acknowledged by the private respondent when it accepted the permits to commence operations. Villanueva v. Castaneda The Municipal Council of San

population of the city and to provide for their burial in a proper place subject to the provisions of general law regulating burial grounds and cemeteries. When the Local

Government Code, B.P. Blg. 337 states that a Sangguniang

panlungsod may "provide for the burial of the dead in such place and in such manner as prescribed by law

Fernando adopted Res. No. 218 authorizing 24 members of the

Fernandino United Merchants and

Traders

Association

to

construct

restore the property to its original and customary use as a public plaza. Respondent Macalino, as

permanent stalls and sell in the vicinity of the public market of San Fernando, Pampanga along Mercado Street. The action was protested and the CFI held that the land occupied by the petitioners/stallholders, being public in nature, was beyond the commerce of man and could not be the subject of private occupancy. The decision, however, was not enforced for the petitioners were not evicted from the place and were even assigned space allotments for which they paid daily fees to the municipal government. Thereafter, the

officer-in-charge of the office of the mayor of San Fernando, issued a resolution directing the municipal treasurer and engineer to demolish the stalls. Petitioners, claiming that the area in question was leased to them by the municipal government, filed a case for prohibition with the CFI which was denied. Do the

petitioners/stallholders have a right to the said land? HELD: NO, the place in question is a public plaza which is beyond the commerce of man and cannot be the subject of lease or any other

Association of Concerned Citizens and Consumers of San Fernando filed a petition for the immediate implementation of Res. No. 29 to

contractual undertaking. In Muyot vs. de la Fuente, it was held that the City

of Manila could not lease a portion of a public sidewalk, being likewise beyond the commerce of man. In Espiritu vs. Municipal Council of Pozorrubio, the Supreme Court held: The town plaza cannot be used for the construction of market stalls or residences, and such structures

has deprived the stallholders in the public market of much business and has denied to the people the proper use of the public plaza. These

problems are covered by police power as delegated under the to the

municipality

general

welfare clause. This authorizes the municipal council to enact such ordinances, not repugnant to law, necessary to discharge the powers and duties conferred upon it by law and such as shall seem necessary and proper to provide for the health and safety, promote the prosperity, improve the morals, peace, good order, comfort, and convenience of the municipality and the inhabitants thereof, and for the protection of property therein. This authority was

constitute a nuisance subject to abatement according to law. Town plazas are properties of public

dominion, to be devoted to public use and to be made available to the public in general. They are outside the commerce of man and cannot be disposed of or even leased by the municipality to private parties. The occupation of stallholders (now almost 200) has caused health, safety and sanitation problems. It

validly

exercised

through

the

impairment clause, which is subject to and limited by the paramount police power. Republic v. Gonzalez The Republic of the Philippines is the owner of 2 parcels of land in Taong Malabon, Metro Manila (Lots 1 and 2). The said property was formerly a deep swamp until the occupants thereof, among them appellants

adoption of a resolution by the municipal council of San Fernando. Even assuming a valid lease of the property in dispute, the resolution should have effectively terminated the agreement for it is settled that the police power cannot be surrendered or bargained away through the

medium of a contract. In fact, every contract affecting the public interest suffers a congenital infirmity in that it contains an implied reservation of the police power as a postulate of the existing legal order. This power can be activated at any time to change the provisions of the contract, or even abrogate it entirely, for the promotion or protection of the general welfare. Such an act will not violate the

Gonzales and Josue, started filling it. Each of the appellants constructed a mixed residential and commercial building on Lot 2. Thereafter, then President

Magsaysay issued Proclamation No. 144, entitled "Reserving for Street Widening and Parking Space

Purposes Certain Parcels of the

Public

Domain

Situated

in

the

to construct a building as well as a business license duly issued by the Office of the Mayor of Malabon; and (3) the lot occupied by them was not needed by the Municipality of

Municipality of Malabon, Province of Rizal, Island of Luzon." Lots 1 and 2 were specifically withdrawn from sale or settlement and reserved for the purposes stated in the Proclamation. The Municipal Council of Malabon then passed Resolutions authorizing the filing of ejectment cases against appellants so that Proclamation No, 144 could be implemented. Separate complaints were also filed against appellants for the recovery of the portions occupying. Appellants disputed the right of the Government to recover the lots for these reasons: 1) they already filed sales applications with the Bureau of Lands; 2) they had a municipal permit of Lot 2 they were

Malabon in the widening of F. Sevilla Boulevard and the setting aside of lots for parking does not redound to the public benefit. The Trial Court

ordered the appellants to reconvey the lots to the government. Is Proc. No. 144 lawful and valid? HELD: Yes! Proc. No. 144 was

issued by the President in response to several resolutions passed by the Municipal Council of Malabon, Rizal, to address the increasing vehicular traffic along F. Sevilla Blvd. The Municipal Council had proposed to widen the road and reserve an area

for parking space to ease up traffic problems. The public has much to gain from the proposed road

hence there would be lacking the essential feature of property reserved for public use is or benefit. since This the

widening and from establishment of a municipal parking area. Traffic

conception

flawed

number of users is not the yardstick in determining whether property is properly reserved for public use or public benefit. To constitute public use, the public in general should have equal or common rights to use the land or facility involved on the same terms, however limited in

congestion constitutes a threat to the health, welfare, safety and

convenience of the people and it can only be substantially relieved by widening streets and providing

adequate parking areas. Under the Land Transportation and Traffic

Code, parking in designated areas along public streets or highways is allowed which clearly indicates that provision for parking spaces serves a useful purpose. Appellants, however, allege that the resulting benefits, if any, will be confined to people who have cars,

number the people who can actually avail themselves of it at a given time. There is nothing in Proc. No. 144 which excludes non-car-owners from using a widened street or a parking area should they in fact happen to be driving cars; the opportunity to avail

of the use thereof remains open to the public. Prior to the issuance of Proc. No. 144, appellants had applied for sales applications with the Bureau of Lands over the said lots. By doing so, they are deemed to by have the the admitted National said

Government.

While appellants had

secured municipal permits for the construction of buildings on the lands in dispute, the Court held that the disposition and management of lands of the public domain were directly under the executive control of the Director of Lands, and not of local government officials. Thus, the

ownership Government

since

application can only be filed in respect of public land, not private land. These applications were either not yet approved or were already rejected by the Bureau of Lands at the time the proclamation was

Malabon Municipal Mayor exceeded his authority in allowing the use of lands of the public domain to

appellants. Patalinhug v. CA The Sangguniang Panlungsod of Davao City enacted Ordinance No. 363 otherwise known as the of

issued. Thus, no private rights had accrued and become vested in

appellants. The lots remained public lands and were subject to the free disposition and control of the

"Expanded

Zoning

Ordinance

Davao City" which required that funeral parlors shall be built not less

than 50 meters from any residential structures, churches, and other

that: 1) the residential building and Iglesia ni Kristo chapel are 63.25 meters and 55.95 m respectively from the funeral parlor; 2) Although the residential building owned by Mr. Tepoot is adjacent to the funeral parlor, said residential building is being rented by a certain Mr. Asiaten who actually devotes it to his laundry business with machinery thereon. On appeal, the CA reversed the lower court by annulling the building permit issued to the petitioner. It disagreed with the lower court's determination that Tepoot's building was commercial and ruled that

institutional buildings. permit was issued in

A building favor of

petitioner for the construction of a funeral parlor. Thereafter, petitioner commenced its construction. Acting on the complaint of several residents of Brgy. Agdao, Davao City that the construction of petitioner's funeral parlor violated Ordinance No. 363, since it was allegedly situated within a 50-meter radius from the Iglesia ni Kristo Chapel and several residences (the nearest residential structure, owned by Mr. Tepoot is only 8 inches to the south). Private respondents

although it was used by Tepoot's lessee for a laundry business, it was a residential lot as reflected in the tax

filed a case for the declaration of nullity of the building permit. The

court dismissed the complaint finding

declaration, thus paving the way for the application of Ordinance No. 363. HELD: Petitioners operation of a

tax declaration is not conclusive of the nature of the property for zoning purposes. A property may be

funeral home constitutes permissible use within the district in Davao City. The testimony of City Councilor Vergara shows that Mr. Tepoot's building was used for a dual purpose both as a dwelling and as a place where a laundry business is

declared by its owner as residential for real estate taxation purposes but it may well be within a commercial zone. A discrepancy may thus exist in the determination of the nature of property for real estate taxation purposes vis-a-vis the determination of a property for zoning purposes. A tax declaration only enables the assessor to identify the same for assessment levels. In fact, a tax declaration does not bind a

conducted. But while its commercial aspect has been established by the presence of laundry paraphernalia, its use as a residence, other than being declared for taxation purposes as such, was not fully substantiated. The reversal by the CA of the TCs decision was based on Tepoot's building being declared for taxation purposes as residential. However, a

provincial/city assessor, for under Sec. 22 of the Real Estate Tax Code, appraisal and assessment are based on the actual use irrespective of "any previous assessment or taxpayer's

valuation thereon," which is based on a taxpayer's declaration. In fact, a piece of land declared by a taxpayer as residential may be assessed by the provincial or city assessor as commercial because its actual use is commercial. The finding that Mr. Tepoot's building is commercial is strengthened by the fact that the has area Sangguniang declared as the

thru

the

ordinance,

private

respondents have failed to present convincing arguments to substantiate their claim that Cabaguio Avenue, where the funeral parlor was

constructed, was still a residential zone. Unquestionably, the operation of a funeral parlor constitutes a "commercial purpose." The

declaration of the said area as a commercial zone thru a municipal ordinance is an exercise of police power to promote the good order and general welfare of the people in the locality. Corollary thereto, the state, in order to promote the general welfare, may interfere with personal liberty, with property, and with

Panlungsod questioned

commercial. if Tepoot's

Consequently,

even

building was declared for taxation purposes as residential, once a local government has reclassified an area as commercial, that determination for zoning purposes must prevail. While the commercial character of the questioned vicinity has been declared

business and occupations. Thus, persons may be subjected to certain

kinds of restraints and burdens in order to secure the general welfare of the state and to this fundamental aim of government, the rights of the individual may be subordinated. The ordinance which regulates the

Sec. 25. Local

National Supervision over Units. (a)

Government

Consistent with the basic policy on local autonomy, the President shall exercise general supervision over local government units to ensure that their acts are within the scope of their prescribed powers and functions. The President shall exercise

location of funeral homes has been adopted as part of comprehensive zoning plans for the orderly

development of the area covered thereunder. C. Intergovernmental relations Book I, Chapters 3 and 4, LGC (sec 25 36) CHAPTER THREE:

supervisory authority directly over provinces, highly urbanized cities, and independent component cities through the province with respect to component cities and municipalities; and through the city and municipality with respect to barangays.

Intergovernmental Relations Article One. National Government

(b)

National agencies and offices

with project implementation functions shall coordinate with one another and with the local government units and Local Government Units

concerned in the discharge of these functions. They shall ensure the participation of local the of government

chief executive concerned, for his information and guidance, monthly reports budgetary expenditures. Sec. 26. Duty of National in the including duly certified and

units both in implementation projects.

planning and said national

allocations

(c) The President may, upon request of the local government unit

Government

Agencies

Maintenance of Ecological Balance. It shall be the duty of every national agency or government-owned or

concerned, direct the appropriate national agency to provide financial, technical, or other forms of

controlled corporation authorizing or involved in the planning and

assistance to the local government unit. Such assistance shall be

implementation of any project or program that may cause pollution, climatic change, depletion of nonrenewable resources, loss of

extended at no extra cost to the local government unit concerned. (d) National agencies and offices government-owned or

including

cropland, rangeland, or forest cover, and extinction of animal or plant species, to consult with the local government units, non-governmental

controlled corporations with field units or branches in a province, city, or municipality shall furnish the local

organizations,

and

other

sectors

relocation sites have been provided, in accordance with the provisions of the Constitution. Article Two. Relations with the

concerned and explain the goals and objectives of the project or program, its impact upon the people and the community in terms of environmental or ecological balance, and the

Philippine National Police Sec. 28. Powers of Local Chief

measures that will be undertaken to prevent or minimize the adverse effects thereof. Sec. 27. Prior Consultations

Executives over the Units of the Philippine National Police. The

extent of operational supervision and control of local chief executives over the police force, fire protection unit, and jail management in their personnel respective

Required.

No project or program

shall be implemented by government authorities unless the consultations mentioned in Sections 2 (c) and 26 hereof are complied with, and prior approval of the sanggunian

assigned

jurisdictions shall be governed by the provisions of Republic Act Numbered Sixty-nine hundred seventy-five (R.A. No. 6975), otherwise known as "The Department of the Interior and Local Government Act of 1990", and the

concerned is obtained: Provided, That occupants in areas where such projects are to be implemented shall not be evicted unless appropriate

rules and regulations issued pursuant thereto. Article Three. Inter-Local

promulgated by the component city or municipal mayor within his

jurisdiction. The city or municipal mayor shall review all executive orders promulgated by the punong

Government Relations Sec. 29. Provincial Relations with

barangay

within

his

jurisdiction.

Component Cities and Municipalities. The province, through the governor, shall ensure that every component city and municipality within its

Copies of such orders shall be forwarded to the governor or the city or municipal mayor, as the case may be, within three (3) days from their issuance. In all instances of review, the local chief executive concerned shall ensure that such executive orders are within the powers granted by law and in conformity or with

territorial jurisdiction acts within the scope of its prescribed powers and functions. Highly urbanized cities and independent component cities shall be independent of the province. Sec. 30. Orders. Review of Executive (a) Except as otherwise

provincial, ordinances. (b)

city,

municipal

provided under the Constitution and special statutes, the governor shall review all executive orders

If the governor or the city or

municipal mayor fails to act on said executive orders within thirty (30)

days after their submission, the same shall be deemed consistent with law and therefore valid. Sec. 31. Submission of Municipal

barangays act within the scope of their prescribed powers and

functions. Sec. 33. Among Cooperative Undertakings Local Government Units.

Questions to the Provincial Legal Officer or Prosecutor. In the absence of a municipal legal officer, the municipal government may secure the opinion of the provincial legal officer, and in the absence of the latter, that of the provincial

Local government units may, through appropriate themselves, ordinances, consolidate, group or

coordinate their efforts, services, and resources for purposes commonly beneficial to them. In support of such undertakings, the local government units involved may, upon approval by the sanggunian concerned after a public hearing conducted for the purpose, contribute funds, real

prosecutor on any legal question affecting the municipality. Sec. 32. City and Municipal

Supervision over Their Respective Barangays. The city or municipality, through the city or municipal mayor concerned, shall exercise general supervision barangays to over ensure component that said

estate, equipment, and other kinds of property and appoint or assign

personnel under such terms and conditions as may be agreed upon by

the participating local units through Memoranda of Agreement. CHAPTER FOUR: Relations with People's and Non-governmental

organizations

to

engage

in

the

delivery of certain basic services, capability-building projects, enterprises and to and livelihood local

develop to

Organizations Sec. 34. Role of People's and NonLocal

designed

improve

productivity and income, diversity agriculture, spur rural

governmental Organizations.

industrialization, promote ecological balance, and enhance the economic and social well-being of the people. Sec. 36. Assistance to People's and Non-governmental Organizations. A local government unit may through its local chief executive and with the

government units shall promote the establishment people's and to and operation of

non-governmental become active

organizations

partners in the pursuit of local autonomy. Sec. 35. Linkages with People's and Non-governmental Organizations.

concurrence concerned, financial people's or

of

the

sanggunian assistance, to such

provide otherwise,

Local government units may enter into joint ventures and such other cooperative people's arrangements and with

and

non-governmental

organizations for economic, sociallyoriented, environmental, or cultural

non-governmental

projects to be implemented within its territorial jurisdiction.

POWERS

OF

MUNICIPAL CORPORATIONS /LOCAL GOVERNMENTS Corporations, VIII and IX The grant of authority to the

Municipal Chapters (Martin) CHAPTER

sangguniang of the particular local government unit is what is known as

EIGHT:

Powers

of

the General Welfare Clause In Barangays, the GWC is found in Section 91 (a) of the LGC In Municipalities, the GWC is found in Section 149 (a) of the LGC

municipal corporations I. Police Power

Nature of the Power Is inherent in the State but not in municipal corporations. In order that a municipal corporation may exercise police power, there must be a legislative grant which necessarily also sets the limits for the exercise of the power.

For Provinces, the GWC is found in Section 208 (a) of the LGC 2 Branches of the General Welfare Clause General Legislative Power the power to enact ordinances as may be

necessary to carry into effect and discharge the responsibilities

Second

that

the

means for

is the

reasonably

necessary

conferred upon it by law Power Power Proper the authority to enact such ordinances as shall be necessary and proper to promote health and safety, and enhance the

accomplishment of the purpose and not unduly oppressive upon

individuals Liberal Interpretation of the General Welfare Clause A restrictive view of the general welfare clause is not favored. The view that the scope of the police power, and therefore of the general welfare clause, has been fixed by traditional delineations is not quite

prosperity

general

welfare,

improve the morals and maintain peace and order in the particular local government unit and preserve the comfort and convenience of the inhabitants therein Requisites for the Exercise of Police Power First that the interest of the public generally as distinguished from those of a particular class require such interference, and

accurate. received

Police a full

power and

has

not

complete

definition; it is elastic and must be responsive to various social

conditions; it is not confined within the narrow circumscription of

precedents

resting

on

past

Power of Municipal Corporations to Legislate on the Same Subject

conditions; it must follow the legal progress of a democratic way of life Exercise Boundary Ordinarily, the powers of a municipal corporation can be exercised only within its own territorial limits which are contiguous. However, statutes sometimes authorize it to exercise police powers beyond its territorial boundaries, especially for the of Powers Beyond

Covered by Law A municipal corporation, under the authority of its charter, may adopt ordinances upon subjects already covered by general law as long as the ordinance is not repugnant to nor in conflict with the latter. The reason for the above principle is that municipal authorities are in a better position to determine the evils sought to be prevented by the legislature in enacting a particular statute and, therefore, to pass the appropriate ordinance to attain the main object of the law

preservation of public health (i.e., City of Manila which is empowered by statute to extend its ordinances over the Bay of Manila, three miles beyond the city limits and over any vessel floating within that distance)

Effect of conviction or acquittal under either Statute or Ordinance Punishing the Same Act The Constitution expressly provides, that if an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. Hence, where it appears that a person has already been prosecuted and convicted or acquitted of an act made punishable by an ordinance he can invoke the defense of double jeopardy, should the government prosecute him further under the statute punishing the same act. II. Power Domain Nature of the Power of Eminent

A municipal corporation can only exercise the right of eminent domain when the same has been conferred upon it by the legislature, expressly or by necessary implication, since the municipal corporation has no more right than any other corporation to condemn property. But although there is no inherent power in a municipal corporation to acquire property thru condemnation proceedings, in nearly all jurisdictions the legislature has conferred the power of eminent domain on cities, towns, and villages either by express provision or in a general statute or in the municipal charter. Who may exercise the right

The right of eminent domain may be exercised either directly by the

Whether exercised

the by

power the thru

is

directly or

legislature

legislature or through the medium of corporate bodies, or of individual enterprises, by virtue of a delegation of the power. The legislature, unless limited by constitutional restriction, is entirely free to use its discretion in the selection of agents to exercise the power Purposes of Expropriation The power may only be exercised for public purposes (for examples see Section 2106[f] and Section 2245 of the Revised Administrative Code) Power of Eminent Domain as

immediately

municipal

corporations or other public agencies, the purpose or use for which the property authorized to be

appropriated must be specified. The power cannot be enlarged by

doubtful construction. The power of eminent domain, being in derogation of private property rights, is justified only by a clear public necessity of an urgent public policy. The power must be strictly construed corporation. against The the municipal and

purpose

procedure prescribed for its exercise must be strictly followed in all

exercised by Municipal Corporation must be strictly construed

substantial matters. This rule of strict construction is mandatory and should

within reasonable limits, be inflexibly adhered to and applied. III. Power of Taxation

2.

Taxation shall be just and in each municipality uniform

3.

It shall not be within the power of the municipal

Nature of the Power as exercised by Municipal Corporations The power to tax, although inherent in sovereignty, is not possessed by municipal corporations by the mere fact that they are creations of the State. The Power must be expressly conferred upon them, either in their charters or in a general law. Requisites of Municipal Taxation 1. Municipal revenue

council to impose a tax in any form goods whatever upon

and

merchandise

carried into the municipality, or out of the same, and any attempt of an unreasonable charge for wharfage, use of bridges or otherwise, shall be void (case of Laoag Producers vs. Mun. of

Laoag, says this has already been impliedly repealed by the Local Autonomy Act) 4. In no case shall collection of municipal taxes be left to any person

obtainable by taxation shall be derived only from as such are

sources

expressly authorized by law

5.

Except as allowed by law, municipal funds, shall be devoted exclusively to local public purpose

Power

to

License

is

police

measure; the power to Tax is a revenue measure Distinction between a license tax and a general tax A license tax is not a tax upon property, but it is a burden imposed for the right to exercise a franchise or a privilege which could be withheld or forbidden altogether. The sum

Power to License Where only the power to license is given to municipal corporations, the presumption is that it is regulatory, rather than for raising of revenue. The terms in which a municipality is empowered to grant license are expected to indicate with sufficient precision whether the power could be exercised for revenue-raising

charged is merely used as the mode of computing the amount to be paid for the exercise of the privilege. Kinds of Municipal License 1. Licenses for the regulation of

purposes or merely for regulation Distinction between the Power to License and the Power to Tax

useful enterprises

occupations

or

2. Licenses for the regulation or restriction of non-useful

effectivity of such ordinance shall be suspended. Condonation of Taxes Municipal council has no right to condone taxes already accrued. This power has been withheld from

occupations or enterprises 3. Licenses for revenue only Effectivity of Tax Ordinance A tax ordinance shall go into effect on the 15th day after its passage, unless the ordinance shall provide

municipal councils to prevent abuse Under the law, it is the provincial treasurer who can condone municipal taxes (Reyes vs. Cornista, 49 OG 931) Special Assessment; Its

otherwise: Provided, however, that the Secretary of Finance shall have the authority to suspend the

effectivity of any ordinance within one hundred and twenty days after its passage, if, in his opinion, the tax or fee therein levied or imposed is unjust, excessive, oppressive, or

distinguishing Features Like general are taxes, special in but

assessments proportionate

enforced

confiscatory, and when the said secretary exercises this authority the

contributions,

instead of being imposed at regularly recurring continuous periods to provide special

revenue,

assessments

are

levied

only

4. SA is exceptional both as to time and locality CHAPTER NINE: Powers of

occasionally as required. They are imposed not upon the general body of citizens, but upon a limited class of persons who are interested in local government, and also are specially benefited in a local improvement to the extend of the assessment. They are imposed and collected as an equivalent, actual or presumed, of the benefits and are required to pay for the cost of the improvement. Distinction between a Tax and I.

municipal corporations Power to Appropriate and Spend Money Nature of the Power Unless expressly authorized by its charter or statute, a municipal

corporation cannot appropriate or give away the public money of the municipality as pure donations to any person, corporation, or private

Special Assessment 1. SA can be levied only on land 2. SA cannot be made a personal liability of the person assessed 3. SA is based wholly on benefits

institution, under the control of the city and having no connection with it In the Philippines, the power of municipal corporations to appropriate and spend money is among the many

powers expressly authorized in their charters Limitation on the Power to

The power to borrow does not belong to a municipal corporation as an incident of its creation. It exists only when conferred by express

Appropriate and Spend The legislature can neither compel nor authorize a municipal corporation to spend any of its funds for a private purpose, and consequently, since practically every undertaking of a municipality does or may require the expenditures of money, a municipal corporation cannot, even with the express legislative sanction, embark in any private enterprise or assume any functions which are not in a legal sense public. II. Power to Borrow Money

constitutional or legislative grant or by force of legislative vestment of power, coupled with the imposition of duties which are incapable of

exercise and performance without the borrowing of money Limitation on the Power to Borrow A limit to municipal indebtedness may be fixed either by statute or Constitution beyond which no

obligation could be incurred by the municipality The purpose of limiting municipal indebtedness is to protect persons residing in municipalities from the

Nature of the Power

abuse of their creditors and the consequent operation of burdensome if not ruinous taxes III. Power to Issue Municipal Bonds Subject to Judicial Examination.

The rules that municipal corporations may exercise those powers which are expressly granted, or those essential to the carrying out of declared objects and the purposes of the corporation, is applicable with respect to the power of the municipality to bind itself by contract This power, however, is not to be construed as authorizing the making of contracts of all description, but only such as are necessary and usually fit and proper, to enable the corporation to secure or carry into effect the purposes for which it was

There are cases holding that the power to issue bonds is inherent in the municipal corporation. Upon

examination, however, most of the cases will be found as sustaining the implied rather than the inherent power of a municipality to issue bonds The power to issue negotiable paper will be implied from the express power to borrow money IV. Power to Contract

created Nature of the Duty of Municipal Authorities Contracts in the Execution of

Nature and Extent of Power

The duty of the officers of the municipal corporation in the letting of municipal contracts is not merely ministerial but of a judicial and discretionary nature. In the absence of fraud or palpable abuse of

V.

Power to Acquire, Hold, and Dispose of Property

Nature of Power While the power to acquire property for public purposes is deemed

discretion, courts have no power to control their action Requisites Necessary for the Validity of Municipal Contracts a. First, that the Corporation has the express, implied, or inherent power to enter into the particular contract b. Second, that the contract is entered into by the proper department, board,

inherent in municipal corporations or one necessarily implied from other express powers of municipal

corporations, in the Philippines, this power is expressly authorized in the corporate charters Municipal Property, Classified In the Philippines, properties of

provinces, cities, and municipalities are divided into property for public use and patrimonial property Grants of Land in favor of municipal corporations by the State; Requisites

committee, officer or agent

Two requisites are necessary in order to presume a grant of land to municipal corporations, namely, that the land is one which the municipality itself can exclusively own; and that the land is used to meet public necessity Municipality may alienate its property Municipal Corporations possess the incidental or implied power to

Where property not charged with a trust or public use is held by the corporation without legislative

restriction as to its sale, it may mortgage it to secure any debt or obligation that it has the power to create or enter into. The power to mortgage, if not expressly given or denies, can be considered an

incident of the power to hold and dispose of property, and to make contracts VI. Power to Sue and Be Sued

alienate or dispose of their real or personal nature. properties of Conversely, a private cannot

they

exercise a like power over their properties of a public nature in violation of the trust in which such properties are held. Power to Mortgage

Nature of the Power The power to sue and be sued is an essential attribute of Municipal

Corporation. A municipality, like any other complete corporation or person, may appeal to the court for the

vindication of its right; and for any wrong done by it, it may be sued by the injured party. The power to sue and be sued by the injured party includes the right claims to settle of or the

place or province in which the municipality is situated. The reasons for this are: That the municipal statutory in corporation some remain and

place,

compromise municipality.

therefore, must be sued where they are found; that the welfare of the municipal bodies and of their citizens require that their officers should be

Municipality may file suit in behalf of the inhabitants In many instances, may a municipal bring a

permitted to remain at home and discharge their public duties instead of being called elsewhere to attend litigation. The venue of action in the place of the municipality applies whether the cause of action arises from the

corporation

representative action in behalf of its inhabitants to protect, preserve, or establish a common right. Venue of Action An action against a municipal

proprietary or governmental conduct of the municipality.

corporation is inherently local. In the absence of any statutory provision to the contrary, it must be brought in the

Compendium Autonomy Government, (Agra) See above

on and

Local Local 5

issued notices of condemnation to petitioners. The condemnation orders stated that the subject buildings were found to be in dangerous condition and therefore condemned, subject to the confirmation of the Mayor as

Chapter

Book I, Chapter 2, LGC (Sec 6 24) See above A. Police Power Binay v. Domingo (supra) See above Chua Huat v. CA Manuel Uy and Sons, Inc. requested del Rosario, the City Engineer and Building Official of Manila, to

required by Section 276 of the Compilation of Ordinances of the City of Manila. It was stated that the notice was not an order to demolish as the findings of the City Engineer are still subject to the approval of the Mayor. The orders were based on

inspection reports made by the Office of the City Engineer which showed that the buildings suffered from

structural deterioration of as much as 80%. The Mayor confirmed the

condemn the dilapidated structures located in Paco, Manila, all occupied by petitioners. The said official

condemnation orders.

Petitioners

protested

against

the

to condemn and remove buildings and structures is an exercise of the police power granted the City of Manila to promote public safety. HELD: The power to condemn

notices of condemnation. Later, the City Engineer issued a demolition order to the filed petitioners. a Petition The for

petitioners

Prohibition, with PI or TRO against the City Mayor, City Engineer,

buildings and structures in the City of Manila falls within the exclusive jurisdiction of the City Engineer, who is at the same time the Building Officials. The Compilation of

Building Officer and Manuel Uy and Sons Inc. The Court issued the TRO and required respondents to comment. Respondents prayed that the petition be dismissed claiming that: (1) the power to condemn buildings and structures in the City of Manila falls within the exclusive domain of the City Engineer pursuant to Sections 275 and 276 of its Compilation of Ordinances (also Revised

Ordinances of the City of Manila and the National Building Code, also provide the authority of the Building Officials, with respect to dangerous buildings. Respondent City Engineer and Building Official can, therefore, validly issue the questioned

condemnation and demolition orders. This is also true with the Mayor who can approve or deny the

Ordinances 1600); and (2) the power

condemnation orders as provided in Section 276 of the Compilation of Ordinances of the City of

Due to the complaints received from the residents of barrio Sta. Elena against the disturbance caused by the operation of the abaca bailing machine inside petitioners

Manila.There was no grave abuse of discretion on the part of the

respondent City Engineer because the orders were made only after thorough ocular inspections were conducted by the City's Building Inspectors. The respondent Mayor's act of approving the condemnation orders was likewise done in

warehouse which emitted obnoxious odor and dust, a committee was appointed by the municipal council of Virac to investigate the matter. The committee noted that the warehouse was near residential houses and that the inflammable materials inside

accordance with law.

Also, the

created danger to the lives and properties of the people. Resolution 29 was passed by the Municipal Council declaring the warehouse as a public nuisance within the purview of Article 694 of the CC. The

protest made by petitioners was submitted 3 months after the notices of condemnation were issued, and clearly beyond the seven days

prescribed for doing so. Tatel Virac v. Municipality of

petitioners MR was denied.

Petitioner

filed

petition

for

with law. The court ruled in favor of the municipal council and held that the ordinance was a legitimate and valid exercise of police power by the municipal council. HELD: Ordinance No. 13 was

prohibition with preliminary injunction with the CFI enjoining them from enforcing Council. Resolution 29 of the

The municipal officials

contend that the warehouse was constructed in violation of Ordinance No. 13, prohibiting the construction of warehouses near a block of houses either in the poblacion or barrios without maintaining the necessary distance of 200 meters from said block of houses to avoid loss of lives and properties by accidental fire. Petitioner ordinance contends is that said

passed by the Municipal Council of Virac in the exercise of its police power. Municipal corporations are agencies of the State for the

promotion and maintenance of local self-government and as such are endowed with the police powers in order to effectively accomplish and carry out the declared objects of their creation. Its authority emanates from the general welfare clause under the Administrative Code. For an ordinance to be valid, it must not only be within the corporate

unconstitutional,

contrary to the due process and equal protection clause of the

Constitution and null and void for not having been passed in accordance

powers of the municipality to enact but must also be passed according to the procedure prescribed by law, and must be in consonance with certain well established and basic principles of a substantive nature. These

basic obligation of any government. Its purpose is well within the

objectives of sound government. No undue restraint is placed upon the petitioner or for anybody to engage in trade but merely a prohibition from storing inflammable products in the warehouse because of the danger of fire to the lives and properties of the people residing in the vicinity. As to the contention, that warehouses

principles require that a municipal ordinance (1) must not contravene the Constitution or any statute (2) must not be unfair or oppressive (3) must not be partial or discriminatory (4) must not prohibit but may regulate trade (5) must be general and consistent with public policy, and (6) must not be unreasonable.

similarly situated as that of the petitioner were not prosecuted, the mere fact that have the not municipal proceeded

authorities

Ordinance No. 13, meets these criteria. The purpose of the

against other warehouses in the municipality allegedly violating

ordinance is to avoid loss of life and property in case of accidental fire which is one of the primordial and

Ordinance 13 is no reason to claim that the ordinance is discriminatory. A distinction must be made between

the law itself and the manner in which said law is implemented by the agencies in charge with its

permit, no rally policy and authorized the preemptive dispersal of rallies deemed unlawful by the executive branch. Petitioners based their

administration/enforcement. There is no valid reason for the petitioner to complain, in the absence of proof that the other bodegas mentioned by him are operating in violation of the ordinance and that the complaints have been lodged against without the the

arguments primarily on the ground of freedom of expression. The Court upheld the constitutionality of BP 880. It found out that the procedure prescribed in the statute does not impose an absolute ban on rallies, but merely a time, place and manner (TPM) regulation that was contentneutral. Since the content of the speech was not relevant, it held that it does not impose any prior restraint.

bodegas

concerned

municipal authorities doing anything about it. Bayan v. Ermita Petitioners constitutionality attacked of the the Public

The

overbreadth

argument

of

petitioners was also dispensed with by the Court by saying that BP 880 only regulates the exercise of the right to peaceful assembly and

Assembly Act (BP 880) and the Calibrated (CPR) Preemptive by Response Arroyo

policy

the

administrationwhich enforced a no

petition only to the extent needed to avoid a clear and present danger of the substantive evils Congress has the right to preventAs to the delegation of powers to the mayor, the law provides a precise and sufficient standard the clear and present danger test stated in Sec. 6(a) [of BP 880]. The reference to imminent and grave danger of a substantive evil in Sec. 6(c)

be struck down as a darkness that shrouds freedom. It merely confuses our people and is used by some police agents to justify abuses. B. Power of Taxation: Local

Taxes and Real Property Tax Sec 5 -7, Art X, 1987

Constitution Section 5. Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees, and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local

substantially means the same thing and is not an inconsistent standard. However, the CPR serves no valid purpose if it means the same thing as maximum tolerance and is illegal if it means something else For this reason, the so-called calibrated

autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments.

preemptive response policy has no place in our legal firmament and must

Section 6. Local government units shall have a just share, as

PAGCOR, a government owned and controlled corporation, is exempted by its charter from payment of all kinds of taxes except for 5%

determined by law, in the national taxes which shall be automatically released to them. Section 7. Local governments shall be entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their respective areas, in the manner provided by law, including sharing the same with the inhabitants by way of direct benefits. Sec 128 283, LGC See attachments i. Local Taxation

franchise tax. Petitioners assail the grant of such exemption on the ground that it infringes on the right of the City of Manila to impose local fees and taxes. The issue is whether or not PAGCOR which is exempted by its charter from payment of all kinds of taxes except for the 5% franchise tax is subject to the local fees and taxes imposed by the City of Manila. Ruling: yes. The taxing power of local government units must

always yield to an act of Congress. Local government has no inherent

Basco v. PAGCOR power of tax but merely derives such power from Congress. In fact, local

government units have no power to tax instrumentalities of the National Government. Under its charter,

the business of petitioner. Petitioner questions the imposition in view of several provincial circulars directing the municipality officers to refrain from collecting the said taxes. The validity of the ordinance is undisputed for it is an exercise of the

PAGCOR is empowered to operate and regulate gambling casinos. With its regulatory power, it becomes an instrumentality of the National

Government and hence, entitled to exemption from local taxes. Philippine Petroleum Corp v. Municipality of Pililia

constitutional power of LGUs to levy taxes. To allow the continuous

effectivity of the prohibition set forth in the circulars would be tantamount to restricting their power to tax by mere administrative issuances.

Rizal Philippine Petroleum Corporation is a business enterprise engaged in the manufacture of lubricated oil

Administrative regulations must be in harmony with the provisions of the law. It is an ancient rule that exemptions from taxation are

basestock which is a petroleum product, with its refinery plant

construed in strictissimi juris against the taxpayer and liberally in favor of the taxing authority.

situated at Malaya, Pililla, Rizal. The municipality of Pililia enacted a

municipal tax ordinance which covers

Floro

Cement

Corp.

v.

product. Exemptions are construed strictly against the taxpayer. Tuzon and Mapagu v. CA The issue in this case is the liability of petitioners (Mayor Tuzon and

Gorospe The municipality of Lugait, province of Misamis Oriental, seeks to collect from Floro Cement manufacturers and exporter's taxes. Floro Cement says that it is exempted by virtue of PD 463 which prevents LGUs from levying taxes on mineral products. Ruling: the Court has consistently held that it is not a mineral product but rather a manufactured product. The exemption mentioned in P.D. No. 463 refers only to machineries,

Mapagu) for damages for refusing to issue to petitioner Jurado a mayor's permit and license to operate his palay-threshing business for failure to comply with the 1% donation. The Sangguniang Bayan of

Camalaniugan, Cagayan adopted a resolution soliciting 1% donation from the thresher operatorsto help finance the continuation of the of the and

equipment, tools for production, etc., as provided in Sec. 53 of the same decree. The manufacture and the export of cement do not fall under the said provision for it is not a mineral

construction

Sports

Nutrition Center Building. Although the validity of the resolution was not in issue, the SC observed that: it seems to make the donation

obligatory and a condition precedent to the issuance of the mayor's permit. This goes against the nature of a donation, which is an act of liberality and is never obligatoryIf, on the other hand, it is to be considered a tax ordinance, then it must be shown in view of the challenge raised by the private respondents to have been enacted in accordance with the

the duty to enforce it as long as it had not been repealed by the

Sangguniang Bayan or annulled by the courts. ii. Franchises

PLDT v. City of Davao PLDT assails the franchise tax being imposed by the City of Davao. Its argument is based on its franchise in relation to RA 7925 particularly the provision on the equality of treatment in the telecommunications industry. It argues that because Smart and Globe are exempt from the franchise tax, it follows that it must likewise be exempt from the tax being collected by the City of Davao because the grant of tax exemption to Smart and Globe ipso facto extended the same

requirements of the Local Tax Code. Petitioners acted within the scope of their authority and in consonance with their honest interpretation of the resolution in question. It was not for them to rule on its validity. In the absence of a judicial decision

declaring it invalid, its legality would have to be presumed. As executive officials of the municipality, they had

exemption to it. In approving R.A. No. 7925, Congress did not intend it to operate as a blanket tax exemption to all telecommunications entities.

its legislative franchise. According to the court, the franchise distinguishes between two (2) sets of properties, be they real or personal, owned by the franchisee, namely, (a) those actually, directly and exclusively used in its radio or telecommunications business, and (b) those properties which are not so used. The power to impose realty taxes by the LGUs only covers the second category.

Applying the rule of strict construction of laws granting tax exemptions and the rule that doubts should be resolved in favor of municipal

corporations in interpreting statutory provisions powers, on R.A. as municipal 7925 having taxing be

cannot

considered

amended

Bayantels franchise being national in character, the "exemption" thus

petitioner's franchise so as to entitle it to exemption from the imposition of local franchise taxes. City Government of QC v. Bayantel Bayantel claims exemption from real property taxes being imposed by Quezon City. It anchors its claim on

granted in its charter applies to all its real or personal properties found anywhere within the Philippine

archipelago. Although the enactment of the LGC withdrew Bayantels exemption, the amendatory law of

Bayantels franchise reenacted the exemption. FELS Energy v. Province of Batangas NPC entered into a lease contract with Polar Energy, Inc. over 3x30 MW diesel engine power barges moored at Balayan Bay in Calaca, Batangas. The contract (Energy

its rights under the Agreement to Fels despite NPCs initial opposition. FELS received an assessment of real property taxes on the power barges from the Provincial Assessor of

Batangas City. FELS referred the matter to NPC, reminding it of its obligation under the Agreement to pay all real estate taxes. FELS gave NPC the full power and authority to represent it in any conference regarding the real

Conversion Agreement) was for a period of 5 years. Article 10 states

that NPC shall be responsible for the payment of taxes; other than (i)

property assessment of the Provincial Assessor. NPC filed a petition with the LBAA. The LBAA ordered Fels to pay the real estate taxes. The LBAA ruled that the power plant facilities, while they may be classified as movable or

taxes imposed or calculated on the basis of the net income of POLAR and Personal Income Taxes of its employees and (ii) construction

permit fees, environmental permit fees and other similar fees and charges. Polar Energy then assigned

personal property, are nevertheless considered real property for taxation purposes because they are installed at a specific location with a character of permanency. The LBAA also pointed out that the owner of the bargesFELS, a private corporation is the one being taxed, not NPC. A mere agreement making NPC

barges

are

covered

by

the

exemptions under Section 234(c) of R.A. No. 7160. As to the other jurisdictional issue, the CBAA ruled that prescription did not preclude the NPC from pursuing its claim for tax exemption in accordance with

Section 206 of R.A. No. 7160. Upon MR, the CBAA reversed itself. WON the petitioner may be assessed real property taxes Held: Yes

responsible for the payment of all real estate taxes and assessments will not justify the exemption of FELS; such a privilege can only be granted to NPC and cannot be extended to FELS. Fels appealed to the CBAA. The CBAA reversed and ruled that the power barges belong to NPC; since they are actually, directly and

The CBAA and LBAA maintain that power barges are real property and are thus subject to real property tax. Tax assessments by tax examiners are presumed correct and made in good faith, with the taxpayer having the burden of proving otherwise. Factual findings of administrative

exclusively used by it, the power

bodies,

which

have

acquired

owned and controlled corporation engaged in the supply, generation, and transmission of electric power. SC affirms the findings of the LBAA and CBAA that the owner of the taxable properties is petitioner FELS, which is the entity being taxed by the local government. As stipulated under Section 2.11, Article 2 of the Agreement: Ownership of power barges. POLAR shall own the Power Barges and all the fixtures, fittings, machinery and equipment on the Site used in

expertise in their field, are generally binding and conclusive upon the Court. Power barges are categorized as immovable property by destination (Article 415(9) NCC), being in the nature of machinery and other

implements intended by the owner for an industry or work which may be carried on in a building or on a piece of land and which tend directly to meet the needs of said industry or work. Petitioners maintain that the power barges are exempt from real estate tax under Section 234 (c) of R.A. No. 7160 because they are actually, directly and exclusively used by petitioner NPC, a government-

connection with the Power Barges which have been supplied by it at its own cost. POLAR shall operate, manage and maintain the Power

Barges for the purpose of converting Fuel of NAPOCOR into electricity. FELS cannot escape liability from the payment of realty taxes by invoking its exemption in Section 234 (c) of R.A. No. 7160. Indeed, the law states that the machinery must be actually, directly and exclusively used by the government owned or controlled

convert such Fuel into electricity in accordance with Part A of Article 7. It is a basic rule that obligations arising from a contract have the force of law between the parties. Not being contrary to law, morals, good

customs, public order or public policy, the parties to the contract are bound by its terms and conditions. Applying the rule of strict construction of laws granting tax exemptions, and the rule that doubts should be resolved in favor of provincial

corporation; nevertheless, petitioner FELS still cannot find solace in this provision because Section 5.5, Article 5 of the Agreement provides: Operation. POLAR undertakes that until the end of the Lease Period, subject to the supply of the

corporations, we hold that FELS is considered a taxable entity. The mere undertaking of petitioner NPC under Section 10.1 of the Agreement, that it shall be

necessary Fuel pursuant to Article 6 and to the other provisions hereof, it will operate the Power Barges to

responsible for the payment of all real

estate taxes and assessments, does not justify the exemption. The

who are to pay for it. The right of local government units to collect taxes due must always be upheld to avoid severe tax erosion. This

privilege granted to petitioner NPC cannot be extended to FELS. The covenant is between FELS and NPC and does not bind a third person not privy thereto, in this case, the

consideration is consistent with the State policy to guarantee the

autonomy of local governments and the objective of the Local

Province of Batangas. It must be pointed out that the protracted and circuitous litigation has seriously resulted in the local governments deprivation of

Government Code that they enjoy genuine autonomy and to meaningful empower local to

them

achieve their fullest development as self-reliant communities and make them effective partners in the

revenues. The power to tax is an incident unlimited of sovereignty in its and is

magnitude,

attainment of national goals. The power to tax is the most potent instrument to raise the needed

acknowledging in its very nature no perimeter so that security against its abuse is to be found only in the responsibility of the legislature which imposes the tax on the constituency

revenues to finance and support myriad activities of the local

government units for the delivery of

basic

services

essential

to

the

improvement

not

thereinafter

promotion of the general welfare and the enhancement of peace, progress, and prosperity of the people. Digitel v. Province of

specifically exempted. Digitel was granted, under Provincial Ordinance No. 18-92, a provincial franchise to install, maintain and operate a telecommunications

Pangasinan Section 137 LGC the withdrew payment any of

system within Pangasinan. Under the Sec 6 of the provincial franchise, the grantee is required to pay franchise taxes. The Sangguniang Panlalawigan also enacted Provincial Tax Ordinance 1 (Real Property Tax Ordinance of 1992). Section 4 expanded the application of Sec. 6 of the provincial franchise of Digitel to include machineries and and real property

exemption from

franchise tax by authorizing the LGUs to impose a franchise tax on

businesses at a rate not exceeding 50% of 1% of the gross annual receipts of the business. Section 232 also authorizes the imposition of an ad valorem tax on real property by the LGUs within the Metropolitan Manila Area wherein the land, building, machinery and other

other improvements, not thereinafter exempted,. Provincial Tax Ordinance No 4 was then enacted. Sections 4, 5 and 6 positively imposed a franchise tax on businesses enjoying a franchise

Province of Pangasinan found that Digitel had a franchise tax deficiency for the years of 1992, 1993 and 1994. In the interregnum, on 16 March 1995, Congress passed RA 7925 (The Public Telecommunications

within the province of Pangasinan. Digitel was granted by RA 7678 a legislative franchise. Under Section 5 of its legislative franchise, DIGITEL became liable for the payment of a franchise tax as may be prescribed by law of all gross receipts of the telephone or other telecommunications businesses

Policy Act of the Philippines). Section 23 (Equality of Treatment in the Telecommunications Industry), provided for the ipso facto application to any previously granted

telecommunications franchises of any advantage, favor, privilege,

exemption or immunity granted under existing franchises, or those still to be granted, to be accorded immediately and unconditionally to earlier

transacted under it by the grantee, as well as real property tax on its real estate, and buildings exclusive of this franchise.

grantees.

Digitel opposed Pangasinans claim on the ground that: prior to the approval of its legislative franchise, its operation system of a was

of Sum of Money and Damages before Branch 68 of the RTC of Lingayen, Pangasinan. The trial court decided the Province. Digitel maintains that its legislative franchise being an earlier enactment, by virtue of Section 23 of Republic Act No. 7925, and the ipso facto,

telecommunications

done under a Facilities Management Agreement it had previously

executed with the DOTC. Thus, all revenues generated from the

immediate

unconditional

operation of the facilities inured to the DOTC and all the fees received by petitioner DIGITEL were purely for services rendered. under its legislative franchise, the payment of a franchise tax to the BIR would be in lieu of all taxes on said franchise or the earnings therefrom. The Province of Pangasinan filed a Complaint for Mandamus, Collection

application to it of the tax exemption found in the franchises of Globe, Smart and Bell. WON Digitel is exempt from the payment of provincial franchise tax in view of Section 23 of RA 7925 in relation to the exemptions enjoyed by other telephone companies? Held: Prior to the enactment of No its

legislative franchise, Digitel did not enjoy and of exemption franchise from and the real

all

granted

telecommunications

franchises, lest some companies be treated unequally. It is different if Congress enacts a law specifically granting uniform advantages, favor, privilege, exemption, or immunity to all telecommunications entities. R.A. No. 7925 is a to legislative set the on

payment

property taxes. In fact the provincial franchise made Digitel liable for the payment of such taxes. In the case of PLDT v. City of Davao, SC already clarified the confusion brought about by the effect of Section 23 of Republic Act No. 7925 that the word exemption as used in the statute pertains from merely to an or

enactment national

designed policy

telecommunications and provide the structures to implement it to keep up with the technological advances in the industry and the needs of the public. The thrust of the law is to promote gradually the deregulation of the entry, pricing, and operations of all public telecommunications entities and thus promote a level playing field in the telecommunications industry.

exemption

regulatory

reporting requirements of the DOTC or the NTC and not to the grantees tax liability. Congress did not intend Section 23 to operate as a blanket tax exemption to all telcos. PLDTs theory will leave the Government with the burden of having to keep track of

There is nothing in the language of 23 nor in the proceedings of both the House of Representatives and the Senate in enacting R.A. No. 7925 which shows that it contemplates the grant of tax exemptions to all

Digitel ceased to be liable for national franchise tax and in its stead is imposed a 10% VAT in accordance with Section 108 of the Tax Code. WON Digitel is exempt from payment of real estate tax under its legislative franchise. Held: Yes

telecommunications

entities,

including those whose exemptions had been withdrawn by the LGC. In view of the passage of RA 7716 abolishing the franchise tax imposed on telecommunications companies effective 1 January 1996 and in its place is imposed a 10% VAT, the

SECTION 5. Tax Provisions. The grantee shall be liable to pay the same taxes on its real estate, property

buildings,

and

personal

exclusive of this franchise as other persons or corporations are now or hereafter may be required by law to pay x x x. SC qualifies that such exemption solely applies to those real properties

in-lieu-of-all-taxes clause/provision in the legislative franchises of Globe, Smart and Bell, among others, has now become functus officio, made inoperative for lack of a franchise tax. Therefore, from 1 January 1996,

actually, directly and exclusively used by the grantee in its franchise. The present issue actually boils down to a dispute between the inherent taxing power of Congress and the delegated authority to tax of the local government Constitution. In the PLDT v. City of Davao, SC sustained the power of Congress to grant exemptions over and above the power of the local governments delegated taxing authority borne by the 1987

franchise, incorporated

it a

would

not

have phrase,

qualifying

which such manifestation admittedly is. The fact that Republic Act No. 7678 was a later piece of legislation can be taken to mean that Congress,

knowing fully well that the Local Government withdrawn Code had already real

exemptions

from

property taxes, chose to restore such immunity even to a limited degree. Said exemption, however, merely applies from the time of the effectivity of petitioner DIGITELs legislative franchise and not a moment sooner. iii. Real and Property Special Taxation Education

notwithstanding the source of such power. Had Congress intended to tax each and every real property of Digitel, regardless of whether or not it is used in the business or operation of its

Fund Tax

Sec of Finance v. Ilarde Cipriano P. Cabaluna, Jr., was the Regional Director of Regional Office No. VI of the DOF. He co-owns with his wife certain properties in Jaro, Iloilo City. Private respondent failed to pay the land taxes for the years 1986 to 1992. A breakdown of the computation of the delinquent taxes showed that more than 24% of the delinquent taxes were charged and collected from private respondent by way of penalties. Cabaluna paid his land taxes and

computation was erroneous since the rate of penalty exceed 24% in contravention of Section 66 of P.D. No. 464 (Real Property Tax Code). Section 66 of P.D. No. 464 fixed the maximum penalty for delinquency in the payment of real estate taxes at 24% of the delinquent tax. The Assistant City Treasurer Rizalina

Tulio turned down the protest, citing Sec. 4(c) of Joint Assessment

Regulations No. 1-85 and Local Treasury Regulations No. 2-85 of the DOF. WON the Ministry of Finance could legally promulgate Regulations

the receipts were issued to him by the City Treasurers Office with the notation paid under protest. After Cabalunas retirement, he filed a formal protest with the City Treasurer of Iloilo wherein he contends that the

prescribing a rate of penalty on delinquent taxes other than that provided for under PD 464, also

known as Code. Held:

the Real Property Tax

of two percent (2%) per month of delinquency or twenty-four percent

No

(24%) per annum as the case may be, shall continue to be imposed on the unpaid tax from the time the delinquency was incurred up to the time that the delinquency is paid for in full. The penalty imposed under the

The subject Regulations must be struck down for being repugnant to Section 66 of P.D. No. 464 or the Real Property Tax Code, which is the law prevailing at the time material to this case. Under Section 66 of P.D. No. 464, the maximum penalty for delinquency in the payment of real property tax shall in no case exceed 24% of the delinquent tax Section 4(c) of the challenged Joint Assessment Regulations No. 1-85 and Local Treasury Regulations No. 2-85 issued by respondent Secretary of Finance provides that the penalty

assailed Regulations has no limit inasmuch as the 24% penalty per annum shall be continuously imposed on the unpaid tax until it is paid for in full unlike that imposed under Section 66 of the Real Property Tax Code where the total penalty is limited only to twenty-four percent of the

delinquent tax. The Court harbors doubts on the veracity of petitioners contention that

the

Regulations

at

issue

are

of rates of penalty on delinquent taxes. E.O. No. 73, particularly in Section 2 thereof, has merely designated the Minister of Finance to promulgate the rules and regulations towards the implementation of E.O. No. 73,

sanctioned by E.O. No. 73. The underlying principle behind E.O. No. 73, is to advance the date of

effectivity of the application of the Real Property Tax Values of 1984 from 01 January 1988, the original date it was intended by E.O. No. 1019 to take effect for purposes stated therein, to 01 January 1987. E.O. No. 73 did not, in any way, alter the structure of the real property tax assessments as provided for in P.D. No. 464 or the Real Property Tax Code. E.O. No. 73 did not touch at all on the topic of amendment of rates of delinquent taxes or the amendment

particularly on the application of the Real Property Values as of 31 December 1984, which is the general purpose for enacting said executive order. PD 464 in general and Section 66 in particular, remained to be good law. To accept petitioners premise would be tantamount to saying that EO 73 has repealed or amended PD 464. Repeal of laws should be made clear and expressed. Repeals by

implication are not favored for a law cannot be deemed repealed unless it is clearly manifest that the legislature so intended it. The failure to add a specific repealing clause indicates that the intent was not to repeal any existing law, unless an irreconcilable inconsistency and repugnancy exist in the terms of the new and old laws. SC found no such inconsistency or repugnancy between EO 73 and Section 66 of PD 464. A regulation which is in itself invalid for being contrary to law cannot be validated by any act of endorsement of any official, much less, by a subordinate of the official who issued such regulation. Estoppel, certainly, cannot make an invalid regulation valid.

The

penalties City

imposed Treasurer

by and

respondents

Assistant City Treasurer of Iloilo City on the property of private respondent are valid only up to 24% of the delinquent taxes. The excess

penalties paid should, in view of that, be refunded by the latter. However, from 01 January 1992 onwards, the proper basis for the computation of the real property tax payable, including penalties or

interests, if applicable, must be Rep. Act No. 7160 inasmuch as Section 534 had expressly repealed P.D. No. 464 or the Real Property Tax Code. Section 5(d) of Rep. Act No. 7160 provides that rights and obligations existing on the date of effectivity of the new Code and arising out of

contracts or any source of prestation involving a local government unit shall be governed by the original terms and conditions of the said contracts or the law in force at the time such contracts were vested. Benguet Corp v. CBAA Benguet Corporation has

Section 39. Rates Of LevyThe provincial, city or municipal board or council shall fix a uniform rate of real property tax applicable to their

respective localities. Benguet Corp contends that LGUs are without any authority to levy realty taxes on mines per PD 463 and the Local Tax Code. WON it is the LGUs and not the National Government which levy

bunkhouses used by its rank-and-file employees for residential purposes. The Provincial Assessor of Benguet assessed real property tax on these bunkhouses. According to him, the tax exemption of bunkhouses under PD 745 was already withdrawn by PD 1955. The main contention if Benguet Corp is that the realty taxes are local taxes because these taxes are levied by LGUs per Section 39 of PD 464.

realty taxes Held: No, it is the national

government While the local government units are changed with fixing the rate of real property taxes, it does not

necessarily follow from that authority the determination of the imposition of

the tax. LGUs have no alternative but to collect taxes as mandated by Section 38 ( Incidence of Real Property Tax) of the Real Property Tax Code. It is clear that is the national government that levies real property tax. When LGUs are

and

not

merely

in

particular

municipality or city but the proceeds of the tax accrue to the province, city, municipality and barrio where the municipality is situated. (Section 68 of PD 464) IN contrast, a local tax is imposed by the municipality or city council pursuant to the Local Tax Code. The provisions of the Local Tax Code and PD 463 alleged by the

required to fix the rates, they are merely constituted as agents of the national government in the

enforcement of the Real Property Tax Code. There is even no delegation of power to speak of because the national government has already

corporation regarding the absence of power to levy realty taxes by LGUs on mines are mere limitations on the taxing power of the LGUs and are not pertinent to the issue in the case at bar. It cannot affect the imposition of real property tax by the national government.

imposed realty tax in Section 38, leaving only the enforcement to be done by the local governments. Realty tax has always been imposed by the law-making body. It is

enforced throughout the Philippines

National Development Co. v. Cebu City National Development Company

thereon. In 1947, EO 93 dissolved NWC with NDC taking over its assets and functions. In 1948, Cebu City assessed and collected from NDC real estate taxes on the land and the warehouse thereon. By the first

(NDC) is a GOCC authorized to engage in commercial, industrial, mining, agricultural and other

enterprises necessary or contributory to economic development or

quarter of 1970, a substantial amount of the taxes were paid under protest. NDC asked for a full refund

important to public interest. It also operates subsidiary corporations one of which is National Warehousing Corporation (NWC). In 1939, the President 430 issued

contending that the land and the warehouse belonged to the Republic and therefore exempt from taxation. WON the NDC is exempt from real estate taxes Held: Yes

Proclamation

No.

reserving

Block no. 4, Reclamation Area No. 4, of Cebu City for warehousing

To come within the ambit of the exemption provided in Art. 3, par. (a), of the Assessment to Law, that it is the

purposes under the administration of NWC. In 1940, a warehouse with a floor area of 1,940 square meters more or less, was constructed

important

establish

property is owned by the government

or its unincorporated agency, and once government ownership is

certain purpose.Absolute disposition of land is it not implied from a

determined, the nature of the use of the property, whether for proprietary or sovereign purposes, becomes

reservation;

merely

means

withdrawal of a specified portion of the pubic domain from disposal under the land laws and the appropriation for the time being to some particular use or purpose of the general

immaterial. What appears to have been ceded to NWC (later transferred to NDC), in the case before Us, is merely the administration of the property while the government

government.As its title remains with the Republic, the reserved land is clearly covered by the tax exemption provision. However, as regards the warehouse constructed on a public reservation, a different rule should apply because "[t]he exemption of public property from taxation does not extend to improvements on the public lands made by pre-emptioners,

retains ownership of what has been declared reserved for warehousing purposes under Proclamation No. 430. A reserved land is defined as a public land has been withheld or kept back from sale or disposition. The government does not part with its title by reserving them, but gives notice to the world that it desires them for a

homesteaders and other claimants,

or occupants, at their own expense, and state these . . are ." taxable by the the the

1992 including penalties were not yet paid. Therefore, the Provincial

Consequently, on

Treasurer filed a complaint praying that the company pay the said sum as well as damages. The court

warehouse

constructed

reserved land by NWC (now under administration by NDC), indeed,

rendered the decision dismissing the complaint. It ruled that P.D. No. 551 expressly exempts private

should properly be assessed real estate tax as such improvement does not appear to belong to the Republic. Province of Tarlac v. Judge Alcantara Tarlac Enterprises Inc .is the owner of a parcel of land in Mabini, Tarlac, an ice drop factory in said land, machinery shed and other

respondent from paying the real property taxes demanded, it being a grantee of a franchise to generate, distribute and sell electric current for light. The court held that in lieu of said taxes, private respondent had been required to pay 2% franchise tax in line with the intent of the law to give assistance to operators such as the private respondent to enable the consumers to enjoy cheaper rates.

machinery. These properties were declared for purposes of taxation in the Provincial Assessors Office. The Provincial Treasurer found that real estate taxes for the years 1974 until

WON Tarlac Enterprises, Inc. is exempt from the payment of real property tax under Sec. 40 (g) of P.D. No. 464 in relation to P.D. No. 551, as amended. Held: No

taxes shall not be imposed, have no relation at all to, and are entirely different from real properties subject to tax. If the intention of the law is to exempt electric franchise grantees from

The phrase "in lieu of all taxes and assessments of whatever nature" in the second paragraph of Sec. 1 of P.D. No. 551 does not expressly exempts private respondent from paying real property taxes. Said proviso is modified and delimited by the phrase "on earnings, receipts. income and privilege of generation, distribution and sale" which specifies the kinds of taxes and assessments which shall not be collected in view of the imposition of the franchise tax. Said enumerated items upon which

paying real property tax and to make the 2% franchise tax the only

imposable tax, then said enumerated items would not have been added when PD 852 was enacted to amend P.D. No. 551. The legislative

authority would have simply stopped after the phrase "national or local authority" by putting therein a period. On the contrary, it went on to enumerate what should not be

subject to tax thereby delimiting the extent of the exemption.

It bears emphasis that P.D. No. 551 as amended by P.D. No. 852 deals with franchise tax and tariff on fuel oils and the "earnings, receipts, income and privilege of generation, distribution and sale of electric

ambit of exemptions beyond the purview of the law. P.D. No. 551 is not as all-

encompassing as said provision of the Local Autonomy Act for it

enumerates the items which are not taxable by virtue of the payment of franchise tax. It has always been the rule that "exemptions from taxation are

current" are the items exempted from taxation by the imposition of said tax or tariff duty. On the other hand, the collection complaint filed by petitioner specified only taxes due on real properties. While P.D. No. 551 was intended to give "assistance to the franchise holders by reducing some of their tax and tariff obligations," to construe said decree as having granted such franchise holders

construed in strictissimi juris against the taxpayer and liberally in favor of the taxing authority" primarily

because "taxes are the lifeblood of government and their prompt and certain availability is an imperious need." Thus, to be exempted from payment of taxes, it is the taxpayer's duty to justify the exemption "by words too plain to be mistaken and

exemption from payment of real property tax would unduly extend the

too categorical to be misinterpreted. Private respondent has utterly failed to discharge this duty.

Sec 284-294, LGC See attachments Pimentel v. Aguirre

iv.

Shares

of

LGUs

in President Ramos issued Administrative Order 372 (Adoption

National Taxes 1987 Constitution Section 6. Local government units shall have a just share, as of Economic Measures in

Government for Fiscal Year 1998). Section 1 provided that all and

determined by law, in the national taxes which shall be automatically released to them. Section 7. Local governments shall be entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their respective areas, in the manner provided by law, including sharing the same with the inhabitants by way of direct benefits.

government

departments

agencies, including state universities and colleges, GOCCs and LGUs will identify and implement measures in FY 1998 that will replace total expenditures by at least 25% of authorized regular appropriations for non-personal services items. Section 4 also provided by the that pending

assessment

Development

Budget Coordinating Committee of

the emerging fiscal situation, the amount equivalent to 10% of the IRA to LGUs shall be withheld. President Estrada issued AO 43, amending Section 4 by reducing to 5% the IRA to be withheld. WON Section 1 of AO 372, insofar as it "directs" LGUs to reduce their expenditures by 25% is valid Held: Yes

authority over such body. (Taule vs. Santos) Under existing law, LGU, in addition to having administrative

autonomy, enjoy fiscal autonomy as well. Fiscal autonomy means that

local governments have the power to create their own sources of revenue in addition to their equitable share in the national taxes released by the national government, as well as the power to allocate their resources in accordance with their own priorities. It extends to the preparation of their budgets, and local officials in turn have to work within the constraints thereof. Local fiscal autonomy does not

Section 1 of AO 372, insofar as it directs LGUs to reduce

expenditures by at least 25% is a valid exercise of the Presidents power of general supervision over LGUs as it is advisory only.

Supervisory power, when contrasted with control, is the power of mere oversight over an inferior body; it does not include any restraining

however rule out any manner of national government intervention by way of supervision, in order to ensure

that

local

programs, are

fiscal

and with

through a system of decentralization. A basic feature of local fiscal

otherwise,

consistent

national goals. However, under the Constitution, the formulation and the implementation of such policies and programs are subject to

autonomy is the automatic release of the share of LGUs in the national internal revenue. This is mandated by the Constitution. Section 4 orders the withholding of 10% of IRA pending evaluation he by assessment the and

"consultations with the appropriate public agencies, various private

sectors, and local government units." The President cannot do so

Development

Budget Coordinating Committee of the emerging fiscal situation. Such withholding contravenes the

unilaterally. WON withholding a part of LGUs IRA is valid Held: No

Constitution and the law.

Although

temporary, it Is equivalent to a holdback, which means something held back or withheld, often

Section 4 is invalid because it interferes with local autonomy,

temporarily. Hence, the temporary nature of the retention does not matter. Any retention is prohibited. C. Abatement of Nuisance

particularly local fiscal autonomy. Local autonomy signified a more responsive and accountable local government structure instituted

Estate of Francisco v. CA A quonset was constructed by the American Liberation Forces in 1944. It was purchased in 1946 by Gregoria Francisco. It stands on a lot owned by the PPA and faces the municipal wharf. By virtue of Proclamation No. 83 issued by President Elpidio

No. 147, noting its antiquated and dilapidated structure; and stressing

the "clean-up campaign on illegal squatters surroundings Boulevard." and along unsanitary Strong

Likewise, according to

the Mayor, the building was outside the warehouse zone; hence it was a non-confirming notifications thus, the structure. The

Quirino, said land was declared for the exclusive use of port facilities. The PPA issued to Tan Gin San, spouse of Gregoria Francisco, a permit to occupy the lot where the building stands for a period of one (1) year, to expire on 31 December 1989. Tan Gin used the quonset for the storage of copra. On May 1989, the Mayor notified Tan Gin San to remove or relocate its Quonset building citing Ordinance

remained Mayor on 24

unheeded; the 1989.

ordered May

demolition

Petitioner sought a Writ of Prohibition with Injunction and Damages before the RTC of Basilan, which denied the petition and upheld the power of the Mayor to order the demolition without judicial authority pursuant to

Ordinance 147.

On 6 September 1989, petitioner's quonset building was completely

It is not disputed that the quonset building, which is being used for the storage of copra, is located outside the zone for warehouses. It is

demolished.

The CA reversed the

RTC and ruled that the mayor was not vested with power to order summarily without any judicial

referred to in Ordinance as a nonconforming structure, which should be relocated. In the event that an immediate relocation of the building can not be accomplished, Sec 16 of the Ordinance provides: A certificate of non-conformance for all nonconforming uses shall be applied for by the owner or agent of the property involved within 12mo from the

proceeding to demolish the Quonset building which was not a nuisance per se. Upon reconsideration,

however, the CA reversed itself and ruled that the deficiency was

remedied when petitioner filed a petition for prohibition and injunction and was heard on oral argument. WON it was proper for the Mayor to summarily, without judicial process, order the demolition of the nonconforming structure. Held: No (Tan Gin entitled to just compensation but not to damages)

approval of this Ordinance, otherwise the non-conforming use may be condemned or removed at the

owner's expense. Even granting that petitioner failed to apply for a Certificate of Non-

conformance, the provision should not be interpreted as authorizing the summary removal of a non-

to be instituted judicial proceedings in connection ordinances". Respondents can not seek cover under the general welfare clause authorizing nuisances the abatement of with the violation of

conforming building by the municipal government. For if it does, it must be struck down for being in

contravention of the requirements of due process, as originally held by the CA. The enforcement and

without

judicial

proceedings. That tenet applies to a nuisance per se or one which affects the immediate safety of persons and property and may be summarily abated under the undefined law of necessity. The storage of copra in the quonset building is a legitimate business. By its nature, it can not be said to be injurious to rights of property, of health or of comfort of the

administration of the provisions of the Ordinance resides with the Zoning Administrator , who may call upon the City Fiscal to institute the necessary legal proceedings to enforce the provisions of the Ordinance. Violation of a municipal ordinance does not empower municipal mayor to avail of extra-judicial remedies. . On the

contrary, the Local Government Code imposes upon him the duty "to cause

community. If it be a nuisance per accidens it may be so proven in a

hearing conducted for that purpose. It is not per se a nuisance warranting its summary abatement without

constitute a nuisance in law. There was no compelling necessity for precipitate action. The public officials of Isabela,

judicial intervention. While the Sangguniang Bayan may provide for the abatement of a nuisance (Local Government Code, Sec. 149 [ee]), it can not declare a particular thing as a nuisance per se and order its condemnation. The nuisance can only be so adjudged by judicial determination.

Basilan, transcended their authority in abating summarily petitioner's

quonset building. They had deprived petitioner of its property without due process of law. Technology Inc. v. CA Petitioner received a letter from Developers

Petitioner was in lawful possession of the lot and quonset building by virtue of a permit from the PPA when demolition was effected. It was not squatting on public land. It was

acting mayor Pablo N. Cruz, ordering the full cessation of the operation of the petitioner's plant located at

Guyong, Sta. Maria, Bulacan. The letter requested Plant Manager

entitled to an impartial hearing before a tribunal authorized to decide

Armando Manese to bring with him to the office of the mayor the following:

whether the quonset building did

a) Building permit; b) Mayor's permit; c) Region III-Pollution of Environment and Natural Resources Anti-Pollution Permit; and of other document. Petitioner undertook to comply with respondent's production documents. request of the for the

mayor to secure the same but were not entertained. Without previous and reasonable notice upon petitioner, respondent ordered the Municipality's station commander to padlock the premises of petitioner's plant, thus effectively causing the stoppage of its operation. Petitioner instituted an action for certiorari, prohibition, mandamus with preliminary injunction against private respondent. The judge found that

required

Petitioner commenced

to secure "Region III-DENR AntiPollution Permit," although among the permits previously secured prior to the operation of petitioner's plant was a "Temporary Permit to Operate Air Pollution Installation" issued by the then National Pollution Control Commission. Petitioner's attention

petitioner is entitled to the issuance of a writ of preliminary injunction upon posting of a the bond MR, worth the

P50,000.

During

having been called to its lack of mayor's permit, it sent its

Provincial Prosecutor presented his evidence prepared by Marivic Guina, Due to the manufacturing process and nature of raw materials used, the

representatives to the office of the

fumes coming from the factory may contain particulate matters which are hazardous to the health of the people. As such, the company should cease operating until such a time that the proper air pollution device is installed and operational." The lower court then set aside the order which granted a writ of preliminary

1.

No mayor's permit had been

secured. The mayor of a town has as much responsibility to protect its inhabitants from pollution, and by virtue of his police power, he may deny the application for a permit to operate a business or otherwise close the same unless appropriate measures are taken to control and/or avoid injury to the health of the residents of the community from the emissions in the operation of the business. 2. The Acting Mayor called the

mandatory injunction and dissolved the writ issued. WON the Mayor validly issued the closure order? Held: YES

The following circumstances militate against the maintenance of the writ of preliminary petitioner: injunction sought by

attention of petitioner to the pollution emitted by the fumes of its plant whose offensive odor "not only

pollute the air in the locality but also affect the health of the residents in the area," so that petitioner was

ordered to stop its operation until further orders. 3. This action of the Acting Mayor was in response to the complaint of the residents of Barangay Guyong, Sta. Maria, Bulacan, directed to the Provincial channels. 4. The closure order of the Acting Governor through

building permit issued by an official of Makati on March 6, 1987. 6. While petitioner was able to a temporary permit to

present

operate by the then National Pollution Control Commission on December 15, 1987, the permit was good only up to May 25, 1988. Petitioner had not exerted any effort to extend or validate its permit much less to install any device to control the pollution and prevent any hazard to the health of the residents of the community. Court takes note of the plea of petitioner investment industry. It focusing in this must on its huge

Mayor was issued only after an investigation was made by Marivic Guina who in her report observed

that the fumes emitted by the plant goes directly to the surrounding houses and that no proper air

pollution device has been installed. 5. Petitioner failed to produce a

dollar-earning be stressed

building permit from the municipality of Sta. Maria, but instead presented a

however, that concomitant with the need to promote investment and contribute to the growth of the

economy is the equally essential imperative of protecting the health, nay the very lives of the people, from the deleterious effect of the pollution of the environment. Laguna Lake Development Authority v. CA Issue: Which agency of the

the

LLDA

shall

have

exclusive

jurisdiction to issue permits for the use or all surface water for any projects or activities in or affecting the said region, including navigation, construction, and operation of

fishpens, fish enclosures, fish corrals and the like. On the other hand, RA 7160 has granted to the

Government - the LLDA or the towns and municipalities comprising the region - should exercise jurisdiction over the Laguna Lake and its

municipalities the exclusive authority to grant fishery privileges in municipal waters. The Sangguniang Bayan may grant fishery privileges to erect fish corrals, oyster, mussels or other aquatic beds or bangus fry area within a definite zone of the municipal waters. The provisions of RA7160 do not necessarily repeal the laws creating the LLDA and granting the latter

environs insofar as the issuance of permits for fishery privileges is

concerned? Held: LLDA Section 4 (k) of RA 4850, the provisions of PD 813, and Section 2 of EO 927, specifically provide that

water rights authority over Laguna de Bay and the lake region. The Local Government Code of 1991 does not contain which any express

absence of special circumstances forcing a contrary conclusion. Considering the reasons behind the establishment of the Authority, which are enviromental protection,

provision

categorically

expressly repeal the charter of the Authority. It has to be conceded that there was no intent on the part of the legislature to repeal Republic Act No. 4850 and its amendments. The

navigational safety, and sustainable development, there is every

indication that the legislative intent is for the Authority to proceed with its mission.

repeal of laws should be made clear and expressed. There should be no quarrel over Where there is a conflict between a general law and a special statute, the special statute should prevail since it evinces the legislative intent more clearly that the general statute. The special law is to be taken as an exception to the general law in the In view of the foregoing, this Court holds that Section 149 of RA 7160, permit fees for fishpens, fishcages and other aqua-culture structures in the Laguna de Bay area. Section 3 of Executive Order No. 927 provides for the proper sharing of fees collected.

otherwise

known

as

the

Local

right and purpose of expropriation, describe the real or personal property sought to be expropriated, and join as defendants all persons owning or claiming to own, or occupying, any part thereof or interest therein,

Government Code of 1991, has not repealed the provisions of the charter of the LLDA, Republic Act No. 4850, as amended. Thus, the Authority has the exclusive jurisdiction to issue permits for the enjoyment of fishery privileges in Laguna de Bay to the exclusion of municipalities situated therein and the authority to exercise such powers as are by its charter vested on it. D. Power of Eminent Domain Rule 67 Expropriation,

showing, so far as practicable, the separate interest of each defendant. If the title to any property sought to be expropriated appears to be in the Republic of the Philippines, although occupied by private individuals, or if the title is otherwise obscure or doubtful so that the plaintiff cannot with accuracy or certainty specify who are the real owners, averment to that effect shall be made in the complaint. (1a) Sec. 2. Entry value of plaintiff upon

Rules of Court Section 1. The complaint. The right of eminent domain shall be exercised by the filing of a verified complaint which shall state with certainty the

depositing

with

authorized

government depositary. Upon the filing of the complaint or at any time thereafter and after due notice to the defendant, the plaintiff shall have the right to take or enter upon the possession of the real property

If personal property is involved, its value shall be provisionally

ascertained and the amount to be deposited shall be promptly fixed by the court. After such deposit is made the court shall order the sheriff or other proper officer to forthwith place the plaintiff in possession of the property

involved if he deposits with the authorized government depositary an amount equivalent to the assessed value of the property for purposes of taxation to be held by such bank subject to the orders of the court. Such deposit shall be in money, unless in lieu thereof the court authorizes the deposit of a certificate of deposit of a government bank of the Republic of the Philippines

involved and promptly submit a report thereof to the court with service of copies to the parties. (2a) Sec. 3. Defenses and objections. If a defendant has no objection or

defense to the action or the taking of his property, he may file and serve a notice of appearance to that and a

payable on demand to the authorized government depositary.

manifestation

effect,

specifically designating or identifying the property in which he claims to be

interested, within the time stated in the summons. Thereafter, he shall be entitled to notice of all proceedings affecting the same. If a defendant has any objection to the filing of or the allegations in the complaint, or any objection or

A defendant waives all defenses and objections not so alleged but the court, in the interest of justice, may permit amendments to the answer to be made not later than ten (10) days from the filing thereof. However, at the trial of the issue of just

defense to the taking of his property, he shall serve his answer within the time stated in the summons. The answer shall specifically designate or identify the property in which he claims to have an interest, state the nature and extent of the interest claimed, and adduce all his

compensation, whether or not a defendant has previously appeared or answered, he may present

evidence as to the amount of the compensation to be paid for his property, and he may share in the distribution of the award. (n) Sec. 4. Order of expropriation. If the objections to and the defenses

objections and defenses to the taking of his property. No counterclaim, cross-claim or third-party complaint shall be alleged or allowed in the answer or any subsequent pleading.

against the right of the plaintiff to expropriate the property are

overruled, or when no party appears to defend as required by this Rule,

the court may issue an order of expropriation declaring that the

proceeding except on such terms as the court deems just and equitable. (4a) Sec. 5. Ascertainment of

plaintiff has a lawful right to take the property sought to be expropriated, for the public use or purpose

compensation. Upon the rendition of the order of expropriation, the court shall appoint not more than three (3) competent and disinterested persons as commissioners to ascertain and report to the court the just

described in the complaint, upon the payment of just compensation to be determined as of the date of the taking of the property or the filing of the complaint, whichever came first. A final order sustaining the right to expropriate the property may be appealed by any party aggrieved thereby. Such appeal, however, shall not prevent the court from

compensation for the property sought to be taken. The order of

appointment shall designate the time and place of the first session of the hearing to be held by the

determining the just compensation to be paid. After the rendition of such an order, the plaintiff shall not be permitted to dismiss or discontinue the

commissioners and specify the time within which their report shall be submitted to the court. Copies of the order shall be served on the parties. Objections to the

appointment

of

any

of

the

commissioners

shall,

unless

the

commissioners shall be filed with the court within ten (10) days from service, and shall be resolved within thirty (30) days after all the

parties consent to the contrary, after due notice to the parties to attend, view and examine the property

sought to be expropriated and its surroundings, and may measure the same, after which either party may,

commissioners shall have received copies of the objections. (5a) Sec. 6. Proceedings by

by himself or counsel, argue the case. The commissioners shall

commissioners. Before entering upon the performance of their duties, the commissioners shall take and

assess the consequential damages to the property not taken and deduct from such consequential damages the consequential benefits to be derived by the owner from the public use or purpose of the property taken, the operation of its franchise by the corporation or the carrying on of the business of the corporation or person taking the property. But in no case shall the consequential benefits

subscribe an oath that they will faithfully perform their duties as commissioners, which oath shall be filed in court with the other

proceedings in the case. Evidence may be introduced by either party before the commissioners who are authorized to administer oaths on hearings before them, and the

assessed exceed the consequential damages assessed, or the owner be deprived of the actual value of his property so taken. (6a) Sec. 7. Report by commissioners and judgment thereupon. The court may order the commissioners to report when any particular portion of the real estate shall have been passed upon by them, and may render judgment upon such partial report, and direct the commissioners to proceed with their work as to

effectual until the court shall have accepted their report and rendered judgment in accordance with their recommendations. Except as

otherwise expressly ordered by the court, such report shall be filed within sixty (60) days from the date the commissioners were notified of their appointment, which time may be extended in the discretion of the court. Upon the filing of such report, the clerk of the court shall serve copies thereof on all interested

subsequent portions of the property sought to be expropriated, and may from time to time so deal with such property. The commissioners shall make a full and accurate report to the court of all their proceedings, and such proceedings shall not be

parties, with notice that they are allowed ten (10) days within which to file objections to the findings of the report, if they so desire. (7a) Sec. 8. Action upon commissioners report. Upon the expiration of the period of ten (10) days referred to in

the preceding section, or even before the expiration of such period but after all the interested parties have filed their objections to the report or their statement of agreement therewith, the court may, after hearing, accept the report and render judgment in accordance therewith; or, for cause shown, it may recommit the same to the commissioners for further report of facts; or it may set aside the report and appoint new commissioners; or it may accept the report in part and reject it in part; and it may make such order or render such judgment as shall secure to the plaintiff the property essential to the exercise of his right of expropriation, and to the defendant just compensation for the property so taken. (8a)

Sec.

9.

Uncertain

ownership;

conflicting claims. If the ownership of the property taken is uncertain, or there are conflicting claims to any part thereof, the court may order any sum or sums awarded as

compensation for the property to be paid to the court for the benefit of the person adjudged in the same

proceeding to be entitled thereto. But the judgment of shall the require or the sums

payment

sum

awarded to either the defendant or the court before the plaintiff can enter upon the property, or retain it for the public use or purpose if entry has already been made. (9a) Sec. 10. Rights of plaintiff after judgment payment and by the payment. plaintiff to Upon the

defendant of the compensation fixed by the judgment, with legal interest thereon from the taking of the

the

person

ultimately

adjudged

entitled thereto. (10a) Sec. 11. Entry not delayed by appeal; effect of reversal. The right of the plaintiff to enter upon the property of the defendant and appropriate the same for public use or purpose shall not be delayed by an appeal from the judgment. But if the appellate court determines that plaintiff has no right of expropriation, judgment shall be rendered ordering the Regional Trial Court to forthwith enforce the

possession of the property, or after tender to him of the amount so fixed and payment of the costs, the plaintiff shall have the right to enter upon the property expropriated and to

appropriate it for the public use or purpose defined in the judgment, or to retain it should he have taken immediate possession thereof under the provisions of section 2 hereof. If the defendant and his counsel absent themselves from the court, or decline to receive the amount tendered, the same shall be ordered to be

restoration to the defendant of the possession of the property, and to determine the damages which the defendant sustained and may

deposited in court and such deposit shall have the same effect as actual payment thereof to the defendant or

recover by reason of the possession taken by the plaintiff. (11a)

Sec. 12. Costs, by whom paid. The fees of the commissioners shall be taxed as a part of the costs of the proceedings. All costs, except those of rival claimants litigating their

copy of such judgment shall be recorded in the registry of deeds of the place in which the property is situated, and its effect shall be to vest in the plaintiff the title to the real estate so described for such public use or purpose. (13a) Sec. 14. Power of guardian in such proceedings. The guardian or

claims, shall be paid by the plaintiff, unless an appeal is taken by the owner of the property and the

judgment is affirmed, in which event the costs of the appeal shall be paid by the owner. (12a) Sec. 13. Recording judgment, and its effect. The judgment entered in expropriation proceedings shall state definitely, by an adequate

guardian ad litem of a minor or of a person judicially declared to be

incompetent may, with the approval of the court first had, do and perform on behalf of his ward any act, matter, or thing respecting the expropriation for public use or purpose of property belonging to such minor or person judicially declared to be incompetent, which such minor or person judicially declared to be incompetent could do

description, the particular property or interest therein expropriated, and the nature of the public use or purpose for which it is expropriated. When real estate is expropriated, a certified

in such proceedings if he were of age or competent. (14a) Sec 19, LGC Sec. 19. Eminent Domain. A local

immediately take possession of the property upon the filing of the

expropriation proceedings and upon making a deposit with the proper court of at least fifteen percent (15%) of the fair market value of the property based on the current tax declaration of the property to be expropriated: Provided, finally, That, the amount to be paid for the expropriated property shall be

government unit may, through its chief executive and acting pursuant to an ordinance, exercise the power of eminent domain for public use, or purpose, or welfare for the benefits of the poor and the landless, upon payment of just compensation,

determined by the proper court, based on the fair market value at the time of the taking of the property. Moday v. CA The Sangguniang Bayan of the

pursuant to the provisions of the Constitution and pertinent laws:

Provided, however, That the power of eminent domain may not be

exercised unless a valid and definite offer has been previously made to the owner, and such offer was not accepted: Provided, further, That the local government unit may

Municipality of Bunawan passed a resolution authorizing its municpal mayor to initiate expropriation

proceedings against he property of

Percival Moday for a farmers center and government sports facilities. The resolution was approved by the mayor and transmitted to the for

was

rendered

invalid

by

its

disapproval by the province Held: No.

The law, as expressed in Section 153 of B.P. Blg. 337, grants the the

Sangguniang

Panlalawigan

approval. The latter disapproved it and returned it with comment to the Municipality stating that expropriation was unnecessary because there are still available lots in Bunawan for the purpose. The municipality filed a motion to take possession of the land and this was granted by the RTC. The petitioner attacks the validity of the resolution because it was not approved by the province. WON a municipalitys resolution

Sangguniang power to

Panlalawigan declare a

municipal

resolution invalid on the sole ground that it is beyond the power of the Sangguniang Bayan or the Mayor to issue. Thus, the Sangguniang Panlalawigan was without the authority to

disapprove Municipal Resolution for the Municipality of Bunawan clearly has the power to exercise the right of eminent domain and its Sangguniang Bayan the capacity to promulgate said resolution. The resolution is,

authorizing its mayor to expropriate

therefore, valid and binding and could

be used as lawful authority to petition for the condemnation of petitioners' property. Province of Camarines Sur v. CA The Province of Camarines Sur authorized its governor by resolution to expropriate a piece of land

The owners, San Joaquins, moved to dismiss the complaints for

inadequacy of the price offered for the property. The RTC granted The the San writs of

possession.

Joaquins

appealed to the CA which set aside the order allowing CamSur to take possession. It ordered the RTC to suspend further proceedings until after CamSur shall have obtained the requisite approval of the Dept. of Agrarian Reform of to the convert land the from

contiguous to the provincial capitol site in order to establish a pilot farm for non-food and non-traditional

agricultural crops and a housing project for provincial government

employees. The governor filed expropriation

classification

agricultural to non-agricultural. cases in the RTC and then filed motions for the issuance of writs of possessions. WON a local government unit needs the approval of the DAR to reclassify land before it can expropriate it

Held:

No.

The Local Government Code does not intimate in the least that local government units must first secure the approval of the Department of Land Reform for the conversion of lands from agricultural to non-

A reading of previous jurisprudence shows that the power of eminent domain is superior to the power to distribute lands under the land reform program. The local government units power of expropriation is a delegated power. In delegating the power, the legislature may retain certain control or impose certain restraints on the exercise thereof by the local governments. While such delegated power may be a limited authority, it is complete within its limits. Moreover, the

agricultural use, before they can institute the necessary expropriation proceedings. Likewise, there is no provision Agrarian in the Comprehensive Law which

Reform

expressly subjects the expropriation of agricultural lands by local

government units to the control of the Department of Agrarian Reform. Statutes conferring the power of eminent domain to political

limitations on the exercise of the delegated power must be clearly expressed, either in the law

subdivisions cannot be broadened or constricted by implication.

conferring the power or in other legislations.

To sustain the Court of Appeals would mean that the local

shall be public, the same being an expression of legislative policy. There is also an ancient rule that restrictive statutes, no matter how broad their terms are, do not

government units can no longer expropriate agricultural lands needed for the construction of roads, bridges, schools, hospitals, etc, without first applying for conversion of the use of the lands with the Department of Agrarian Reform, because all of these projects would naturally involve a change in the land use. In effect, it would then be the Department of Agrarian Reform to scrutinize

embrace the sovereign unless the sovereign is specially mentioned as subject thereto. The orders of the CA nullifying the trial court's order allowing the

Province of Camarines Sur to take possession of private respondents' property and requiring the Province of Camarines Sur to obtain the approval of the Department to convert of or

whether the expropriation is for a public purpose or public use. Ordinarily, it is the legislative branch of the local government unit that shall determine whether the use of the property sought to be expropriated

Agrarian reclassify

Reform private

respondents'

property from agricultural to nonagricultural use are set aside.

Barangay San Roque v. Heirs of Pastor Barangay San Roque filed an

Therefore, it ruled, jurisdiction is with the MTC. Which court has jurisdiction over actions for eminent domain? Held: RTC.

expropriation suit with the Municipal Trial Court against the properties of the respondents. It was dismissed by the MTC for lack of jurisdiction. The lower court reasoned that an action for eminent domain is incapable of pecuniary estimation and jurisdiction should, therefore, lie with the RTC. The case was then filed with the RTC but it was again dismissed for lack of jurisdiction. The RTC was of the view that an action for eminent domain involved title to real property and the value of said property is

Actions for eminent domain are incapable of pecuniary estimation and thus jurisdiction properly lies with the RTC. In determining whether an action is one the subject matter of which is not capable of pecuniary estimation, the criterion is of first ascertaining the nature of the principal action or remedy sought. If it is primarily for the recovery of a sum of money, the claim is considered capable of

determinative of jurisdiction. And the property involved in this case is P1,740 or less than P20,000.

pecuniary estimation.

However, where the basic issue is something other than the right to recover a sum of money, or where the money claim is purely incidental to, or a consequence of, the principal relief sought, such actions are cases where the subject of the litigation may not be estimated in terms of money, and are cognizable

The first is concerned with the determination of the authority of the plaintiff to exercise the power of eminent domain and the propriety of its exercise in the context of the facts involved in the suit. It ends with an order, if not of dismissal of the action, that of the

exclusively by RTC. The rationale of the rule is plainly that the second class of cases, besides the determination of damages,

condemnation

declaring

plaintiff has a lawful right to take the property sought to be condemned, for the public use or purpose described in the complaint, upon the payment of just compensation to be determined

demands an inquiry into other factors which the law has deemed to be more within the competence of RTC. Actions for eminent domain involve two phases.

as of the date of the filing of the complaint.

The second phase of the eminent domain action is concerned with the determination by the court of the just compensation for the property sought to be taken.

private property. Hence, the courts determine: the authority of the government entity, the necessity of the

This is done by the Court with the assistance of not more than three (3) commissioners. The order fixing the just compensation on the basis of the evidence before, and findings of, the commissioners would be final, too. It would finally dispose of the second stage of the suit, and leave nothing more to be done by the Court regarding the issue. It should be stressed that the primary consideration in an expropriation suit is whether the government or any of its instrumentalities has complied with the requisites for the taking of

expropriation, and the observance of due process. In the main, the subject of an expropriation suit is the governments exercise of eminent domain, a matter that is incapable of pecuniary

estimation. True, the value of the property to be expropriated is estimated in monetary terms, for the court is duty-bound to determine the just compensation for it. This, however, is merely incidental

to the expropriation suit. Indeed, that amount is determined only after the court is satisfied with the propriety of the expropriation. Municipality of Paranaque v. VM Realty Corp The Municipality of Paranaque filed a complaint for expropriation against V.M. Realty Corporation over two parcels of land for the purpose of providing socialized housing. It

WON authorization by a resolution is sufficient for compliance with the requisites under the LGC Held: No.

The power of eminent domain is lodged in the legislative branch of government, which may delegate the exercise thereof to LGUs, other public entities and public utilities. An LGU may therefore exercise the power to expropriate private property only when authorized by Congress and subject to the latter's control and restraints, imposed "through the law

authorized its mayor to file the complaint by a resolution. Later, the Municipality passed an Ordinance for the same purpose. It is claimed that by res judicata, the municipality is barred from filing another expropriation proceeding.

conferring the power or in other legislations." And Section 19 of the LGC requires authorization by

ordinance. Thus, the following essential

requisites must concur before an

LGU can exercise the power of eminent domain: 1. An ordinance is enacted by the local legislative council authorizing the

3. There is payment of just compensation, as

required under Section 9, Article III of and the other

Constitution, pertinent laws.

local chief executive, in behalf of the LGU, to exercise the power of eminent pursue proceedings particular property. 2. The power of eminent domain is exercised for public use, purpose or welfare, or for the benefit of the poor and the domain or

4. A valid and definite offer has been previously

made to the owner of the property sought to be expropriated, but said

expropriation over a

private The

offer was not accepted. terms "resolution" and

"ordinance" are not synonymous. A municipal ordinance is different from a resolution. An ordinance is a law, but a resolution of the is merely a or

declaration

sentiment

landless.

opinion of a lawmaking body on a specific matter. An ordinance

possesses a general and permanent character, but a resolution is

right to exercise the power be absolute and unfettered even by a prior judgment or res judicata. The scope of eminent domain is plenary and, like police power, can "reach every form of property which the State might need for public use." "All separate interests of individuals in property are held of the government under this tacit agreement or implied reservation. Notwithstanding the

temporary in nature. Additionally, the two are enacted differently. A third reading is necessary for an

ordinance, but not for a resolution, unless majority members. WON res judicata may apply HELD: All the requisites for the application of res judicata are present in this case. Be that as it may, the principle of res judicata, which finds application in generally all cases and proceedings, cannot bar the right of the State or its agent to expropriate private property. The very nature of eminent domain, as an inherent power of the State, dictates that the decided of all otherwise the by a

Sanggunian

grant to individuals, the eminent domain, the highest and most exact idea of property, remains in the government, or in the aggregate body of the people in their sovereign capacity; and they have the right to resume the possession of the

property whenever the public interest requires it." 47 Thus, the State or its

authorized agent cannot be forever barred from exercising said right by reason alone of with previous any nonlegal

The City of Cebu authorized its mayor by both resolution and city ordinance to expropriate the property of Merlita Cardeno. Cardeno filed a motion to dismiss asseverating that the allegations in the Citys complaint do no show compliance with the condition precedent of a valid and definite offer. The allegation states, that repeated negotiations had been made with the defendant to have the aforementioned property purchased by the plaintiff through negotiated sale without resorting to

compliance requirement.

Our ruling that petitioner cannot exercise its delegated power of

eminent domain through a mere resolution reinstituting will not bar it from

similar

proceedings,

once the said legal requirement and, for that matter, all others are properly complied with. However, while the principle of res judicata does not denigrate the right of the State to exercise eminent domain, it does apply to specific issues decided in a previous case. City of Cebu v. CA

expropriation, but said negotiations failed. She argues that, by definition,

negotiations run the whole range of acts preparatory to concluding an agreement, from the preliminary

correspondence; the fixing of the terms of the agreement; the price; the mode of payment; obligations of the parties may conceive as necessary to their agreement." Thus,

that in a motion to dismiss, no evidence may be allowed and the issue should only be determined in the light of allegations of the complaint. Jurisprudence has

"negotiations" by itself may pertain to any of the foregoing and does not automatically mean the making of "a valid and definite offer." WON the City has complied with the condition precedent of a valid and definite offer Held: Yes. 1. The ambiguity in the

established exceptions to this rule. This case should similarly liberality. be treated Here with an

examination of the Citys Comment and Opposition to the Motion to Dismiss leave no room for doubt that petitioner had indeed made a valid and definite offer. 3. Also, complaint attached and to the an

complaint is not a ground for a motion to dismiss but rather a bill of particulars. 2. The RTC and CA should not have strictly applied the rule

made

integral part of it is the Ordinance authorizing the

Mayor to expropriate the property. The rule is that a motion to dismiss admits the

Municipality

deposited

the

fifteen

percent of the fair market value of the property based on the current tax declaration and the RTC granted it the writ of possession. The petitioner claims that the RTC committed grave abuse of discretion in issuing the writ without first

hypothetically

truth of the facts alleged in the complaint. And the

Ordinance staes that the city government has made valid and definite offer. (The court did not decide whether or not negotiations is compliance with the requirement.) Francia v. Municipality of Meycauyan The Municipality of Meycauayan filed a complaint for expropriation against the petitioners to obtain property located at a highway junction to be used as a public terminal. The

conducting a hearing to determine the existence of a public purpose. WON determination of public purpose is a prerequisite to the issuance of a writ of possession Held: No.

The Local Government Code states that local government unit may immediately take possession of the property upon the filing of the

expropriation proceedings and upon

making a deposit with the proper court of at least fifteen percent (15%) of the fair market value of the property based on the current tax declaration of the property to be expropriated. The requisites before a local

Heirs of Ardona v. Reyes The Philippine Tourism Authority filed 4 complaints with the CFI Cebu City for the expropriation of some 282 hectares of rolling land situated in barangays Malubog and Babag,

Cebu City for the development into integrated sport complexes of

government unit may enter into the possession of the property are only that (1) a complaint for expropriation must have been filed sufficient in form and substance in the proper court and (2) a deposit of 15% of the propertys fair market value based on its current tax declaration must have been made. The law does not make the

selected and well-defined geographic areas with potential tourism value. The defendants (now petitioners) have the common allegation that the taking is not impressed with public use under the Constitution, that there is no specific provision authorizing the taking for tourism purposes. Also, they are claiming that the lands are under the land reform program thus it is the Court of Agrarian Relations and not the CFI that has jurisdiction. The

determination of a public purpose a condition precedent to the issuance of a writ of possession.

Court issued writs of possession authorizing the PTA to take

barangays for provocation of tourism and construction of sports and hotel complex constitutes expropriation for public use. Also, the government is authorized to take immediate

immediate possession upon deposit with the Philippine National Bank an amount equivalent to 10% of the value of the properties. HELD: Expropriation is valid.

possession, control and disposition of the property notwithstanding the

The States power of eminent domain extends to the expropriation of land for tourism purposes although this specific objective is not expressed in the Constitution. The policy

issues pending in court upon deposit with the PNB of an amount

equivalent to 10% of the value of the property. Defendants (now petitioners) failed to show that area being expropriated is land reform area. In fact, only 8,970 square meters (less than 1hec.-just 2 property owners) of 283 hectares is part of the Operation Land Transfer. This 8,970 sq. m. is not even within the sports complex proper but forms part of the 32 hectares resettlement

objectives of the framers can be expressed only in general terms. The programs to achieve these objectives vary from time to time and according to place. The concept of public use is not limited to traditional purposes; it does not strictly mean use by the public. Expropriation of several

area where the petitioners would be provided with proper housing,

of Manila came into the picture when it approved Ordinance No. 7813 authorizing Mayor Alfredo Lim to initiate acquisition through legal

schools, etc. Filstream International Inc. v. CA Filstream is the property owner of parcels of lands located in Antonio Rivera St., Tondo II Manila. It filed an ejectment suit against the occupants (private respondents) on the grounds of termination of lease and nonpayment of rentals. The ejectment suit became final and executory after the CA affirmed the decision of the RTC. During the pendency of the ejectment proceedings private respondents filed a complaint for Annulment of Deed of Exchange against Filstream. The City

means of certain parcels of land. Subsequently, the City of Manila approved Ordinance No. 7855

declaring the expropriation of certain parcels of land situated along Antonio River which formed part of the properties of Filstream. The said properties were sold and distributed to qualified tenants pursuant to the Land Use Development Program of the City of Manila. The City of Manila then filed a complaint for eminent domain seeking to expropriate lands in Antonio Rivera St. the Court issued a Writ of Possession. Filstream is claiming that Ordinance No. 7813 is a

void enactment for it was approved without a public hearing and violative of the constitutional guarantee

for purposes of socialized housing. In the same vein, expropriation

proceedings are to be resorted to only when the other modes of acquisition have been exhausted. Also, Petitioner takes exception to the resolutions of respondent CA which ordered the dismissal of its Petition for Certiorari for non-

against impairment of obligations and contracts, the price was too low. HELD: Expropriation is not valid. The City of Manila did not comply with RA 7279, Secs. 9 and 10. The City of Manila has the power to expropriate private property in the pursuit of its urban land reform and housing program which must be done pursuant to the provisions of the Constitution and pertinent laws.

compliance with Sec 2(a) of Rule 6 of the Revised Internal Rules of the CA by failing to attach to its petition other pertinent documents and papers and for attaching copies of pleadings which are blurred and unreadable. Petitioner argues that the respondent court erred in giving more premium to form rather than substance. A strict adherence to the technical and

There are limitations with respect to the order of priority in acquiring private lands and in resorting to expropriation proceedings as a

means to acquire the same. Private lands rank last in the order of priority

procedural rules in this case would

defeat rather than meet the ends of justice as it would result in the violation of the substantial rights of the petitioner. At stake in the appeal is the exercise of their properties rights over the disputed premises which have been expropriated and have in fact been ordered

On Oct. 1, 1996, the Sanguniang Bayan of Hagonoy, Bulacan enacted an ordinance, Kautusan Blg. 28 which increased the stall rentals of market vendors in Hagonoy. Art.3 provided that it shall take effect upon approval. The subject ordinance was posted from Nov. 4-25, 1996. In the last week of Nov. 1997, the

condemned in favor of the City of Manila. In effect, the dismissal of their appeal in the expropriation proceedings based on those grounds is tantamount to a deprivation of property without due process of law as it would automatically validate the expropriation proceedings Hagonoy Market Vendors Association v. Mun of

petitioners members were personally given copies of the approved

Ordinance and were informed that it shall be enforced in Jan. 1998. On Dec. 8, 1997, the petitioners

President filed an appeal with the Secretary of Justice assailing the constitutionality of the tax ordinance. Petitioner claimed it was unaware of the posting of the ordinance.

Hagonoy Bulacan

Respondent opposed the appeal. It

contended that the ordinance took effect on October 6, 1996 and that the ordinance, as approved, was posted as required by law. Hence, it was pointed out that petitioners appeal, made over a year later, was already time-barred. The Secretary of Justice dismissed the appeal on the ground that it was filed out of time beyond the 30 days from the effectivity of the Ordinance on Oct. 1, 1996 as prescribed under Sec.187 of the 1991 LGC. After its motion for reconsideration was

it was not accompanied by certified true copies of the assailed

Resolutions of the Sec. of Justice. HELD: Ordinance is valid & petition should be dismissed for being timebarred. The petitioner insists that it had good reasons for its failure to comply with the rule and the CA erred in refusing to accept its explanation. This Court agrees with the petitioner. It is clear from the records that the petitioner exerted due diligence to get the copies of its appealed Resolution certified by the Dept. of Justice but failed to do so on account of typhoon Loleng. Nonetheless, the Court held that the petition should be dismissed as the appeal of the petitioner with the Sec. of Justice was already time-

denied, petitioner appealed to the CA, claiming the Sec. erred and should have overlooked the

technicality and ruled on its petition on the merits. CA dismissed its petition for being formally deficient as

barred. Sec. 187 of the 1991 LGC states that an appeal of a tax ordinance or revenue measure

considered Bayan.

by Public

the

Sanguniang are

hearings

conducted by legislative bodies to allow interested parties to ventilate their views on a proposed law or ordinance. However, the views are not binding on the legislative body and it is not compelled by law to adopt the same. Also, even on the substantive points raised, the petition must fail. Sec. 6c.04 of the 1993 Mun. Rev. Code & Sec 191 of the LGC limiting the percentage of increase that can be imposed apply to tax rates, not rentals. Neither can it be said that the rates were not uniformly imposed. The ordinance covered 3 public markets. However, it excluded

should be made to the Sec. of Justice within 30 days from the effectivity of the assailed ordinance shall not be suspended. In the case at bar, Mun. Ord, No. 28 took effect in Oct. 1996. Petitioner filed its appeal only in Dec. 1997. The periods stated in Sec. 187 LGC are mandatory. Being a revenue measure, the collection of which is of paramount importance thus it is essential that the validity of revenue measures is not left uncertain for a considerable length of time. Petitioners cannot gripe that there was practically no public hearing conducted as its objections to the proposed measure were not

Bagong Munisipyo from the increase

since

it

is

only place

makeshift, for

of 554,980 sq.m. of contiguous land situated along MacArthur Highway to be utilized for the continued

dilapidated

intended

transient peddlers. RP v. CA Notes: Lot to be expropriated for the

broadcast operation and use of radio trasnsmitter facilities for the Voice of the Philippines project. Petitioner made a deposit of P517,558.80, the sum provisionally fixed as being the reasonable value of the property. On Feb. 26, 1979 or nine years after the institution of the expropriation

broadcast operation and use of VP. Deposited amount provisionally fixed. 9 years after Court ordered

condemnation and payment of just compensation. NG failed to pay. Santos (1) pay current zonal value or (2) return expropriated property HELD: no right to recover On Sept. 19, 1969, petitioner

proceedings, the trial courts issued an order condemning the properties of the defendants and ordering the plaintiff to pay the defendants just compensation. It would appear that the National Government failed to pay the respondents pursuant the to just the

instituted expropriation proceedings before RTC Bulacan covering a total

compensation

foregoing decision. The respondents

then filed a manifestation with a motion seeking payment for the expropriated property. In response, the court issued a writ of execution for the implementation thereof.

return of the expropriated property. The RTC Bulacan ruled in favor of the Santos heirs decision declaring to its be

previous

unenforceable on the ground of prescription in accordance with Sec. 6, Rule 39 of the 1964/1997 ROC which states that a final and

Meanwhile, Pres. Estrada issued Proc. No. 22 transferring 20 hec. of the expropriated land to the Bulacan State University. Despite the courts order, the Santos heirs remained unpaid and no action was on their case until petitioner filed its

executory judgment or order may be executed on motion within 5 years from the date of its entry. HELD: Expropriation is valid; private respondents have no right to recover the property. The right of eminent domain is the ultimate right of the sovereign power to appropriate any property within its territorial

manifestation and motion to permit the deposit in court of the amount P4,664,000 compensation. by The way of just heirs

Santos

submitted a counter-motion to adjust the compensation from P6/sq.m. as previously fixed to its current zonal value of P5,000/sq.m. or to cause the

sovereignty for a public purpose. Expropriation proceedings are not adversarial for the condemning

authority is not required to assert any conflicting interest in the property. Thus, by filing the action, the

In determining the public use, 2 approaches are used actual use by the public and public benefit/ question

condemnor in effect merely serves notice that it is taking title and possession of the property and the defendant asserts title/ interest in the property not to prove a right of possession but to prove a right to compensation for the taking.

advantage.

Respondents

the public nature of the utilization since its present use differs from the original use contemplated in the 1979 decision. This is of no moment, the property character has assumed its a public

upon

expropriation.

Petitioner has occupied and has exercised dominion over the property pursuant to the judgment. The

Petitioner is well within its rights to alter and decide the use of that property. The constitutional limitation of the just compensation is considered to be the sum equivalent to the market value of the property fixed at the time of the actual taking by the government. However, between the actual taking of the property and the actual

exercise of such rights vested to it as the condemnee has amounted to atleast a partial compliance of the 1979 decision thereby preempting any claim of bar by prescription on grounds of non-execution.

payment, legal interests may accrue in order to place the owner in a position as good as but not better than the position he was in before the taking occurred. E. Reclassification of Lands CARP Act See attachments Sec 9 and 11, RA 8435 SECTION 9. Delineation of Strategic Agriculture Development and Zones. Fisheries The

farmers and fisherfolk groups, the private sector and communities shall, without prejudice to the development of identified economic zones and free ports, establish and delineate, based on sound resource accounting, the SAFDZ within one (1) year from the effectivity of this Act. All irrigated lands, irrigable lands already covered by irrigation projects with firm funding commitments, and lands with existing or having the potential for growing high-value crops so delineated and included within the SAFDZ shall not be converted for a period of five (5) years from the effectivity of this Act: Provided,

Department, in consultation with the Department of Agrarian Reform, the Department of Trade and Industry, the Department of Environment and Natural Resources, Department of Science concerned and Technology, the the

however, That not more than five percent (5%) of the said lands located within the SAFDZ may be

LGUs,

organized

converted existing

upon laws,

compliance rules,

with

executive orders and issuances, and administrative orders governing land use conversion; and, 3) in case of conversion, the land owner will pay the Department to the the amount

regulations,

executive orders and issuances, and administrative orders relating to land use conversion: Provided, further, That thereafter: 1) a review of the SAFDZ, productivity specifically of the on the areas,

equivalent

government's

investment cost including inflation. SECTION 10. Preparation of Land Use and Zoning Ordinance. - Within one (1) year from the finalization of the SAFDZ, in all every city and and

improvement of the quality of life of farmers and fisherfolk, and efficiency and effectiveness of the support services shall be conducted by the Department and the Department of Agrarian Reform, in coordination with the Congressional on Oversight and 2)

municipality,

cities

municipalities shall have prepared their respective land use and zoning ordinance incorporating the SAFDZ, where applicable. Thereafter, all land use plans and zoning ordinances shall be updated every four (4) years or as often as may be deemed necessary upon the recommendation

Committee Fisheries

Agricultural

Modernization;

conversion may be allowed; if at all, on a case-to-case basis subject to existing laws, rules, regulations,

of

the

Housing Board

and and

Land must

Use be

for a period exceeding one (1) year, unless due to force majeure, shall be subject to an idle land tax of Three Thousand Pesos (P3,000.00) per hectare per year. In addition, the violator shall be required to put back such lands to productive agricultural use. Should the continued

Regulatory

completed within the first year of the term of the mayor. If the

cities/municipalities fail to comply with the preparation of zoning and land use plans, the DILG shall impose the penalty as provided for under Republic Act No. 7160. SECTION 11. Penalty for Agricultural Inactivity and Premature Conversion. - Any person or juridical entity who knowingly or deliberately causes any irrigated agricultural lands seven (7) hectares contiguous protected or or areas as larger, not, for whether within the

agricultural inactivity, unless due to force majeure, exceed a period of two (2) years, the land shall be subject to escheat proceedings. Any person found guilty of premature or illegal conversion shall be

penalized with imprisonment of two (2) to six (6) years, or a fine equivalent to one hundred percent (100%) of the government's

agricultural under

development,

specified

Section 6 in relation to Section 9 of this Act, to lie idle and unproductive

investment cost, or both, at the discretion of the court, and an

accessory penalty of forfeiture of the land and any improvement thereon. In addition, the DAR may impose the following penalties, after determining, in an administrative proceedings, that violation of this law has been

en banc. In the previous case, the Court voted 2-2 on the separate MRs, as a result of which the decision was affirmed. The Court noted in a resolution dated Jan. 27, 1999 that the movants have no legal personality to seek redress before the Court as their motion to intervene

committed: a) Cancellation or withdrawal of the authorization for land use conversion; and b) Blacklisting, of or automatic and

was already denied and that the motion to refer the case to the Court en banc is akin to a second MR which is prohibited. In this motion, both respondents and intervenors prayed the case be referred to the court en banc inasmuch as their earlier MR was resolved by a vote of 2-2, the required number to carry a

disapproval

pending

subsequent conversion applications that they may file with the DAR. Fortich v. Corono This concerns the of motion the for

decision reconsideration courts resolution dated Nov. 17, 1998 and motion to refer the case to the Court

under

the

Constitution,

3votes, was not met.

HELD: The issues presented before the Court by the movants are matters of no extraordinary import to merit the attention of the Court en banc. Specifically the issue of whether or not the power of the local

farmers, they have been identified by DAR as qualified beneficiaries of property. The issuance of CLOA to them does not grant them the

requisite standing in view of the nullity of the Win-Win Resolution. No legal rights can emanate from a resolution that is null and void. The same is void and has no legal effect considering that the March 29, 1996 decision of the Office of the President had already become final and

government units to reclassify lands is subject to the approval of DAR is no longer novel, this having been decided in Province of Camarines Sur v. CA wherein the Court held that local government units need not obtain approval of the DAR to convert lands from agricultural to non-

executory even prior to the filing of the MR which became the basis of the said Win-Win Resolution. Roxas and Co v. IAC Pres. Cory promulgated Proc. No. 131 instituting CARP and EO No. 229 providing for mechanisms necessary to implement CARP. Later when

agricultural use. Intervenors insist that they are the real parties in interest inasmuch as they have already been issued

certificates of land ownership award and that while they are seasonal

Congress passed

formally RA

convened, or

it the

of whether the property was subject to agrarian reform and should be submitted to the Office of the Sec. of Agrarian Reform. Petitioner then filed a case with the CA questioning the expropriation of the properties under CARL and the denial of due process in the acquisition of the land. CA dismissed the petition on the ground of failure to exhaust administrative remedies. HELD: This Court can take

6657 Agrarian

Comprehensive

Reform

Law. Petitioner Roxas is the property owner of Haciendas Palico, Banilad and Caylaway. Before CARL took effect, petitioner voluntarily offered to sell Hacienda Caylaway pursuant to EO 229. The other two were placed under compulsory acquisition by

respondent DAR in accordance with CARL. Petitioner instituted a case with DAR Adjudication Bd. To cancel the

cognizance of petitioners petition despite his failure to exhaust

CLOAs issued alleging that the place where the haciendas are located was declared a tourist zone and that the land is not suitable for agricultural production. DARAB held that the case involved the prejudicial question

administrative remedies since his action falls under the exception to the doctrine of exhaustion of remedies since there is no other plain, speedy and adequate remedy. The CLOAs to the farmers were issued without just

compensation to the petitioner. The transfer of possession/ ownership to the government is conditioned upon the receipt of the landowner of the corresponding payment/ deposit by the DAR. Until then, the title should remain with the landowner. The law provides that the deposit must be made only in cash or LBP bonds. Resp. DARs opening of a trust account deposit in petitioners name with the Land Bank of the Phil. does not constitute payment under the law. The acquisition proceedings over the 3 haciendas are invalid. (1) There was improper service of Notice of Acquisition Sec. 16 of CARL requires that the said notice be sent to the landowner by personal delivery or registered mail. The Revised

Rules of Proc. of DARAB states that notices and pleadings are served on private corporations manager, through its

president,

secretary,

cashier, agent or any of its directors or partners. Jaime Pimentel to whom the Notice was served was neither of those. (2) Parcels of land were not properly identified before they were taken by DAR under the law, a landowner may retain not more than 5 hec. the right to choose the retained landowner. Notice of land pertains the to receipt the of

Upon

Acquisition, had no

petitioner which

corporation

idea

portions of its estate were subject to compulsory acquisition. Court has no jurisdiction to rule on the reclassification of land from

agricultural to non-agricultural. DARs failure to observe due process does not ipso facto give the Court the power to adjudicate over petitioners application for conversion of its

permanent closure, such ordinance must be approved by at least twothirds (2/3) of all the members of the sanggunian, and when necessary, an adequate substitute for the public facility that is subject to closure is provided. (b) No such way or place or any

haciendas from agricultural to non. The agency charged with the

mandate of approving applications for conversion is DAR. F. Closure Roads Sec 21, LGC Sec. 21. Closure and Opening of and Opening of

part thereof shall be permanently closed without making provisions for the maintenance of public safety therein. A property thus permanently withdrawn from public use may be used or conveyed for any purpose for which other real property belonging to the local government unit

Roads. (a) A local government unit may, pursuant to an ordinance,

permanently or temporarily close or open any local road, alley, park, or square falling within its jurisdiction: Provided, however, That in case of

concerned may be lawfully used or conveyed: Provided, however, That no freedom park shall be closed

permanently without provision for its transfer or relocation to a new site. (c) Any national or local road, alley, park, or square may be temporarily closed during an actual emergency, or fiesta celebrations, public rallies, agricultural or industrial fairs, or an undertaking of public works and highways, telecommunications, and waterworks projects, the duration of which shall be specified by the local chief executive concerned in a written order: Provided, however, That no national or local road, alley, park, or square shall be temporarily closed for athletic, cultural, or civic activities not officially sponsored, recognized, or approved by the local government unit concerned.

(d)

Any city, municipality, or

barangay may, by a duly enacted ordinance, temporarily close and

regulate the use of any local street, road, thoroughfare, or any other public place where shopping malls, Sunday, flea or night markets, or shopping areas may be established and where goods, merchandise,

foodstuffs, commodities, or articles of commerce may be sold and

dispensed to the general public. Cabrera v. CA The Provincial Board of Catanduanes adopted Resolution No. 158 which provided for the closure of an old road leading to the new Capitol Bldng. and giving the owners of the properties traversed by the new road equal area from the old road adjacent

to the respective remaining portion of their property. Pursuant thereto,

road owned by the Province of Catanduanes in its governmental function and therefore beyond the commerce of man. He contends that Res. No. 158 and the deeds of exchange were invalid as so too was the closure of the northern portion of the said road. HELD: Closure is valid.

Deeds of Exchange were executed under which the Province of

Catanduanes conveyed to the private respondents portions of the closed road. In 1978, part of the northern end of the old road fronting the petitioners house was planted with vegetables by one of the private respondents. Another private respondent

The closure of a provincial road is within the powers of the Provincial Bd. It is the authority competent to determine whether or not a certain property is still necessary to public use. Such power to vacate a street is discretionary and such will not

converted a part of the old road into a piggery farm. Learning about Res. 158, petitioner filed a complaint for Restoration of Public Road and/or Abatement of Nuisance, Annulment of Resolutions and Documents for Damages. Petitioner alleges that the land fronting his house was a public

ordinarily be controlled or interfered with by the courts absent a plain case of abuse or fraud. The Board has the duty of maintaining such roads for the

comfort and convenience of the inhabitants of the province. This authority is inferable from the grant by the national legislature of the funds to the Province for the

inconvenience

petitioner

suffered

pales in significance to the greater convenience the new road has been giving the public. MMDA v. Bel Air Village Association Inc. MMDA is a government agency tasked with the delivery of basic services in Metro Manila, while BAVA is a non-stock non-profit corporation whose members are home owners in Bel-Air Village, a private subdivision in Makati City. BAVA is the

construction of roads. Petitioner is not entitled to damages. The general rule is that one whose property does not abut on the closed section of a street has no right of compensation for the closing or vacation of the street. To warrant recovery, the property owner must show that the situation is such that he has sustained special damages

registered owner of Neptune Street, a road inside Bel-Air Village. Dec 1995 BAVA received On 26 from

differing in kind and not merely in degree from those sustained by the public generally. The construction of the new road was undertaken under the general welfare clause. Whatever

MMDA Chairman Prospero Oreta a notice requesting it to open Neptune Street to public vehicular traffic

starting 2 Jan 1996. BAVA was also

informed that the perimeter wall separating the subdivision from

private

subdivision

road

nor

to

demolish the subdivisions perimeter wall. MR was denied. WON MMDA has the authority to open Neptune Street to public traffic without an ordinance enacted by Makati City HELD: No

adjacent Kalayaan Avenue would be demolished. On 2 Jan 1996, BAVA instituted a petition before the RTC Makati City Br 136 for the issuance of a TRO and preliminary injunction enjoining the opening of said street and the demolition of the wall. The TRO was issued the following day. But on 23 Jan 1996, after due hearing, it denied the preliminary injunction. BAVA appealed. CA

MMDA is not a local government which is a political subdivision of a nation or state which is constituted by law and has substantial control of local affairs. MMDAs charter RA 7924 limited MMDAs function to the delivery of seven basic services, one of which is transport and traffic management. It is limited to the following coordination, implementation, acts: formulation, regulation, preparation,

conducted an ocular inspection of Neptune Street and on 13 Feb 1996 it issued a writ of preliminary

injunction. It later on granted the petition (making the writ permanent), reasoning that MMDA had no

authority to order the opening of a

management, monitoring, setting of policies, installation of a system and administration. There is no syllable in RA 7924 that grants the MMDA police power, let alone legislative power. All its functions are

City did not pass any ordinance or resolution ordering the opening of Neptune Street; hence, its proposed opening by MMDA is illegal. Sangalang v. IAC Buyers of lots in Bel-Air Village, owned and operated by Makati

administrative in nature. MMDA is not the same entity as its predecessor, the Metro Manila Commission

Development Corporation (later on merged with Ayala Corporation) were required to comply with certain deed restrictions, one of which is that the lots shall be used only for residential purposes. On 4 Apr 1975 the

because the charter of MMC (PD 824) shows that MMC possessed greater powers which were not

bestowed on MMDA. Unlike MMC, MMDA has no power to enact ordinances for the welfare of the community. It is the LGUs, acting through their respective legislative councils, that possess legislative and police power. In this case, the Sangguniang Panlungsod of Makati

municipal council of Makati enacted Ordinance 81 (zonification of Makati), wherein Bel-Air Village was classified as a Class A Residential Zone, with its boundary extending to the center line of Jupiter Street. A subsequent Ordinance 81-01 of the Metro Manila

Commission however showed that Bel-Air Village was simply bound by Jupiter Street, and the area on the other side was classified as a High Intensity Commercial Zone. Due to the reclassification, commercial along

before 1978 the Makati Police and the security force of BAVA were already the ones regulating the traffic along Jupiter Street after the gates were opened in 1977. Residents of Jupiter spouses, Street Gaston (the Sangalang and

establishments

appeared

spouses,

Jupiter Street, in violation of the deed restrictions. The Office of the Mayor of Makati wrote the Bel-Air Village Association, Inc. (BAVA), directing that, in the interest of public welfare, certain streets should be opened to ease traffic congestion. The Makati municipal officials allegedly opened, destroyed and removed the gates forcibly, and opened the entire length of Jupiter Street to public traffic. Ayala Corporation donated the entire Jupiter Street to BAVA, but even

Briones spouses) and the Bel-Air Village Association, Inc. (BAVA) filed separate actions against Ayala

Corporation and the lot owners who allowed their lots to be used for commercial purposes. Three of the five trial courts in the five petitions ruled in favor of the petitioners, while two were dismissed on procedural and substantive grounds. On appeal, the Court of Appeals dismissed all five petitions, on the ground that the ordinances, both being valid as a

legitimate exercise of police power, allowed the use of Jupiter Street for commercial purposes. WON there was a violation of the deed restrictions HELD: No

WON the MMC Ordinance, raised by Ayala Corporation as an affirmative defense, was a legitimate exercise of police power HELD: The National Government Yes itself,

There was no violation of the deed restrictions as Jupiter Street, which was the common boundary for the commercial and residential zones, was never exclusively for residential or commercial purposes only. This is confirmed by the fact that both ordinances as well as the BAVA Articles of Incorporation treat Jupiter Street as the boundary line making it clear that Jupiter Street was intended for use by both commercial and residential blocks from the very beginning.

through the MMC, had reclassified Jupiter Street into a high density commercial zone pursuant to its Ordinance 81-01. Hence, the

petitioners have no cause of action on the strength alone of the deed restrictions. This is not to say that restrictive easements are invalid or ineffective. As far as Bel-Air Village is concerned, they are valid and

enforceable. But they are, like all contracts, subject to the overriding demands, needs, and interests of the greater number as the State may

determine in the legitimate exercise of police power. The sanctity of contract cannot be raised as a deterrent to police power, which is designed precisely to promote health, safety, peace, and enhance the common good, at the expense of contractual rights, whenever

establishment thereon. This

of

flea

market was

ordinance

approved by the municipal council pursuant to the Metro Manila

Commission Ordinance 2 (Series of 1979) authorizing and regulating the use of certain city and/or municipal streets, roads and open spaces within Metro Manila as sites for flea market and/or vending areas under certain terms and conditions. The municipal council on 20 Jun 1990 issued a resolution authorizing

necessary. Absent any showing of capriciousness or arbitrariness on the part of MMC, the ordinance

reclassifying Jupiter Street should be upheld. Macasiano v. Diokno On 13 Jun 1990, the Municipality of Paraaque passed Ordinance 86 (Series of 1990) which authorized the closure of J. Gabriel, G.G. Cruz, Bayanihan, Lt Garcia Extension and Opena Streets in Baclaran and the

Paraaque Mayor Walfrido Ferrer to enter into contract with any service cooperative for the establishment, operation, maintenance and

management of flea markets and/or vending areas. On 8 Aug 1990, Palanyag Kilusang Bayan for Service

(Palanyag), a service cooperative was made a flea market operator subject to municipality dues for such operation. On 13 Sep 1990, Brig Gen Levy Macasiano (PNP

against

Macasiano

pending

the

hearing, and later on upheld the validity of the ordinance. WON an ordinance or resolution issued by the municipal council of Paraaque authorizing the lease and use of public streets or thoroughfares as sites for flea markets is valid HELD: No

Superintendent of the Metropolitan Traffic Command) ordered the

destruction and confiscation of stalls along G.G. Cruz and J Gabriel Streets. B/Gen Macasiano on 16 Oct 1990 gave notice to Palanyag that it had 10 days to discontinue the flea market; otherwise the market stalls would be dismantled. The

Said streets which were closed off are local roads used for public service and are therefore considered public properties of the municipality. Properties of the local government which are devoted to public service are deemed public and under the absolute control of Congress. Local governments have no authority to control or regulate the use of public properties unless specific authority is

Municipality and Palanyag filed with RTC Makati Br 62 (Judge Roberto Diokno presiding) and a petition for with

prohibition

mandamus

damages and a prayer for preliminary injunction. RTC issued a TRO

vested upon them by Congress. Sec 10, Loc Gov Code (BP 337, which was the applicable law the at the local

necessary for public use or public service. withdrawn (When from the property use, is it

public

time)empowers

becomes patrimonial property of the LGU.) The Municipality has not shown that it has complied with the conditions precedent set by the Metropolitan Manila Authority for the latter to approve of such ordinance.

governments to close roads, but this provision should be read and

interpreted in accordance with basic principles already established by law: 1. Art 424, CC: Properties of public dominion devoted to public use and made available to the public in general are outside the commerce of man and cannot be disposed of or leased persons. 2. To withdraw a property from public use, the requirement of due process should be complied with, and by the LGU to private

(Conditions are that the streets are not used for vehicular traffic and that majority of the residents are not opposed to the establishment of a flea market/vending area, and that there is a time schedule in during which the flea market would operate.) Furthermore, the powers of a LGU should be subservient to paramount considerations of health and well-

circumstances should show that the property is no longer intended or

being

of

the

members

of

the

(2) To sue and be sued; (3) seal; (4) To acquire and convey real or To have and use a corporate

community. It is of public notice that the streets along Baclaran are

congested with people, houses and traffic brought about by the

proliferation of vendors occupying the streets. Thus, allowing the flea

personal property; (5) To enter into contracts; and (6) as To exercise such other powers are granted to corporations,

market would be contrary to the local governments sworn obligation to enact measures that will enhance the public health and safety of the municipalitys inhabitants.

subject to the limitations provided in this Code and other laws. (b) Local government units may

G. Corporate Powers Sec. 22. Corporate Powers. (a)

continue using, modify, or change their existing corporate seals:

Every local government unit, as a corporation, shall have the following powers: (1) To have continuous succession

Provided, That newly established local government units or those without corporate seals may create their own corporate seals which shall be registered with the Department of the Interior and Local Government:

in its corporate name;

Provided, further, That any change of corporate seal shall also be

H. Liability for damages Sec. 24. Liability for Damages.

registered as provided herein. (c) Unless otherwise provided in this Code, no contract may be entered into by the local chief executive in behalf of the local government unit without prior authorization by the sanggunian concerned. A legible

Local government units and their officials are not exempt from liability for death or injury to persons or damage to property. I. Authority to negotiate and secure grants; receive

donations; float bonds; buildoperate-transfer Sec. 23. Secure Authority to Negotiate and Grants. Local chief

copy of such contract shall be posted at a conspicuous capitol place or in the city,

provincial

the

municipal or barangay hall. (d) Local government units shall

executives may, upon authority of the sanggunian, negotiate and secure financial grants or donations in kind, in support of the basic services or facilities enumerated under Section 17 hereof, from local and foreign assistance agencies without

enjoy full autonomy in the exercise of their proprietary functions and in the management of their economic

enterprises, subject to the limitations provided in this Code and other applicable laws.

necessity of securing clearance or approval therefor from any

J. Mayors

power

over

the

police: Operational control; suspension RA 8551 See attachments Sec 28, LGC Sec. 28. Powers of Local Chief

department, agency, or office of the National Government of from any higher local government unit:

Provided, That projects financed by such grants or assistance with

national security implications shall be approved by the national agency concerned: Provided, further, That when such national agency fails to act on the request for approval within thirty (30) days from receipt thereof, the same shall be deemed approved. The local chief executive shall, within thirty (30) days upon signing of such grant agreement or deed of donation, report the nature, amount, and terms of such assistance to both Houses of Congress and the President.

Executives over the Units of the Philippine National Police. The

extent of operational supervision and control of local chief executives over the police force, fire protection unit, and jail management in their personnel respective

assigned

jurisdictions shall be governed by the provisions of Republic Act Numbered Sixty-nine hundred seventy-five (R.A. No. 6975), otherwise known as "The Department of the Interior and Local

Government Act of 1990", and the rules and regulations issued pursuant thereto.

Part III Elective Officials, Vacancies, Succession, Disciplinary Actions

ELECTIVE OFFICIALS Sec 39 75, LGC Qualifications (Sec. 39) 1. citizen of the Philippines 2. registered voter in the 5. Age requirements for of elective officials preceding election 4. able to read and write Filipino or any other local language or dialect. barangay, municipality, city, or province or district (only in the case of a member of the sangguniang sangguniang panlalawigan, panlungsod, or the day of the

candidates, as of election day: a. governor, vice-governor, or member of the

sangguniang panlalawigan, or mayor, vice-mayor or member of the panlungsod sangguniang of highly

sangguniang bayan) where he intends to be elected 3. a resident therein for at least one (1) year immediately

urbanized cities - at least 23 years old b. mayor or vice-mayor of independent component

COMELEC may not deny due course or cancel a certificate without proper proceedings. To receive and acknowledge certificates of receipt of is the a The

cities, component cities, or municipalities - at least 21 years old c. punong member barangay of , the

candidacy

ministerial duty of COMELEC.

COMELEC does not have discretion to give or not to give due course to the certificate. It may not look into matters not appearing on their face (Cipriano v. COMELEC [2004]). Rationale of residency requirement The residence requirement is rooted in the desire that officials of districts or localities be acquainted with the needs, difficulties, and other matters vital to the common welfare of the constituents. The actual, physical and

sangguniang panlungsod, sangguniang bayan, or sangguniang barangay at least 18 years old d. sangguniang kabataan at least 15 years old but not more than 21 years old Certificates of candidacy to be taken at face value

personal

presence

is

substantial

enough to show his intention to fulfill

the duties of mayor and for the voters to evaluate his qualifications for the mayorship. A very legalistic,

3. Those

convicted

by

final

judgment for violating the oath of allegiance to the Republic 4. Those with dual citizenship 5. Fugitives from justice in

academic and technical approach to the residence requirement does not satisfy the rationale for the said requirement (Torayno v. COMELEC [2000]). Disqualifications of elective officials (Sec. 40) 1. Those sentenced for an by final

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 this Code; and 7. The insane or feeble-minded. 8. Other grounds for

judgment

offense

involving moral turpitude or for an offense punishable by one (1) year or more of

imprisonment, within two (2) years after serving sentence 2. Those removed from office as a result of an administrative case

disqualification: a. Vote-buying, determination in upon a

summary proceeding.

administrative (Nolasco v.

election, and for other purposes). c. Politically-motivated acts. Any person who, directly or indirectly, coerces, threatens,

COMELEC [1997]). b. Previously-elected official. Any elective

official who has resigned from his office, which he previously occupied but has caused to become vacant due to his

bribes,

harasses, intimidates or actually causes, inflicts or produces any violence, injury, punishment,

resignation (by accepting an appointive office or for whatever reason), is

torture, damage, loss or disadvantage person aspiring or to to any

persons become a

disqualified from running in a special election (from RA 8295, An for act the

candidate or that of the immediate member of his family, his honor or

providing

proclamation of a lone candidate for any elective office in a special

property that is meant to eliminate potential all other

candidate,

where evidence of guilt is strong 8295). Term of Office (Sec. 43) 1. For all elective officials (also from RA

sangguniang years, which

kabataan: shall

begin

after the regular election of barangay officials on the second 1994. 3. No local elective official shall serve for more than 3 Monday of May

except barangay officials: 3 years, starting from noon of June 30, 1992 or such date as may be provided for by law. a. all local officials first elected during the local elections immediately 4.

consecutive terms in the same position. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the

following the ratification of the 1987 Constitution

continuity of service See also Sec. 8, Art. X, 1987 Constitution: The term of office of elective local officials, except

shall serve until noon of June 30, 1992 2. For barangay officials and members of the

barangay officials, which shall be

determined by law, shall be three years and no such official shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. Elections (Sec. 41, 42) Unless otherwise provided by law, the elections for local officials shall be held every 3 years on the second Monday of May. Official Governor, governor, vice-mayor, punong barangay Sangguniang kabataan How elected vice- At large, by all mayor, the voters qualified in their

chairman

katipunan

ng

kabataan1 Members of the By the qualified sangguniang panlalawigan, panlungsod, bayan Members of the At large sangguniang barangay voters district in their

Other

members

of

the

various

sanggunian 1. The presidents of the leagues of sanggunian members cities of and

component

municipalities shall serve as ex officio members of the

respective units By the registered voters of the

Sec. 424, LGC: Katipunan ng Kabataan. The katipunan ng kabataan shall be composed of all citizens of the Philippines actually residing in the barangay for at least 6 months, who are 15 but not more than 21 years of age, and who are duly registered in the list of the sangguniang kabataan or in the official barangay list in the custody of the barangay secretary.

sangguniang concerned.

panlalawigan

determined by the sanggunian concerned within ninety (90) days prior to the holding of the next local elections as may be provided for by law. Vacancies and Succession of

2. The presidents of the "liga ng mga barangay ng and the mga

pederasyon

sangguniang kabataan" elected by their respective chapters shall serve as ex officio

Elective OFficials Permanent Vacancies (Sec. 44) Arises when an elective local official: 1. fills a higher vacant office 2. refuses to assume office 3. fails to qualify 4. dies 5. is removed from office 6. voluntarily resigns

members of the sangguniang panlalawigan, sangguniang

panlungsod, and sangguniang bayan 3. There shall be one (1) sectoral representative from the women, one (1) from the workers, and one (1) from any of the

following sectors: the urban poor, indigenous cultural

communities, disabled persons, or any other sector as may be

7. is

otherwise

permanently

member, case of

or

in his

incapacitated to discharge the functions of his office Filling of vacancy by automatic

permanent inability, The second

succession (Sec. 44) Permanent Successor

highest-ranking sanggunian member

Vacancy 1. Office of the Vice-governor, governor, mayor vice-mayor 2. Offices of - Highest-ranking governor & vice- sanggunian governor, mayor mayor & or member, vice- case of or in his

For purposes of succession, ranking in the sanggunian 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

permanent inability, The second

the

immediately

preceding

local

highest-ranking sanggunian member 3. Office of the - Highest-ranking punong barangay sanggunian

election. A tie between or among the highest ranking sanggunian members shall be resolved by the drawing of lots

The successors as defined herein shall serve only the unexpired terms of their predecessors. Filling of vacancy by appointment (Sec. 45) Resorted to when automatic

panlungsod component cities; sangguniang

of

bayan 3. Sangguniang City or municipal barangay mayor, upon

succession provided in Sec. 44 does not apply Permanent Appointing

recommendation of the sangguniang barangay concerned

Vacancy Power 1. Sangguniang President, through panlalawigan; sangguniang panlungsod of the Executive General Rule:

the appointee shall

Secretary

come from the same political party as that of the sanggunian member who caused the vacancy and shall serve the unexpired term of the vacant office. To ensure this, a nomination and a certificate of membership of the appointee from the highest official

highly urbanized cities independent component cities 2. Sangguniang Governor and

of the political party concerned are conditions sine qua non. Effects if nomination and certificate are absent: a. any appointment without such shall be null and void ab initio b. ground for administrative action against the official responsible therefor Exceptions: In case the permanent vacancy is caused by a sanggunian member who does not belong to any political executive party, the shall, local chief upon

barangay in the sanggunian, said vacancy shall be filled automatically by the official next in rank of the organization concerned. Temporary Vacancy in the Office of the Local Chief Executive (Sec. 46) Arises when the local chief executive (governor, barangay): 1. 2. 3. 4. is on leave of absence is on travel abroad is suspended from office is otherwise temporarily mayor, or punong

recommendation of the sanggunian concerned, appoint any qualified

incapacitated to perform his duties for physical or legal reasons General rule: the vice-governor, or the

person to fill the vacancy In case of vacancy in the

representation of the youth and the

city/municipal

vice-mayor,

highest

ranking

sangguniang

Exception: If the local chief executive is traveling within the country but outside his territorial jurisdiction for a period not exceeding 3 consecutive days, he may designate in writing the

barangay member shall automatically exercise the powers, and perform the duties and functions, of the local chief executive. Exception: The power to

officer-in-charge. shall specify

The authorization the powers and

appoint/suspend/dismiss employees, which can be exercised only if the period of temporary incapacity

functions that the officer-in-charge shall include exercise, the which does not to

exceeds 30 working days. General rule: The local chief

power

appoint/suspend/dismiss EEs. Exception to the exception: If the local chief executive fails/refuses to issue the authorization, the vicegovernor, city/municipal vice-mayor, or highest ranking sangguniang has right to

executive cannot authorize any local official to assume the

powers/duties/functions of his office, other than the vice-governor,

city/municipal vicemayor, or highest ranking member. sangguniang barangay

barangay

member

assume the powers/duties/functions of the office on the 4th day of absence.

The

temporary

incapacity

shall

the duties of the governor for a fulltime occupant to discharge them. Hence, there is an inability on the part of the regular presiding officer (vice-governor) to preside during the sanggunian sessions, which calls for the election of a temporary presiding officer (Gamboa v. Aguirre [1999]). The governor has the power to fill vacancy in the Sangguniang Bayan caused by a member not belonging to any political party. It is the same

terminate upon submission to the appropriate sanggunian of a written declaration by the local chief

executive concerned that he has reported back to office. In cases where the temporary incapacity is due to legal causes, the local chief executive submit concerned necessary shall also

documents

showing that said legal causes no longer exist. Acting governor cannot

manner

as

where

the

member

simultaneously act as vice-governor. A vice-governor who is concurrently an acting governor is actually a quasi-governor. Being the acting

belonged to a political party. Where there is no political party to make the nomination, the Sanggunian, where the vacancy occurs, must be

governor, the vice cannot continue to simultaneously exercise the duties of the latter office, since the nature of

considered authority for making the recommendation. The appointing

authority is limited to the appointment

of

those

recommended

to

the

component city / municipality 5. Punong City / municipal barangay mayor 6. Sangguniang Punong barangay barangay members

governor. The recommendation is a condition sine qua non for the validity of the appointment (Farias v. Barba [1996]). Leaves of Absence (Sec. 47) LOA of 1. To be approved by Governor; The President or duly

Whenever the application for leave of absence hereinabove specified is not acted upon within five (5) working days after receipt thereof, the

mayor of a highly his urbanized city or authorized an

independent representative chief

application for leave of absence shall be deemed approved. Local Legislation Where local legislative power vests or (Sec. 48) 1. sangguniang for the province panlalawigan

component city 2. Vice-governor; Local city / municipal executive

vice-mayor concerned 3. Members of Vice-governor the and employees 4. Mayor sanggunian vice-mayor its concerned or Governor

2.

sangguniang panlungsod for the city

The temporary presiding officer shall certify, within 10 days from the passage of ordinances enacted and resolutions adopted, such ordinances and resolutions in the session over

3.

sangguniang bayan for the municipality

4.

sangguniang barangay for the barangay

which he temporarily See also Sec. 20, Art. X, 1987

Presided over by the vice-governor, vice-mayor, or punong barangay. And because the presider is not a member of the Sanggunian, he can vote only in case of a tie (Perez v. Dela Cruz [1969]). Should the vice-governor, vice-mayor or punong barangay be unable to preside, the members present and constituting a quorum shall elect from among themselves a temporary

Constitution. jurisdiction

Within and

its

territorial to the

subject

provisions of this Constitution and national laws, the organic act of autonomous regions shall provide for legislative powers over: 1. Administrative organization; 2. Creation revenues; 3. Ancestral domain and natural resources; of sources of

presiding officer.

4. Personal, family, and property relations; 5. Regional urban and rural

the election of its members and within 90 days thereafter The rules of procedure shall provide for the following: 1. The organization of the

planning development; 6. Economic, social, and tourism development; 7. Educational policies; 8. Preservation and development of the cultural heritage; and 9. Such other matters as may be authorized promotion by of law the for the

sanggunian and the election of its officers 2. the creation of standing

committees (eg., committees on appropriations, women and family, human rights, youth and sports environmental cooperatives, general development, protection, etc.), their their their

general

welfare of the people of the region. Internal Rules of Procedure (Sec. 50) Every sanggunian must adopt or update its existing rules of procedure, on the first regular session following

jurisdiction, and

chairpersons, members

3. The order and calendar of business for each session

4. The legislative process 5. The parliamentary procedures which include the conduct of members during sessions 6. The discipline of members for disorderly absences behavior without and 7. Such

involving moral turpitude shall be automatically from the

expelled

sanggunian; and other rules as the

sanggunian may adopt Quorum (Sec. 53) A majority of all the members of the sanggunian who have been elected and qualified shall constitute a

justifiable

cause for four (4) consecutive sessions, a. the penalty of suspension or expulsion shall require the concurrence of at least two-thirds (2/3) vote of all the sanggunian

quorum to transact official business Should a question of quorum be raised during a session, the presiding officer shall immediately proceed to call the roll of the members and thereafter announce the results Where there is no quorum, the presiding officer may declare a

members b. a member convicted by final judgment to

imprisonment of at least one (1) year for any crime

recess until such time as a quorum is

constituted, or a majority of the members present may adjourn from day to day Majority of the members present may compel the immediate attendance of any member absent without

Sessions (Sec. 52) Regular Sessions. The sanggunian shall, by resolution, fix the day, time, and place of its regular sessions on the first session day immediately after the election of its members. The minimum numbers of regular sessions shall be: once a week for the

justifiable cause by designating a member of the sanggunian to be assisted by the police force assigned in the territorial jurisdiction of the LGU concerned, to arrest the absent member and present him at the session If there is still no quorum despite this, no business shall be transacted. The presiding officer, upon proper motion duly approved shall by then the members the

sangguniang

panlalawigan,

sangguniang panlungsod, and sangguniang bayan twice a month for the

sangguniang barangay Special Sessions. Special sessions may be called by the local chief executive or by a majority of the members of the sanggunian

present,

declare

session adjourned for lack of quorum

whenever demands.

public

interest

so

Exception:

unless

closed-door

session is ordered by an affirmative vote of majority of the members present, there being a quorum Reasons for closed-door session: public interest, reasons of security, decency, or morality. No two (2) sessions, regular or special, may be held in a single day. Each sanggunian shall keep a journal and record of its proceedings, which may be of published the upon

In the case of special sessions, a written notice to the members shall be served personally at the member's usual place of residence at least 24 hours before the special session is held. And unless otherwise

concurred in by two-thirds (2/3) vote of the sanggunian members present, there being a quorum, no other matters may be considered at a special session except those stated in the notice. General rule: all sessions shall be open to the public

resolution concerned.

sanggunian

Full disclosure of conflict of interest of members (Sec. 51) Conflict of interest refers in general to one where it may be reasonably deduced that a member of a

sanggunian may not act in the public interest due or to some other private, personal

sanggunian of which he is a member, which relationship may result in conflict of interest. Such relationship shall include: Ownership of stock or capital, or investment, in the entity or

pecuniary,

considerations that may tend to affect his judgment to the prejudice of the service or the public. Every sanggunian member shall, upon assumption to office, make a full disclosure of:

firm to which the ordinance or resolution may apply Contracts or agreements with

his

business

and

financial

any person or entity which the ordinance or resolution under consideration may affect

interests professional relationship, or any relation by affinity or

The disclosure required under this Act shall be made in writing and submitted to the secretary of the sanggunian or the secretary of the committee of which he is a member.

consanguinity within the fourth civil degree with any person, firm, or entity affected by any ordinance or

resolution under consideration by the

The disclosure shall form part of the record of the proceedings and shall be made: before the member participates in the deliberations on the ordinance or resolution under consideration before voting on the ordinance or resolution on second and third readings, if the member did not participate during the deliberations when a member takes a

Approval and Vetoing of Ordinances (Sec. 54, 55) 1. Ordinances enacted by the sangguniang panlalawigan,

panlungsod, or bayan: a. Every ordinance enacted by the sangguniang

panlalawigan, panlungsod, or bayan

shall be presented to the local chief executive (i.e., the governor or mayor). b. If the local chief executive approves the same, he shall affix his signature on each and every page

position or makes a privilege speech on a matter that may affect the business interest, financial professional described herein connection, or

thereof. c. Otherwise, he shall veto it within 15 days (in case of

relationship

a province) or 10 days (in case of a city or

1. an appropriations ordinance 2. an ordinance or resolution a

municipality) and return the same with his written objections to the

sanggunian, which may proceed to reconsider the same. i. Grounds vetoing: for the

adopting local development plan public investment program, or

and

ordinance is ultra vires, or prejudicial to the public welfare ii. Item-vetoing: the

3. an ordinance directing payment money creating liability the of or

local chief executive shall have the

power to veto any particular items of item or

In such a case, the veto shall not affect the item or items which are not objected to. The vetoed item or items shall not take effect unless the sanggunian otherwise, overrides any item/s the in of veto; the the

making the ordinance or resolution effective for all legal intents and

purposes, even without the approval of the local chief concerned. e. If the ordinance is not returned by the local chief executive within the time prescribed, the ordinance shall be deemed executive

appropriations

ordinance

previous year corresponding to those vetoed shall be deemed reenacted. iii. The local chief

executive may veto an ordinance or only

resolution once. d. The

approved as if he had signed it.

sanggunian

2. Ordinances enacted by the sangguniang barangay a. Must be signed by the punong barangay upon approval by the majority

concerned may override the veto of the local chief executive by two-thirds (2/3) vote of all its

members,

thereby

of

all

the

sanggunian

b. The

punong

barangay

members.

has no veto power.

Review of Ordinances and Resolutions (Sec. 56-58) Ordinances and resolutions Ordinances by the / by the

sangguniang sangguniang barangay sangguniang Sangguniang panlungsod / bayan All barangay ordinances

panlungsod

bayan Sangguniang panlalawigan Reviewed by 1. Approved ordinances 2. Resolutions approving a. local What may be plans b. public programs investment formulated development

reviewed

by local development Period councils for Within 3 days after approval Within 10 days after

submitting copies by the secretary

enactment

of the sanggunian concerned Within 30 days after receipt of Within Period for review copies of ordinances 30 days from and receipt of copies of the ordinances and resolutions By itself help of the / The

resolutions 1. By itself, or 2. With the

provincial

attorney

provincial prosecutor.

latter must submit his written Manner of review comments recommendations sangguniang to or the

panlalawigan

within 10 days from receipt of the documents to be

examined

Ground/s invalidating,

for 1. If and

the

sangguniang 1. If

the

sangguniang / bayan such

panlalawigan finds that such an ordinance or resolution is ultra vires, it shall declare such ordinance or resolution invalid in whole or in part. 2. The sangguniang

panlungsod finds that

action to be taken

ordinance or resolution is inconsistent with

law and city/municipal ordinances, it shall

panlalawigan shall enter its action in the minutes and shall advise city the or

return the same with its comments and

recommendations to the sangguniang barangay for amendment, modification this case, of the the adjustment, or

corresponding

municipal authorities of the action it has taken. 3. Any attempt to enforce any

ordinance or any resolution 2. In approving the local

effectivity

development plan and public investment program, after the disapproval thereof, shall be sufficient ground for the

barangay ordinance is suspended until such time as the revision called for is effected.

suspension or dismissal of 3. Any attempt to enforce the official or employee any ordinance after the disapproval shall ground be thereof, sufficient for the

concerned.

suspension or dismissal of the official or

employee concerned. If no action has been taken If no action is taken within within 30 days after submission thirty of Effect of inaction resolution, the same shall be the same shall be deemed presumed consistent with law approved and therefore valid such an ordinance (30) days from

or receipt of the ordinances,

Effectivity

of

Ordinances

or

Unless

otherwise

stated

in

the

Resolutions (Sec. 59) 1. Ordinance approving or the resolution local

ordinance or resolution approving the local development plan and public investment program, the same shall take effect after ten (10) days from

development plan and public investment program

 Posting, by the secretary, of a copy thereof in a bulletin board at the entrance of the provincial capitol / city, municipal, or barangay hall, which must be done not later than 5 days after its approval; and in at least 2 other conspicuous places in the LGU concerned The text of the ordinance or

2.

Ordinances sanctions

with

penal

The gist of all ordinances with penal sanctions shall be published in a newspaper of general circulation

within the province where the local legislative body concerned belongs. In the absence of any newspaper of general circulation within the

province, posting of such ordinances shall be made in all municipalities and cities of the province where the sanggunian of origin is situated. 3. Ordinances enacted by the local legislative bodies of highly urbanized and

resolution shall be disseminated and posted in Filipino or English and in the language understood by the majority of the people in the LGU concerned The secretary to the sanggunian shall record such fact in a book kept for the purpose, stating the dates of approval and posting

independent cities

component

The main features of the ordinance or resolution duly enacted or adopted shall, in addition to being posted, be published once in a local newspaper of general circulation within the city In the absence of a local newspaper, the ordinance or resolution shall be published in any newspaper of

3.

Dishonesty,

oppression,

misconduct in office, gross negligence, or dereliction of duty; 4. Commission of any offense involving moral turpitude or an offense punishable by at least prision mayor; 5. 6. Abuse of authority; Unauthorized absence for fifteen (15) consecutive

general circulation Disciplinary Actions Grounds (Sec. 60) 1. Disloyalty to the Republic of the Philippines; 2. Culpable violation of the

working days, except in the case of members of the Sangguniang Panlalawigan, Sangguniang Sangguniang Panlungsod, bayan, and

Constitution;

Sangguniang Barangay; 7. Application for, or acquisition of, foreign citizenship or

residence or the status of an immigrant country; and 8. Such other grounds as may be provided in this Code and other laws. Removal of elective officials based on these grounds may only be done by ORDER of proper court. Form and Filing of administrative complaint (sec. 61) Form of Complaint: It must be VERIFIED Where to File: of another

(1)Against an elective official of a province, highly-urbanized city, independent component city or component city Office of the President (OP); (2)Against an elective municipal official Sangguniang appealable to

Panlalawigan,

the Office of the President (OP); (3)Against an elective barangay official Sangguniang

Panlungsod or Bayan as the case may be, non appealable. Notice of hearing (Sec. 62) The notice of hearing must be sent to the elective official complained of within seven (7) days from filing of

verified complaint which indicates that: An administrative complaint is lodged against him; Requiring him to submit his VERIFIED ANSWER within

(2) If a preventive suspension has been imposed prior to 90-day period immediately preceding local election, it shall be deemed upon

AUTOMATICALLY

LIFTED

start of aforesaid period. Preventive suspension of local

fifteen (15) days from receipt of notice The disciplining authority shall

elective officials (Sec. 63) Who may impose: Against an elective official of a PROVINCE, URBANIZED HIGHLYCITY,

commence the investigation of the case within ten (10) days after receipt of the respondents answer. NOTE: (1) No investigation shall be held within ninety (90) days immediately prior to any LOCAL ELECTION, and no preventive suspension shall be imposed within the same period.

INDEPENDENT COMPONENT CITY The President thru the DILG Secretary; Against an elective municipal official or an elective official of a component city The

Provincial Governor;

 Against an elective barangay official The Mayor When to impose: At any time after the issues have been joined, when the evidence of guilt is strong, and given the gravity of offense, then is great possibility that the continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence. Duration of Preventive Suspension: Any single preventive

In

the

event

that

several

administrative cases are filed against an elective official, he cannot be preventively

suspended for more than ninety (90) days within a single year on the same ground or grounds existing and known at the time of the first suspension. What happens after preventive

suspension: The suspended elective official shall be deemed REINSTATED IN OFFICE without prejudice to the continuation of the

proceedings against him Duration Proceedings Judgment): of Administrative (Rendition of

suspension of local elective official SHALL NOT beyond sixty (60) days. extend

 One hundred twenty (120) days from the time the respondent was formally notified of the case against him.

compensation

during

the

pendency of the suspension

If found NOT NOTE: If the delay in the If found GUILTY GUILTY after after proceeding proceeding The suspended official shall be paid salary Any abuse of the exercise of the power of preventive No compensation compensation will be given including other emoluments accruing during suspension the FULL or the the

proceedings of the case of the case is due to his FAULT, NEGLECT, or REQUEST, other than the appeal duly filed, the duration of such delay shall not be counted in computing the time of termination of the case.

suspension shall be penalized as ABUSE OF AUTHORITY. Salary of respondent pending

suspension (Sec 64) The suspended official shall not receive any salary or

Rights of respondent official (Sec 65)

1. To appear and defend himself in person or by counsel; 2. To confront and cross-examine the witnesses against him; 3. To require the attendance of witnesses and the production of documentary evidence in his favor through the compulsory process of sub poena or sub poena duces tecum Form and Notice of decision (Sec 66)

It shall be in writing; It shall state clearly and

distinctly the facts and the reasons for the decision. Notice of decision: The notice together with the copies of the decision shall IMMEDIATELY the be furnished and all

respondent

interested parties. Imposable penalty: The investigation of the case SHALL be terminated within 90 days from the start thereof. The disciplining authority shall render its decision within 30 days after the end of the investigation. Form of decision: SUSPENSION It shall not (1)

exceed:

the unexpired term of the

respondent; or (2) a period of six (6)

months every

for

respondent for elective position ANY

administrative offense

It shall NOT be a bar to the candidacy of the Administrative appeals (Sec 67) Period to appeal: Within thirty (30) days from receipt of the

respondent so suspended as long meets as he the

decision. Where to appeal: For the decisions of Sangguniang Panlalawigan Sangguniang of

qualifications required the office REMOVAL Amounts to a bar to the of

2

for

Panlungsod

Component Cities and Sangguniang Bayan2

candidacy the

The provision is not explicit whether the decision of Sangguniang Bayan and Sangguniang Panlungsod of Component Cities after appeal to Sangguniang Panlalawigan can be further appealed to the Office of

Decisions President For the decisions of Sangguniang

of

the

Office be

of

the and

shall

final

executory. (see Calingin v. CA, July 12, 2004) Execution pending appeal3 (Sec 68) An appeal shall not prevent a decision from becoming final and executory. The respondent official shall be considered as having been placed under preventive during the

Panlalawigan and the Sangguniang Office of the Panlungsod President Highly Urbanized Cities (HUC) and Independent Component Cities of

suspension
the President. But the author of this reviewer humbly believes that pursuant to the doctrine of exhaustion of administrative remedies in Administrative Law, it can be further appealed to the Office of the President. This view is also bolstered by the last sentence of the same provision which states that Decisions of the Office of the President shall be final and executory. The said statement begs the question: If the decision of the Office of the President is final and executory, how about that of the Sangguniang Panlalawigan?

pendency of an appeal in the event he wins such appeal.

This provision is poorly worded. The drafter might be drunk when he/she wrote this provision. The first and second sentences, as written, do not make any sense. One might ask regarding the first sentence, Why appeal if the decision will become final and executory notwithstanding the filing of an appeal? The author humbly submits that the second and third sentences of this provision should have been written or was intended to be written this way: The respondent shall be considered as having been placed under preventive suspension during the pendency of an appeal[.] in the event he wins such appeal. In the event the appeal results in an exoneration, he shall be paid his salary and such emoluments during the pendency of the appeal

 In the event the appeal results in EXONERATION, he shall be paid his salary and such other emoluments during the

2. The

barangay, local

city

or

municipality,

legislative

district and the province to which the petitioners belong 3. The name of the official sought to be recalled 4. A brief narration of the reasons and justifications therefore. Process: 1. Petition of a registered voter in the LGU concerned, supported by percentage of registered voters during the election in which the local official sought to

pendency of the appeal. Recall By whom exercised (Sec 69) It shall be exercised by the registered voters of a local government unit to which the local elective official

subject to such recall belongs. Ground: Loss of Confidence Initiation of Recall Process (Sec 70) Contents of the Petition: 1. The names and addresses of the petitioner written in legible form and their signatures

be recalled is elected filed with the COMELEC thru its office in the LGU concerned. decreases as

(Percentage

population of people in area

increases. Also, the supporting voters MUST sign the petition) 2. Within 15 days after filing, COMELEC must certify the sufficiency of the required

conspicuous

places.

Protest

should be filed at this point and shall be ruled with finality within 15 days from filing of such protest or challenge. 4. COMELEC then verifies and authenticates the signatures

number of signatures. Failure to obtain required number the

automatically petition.

nullifies

gathered. Representatives of the petitioners as well as the official sought to be recalled shall be duly notified and shall have the right to participate therein as mere observers. 5. COMELEC shall announce the acceptance of candidates to the position and thereafter

3. Within 3 days of certification of sufficiency form and substance of the petition, the COMELEC shall provide the official with a copy of the petition and causes its publication for 3 weeks (once a week) in a national newspaper newspaper and of a local general

prepare the list of candidates which shall include the name of the official sought to be

circulation. Petition must also be posted for 10 to 20 days at

recalled.

Election on recall (Sec 71) Prescribed date of Recall Election: Shall not be later than For recall of days thirty upon (30) the

The official sought to be recalled shall automatically be considered as duly registered candidate or

candidates to the pertinent positions and, like other candidates, shall be entitled to be voted upon. Effectivity of recall (Sec 72) The recall of an elective local official shall be effective only upon the election and proclamation of the

barangay, city, or completion of the municipal officials procedure for

initiation of recall process Shall not be later than forty-five (45) days upon the

candidate

receiving

the

highest

number of votes cast during the recall election. Should the official sought to be recalled receive the highest number of votes, confidence in him is thereby affirmed and he shall continue in office. Prohibition from resignation (Sec 73)

For

recall

of completion of the procedure for

provincial officials

initiation of recall process

The elective local official sought to be recalled shall not be allowed to resign while the recall process is in

For this purpose, there shall be included in the annual General

Appropriations Act a contingency fund for the conduct of recall

progress. Limitation on recall (sec 74) Any elective local official may be the subject of a recall election only once during his term of office No recall shall take place within one (1) year from the date of the officials

elections. A. Qualifications Sec 39, LGC See above Abella v. Comelec Benjamin Abella was a candidate for

assumption to office or one (1) year Leyte immediately preceding a regular local elections. Emeterio Larrazabal was election. also a candidate for Leyte governor, Expenses incident to recall election (Sec 75) All expenses incident to recall but was disqualified for lack of residence. On the day before the elections, his wife Adelina Larrazabal then filed her candidacy as his substitute. The following day governor for the 1988

elections shall be borne by the COMELEC.

Silvestre de la Cruz, a registered

voter of Tacloban City, filed a petition to disqualify her, on the ground that she misrepresented her residence as Kananga, Leyte when in fact she was a resident of Ormoc City like her husband. She was however

WON

Adelina

Larrazabal

was

qualified to run as governor of Leyte HELD: Adelina Larrazabal lacked No the

required residence because she has established her residence at Ormoc City since 1975 and not at Kananga. Her attempt to purportedly change her residence one year before the election by registering at Kananga clearly shows that she considers herself as an Ormoc City resident. There is no evidence to prove that the petitioner temporarily left her residence to pursue any calling, profession or business to satisfy the principle of animus revertendi. The fact that she occasionally visits

proclaimed as the winning candidate, and thus assumed office while the hearings on her disqualification case continued. She was later on declared by the COMELEC as disqualified from running as governor. The

incumbent vice-governor Leopoldo Petilla then took his oath as Leyte Governor and assumed office, which COMELEC resolved by ordering

Petilla to maintain status quo ante and refrain from assuming the office of governor.

Kananga through the years does not signify an intention to continue her

residence therein. Having thus been established as an Ormoc City

Oct

1988

the

League

of

Municipalities

Sorsogon

Chapter,

resident, she is disqualified from running as Leyte governor since Ormoc Citys charter prohibits its voters from voting for provincial elective officials, since it is treated like a highly urbanized city which is outside the supervisory power of the province to which it is geographically attached. The provision in the charter connotes two prohibitions: one from running and the other from voting for any provincial elective official. (Since there was a vacancy in the Office of the Governor, the vice-governor

represented by its president Salvador Estuye (also suing in his personal capacity) filed with the COMELEC a petition for the annulment of

Frivaldos election on the ground that he was not a FIipino citizen. Frivaldo admitted he was naturalized in the US, but explained that such was only to protect himself against President Marcos. He said he could not have repatriated himself since the Special Committee on Naturalization (created by LOI 270) had not yet been organized. He argued that his oath in his certificate of candidacy that he was a natural-born citizen was a sufficient act of repatriation, and that

assumed office.) Frivaldo v. Comelec (1989) Juan Frivaldo assumed office as Sorsogon governor in 1988. On 27

his active participation in the 1987

elections

had

divested

him

of

was then not a Filipino citizen, and thus disqualified to vote and run for office since Filipino citizenship is one of the qualifications for voting and for being a candidate for local elective office. (There was then a vacancy in the Office of the Governor, thus the

American citizenship under US laws, thus restoring his Filipino citizenship. WON Frivaldo was a Filipino citizen at the time of his election as Sorsogon governor HELD: No

elected office.)

vice-governor

assumed

The alleged forfeiture of his American citizenship participation due in to his active politics

Philippine

Labo v. Comelec (1989) Ramon Labo Jr married an Australian citizen in the Philippines. As the spouse of an Australian citizen, he was not required to meet normal requirements citizenship, for and the was grant of

does not automatically restore his Filipino citizenship. If the Committee tasked to handle the repatriation had not yet been constituted, it only meant that Frivaldo should have waited until this was done, or else he should have sought reacquisition of his Filipino citizenship through other means (i.e., direct act of Congress or applied for naturalization). Frivaldo

granted

Australian citizenship on 28 Jul 1976. His marriage was later declared void for being bigamous. He returned to the Philippines using an Australian

passport

and obtained

an Alien

he has lost his Filipino citizenship by all three modes specified in the Constitution: (1) naturalization in a foreign country, (2) express

Certificate of Registration (ACR). He applied for a change in status from immigrant to returning Filipino citizen, but was denied by the Commission on Immigration and Deportation since he has not applied for reacquisition of his Filipino citizenship. He later on ran for and won as Mayor of Baguio City. The second-placer Luis

renunciation of citizenship, and (3) subscribing to an oath of allegiance to support the Constitution or laws of a foreign country. Even if it be assumed that his Australian

citizenship was annulled because his marriage was void for being

Lardizabal filed a petition for quo warranto, alleging that Labo is

bigamous, that circumstance alone does not automatically restore his Philippine citizenship. It does not

disqualified from holding public office on the ground that Labo was an alien, and asking that Labos

appear that Labo sought to reacquire his Filipino citizenship through any of the three modes provided by our laws: direct act of Congress,

proclamation as Mayor be annulled. WON Labo is a Filipino citizen and hence qualified to be Mayor HELD: No

naturalization or repatriation. (Also, the earlier contrary COMELEC

Labo is not a Filipino citizen because

decision can also be reversed since res judicata does not apply to

moved to stay the implementation of the COMELEC decision, which was granted with COMELEC issuing an Order that Labo may still continue to be voted upon as mayor in the 1992 elections, but it resolved to suspend Labos proclamation in the event he wins the elections. WON Labo is a Filipino citizen and hence qualified to be Mayor HELD: No

questions of citizenship.) Not being a Filipino citizen, Labo is disqualified to run for mayor. (There was then a vacancy in the Office of Mayor, thus the Vice Mayor assumed office.) Labo v. Comelec (1992) Ramon Labo Jr filed his certificate of candidacy for mayor of Baguio City in the 1992 elections. Roberto Ortega also filed his certificate of candidacy for the same office, filed and also

Labo failed to submit proof that he has reacquired his Philippine

subsequently

for

Labos

citizenship. He claims that he has reacquired his Filipino citizenship by citing his application for reacquisition of Philippine citizenship filed before the OSG, but despite by the favorable Solicitor

disqualification before the COMELEC on the ground that Labo was an alien. Labo failed to Answer and present evidence; COMELEC Labos

subsequently

cancelled

recommendation

certificate of candidacy. Labo then

General, the Special Committee on

Naturalization had yet to act upon his application for repatriation. In the absence of any official action or approval by the proper authorities, a mere application for repatriation does not, and cannot, amount to an automatic applicants reacquisition Philippine of the

elections. Three days later, another Sorsogon governor candidate, Raul Lee filed for the cancellation of his Frivaldos certificate of candidacy on the ground that Frivaldo was not a Filipino citizen. COMELEC granted the petition. Frivaldo filed a MR, which was not acted upon until after the elections. His candidacy then continued and was thus voted upon (he received the highest number of votes). It was only after the elections that the COMELEC en banc affirmed the resolution of its Second Division. By order of COMELEC, Lee was proclaimed as governor at 830 PM on 30 Jun 1995. On 6 Jul 1995, Frivaldo filed a petition with the COMLEC

citizenship.

(Note: Second-placer Ortega is not entitled to be proclaimed as Mayor because he was not the choice of the sovereign will. The ineligibility of a candidate receiving majority votes does not entitle the eligible candidate receiving the next highest number of votes to be declared elected.) Frivaldo v. Comelec (1996) On 20 Mar 1995, Juan Frivaldo filed his certificate of candidacy in the for 1995

praying for the annulment of Lees proclamation, claiming that since he

Sorsogon

governor

took his oath of allegiance to the Philippines at 2PM on 30 Jun 1995, there was no more impediment to his being proclaimed as governor. In the alternative, he averred that it was the Vice-Governor-elect that should

said date. Furthermore, Frivaldos repatriation retroacted to the date of the filing of his application on 17 Aug 1994, since laws which create new rights are given retroactive effect. And even if Frivaldo was previously declared as not a Filipino citizen by the Supreme Court, such decisions declaring the acquisition or denial of citizenship cannot govern a persons

assume the office and not Lee. WON Frivaldo was qualified to be elected as Sorsogon governor HELD: The law does not specify Yes any

future status with finality, because a person may subsequently reacquire, or for that matter lose, his citizenship under any of the modes recognized by law for the purpose. SC adds, And let it not be

particular date or time when the candidate must possess citizenship. Sine Frivaldo reassumed his

citizenship on 30 June 1995 the very day the term of office of governor began he was therefore already qualified to be proclaimed, to hold such office and to discharge the functions and responsibilities as of

overlooked

that

Frivaldos

demonstrated tenacity and sheer determination to reassume his

nationality of birth despite several

setbacks speak more loudly, in spirit, in fact and in truth than any legal technicality, of his consuming

Philippine citizenship. If the decree had intended the oath taking to retroact to the date of the filing of the application, then it should not have explicitly provided otherwise. Mercado v. Manzano In the 1998 elections, 3 candidates for vice-mayor competed for the post: Eduardo Manzano, Ernesto Mercado and Gabriel Daza III. Manzano won the elections but his proclamation was suspended due to a pending petition for disqualification filed by Ernesto Mamaril who alleged that Manzano was not a Filipino citizen but was instead a US citizen.

intention and burning desire to reembrace his native Philippines even now at the ripe old age of 81 years. Justice Davide DISSENTED, saying that Section 39 of the Local

Government Code of 1991 refers to no other than the qualifications of candidates for elective local offices and their election. Hence, in no way may the section be construed to mean that possession of

qualifications should be reckoned from the commencement of the term of office of the elected candidate. Also, it is only upon taking the oath of allegiance that the applicant is

Manzano was born in San Francisco, California, USA and thus acquired US citizenship by operation of the US Constitution and laws under the

deemed ipso jure to have reacquired

principle of jus soli. He was also a natural-born Filipino citizen by virtue of the 1935 Philippine Constitution, as his father and mother were Filipinos at the time of his birth. At the age of 6, his parents brought him to the Philippines using an American passport. His parents registered his as an alien with the Philippine Bureau of Immigration and was thus issued an Alien Certificate of Registration (ACR). When he attained the age of majority, he registered himself as a voter, and voted in the elections of 1992, 1995 and 1998. On 7 May 1998, COMELEC granted Mamarils petition and cancelled Manzanos certificate of candidacy on the ground that he was a dual citizen and thus disqualified from running for any

elective position. On 8 May 1998, Manzano moved for reconsideration of the decision, and the motion remained pending even until after the elections. On 31 Aug 1998 the COMELEC en banc declared that Manzano was qualified to run for vice mayor. (1) WON Manzano possesses dual citizenship, and (2) WON he is disqualified from running for and being elected as vice mayor HELD: (1) Yes and (2) No

Dual citizenship is different from dual allegiance. The former arises when, as a result of the concurrent

application of the different laws of two or more states, a person is

simultaneously considered a national by the said states. Such a person,

ipso facto and without any voluntary act on his part, is concurrently considered a citizen of both states. Dual allegiance, on the other hand, refers to the situation in which a person simultaneously owes, by

Hence, the phrase dual citizenship in RA 7160 (Local Government Code of 1991) Sec 40(d) and RA 7854 (Makati City Charter) Sec 20 must be understood as referring to dual

allegiance. Thus, persons with mere dual citizenship do not fall under this disqualification. The oath of allegiance contained in Manzanos certificate of candidacy is sufficient to constitute renunciation of his American citizenship, effectively removing any disqualification he

some positive act, loyalty to two or more states. While dual citizenship is involuntary, dual allegiance is the result of an individuals volition. In including Section 5 in Article IV of the Constitution (Dual allegiance of

citizens is inimical to the national interest and shall be dealt with by law.), the concern of the

might have as a dual citizen. There is no merit to the contention that to be effective, such renunciation should have been made upon Manzanos reaching the age of majority, since no law requires the election of Philippine

Constitutional Commission was not with dual citizens per se but with naturalized citizens who maintain their allegiance to their countries of origin even after their naturalization.

citizenship

to

be

made

upon

still made several trips to the US. On November 10, 2000, he was

attainment of the age of majority. Manzanos oath of allegiance to the Philippines, when considered with the fact that he has spent his youth and adulthood, received his education, practiced his profession as an artist, and taken part in past elections in this country, leaves no doubt of his election of Philippine citizenship. Coquilla v. Comelec

repatriated and he took his oath as a citizen February of the 27, Philippines. 2001, after On his

application for registration as a voter of Butnga, Oras, Eastern Samar was approved, he filed his certificate of candidacy stating therein that he had been a resident of Oras, Eastern Samar for two (2) years. Respondent Alvarez (incumbent

Coquilla was born of Filipino parents in Oras, Eastern Samar. He resided there until 1965, when he joined the United States Navy. He was

mayor of Oras and who was running for reelection) sought the cancellation of petitioners certificate of candidacy on the ground that the Coquilla had made a material misrepresentation in his certificate of candidacy by stating that he had been a resident of Oras for two years when in truth he had

subsequently naturalized as a U.S. citizen. On October 15, 1998,

petitioner came to the Philippines and took out a residence certificate but

resided therein for only about six months since November 10, 2000, when he took his oath as a citizen of the Philippines. The COMELEC was unable to render judgment on the case before the elections on May 14, 2001.

voter in the barangay, municipality, city, or province or, in the case of a member of the sangguniang sangguniang

panlalawigan,

panlungsod, or sangguniang bayan, the district where he intends to be elected; a resident therein for at least one (1) year immediately preceding the day of the election; and able to read and write Filipino or any other local language or dialect. (Sec. 39(a), LGC)

Meanwhile, petitioner was elected by a margin of 379 votes, was

proclaimed mayor, and subsequently took his oath of office. HELD: Petitioner had NOT been a resident of Oras, Eastern Samar at least one (1) year before the

The

term

residence not in its

is

to

be

understood

common

elections held on May 14, 2001 as he represented candidacy. An elective local official must be a citizen of the Philippines; a registered in his certificate of

acceptation as referring to dwelling or habitation, but rather to

domicile or legal residence, that is, the place where a party actually or constructively has his permanent home, where he, no matter where he

may be found at any given time, eventually intends to return and remain (animus manendi). A

It is not true, as petitioner contends, that he reestablished residence in this country in 1998 when he came back to prepare for the mayoralty elections of Oras by securing a Community Tax Certificate in that year and by constantly declaring to his townmates of his intention to seek repatriation and run for mayor in the May 14, 2001 elections. Evidence

domicile of origin is acquired by every person at birth. It is usually the place where the childs parents reside and continues until the same is

abandoned by acquisition of new domicile (domicile of choice).

Petitioner lost his domicile of origin in Oras by becoming a U.S. citizen after enlisting in the U.S. Navy in 1965. From then on and until November 10, 2000, when he reacquired Philippine citizenship, petitioner was an alien without any right to reside in the Philippines save as our immigration laws may have allowed him to stay as a visitor or as a resident alien.

shows that when petitioner entered the country in 1998, he did so as a visa-free balikbayan visitor whose stay as such was valid for one year only. Hence, petitioner can be held to have waived his status as an alien and as a non-resident only on November 10, 2000 upon taking his oath as a citizen of the Philippines under R.A. No. 8171. He lacked the

requisite residency to qualify him for the mayorship of Oras, Eastern, Samar. Case of Mayor Jesse

of Bolinao in violation of Sec. 68 of the Omnibus Election Code. In his "Application for Immigrant Visa and Alien Registration" in 1984, Miguel's answer to Question No. 21 therein regarding his "Length of intended stay (if permanently, so

Robredo CA case B. Disqualifications Sec 40, LGC See above Caasi v. CA Merito Miguel was elected as the municipal mayor of Bolinao,

state),"

Miguel's

answer

was,

"Permanently." The green card that was subsequently issued identified him in clear bold letters as a RESIDENT ALIEN. On the back of the card, the upper portion, the following information is printed:

Pangasinan in the local elections of January 18, 1988. Caasi filed a disqualification case against Miguel on the ground that he is a green card holder - hence, a permanent resident of the United States of America, not

Person identified by this card is entitled to reside permanently and work in the United States. HELD: Miguel is disqualified under Sec. 68 of the Omnibus Election

Code on the ground that he is a green card holder. An immigrant is a person who moves into a country for the purpose of permanent residence. Miguel's

resident of or an immigrant to a foreign country shall not be qualified to run for any elective office unless said person has waived his status as permanent resident or immigrant of a foreign country in accordance with the residence requirement provided for in the election laws. To be "qualified to run for elective office" in the Philippines, the law requires that the candidate who is a green card holder must have "waived his status as a permanent resident or immigrant of a foreign country." Miguels act of filing a certificate of candidacy for elective office in the Philippines did not of itself constitute a waiver of his status as a permanent resident or immigrant of the United States. The waiver of his green card

immigration to the United States in 1984 constituted an abandonment of his domicile and residence in the Philippines. He entered the United States with the intention to live there permanently as evidenced by his application for an immigrant's (not a visitor's or tourist's) visa. As a resident alien in the U.S., Miguel owes temporary and local allegiance to the U.S., the country in which he resides. Section 68 of the Omnibus Election Code of the Philippines provides that any person who is a permanent

should be manifested by some act or acts independent of and done prior to filing his candidacy for elective office in this country. Without such prior waiver, he was disqualified to run for any elective office. The records of this case are starkly bare of proof that he had waived his status as such before he ran mayor for of election Bolinao as on

permanent resident of the United States and he resided in Bolinao for a period of only three (3) months (not one year) after his return to the Philippines in November 1987 and before he ran for mayor of that municipality on January 18, 1988. The Court therefore holds that he was disqualified to become a

municipal

candidate for that office. Marquez v. Comelec

January 18, 1988. In addition, residence in the

At

the

time

private

respondent filed his

municipality where he intends to run for elective office for at least one (1) year at the time of filing his certificate of candidacy, is one of the

Eduardo

Rodriguez

certificate of candidacy for Governor of Quezon, a criminal charge against him for ten (10) counts of insurance fraud or grand theft of personal property was still pending before the Municipal Court of Los Angeles Judicial District, County of Los

qualifications that a candidate for elective public office must possess. Miguel did not possess he that a

qualification

because

was

Angeles, State of California, U.S.A. A warrant issued by said court for his arrest, it is claimed, has yet to be served on private respondent on account of his alleged "flight" from that country. Private respondent was proclaimed Governor-elect of Quezon on 29 May 1992. Petitioner Bienvenido Marquez, the defeated candidate for the elective position of Governor in the Province of Quezon in the 11th May 1992 elections, argues that Rodriguez is disqualified from being a candidate by virtue Section 40(e) of the Local Government Code which states that a fugitive from justice in criminal or non-political cases here or abroad is disqualified from running for any elective local position.

Rodriguez argues that that term fugitive from justice is limited to one who has been convicted by final judgment. His basis is Article 73(b) of the Rules and Regulations

Implementing the Local Government Code of 1991. It states that fugitive from justice refers to a person who has been convicted by final judgment." The issue in this case is the meaning of fugitive from justice. Note: the issue of WON Rodriguez is disqualified for being a fugitive from justice was decided by the Court in the succeeding case of Rodriguez v. COMELEC. HELD: The law needs no further interpretation and construction.

Section 40(e) of Republic Act No. 7160 is clear and it disqualifies

"fugitives from justice in criminal or non-political cases here or abroad" from seeking any elective local office. The phrase "fugitive from justice" includes not only those who flee after conviction to avoid punishment but likewise those who, after being

of the law. Rodriguez v. Comelec (See Marquez v. COMELEC for background. The Marquez

decision was promulgated for the 1992 elections. This case involves the 1995 elections) In the May 8, 1995 election,

charged, flee to avoid prosecution. This definition truly finds support from jurisprudence and it may be so conceded as expressing the general and ordinary connotation of the term. Article 73 of the Rules and

Rodriguez and Marquez renewed their rivalry for the same position of governor. This time, Marquez

challenged Rodriguez' candidacy via petition for disqualification before the COMELEC, based principally on the same allegation that Rodriguez is a "fugitive from justice." The COMELEC, allegedly having kept in mind the Marquez Decision definition of "fugitive from justice",

Regulations Implementing the Local Government Code of 1991, to the extent that it confines the term "fugitive from justice" to refer only to a person (the fugitive) "who has been convicted by final judgment," is an inordinate and undue circumscription

found Rodriguez to be one.

Such

of the filing of the criminal complaint, and his disappearance in the place where the long arm of the law, thru the warrant of arrest, may reach him is predicated on a clear desire to avoid and evade the warrant. HELD: Rodriguez is NOT a fugitive from justice.

finding was essentially based on Marquez' documentary evidence

consisting of an authenticated copy of the November 12, 1995 warrant of arrest issued by the Los Angeles Municipal Court against Rodriguez, and an authenticated copy of the felony complaint. Rodriguezs defense is that long before the felony complaint was allegedly filed, respondent was

To reiterate, a "fugitive from justice" includes not only those who flee after conviction to avoid punishment but likewise who, after being charged, flee to avoid prosecution (from

already in the Philippines and he did not know of the filing of the same nor was he aware that he was being proceeded against criminally. In a

Marquez Decision). The definition thus indicates that the intent to evade is the compelling factor that animates one's flight from a particular

sense, thru this defense, respondent implicitly contends that he cannot be deemed a fugitive from justice,

jurisdiction. And obviously, there can only be an or intent to evade when

because to be so, one must be aware

prosecution

punishment

there is knowledge by the fleeing subject of an or already of instituted

deliberately running away from with his departure from the US? The very essence of being a "fugitive from justice" under the MARQUEZ

indictment,

a promulgated

judgment of conviction. Rodriguez' case just cannot fit in this concept. He arrived in the

Decision definition, is just nowhere to be found in the circumstances of Rodriguez. The evidence of petitioner Rodriguez sufficiently proves that his compulsion to return to the

Philippines from the US on June 25, 1985 while the felony complaint in the Los Angeles Court was filed and the warrant of arrest was issued only on November 12, 1985, almost five (5) months after. It was clearly

Philippines was due to his desire to join and participate vigorously in the political campaigns against former President Ferdinand E. Marcos and not to evade any charge against him in the US. When, in good faith, a person leaves the territory of a state not his own, homeward bound, and learns

impossible for Rodriguez to have known about such felony complaint and arrest warrant at the time he left the US, as there was in fact no complaint and arrest warrant much less conviction to speak of yet at such time. punishment What prosecution or then was Rodriguez

subsequently of charges filed against him while in the relative peace and

service of his own country, the fact that he does not subject himself to the jurisdiction of the former state does not qualify him outright as a fugitive from justice. Dela Torre v. Comelec De La Torre was disqualified by COMELEC from running for the position of Mayor of Cavinti, Laguna in the May 8, 1995 elections citing as the ground therefor, Section 40(a) of the Local Government Code which provides that those sentenced by final judgment for an offense

was

found guilty (his conviction

became final on January 18, 1991) for violation of P.D. 1612, otherwise known as the Anti-fencing Law. De La Torre, however, argues that the crime of fencing does not involve moral turpitude and that Section 40 (a) of the Local Government Code does not apply to his case inasmuch as the probation granted him by the MTC on December 21, 1994 which suspended the execution of the judgment of conviction and all other legal therefrom, consequences rendered flowing inapplicable

involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment within two (2) years after serving sentence are disqualified from running for any elective local position. De La Torre

Section 40 (a) as well. HELD: The crime of fencing involves moral turpitude. Blacks Law

Dictionary of moral turpitude as an act of baseness, vileness, or

depravity in the private duties which a man owes his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and woman or conduct contrary to justice,

deals in any article, item, object or anything of

value, which have been derived proceeds crime; 7. The accused knows or should have known that the said or article, item, of from of the the said

honesty, modesty, or good morals. The elements of the crime of fencing, as defined under P.D. 1612, are: 5. A crime of robbery or theft has been committed; 6. The accused who is not a principal or accomplice in the crime of robbery or theft, buys, receives, keeps,

object

anything

value has been derived from the proceeds of the crime of robbery or theft; and 8. There is, on the part of the accused, intent to gain for himself or for another.

possesses,

acquires, conceals, sells or disposes, or buys and sells, or in any manner

Moral turpitude is deducible from the third element. Actual knowledge by the fence of the fact that property received is stolen displays the same degree of malicious deprivation of ones rightful property as that which animated the robbery or theft which, by their very nature, are crimes of moral turpitude. And although the

rule

of

right

and

duty,

justice,

honesty, or good morals The same underlying reason holds even if the fence did not have actual knowledge, but merely should have known the origin of the property received. The words should know denote the fact that a person of reasonable prudence and intelligence would ascertain the fact in the performance of his duty to another or would govern his conduct upon

participation of each felon in the unlawful taking differs in point in time and in degree, both the fence and the actual or perpetrator/s theft invaded of the ones

assumption that such fact exists. As to WON a grant of probation affects Sec. 40(a)s applicability, the legal effect of probation is only to suspend the execution of the

robbery

peaceful dominion for gain - thus deliberately reneging in the process private duties they owe their

fellowmen or society in a manner contrary to accepted and customary

sentence. Petitioners conviction of fencing subsists and remains totally unaffected notwithstanding the grant

of probation. In fact, a judgment of conviction in a criminal case ipso facto attains finality for when the

WON the crime of direct bribery did not involve moral turpitude and WON that Local Government Code, (citing Section 40 ) and not the Omnibus Election Code that should apply in this situation. HELD: Direct bribery is a crime involving moral turpitude.

accused

applies

probation,

although it is not executory pending resolution probation. Magno v. Comelec A petition was filed by Montes for the disqualification of petitioner Nestor Magno as mayoralty candidate (in the 2001 election) on the ground that petitioner was previously convicted of direct bribery of which he was discharged after application for of the application for

The fact that the offender agrees to accept a promise or gift and

deliberately commits an unjust act or refrains from performing an official duty in exchange for some favors, denotes a malicious intent on the part of the offender to renege on the duties which he owes his fellowmen and society in general. Also, the fact that the offender takes advantage of his office and position is a betrayal of the trust reposed on him by the

parole on March 5, 1998. COMELEC granted the petition of MONTES and declared MAGNO disqualified citing Section 12 of the Omnibus Election Code.

public. It is a conduct clearly contrary to the accepted rules of right and duty, justice, honesty and good

Section 40 of RA 7160 is deemed to have repealed Section 12 of BP 881. Section 40 of RA 7160, insofar as it governs candidates the for disqualifications local of

morals. The Local Government Code and not the Omnibus Election Code that applies in this situation. Article 12 of the Omnibus Election Code must yield to Article 40 of the Local Government Code. The Omnibus Election Code was approved on December 3, 1985 while the Local Government Code took effect on January 1, 1992. In case of irreconcilable conflict between two laws, prevail, the later enactment the more must recent

positions,

assumes the nature of a special law which ought to prevail. The court Citied David vs. COMELEC: RA 7160 is a codified set applies of laws to that local

specifically

government units. Section 40 thereof specially and definitively provides for disqualifications of candidates for elective local positions. It is

applicable to them only. On the other hand, Section 12 of BP 881 speaks of disqualifications of candidates for any public office. The resolution of the COMELEC declaring Magno disqualified from the

being

expression of legislative will. Legis posteriores priores contrarias

abrogant. In accordance therewith,

2001 mayoral elections is hereby reversed and set aside. Lingating v. Comelec Lingating filed a petition for

2001 elections, Sulong was voted for and proclaimed mayor. COMELEC (First Division) then

declared Sulong disqualified citing Section 40(b) of the LGC THEN the COMELEC en banc reversed the resolution of its First Division,

disqualification (May alleging 2001

against mayoral

SULONG candidate) was

that

Sulong

administratively charged, found guilty (by a Sangguniang Panlalawigan February 4, 1992 decision) and ordered removed from office. Sulong denied that the decision had become final and executory since he filed a motion for reconsideration and/or notice of appeal thereof on February 18, 1992. He also denied having been removed from office. Because COMELEC was unable to render judgment before the May

dismissing the petition for lack of merit. The COMELEC en banc found that after having been found guilty by the Sangguniang Panlalawigan,

Sulong was re-elected mayor of Lapuyan Zamboanga del Sur in May 1992 & 1995 elections. Applying Aguinaldo vs. Santos ruling that reelection renders an administrative case moot and academic the

COMELEC en banc held that the reelection of Sulong in the 1992 and 1995 elections would be tantamount

to a condonation of the Sangguniang Panlalawigan decision finding him guilty of dishonesty, malversation of public funds etc. Lingating, Certiorari, in this Petition that for the

Reyes vs. Commission on Elections cannot be applied to this case because the 1992 decision of the Sangguniang Panlalawigan has not until now become final. The filing of his motion for the reconsideration decision of from

contends

COMELEC en banc erred in applying the ruling in Aguinaldo v.

prevented Sangguniang

Panlalawigan

Commission on Elections. He cites Reyes v. Commission on Elections which held that an elective local executive officer, who is removed before the expiration of the term for which he was elected, is disqualified from being a candidate for a local elective position under Sec. 40(b) of the LGC. HELD: Sulong is not disqualified from holding the position of mayor of Lapuyan.

becoming final. While R.A. No. 7160 on disciplinary actions is silent on the filing of a motion for reconsideration, the same cannot be interpreted as a prohibition against the filing of a motion for reconsideration. Indeed, considering Sangguniang the failure of the to

Panlalawigan

resolve respondents motion, it is unfair to the electorate to be told after they have voted for respondent

Sulong that after all he is disqualified.

There being no prohibition against a motion for reconsideration there can thus also be no decision finding respondent guilty to speak of. Petition for certiorari is DISMISSED; Resolution of the COMELEC en banc is AFFIRMED Flores v. Drilon The constitutionality of Sec. 13, par. (d) , of R.A. 7227, otherwise known as the "Bases Conversion and

Petitioners, maintain that the proviso in par. (d) of Sec. 13 infringes on Sec. 7, first par., Art. IX-B, of the Constitution, which states that "no elective official shall be eligible for appointment or designation in any capacity to any public officer or position during his tenure, because the City Mayor of Olongapo City is an elective official and the subject posts are public offices; HELD: Gordon is ineligible for

Development Act of 1992," under which respondent Mayor Richard J. Gordon appointed of Olongapo Chairman City and was Chief

appointment as SBMA Chairman in light of the fact that he is the elective mayor of Olongapo. The proviso in Sec. 13 (d) of R.A. 7227 violates the constitutional

Executive Officer of the Subic Bay Metropolitan Authority (SBMA), is challenged in this petition.

proscription against appointment or designation of elective officials to other government posts.

Sec. 7 of Art. IX-B of the Constitution expresses the policy against the concentration of several public

It is argued that Sec. 94 of the Local Government Code (LGC) permits the appointment of a local elective official to another post if so allowed by law or by the primary functions of his office. But, the contention is

positions in one person, so that a public officer or employee may serve full-time with dedication and thus be efficient in the delivery of public services. It is an affirmation that a public office is a full-time job. Since this is precisely what the

fallacious. Section 94 of the LGC is not determinative of the

constitutionality of Sec. 13, par. (d), of R.A. 7227, for no legislative act can prevail over the fundamental law of the land. In any case, the view that an elective official may be appointed to another post if allowed by law or by the primary functions of his office ignores the clear-cut difference in the wording of the two (2) paragraphs of Sec. 7 Art. IX-B of the Constitution. While the second paragraph authorizes

constitutional proscription seeks to prevent, it needs no stretching of the imagination to conclude that the proviso contravenes Sec. 7, first par., Art. IX-B of the Constitution. The fact that the expertise of an elective official may be most beneficial to the higher interest of the body politic is of no moment.

holding of multiple offices by an appointive official when allowed by law or by the primary functions of his position, the first paragraph appears to be more stringent by not providing any exception to the rule against appointment or designation of an elective official to the government post, except as are particularly

cannot

be

extended

to

elective

officials who are governed by the first paragraph. The phrase "shall be appointed" in the proviso

unquestionably shows the intent to make the SBMA posts appointive and not merely adjunct to the post of Mayor of Olongapo City. Had it been the legislative intent to make the subject positions ex officio, Congress would have, at least, avoided the word "appointed" and, instead, "ex officio" would have been used.

recognized in the Constitution itself, e.g., the President as head of the economic and planning agency; the Vice-President, who may be

appointed Member of the Cabinet; and, a member of Congress who may be designated ex officio member of the Judicial and Bar Council. The distinction being to clear, the

Therefore, as an incumbent elective official, respondent Gordon is

ineligible for appointment to the position of Chairman of the Board and Chief Executive of SBMA.

exemption

allowed

appointive

officials in the second paragraph

C. Election involving

cases Local

affirmed the decision of its First Division. The COMELEC held that the 15 ballots in the same precinct containing the initial C after the name Galido were marked ballots

Elective Officials Galido v. Comelec Petitioner Galido and private

and, therefore, invalid. Undaunted, petitioner filed the

respondent Galeon were candidates during the for January mayor 1988 of local

elections

Garcia-

present petition for certiorari and injunction before SC and succeeded in getting a temporary restraining order. In his comment to the petition, private dismissal, respondent citing moved IX for (C),

Hernandez, Bohol. Petitioner was proclaimed duly-elected Mayor.

Private respondent filed an election protest before the RTC which upheld the proclamation of petitioner. Private respondent appealed RTC decision to the COMELEC. Its First Division reversed the RTC decision and declared private respondent the dulyelected mayor. After the COMELEC en banc denied for the petitioners and

Article

Section 2(2), paragraph 2 of the 1987 Constitution, that Final decisions, orders or rulings of the COMELEC in election contests involving elective municipal offices are final and

executory, and not appealable.

motion

reconsideration

HELD: That decisions, final orders or rulings of the COMELEC in contests involving elective municipal and

exercise of its quasi-judicial powers) within the bounds of its jurisdiction or to prevent it from committing a grave abuse of discretion amounting to lack or excess of jurisdiction.

barangay offices are final, executory and not appealable, does not

preclude a recourse to this Court by way of a special civil action of certiorari under Rule 65. Article IX (A), Section 7, 1987 Constitution: Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each

Nevertheless, SC found no GAD in COMELECs part. Rivera v. Comelec Petitioner Juan Garcia Rivera and private respondent Juan Mitre Garcia II were candidates for the position of Mayor of Guinobatan, Albay, during the local elections in January 1988. The Municipal Board of Canvassers proclaimed Rivera as Mayor by a majority of ten votes. Garcia filed an election protest with the RTC,

(Constitutional) Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thereof. The function of a writ of certiorari is to keep an inferior court or tribunal (such as the COMELEC in the thirty days from receipt

Legazpi City which found Garcia to have obtained 6,376 votes as against Rivera's 6,222. Rivera appealed to

the COMELEC which affirmed the RTC decision. Garcia commenced to discharge the duties and functions of Mayor of Guinobatan on 10 October 1990, by virtue of a writ of execution implementing decision of 6 the COMELEC 1990.

in Garcia's favor. We have closely scrutinized the challenged

COMELEC decision and find that the said decision was not arrived at capriciously respondent painstaking or whimsically COMELEC. re-evaluation of by A the

September

Rivera filed this petition for certiorari. HELD: The main thrust of the

questioned 67 ballots was made by the COMELEC en banc. Moreover, the appreciation and re-evaluation of ballots are factual determinations. It is settled that in a petition for certiorari, findings of fact of

present petition for certiorari is that the respondent COMELEC en banc committed grave abuse of discretion when it affirmed the decision of its First Division, promulgated on 2 May 1990, annulling the proclamation of the petitioner as the duly elected Mayor of Guinobatan, Albay and when it did not exclude from the total votes of Garcia at least ten (10) votes which were allegedly misappreciated

administrative bodies are final unless grave abuse of discretion has marred such factual determinations. D. Term of Office: 3Term Limit Rule Sec 8, Art X, Constitution

Section 8, Art. X, Constitution: The term of office of elective local

provided for by law, except that of elective barangay officials: Provided, That all local officials first elected during the local elections immediately following the ratification of the 1987 Constitution shall serve until noon of June 30, 1992. (b) No local elective official shall serve for more terms than in three the (3)

officials, except barangay officials, which shall be determined by law, shall be three years and no such official shall serve for more than three consecutive terms. Voluntary

renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. Sec 43, LGC Section 43. Term of Office. (a) The term of office of all local elective officials elected after the effectivity of this Code shall be three (3) years, starting from noon of June 30, 1992 or such date as may be

consecutive

same

position. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official concerned was elected. (c) The term of office of barangay officials and members of the

sangguniang kabataan shall be for three (3) years, which shall begin

after the regular election of barangay officials on the second Monday of May 1994. Rivera v. Comelec In the May and 2004 Synchronized Elections,

admitted that he was elected mayor of Mabalacat for the term

commencing July 1, 1995 to June 30, 1998 (first term) and July 1, 2001 to June 30, 2004 (third term), but he served the second term from July 1, 1998 to June 30, 2001 only as a "caretaker of the office" or as a "de facto officer" since his proclamation as mayor was declared void by the Regional Trial Court (RTC) HELD: For the three-term limit for elective local government officials to apply, two conditions or requisites must concur, to wit: (1) that the official concerned has been elected for three (3) consecutive terms in the same local government post, and (2) that he has fully served three (3) consecutive terms.

National

Local

respondent Marino "Boking" Morales ran as candidate for mayor of

Mabalacat, Pampanga for the term commencing July 1, 2004 to June 30, 2007. Petitioners,filed a petition with to the

COMELEC

cancel

respondent Morales Certificate of Candidacy on the ground that he was elected and had served three

previous consecutive terms as mayor of Mabalacat. They alleged that his candidacy violated Section 8, Article X of the Constitution and Section 43 (b) of RA 7160. respondent Morales

Respondent Morales was elected for the term July 1, 1998 to June 30, 2001. He assumed the position. He served as mayor until June 30, 2001. He was mayor for the entire period notwithstanding the Decision of the RTC in the electoral protest case filed by petitioner Dee ousting him

as a result of consecutive terms. Therefore, having found respondent Morales ineligible, his Certificate of Candidacy dated December 30, 2003 should be cancelled. Not being a candidate, the votes cast for him SHOULD NOT BE COUNTED and must be considered stray votes. Montebon v. Comelec Petitioners Montebon and Ondy and respondent Potencioso, Jr. were

(respondent) as mayor. Respondent Morales is now serving his fourth term. He has been mayor of

Mabalacat continuously without any break since July 1, 1995. In just over a month, by June 30, 2007, he will have been mayor of Mabalacat for twelve (12) continuous years. The framers of the Constitution, by

candidates for municipal councilor of the Municipality of Tuburan, Cebu for the May 14, 2007 Synchronized National and Local Elections. On

April 30, 2007, petitioners and other candidates for municipal councilor filed a petition for disqualification against respondent with the

including this exception, wanted to establish some safeguards against the excessive accumulation of power

COMELEC alleging that respondent

had been elected and served three consecutive terms as municipal

the issue lies on whether he is deemed to have fully served his second term in view of his

councilor in 1998-2001, 2001-2004, and 2004-2007. Thus, he is

assumption of office as vice-mayor of Tuburan on January in by local 12, 2004.

proscribed from running for the same position in the 2007 elections as it would be his fourth consecutive term. Respondent claimed that the service of his second term in 2001-2004 was interrupted on January 12, 2004 when he succeeded as vice mayor of Tuburan due to the retirement of Vice Mayor Petronilo L. Mendoza.

Succession offices is

government of law.

operation

Section 44 of Republic Act No. 7160, provides that if a permanent vacancy occurs in the office of the vice mayor, the highest ranking sanggunian

member shall become vice mayor. In this case, a permanent vacancy occurred in the office of the vice mayor due to the retirement of Vice Mayor Mendoza. Respondent, being the highest ranking municipal him in

Consequently, he is not disqualified from vying for the in position the of

municipal elections

councilor

2007

HELD: While it is undisputed that respondent was elected municipal councilor for three consecutive terms,

councilor,

succeeded

accordance with law.

It is clear

therefore that his assumption of office

as vice-mayor can in no way be considered a voluntary renunciation of his office as municipal councilor. Thus, it is an involuntary severance from his office as municipal councilor, resulting in an interruption in the service of his 2001-2004 term. Borja v. Comelec Private respondent Jose T. Capco, Jr. was elected vice-mayor of Pateros on January 18, 1988 for a term ending June 30, 1992. On

ending June 30, 1998. Capco filed a certificate of candidacy for mayor of Pateros relative to the May 11, 1998 elections. Petitioner Borja, Jr., also a candidate for mayor, sought Capcos disqualification on the theory that the latter would have already served as mayor for three consecutive terms by June 30, 1998 and would therefore be ineligible to serve for another term after that. The COMELEC en banc declared Capco eligible to run as he was not elected to the position of Mayor in the 1988 election, but succeeded by operation of law.

September 2, 1989, he became mayor, by operation of law, upon the death of the incumbent, Cesar Borja. On May 11, 1992, he ran and was elected mayor for a term of three years which ended on June 30, 1995. On May 8, 1995, he was reelected mayor for another term of three years

Thus, it is not counted as 1 term for the computation of the 3 term

limitation. HELD: A textual analysis supports the ruling of the COMELEC that Art.

X, 8 contemplates service by local officials for three consecutive terms as a result of election. The first

circumvention of the limitation on the number of terms an elective official may serve. Conversely, if he is not serving a term for which he was elected because he is simply

sentence speaks of the term of office of elective local officials and bars such official[s] from serving for more than three consecutive terms. The second sentence, in explaining when an elective local official may be deemed to have served his full term of office, states that voluntary

continuing the service of the official he succeeds, such official cannot be considered to have fully served the term now withstanding his voluntary renunciation of office prior to its expiration. To recapitulate, the term limit for elective local officials must be taken to refer to the right to be elected as well as the right to serve in the same elective position. Consequently, it is not enough that an individual has served three consecutive terms in an elective local office, he must also have been elected to the same

renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. The term served must therefore be one for which [the official concerned] was elected. provision is The purpose of this to prevent a

position for the same number of times before the disqualification can apply. Adormeo v. Comelec Mayor Adormeo was elected in two consecutive elections and served out the full terms. The third time he ran, he lost. However during the term of the winning candidate, there was a recall election, which Adormeo won. He served the unexpired term.

enough that an individual has served three consecutive terms in an

elective local office, he must also have been elected to the same position for the same number of times before the disqualification can apply. COMELECs ruling that private respondent was not elected for three (3) consecutive terms should be upheld. For nearly two years he was a private citizen. The continuity of his mayorship was disrupted by his defeat in the 1998 elections. The time between his second term and the recall election is sufficient

Adormeo wants to run again in the next immediately succeeding

elections. HELD: The term limit for elective local officials must be taken to refer to the right to be elected as well as the right to serve in the same elective position. Consequently, it is not

interruption. Thus, there was no three consecutive terms as contemplated in the disqualifications in the LGC. Socrates v. Comelec

A recall was initiated for the position of Victorino Dennis M. Socrates who assumed office as Puerto Princesas mayor on June 30, 2001. Edward M. Hagedorn (Hagedorn for brevity) filed his certificate of candidacy for mayor in the recall election. A petition was filed to disqualify Hagedorn from running in the recall election and to cancel his certificate of candidacy on the ground that he is disqualified from running for a fourth consecutive term, having been elected and having served as mayor of the city for three (3) consecutive full terms

local official cannot serve for more than three consecutive terms. The

clear intent is that only consecutive terms count in determining the threeterm limit rule. The second part

states that voluntary renunciation of office for any length of time does not interrupt the continuity of service. The clear intent is that involuntary severance from office for any length of time interrupts continuity of service and prevents the service before and after the interruption from being joined together to form a continuous service or consecutive terms After

immediately prior to the instant recall election for the same post. HELD: These constitutional and

three consecutive terms, an elective official cannot immediate re-election for a fourth term, The prohibited election refers to the next regular election for a fourth term. The

statutory provisions have two parts. The first part provides that an elective

prohibited election refers to the next regular election for the same office following the same office following the third consecutive term. Any subsequent election, like a recall election, is no longer covered by the prohibition for two reasons: 1. A subsequent election like a recall election, is no longer an immediate reelection

respondent Leonardo B. Romans election as governor of Bataan on May 14, 2001 as null and void for allegedly being contrary to Art. X, 8 of the Constitution. HELD: The Constitution does not

prohibit elective local officials from serving for more than three

consecutive terms because, in fact, it excludes from the three-term limit interruptions in the continuity of service, so long as such interruptions are not due to the voluntary

after the three consecutive terms. 2. The intervening an period

renunciation of the office by an incumbent. Hence, the period from June 28, 1994 to June 30, 1995, during which respondent Leonardo B. Roman served as governor of Bataan by virtue of a recall election held in 1993, should not be counted. Since

constitutes

involuntary

interruption in the continuity of service. Mendoza v. Comelec Petitioners Melanio L. Mendoza and Mario E. Ibarra seek to declare

on May 14, 2001 respondent had previously served as governor of Bataan for only two consecutive terms (1995-1998 and 1998-2001), his election on that day was actually only his third term for the same position. A recall term should not be

Osmena v. Comelec Petition assailing the constitutionality of R.A. 7056, which desynchronized the national and local elections. This, in effect, shortened the terms of local officials to be elected on November 1992. WON R.A. 7056 is unconstitutional. Held: Yes.

considered as one full term, because a contrary interpretation would in effect cut short the elected officials service to less than nine years and shortchange his constituents. desire to prevent monopoly The of R.A. 7056 contravenes Article XVIII, Sections 2 and 5 of the 1987 Constitution which provides for the synchronization of national and local elections. The said law, on the other hand, provides of for the election deby

political power should be balanced against the need to uphold the voters obvious preference who, in the

synchronization

present case, is Roman who received 97 percent of the votes cast. E. Tenure of Office

mandating that there be two separate elections in 1992. The term

synchronization in the mentioned

constitutional provision was used synonymously as the phrase holding simultaneously since this is the

competent extend the

for

the

legislature of officers

to by

term

providing that they shall hold over until their successors are elected and qualified where the constitution has in effect or by clear implication

precise intent in terminating their Office Tenure on the same day or occasion. This common termination date will synchronize future elections to once every three years. R.A. 7056 also violated Sec. 2, Art. XVIII of the 1987 Constitution which provides that the local official first elected under the Constitution shall serve until noon of June 30, 1992. But under Sec. 3 of RA 7056, these incumbent local officials shall hold over beyond June 30, 1992 and shall serve until their successors shall have been duly elected and qualified. The Supreme Court, quoting Corpus Juris Secundum, states that it is not

prescribed the term and when the Constitution fixes the day on which the official term shall begin, there is no legislative authority to continue the office beyond that period, even though the successors fail to qualify within the time. R.A. 7056 also violated the clear mandate of Sec. 8, Art. X of 1987 Constitution which fixed the term of office of all elective local officials, except barangay officials, to three (3) years. If the local election will be held on the second Monday of November

1992 under RA 7056, those to be elected will be serving for only two years and seven months, that is, from November 30, 1992 to June 30, 1995, not three years. F. Vacancies Succession Sec 44 47, LGC See above Jainal v. Comelec Mayor Salip Aloy Jainal and Julhatab J. Talib were candidates for Mayor of Indanan, Sulu Jainal was and

precincts before the counting and the preparation of the election returns. Furthermore, the election returns for these precincts did not bear the signatures of the members of the Board of Election, and the number of votes cast exceeded the number of voters. The COMELEC then issued a Resolution annulling the proclamation and ordering a recount. The

COMELEC issued an Order directing the Vice-Mayor or any councilor to cease and desist from assuming the position of Acting Mayor. Said Order was issued during the pendency of the present petition and after Ahajan had already taken his oath and assumed office as Acting Mayor pursuant to resolutions issued by the COMELEC.

proclaimed the winning candidate. Talib filed a pre-proclamation case with the COMELEC, praying for the annulment of certain election returns. Talib claimed that his official

watchers were asked to leave the

WON the COMELEC Order is valid. Held: With the nullification the of No. Jainals of

removed

from

office,

voluntarily

resigns, or is otherwise permanently incapacitated to discharge the

proclamation,

position

functions of his office. Ranking in the sanggunian 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 local

Municipal Mayor of Indanan, Sulu became vacant. Sec. 44 of R.A. No. 7160 and Art. 83, Rule XIV of the Implementing Rules of the LGC then apply the highest ranking

sanggunian member shall become mayor, a tie between or among the highest ranking sanggunian members shall be resolved by the drawing of lots, and the successor shall serve only the unexpired terms of their predecessors. A permanent vacancy arises when an elective local official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is

election. The vacancy created by the

nullification of Jainals proclamation is in the nature of a permanent vacancy and may be qualified as a

"permanent incapacity to discharge the functions of his office. However, Ahajans assumption of the office of Mayor should be understood as subject to the result of the recount to

be conducted in accordance with the issuances of the COMELEC. Labo v. Comelec (supra) Ramon Labo, Jr. was disqualified as Mayor of Baguio with City the for non-

of votes, he was obviously not the choice of the people. It would be extremely repugnant to the basic concept of the constitutionally

guaranteed right to suffrage if a candidate who has not acquired the majority or plurality of votes is proclaimed a winner and imposed as a representative of the constituency, the majority of which have positively declared through their ballots that

compliance

citizenship

requirement of the Constitution. WON the person with the second highest number of votes cast may assume the position of Mayor. Held: No.

they do not choose him. Menzon v. Petilla As no Governor had been proclaimed in the province of of Leyte, the

The candidate who obtained the second highest number of votes cannot occupy the office that was vacant as a result of the

Secretary

Local

Government

disqualification of the candidate who obtained the highest number of

designated Vice-Governor Leopoldo Petilla as Acting Governor and

votes. The simple reason is that, obtaining the second highest number

Aurelio Menzon, a senior member of the Sangguniang Panlalawigan as

Vice-Governor. Menzon took his oath of office before Sen. Alberto Romulo. However, in Resolution No. 505 of the Sangguniang Panlalawigan,

(2) Under CA No. 558 and the Revised Administrative Code of

1987, the President is empowered to make temporary appointments in certain public offices in case of any vacancies that may occur.

Menzons appointment was held to be invalid. In the meantime, Adelina Larrazabal was proclaimed Governor. WON (1) there is a vacancy, (2) the Secretary of Local Government had the authority to designate, and (3) the designation of Menzon is valid. Held: Yes.

Considering the silence of the LGC as regards the filling up of vacancies in the position of Governor, the Court rules that, in order to obviate the dilemma resulting from an

interregnum, the President, acting through her alter ego, the Secretary of Local Government, may remedy the situation. The Secretary had of the

(1) There is a vacancy when there is no person lawfully authorized to assume and exercise at present the duties of the office. The office of Vice-Governor was left vacant when Petilla was appointed as Governor.

Government

therefore

authority to designate Menzon as Acting Vice-Governor. (3) The mode of succession provided for in permanent vacancies may

likewise be observed in case of a temporary vacancy. Menzons

Luis Capito, elected as a member of the SPES, died in office. Agustin Docena was appointed by the

appointment is in full accord with the intent of the LGC the contingency of having vacancies in office cannot be set aside. In a republican form of government, the majority rules

Secretary of Local Government to replace him. Docena took his oath of office before Speaker Ramon Mitra of the House of Representatives and thereafter assumed office. Socrates Alar was subsequently appointed by the Secretary of Local Government to the position already occupied by Docena. In a First Indorsement

through a chosen few, and if one of them is incapacitated or absent, the management of governmental affairs will be hampered. The right to be paid the salary attached to the Office of the ViceGovernor is indubitable Menzon is a de facto officer entitled to

signed by the Department of Local Government, Alars appointment was recalled on the basis of the earlier appointment of Docena. The SPES then passed Resolution No. 1,

compensation. Docena v. Sangguniang of Eastern

reiterating the recognition of Alar. WON Docenas appointment was permanent.

Panlalawigan Samar

Held:

Yes.

was intended to be permanent and as such was valid for the unexpired portion of the term of the deceased SPES member. Docena had already acquired security of tenure in the position and could only be removed therefrom conformably for to the causes and

The appointment, having been issued by the Secretary and of accepted Local by

Government Docena, had

already

become

complete and enforceable for all legal intents and purposes at the time it was supposed to have been

the

procedure

superseded by the appointment in favor of Alar. Docenas appointment

prescribed by the LGC.

APPOINTIVE LOCAL OFFICIALS COMMON PROVINCES Sec 469 490, LGC Position Necessity

TO ALL

MUNICIPALITIES , CITIES

AND

Qualifications

Duties

1. Secretary mandatory to the position

Qualifications a. Citizen of

a. Attend meetings of the the sanggunian and

Sanggunian

Philippines

keep a journal of its

b. Resident of the proceedings; LGU concerned c. Of good b. Keep the seal of the moral LGU and affix the same with his signature to all of a ordinances, resolutions,

character d. A holder

college preferably in

degree and other official acts of law, the sanggunian and

commerce or public present the same to the administration from a presiding officer for his recognized college or signature; university, and c. Forward to the

e. A first grade civil governor or mayor for service eligible or its approval, equivalent. 469[b]) copies of

(Sec ordinances enacted by the sanggunian and duly certified by the presiding officer;

d.

Forward

to

the

sanggunian panlungsod or bayan or the

sangguniang panlungsod component sangguniang cities of or

bayan,

copies of duly approved ordinances; e. Furnish of certified of

copies

records

public character in his custody; f. Record in a book kept for the purpose, all and

ordinances

resolutions enacted or adopted sanggunian, by with the the

dates of passage and

publication thereof; g. Keep his office and all non-confidential records therein open to the

public during the usual business hours; h. Translate used of into by the the the all and

dialect majority

inhabitants ordinances

resolutions immediately after their approval, and cause the publication of the same; i. Take custody of the local where archives applicable, and, the

local library and annually account for the same;

and j. Exercise such other powers and perform

such other duties and functions as may be prescribed by law or ordinance relative to his 2. Treasurer mandatory position a. Citizen of position. (Sec. 469[c]) the a. Perform the duties provided for under Book

Philippines

b. A resident of the II of the Code Appointed the of by LGU concerned Of good b. Advise the governor moral or mayor, sanggunian, and of other local

Secretary c.

Finance character A holder

from a list of at d.

a government and national regarding of local

least 3 ranking, college eligible preferably

degree officials in disposition

recommendees commerce,

public government funds, and

of the governor administration or law other matters relative to or mayor, as from a recognized public finance;

the case may college or university, c. Take custody of and

be [a])

(Sec

470 and

exercise

proper of the

e. A first grade civil management service eligible or its funds of LGU; equivalent. f. experience treasury

d. Take charge of the Acquired disbursement of all local in government funds and or such other funds the

accounting service for custody of which may be at least 5 years in the entrusted to him; case of the city or e. provincial Inspect private and

treasurer, commercial

and 3 years in the industrial establishments case of the municipal in treasurer. 470[c]) relation to of the tax

(Sec implementation ordinances;

f. Maintain and update the tax information

system of the LGU; g. In the case of the provincial treasurer,

exercise supervision treasury component

technical over offices cities all of and

municipalities; and h. Exercise such other powers and perform

such other duties and functions as may be prescribed by law or 3. Assistant Appointed the of ordinance. (Sec 470[d]) by a. A citizen of the a. Assist the treasurer and perform such duties

Treasurer

Secretary Philippines,

Finance b. Resident of the as the latter may assign to him. moral b. Administer oaths

from a list of at LGU concerned, least 3 ranking, c. eligible Of good

character, A holder of

concerning notices and a notifications to in of the tax those the real and

recommendees d.

of the governor college or mayor (Sec preferably 471[a]) commerce,

degree delinquent in payment public property

administration, or law concerning from a

official

recognized matters relating to the accounts of the

college or university,

e. A first grade civil treasurer or arising in service eligible or its the equivalent, offices of and the the

treasurer

f. Acquired at least 5 assessor. (Sec 471[c]) years experience in the treasury or

accounting service in the case of the city or provincial assistant

treasurer, and 3 years in the case of the municipal treasurer. 4. Assessor mandatory position 471[b]) a. Citizen Philippines, of assistant (Sec the a. Take charge of the assessor's office,

b. A resident of the b. Perform the duties LGU concerned, provided for under Book

c.

Of

good

moral II of the Code, c. Ensure that all laws of a and policies governing appraisal of and real

character, d. A holder

college

degree the

preferably in civil or assessment mechanical engineering, commerce, or

properties for taxation purposes are properly any executed; Initiate, review, and

other related course d. from a

recognized recommend changes in policies and objectives, and programs,

college or university,

e. A first grade civil plans

service eligible or its techniques, procedures equivalent. f. experience and practices in the and of real

Acquired valuation in real assessment

property assessment properties for taxation work or in any related purposes; field for at least e. Establish a systematic

5years in the case of method of real property

the city or provincial assessment; assessor, and 3 years f. Install and maintain a in the case of the real municipal (Sec 472[a]) assessor. identification accounting system, g. Prepare, install and maintain a system of tax mapping; h. Conduct frequent to property and

physical verify whether properties province

surveys and

determine all within real the

are

properly

listed in the assessment rolls; i. Exercise the functions of appraisal and

assessment primarily for taxation purposes of all

real properties in the LGU; j. Prepare a schedule of the fair market value for the different classes of real properties; k. Issue certified copies of assessment records of real property and all other records relative to its assessment; l. Submit every semester a report of all

assessments, cancellations modifications and of

assessments to the local chief executive and the sanggunian; m. In the case of the

assessor component municipality

of city

a or

attend

sessions of the local board of assessment

appeals whenever his assessment is the

subject of the appeal; n. In the case of the provincial exercise assessor, technical

supervision and visitorial functions component municipal coordinate component city over city all and

assessors, with or

municipal assessors in the conduct of tax

mapping operations and

all

other

assessment

activities, and provide all forms of assistance;

(Sec 472[b]) o. other perform Exercise powers such such and other

duties and functions as may be prescribed by law or ordinance. (Sec 5. Assistant optional position 472[c]) b. Resident of the a. Assist the assessor LGU concerned, and perform such other c. Of good moral duties as the latter may character, assign to him d. A holder of a b. Administer oaths on college degree all declarations of real preferably in civil or property for purposes of mechanical assessment. (Sec engineering, 473[b]) commerce, or any

Assessor

related course from a recognized college or university e. A first grade civil service eligible or its equivalent. f. experience Acquired in

assessment or in any related field for at least 3years in the case of the city or provincial assistant

assessor, and 1 year in the case of the city or provincial assistant assessor. 6. Accountant mandatory position 473[a]) a. Citizen Philippines, of (Sec the a. Take charge of both the accounting and

b. A resident of the internal audit services of

LGU concerned, c. Of good

the LGU; moral b. Install and maintain an internal audit system

character,

d. A certified public in the local LGU; accountant. e. experience treasury c. Prepare and submit Acquired financial statements to in the the governor or mayor or and to the sanggunian; Apprise the

accounting service for d.

at least 5 years in the sanggunian and other case of the provincial local or city government

accountant, officials on the financial

and 3 years in the condition and operations case of the municipal of the LGU; accountant. 474[a]) f. Incumbent in (Sec e. Certify to the

availability of budgetary chief allotment the expenditures may to which and be

accountant

office of the treasurer obligations shall be

given properly charged;

preference appointment position

in to

the f.

Review

supporting before

the documents

of preparation of vouchers to completeness requirements; g. Prepare statements of cash liquidation, allowances, reimbursements remittances; h. Prepare statements of journal vouchers and and advances, salaries, determine of

accountant.(Sec 474[c])

liquidation of the same and other adjustments; i. Post individual to the and

disbursements subsidiary index cards;

ledger

Maintain

individual

ledgers for officials and employees pertaining to payrolls and deductions; j. Record and post in index cards details of purchased furniture,

fixtures, and equipment, including thereof, if any; k. Account for all issued requests for obligations and maintain and keep all records and reports related thereto; l. Prepare journals and the analysis of disposal

obligations and maintain and keep all records and reports related thereto;

and m. Exercise such other powers and perform

such other duties and functions as may be provided 7. Budget mandatory position a. Citizen of by law or

ordinance. (Sec 474[b]) the a. Take charge of the budget office; Prepare and forms, circulars

Officer

Philippines,

b. Resident of the b. LGU concerned, c. Of good

orders,

moral embodying on of

instructions and

character, d. A holder

budgetary

a appropriation matters for signature of the

college preferably accounting, economics,

degree the

in governor or mayor, c. Review and

public consolidate the budget of different

administration or any proposals

related course from a departments and offices; recognized college or d. Assist the governor

university,

or

mayor

in of

the the during

e. A first grade civil preparation service eligible or its budget equivalent. f. experience government and

budget hearings; Acquired e. Study and evaluate in budgetary implications

of proposed legislation

budgeting or in any and submit comments related field for at and recommendations

least 5 years in the thereon; case of the provincial f. Submit periodic

or city budget officer, budgetary reports to the and at least 3 years in DBM; the case of the g. Coordinate with the accountant,

municipal

budget treasurer,

officer. (Sec 475[a])

and the planning and development coordinator for the purpose of

budgeting; h. Assist the sanggunian

concerned in reviewing the approved budgets; i. Coordinate with the planning and

development coordinator in the formulation of the local government unit

development plan; (Sec 475 [b]) j. Exercise such other powers and perform

such other duties and functions as may be prescribed by law or 8. and Development Coordinator Planning mandatory position a. Citizen of ordinance. (Sec 475[c]) the a. Take charge of the planning and

Philippines

b. A resident of the development office LGU concerned c. Of good b. Formulate integrated moral economic, physical, and social, other

character

d.

holder

of

a development plans and

college preferably planning, in

degree policies for consideration urban of the local government development council; continuing

development studies, c. Conduct economics,

public studies, researches, and programs to evolve

administration, or any training related course from a necessary

recognized college or plans and programs for university implementation; Integrate and

e. A first grade civil d.

service eligible or its coordinate all sectoral equivalent f. experience plans and by studies the

Acquired undertaken in different

functional

development planning groups or agencies; or in any related field e. Monitor and evaluate for at least 5 years in the the case of or the the implementation of

different

provincial

city development programs,

planning development coordinator, and

and projects, and activities in the 3 unit local government in the

concerned with

years in the case of accordance the planning development coordinator. 476[a]) municipal approved and plan; f.

development

Prepare plans

(Sec comprehensive

and other development planning documents for the consideration of the local council; g. Analyze the income and expenditure development

patterns, and formulate and recommend fiscal plans and policies for consideration finance of the of

committee

LGU; h. Promote people in planning

participation development within the LGU;

i. Exercise supervision and control over the

secretariat of the local development 9. Engineer mandatory position a. Citizen of council; local (Sec

and (Sec 476[b]) the a. Act as the building official

Philippines,

b. A resident of the 477[a]) LGU concerned, c. Of good b. Initiate, review and moral recommend changes in policies and objectives, and programs,

character,

d. A licensed civil plans engineer e. experience practice

techniques, procedures Acquired and in of practices in

the infrastructure his development and public

profession for at least works in general; 5 years in the case of c. Advise the governor the provincial or city or mayor on public other

engineer, and 3 years infrastructure, in the case of the works, municipal (Sec 477[a]) and

engineer. engineering matters; d. coordinate, and Administer, supervise, the

control

construction, maintenance, improvement, and repair of roads, bridges, and other engineering and public works projects; e. Provide engineering services to the LGU, including investigation

and survey, engineering designs, feasibility

studies,

and

project

management; f. In the case of the provincial exercise supervision engineering component engineer, technical over offices cities all of and

municipalities; and (Sec 477[b]) g. Exercise such other powers and perform

such other duties and functions as may be prescribed by law or 10. Officer Health mandatory position ordinance. (Sec477[c]) d. A licensed medical a. Take charge of the practitioner. e. experience practice office on health services, Acquired supervise the personnel in of the and staff of said office, his formulate program

profession for at least implementation 5 years in the case of guidelines and rules and the provincial or city regulations for the

health officer, and 3 operation of the said years in the case of b. Formulate measures the municipal health for the consideration of officer. (Sec478[a]) the sanggunian and

provide

technical

assistance and support to the governor or mayor in carrying out activities to ensure the delivery of basic provision services of and

adequate

health facilities; c. Develop plans and strategies, the same, implement particularly

those which have to do with health programs

and projects which the governor or mayor, is empowered implement the and to which is

sanggunian

empowered to provide for; d. Formulate and policies, and

implement plans,

programs

projects to promote the health of the people; e. Advise the governor or mayor and the

sanggunian on matters pertaining to health; f. Execute and enforce all laws, ordinances and regulations public health; relating to

g. Recommend to the sanggunian, through the local health board, the passage of such

ordinances as he may deem necessary for the preservation health; h. Recommend of of the any of public

prosecution violation laws,

sanitary or

ordinances

regulations; i. Direct the sanitary of all

inspection

business establishments selling food items or providing accommodations as hotels, such motels,

lodging houses, pension houses, and the like, in accordance with the

Sanitation Code; j. Conduct health

information and

campaigns health

render

intelligence services; k. Coordinate with other government and agencies

non-governmental

organizations involved in the promotion of and health

delivery services;

l. In the case of the provincial health officer, exercise general

supervision over health officers of component

cities and municipalities; and m. Be in the frontline of health services delivery, particularly during and in the aftermath of manmade and natural

disasters and calamities; and (Sec478[b]) n. Exercise such other powers and perform

such other duties and functions as may be prescribed by law or 11. Civil mandatory: city a. and municipal Citizen of ordinance. (Sec478[c]) the a. Responsible for the civil registration program to the Civil

Registrar

Philippines,

b. A resident of the pursuant LGU concerned, c. Of good

Registry Law, the Civil moral Code, and other

character,

pertinent laws, rules and

d.

holder

of

a regulations (Sec479[b])

college degree from a b. Take charge of the recognized college or office of the civil registry university, c. Develop plans and and the same,

e. A first grade civil strategies service eligible or its implement equivalent. f. experience

particularly those which Acquired have to do with civil in civil registry programs and which the

registry work for at projects

least 5 years in the mayor is empowered to case of the city civil implement registrar and 3 years the and which is

sanggunian

in the case of the empowered to provide municipal civil for d. Accept all registrable documents and judicial decrees affecting the

registrar. (Sec479[a])

civil status of persons; e. File, keep and

preserve in a secure place the books required by law; f. Transcribe and enter immediately receipt all upon registrable

documents and judicial decrees affecting the

civil status of persons in the civil registry books; g. Transmit to the Office of the Civil RegistrarGeneral duplicate copies of registered documents required by law; h. Issue certified

transcripts or copies of any certificate or

registered

documents

upon payment of the

prescribed fees to the treasurer; i. Receive applications for the issuance of a marriage license and

issue the license upon payment of the

authorized fee to the treasurer; g. Coordinate with the NSO in conducting campaigns

educational

for vital registration and assist in the preparation of demographic and

other (Sec479[c])

statistics

h. Exercise such other powers and perform

such other duties and

functions as may be prescribed by law or 12. mandatory: a. Citizen of ordinance. (Sec479[d]) the a. Take charge of the office of the

Administrator provincial city,

and Philippines,

optional: b. A resident of the administrator LGU concerned, c. Of good b. Develop plans and moral strategies implement of the and same

municipal

character, d. A holder

a particularly those which

college

degree have to do with the and

preferably in public management

administration, law, or administration-related any course other related programs and projects a which the governor or

from

recognized college or mayor is empowered to university, implement and which is

e. A first grade civil the

sanggunian

service eligible or its empowered to provide equivalent f. for; Acquired c. Assist in the

experience management administration

in coordination of the work and of all the officials of the work LGU, under the

for at least 5 years in supervision, the case of or the and control

direction, of the

provincial

city governor or mayor, and

administrator, and 3 convene the chiefs of years in the case of offices and other officials the municipal of the local government unit; is d. Establish a and sound

administrator. g. Term

coterminous with that maintain of his

appointing personnel program for the LGU designed to promote career

authority (Sec480[a])

development and uphold the merit principle in the local service; e. Conduct a continuing government

organizational development of the LGU with the end in view of instituting effective

administrative reforms; f. Be in the frontline of the delivery of support particularly to the

administrative services, those

related

situations during and in the aftermath of manmade and natural

disasters and calamities; g. Recommend to the

sanggunian and advise the governor and mayor on all other to matters the and

relative management

administration LGU (Sec480[b])

of

the

h. Exercise such other powers and perform

such other duties and functions as may be prescribed by law or 13. Officers Legal mandatory: provincial city, a. Citizen of ordinance. (Sec480[c]) the a. Take charge of the office of legal services

and Philippines,

optional: b. A resident of the b. Formulate measures LGU, c. Of good for the consideration of moral the sanggunian and

municipal

character,

provide legal assistance support to the

d. A member of the and Philippine Bar e. Practiced

governor or mayor, in his carrying out the delivery

profession for at least of basic services and 5 years in the case of provisions of adequate the provincial and city facilities legal officer, and c. Develop plans and

3years in the case of strategies the municipal legal implement the

and same,

officer

particularly those which to do with

f. Term of the legal have officer shall

be programs and projects

coterminous with that related to legal services of his appointing which the governor or mayor is empowered to implement the and which is

authority.(Sec481[a])

sanggunian

empowered to provide d. Represent the local government unit in all civil actions and special proceedings wherein the LGU or any official

thereof, in his official capacity, is a party; e. Draft ordinances,

contracts, bonds, leases

and other instruments, involving any interest of the LGU; and provide comments recommendations and on

any instruments already drawn; f. Render his opinion in writing on any question of law when requested to do so by the or

governor, sanggunian;

mayor,

g. Investigate or cause to be investigated any local official or employee for administrative

neglect or misconduct in office, and recommend appropriate action;

h. Investigate or cause to be investigated any person, firm or

corporation holding any franchise or exercising any public privilege for failure to comply with any term or condition in the grant or of such

franchise and

privilege,

recommending

appropriate action to the governor, mayor or

sanggunian, as the case may be; i. Initiate and prosecute in the interest of the LGU any civil action on any bond, lease or other contract upon any

breach thereof;

or

violation

j. Review and submit recommendations ordinances and on

approved orders

executive by

issued units; k.

component

Recommend to the

measures

sanggunian and advise the governor or mayor as the case may be on all other matters related to upholding the rule of law ; l. Be in the frontline of protecting human rights and prosecuting any

violations

thereof,

particularly those which occur during and in the aftermath of man-made or natural disasters or calamities; (Sec481[b]) m. Exercise such other powers and perform and

such other duties and functions as may be prescribed by law or 14. Agriculturist mandatory: provincial; optional: a. Citizen of ordinance. (Sec481[c]) the a. Take charge of the office for agricultural

Philippines,

city b. A resident of the service LGU concerned, c. Of good b. Formulate measures moral and provide technical

and municipal

character, d. A holder of

assistance and support a in carrying out said

college

degree or

in measures to ensure the any delivery of basic

agriculture

related course from a services and provision of recognized college or adequate university, relative to facilities agricultural

e. A first grade civil services as provided for service eligible or its under Section 17 equivalent. f. Practiced c. Develop plans and his strategies in implement the and same,

profession agriculture acquired

or particularly those which experience have to do with

in a related field for at agricultural

programs

least 5 years in the and projects which the case of the provincial governor or mayor is and city agriculturist, empowered and 3years in the implement case of the municipal the agriculturist. (Sec482[a]) and to which us

sanggunian

empowered to provide for d. Ensure that maximum assistance and access

to

resources

in

the

production, and

processing of

marketing

agricultural and aquacultural and marine

products are extended to farmers, fishermen

and local entrepreneurs; e. Conduct or cause to be conducted locationspecific agricultural

researches and assist in making available the

appropriate arising out

technology of and

disseminating information research on on basic crops,

preventive and control of plant diseases and

pests,

and

other

agricultural matters f. Assist in the and of

establishment extension services

demonstration farms or aqua-culture and marine products; g. Enforce rules and regulations agriculture aquaculture; h. Coordinate with relating to and

government and promote productivity appropriate compatible NGOs

agencies which

agricultural through technology with

environmental integrity;

i. Be in the frontline of delivery agricultural particularly of basic services, those

needed for the survival of the inhabitants during and in the aftermath of man-made and natural disasters; j. Recommend and

advise on all matters related to agriculture

and aqua-culture which will improve and of the living the

livelihood conditions

inhabitants; (Sec482[b]) k. Exercise such other powers and perform

such other duties and

functions as may be prescribed by law or 15. Social mandatory: a. Citizen of ordinance. (Sec482[c]) the a. Take charge of the office on social welfare development

Welfare and provincial Development city; Officer

and Philippines,

optional: b. A resident of the and LGU concerned, c. Of good services

municipal

moral b. Formulate measures and provide technical

character,

d. A duly licensed assistance and support social worker or a in carrying out measures holder of a college to ensure the delivery of degree preferably in basic sociology or any other provision services of and

adequate

related course from a facilities relative to social recognized college or welfare university, and

development services as for under

e. A first grade civil provided service eligible or its Section 17 equivalent f.

c. Develop plans and Acquired strategies and mplement

experience practice of

in

the the

same

particularly

social those which have to do social welfare

work for at least 5 with

years in the case of programs and projects the provincial or city which the governor or social welfare and mayor is empowered to and which is

development

officer, implement

and 3 years in the the

sanggunian

case of the municipal empowered to provide social welfare and for Identify the basic

development (Sec483[a])

officer. d.

needs of the needy, the disadvantaged and the impoverished and

develop and implement appropriate measures to alleviate their problems and improve their living conditions; e. Provide relief and

appropriate

crisis

intervention for victims of abuse and and

exploitation

recommend appropriate measures further to abuse deter and

exploitation; f. Assist the governor or mayor in implementing the barangay level

program for the total development and

protection of children up to six (6) years of age; g. Facilitate the of

implementation

welfare programs for the disabled, elderly, and

victims of drug addiction,

the

rehabilitation

of

prisoners and parolees, the prevention of

juvenile delinquency and such other activities

which would eliminate or minimize the ill-effects of poverty; h. Initiate and support youth welfare programs that will enhance the role of the youth in nation-building; i. Coordinate with

government

agencies

and NGOs which have for their purpose the promotion and the

protection of all needy, disadvantaged,

underprivileged

or

impoverished groups or individuals, particularly

those identified to be vulnerable and high-risk to exploitation, abuse

and neglect; j. Be in the frontline of service delivery,

particularly those which have to do with

immediate relief during and assistance in the aftermath of man-made and natural disaster and natural calamities; k. Recommend to the sanggunian and advise the governor or mayor on all other matters

related to social welfare and services development which will

improve the livelihood and living conditions of the (Sec483[b]) l. Exercise such other powers and perform inhabitants;

such other duties and functions as may be prescribed by law or 16. Environment and Natural optional position ordinance. (Sec483[c]) a. A citizen of the a. Take charge of the Philippines, office on environment

b. Resident of the and natural resources local government unit b. Formulate measures concerned, c. Of good and provide technical

Resources Officer

moral assistance and support in carrying out measures

character,

d. Holder of a college to ensure the delivery of

degree preferably in basic environment, forestry, provision agriculture or any facilities

services of

and

adequate to

relative

related course from a environment and natural recognized college or resources services as university, provided for under Sec

e. A first grade civil 17; service eligible or its c. Develop plans and equivalent f. experience environmental natural strategies Acquired implement the and same,

in particularly those which and have to do with

resources environment and natural resources programs and and projects which the

management, conservation,

utilization, of at least governor or mayor is 5 years in the case of empowered the provincial or city implement environment natural and the and to which is

sanggunian

resources empowered to provide

officer, and 3 years in for; the case of the d. Establish, maintain, protect and preserve forests,

municipal environment natural

and communal

resources watersheds, tree parks, mangroves, and greenbelts forest

officer. (Sec484[a])

similar

projects and commercial forest; e. Provide extension

services to beneficiaries of forest development projects and technical, financial infrastructure assistance; f. Manage and maintain seed banks and produce seedlings for forests and tree parks; and

g.

Provide

extension

services to beneficiaries of forest development projects assistance and for render natural

resources-related conservation utilization consistent ecological balance; h. Promote the smallscale utilization resources, mining of and mineral and activities with

particularly

mining of gold; i. Coordinate with

government and NGOs

agencies in the of prevent

implementation measures to

and control land, air and water pollution with the assistance of the DENR; j. Be in the frontline of the delivery of services concerning the

environment and natural resources, particularly in the renewal of and the

rehabilitation

environment during and in the aftermath of manmade and natural

calamities and disasters; k. Recommend to the sanggunian and advise the governor or mayor on all matters relative to the protection,

conservation, maximum

utilization, application of appropriate and related other to technology matters the

environment and natural resources; (Sec484[b]) l. Exercise such other powers and perform and

such other duties and functions as may be prescribed by law or 17. Architect optional position a. Citizen of ordinance. (Sec484[c]) the a. Take charge of the office on architectural

Philippines,

b. A resident of the planning and design LGU concerned, c. Of good b. Formulate measures moral for the consideration of the sanggunian and

character,

d. A duly licensed provide architect.

technical

assistance and support

e.

Practiced

his to the governor or mayor

profession for at least in carrying out measures 5 years in the case of to ensure the delivery of the provincial or city basic architect, and 3 years provision in the case of the facilities municipal (Sec485[a]) services of and

adequate to

relative

architect. architectural

planning

and design as provided for under Section 17; c. Develop plans and and the same,

strategies implement

particularly those which have to do with

architectural and design

planning programs

and projects which the governor or mayor is empowered implement and to which

the

sanggunian

is

empowered to provide for under this Code; d. Prepare and for of the the plan the and local

recommend consideration sanggunian architectural design for

government unit or a part thereof, including the renewal of slums and blighted areas, land reclamation activities,

the greening of land, and appropriate

planning of marine and foreshore areas; e. Review and for

recommend

appropriate action of the sanggunian, governor or mayor the architectural plans submitted and design by

governmental and nongovernmental entities or individuals, particularly

those for undeveloped, underdeveloped, and

poorly-designed areas; f. Coordinate with

government and NGOs and individuals involved in the aesthetics and the maximum utilization of the land and water

within the jurisdiction of the with LGU, compatible

environmental

integrity and ecological balance. g. Be in the frontline of the delivery of services involving planning architectural and design,

particularly those related to the redesigning of spatial basic physical during and distribution facilities of and

structures in the

aftermath of man-made and natural calamities and disasters; h. Recommend to the sanggunian and advise the governor or mayor on all other to matters the

relative

architectural

planning

and design as it relates to the total

socioeconomic development of the local government (Sec 485[b]) i. Exercise such other powers and perform unit; and

such other duties and functions as may be prescribed by law or 18. Information Officer optional position a. Citizen of ordinance. (Sec485[c]) the a. Take charge of the office on public

Philippines,

b. A resident of the information LGU concerned, c. Of good b. Formulate measures moral and provide technical

character, d. A holder of

assistance and support a in providing the and

college

degree information

preferably journalism,

in research data required mass for the delivery of basic

communication or any services and provision of related course from a adequate facilities so

recognized college or that the public becomes university, aware of said services

e. A first grade civil and may fully avail of the service eligible or its same; equivalent. c. Develop plans and and the same,

f. Have experience in strategies writing articles and implement

research papers, or in particularly those which writing television for print, have to do with public or information and

broadcast media of at research data to support least 3 years in the programs and projects case of the provincial which the governor or or city information mayor is empowered to and which is

officer, and at least 1 implement year in the case of the

sanggunian

municipal information empowered to provide officer. g. Term of for; the d. Provide relevant, timely

information officer is adequate,

and

co-terminous with his information to the LGU appointing (Sec486[a]) authority. and its residents; e. Furnish information and data on LGUs to government agencies or offices required as by may law be or

ordinance; and NGOs to be furnished to said and

agencies organizations; f. Maintain

effective

liaison with the various sectors of the

community on matters and issues that affect

the livelihood and the quality of life of the inhabitants and

encourage support for programs of the local and government; g. Be in the frontline in providing during and information in the national

aftermath of manmade and natural calamities and disasters, with

special attention to the victims thereof, to help minimize casualties after the injuries during and and

emergency,

and to accelerate relief and rehabilitation;

h.

Recommend on all

and other

advise

matters relative to public information research relates data to the as and it

total

socioeconomic development of the

LGU; (Sec486[b]) i. Exercise such other powers and perform

such other duties and functions as may be prescribed by law or 19. Cooperative Officer optional: provincial city a. Citizen of ordinance. (Sec486[c]) the a. Take charge of the office for the of

and Philippines,

b. A resident of the development LGU concerned, c. Of good cooperatives

moral b. Formulate measures and provide technical

character,

d. Holder of a college assistance and support degree preferably in in carrying out measures business administration special training to ensure the delivery of with basic in provision services of and

facilities the of and in

cooperatives or any through related course from a development recognized college or cooperatives, university,

providing access to such

e. First grade civil services and facilities; service eligible or its c. Develop plans and equivalent strategies the and same,

f. Have experience in implement cooperatives organization management of

particularly those which and have to do with the at integration of principles in

least 5 years in the cooperatives case of the provincial and

methods

or city cooperatives programs and projects officer, and 3 years in which the governor or

the case of municipal mayor is empowered to cooperatives (Sec487[a]) officer. implement the and which is

sanggunian

empowered to provide for; d. Assist in the of

organization cooperatives;

e. Provide technical and other assistance forms to of existing

cooperatives to enhance their viability as an

economic enterprise and social organization; f. Assist cooperatives in establishing with agencies involved linkages government and in NGOs the

promotion integration of

and the

concept of cooperatives in the livelihood of the people and other

community activities; g. Be in the frontline of cooperatives organization, rehabilitation or viabilityenhancement, particularly during and in the aftermath of manmade and natural

calamities and disasters, to aid in their survival and, if necessary

subsequent rehabilitation; h. Recommend and

advise matters

on

all

other to

relative

cooperatives development viabilityand

enhancement

which will improve the livelihood and quality of life of the inhabitants; (Sec487[b]) i. Exercise such other powers and perform

such other duties and functions as may be prescribed by law or 20. Population Officer optional position c. Of good ordinance. (Sec487[c]) moral a. Take charge of the office of on population

character, d. A holder

a development

college degree with b. Formulate measures specialized training in and population provide technical

assistance and support

development from a in carrying out measures recognized college or to ensure the delivery of university, basic services of and

e. A first grade civil provision

adequate

service eligible or its facilities relative to the equivalent. integration of the

f. Have experience in population development the implementation of principles programs population development responsible parenthood for and in

on providing access to said services and facilities; or c. Develop plans and strategies at implement the and same,

least 5 years in the particularly those which case of the provincial have to do with the or city population integration of population principles in

officer and 3 years in development the case of the and

methods

municipal population programs and projects officer. (Sec488[a]) which the governor or

mayor is empowered to implement the and which is

sanggunian

empowered to provide for; d. Assist the governor or mayor in of the the

implementation

Constitutional provisions relative to population and the

development

promotion of responsible parenthood; e. Establish an and updated

maintain

data bank for program operations, development planning and an

educational program to ensure the people's

participation understanding

in

and of

population development; f. Implement appropriate training responsive programs to the

cultural heritage of the inhabitants; (Sec488[b]) g. Exercise such other powers and perform

such other duties and functions as may be prescribed by law or 21. Veterinarian mandatory: provincial city a. Citizen of ordinance. (Sec488[c]) the a. Take charge of the office for veterinary

and Philippines,

b. A resident of the services; local government b. Formulate measures and provide technical

concerned, c. Of good

moral assistance and support in carrying out measures

character,

d. A licensed doctor to ensure the delivery of of medicine, veterinary basic provision services of and

adequate to

e. Have practiced his facilities

pursuant

profession for at least Section 17; 3 years in the case of c. Develop plans and provincial veterinarian or and city strategies at implement the and same

least 1 year in the particularly those which case of the municipal have to do with the veterinarian. (Sec489[a]) veterinary-related activities which the

governor or mayor is empowered implement the and to which is

sanggunian

empowered to provide for d. Advise the governor or the mayor on all

matters pertaining to the slaughter of animals for human consumption and the regulation of

slaughterhouses; e. Regulate the keeping of domestic animals; f. Regulate and inspect poultry, milk and dairy products for public

consumption; g. Enforce all laws and regulations for the

prevention of cruelty to animals; h. Take the necessary measures to eradicate, prevent or cure all forms of animal diseases; i. Be in the frontline of

veterinary

related

activities, such as in the outbreak of highly-

contagious and deadly diseases, and in

situations resulting in the depletion of animals for work and human

consumption, particularly those arising from and in the

aftermath of man-made and natural calamities and disasters; j. Recommend on all and other to

advise matters

relative

veterinary

services

which will increase the number and improve the

quality poultry

of and

livestock, other

domestic animals used for work or human

consumption; (Sec489[b]) k. Exercise such other powers and perform

such other duties and functions as may be prescribed by law or 22. General mandatory: Services Officer provincial city a. Citizen of ordinance. (Sec489[c]) the a. Take charge of the office on general

and Philippines,

b. A resident of the services; local government unit b. Formulate measures concerned, c. Of good and provide technical

moral assistance and support in carrying out measures of a to ensure the delivery of on basic services and

character, d. A holder

college

degree

public administration, provision business administration facilities

of

adequate to

pursuant

and Section 17 and which

management from a require general services recognized college or expertise and technical university, support services;

e. A first grade civil c. Develop plans and service eligible or its strategies equivalent. f. Have implement the and same,

acquired particularly those which

experience in general have to do with the services, management including general services

of supportive of the welfare

supply, property, solid of the inhabitants which waste disposal, and the governor or mayor is general sanitation, of empowered at least 5 years in the implement case of the provincial the or city and to which is

sanggunian

general empowered to provide

services officer, and for; at least 3 years in the d. Take custody of and

De Rama v. CA Mayor Conrado de Rama sought for the recall of 14 municipal employees on the ground that they were

recalled on the following grounds: (1) non-compliance with procedure, (2) failure to pass through Selection Board, (3) violation of agreement relative to promotion, (4 violation of other existing civil service laws. No law prohibits local elective

midnight appointees of the former mayor, in violation of Art. VII, Sec. 15 of the Constitution. The Civil Service Commission declared the

officials from making appointments during the last days of his or her tenure. The midnight appointments prohibited by Art. VII, Sec. 15 of the Constitution applies only to

appointments in accordance with law and valid (approved by the head of the CSC Field Office of Lucena City). ISSUE: Whether or not the

appointments were unconstitutional. Held: No. RULING: Rule VI, Sec. 20 of the

appointments made by the President. There were no allegations of fraud on the part of the outgoing mayor or that the appointments were tainted by irregularities only belatedly, as a supplemental pleading on appeal, was it alleged that CSC procedures

Omnibus Implementing Rules of the Revised Administrative Code

provides that appointments may be

were

not

followed

(rules

on

appointment

accepted

cannot

be

screening, posting of notices, merit and fitness). Failure to raise these grounds in the original pleading constitutes a waiver. Upon the issuance of an appointment and the appointees assumption of position, he acquires a legal and not only equitable right to the position, which cannot be taken away either by revocation or by removal without cause and previous notice and hearing. There is no showing

revoked by the appointing authority and shall remain in force and effect until disapproved by the CSC. a. Leagues of Local Barangay Units and Elective Officials Sec 491 510, LGC Article One. Liga ng Mga Barangay

that any of the appointees were not qualified. They assumed their

appointive positions this cannot be unilaterally revoked. Rule V, Sec. 9 of the Omnibus Implementing Rules of the Revised Administrative Code provides that an

Sec. 491.

Purpose of Organization.

deliberations called by the different chapters of the liga. The liga shall have chapters at the municipal, metropolitan levels. The municipal and city chapters of the liga shall be composed of the barangay municipal respectively. representatives and The city of city, provincial and

There shall be an organization of all barangays, to be known as the Liga ng mga Barangay, for the primary purpose of determining the

political

subdivision

representation of the liga in the sanggunians and for ventilating,

articulating and crystallizing issues affecting barangay government

administration and securing, through proper and legal means, solutions thereto. Sec. 492. Representation, Every

barangays, elected

duly

presidents of component municipal and city chapters shall constitute the provincial chapter or the metropolitan political subdivision chapter. The duly elected presidents of highly-

Chapters, National Liga.

barangay shall be represented in said liga by the punong barangay, or in his absence or incapacity, by a

urbanized cities, provincial chapters, the Metropolitan Manila chapter and metropolitan political subdivision

sanggunian member duly elected for the purpose among its members, who shall attend all meetings or

chapters shall constitute the National Liga ng mga Barangay. Sec. 493. the Organization. The liga at city, provincial,

Sec. 494.

Ex Officio Membership in The duly elected the liga at the

Sanggunians. presidents of

municipal,

municipal, city and provincial levels, including the component cities and municipalities of Metropolitan Manila, shall serve as ex-officio members of the sangguniang bayan, sangguniang panlungsod, panlalawigan, and sangguniang They

metropolitan political subdivision, and national levels directly elect a

president, a vice-president, and five (5) members of the board of

directors. The board shall appoint its secretary and treasurer and create such other positions as it may deem necessary for the management of the chapter. A secretary-general shall be elected from among the members of the national liga and shall be charged with the overall operation of the liga on the national level. The board shall coordinate the activities of the

respectively.

shall serve as such only during their term of office as presidents of the liga chapters, which in no case shall be beyond the term of office of the sanggunian concerned. Sec. 495. Powers, Functions and

Duties of the Liga ng mga Barangay. The Liga ng mga Barangay shall: (a) Give priority to programs

chapters of the liga.

designed for the total development of

the barangays and in consonance with the policies, programs and

thereby promote the social, economic and political well-being of the

projects of the National Government; (b) Assist in the education of residents in local for people's

barangays; and (f) Exercise such other powers and perform such other duties bring and about

barangay

participation

government

functions which will

administration in order to promote united and concerted action to

stronger ties between barangays and promote the welfare of the barangay inhabitants. Article Two. League of

achieve country wide development goals; (c) Supplement the efforts of in creating gainful

Municipalities Sec. 496. Purpose of Organization.

government

employment within the barangay; (d) Adopt measures to promote the welfare of barangay officials; (e) Serve as a forum of the

There shall be an organization of all municipalities, to be known as the League of Municipalities, for the primary purpose of ventilating,

barangays in order to forge linkages with government and nonand

articulating and crystallizing issues affecting municipal government

governmental

organizations

administration and securing, through

proper and legal means, solutions thereto. The league shall form provincial chapters composed of the league presidents for all component

(a) Assist the National Government in the formulation and implementation of policies, programs and projects affecting municipalities as a whole; (b) Promote local autonomy at the

municipalities of the province. Sec. 497. Representation. Every

municipal level; (c) Adopt measures for the

municipality shall be represented in the league by the municipal mayor or, in his absence, by the vice mayor or a sanggunian member duly elected for the purpose by the members, who shall attend all meetings and

promotion of the welfare of all municipalities and its officials and employees; (d) participation Encourage in local people's

government

administration in order to promote united and concerted action for the attainment of country wide

participate in the deliberations of the league. Sec. 498. Duties of Powers, Functions and the The League League of of

development goals; (e) Supplement the efforts of the Government in creating

Municipalities.

National

Municipalities shall:

opportunities for gainful employment within the municipalities; (f) Give priority to programs

Article Three. Sec. 499.

League of Cities

Purpose of Organization.

There shall be an organization of all cities, to be known as the League of Cities, for the primary purpose of ventilating, crystallizing government articulating issues affecting and city and

designed for the total development of the municipalities in consonance with the policies, programs and projects of the National Government; (g) Serve as a forum for

administration

crystallizing and expressing ideas, seeking the necessary assistance of the National Government, and

securing, through proper and legal means, solutions thereto. The league may form chapters at the provincial level for the component cities of a province. Highly-urbanized cities may also form a chapter of the league. The National League shall be composed of the presidents of the league of highly-urbanized cities and the presidents of the provincial

providing the private sector avenues for cooperation in the promotion of the welfare of the municipalities; and (h) Exercise such other powers and perform functions such as other the duties league and may

prescribe for the welfare of the municipalities.

chapters of the league of component cities.

Sec. 500.

Representation.

Every

(c)

Adopt measures for the

city shall be represented in the league by the city mayor or, in his absence, by the city vice mayor or a sanggunian member duly elected for the purpose by the members, who shall attend all meetings and

promotion of the welfare of all cities and its officials and employees; (d) participation Encourage in local people's

government

administration in order to promote united and concerted action for the attainment of country wide

participate in the deliberations of the league. Sec. 501. Powers, Functions and

development goals; (e) Supplement the efforts of the Government in creating

Duties of the League of Cities. The League of Cities shall: (a) Assist the National Government in the formulation and implementation of the policies, programs and projects affecting cities as a whole; (b) Promote local autonomy at the

National

opportunities for gainful employment within the cities; (f) Give priority to programs

designed for the total development of cities in consonance with the policies, programs and projects of the National Government;

city level;

(g)

Serve as a forum for

subdivision

government

crystallizing and expressing ideas, seeking the necessary assistance of the National Government and

administration and securing, through proper and legal means, solutions thereto. For this purpose, the

providing the private sector avenues for cooperation in the promotion of the welfare of the cities; and (h) Exercise such other powers and perform functions such as other the duties league and may

Metropolitan Manila Area and any metropolitan political subdivision shall be considered as separate provincial units of the league. Sec. 503. Representation. Every

province shall be represented in the league by the provincial governor, or in his absence, by the provincial vice mayor or a sanggunian member duly

prescribe for the welfare of the cities. Article Four. Sec. 502. League of Provinces Purpose of Organization.

elected for the purpose by the members, meetings who and shall attend in all the

There shall be an organization of all provinces, to be known as the League of Provinces, for the primary purpose of ventilating, articulating and crystallizing issues affecting

participate

deliberations of the league. Sec. 504. Powers, Functions and

provincial and metropolitan political

Duties of the League of Provinces. The league of Provinces shall:

(a) Assist the National Government in the formulation and implementation of the policies, programs and projects affecting provinces as a whole; (b) Promote local autonomy at the

(e)

Supplement the efforts of the Government in creating

National

opportunities for gainful employment within the province; (f) Give priority to programs

provincial level; (c) Adopt measures for the

designed for the total development of the provinces in consonance with the policies, programs and projects of the National Government; (g) Serve as a forum for

promotion of the welfare of all provinces employees; (d) participation Encourage in local people's and its officials and

crystallizing and expressing ideas, seeking the necessary assistance of the national government and

government

administration in order to promote united and concerted action for the attainment of countrywide

providing the private sector avenues for cooperation in the promotion of the welfare of the provinces; and (h) Exercise such other powers and perform functions such as other the duties league and may

development goals;

prescribe for the welfare of the provinces and metropolitan political subdivisions. Article Five. all Leagues Sec. 505. shall Funding. (a) All leagues its of funds member from local Provisions Common to

(b)

All funds of leagues shall be

deposited as trust funds with its treasurer and shall be disbursed in accordance director's with the board subject of to

resolutions,

pertinent accounting and auditing rules and regulations: Provided, That the treasurer shall be bonded in an amount to be determined by the board of directors. The funds of a chapter shall be deposited as chapter funds and funds of the national league shall be deposited as national funds. Sec. 506. Organizational Structure.

derive

contributions

government units and from fundraising projects and activities without the necessity of securing permits therefor: Provided, That the proceeds from said fund-raising projects and activities shall be used primarily to fund the projects for which the said proceeds have been raised, subject to the pertinent provisions of this Code and the Omnibus Election Code.

To ensure the effective and efficient administration, the leagues for

municipalities, cities and provinces shall elect chapter-level and nationallevel boards of directors and a set of

officers headed by the president. A secretary-general shall be chosen from among the national league members to manage the day to day operation national and league. activities The of board the of

organization of the leagues of local government units shall be governed by their respective constitution and by-laws which are hereby made suppletory to the provision of this Chapter: Provided, That said

directors on the chapter or national level may create such other positions as may be deemed necessary for the management of the chapters and of the national league. The national board directors of the leagues for municipalities, cities or provinces shall coordinate programs, projects and activities of the chapter and the national-level league. Sec. 507. Constitution and By-laws All

constitution and by-laws shall always conform to the provisions of the Constitution and existing laws. CHAPTER 2. Federations Officials Sec. 508. Organization. (a) Vice of Leagues and Local Elective

governors, vice mayors, sanggunian members municipalities, of barangays, cities,

component

highly-urbanized cities and provinces, and other elective local officials of local government units, including

of the Liga and the Leagues.

other matters not herein otherwise provided for affecting the internal

those of the Metropolitan Manila area

and

any

metropolitan may form

political their

component cities and municipalities, which in no case shall be beyond the term of office of the sanggunian panlalawigan concerned. Sec. 509. Constitution and By-laws.

subdivisions,

respective leagues or federations, subject to applicable provisions of this Title and pertinent provisions of this Code; (b) Sanggunian members of

The leagues or federations shall adopt a constitution and by-laws which shall govern their internal organization and operation: Provided, That said constitution and by-laws shall always conform to the provision of the Constitution and existing laws. Sec. 510. Funding. The leagues

component cities and municipalities shall form a provincial federation and elect a board of directors and a set of officers headed by the president. The duly elected president of the

provincial federation of sanggunian members of component cities and municipalities shall be an ex officio member of the sangguniang

and federations may derive funds from contributions of individual

league or federation members or from fund-raising projects or

panlalawigan concerned and shall serve as such only during his term of office as president of the provincial federation of sanggunian members of

activities. The local government unit concerned may appropriate funds to support the leagues or federation

organized pursuant to this Section, subject to the availability of funds. David v. Comelec Petitioners seek to declare as

units; (2) RA 7160 does not expressly or impliedly repeal RA 6679 insofar as the term of barangay officials is concerned; (3) while Sec. 8 of Article X of the 1987 constitution fixes the term of elective local officials at three years, the same provision states that the term of barangay officials "shall be determined by law"; and (4) thus, it follows that the constitutional

unconstitutional Sec. 43(c) of R.A. 7160, which limited the term of office of Barangay officials to three years. Petitioners contend that under Sec. 2 of RA 6653 the term of office of barangay officials shall be for five years. This is reiterated in R.A. 6679. Petitioners further aver that although Sec. 43 of RA 7160 reduced the term of office of all local elective officials to three years, such reduction does not apply to barangay officials because (1) RA 6679 is a special law applicable only to barangays while RA 7160 is a general law which applies to all other local government

intention is to grant barangay officials any term, except three years. The COMELEC maintains that RA 7160 repealed all other special laws relied upon by the Petitioner. WON the term of the barangay officials should be limited only to three years.

Held:

Yes.

legislating a three year term for such officers. This is legally flawed. The Constitution did not expressly prohibit Congress from fixing any term of office for barangay officials. It merely left the determination of such term to the lawmaking body, without any specific limitation or prohibition,

R.A. 7160 was enacted later than RA 6679. In case of an irreconciliable conflict between two laws of different vintages, the later enactment

prevails. Also, R.A. 7160 is a codified set of laws that specifically applies to local government units. It specifically provides that the term of office of barangay officials shall be for three years. With such particularity, the provision cannot be deemed a

thereby leaving to the lawmakers full discretion to fix such term in

accordance with the exigencies of public service. b. Private counsel/lawyers for elective local officials Alinsug Occidental Zonsayda Alinsug was a regular employee of the Office of the Mayor of Escalante Negros Occidental. v. RTC-Negros

general law. Petitioners posit that by excepting barangay officials whose "term shall be determined by law" from the general provision fixing the term of "elective years, local the officials" at three

Constitution

thereby

impliedly prohibits Congress from

Mayor Ponsica issued Office Order No. 31, suspending Zonsayda for one month and one day for simple misconduct categorized as an act of insubordination. Zonsayda filed with the RTC a petition for injunction with damages. Mayor Ponsica, through SM private Lezama,

as provided for by Sec. 481 (b) [i] and [3] of the Local Government Code. The respondents opposed the motion manifesting that the municipality of Escalante has no legal officer. WON private counsel may represent municipal officials sued in their official capacities. Held: Yes.

practitioner

Samuel

claimed that Zonsayda had not yet exhausted administrative remedies and that her suspension was in accordance with law. Alinsug moved that the respondents be all declared in default on the ground that, since the respondents were sued in their official capacities, they should have been represented legal by officer either or the the

It appears that the law allows a private counsel to be hired by a municipality only when the

municipality is an adverse party in a case involving the provincial

government or another municipality or city within the province. This has its apparent origin in De Guia v. The Auditor General where the Court held that the municipality's authority to employ a private attorney is

municipal

provincial legal officer or prosecutor

expressly limited only to situations where the provincial fiscal would be disqualified to serve and represent it. But would these proscriptions include public officials? Not necessarily. It can happen that a government

responsible for the acts of its officers, except if and when, the only to the extent that, they have acted by authority of the law, and in conformity with the requirements thereof. Also, a government official sued in his official capacity may engage the services of private counsel when the complaint contains other allegations and a prayer for moral damages, which, if due from the defendants, must be satisfied by them in their private capacity. The key then to resolving the issue of whether a local government official may secure the services of private counsel, in an action filed against him in his official capacity, lies on the nature of the action and the relief that is sought.

official, ostensibly acting in his official capacity and sued in that capacity, is later held to have exceeded his authority. On the one hand, his defense would have then been

underwritten by the people's money which ordinarily should have been his personal expense. On the other hand, personal liability can attach to him without, however, his having had the benefit of assistance of a counsel of his own choice. In the discharge of governmental functions, municipal corporations are

While the petition below was filed against respondents as public

such fashion, does so in excess of authority, and his actions would be ultra vires that can thereby result in an incurrence of personal liability. Municipality of Pililia v. CA RTC rendered judgment in favor of the Municipality the of Pililla, Rizal,

officials, its allegations were also aimed at questioning certain acts that can well bring the case beyond the mere confines of official functions; thus The petition then went on to claim moral and exemplary damages, as well as litigation expenses, as shown by its prayer. Moral damages cannot generally be awarded unless they are the proximate result of a wrongful act or omission. Exemplary damages, on the other hand, are not awarded if the defendant had not acted in a wanton, oppressive or malevolent manner nor in the absence of gross or reckless negligence. A public official, who in the performance of his duty acts in

against

Philippine ordering

Petroleum the latter

Corporation,

defendant to pay the amount of P5,301,385.00 representing the tax on business due from the defendant under Section 9(A) of Municipal Tax Ordinance No. 1 of said municipality. When Atty. Mendiola ffiled a petition for certiorari with the SC, the PPC filed a motion to questioning his

authority

represent

petitioner

municipality. The CA dismissed the

petition for having been filed by a private counsel in violation of law and jurisprudence but without prejudice to the filing of a similar petition by the Municipality of Pililla through the proper provincial or municipal legal officer. WON Atty. Mendiola has the

fiscal is disqualified to represent it. The fact that the provincial fiscal was disqualified to handle the case must appear on record. In the instant case, there is nothing in the record to show that the provincial fiscal is

disqualified; the appearance of herein private counsel is without authority of law. Also, the fiscal's refusal to represent No. the municipality for is not a legal the

authority to file the petition in behalf of the municipality. Held:

Private attorneys cannot represent a province or municipality in lawsuits; only the provincial fiscal and the municipal attorney can represent a province or municipality in their

justification

employing

services of private counsel. A fiscal cannot refuse to perform his

functions on grounds not provided for by law without violating his oath of office. Instead of engaging the

lawsuits. The provision is mandatory. The municipality's authority to employ a private lawyer is expressly limited only to situations where the provincial

services of a special attorney, the municipal council should request the Secretary of Justice to appoint an

acting provincial fiscal in place of the provincial fiscal who has declined, (Sec. 1679, Administrative Code). Furthermore, even assuming that the representation of the municipality by Atty. Mendiola was duly authorized, said authority is deemed to have been revoked by the municipality when the latter, through the municipal mayor and without said counsel's participation, compromise entered agreement into with a the

Ordinances and the contract of lease over a commercial arcade to be constructed in the municipality of Baliuag, Bulacan. Atty. Romanillos manifested that he was counsel for the municipality filing a motion to dismiss and an amended answer. The provincial attorney, Atty.

Regalado, who first filed the answer, appeared as collaborating counsel. However, the Provincial Fiscal It was

(Regalado) did not appear.

respondent. A client, by appearing personally and presenting a motion by himself, is considered to have impliedly dismissed his lawyer. Ramos v. CA A petition was filed for the

Atty. Romanillos who worked the case for the municipality. The petitioners questioned the

personality of Atty. Romanillos to appear as counsel of the

municipality. Declaration of Nullity of Municipal

In a joint statement,

Atty. Romanillos withdrew as counsel for the municipality and Atty.

Regalado, as collaborating counsel adopted the entire proceedings

2. The municipality or municipal district in question is a party adverse to the provincial

participated in/undertaken by Atty. Romanillos. The judge denied the petitioners motion to disqualify. WON private lawyer is authorized to represent Lawsuits? Held: NO The the Municipality in its

government or to some other municipality or municipal district in the same province. 3. He, or his wife, or child, is pecuniarily involved, as heir legatee, creditor or otherwise. above provision is

General Rule: Private counsel may not represent municipality or province in lawsuits. Section 1683 of the Revised

complemented by Section 3, RA 2264, the Local Autonomy Law. The provision is mandatory. The

Administrative Code provides that it is the duty of fiscal to represent provinces and provincial subdivisions in litigation EXCEPT in cases where: 1. Original jurisdiction is vested in the SC

municipality's authority to employ a private lawyer is expressly limited only to situations where the provincial fiscal is disqualified to represent it. This strict coherence to the letter of the law appears to have been dictated by the fact that the

municipality should not be burdened with expenses of hiring a private lawyer and that the interests of the municipality would be best protected if a government lawyer handles its litigations. None of the exemptions are present in this case. In addition, for the exceptions to apply, the fact that the provincial fiscal was disqualified to handle the municipality's case must appear on record. There is nothing in the records to show that the

WON

Collaboration

with

private

counsel is allowed? Held: NO

General rule: Private counsel may not represent the

municipality/province even if only in collaboration with authorized

government lawyers. EXCEPT that in interest of

substantial justice, the municipality may adopt the work already

performed in good faith by such private lawyer, which work is

provincial fiscal is disqualified to act as counsel for the Municipality. There is also no estoppel on the part of the plaintiffs because the legality of the representation of an unauthorized counsel may be raised at any stage of the proceedings.

beneficial to it, provided: 1. No injustice it thereby heaped on the adverse party; 2. No compensation in any guise is paid therefor by said

municipality lawyer.

to

the

private

An administrative complaint was filed against Albay Governor Salalima, Vice-Governor Azafla, and several members of the Albay Sangguniang Panlalawigan because of the retainer contract for legal services entered into between the Province of Albay and Atty. Cornago and the Cortes & Reyna Law Firm (private lawyers),

Unless so expressly adopted, the private lawyers work cannot bind the municipality. The proceedings

already done are declared null and void for being participated in by unauthorized counsel. The Court believes that conferring legitimacy to the appearance of Atty. Romanillos would not cause

and the disbursement of public funds in payment thereof. WON respondents have incurred administrative liability in entering into the retainer agreement and making payments pursuant thereto. (The

substantial prejudice on petitioners. Requiring a new trial on the mere legal technicality that the municipality was not represented by a legally authorized counsel would not serve the interest of justice. Salalima v. Guingona

retainer was for a case filed by NPC against the province). Held: Yes

Sec. 481 of the Local Government Code which is based on Section

1681 of the Revised Administrative Code requires the appointment of a legal officer to represent the local government unit in all civil actions and special proceedings wherein the local government unit or any official thereof, in his official capacity is a party; EXCEPT that in actions or proceeding where a component city or municipality is a party adverse to the provincial government city or to or

is solely the Provincial Fiscal who can rightfully represent them.

Moreover, the entire transaction was attended by irregularities (i.e. No prior written approval of Solicitor General and COA were before made, the the

disbursements

resolution passed only authorized the governor to sign a retainer contract with the Cortes & Reyna Loaw Firm yet he also signed with Atty. Cornago which is a different entity, the

another

component

municipality, a special legal officer may be employed to represent the adverse party. Local government units cannot be represented by private lawyers and it

province disbursed money to the Cortes & Reyna Law Firm although the latter did not appear as counsel for the Province in the SC case, the attorneys fees were unreasonable = P38.5 Million).

DISCIPLINARY ACTIONS

A. Sec 60 68, LGC See above Ganzon v. CA and Artieda v. Santos (joint case) A series of administrative complaints (10) were filed against Mayor Ganzon (Mayor of Iloilo City) by city officials on various charges: oppression, abuse of

Amidst

the

two Mayor

successive Ganzon

suspensions,

instituted an action for prohibition against the respondent in the RTC. Meanwhile, the respondent issued a third order for another 60 day

preventive suspension (3rd time in 20 months), designating Vice-Mayor

Malabor as acting mayor. Undaunted, Mayor Ganzon commenced before the CA, a petition for prohibition. The CA rendered judgment dismissing the cases. WON the several suspensions

authority,

grave

misconduct and others. Secretary of Local Government, Hon. Santos,

issued a preventive suspension order for 60 days. A second 60 day suspension was ordered but Mayor Ganzon was able to a obtain writ a of

imposed upon Mayon Ganzon are proper. Held: No

restraining

order

and

preliminary injunction in the RTC. The second preventive suspension was not enforced.

The plain truth is that this Court has been uncomfortable with

suspensions because it is out of the

ordinary to have a vacancy in local government. The sole objective of a suspension is simply "to prevent the accused from hampering the normal cause of the investigation with his influence and authority over possible witnesses" or to keep him off "the records and other evidence." It is a means, and no more, to assist prosecutors in firming up a case, if any, against an erring local official. Under the LGC (section 63), a suspension cannot exceed sixty

a longer suspension is unjust and unreasonable, and nothing less than tyranny. Since the Mayor is facing ten administrative charges, the Mayor is in fact facing the possibility of 600 days of suspension, in the event that all ten cases yield prima facie

findings. The Court is not of course tolerating misfeasance in public office but it is certainly another question to make him serve 600 days of

suspension, which is effectively, to suspend him out of office. The Court is aware that only the third

days. It need not be exactly sixty days long if a shorter period is sufficient and it ought to be lifted if prosecutors have achieved their

suspension is under questions, and that any talk of future suspensions is in fact premature. The fact remains, however, that Mayor Ganzon has been made to serve a total of 120 days of suspension and the

purpose in a shorter span. Suspension is temporary. It may be imposed for no more than sixty days,

possibility of sixty days more is arguably around the corner which amounts to a violation of the Local Government Code which brings to light a pattern of suspensions

and conduct prejudicial to the best interest of the public service. Melgar allegedly assaulted Garing and

ordered his arrest and detention without filing any charges until his release the following day. Mayor Melgar submitted his answer wherein he said that while he was delivering graduation suddenly disturbance a speech ceremony, clapped on the part during a

intended to suspend the Mayor the rest of his natural tenure. The Court is simply foreclosing what appears to us as a concerted effort of the State to perpetuate an arbitrary act. Espiritu v. Melgar Garing filed a sworn letter-complaint to the Secretary Santos of DILG, the Provincial Mindoro Governor Espiritu of and Oriental to the

Garing causing of the

audience. When the Mayor ended his speech, he instructed a policeman to investigate Garing. It appeared that Garing was drunk. The mayor

Presidential Action Center, charging Mayor Melgar of Naujan. Oriental Mindoro, with grave of misconduct, authority,

informed Garing to go home but he refused to go and only did so the following morning.

oppression,

abuse

culpable violation of the Constitution

The Sangguniang Panlalawigan of Oriental Mindoro passed Resolution No 55, recommending to the

municipal official under preventive suspension pending decision of an administrative case against the

Provincial Governor that the Mayor be preventively suspended for 45 days pending the investigation of the administrative complaint. When the mayor received the order of

elective municipal official. WON the governor has the power to suspend the mayor Held: Yes

suspension, he filed a Petition for Certiorari with Preliminary Injunction with prayer for Restraining Order in the RTC. The RTC judge issued a writ of preliminary injunction enjoining Governor Espiritu from implementing the Order of suspension against Mayor Melgar. On appeal, Governor Espiritu contends that the trial judge erred in granting the preliminary injunction since the Governor is empowered to place an elective

Under Section 63 LGC, the provincial governor is authorized by law to preventively suspend the municipal mayor anytime after the issues had been joined and any of the following grounds were shown to exist: 1. When there is reasonable

ground to believe that the respondent has committed the act or acts complained of. 2. When the evidence of

culpability is strong.

3. When the gravity of the offense so warrants. 4. When the continuance in office of the respondent could

unjustified and politically motivated, he should have sought relief first from the Secretary of DILG, not from the courts. recourse Mayor to the Melgar's courts direct without

influence the witnesses or pose a threat to the safety and integrity of the records and other evidence. There is nothing improper in

exhausting administrative remedies was premature. The RTC had no jurisdiction over Special Civil Action No. R-5003 and gravely abused its discretion in refusing to dismiss the case. As a general rule, the office or body that is invested with the power of removal or suspension should be the sole judge of the necessity and sufficiency of the cause. However, in this case, since the of 60-day Mayor

suspending an officer before the charges against him are heard and before he is given an opportunity to prove his innocence. Preventive

suspension is allowed so that the respondent may not hamper the normal course of the investigation through the use of his influence and authority over possible

preventive

suspension

Melgar was maintained by the TRO and therefore has already been served, he is deemed reinstated in

witnesses.Since the mayor believed that his preventive suspension was

office

without

prejudice

to

the

execution, though he admitted that he was sympathetic to the cause of the rebel soldiers. The Secretary suspended petitioner from office for 60 days from notice,

continuation of the administrative investigation of the charges against him. Aguinaldo v. Santos Aguinaldo was the duly elected

pending the outcome of the formal investigation. Later, the Secretary rendered a decision finding petition guilty as charged and ordering his removal from office. The Vice

Governor of the province of Cagayan. After the December 1989 coup d'etat was crushed, the DILG Secretary Santos sent a telegram & letter to Governor Aguinaldo requiring him to show cause why he should not be suspended or removed from office for disloyalty to the Republic. A sworn complaint was also filed by Mayors of several municipalities in Cagayan against Aguinaldo for acts committed during the coup. Aguinaldo denied being privy to the planning of the coup or actively participating in its

Governor Vargas was installed as Governor. Aguinaldo appealed. While the case was pending before the SC, Aguinaldo filed his candidacy Governor for of the certificate of position of

Cagayan.

Three

petitions for disqualification were filed against him on the ground that he had been removed from office. The Comelec granted the petition. Later,

this was reversed on the ground that the decision of the Secretary has not yet attained finality and is still

of

control

over

all

executive

departments, bureaus and offices and the power of general supervision over local governments. It is a constitutional doctrine that the acts of the department the head acts of are the

pending review with the Court. As Aguinaldo won by a landslide margin in the elections, the resolution paved the way for his eventual proclamation as Governor of Cagayan. WON the Secretary has the power to suspend or remove local government officials as alter ego of the President Held: Yes

presumptively

President unless expressly rejected by him. Furthermore, it cannot be said that BP337 was repealed by the effectivity of the present Constitution as both the 1973 and 1987

Constitution grants to the legislature the power and authority to enact a local government code, which

The power of the Secretary to remove local government officials is anchored on both the Constitution and a statutory grant from the legislative branch. The constitutional basis is provided by Articles VII (17) and X (4) of the 1987 Constitution which vest in the President the power

provides for the manner of removal of local government officials. The power of the DILG secretary to remove local elective government officials is found in Secs. 60 and 61 of BP 337. As to

Aguinaldos argument of the want of authority of the Secretary to appoint Vargas as Governor, Section 48 (1) of B.P. Blg. 337 shows otherwise. Equally without merit is petitioner's claim that before he could be

pending

before

Us

moot

and

academic. It appears that after the canvassing of votes, petitioner

garnered the most number of votes among the candidates for governor of Cagayan province. The rule is that a public official cannot be removed for administrative misconduct committed during a prior term, since his reelection to office operates as a condonation of the officer's previous misconduct to the extent of cutting off the right to remove him therefor. The foregoing rule, however, finds no application to criminal cases pending against petitioner for acts he may have committed during the failed coup. Reyes v. Comelec

suspended or removed from office, proof beyond reasonable doubt is required because he is charged with a penal offense of disloyalty to the Republic which is defined and

penalized under Article 137 of the RPC. Petitioner is not being but

prosecuted

criminally,

administratively where the quantum of proof required is only substantial evidence. Aguinaldos re-election to the position of Governor the of Cagayan has case

rendered

administrative

Reyes was the incumbent mayor of the municipality of Bongabong,

of the charges and ordered his removal from office. Reyes filed a petition for certiorari, prohibition and injunction with the RTC of Oriental Mindoro. Later, the Presiding Officer of the Sangguniang Panlalawigan issued an order for Reyes to vacate the position of mayor and to turn over the office to the incumbent vice mayor but he refused to accept the service of the order. Thereafter, Reyes filed a certificate of candidacy with the Comelec but a petition for

Oriental Mindoro. An administrative complaint was filed against him with the Sangguniang Panlalawigan by Dr. Manalo. It was alleged that Reyes exacted and collected P50,000,00 from each market stall holder in the Bongabong Public Market. Also, that certain checks issued to him by the National Reconciliation and

Development Program of the DILG were never received by the Municipal Treasurer nor reflected in the books of accounts of the same officer; and that he took 27 heads of cattle from beneficiaries of a cattle dispersal program. The Sangguniang

disqualification was filed against him. Thus, the Comelec canceled Reyess certificate of candidacy. However, the Municipal Board of Canvassers of Bongabong disqualification unaware of of the

Panlalawigan found petitioner guilty

Reyes by the

Comelec, proclaimed him the dulyelected mayor. The Comelec en banc affirmed. Reyes argues that his election on May 8, 1995 is a bar to his disqualification. Garcia, who obtained the highest number of votes next to Reyes intervened, contending that because Reyes was disqualified, he was entitled to be proclaimed mayor. The Comelec en banc denied Garcias prayer. WON the decision of the

decision was due to the refusal of petitioner and his counsel to receive the decision. Repeated attempts had been made to serve the decision on Reyes personally and by registered mail, but Reyes refused to receive the decision. If a judgment or

decision is not delivered to a party for reasons attributable to him, service is deemed completed and the judgment or decision will be considered validly served as long as it can be shown that the attempt to deliver it to him would be valid were it not for his or his counsel's refusal to receive it. Reyess decision refusal may, to receive the be

Sangguniang Panlalawigan is not yet final because he has not been served a copy thereof. Held: The failure of the No Sangguniang

therefore,

construed as a waiver on his part to have a copy of the decision.

Panlalawigan to deliver a copy of its

Petitioner was given sufficient notice of the decision. Rather than resist the service, he should have received the decision and taken an appeal to the Office of the President in accordance with R.A. No. 7160 Section 67. But petitioner did not do so. Accordingly, the decision became final 30 days after the first service upon petitioner. Thus, when the elections were held the decision of the Sangguniang Panlalawigan had already become final and executory. The filing of a petition for certiorari with the RTC did not prevent the administrative

reglementary period involved in the proceeding. Consequently, to arrest the course of the principal of there order or action the must a during the

pendency proceedings, restraining preliminary

certiorari be writ a of the

injunction

from

appellate court directed to the lower court. In the case at bar, although a temporary restraining order was

issued by the Regional Trial Court, no preliminary injunction was

subsequently issued. The temporary restraining order issued expired after 20 days. From that moment on, there was no more legal barrier to the service petitioner. of the decision upon

decision from attaining finality. An original action of certiorari is an independent action and does not interrupt the course of the principal action nor the running of the

WON petitioners reelection rendered the administrative charges against him moot and academic Held: No

was no provision similar to Section 40(b) which disqualifies any person from running for any elective position on the ground that he has been removed as a result of an

This case is different from Aguinaldo v. Santos. Here, although Reyes brought an action to question the decision in the administrative case, the TRO issued in the action he brought lapsed with the result that the decision was served on petitioner and became final. Thus, because petitioner failed to appeal to the Office of the President, he was validly removed from office and, pursuant to Section 40(b) of the LGC, he was disqualified reelection. It is noteworthy that at the time the Aguinaldo cases were decided there from running for

administrative case. R.A. No. 7160 could not be given retroactive effect. Furthermore, the Aguinaldo decision has not yet attained finality. As indicated earlier, the decision of the then Secretary of Local Government was questioned by the petitioner in this Court and that to date, the petition remains unresolved. Garcia's plea that the votes cast for Reyes be invalidated is without merit. The candidate who obtains the

second highest number of votes may not be proclaimed winner in case the winning candidate is disqualified. To

simplistically assume that the second placer would have received the other votes would be to substitute our judgment for the mind of the voter. The votes cast for Reyes are

Mandaue respondents

City

Councilors. charged

The with

were

having violated R.A No. 3019, as amended; Articles 170 and 171 RPC; and R.A. No. 6713. Councilors

presumed to have been cast in the belief that Reyes was qualified and for that reason cannot be treated as stray, void, or meaningless. The subsequent finding that he is

Dionson and Bercede averred that respondent officials, acting in

conspiracy, had caused the alteration and/or falsification of Ordinance No. 018/92 by increasing the allocated appropriation authority from therein the without

disqualified cannot retroact to the date of the elections so as to invalidate the votes cast for him. Hagad v. Gozo-Dadole Criminal and administrative

Sangguniang

Panlungsod of Mandaue City. Aside from opposing the motion for preventive suspension, respondent officials prayed for the dismissal of the complaint on the ground that the Ombudsman Hagad supposedly was bereft of jurisdiction to try, hear and decide the administrative case filed

complaints were filed in the Office of the Deputy Ombudsman against

Mayor Ouano, Vice-Mayor Caete and Sangguniang Panlungsod

Member Mayol of Mandaue City, by

against them since, under Section 63 LGC, the power to investigate and impose administrative sanctions

enjoining him from enforcing the preventive suspension. WON the Ombudsman has

against said local officials, as well as to effect their preventive suspension, had now been vested with the Office of the President. The Office of the Deputy Ombudsman denied the

jurisdiction over the present case Held: Yes

The general investigatory power of the Ombudsman is decreed by

motion to dismiss and recommended the preventive suspension except until of City the

Section 13(1,) Article X1, of the 1987 Constitution, while his statutory

respondent Budget

officials,

mandate to act on administrative complaints is contained in Section 19 of R.A. No. 6770. Section 21 of the same statute names the officials who could be subject to the disciplinary

Officer

Guido,

administrative case would have been finally resolved by the Ombudsman. A petition for prohibition, with prayer for a writ of preliminary injunction and temporary restraining order was filed by respondent officials with the RTC. The RTC issued a restraining order directed at the Ombudsman,

authority of the Ombudsman. Taken in conjunction with Section 24 of R.A. No. 6770, the Office of the

Ombudsman correspondingly has the authority to decree preventive

suspension on any public officer or employee under investigation by it. The argument of the respondents that the disciplinary authority of the Ombudsman over local officials has been removed by the subsequent enactment of the Local Government Code of 1991 is without merit. Although Section 63 of the Local Government Code provides that

matter

in

question

are

not

so

inconsistent, let alone irreconcilable, as to compel us to only uphold one and strike down the other. Well settled is the rule that repeals of laws by implication are not favored, and that courts must generally assume their congruent application. The two laws must be absolutely

incompatible, and a clear finding thereof must surface, before the inference of implied repeal may be drawn. The rule is expressed in the maxim, interpretare et concordare leqibus esf optimus interpretendi: every statute must be so interpreted and brought into accord with other laws as to form a uniform system of jurisprudence. All doubts must be resolved against any implied repeal,

preventive suspension can only be imposed by: ". . . the President if the respondent is an elective official of a province, a highly urbanized or an independent component city; . . ." There is nothing in the LGC to indicate that it has repealed, whether expressly or impliedly, the pertinent provisions of the Ombudsman Act. The two statutes on the specific

and all efforts should be exerted in order to harmonize and give effect to all laws on the subject. The authority to conduct

suspension

without

pay

under

Section 24 of the Ombudsman Act is much too repugnant to the 60-day preventive suspension provided by Section maintain 63 its LGC to even now This

administrative investigation and to impose preventive suspension over elective provincial or city officials was at that time entrusted to the Minister of Local Government until it became concurrent with the Ombudsman

application.

contention is without merit. The two provisions govern differently and

there is justification for the imposition of the 6 month preventive

upon the enactment of R.A No. 6770 (Sec. 21 & 24), to the extent of the common grant, the LGC did not effect a change from what already

suspension. Ombudsman RA 7160 day

6 month preventive 60 suspension preventive suspension,

prevailed, the modification being only in the substitution of the Secretary of Local Government by the Office of the President. Respondent local officials contend that the 6-month preventive

at

any time after the issues have been joined All public officials Elective officials (Elective or only after the

appointive) investigation. Grounds preventive

under issues joined. for Grounds preventive

are

oppressio n or grave

strong 3. The gravity of the offense so warrants 4. The continuan ce office the responde nt could in of

for

misconduc t or

suspension: (S. 24, suspension: RA 9770) 1. The evidence of should guilt be 1. There is a reasonabl e ground

neglect in the performan ce of duty, or b. The charges should warrant removal from the

to believe that the

strong, AND a. The charge against the officer or employee should involve dishonestl y,

responde nt has

committed the act or acts complaine d of 2. The evidence of guilt is

influence the witnesses or pose a threat to

service, or c. The responden ts continued

the safety and

stay office would prejudice the filed against him

in

integrity of the records and other evidence

penalties in the following manner: 1) 5 months suspension for Albay

Governor Salalima and 4 months suspension for the other respondents for abuse of authority, due to the passage of an illegal ordinance which deprived the barangays of Tiwi and Daraga of their share in delinquency payments made by Napocor to the

case

Salalima (supra)

v.

Guingona

government; 2) 6 months suspension for Salalima and Azana, 4 months for all the other respondents for abuse of authority under Section 60 of the LGC, when they hired private lawyers (Cortes & Reyna Law Firm) to represent them in their case in the Supreme Court and disbursed public money to do so; 3) 4 months suspension each for oppression and abuse of authority, when they

Administratrive Order No. 153 was signed by the President and

respondent Teofisto Guingona, which approved the findings of an Ad Hoc Committee holding Salalima et al liable in four (4) consolidated Petitioners

administrative cases.

were elective officials of the Province of Albay, and were handed out

assumed jurisdiction and hastily and arbitrarily meted out suspensions to Tiwi Mayor Corral pending the

Held: 1) Petitioners contend that the challenged administrative order

deprived them of their respective offices without due procedural process. and Their

administrative cases she had filed against the respondents; and 4) 5 months suspension to Governor

substantive

suspensions ranging from twelve months to twenty months or for the entire duration of their unexpired term, which was then only seven months, constituted permanent

Salalima for abuse of authority and gross negligence for failing to impose and collect damages from RYU Construction Corp when the latter incurred in delay. Petitioners

disenfranchisement or removal from office in clear violation of Section 60 of R.A. No. 7160 which mandates that an elective local official may be removed from office by order of the court. However, Section 66(b) of R. A. No. 7160 expressly provides that the penalty of suspension shall not exceed the unexpired term of the respondent or a period of six (6)

challenge AO 153 on the grounds that: 1) the AO effectively suspends petitioners for periods ranging from twelve to twenty months; 2) the Office of the President committed grave abuse of discretion in suspending petitioners for administrative offenses allegedly terms. committed during prior

months

for

every

administrative

of the suspension should not exceed the unexpired portion of the term of office of the petitioners. 2) Governor Salalima could no longer be held liable in connection contract nor could with the RYU the

offense, nor shall said penalty be a bar to the candidacy of the

respondent so suspended as long as he meets the qualifications for the office. Administrative Offense means every act or conduct or omission which amounts to, or constitutes any of the grounds for disciplinary action. The Office no of the grave President abuse of

negotiated Construction,

petitioners be held administratively liable for the execution in November 1989 of the retainer contract with Atty. Jesus Cornago and the Cortes and Reyna Law Firm. This is so because public officials cannot be subject to disciplinary action for administrative misconduct committed during a prior term. His reelection to office operates a condonation of the officer's previous misconduct to the extent of cutting off the right to remove him therefor. This doctrine of

committed

discretion in imposing the penalty of suspension, although the aggregate thereof exceeded six months and the unexpired portion of the petitioners' term of office. The fact remains that the suspension imposed for each administrative offense did not exceed six months and there was an express provision that the successive service

forgiveness or condonation cannot, however, apply to criminal acts which the reelected official may have

upon a finding of serious misconduct in an administrative complaint lodged by Nena Tordesillas. Basco then ran as a candidate for Councilor on two consecutive occasions and won, with subsequent challenges to his election having been dismissed. On the third instance when Basco was again elected Councilor, petitioner Grego filed with the COMELEC a petition praying for Basco's disqualification, for the suspension of his

committed during his previous term. 3) The grant of the power to remove elective Oversight local officials by to the the

Committee

disciplining authority in drafting the Implementing Rules for the LGC is ultra vires; such power is vested only with the court. Grego v. Comelec October 31, 1981 (before the

proclamation, and for the declaration of seventh placer Romualdo S. effectivity of the LGC), Basco was removed from his position as Deputy Sheriff (with prejudice to

Maranan as the sixth duly elected Councilor of Manila's Second District. While the case was ongoing, the Manila City Board of Canvassers proclaimed Basco as a duly elected councilor for the Second District of

reinstatement to any position in the national or local government and its agencies and instrumentalities or GOCCs, in the words of the Court)

Manila, placing sixth among several candidates who vied for the seats. Basco immediately took his oath of office before the Honorable Ma. Ruby Bithao-Camarista, Presiding Judge, Metropolitan Trial Court, Branch I, Manila. HELD: Section 40 (b) of the LGC disqualifies those removed from

true that statutes are not to be construed as intended to have a retroactive effect so as to affect pending proceedings, unless such intent is expressly declared or clearly and necessarily implied from the language of the enactment. There is no provision in the statute which would clearly indicate that the same operates retroactively. Lex prospicit, non respicit. As such, the issue of whether or not Bascos election to office in the 1988, 1992 and 1995 elections wipe away and condone the administrative penalty against him is beside the point since he is deemed NOT subject to disqualification under Sec 40 (b) of the LGC. Also, Basco is deemed NOT to have

office as a result of an administrative case from running for any elective position. However, it does NOT

apply retroactively to those removed from office before it took effect on January 1, 1992. Well-settled is the principle that while the Legislature has the power to pass retroactive laws which do not impair the

obligation of contracts, or affect injuriously vested rights, it is equally

circumvented the prohibition in the

Tordesillas decision since under the former Civil Service Decree, (the law applicable at the time of the decision) reinstatement referred only to an appointive position. Moreover, there is no reason why the Manila City BOC should not have proclaimed Basco as the sixth winning City Councilor. Absent any determination of irregularity in the election returns, as well as an order enjoining the canvassing and proclamation of the winner, it is a mandatory and

candidate disqualified. Joson

since

Basco

was

not

v.

Executive

Secretary Torres Members of the Sangguniang

Panlalawigan of Nueva Ecija filed a letter-complaint with the Office of the President Governor charging Joson with petitioner grave

misconduct and abuse of authority, praying for his suspension and

removal from office. Governor Joson had allegedly barged into the Hall during a scheduled session of the SP and angrily kicked the door and chairs in the Hall and uttered

ministerial duty of the Board of Canvassers concerned to count the votes based on such returns and declare the result. Lastly, Romualdo S. Maranan, the seventh placer, may NOT be legally declared a winning

threatening words at respondents while men with firearms encircled the area. Acting on the complaint,

President Ramos ordered Secretary

of Internal and Local Government Robert Barbers take appropriate preemptive and investigative actions, but to break not the peace. Upon recommendation of Secretary

finding was based on the position papers and affidavits of witnesses submitted by the parties. The

Executive Secretary, by authority of the President, then adopted the findings and recommendation of the DILG Secretary and imposed a sixmonth suspension. Joson now

Barbers, Executive Secretary Ruben Torres issued an order, by authority of the President, placing petitioner under preventive suspension for sixty (60) days pending investigation of the charges against him. Joson filed a petition for certiorari and prohibition with the Court of Appeals challenging the order of preventive suspension and the order of default, which was dismissed. Petitioner alleges that subsequent to the institution of this petition, the SILG rendered a

questions the CA decision affirming his preventive suspension and the implementation Resoultion investigation. HELD: An administrative complaint against an elective official must be verified and filed with the proper government office. A complaint of without the SILG formal

against an elective provincial or city official must be filed with the Office of the President, one against an elective

resolution on the case finding him guilty of the offenses charged, whose

municipal official must be filed with the Sangguniang Panlalawigan, while that of a barangay official must be filed before the Sangguniang

Disciplining Authority (the President or the Executive Secretary) and the Investigating Authority (the DILG, as per A. O. No. 23). What is delegated is the power to investigate, not the power to discipline. The DILG did not err when it recommended preventive suspension, which may be imposed by the Disciplining Authority at any time (a) after the issues are joined; (b) when the evidence of guilt is strong; and (c) given the gravity of the offense, there is great probability that the respondent, who continues to hold office, could influence the

Panlungsod or Sangguniang Bayan. Joson is an elective provincial official, thus the complaint against him was properly filed with the Office of the President. According to petitioner, the complaint was not verified by private respondents. However, the defect

was not fatal. The requirement was deemed waived by the President himself when he acted also on the

complaint.

Petitioner

claims

undue delegation of the disciplining authority to the DILG. Jurisdiction over administrative disciplinary

witnesses or pose a threat to the safety and integrity of the records and other evidence. However, the rejection of petitioner's right to a formal investigation denied him

actions against elective local officials is lodged in two authorities: the

procedural due process. The records show that petitioner filed a motion for formal investigation. An erring

hearing in administrative cases is expressly allowed with respect to appointive officials but not to those elected. An elective official, elected by popular vote, is directly

elective local official has rights akin to the constitutional rights of an

accused. These rights are essentially part of procedural due process. The local elective official has the (1) right to appear and defend himself in person or by counsel; (2) the right to confront and cross-examine the

responsible to the community that elected him. Suspension and removal are thus imposed only after the elective official is accorded his rights and the evidence against him

strongly dictates their imposition. Conducto v. Monzon Judge Iluminado Monzon was

witnesses against him; and (3) the right to compulsory attendance of witness and the production of

documentary evidence. Petitioner's right to a formal investigation was not satisfied when the complaint against him was decided on the basis of position papers. The procedure of requiring position papers in lieu of a

charged with ignorance of the law for deliberately refusing to suspend a barangay chairman who was charged with unlawful appointment before his sala. Barangay chairman Benjamin

Maghirang was charged with violation of Section 394 of the Local

Government Code and Article 244 of the Revised his Penal Code for as

motion for suspension was filed pursuant to Sec. 13 of RA 3019 or the Anti Graft and Corrupt Practices Act (which provides that any

appointing

sister-in-law

barangay secretary.

The Office of

the City Prosecutor dismissed the complaint, stating that the

incumbent public officer or official under criminal prosecution under Title 7, Book II of the RPC shall be suspended). Respondent judge

appointment was made before the effectivity of the Local Government Code of 1991. Complainant was

denied the motion on the ground that offenses committed during a prior term shall not be cause for

later able to secure an Opinion from the DILG Director Jacob Montesa, which declared that the appointment issued by Maghirang to his sister-inlaw violated the Local Government Code in effect prior to that of 1991. This prompted the Office of the City Prosecutor to file an information with the Municipal Trial Court of San Pablo. Respondent judge issued a A

suspension during the present term. In denying a motion for

reconsideration of the same, Monzon stated that preventive suspension only applies if case there is an the

administrative

against

official filed at the same time as the criminal charge.

warrant for Maghirangs arrest.

HELD: There is misplaced reliance by the judge upon the case of Pascual vs Provincial Board of Nueva Ecija. The doctrine of forgiveness or condonation finds no application in criminal liability. It was subsequently held in Ingco vs. Sanchez that the reelection of a public officer does not wipe away any criminal liability

given a warning against committing similar acts in the future. Pablico v. Villapando An administrative complaint was filed with the Sangguniang Panlalawigan of Palawan against then Mayor of San Vicente, Palawan Alejandro

Villapando for abuse of authority and culpable violation of the Constitution because he entered into a

incurred by him in a previous term. Section 13 of RA 3019 makes it mandatory upon the Court to

consultancy agreement with Orlando Tiape, a defeated mayoralty

suspend any public officer against whom a valid information is filed for a violation of Title 7, Book II of the RPC or any offense involving fraud upon government or public funds or

candidate. Complainants argue that this amounted to appointment to a government prohibited position one-year within period the under

property. Respondent judge is fined P5,000 for ignorance of the law and

Article IX-B, Sec. 6 of the 1987 Constitution. The Sangguniang

Panlalawigan found respondent guilty and imposed on him the penalty of

dismissal from service, and was affirmed by the Office of the

the Sangguniang Panlalawigan), no rule or regulation may alter, amend, or contravene a provision of law such as the LGC. Such power to remove elective local officials from service is lodged exclusively with the courts. Sangguniang Barangay of Don Mariano v. Punong Barangay Martines Severino administratively Martinez charged was with

President. Vice-mayor Pablico took his oath as municipal mayor in place of Villapando. The Court of Appeals declared the decisions of the SP and OP void, and ordered Pablico to vacate the Office of the Mayor of San Vicente, Palawan. HELD: The last paragraph of Sec. 60 of the Local Government Code

clearly provides that the dismissal from service of an erring elective local official may only be decreed by a court of law. Although Article

Dishonesty and Graft and Corruption by petitioner through the filing of a verified complaint Bayan before as the the

Sangguniang

124(b), Rule XIX of the Rules and Regulations Implementing the Local Government Code adds that such removal may be had by the

disciplining authority over elective barangay officials pursuant to Section 64 of RA 7160. The complaint was later amended for Dishonesty,

disciplining authority (pertaining to

Misconduct in Office and Violation of

the Anti-Graft and Corrupt Practices Act. The Sangguniang Bayan rendered its Decision which imposed upon

power officials

to

remove

elective During

local the

from

office.

deliberations of the Senate on the Local Government Code,[16] the

Martinez the penalty of removal from office. The decision was conveyed to the mayor of Bayombong, Nueva Ecija. The mayor, however, issued a Memo wherein he stated that the Sangguniang Bayan has no power to order Martinez removal from office. However, the decision remains valid until reversed. WON the Sanggunian may remove Martinez, an elective local official, from office. Held: No.

legislative intent to confine to the courts, i.e., RTCs, the

Sandiganbayan and the appellate courts, jurisdiction over cases

involving the removal of elective local officials was evident. In Salalima v. Guingona, Jr., the Court en banc categorically ruled that the Office of the President is without any power to remove the elected is

officials,

since

power

exclusively vested in the proper courts as expressly provided for in the last paragraph of Section 60 of the LGC. It further invalidated Article 125, Rule XIX of IRR. The Court

Section 60 of the Local Government Code conferred upon the courts the

nullified the rule since the Oversight Committee that prepared the Rules and Regulations Code of the Local its

further claims that the courts are merely tasked with issuing the order of removal, after the Sangguniang Panlungsod or Sangguniang Bayan finds that a penalty of removal is warranted. The aforementioned position put

Government

exceeded

authority when it granted to the disciplining authority the power to remove elective officials, a power which the law itself granted only to the proper courts. Thus, it is clear that under the law, the Sangguniang Bayan is not vested with the power to remove Martinez. Petitioner administrative contends cases that involving

forward by the petitioner would run counter to the rationale for making the removal of elective officials an exclusive judicial prerogative. In

Pablico v. Villapando,

the court

declared that:The law on suspension or removal of elective public officials must be strictly construed and

elective barangay officials may be filed with, heard and decided by the Sangguniang Sangguniang Panlungsod Bayan or

applied, and the authority in whom such power of suspension or removal is vested must exercise it with utmost good faith, for what is involved is not just an ordinary public official but one

concerned,

which can, thereafter, impose a penalty of removal from office. It

chosen by the people through the exercise of their constitutional right of suffrage. Their will must not be put to naught by the caprice or partisanship of the disciplining authority. Where the disciplining authority is given only the power to suspend and not the power to remove, it should not be permitted to manipulate the law by usurping the power to remove.

administrative case against an erring elective barangay official before the Sangguniang Panlungsod or

Sangguniang Bayan. However, the Sangguniang Panlungsod or

Sangguniang Bayan cannot order the removal of an erring elective

barangay official from office, as the courts are exclusively vested with this power under Section 60 of the Local Government Code. Thus, if the acts allegedly committed by the barangay official are of a grave nature and, if found guilty, would merit the penalty of removal from office, the case should be filed with the regional trial court. Once the court assumes

(Emphasis supplied.) The rule which confers to the proper courts the power to remove an elective local official from office is intended as a check against any capriciousness or partisan activity by the disciplining authority. As the law stands, Section 61 of the Local Government Code provides for the procedure for the filing of an

jurisdiction, it retains jurisdiction over the case even if it would be

subsequently apparent during the

trial that a penalty less than removal from office is appropriate. On the other hand, the most extreme penalty that the Sangguniang Panlungsod or Sangguniang Bayan may impose on the erring elective barangay official is suspension; if it deems that the removal of the official from service is warranted, then it can resolve that the proper charges be filed in court. The doctrine of separation of powers is not absolute in its application; rather, it should be applied in

discipline rather,

local

elective

officials; from

they are

prevented

imposing the extreme penalty of dismissal. Cases of Sexual Harassment

versus elective local government officials and local government

employees, heads of departments Civil Service Administrative Rule on Sexual Harassment and RA No 7877 See attachments Book I, Title 2, Chapter 4, LGC (Sec 60 68) See above B. Disciplinary Actions over

accordance with the principle of checks and balances. The removal from office of elective officials must not be tainted with partisan politics and used to defeat the will of the voting public. The local government units are not deprived of the right to

Local Appointive Officials Sec 84 89, LGC

Administrative discipline (Sec 84) Investigation administrative appointive employees and adjudication of

Pending investigation after filing of administrative charges

complaints local as officials well as

against and their

against the subordinate official or employee which involves: o Dishonesty o Oppression o Grave misconduct o Neglect in the

suspension and removal shall be in accordance with the civil service law and rules and other pertinent laws. The results of such administrative investigations shall be reported to the Civil Service Commission. Preventive suspension of appointive local officials and employees (Sec 85) Who may impose: The local chief executive

performance of duty o If there is reason that to the

believe

respondent is guilty of the charges which would

warrant his removal from the service Duration of Preventive Suspension:

When to impose: Not exceeding sixty (60) days

What

happens

after

preventive

How performed: The person or committee duly

suspension: The suspended official shall in be

authorized shall conduct hearings on the cases brought against appointive local officials and employees. The investigating body shall submit their findings and recommendations

automatically

reinstated

office

without prejudice to the continuation of the administrative proceedings against him until its termination. NOTE: If the delay in the

to the local chief executive concerned within fifteen (15) days from

proceedings of the case of the case is due to the fault, neglect, or request of the respondent, the time of the delay shall not be counted in

conclusion of the hearings. Duration Proceedings Judgment): 90 days from the time the of Administrative (Rendition of

computing the period of suspension herein provided. Administrative investigation (Sec 86) Who may perform: Any person or committee duly authorized by the local chief executive

respondent is formally notified of the charges. Disciplinary jurisdiction (Sec 87) Imposable penalties:

1. 2. 3.

Removal from service Demotion in rank Suspension for not more than one (1) year without pay

thirty (30) days

without pay for not more than thirty (30) days

Where to appeal: Civil Service Commission (judgment

4.

Fine

in

an

amount

not

must be rendered within 30 days from receipt of appeal) Execution pending appeal (Sec 88)

exceeding six (6) months salary 5. 6. Appeal4 NOT APPEALABLE If the APPEALABLE penalty If the penalty is Reprimand

An appeal shall not prevent the Other disciplinary actions execution of a decision of removal or suspension appellant. In case the respondent-appellant is EXONERATED, he shall be of a respondent-

imposed is heavier imposed than suspension of suspension

reinstated to his position with all the rights and privileges appurtenant

The provision is unclear whether the imposition of demotion, reprimands etc. are also final and not appealable. The provision speaks only of suspension without pay for not more than thirty days which is not appeable.

thereto from the time he had been deprived thereof.

Prohibited business and pecuniary interest (Sec 89) 1. Engage transaction in any with business the local

of the resources of the LGU to such person or firm; 2. Hold such interests in any cockpit or other games licensed by an LGU; 3. Purchase any real estate or other property forfeited in favor of such LGU

government unit in which he is: a. an official, or b. employee, o c. over which he has the power of supervision, or with any of its d. authorized boards, e. officials, f. agents, or g. attorney, whereby money is to be paid, or property or anything of value is to be transferred, directly or indirectly, out

a. for

unpaid

taxes

or

assessment, or b. by virtue of a legal

process at the instance of the said local official; 4. Be a surety for any person contracting or doing business with the LGU for which a surety is required; and

5. Possess or use any public property of the LGU for private purposes. Other prohibited businesses and

investigation,

then

Quezon

City

Mayor Adelina Rodriguez dismissed the said complaint for against the of

petitioner

insufficiency

interests as provided under R.A. 6713 shall also be applicable. Mendez v. CSC Then Acting Register of Deeds of Quezon City Vicente N. Coloyan filed an administrative complaint against the petitioner, a legal research

evidence. Coloyan appealed to the Merit Systems Protection Board

(MSPB) reversed the decision of the Mayor and dismissed Mendez from the service. The CSC affirmed the MSPB decision. Mendez filed a motion for reconsideration, assailing the reversal of the city mayor's decision by the MSPB and the CSC on the ground that Coloyan is not an aggrieved party or "party adversely affected by the decision" allowed by law to file an appeal. Moreover, the petitioner claimed that his

assistant in the Quezon City Office of the City Attorney, and for Gross

Misconduct

Dishonesty,

allegedly for having torn off a portion of Transfer Certificate of Title No. 209287 from the registry book of Quezon City and for having pocketed it. After three months of

exoneration by the city mayor is

unappealable pursuant to Section 37, paragraph (b) of P.D. 807. HELD: P.D. 807, otherwise known as The Philippine Civil Service Law, does not contemplate a review of decisions employees exonerating from officers or

allowable, shall be made by the party adversely affected by the

decision . . ."

The phrase "party

adversely affected by the decision" refers to the government employee against whom the administrative case is filed for the purpose of disciplinary action which may take the form of suspension, demotion in rank or salary, transfer, removal or dismissal from office. In the instant case, Coloyan, who filed the appeal, cannot be considered an aggrieved party because he is not the respondent in the administrative case below.

administrative

charges. Section 37 paragraph (a) thereof, provides: "The Commission shall decide upon appeal all

administrative

disciplinary

cases

involving the imposition of a penalty of suspension for more than thirty days, or fine in an amount exceeding thirty days' salary, demotion in rank or salary or transfer, removal or dismissal from office " Said provision must be read together with Section 39 paragraph (a) of P.D. 805 which contemplates: "Appeals, where

Moreover, The remedy of appeal may be availed of only in a case where the respondent is found guilty of the charges filed against him. But when the respondent is exonerated of said

charges, as in this case, there is no occasion for appeal. The CSC

Secretary. for

Chang filed a complaint with preliminary

prohibition

decision is set aside and the decision of the Quezon City Mayor is

injunction with the lower court. The trial court found in that in order for preventive suspension to take effect, there are two steps involved: 1) service of the copy the order on the respondent, and 2) designation of his replacement. The order of preventive

reinstated

(Complaint

against

Mendez dismissed). Macalingag and Carlos v. Chang Pursuant to an administrative charge against him for dishonesty, neglect of duty, and act prejudicial to the best interest of the service, an Order of Preventive suspension was issued against Roberto Chang, then the acting municipal treasurer of Makati. Said Order was signed by Lorinda Carlos, the Executive director of the Bureau of Local Government, and Victor Macalincag, Undersecretary of Finance, who was then the acting

suspension was held to have been incomplete and without effect since an acting municipal treasurer had yet to be appointed to replace Chang. HELD: Preventive suspension is

governed by Sec. 41 of P.D. 807 or the Civil Service Law, which does not require a replacement to be

designated for the Order to take effect. BP 337 (the LGC in effect at the time) provides for the automatic

assumption of the assistant municipal treasurer or next in rank officer in case of suspension of the municipal treasurer. There can be no question that the Order of Preventive

Treasurer unquestionably falls under the Department of Finance. Hence, the Secretary of Finance is the proper disciplining authority to issue the preventive suspension order.

Suspension became effective upon respondent Changs receipt thereof. Chang argues that EO 392, which gave rise to the creation of the Metropolitan Manila Authority, vested in the President of the Philippines the power to appoint the municipal

Even assuming that the power to appoint includes the power to

discipline (as argued by Chang), Acting Secretary Macalingag, as

Secretary of Finance, is the alter ego of the President. It is therefore within his authority to preventively suspend Chang. Garcia v. Pajaro and the City of Dagupan Sebastian Garcia is an employee at the City Treasurers Office, Dagupan City. He was ordered suspended by City Treasurer Juanito Pajaro and directed the withholding of his salary

treasurer, and thus only the President may suspend or remove him.

However, Section 8 of EO 392 provides that the appointments made by the President of the Philippines shall be subject to the Civil Service Law, rules and regulations.

Moreover, the Office of the Municipal

because of the Formal Charge filed against him. However, Pajaro

proceeded

with

an

ex

parte

investigation. The Bureau of Local Government Finance favorably

continued reporting for work because he did not honor the suspension order as the City Treasurer acted as the complainant and that there was no complaint against him from the Office of the City Mayor. Juanito Pajaro, the City Treasurer of Dagupan City, claimed that Garcia has been rating unsatisfactory in his performance for several semesters, which is the reason why he was formally charged. Garcia was

approved the suspension. This was affirmed by the Regional Director. Affirming the RTC Decision, the CA held that private respondent was vested with legal power and authority to institute disciplinary action against subordinate officers and employees. The appellate court further held that the requisites of administrative due process had been fully observed by Pajaro while investigating petitioner. But despite being informed of the charges against him and being given the opportunity to be heard in a formal investigation, petitioner chose not to answer those charges.

preventively suspended for ninety days since the charge is a major offense. An investigation was

scheduled but Garcia failed to appear and testify. Garcia also did not answer the subpoena. So, Pajaro

HELD: Under the old and the present Local Government Codes, appointive officers and employees of local

employees in the government. They may be removed or dismissed

summarily (1) [w]hen the charge is serious and the evidence of guilt is strong; (2) [w]hen the respondent is a recidivist x x x; and (3) [w]hen the respondent undesirable. is Technical notoriously rules of

government units are covered by the Civil Service Law; and such rules, regulations and other issuances duly promulgated pursuant thereto, unless otherwise specified. Moreover, the

investigation and the adjudication of administrative appointive employees, complaints local as officials well as against and their

procedure and evidence are not strictly applied; due process in the administrative context cannot be fully equated with that in the strict judicial sense. The power to discipline is specifically granted by Section 47 of the

suspension and removal, shall be in accordance with the Civil Service Law and rules and other pertinent laws. The Administrative Code of 1987, -specifically Book V on the civil service -is the primary law

Administrative Code of 1987 to heads of departments, agencies provinces and and

instrumentalities,

cities. On the other hand, the power to commence administrative

governing appointive officials and

proceedings against a subordinate officer or employee is granted by Section 34 of the Omnibus Rules Implementing Book V of the said Administrative Code to the secretary of a department, the head of office of equivalent rank, the head of a local government unit, the chief of an agency, the regional director or a person with a sworn written

or an assessment office to start administrative against disciplinary or action

officers

employees In the case at

subordinate to them.

bar, the city treasurer is the proper disciplining authority referred to in Section 47 of the Administrative Code of 1987. The term agency refers to any of the various units of the government including a

complaint. Further, the city treasurer may institute, motu propio,

department, a bureau, an office, an instrumentality, a government-owned or controlled corporation, or a local government or a distinct unit therein. Respondent Pajaro, as the city

disciplinary proceedings against a subordinate Local officer or employee. Regulations

Administrative

(LAR) No. 2-85, which was issued by the Ministry of Finance on March 27, 1985, authorized the minister (now secretary) of finance, the regional director, and head of a local treasury

treasurer, was the head of the Office of the Treasurer; while petitioner, a senior revenue collector, was an officer under him. Thus, the city

treasurer is the proper disciplining

authority

who

could

investigate

essence of due process is simply the opportunity to explain ones side. Such process requires notice and an opportunity to be heard before

petitioner and issue a preventive suspension order against him. Likewise, the old Local Government Code does not vest in city mayors the sole power to discipline and to institute criminal or administrative actions against any officers or

judgment is rendered. One may be heard, not solely by verbal

presentation in an oral argument, but also -- and perhaps even many times more creditably and practicably -through pleadings. So long as the parties are given the opportunity to explain their side, the requirements of due process are satisfactorily

employees under their jurisdiction. In fact, there is no provision under the present Local Government Code

expressly rescinding the authority of the Department of Finance to

exercise disciplinary authority over its employees. By the same token, there is nothing that prohibits the city treasurer from filing a complaint against petitioner. Due process has not been violated. In an administrative proceeding, the

complied with. This constitutional mandate is deemed satisfied if a person is granted an opportunity to seek reconsideration of an action or a ruling. In the case at bar, the administrative proceedings were conducted in

accordance with the procedure set out in the 1987 Administrative Code and other pertinent laws. First,

Respondent Pajaros findings in its August 1, 1991 Decision.

petitioner was furnished a copy of the May 30, 1990 formal charge against him. Second, Pajaro requested the approval of the Order of Preventive Suspension in his June 1, 1990 letter addressed to the Bureau of Local Government Finance regional

director, who approved the Order in the First Indorsement dated June 4, 1990. Third, a subpoena dated July 31, 1990 was issued to petitioner ordering him to testify during an investigation on August 15, 1990. However, he admittedly refused to attend the investigation; thus, it was conducted ex parte. Department of Fourth, the affirmed

Finance

Recall

Sec 69-75, LGC See above RA 9244 See attachments This amends Sec 70 71 of the LGC Rivera v. Comelec In the May 2004 Synchronized

candidacy on the ground that the was elected and had served three

previous consecutive terms as mayor of Mabalacat contrary to RA 43(b) of RA 7160.Morales admitted that he was elected mayor of Mabalacat for the term commencing July 1, 1995 to June 30, 1998 (first term) and July 1, 2001 to June 30, 2004 (third term), but he served the second term from July 1, 1998 to June 30, 2001 only as a caretaker of the office or as a de facto officer because he was not validly elected as his proclamation as mayor was declared void by the RTC and thereafter, he was preventively suspended by the ombudsman. The

National and Local Elections, Marino Morales ran as candidate for mayor of Mabalacat. On January 5, 2004, he filed his Certificate of Candidacy. On January 10, petitioners filed before the COMELEC a petition to cancel Morales certificate of

COMELEC ruled that Morales was disqualified to run for public office. Morales MR was however granted. The COMELEC ruled that his

term

1998

to

2001.

Comelec

affirmed. HELD: Morales is disqualified from running as mayor. In Ong v. Alegre the Court held, thus: For the three-term limit for elective local government officials to apply,

proclamation before was void and that the discharge of the duties is that of a de facto mayor. In the other case filed by Anthony Dee: After Morales was proclaimed as the duly elected mayor, Anthony Dee filed a petition for quo warranto before the RTC. Dee reiterated the previous arguments of petitioners. The RTC dismissed Dees petition for quo warranto on the ground that Morales did not serve the three-term limit since he was not the duly elected mayor of Mabalacat, but Dee in the May 1998 elections for the

two conditions or requisites must concur, to wit: (1) that the official concerned has been elected for three (3) consecutive terms in the same local government post, and (2) that he has fully served three (3)

consecutive terms. Here, Morales was elected for the term July 1, 1998 to June 30, 2001. He assumed the position. He served as mayor until June 30, 2001. He

was mayor for the entire period

notwithstanding the Decision of the RTC in the electoral protest case filed by petitioner Dee ousting him

freedom to choose those who will govern them in order to avoid the evil of a single person accumulating excessive power over a particular territorial jurisdiction as a result of a prolonged stay in the same office. Morales maintains that he served his second term (1998 to 2001) only as a caretaker of the office or as a de facto officer. Section 8, Article X of

(respondent) as mayor. To reiterate, as held in Ong v. Alegre, such circumstance does not constitute an interruption in serving the full term. Section 8, Article X of the

Constitution can not be more clear and explicit. Respondent Morales is now serving his fourth term. He has been mayor of Mabalacat

the Constitution is violated and its purpose defeated when an official serves in the same position for three consecutive terms. Whether as

continuously without any break since July 1, 1995. In just over a month, by June 30, 2007, he will have been mayor of Mabalacat for twelve (12) continuous years. This Court reiterates that the framers of the Constitution specifically

caretaker or de facto officer, he exercises the powers and enjoys the prerequisites of the office which enables him to stay on indefinitely. Morales should be promptly ousted from the position of mayor of

included an exception to the peoples

Mabalacat. Having found respondent Morales ineligible, his Certificate of Candidacy dated December 30, 2003 should be cancelled. In the light of

vacancy in the contested office has occurred. This should now be filled by the vice-mayor in accordance with Section 44 of the Local Government Code. Evardone v. Comelec Felipe Evardone the mayor of Sulat, Eastern Samar, having been elected to the position during the 1988 local elections. He assumed office

the foregoing, Morales cannot be considered a candidate in the May 2004 elections. Not being a

candidate, the votes cast for him SHOULD NOT BE COUNTED and must be considered stray votes. Since respondent Morales is

DISQUALIFIED from continuing to serve as mayor of Mabalacat, the instant petition for quo warranto has become moot. In Labo v. Comelec, this Court has ruled that a second place candidate cannot be proclaimed as a substitute winner. As a consequence of

immediately after proclamation. In 1990, Alexander R. Apelado,

Victozino E. Aclan and Noel A. Nival filed a petition for the recall of Evardone with the Office of the Local Election Registrar, Municipality of Sulat. The Comelec approving of issued the a the

Resolution

recommendation

Election

petitioners ineligibility, a permanent

Registrar Vedasto Sumbilla to hold

the signing of petition for recall against Evardone. Evardone filed a petition for prohibition with urgent prayer of restraining order and/or writ of preliminary injunction. Later, in an en banc resolution, the Comelec nullified the signing process for being violative of the TRO of the court. Hence, this present petition. HELD: Article XVIII, Section 3 of the 1987 Constitution express provides that all existing laws not inconsistent with the 1987 Constitution shall remain operative, until amended, repealed or revoked. Republic Act No. 7160 providing for the Local Government Code of 1991, approved by the President on 10 October 1991, specifically repeals B.P. Blg. 337 as provided in Sec. 534, Title Four of

said Act. But the Local Government Code of 1991 will take effect only on 1 January 1992 and therefore the old Local Government Code (B.P. Blg. 337) is still the law applicable to the present case. Prior to the enactment of the new Local Government Code, the effectiveness of B.P. Blg. 337 was expressly recognized in the proceedings Constitutional of the 1986 We

Commission.

therefore rule that Resolution No. 2272 promulgated by the COMELEC is valid and constitutional.

Consequently, the the COMELEC had the authority to approve the petition for recall and set the date for the signing of said petition. In the present case, the records show that Evardone knew of the Notice of

Recall filed by Apelado, on or about 21 February 1990 as evidenced by the Registry Return Receipt; yet, he was not vigilant in following up and determining the outcome of such notice. Despite his urgent prayer for the issuance of a TRO, Evardone filed the petition for prohibition only on 10 July 1990. The Court issued a TRO on 12 July 1990 but the signing of the petition for recall took place just the same on the scheduled date through no fault of the COMELEC and Apelado. The signing process was undertaken by the constituents of the Municipality of Sulat and its Election Registrar in good faith and without knowledge of the TRO earlier issued by this Court. As attested by Election Registrar Sumbilla, about

2,050 of the 6,090 registered voters of Sulat, Eastern Samar or about 34% signed the petition for recall. The right to recall is complementary to the right to elect or appoint. It is included in the right of suffrage. It is based on the theory that the

electorate must maintain a direct and elastic control over public

functionaries. It is also predicated upon the idea that a public office is "burdened" with public interests and that the representatives of the people holding public offices are simply agents or servants of the people with definite powers and specific duties to perform and to follow if they wish to remain in their respective offices. Whether or not the electorate of Sulat has lost confidence in the incumbent

mayor is a political question. It belongs to the realm of politics where only the people are the judge. Loss of confidence is the formal withdrawal by an electorate of their trust in a person's ability to discharge his office previously bestowed on him by the same electorate. The constituents have made a judgment and their will to recall Evardone has already been ascertained and must be afforded the highest respect. Thus, the signing process held last 14 July 1990 for the recall of Mayor Felipe P. Evardone of said municipality is valid and has legal effect. However, recall at this time is no longer possible because of the

mandated a synchronized national and local election prior to 30 June 1992, or more specifically, as

provided for in Article XVIII, Sec. 5 on the second Monday of May, 1992. Thus, to hold an election on recall approximately seven (7) months

before the regular local election will be violative of the above provisions of the applicable Local Government Code Garcia v. Comelec Enrique Garcia was elected governor of the province of Bataan. Some mayors, vice-mayors and members of the Sangguniang Bayan of the twelve (12) municipalities of the province constituted themselves into a Preparatory Recall Assembly to initiate the recall election of Garcia.

limitation provided in Sec. 55 (2) of B.P. Blg, 337. The Constitution has

The mayor of Mariveles, Honorable Oscar, de los Reyes, and the mayor of Dinalupihan, the Honorable Lucila Payumo, were chosen as Presiding Officer and Secretary of the

with the SC on the ground that section 70 of R.A. 7160 allowing recall through the initiative of the PRAC is unconstitutional because: (1) the people have the sole and exclusive right to decide whether or not to initiate proceedings, and (2) that the initiation of a recall through the PRA had de facto recalled Garcia from office and it effectively shortens and ends the term of the incumbent local officials and (3 )it violated the right of elected local public officials belonging to the political minority to equal protection of law. They also argued that the proceedings followed by the PRAC in passing Resolution No. I suffered from numerous

Assembly, respectively. Thereafter, the Vice-Mayor Ruben of Limay, Roque, the was

Honorable

recognized and he moved that a resolution be passed for the recall of the petitioner on the ground of "loss of confidence." The motion was

"unanimously seconded." Petitioners filed with the COMELEC a petition to deny due course to the Resolution for failure to comply with the

requirements under the LGC, which dismissed the petition and scheduled the recall election. Petitioners filed a petition for certiorari and prohibition

defects, the most fatal of which was the deliberate failure to send notices

of the meeting to sixty-five (65) members of the assembly. The Court granted petition on the narrow ground that sending of selective notices to members of the PRAC violated the due process protection of the

were two (2) principal reasons why this alternative mode of initiating the recall process thru an assembly was adopted, viz: (a) to diminish the difficulty of initiating recall thru the direct action of the people; and (b) to cut down on its expenses. Our lawmakers took note of the

Constitution and fatally flawed the enactment of Resolution No. 1.

Requirement of notice is mandatory and its non-observance is fatal to the validity of the resolution to recall Garcia as Governor. Petitioners then filed again Urgent Petition reiterating their contention that section 70 of RA 7160 is unconstitutional. HELD: Section 70 of R.A. 7160 allowing recall through the initiative of the PRAC is constitutional. As to the first contention, the Court stated that the legislative records reveal there

undesirable fact that the mechanism initiating recall by direct action of the electorate was utilized only once in the City of Angeles, Pampanga, but even this lone attempt to recall the city mayor failed. This initiatory

process by direct action of the people was too cumbersome, too expensive and almost impossible to implement. Consequently, our legislators added in the a second mode of initiating the recall of local officials thru a

preparatory recall assembly. To be sure, there is that nothing will in the

initiative, and referendum . . ." By this constitutional mandate, Congress

Constitution

remotely

was clearly given the power to choose the effective mechanisms of recall as its discernment dictates. Using its constitutionally granted

suggest that the people have the "sole and exclusive right to decide on whether to initiate a recall

proceeding." The Constitution did not provide for any mode, let alone a single mode, of initiating recall

discretion, Congress deemed it wise to enact an alternative mode of initiating recall elections to

elections. Neither did it prohibit the adoption initiating of multiple modes of The

supplement the former mode of initiation by direct action of the people. choice Congress has made as called and it for is by not its the the

recall

elections.

mandate given by section 3 of Article X of the Constitution is for Congress to "enact a local government code which shall provide for a more responsive and accountable local government system effective of structure through a

Constitution

prerogative of this Court to supplant this judgment. The choice may be erroneous but even then, the remedy against a bad law is to seek its amendment legislative. or By repeal the by the of

decentralization of

with recall,

mechanisms

principle

separation legislative

of that

powers,

it

is

the the

people elected

to

their to

representatives, act as a

determines

either

necessity, adequacy, wisdom and expediency of any law. As to the second contention, the Court held that Petitioners have misconstrued the nature of the

constitutional convention or as a congressional constituent assembly. More far out is petitioners' stance that a PRA resolution of recall is the recall itself. It cannot be seriously doubted that a PRA resolution of recall merely, starts the process. It is part of the process but is not the whole process. This ought to be self evident for a PRA resolution of recall that is not submitted to the COMELEC for validation will not recall its subject official. Likewise, a PRA resolution of recall that is rejected by the people in the election called for the purpose bears no effect whatsoever. The initiatory resolution merely sets the stage for the official concerned to

initiatory process of recall by the PRAC. They have embraced the view that initiation by the PRAC is not initiation by the people. This is a misimpression for initiation by the PRAC is also initiation by the people, albeit done indirectly through their representatives. It is not

constitutionally impermissible for the people to act through their elected representatives. Nothing less than the paramount task of drafting our Constitution is delegated by the

appear before the tribunal of the people so he can justify why he should be allowed to continue in office. Before the people render their sovereign judgment, the official

recall proceedings only against their political opponents especially those belonging to the minority. A careful reading of the law, however, will ineluctably show that it does not give an asymmetrical treatment to locally elected officials belonging to the political minority. First to be

concerned remains in office but his right to continue in office is subject to question. This is clear in section 72 of the Local Government Code which states that "the recall of an elective local official shall be effective only upon the election and proclamation of a successor in the person of the candidate receiving the highest

considered is the politically neutral composition of the preparatory recall assembly, all mayors, vice-mayors and sangguniang members of the municipalities and component cities are made members of the

number of votes cast during the election on recall." As to the third contention, the fear is expressed that the members of the PRAC may inject political color in their decision as they may initiate

preparatory recall assembly at the provincial level. Its membership is not apportioned to political parties. No significance is given to the political affiliation of its members. Secondly, the preparatory recall assembly, at

the provincial level includes all the elected officials in the province their

or the Preparatory Recall Assembly may resolve to recall any local elective officials without specifying any particular ground except loss of confidence. There is no need for them to bring up any charge of abuse or corruption against the local

concerned.

Considering

number, the greater probability is that no one political party can control its majority. Thirdly, sec. 69 of the Code provides that the only ground to recall a locally elected public official is loss of confidence of the people. The members of the PRAC are in the PRAC not in representation of their political parties but as

elective officials who are the subject of any recall petition. Paras v. Comelec Danilo E. Paras is the incumbent Punong Barangay of Pula,

representatives of the people. By necessary implication, loss of

Cabanatuan City. A petition for his recall as Punong Barangay was filed by the registered voters of the barangay. The COMELEC scheduled the petition signing on October 14, 1995, and set the recall election on November 13,1995. At least 29.30% of the registered voters signed the

confidence cannot be premised on mere differences in political party affiliation. There is only one ground for the recall of local government officials: loss of confidence. This means that the people may petition

petition, above the 25% requirement provided by law. To prevent the holding petitioner petition of the recall before election, the RTC After

HELD: The issue on recall has become moot and academic. But the Court held that it would be more in keeping with the intent of the recall provision of the Code to construe regular local election as one referring to an election where the office held by the local elective official sought to be recalled will be contested and be filled by the electorate. Petitioner's argument is simple and to the point. Citing Section 74 (b) of Republic Act No. 7160, otherwise known as the Local Government Code, which states that "no recall shall take place within one (1) year from the date of the official's

filed for

injunction.

conducting a summary hearing, the trial court lifted the restraining order, dismissed the petition and required petitioner and his counsel to explain why they should not be cited for contempt for misrepresenting that the barangay recall election was without COMELEC approval. The Comelec again re-scheduled the recall election, hence the instant petition for certiorari with urgent prayer for injunction the issue being WON the recall election to be held on January 13, 1996 is barred by the SK election to be held on May 1996.

assumption to office or one (1) year immediately preceding a regular local election", petitioner insists that the

scheduled January 13, 1996 recall election is now barred as the

Government Code on recall, a mode of removal of public officers by initiation of the people before the end of his term. And if the SK election which is set by R.A No. 7808 to be held every three years from May 1996 were to be deemed within the purview of the phrase "regular local election", as erroneously insisted by petitioner, then no recall election can be conducted rendering inutile the recall provision of the LGC. In the interpretation of a statute, the Court should start with the assumption that the legislature intended to enact an effective law, and the legislature is not presumed to have done a vain thing in the enactment of a statute. An interpretation should, if possible, be avoided under which a statute or

Sangguniang Kabataan (SK) election was set by Republic Act No. 7808 on the first Monday of May 1996, and every three years thereafter. The evident intent of Section 74 is to subject an elective local official to recall election once during his term of office. Paragraph (b) construed

together with paragraph (a) merely designates the period when such elective local official may be subject of a recall election, that is, during the second year of his term of office. Thus, subscribing to petitioner's

interpretation of the phrase regular local election to include the SK election will unduly circumscribe the novel provision of the Local

provision

being

construed

is

of

decentralization

with

effective

defeated, or as otherwise expressed, nullified, repealed, destroyed, explained emasculated, away, or

mechanism of recall, initiative, and referendum . . . ." Finally, recall election is potentially disruptive of the normal working unit expenses, of the local

rendered insignificant, meaningless, inoperative or nugatory. It is likewise a basic precept in statutory

government additional

necessitating hence the

construction that a statute should be interpreted in harmony with the

prohibition against the conduct of recall election one year immediately preceding the regular local election. The proscription is due to the

Constitution. Thus, the interpretation of Section 74 of the Local

Government

Code,

specifically

proximity of the next regular election for the office of the local elective official concerned. The electorate could choose the official's

paragraph (b) thereof, should not be in conflict with the Constitutional mandate of Section 3 of Article X of the Constitution to "enact a local government code which shall provide for a more responsive local and

replacement in the said election who certainly has a longer tenure in office than a successor elected through a recall election. It would, therefore, be more in keeping with the intent of the

accountable

government

structure instituted through a system

recall provision of the Code to construe regular local election as one referring to an election where the office held by the local elective official sought to be and recalled be filled will by be the

and SK chairmen, constituting a majority of the members of the Preparatory Recall Assembly of the City of Caloocan, met, and upon deliberation and election, voted for the approval of Preparatory Recall Assembly Resolution No. 01-96,

contested

electorate. Nevertheless, recall at this time is no longer possible because of the limitation stated under Section 74 (b) of the Code considering that the next regular election involving the barangay office concerned is barely seven (7) months away, the same having been scheduled on May 1997. Malonzo v. Comelec Petitioner was duly elected as Mayor, winning over former Mayor Macario Asistio, Jr. Barely one year into his term, 1,057 Punong Barangays and Sangguniang Barangay members

expressing loss of confidence in Mayor Malonzo, and calling for the initiation of recall proceedings against him. The Comelec declared the recall proceedings to be in order. Mayor Malonzo filed a petition for certiorari with a prayer for TRO assailing the Comelecs resolution. The Petition, in the main, raises the issue of the validity of the institution and

proceedings of the recall, putting to fore the propriety of the service of notices to the members of the

Preparatory Recall Assembly, and the proceedings held, resulting in the issuance Resolution. HELD: The Court ruled that notices were properly sent to the members of the PRA and that the proceedings held by the PRA are valid. The Commission regards the sending of notice one thing, and the completion of service thereof another, for indeed, the requirement of notice can only be fully satisfied, if there was not only service, but also completion of of the questioned

the member 's residence or office. Service by registered mail was

evinced by the return card duly signed by the addressee or by persons acting for him. There were instances when notices were served but were refused, this fact noted in the acknowledgment receipt by the server and his witnesses. The

circumstances being thus, it was held that there was complete service of the notices as contemplated in

Section 8, Rule 13 of the Rules of Court. That it was Alex David, President of the LIGA ng mga Barangay who sent the notices is of no moment. As member of the PRA, he can legally exercise to the his

service thereof. Personal services were acknowledged by receipts

signed, if not by the addressee himself, then, as indicated thereon, by his or her spouse, nearest relative or a person of sufficient discretion in

prerogatives membership

attached in the

Preparatory

Recall Assembly, sending notices to the other members of its scheduled convening. It is evident from the foregoing Commission and, so therefore, holds that the the

"respondent Liga is an organization of all barangays. It is not an

organization of barangay captains and kagawads. The barangays are represented in the Liga by the barangay captains as provided under Section 492 LGC. It also provides that the Kagawad may represent the barangay in the absence of the barangay chairman." The Liga ng mga Barangay is undoubtedly an entity distinct from the Preparatory Recall Assembly. It just so happens that the personalities representing the barangays in the Liga are the

requirements of notice had been fully complied with. Needless to state, the issue of propriety of the notices sent to the PRA members is factual in nature, and the determination of the same is therefore a function of the COMELEC. In the absence of patent error, or serious inconsistencies in the findings, the Court should not disturb the same. Petitioner's insistence, that the

very members of the Preparatory Recall Assembly, the majority of whom met on July 7, 1996, and voted in favor of the resolution calling for the recall of Mayor Malonzo, after

initiation of the recall proceedings was infirm since it was convened by the Liga ng mga Barangays, is misplaced. Petitioner observes that

deliberation reported in the record, in accordance with the existing law. Thus, the Punong Barangays and Sangguniang Barangay members

establish. Rules of procedure, simple they may be were formulated.

Deliberations were conducted on the main issue, which was that of

convened and voted as members of the Preparatory Recall Assembly of Caloocan, and not as members of the Liga ng mga Barangay. The recall proceedings, therefore, cannot be denied merit on this ground. Any doubt as to the propriety of the proceedings held during the recall assembly should be laid to rest. As the COMELEC pertinently observes: The Minutes of the session of the Preparatory Assembly indicated that there was a session held. Attendees constitute the majority of all the members of the Preparatory

petitioner's recall. The members were given the opportunity to articulate on their resolve about the matter. More importantly, their sentiments were expressed through their votes

signified by their signatures and thumbmarks affixed to the

Resolution. No proof was adduced by Petitioner to substantiate his claim that the signatures appearing thereon represented a cause other than that of adopting the resolution. The charges of graft and corruption, violence and irregularities, before and during the session of the preparatory recall assembly are largely

Assembly, as we shall later on

uncorroborated, and cannot override the substantiated findings of the respondent COMELEC. Claudio v. Comelec Jovito Claudio was the duly elected mayor of Pasay City in the May 11, 1998 elections. On May 19, 1999, several barangay chairs formed an ad hoc committee for the purpose of convening the PRA. Richard

Oppositions to the petition were filed by Jovito Claudio, Rev. Ronald

Langub, and Roberto L. Angeles, alleging procedural and substantive defects in the petition, to wit: (1) the signatures affixed to the resolution were actually meant to show

attendance at the PRA meeting; (2) most of the signatories were only representatives of the parties

concerned who were sent there merely to observe the proceedings; (3) the convening of the PRA took place within the one-year prohibited period; (4) the election case, filed by Wenceslao Trinidad in this Court, seeking the annulment of the

Advincula was designated chair. The members of the PRA adopted

Resolution No. 01, S-1999, initiating Claudios recall. The petition for recall was filed in the Office of the City Mayor. The COMELEC also posted the petition on the bulletin boards of certain public places.

proclamation of petitioner Claudio as mayor of Pasay City, should first be decided before recall proceedings

against petitioner could be filed; and (5) the recall resolution failed to obtain the majority of all the members of the PRA, considering that 10 were actually double entries, were not duly accredited barangays, members 40 of the

(DILG)

showed

that

the

total

membership of the PRA was 1,876. In either case, since only a majority is required to constitute the PRA,

clearly, a majority had been obtained in support of the recall resolution. Hence, this petition. WON the word "Recall" in Paragraph (b) of 74 of the Local Government Code Includes the Convening of the Preparatory Recall Assembly and the Filing by it of a Recall Resolution Held: Yes.

Sangguniang

Kabataan officials had withdrawn their support, and 60 barangay chairs executed affidavits of retraction. The COMELEC granted the petition and dismissed the opposition. It ruled that the 1,073 members who

attended the May 29, 1999 meeting were more than necessary to

Recall is a process which begins with the convening of the preparatory, recall assembly or the gathering of the signatures at least 25% of the registered voters of a local

constitute the PRA, considering that its records showed the total

membership of the PRA was 1,790, while the statistics of the Department of Interior and Local Government

government unit, and then proceeds to the filing of a recall resolution or

petition with the COMELEC, the verification of such resolution or petition, the fixing of the date of the recall election, and the holding of the election on the scheduled date. However, as used in paragraph (b) of 74, "recall" refers to the election itself by means of which voters decide whether they should retain their local official or elect his

the power vested on the electorate is not the power to initiate recall

proceedings but the power to elect an official into office, the limitations in 74 cannot be deemed to apply to the entire recall proceedings. In other words, the term "recall" in paragraph (b) refers only to the recall election, excluding the convening of the PRA and the filing of a petition for recall with the COMELEC, or the gathering of the signatures of at least 25 % of the voters for a petition for recall. Thus, there may be several PRAs held or petitions for recall filed with the COMELEC - there is no legal limit on the number of times such

replacement. Several reasons can be cited in support of this conclusion. First, 74 deals with restrictions on the power of recall. It is in fact entitled "Limitations on Recall." On the other hand, 69 provides that "the power of recall ...shall be

exercised by the registered voters of a local government unit to which the local elective official belongs." Since

processes may be resorted to. These are merely preliminary steps for the purpose of initiating a recall. The

limitations in 74 apply only to the exercise of the power of recall which is vested in the registered voters. It is this - and not merely, the preliminary steps required to be taken to initiate a recall - which paragraph (b) of 74 seeks to limit by providing that no recall shall take place within one year from the date of assumption of office of an elective local official. The second reason why the term "recall" in paragraph (b) refers to recall election is to be found in the purpose of the limitation itself. There are two limitations in paragraph (b) on the holding of recalls: (1) that no recall shall take place within one year from the date of assumption of office of the official concerned, and (2) that no recall shall take place within one

year immediately preceding a regular local election. The purpose of the first limitation is to provide a reasonable basis for

judging the performance of an "The only logical reason which we can ascribe for requiring the electors to wait one year before petitioning for a recall election is to prevent premature action on their part in voting to remove a newly elected official

before having had sufficient time to evaluate the soundness of his

policies and decisions." The one-year limitation was reckoned as of the filing of a petition for recall because the Municipal Code involved in that case expressly provided that "no removal petition shall be filed against any officer or until he has actually

held

office

for

at

least

twelve

members. The people cannot just be asked on the day of the election to decide on the performance of their officials. formation opinion The of takes crystallization an informed time. To and public hold,

months." But however the period of prohibition principle is determined, is that the the

announced

purpose of the limitation is to provide a reasonable basis for evaluating the performance of an elective local official. Hence, in this case, as long as the election is held outside the one-year period, the preliminary

therefore, that the first limitation in paragraph (b) includes the holding of assemblies for the exchange of ideas and opinions among citizens is to unduly curtail one of the most

proceedings to initiate a recall can be held even before the end of the first year in office of a local official. Third, to construe the term "recall" in paragraph (b) as including the

cherished rights in a free society. Indeed, it is wrong to assume that such assemblies will always

eventuate in a recall election. To the contrary, they may result in the expression incumbent. To sum up, the term "recall" in paragraph (b) refers to the recall of confidence in the

convening of the PRA for the purpose of discussing the performance in office of elective local officials would be to unduly restrict the constitutional right of speech and of assembly of its

election and not to the preliminary proceedings to initiate recall 1. 1. Because on 74 speaks of

3. Because to construe the limitation in paragraph (b) as including the initiation of recall proceedings would unduly curtail freedom of speech and of assembly guaranteed in the

limitations

"recall"

which,

according to 69, is a power which shall be exercised by the registered voters of a local government unit. Since the voters do not exercise such right except in an election, it is clear that the initiation of recall

Constitution. As the recall election in Pasay City is set on April 15, 2000, more than one year after petitioner assumed office as mayor of that city, we hold that there is no bar to its holding on that date. WON the Phrase "Regular Local Election" in the Same Paragraph (b) of 74 of the LGC includes the election period or campaign period? Held: No.

proceedings is not prohibited within the one-year period provided in paragraph (b); 2. Because the purpose of the first limitation in paragraph (b) is to provide voters a sufficient basis for judging an elective local official, and final judging is not done until the day of the election; and

The law is unambiguous in providing that "[n]o recall shall take place within

. . . one (1) year immediately preceding a regular local election." Had Congress intended this limitation to refer to the campaign period, which period is defined in the

paragraph

(b)

as

including

the

campaign period would reduce this period to eight months. Such an interpretation must be rejected,

because it would devitalize the right of recall which is designed to make local government and units" more

Omnibus Election Code, it could have expressly said so. Petitioner's

interpretation would severely limit the period during which a recall election may be held. Actually, because no recall election may be held until one year after the assumption of office of an elective local official, presumably on June 30 following his election, the free period is only the period from July 1 of the following year to about the middle of May of the succeeding year. This is a period of only nine months and 15 days, more or less. To construe the second limitation in

responsive

accountable."

Indeed, there is a distinction between election period and campaign period. Under the Omnibus Election Code, unless otherwise the fixed election by the

COMELEC,

period

commences ninety (90) days before the day of the election and ends thirty (30) days thereafter. Thus, to follow petitioner's interpretation that the second limitation in paragraph (b) includes the "election period" would

emasculate even more a vital right of the people. WON the Recall RESOLUTION was Signed by a Majority of the PRA and Duly Verified Held: Yes.

This contention has no basis. To be sure, this claim is being raised for the first time in this case. It was not raised Although before the the word COMELEC. "Attendance"

appears at the top of the page, it is apparent that it was written by mistake because it was crossed out by two parallel lines drawn across it. Apparently, it was mistaken for the attendance sheet which is a separate document. It is absurd to believe that the 74 members of the PRA who signed the recall resolution signified their attendance at the meeting twice. It is more probable to believe that they signed pages 94-104 to signify their concurrence in the recall

Petitioner contends that a majority of the signatures of the members of the PRA was not obtained because 74 members did not really sign the recall resolution. According to petitioner, the 74 merely signed their names on pages 94-104 of the resolution to signify their attendance and not their concurrence. Petitioner claims that this is shown by the word

"Attendance" written by hand at the top of the page on which the signatures of the 74 begin.

resolution of which the pages in question are part. The other point

raised by petitioner is that the recall petition filed in the COMELEC was not duly verified, because Atty.

Nelson Ng, who notarized it, is not commissioned as notary public for Pasay City but for Makati City. As in the case of the first claim, this issue was not raised before the COMELEC itself. It cannot, therefore, be raised now.

Human Resources and Development

Book I, Title 3, LGC (Sec 76 97) For Sec 84 89, see above Title III Human Resources and Development Organization structure and staffing pattern (Sec 76) In designing and implementing the organizational structure and staffing pattern by the LGU the following factors shall be considered: 1. Service Requirements of the LGU; 2. Financial Capability of the LGU

Subject to the guidelines prescribed by the Civil Service Commission Responsibility for human resources and development (Sec 77) The local chief executive of every LGU shall be responsible for human resources and development of the said LGU. The local chief executive shall take all personnel actions in accordance with the Constitution, pertinent laws, rules and regulations including such policies, guidelines and standards as may be established by the Civil Service Commission.

The local chief executive may employ emergency or casual employees or laborers paid on a daily wage, piecework, or per job order basis for local projects authorized by the

Exception: When specified otherwise by the Local Government Code. Limitation on appointment (Sec 79) No person shall be appointed in the career service of the local

Sangguniang concerned, without the need for approval or attestation by the Civil Service Commission BUT the period of employment of these workers SHALL NOT exceed six (6) months. Civil Service Law, and rules and

government if he is related within the fourth civil degree of consanguinity or affinity to the appointing or

recommending authority. Public notice of vacancy; Personnel Selection Board (Sec 80) Requirement in filling up a vacant career position: Posting of notice of the vacancy in at least three (3) conspicuous public places in the LGU concerned for a period of not less than fifteen (15) days.

regulations,

other

related

issuances (Sec 78) General rule: All matters pertaining to human resources and development in LGUs shall be governed by the Civil Service Law and such rules and regulations and other issuances

promulgated pursuant thereto.

Personnel Selection Board Functions: 1. To assist the local chief

A representative of the Civil Service Commission as an exofficio member;

executive in the judicious and objective selection of personnel for employment and for

The personnel officer of the LGU also as an ex-officio

member. Compensation of local officials

promotion; 2. To assist the local chief

and employees (Sec 81) General rule: It shall be determined by the sanggunian of their respective LGU. Limitations of the rule: 1. The increase in compensation of elective local officials shall take effect only after the terms of office of those approving such increase shall have

executive in the formulation of policies that would contribute to employee welfare. Composition: Headed by the Local Chief Executive; Members shall be determined by resolution of the sanggunian concerned;

expired;

2. The

increase

in

the

entitled

to

such

compensation,

compensation of the appointive officials and employees shall take effect as provided in the ordinance authorizing the such increase; 3. The increases as provided shall not exceed the limitations on budgetary personal allocations services for

allowances, emoluments, and such other privileges as provided under Title 1, Book 3 of LGC. (see Sec. 393, LGC) Elective local officials shall be entitled to the same leave privileges as those enjoyed by appointive local officials, including the cumulation and

provided

commutation thereof. Resignation of elective local officials (Sec 82) Resignation by elective local officials shall be deemed effective only upon acceptance of the proper authorities as shown below: Officials tendering resignation Proper Authority to accept the

under Title 5, Book 2 of LGC; 4. The compensation as provided may be based upon the

pertinent provisions of R.A. 6758. Exception: The punong barangay, the sangguniang barangay members, the SK chairman, the barangay treasurer, and the barangay secretary shall be

resignation

Governors, vicegovernors, and President of the mayors and vicePhilippines mayors of highly urbanized cities

the action taken by the proper authorities accepting the resignation shall be furnished the DILG. The resignation shall be deemed accepted if not acted upon by the authority concerned within fifteen (15) working days from receipt thereof. Irrevocable resignations members shall by be

and independent component cities Municipal mayors, municipal mayors, vicecity Governor

sanggunian

deemed accepted upon presentation before an open session of the sanggunian concerned and duly

mayors and city vice-mayors of Sanggunian Sanggunian which member belongs City or municipal Barangay officials mayor he/she to

component cities

entered in its records. Exceptions: 1. The above rule does not apply to sanggunian members

subject to recall election; Copies of the resignation letters of elective local officials, together with 2. The same does not apply in cases where existing laws

prescribe the manner of acting upon such resignations. Grievance procedure (Sec 83) The local chief executive, of every LGU shall establish a procedure to inquire into, act upon, resolve or settle complaints by and grievances government

Exception: During session hours. Exception to the exception: Doctors of medicine may practice their

profession even during official hours of work ONLY on occasion of

emergency PROVIDED; they do not derive any monetary compensation therefrom. Special rules for Sanggunian

presented employees.

local

Practice of profession (Sec 90) Governors, city and municipal

members who are also lawyers: 1. They shall not appear as

mayors are prohibited from practicing their profession or engaging in any business other than the exercise of their function as local chief

counsel before any court in any civil case wherein an LGU or any office, agency, of the or the adverse

instrumentality government party; is

executives. Sanggunian members may practice their professions, engage in any occupation, or teach in schools.

2. They

shall

not

appear

as

counsel in any criminal case

wherein an officer or employee of the national or local

1. Sworn statements of assets, liabilities and net worth 2. Lists of relatives within the fourth civil or degree affinity of in

government is accused of an offense committed in relation to his office; 3. They shall not collect any fee for their appearance in

consanguinity

government service; 3. Financial interests; 4. Personal data sheets as and business

administrative

proceedings

involving the local government unit of which he is an official; 4. They shall not use property and personnel of the Government except when they are Oath of office (Sec 92) All elective and appointive local officials and employees shall, upon assumption to office, subscribe to an oath or affirmation of office in the prescribed form.

required by law.

defending the interest of the Government. Statement of assets and liabilities (Sec 91) Officials and employees of LGUs shall file their:

The oath or affirmation shall be filed with the office of the local chief executive concerned. A copy of the oath or affirmation of office of all elective and appointive local officials and employees shall be preserved in the individual personal records file under the custody of the personnel office, division, or section of the LGU concerned. Partisan political activity (Sec 93) No local official or career civil service employee shall: 1. Engage directly or indirectly in any partisan political activity or take part in any election,

2. Use his official authority or influence to cause the

performance of any political activity by any person or body. Local officials or career civil service employees MAY express his views on current issues, or mention the names of certain candidates for public office whom he supports. Elective local officials may take part in partisan political and electoral activities BUT it shall be unlawful for them to solicit contributions from their subordinates or subject these

subordinates to any of the prohibited acts under the Omnibus Election Code.

initiative,

referendum,

plebiscite, or recall EXCEPT to vote;

Appointment

of

elective

and

No candidate who lost in any election shall, within one (1) year after such election, be appointed to any office in the Government or any government owned or controlled corporations or their subsidiaries. Exception: Losers in the barangay elections. Additional or double compensation (Sec 95) No elective or appointive local official or employee shall receive additional, double, or indirect compensation. Exception: When specifically allowed by law.

appointive local officials; candidates who lost in an election (Sec 94) No elective of appointive local official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure. No elective or appointive local official shall hold any other office or

employment in the Government or any subdivision, agency or

instrumentality including government owned or controlled corporations or their subsidiaries. Exception: When otherwise allowed by law or by the primary functions of his position (Ex officio positions)

No elective or appointive local official or employee shall accept any

present, emoluments, office, or title of

any

kind

from

any

foreign

The permission shall be given or withheld based on: 1. considerations of pubic interest; 2. financial capability of the local government and 3. urgency of the travel. Should the local chief executive concerned fail to act upon the application within four (4) working days from receipt thereof, it shall be deemed APPROVED. Mayors of component cities and municipalities permission shall of the secure the unit concerned;

government. Exception: When Congress gives consent. Pension and gratuities shall not be considered as additional, double, or indirect compensation. Permission to leave station (sec 96) Provincial, city, municipal, and

barangay appointive officials going on OFFICIAL TRAVEL shall apply and secure written permission from their respective local chief executives before departure. The application (for permission to leave station) shall specify the reason for the travel.

governor

concerned for any travel outside the province.

Local

government

officials

to act for and in his behalf during his absence. Annual report (Sec 97) On or before March 31 of every year, every local chief executive shall submit an annual report to the sanggunian concerned on the socioeconomic, political and peace and order conditions, and other matters concerning the local government unit,

TRAVELING ABROAD shall notify their respective sanggunian

PROVIDED that when the period of travel extends to MORE THAN

THREE (3) MONTHS, during periods of emergency or crisis or when the travel involves the use of public funds, permission from the Office of the President shall be secured. Field officers of national agencies or offices assigned in provinces, cities, municipalities shall not leave their official stations without giving PRIOR WRITTEN NOTICE to the local chief executive concerned. The written notice shall state the duration of the travel and the name of the officer whom he shall designate

which shall cover the immediately preceding calendar year. A copy of the report shall be forwarded to the DILG. Component cities and municipalities shall likewise provide the

sangguniang panlalawigan copies of their respective annual reports.

I.

Practice of Profession by Mayors, Governors and

relation

to

DLG

Memorandum

Circular No. 74-58 of the same department: that on July 8, 1989, Javellana, as counsel for Antonio Javiero and Rolando Catapang, filed

other elective officials Sec 90, LGC See above Javellana v. DILG Attorney Erwin B. Javellana was an elected City Council or of Bago City, Negros Occidental. City Engineer Ernesto C. Divinagracia Case filed against

a case against City Engineer Ernesto C. Divinagracia of Bago City for "Illegal Dismissal and Reinstatement with Damages" putting him in public ridicule: that Javellana also appeared as counsel in several criminal and civil cases in the city, without prior authority Director, of in the DLG Regional of DLG

Administrative

Javellana. Divinagracia's complaint alleged that Javellana has

violation

continuously engaged in the practice of law without securing authority for that purpose from the Regional of Local

Memorandum Circular No. 80-38. Javellana filed a Motion to Dismiss the administrative case against him on the ground mainly that DLG Memorandum Circular Nos. 80-38 and 90-81 are unconstitutional

Director,

Department

Government, as required by DLG Memorandum Circular No. 80-38 in

because the Supreme Court has the sole and exclusive authority to

"(2)

Appear as counsel in any

criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office: "(3) Collect any fee for their in administrative the local

regulate the practice of law. The motion to dismiss was denied. A few months later, the LGC was enacted which provides: "SEC. 90. Practice of Profession. "(b) Sanggunian members may

appearance proceedings

involving

practice their professions, engage in any occupation, or teach in schools except during session hours:

government unit of which he is an official; and "(4) Use property and personnel of the Government except when the sanggunian member concerned is defending the interest of the

Provided, That sanggunian members who are also members of the Bar shall not: "(1) Appear as counsel before any court in any civil case wherein a local government unit or any office,

Government. Javellana thereupon filed this

petition for certiorari praying that DLG Memorandum Circulars Nos. 80-38 and 90-81 and Section 90 of RA

agency, or instrumentality of the government is the adverse party;

7160 be declared unconstitutional and null and void. HELD: The Memorandum Circulars and Section 90 of RA 7160 are constitutional. In the first place,

be a judgment against the City Government. By serving as counsel for the complaining employees and assisting them to prosecute their claims against City Engineer

complaints against public officers and employees relating or incidental to the performance of their duties are necessarily impressed with public interest for by express constitutional mandate, a public office is a public trust. The complaint filed by for Javiero City illegal and

Divinagracia, the petitioner violated Memorandum Circular No. 74-58 (in relation to Section 7[b-2] of RA 6713) prohibiting a government official from engaging in the private practice of his profession, if such practice would represent interests adverse to the government. Petitioner's contention that Section 90 of the Local

dismissal Catapang

against

Engineer

Divinagracia is in effect a complaint against the City Government of Bago City, their real employer, of which petitioner Javellana is a councilman. Hence, judgment against City

Government Code of 1991 and DLG Memorandum Circular No. 90-81 violate Article VIII. Section 5 of the Constitution is completely off tangent. Neither the statute nor the circular trenches upon the Supreme Court's

Engineer Divinagracia, would actually

power and authority to prescribe rules on the practice of law. The Local Government Code and DLG Memorandum Circular No. 90-81 simply prescribe rules of conduct for public officials to avoid conflicts of interest between the discharge of their public duties and the private practice of their profession, in those instances where the law allows it. Section 90 of the Local Government Code does not discriminate against lawyers and doctors. It applies to all provincial and municipal officials in the professions or engaged in any occupation. Section 90 explicitly

hours." If there are some prohibitions that apply particularly to lawyers, it is because of all the professions, the practice of law is more likely than others to relate to, or affect, the area of public service. II. Civil Service Law, Rules and Limitations Appointments; Resignation of Elective Regulations; on

Local Officials; Preventive Suspension of Local

Officials and Employees; Administrative Investigation; Disciplinary Jurisdiction; Additional or Double Compensation

provides that Sanggunian Members "may practice their professions,

engage in any occupation, or teach in schools except during session

Local Boards and Councils

Book I, Titles 4-7 (Sec 98 116) Title IV Local School Boards There shall be established in every province, city, or municipality a

Committee in the Sangguniang Panlalawigan 2. Provincial Treasurer 3. SK Federation

provincial, city or municipal school board respectively. Composition i. Co Chairme n Provincial School Board 1. Provincial

Representative in the Sangguniang Panlalawigan 4. President of the Provincial Federation of

Governor PTA 2. Provincial 5. Division Schools of the teachers Superintendent 1. Chairman of Education Representative

Members

organization the province

in

6. Representative of the non-

Representative in the Sangguniang Panlungsod of 4. President of the City Federation

academic personnel

public schools in the province 5. ii. Co Chairmen City School Board 1. City Mayor 2. City Schools Superintendent Members 1. Chairman Education Committee in the Sangguniang Panlungsod 2. City Treasurer 3. SK Federation iii. Co Chairmen of Division

of PTA Representative of the teachers organization the city Representative of the nonin

academic personnel of

public schools in the city

Municipal School Board 1. Municipal Mayor

2. District Members Supervisor 1. Chairman Education Committee the Sangguniang Bayan 2. Municipal Treasurer 3. SK Federation Representative in the in of

teachers organization in the municipality Representative of the non-

academic personnel of

public schools in municipality the

In the event that a province or a city has two (2) or more school

Sangguniang Bayan 4. President the of

superintendents, and in the event that a municipality has two (2) or more district supervisors, the cochairmen of the local school board shall be determined as follows:

Municipal of

Federation PTA 5. e

Representativ of the

1. The DepEd shall designate the co-chairman for the provincial or city schools board; and 2. The Schools Division

maintenance of public schools within the province, city, or municipality, as the case may be, and the supplementary

Superintendent shall designate the district supervisor who shall serve as co-chairman as in the municipal school board The performance of the duties and responsibilities abovementioned of officials in the their

local costs of meeting such needs, which shall be reflected in the form of an annual school board budget corresponding to its share of the proceeds of the special levy on real property constituting the Special

Education Fund and such other sources of revenue as this Code and other laws or

respective school boards shall no be delegated. Functions of a local school board 1. To determine in accordance with the criteria set by the DepEd, the annual budgetary

ordinances may provide; 2. To authorize the provincial, city or municipal treasurer, as the case may be, to disburse funds from the Special Education

supplementary

needs for the operation and

Fund pursuant to the budget

prepared and in accordance with existing rules and

supervisors, school principals, and other officials. Meetings and quorum

regulations; 3. To serve as an advisory

The local school board shall meet at least once a month or as often as may be necessary. Any of the co-chairmen may call a meeting. A majority of all its members shall constitute a quorum. However, when both co-chairmen are present in a meeting, the local chief executive concerned, as a matter of protocol, shall be given preference to preside over the meeting. The division schools superintendent, city schools superintendent or district supervisor, as the case may be, shall prepare the budget of the school

committee to the sanggunian concerned on educational

matters such as, but not limited to, the necessity for and the uses of local appropriations for educational purposes; and 4. To recommend changes in the names of public schools within the territorial jurisdiction of the local government unit for

enactment by the sanggunian concerned. The DepEd shall consult the local school board on the appointment of division superintendents, district

board concerned. Such budget shall be supported by programs, projects, and activities of the school board for the ensuing fiscal year. The affirmative vote of the majority of all the members shall be necessary to approve the budget. Priorities in the school board budget 1. Construction, maintenance repair, of and school

Title V Local Health Boards There shall be established a local health boards in every province, city, or municipality. Composition: i. Provincial Health Board Provincial Governor Provincial health officer 1. Chairman of the committee health of on the

Chairman Vice Chairman Members

buildings and other facilities of public elementary and

sangguniang panlalawigan

secondary schools; 2. Establishment maintenance of and extension

2. Representative from sector or Private NGO

classes where necessary; and 3. Sports activities at the division, district, municipal, and

involved in health services 3. Representative

barangay levels.

from the DOH in the province

iii.

Municipal Health Board Municipal Mayor Municipal health officer 1. Chairman of the committee on the

Chairman Vice chairman

ii.

City Health Board City Mayor City Health Officer 1. Chairman of the committee health of on the Members

Chairman Vice Chairman

health

of

sangguniang panlalawigan 2. Representative from sector or Private NGO

Sangguniang panlalawigan 2. Representative Members from sector Private or NGO

involved in health services 3. Representative from the DOH in the province

involved in health services 3. Representative from DOH in the province

Functions of a local health board

1. To propose to the sanggunian concerned, in accordance with standards and criteria set by the DOH, annual budgetary allocations for the operation and maintenance of health

shall

advise

local

health

agencies on matters such as but not limited to: a. personnel selection and promotion b. bids and awards c. grievance complaints and

facilities and services within the municipality, city, or province, as the case may be; 2. To serve as an advisory

d. personnel discipline e. budget review f. operations review

committee to the sanggunian concerned on health matters such as, but not limited to, the necessity for, and application of, local appropriations for

g. other similar functions. Meetings and quorum The board shall meet at least once a month or as may be necessary. A majority of the members of the board shall constitute a quorum but

public health purposes; and 3. To create committees,

consistent with the technical standards and administrative standards of the DOH, which

the chairman or the vice-chairman must be present during meetings where budgetary proposals are being prepared or considered. The affirmative vote of all the majority of the members shall be necessary to approve such in proposals. Compensation and remuneration General Rule: The chairman, vicechairman and members of the local health board shall perform their duties without compensation or

board concerned, subject to the existing accounting and auditing rules and regulations. Direct national supervision and

control by the Secretary of Health (Sec 105) General Rule: The local health

matters in a particular LGU shall be directly controlled and supervised by the local health board. Exception: In cases of epidemics, pestilence, and other widespread public health dangers, the Secretary of Health may, upon the direction of the President and in consultation with the LGU concerned, direct temporarily and

remuneration. Exception: Members of the local health board who are not government officials entitled or to employees necessary shall be

traveling

assume

supervision

expenses and allowances chargeable against the funds of the local health

control over health operations in any LGU for the duration of the

emergency, but in no case exceeding six (6) months. With the concurrence of the LGU concerned, the period for such direct supervision and control may be further extended. Title VI Local Development

coordinating

development

efforts

within its territorial jurisdiction. Comments: established council for a The local Code has

development city, Its a

every and is

province, barangay. to initiate

municipality primary duty

Councils Section 106. Local Development

comprehensive development plan for

multisectoral the LGU

Councils. Each local government unit shall have a comprehensive

concerned, which is submitted to the proper sanggunian for its approval. By initiating the development plan for the LGU concerned, council the sets local the

multisectoral development plan to be initiated by its development council and approved by its sanggunian. For this purpose, at the the development city,

development

council

provincial,

direction of economic and social development and coordinates

municipal or barangay level, shall assist the corresponding sanggunian in setting the direction of economic and social development, and

development efforts within the said local government unit. It is not specifically directed by the Code that development planning should start

from below, the local people, and not imposed from the top, the central government. Section 107. Composition of Local Development Councils. The

3. A

representative

of

the

congressman. (b)The City or Council Municipal shall be

Development

headed by the mayor and shall be composed of the following members: 1. All punong barangays in the city or municipality; 2. The chairman of the committee on appropriations of the or

composition of the local development council shall be as follows: (a)The barangay development

council shall be headed by the punong barangay and shall be

composed of the following members: 1. Members of the Sangguniang Barangay; 2. Representatives of

Sangguniang Sangguniang concerned; 3. The

Panlungsod

Bayan

congressman

or

his

nongovernmental organizations operating in the barangay, who shall constitute not less than one fourth (1/4) of the members of the fully organized council;

representative; and 4. Representatives of

nongovernmental organizations operating in the city or

municipality, as the case may

be, who shall constitute not less than one-fourth (1/4) of the members of the fully organized council. (c) The Provincial Development

one-fourth (1/4) of the members of the fully organized council. (d) The local development councils may call upon any local official concerned or any official of national agencies or offices in the local government unit to assist in the formulation development of their respective and public

Council shall be headed by the governor and shall be composed of the following members: 1. All mayors of component cities and municipalities; 2. The chairman of the committee on appropriations of the

plans

investment programs. Comments: executives development governor for The chair councils: the local the (a) chief local the

Sangguniang Panlalawigan; 3. The congressman or his

Provincial

Development Council, (b) the mayor for the City or Municipal Development

representative; and 4. Representatives of

Council and (c) the punong barangay for the Barangay Development

nongovernmental organizations operating in the province, who shall constitute not less than

Council.

NGO Members The Code gives the NGOs a sizable number of representatives (not less than of the total number of council members) in the LDCs in recognition of the vital role that the private sector plays in the development of the different provinces, cities,

development

plans

and

public

investment programs. Section 108. Representation of

Nongovernmental

Organizations.

Within a period of sixty (6) days from the start of organization of local development councils, the

nongovernmental organizations shall choose from among themselves their representatives to said councils. The local sanggunian concerned shall accredit nongovernmental

municipalities and barangays. As members of the LDCs, NGOs can play a substantial role in defining the thrusts of local development. Power to Summon Assistance The local development councils have the power to summon any official of an LGU concerned or of the national government agency or office in the said LGU to assist them in the formulation of their respective

organizations subject to such criteria as may be provided by law. Comments: Period to Choose NGO

Representatives This section directs that within 60 days from the organization of the

LDC, the NGOs shall choose their representatives to the council from among themselves. It bears repeating that NGO

Section 109. Functions of Local Development Councils. (a)The Provincial, City and Municipal Development Councils shall exercise the following functions: 1. Formulate long-term, mediumterm, and annual development

representatives are chosen by them. They are not to be appointed by the mayor, the governor nor any other politician. Accreditation of NGOs This section deals with the

socioeconomic plans and policies; 2. Formulate the

medium-term

accreditation of the NGOs by the local sanggunian concerned

and annual public investment programs; 3. Appraise and prioritize development

according to such criteria as may be provided by law. Till this date, there is no such law yet. The IRR, however, indicate some criteria for the

socioeconomic

programs and projects; 4. Formulate local investment

accreditation of NGOs. The criteria laid down by the IRR are helpful guides for accreditation.

incentives to promote the inflow and direction of private

investment capital;

5. Coordinate,

monitor

and

4. Perform such other functions as may be provided by law or competent authority. Comments: Development The Council Barangay does

evaluate the implementation of development projects; and 6. Perform such other functions as may be provided by law or competent authority. (b) The barangay development programs and

essentially the same things for the barangay, although there is one thing that it is explicitly empowered to do which the other development councils have not been expressly authorized to do to mobilize peoples

council shall exercise the following functions: 1. Mobilize peoples participation in local development efforts; 2. Prepare barangay development plans based on local

participation in local development efforts. It does not mean, however, that other LDCs cannot mobilize popular participation in local

requirements; 3. Monitor and evaluate the

development. In fact, they should do so because without popular

implementation of national or local programs and projects; and

involvement and support, there will be no substantial development in their community.

Section 110. Meetings and Quorum. The local development council shall meet at least once every six (6) months or as often as may be necessary. Section 111. Executive Committee. (a) Each local development council shall create an executive committee to represent it and act in its behalf when it is not in session. The composition of the executive

themselves, the chairman of the committee of on the

appropriations

Sangguniang Panlalawigan, the president of the provincial

league of barangays, and a representative governmental of non-

organizations

that are represented in the council, as members; 2. The executive committee of the City or Municipal Development Council shall be composed of

committee shall be as follows: 1. The executive committee of the Provincial Development

the mayor as chairman, the chairman of the committee on appropriations of the

Council shall be composed of the governor as chairman, the representative of component

Sangguniang Panlalawigan, the president of the city or

city and municipal mayors to be chosen from among

municipal league of barangays, and a representative of

nongovernmental organizations that are represented in the council, as members; and 3. The executive committee of the barangay development council shall be composed of the

1. Ensure that the decision of the council are faithfully carried out and implemented; 2. Act on matters requiring

immediate attention or action by the council; 3. Formulate policies, plans and programs based on the general principles laid down by the council; and 4. Act on other matters that may be authorized by the council. Comments: Excom Functions The main function of the executive committee of a local development council is to represent it and act in its

punong barangay as chairman, a representative of the

Sangguniang Barangay to be chosen from among its

members, and a representative of organizations nongovernmental that are

represented in the council, as members. (b) The executive committee shall exercise the following powers and functions:

behalf when the council is not meeting. Section 112. Sectoral or Functional Committee. The local development councils may form sectoral or

Section 113. Secretariat. There is hereby constituted for each local development council a secretariat which shall be responsible for

providing documentation

technical of

support, proceedings,

functional committees to assist them in the performance of their functions. Comments: Sectoral/Functional

preparation of reports and such other assistance as may be required in the discharge of its functions. The local development council may avail of the services of any nongovernmental organization or educational or

Committees. The Code allows the LDCs to create sectoral or functional committees to assist them. A sectoral committee may be composed of members who come from a particular sector of society, for example, an urban poor committee or a committee of fisherfolk. Functional committees may encompass definite duties like a committee on ways and means or a committee on beautification.

research institution for this purpose. The secretariats of the Provincial, City and Municipal Development

Councils shall be headed by their respective planning and development coordinators. The secretariat of the barangay development council shall be headed by the barangay secretary

who shall be assisted by the city or municipal planning and development coordinator concerned. Comments: LDC Secretariat. The Code does not define the

the

barangay

secretariat

on

socioeconomic planning. Section 114. Relation Councils and the of to Local the

Development Sanggunian

Regional

membership of the secretariat of the LDCs but it must be headed by the provincial, city or municipal

Development Council. (a) The policies, proposed councils to the programs by shall and local be

projects

Development Coordinators in the case of a province, city or

development submitted

sanggunian

municipality and by the barangay secretary in the case of a barangay. The barangay secretary as head of the Barangay Secretariat shall be assisted by the city or municipal planning and development

concerned for appropriate action. The local development plans approved by their respective sanggunian may be integrated with the development

plans of the next higher level of local development council. (b) The approved development plans of provinces, highly urbanized cities and independent component cities

coordinator concerned. The reason is that very few, if any, barangay secretaries would have the expertise to discharge the duties of the head of

shall be submitted to the Regional Development Council, which shall be integrated into the regional

Integration with Higher Level LDC Plans. If adopted by the Sanggunian, the said plans, programs and projects may be integrated with the

development plan for submission to the National Economic authority, and in

development plans of the next higher LDC. For example, if the

Development

accordance with existing laws. Comments: Sanggunian Approval Needed. Plans, programs and projects prepared by LDCs do not automatically acquire the force of law. They must be submitted concerned, to the sanggunian enacts the

development plans of a Municipal Development Council is adopted by the municipal Sanggunian, the plans may be made a part of the provincial development plan by the Provincial Development Council. Submission to Regional Development Council. Development plans

which

corresponding ordinance to make them enforceable within the territory of the LGU concerned. The

approved by the Sanggunian of a province, a highly urbanized city or an independent component city shall be submitted to the Regional

Sanggunian may or may not adopt the said plans, programs and

Development Council which shall integrate them into the regional

projects.

development plan for submission to the NEDA in accordance with existing laws. The regional development Council has no authority to disapprove a provincial, city or municipal

Comments: It is not a requirement for the Department of Budget and

Management to furnish LDCs with information on financial resources of and budgetary allocations to the LGUs to guide them in the discharge of their functions. Title VII Local Peace and Order Council Section 116. Organization. There is hereby established in every province, city, and municipality a local peace and order council, pursuant to

development plan but it may make its implementation difficult by

recommending its disapproval for funding. Section 115. Budget Information. The Department of Budget and

Management shall furnish the various local development councils

information on financial resources and budgetary allocations applicable to their respective jurisdictions to guide them in their planning

Executive Order Numbered Three hundred nine (EO No. 309), as amended, Series of 1988. The local peace and order councils shall have the same composition and functions

functions.

as those prescribed by the said executive board. Comments: Composition of Peace and Order Council Executive Order No. 309 as

Officer; and (f) the representatives of the central government office or agency in the province who are appointed by their respective heads, such as (i) the PNP director of the province; (ii) the Commission on Human Rights in the province, (iii) the commanding general or officer of the armed forces, if any, in the province; (iv) the NBI provincial office; (v) the National Security Council, if any, in the province; (vi) the provincial

amended, Series of 1988, defines the membership of the local peace and order council. Provincial Peace and Order Council Composition The peace and order council of the province is composed of the

prosecutors office; (vii) the DILK, if any, in the province; (viii) the

executive director of the Dangerous Drugs Board; and (ix) 3

following: (a) the governor as chair; (b) the representative of the

representatives of the NGOs and Pos in the province, representing the academic, civic and religious

Sangguniang Panlalawigan, chosen by its members; (c) the Social Welfare and Development Officer; (d) the Information Officer; (e) the Health

organizations, who are appointed by the governor. City/Municipal Peace and Order

commanding general or officer of the armed forces, if any, in the city or municipality; (iv) the NBI city or provincial office; (v) the National Security Council; (vi) the city or

Council Composition The peace and order council of the city or municipality is composed of the following: (a) the mayor as chair; (b) the Sangguniang Panglungsod or Sangguniang Bayan representative, chosen by the sanggunian from among its members; (c) the SWDO; (d) the Information Officer; (e) the Health Officer; of and the (f) the central

municipal prosecutors office or in their absence, the city or municipal attorney; (vii) the DILG, if any; (viii) the executive director of the

Dangerous Drugs Board; and (ix) 3 representatives of the NGOs and Pos, representing the academic, civic and religious organizations in the city or municipality, who are appointed by the mayor upon consultation with the members of the Council. Local Peace and Order Council Functions

representatives

government office or agency in the city or municipality who are appointed by their respective heads, such as (i) the chief of police; (ii) the

Commission on Human Rights, if any, in the city or municipality; (iii) the

The provincial, city and municipal peace and order councils have the following duties and functions: (a) Formulate such plans measures and to

submit

report

thereon

with

recommendations to the chair of the national peace and order council; and (d) Perform all other functions

recommend

assigned by law to the peace and order council. Regional Peace and Order Council In between the national and the local

improve or enhance peace and order and public safety in their respective areas; (b) Monitor the implementation of and order programs and

peace and order councils, there is another council called the Regional Peace and Order Council, which is composed of their counterpart

peace

projects at the provincial, city or municipal levels, and the operation of Civilian Volunteer and Self-Defense such programs other and

members of the local peace and order councils. The Regional Peace and Order Council performs

Organizations

counter-insurgency activities; (c) the

essentially the same functions as those of the local peace and order councils. Osea v. Malaya

Make periodic assessments of prevailing peace and order

situation in their respective areas and

Petitioner filed a protest case with the Civil Service Commission alleging that she was appointed as Officer-inCharge, Assistant Schools Division Superintendent of Camarines Sur, by the then Secretary of DECS, upon the endorsement of the Provincial School Board of Camarines Sur. However, despite this, President

HELD: Section 99 of the LGC applies to appointments made by the DECS because at the time of the enactment of the LGC, schools division

superintendents were appointed by the DECS to specific division or location. Career issued However, Executive a in 1994, the

Service

Board Circular

Memorandum

Fidel Ramos, appointed respondent to the position of Schools Division Superintendent of Camarines Sur. Petitioner appointment claims of that the was

placing the positions of schools division superintendent and assistant schools division superintendent

within the career executive service. Consequently, the power to appoint persons to career executive service positions was transferred from the DECS to the President. In addition, under the circumstances, the designation of respondent as Schools Division Superintendent of

respondent

made without prior consultation with the Provincial School Board, in

violation of Section 99 of the Local Government Code as well as her vested right as the Schools Division Superintendent of Camarines Sur.

Camarines Sur was not a case of appointment but rather in the nature of reassignment. Therefore, Section 99 of the LGC, which requires prior consultation with the local school board does not apply. Appointment should be distinguished from reassignment. An appointment may be defined as the selection, by the authority vested with the power, of an individual who is to exercise the functions of a given office. When completed, usually with its

from

one

organizational

unit

to

another in the same department or agency which does not involve a reduction in rank, status or salary and does not require the issuance of an appointment. In the same vein, a designation connotes merely the

imposition of additional duties on an incumbent official Petitioner's designation as Officer-inCharge, Assistant Schools Division Superintendent, was expressly made subject to further advice from the DECS. Thus, her designation was temporary. In fact, there was a need to recommend her to the President for appointment in a permanent capacity. Inasmuch as she occupied her position can only be temporarily, transferred or

confirmation, the appointment results in security of tenure for the person chosen unless he is replaceable at pleasure because of the nature of his office. On the other hand, a reassignment is merely a movement of an employee

petitioner

reassigned to other positions without violating her right to security of tenure. Indeed, petitioner has no vested right to the position of Schools Division Superintendent of

Camarines Sur.

Local Taxation and Fiscal Matters

Book II Title 3, LGC See above Shares of LGUs in national taxes

Pimentel v. Aguirre (supra) See above

Local Government Units

THE BARANGAY Sec 384-439 CHAPTER I - Role and creation of the Barangay Section 384. Role of the Barangay. As the basic political unit, the barangay serves as the primary planning and implementing unit of government policies, plans,

programs, projects and activities in the community, and as a forum wherein the collective views of the

people

may and

be

expressed, and

(c) as a forum the barangay gets soundings of the views of the people on various topics. It also provides a venue for the settlement of disputes amicably. Section 385. Manner of Creation. - A barangay may be created, divided, merged, abolished, or its boundary

crystallized

considered,

where disputes may be amicably settled. Comments: The barangay discharges three

seminal functions: (a) as a basic political unit the barangay is the smallest political entity used for governance in the country. (b) as a primary planning and

substantially altered, by law or by an ordinance panlalawigan of the or sangguniang sangguniang

panlungsod, subject to approval by a majority of the votes cast in a plebiscite to be conducted by the Comelec in the local government unit or units directly affected within such period of time as may be determined by the law or ordinance creating said barangay. In the case of the creation of barangays by the sangguniang

implementing unit the barangay is mandated to plan development

projects in its territory and to deliver some basic services of the

government to its people.

panlalawigan, the recommendation of the sangguniang bayan concerned shall be necessary. Section 386. Requisites for Creation. (a) A barangay maybe created out of a contiguous territory which has apopulation of at least two thousand (2,000) inhabitants ascertified by the National Statistics Office except in cities and municipalities within Metro Manila and other metropolitan

To enhance the delivery of basic services in the indigenous cultural communities, barangays may be

created in such communities by an Act of Congress, notwithstanding the above requirement. (b) The territorial jurisdiction of the new barangay shall be properly identified by metes and bounds or by more or less permanent natural boundaries. The territory need not be contiguous if it comprises two (2) or more islands. (c) The governor or city mayor may prepare a consolidation plan for barangays, based on the criteria prescribed in this Section, within his territorial jurisdiction. The plan shall be submitted to the sangguniang panlalawigan or sangguniang

political subdivisions or in highly urbanized cities where such territory shall have a certified population of at least five thousand Provided, (5,000) That the

inhabitants:

creation thereof shall not reduce the population of the original barangay or barangays to less than the minimum requirement prescribed herein.

panlungsod

concerned

for

different sizes, some comprising only a block or two in the city and others covering areas larger than some municipalities. Now, the Code directs that the territory of the new barangay shall be identified by metes and bounds or by more or less permanent boundaries. The requirement of contiguity of

appropriate action. In the case of municipalities within the Metropolitan Manila area and other metropolitan political subdivisions, the barangay consolidation plan shall be prepared and approved by the sangguniang bayan concerned. Comments: Unlike provinces, cities or

barangay areas is not mandatory when the barangay comprises two or more islands. Population Requirement In general, at least 2,000 inhabitants are needed to qualify a barangay for creation. But when the barangay being created is within highly

municipalities which need a definite territorial size to be created, all that the Code requires in terms of area for newly created barangays is that it be contiguous. The Code takes into account the fact that when barangays were created during the Marcos years, defined bounds their by and territories specific were metes came not and in

urbanized cities or in cities and municipalities in the Metropolitan

therefore

Manila Area or other metropolitan political subdivisions, the population requirement is 5,000. The population required must be certified by the NSO. It is also required that the population of the new barangay does not reduce the population of the original

With

an

appropriate

plan

for

consolidation of barangays prepared by the governor or city mayor, the local sanggunian may consolidate barangays within its territory based upon the criteria set forth in this section. Consolidation may be the only way to solve the problem of hundreds of barangays throughout the country whose territorial

barangay from which it is being created to levels below the numbers now required by the Code. may be

jurisdictions are ill-defined and which in the urban centers may comprise only a block or two. In the Metropolitan Manila Area, the consolidation shall be plan for barangays by of the the

Nonetheless,

barangays

created by law within areas occupied by indigenous cultural communities even if their population may be below the required numbers stipulated in the Code. The reason for this

approved Bayan and

Sangguniang municipalities

exemption is to enhance the delivery of basic services. Consolidation of Barangays

Sangguniang

Panlungsod of the cities.

CHAPTER II and offices

Barangay officials

budgetary limitations on personal services prescribed under Title Five, Book II of this Code. Comments: Aside from the principal officials for the barangay, namely the punong barangay Sangguniang and the seven members,

Section 387. Chief Officials and Offices. (a) There shall be in each barangay a punong barangay, seven (7)

sangguniang barangay members, the sangguniang kabataan chairman, a barangay secretary, and a barangay treasurer. (b) There shall also be in every barangay a lupong tagapamayapa. The sangguniang barangay may form community brigades and create such other positions or offices as may be deemed necessary to carry out the purposes of the barangay

Barangay

the Sangguniang Kabataan chair, the barangay secretary and the barangay treasurer, there are other important officials in the barangay, namely the members of the Lupong

Tagapamayapa and the Community Brigades such as the Tanod Brigade and the Disaster Brigade. Section 388. Persons in Authority. For purposes of the Revised Penal Code, the punong barangay,

government in accordance with the needs of public service, subject to the

sangguniang and

barangay of

members, lupong

persons

in

authority

under

this

members

the

section. For purposes of the Code, the definition of a person in authority in the Revised Penal Code is

tagapamayapa in each barangay shall be deemed as persons in authority in their jurisdictions, while other barangay officials and

relevant. Article 152 of the Revised Penal Code states that any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission, shall be

members who may be designated by law or ordinance and charged with the maintenance of public order, protection and security of life and property, or the maintenance of a desirable and balanced environment, and any barangay member who comes to the aid of persons in authority, shall be deemed agents of persons in authority.

deemed a person in authority. A barangay captain and a barangay chairman shall also be deemed a person in authority. The article also defines an agent of a

Comments: Punong barangays, members of

person in authority as: Any person who, by direct provision of law or by election or by appointment by

Sangguniang Barangays and Lupong Tagapamayapa are considered

competent authority, is charged with

the maintenance of public order and the protection and security of life and property, such as a barrio

property, or the maintenance of a desirable and balanced environment, and any barangay member who comes to the aid of persons in authority continue to be deemed agents of persons in authority. Section 388 of the Code provides that for purposes of the Revised Penal Code, the punong barangay, the Sangguniang Barangay members and the members of the Lupong Tagapamayapa in each barangay shall be deemed as persons in authority in their jurisdictions This law expands the definition of a person in authority under the Revised Penal Code, wherein among the barangay officials, only the barangay captain or chairman, now called the punong barangay, is expressly

councilman, barrio policeman and barangay leader and any person who comes to the aid of persons in authority Definition Modified That definition is now modified. In addition to the punong barangay, the members Barangay of the Sangguniang the Lupong

and

Tagapamayapa are now considered not merely as agents of but as persons in authority in the Code. But other barangay officials and

members who may be designated by law or ordinance and charged with the maintenance of public order, protection and security of life and

considered a person in authority, as provided in Article 152 thereof. Thus, in addition to the punong barangay, the members of the Sangguniang Barangay or kagawads and members of the Lupong Tagapamayapa are now considered not merely agents of, but as persons, in authority. Protecting Environment as Agents of Persons in Authority Barangay officials and members designated by law or ordinance to maintain a desirable and balanced environment or who come to the aid of persons in authority who protect the environment are considered

Consequences of Being Persons in Authority/Agents Authority As persons in authority, they are entitled to respect and may request assistance from barangay residents in the performance of their duties. Also, because they are considered persons in authority, if they are physically harmed, the person of Persons in

responsible may be charged for higher degree felonies than would otherwise be the case. For example, if a barangay resident is attacked physically but without any intent to kill and he suffers some injuries, the attacker may be charged for physical injuries. But if the victim is a

agents of persons in authority.

barangay official, the charge may be for the more serious offense of

assault upon a person in authority or upon an agent of a person in authority for which a higher penalty is imposable. Power to Arrest and Detain A barangay captain (now called punong barangay) is a peace officer in the barrio (barangay) and is considered under the law as a person in authority. As such, he may make arrests and detain persons within legal limits but if the detention is without legal grounds, the punong barangay may be charged for

Section

389.

Chief

Executive:

Powers, Duties and Functions. (a)The punong barangay, as the chief executive government, of shall the barangay such

exercise

powers and perform such duties and functions, as provided by this Code and other laws. (b)For efficient, effective and

economical governance, the purpose of which is the general welfare of the barangay and its inhabitants pursuant to Section 16 of this Code, the punong barangay shall: 1. Enforce all laws and ordinances which are applicable within the barangay;

arbitrary detention as defined in Article 124 of the Revised Penal Code. CHAPTER Barangay III The Punong

2. Negotiate, enter into, and sign contracts for and in behalf of

the

barangay, of

upon the

treasurer,

the

barangay

authorization

secretary, and other appointive barangay officials; 6. Organize and lead an

sangguniang barangay; 3. Maintain public order in the barangay and, in pursuance thereof, municipal assist the city and or the

emergency group whenever the same may be necessary for the maintenance order or on of peace occasions and of

mayor

sanggunian members in the performance of their duties and functions; 4. Call and preside over the

emergency or calamity within the barangay; 7. In coordination with the

sessions of the sangguniang barangay and the barangay assembly, and vote only to break a tie; 5. Upon approval by a majority of all the members of the

barangay development council, prepare the annual executive and supplemental budgets of the barangay; 8. Approve vouchers relating to the disbursement of barangay funds;

sangguniang barangay, appoint or replace the barangay

9. Enforce laws and regulations relating to pollution control and protection of the environment; 10. of Administer the operation the Katarungang

coordination Department of

with

the

Education,

Culture and Sports; 14. Promote the general

welfare of the barangay; and 15. Exercise such other

Pambarangay in accordance with Code; 11. Exercise general the provisions of this

powers and perform such other duties and functions as may be prescribed by law or ordinance. (c) In the performance of his peace and order functions, the punong barangay shall be entitled to possess and carry the necessary firearm within his territorial jurisdiction,

supervision over the activities of the sangguniang kabataan; 12. Ensure the delivery of

basic services as mandated under Section 17 of this Code; 13. Conduct an annual

subject to appropriate rules and regulations. Comments: Barangay Chief Executive

palarong barangay which shall feature traditional sports and disciplines included in national and international games, in

To a lesser extent, the punong barangay is the equivalent of the governor of a province or the mayor of a city or municipality as chief executive for his barangay. Power of Appointment The appointment of barangay officials by the punong barangay is subject to confirmation by the majority of all the members Barangay. Some Powers of Punong Barangay Among important the more powers of the Sangguniang

the

environment;

(b) of or

administration barangay Katarungang Pambarangay; holding palarong of and justice

(c)

annual in the

barangay with

coordination

Department of Education, Culture and Sports. Enforcement Pollution of AntiThe

Laws.

punong barangay has the power to protect and the to

environment enforce pollution laws

attached to his office by the Code are the (a) enforcement relative to of laws

against

Palarong Barangay. The punong barangay has the

pollution

control and protection of

power annual

to

conduct

the

CHAPTER IV - The Sangguniang Barangay Section 390. Composition. Barangay, The the

Palarong

Barangay. The idea is to encourage the youth of the land, including those living in the remotest

Sangguniang

legislative body of the barangay, shall be composed of the punong

areas, to participate in sports activities. It is

barangay as presiding officer, and the seven (7) regular Sangguniang Barangay members elected at large and Sangguniang Kabataan

hoped that through the palarong barangay, they may national, international, athletes. Right to Carry Firearms. The punong barangay is entitled to possess and carry a firearm within his barangay while develop if into not class

chairman, as members. Comments: The punong barangay is a part of the Sangguniang Barangay of which he is the presiding officer. The Supreme Court has stressed that [a] petition or protest contesting the election of barangay officer should be decided by the municipal or

discharging his duties.

metropolitan trial court within 15 days from cases, filing thereof. xxx Election actions,

responsibilities conferred upon it by law or ordinance and to promote the general welfare of the inhabitants therein; 2. Enact tax and subject imposed revenue to in the this

unlike

ordinary

involve public interest. Time is of the essence in its disposition since the uncertainty as to who is the real choice of the people for the position must soonest be dispelled. It is neither fair nor just that one of whose right to the office is in doubt should remain in that office for an uncertain period. Section 391. Powers, Duties and Functions. (a) The sangguniang barangay, as the legislative body of the barangay, shall: 1. Enact ordinances as may be necessary to discharge the

ordinances, limitations Code;

3. Enact annual and supplemental budgets in accordance with the provisions of this Code; 4. Provide for the construction and maintenance of barangay

facilities and other public works projects chargeable to the

general fund of the barangay or such other funds actually

available for the purpose;

5. Submit

to

the or

sangguniang sangguniang or

government funds within the jurisdiction of the barangay and charge reasonable fees for the use thereof; 8. Solicit or accept monies,

panlungsod bayan such

suggestions

recommendations as it may see fit for the improvement of the barangay or for the welfare of the inhabitants thereof; 6. Assist in the establishment, organization, and promotion of cooperative enterprises that will improve the economic condition and well-being of the residents; 7. Regulate the use of multipurpose halls, multi- purpose pavements, grain or copra

materials and voluntary labor for specific public works and cooperative enterprises of the barangay from residents, land owners, producers and

merchants in the barangay; monies subsidies, from grants-in-aid, and

contributions,

revenues made available to the barangays provincial, from city or national, municipal

dryers, patios and other postharvest facilities, barangay

funds; and monies from other private agencies and

waterworks, barangay markets, parking areas or other similar facilities constructed with

individuals: Provided, however, That monies or properties

donated by private agencies and individuals for specific

amounts barangay

currently treasury for

in

the or other

purposes shall accrue to the barangay as trust fund; 9. Solicit or accept, in any or all the foregoing public works and cooperative enterprises, such cooperation available as by is made national,

encumbered purposes;

provincial, city, or municipal agencies established by law to render financial, technical, and advisory assistance to

barangays and to barangay residents: Provided, however, That in soliciting or accepting such cooperation, the

sangguniang barangay need not pledge any sum of money for expenditure in excess of

10.

Provide

compensation,

permits from any national or local office or agency. The proceeds from such activities shall be tax-exempt and shall accrue to the general fund of the barangay: Provided, That in the appropriation thereof, the specific purpose for which such fund-raising activity has been held shall be first satisfied: Provided, further, That no fundraising activities shall be held within a period of sixty (60) days immediately preceding

reasonable allowances or per diems as well for as travel

expenses

sangguniang

barangay members and other barangay officials, subject to the budgetary limitations

prescribed under Title Five, Book II of this Code: Provided, however, That no increase in the compensation or

honoraria of the sangguniang barangay members shall take effect until after the expiration of the full term of all members of the sangguniang barangay approving such increase; 11. Hold fund-raising

and after a national or local election, recall, referendum, or plebiscite: Provided, finally,

That said fund-raising activities shall policy comply with national and

activities for barangay projects without the need of securing

standards

regulations on morals, health, and safety of participating sangguniang the persons therein. The

the

ordinary

and

essential the

administrative needs of barangay; 14. Prescribe fines

barangay,

in

through the punong barangay, shall render a public accounting of the funds raised at the completion of the project for which the fund-raising activity was under- taken; 12. Authorize the punong

amounts not exceeding One thousand pesos (P1,000.00) for violation ordinances; 15. Provide for the the of barangay

administrative needs of

lupong tagapamayapa and the pangkat ng tagapagkasundo; 16. Provide of for the

barangay to enter into contracts in behalf of the barangay, subject to the provisions of this Code; 13. Authorize the barangay to make direct

organization

community

brigades, barangay tanod, or community service units as may be necessary; 17. Organize regular lectures, or fora on

treasurer

purchases in an amount not exceeding One thousand pesos (P1,000.00) at any one time for

programs,

community problems such as sanitation, nutrition, literacy,

20.

Adopt measures towards

the prevention and eradication of drug abuse, child abuse, and juvenile delinquency; 21. Initiate the establishment

and drug abuse, and convene assemblies citizen to encourage in

participation

government; 18. Adopt and measures control to the

of a barangay high school, whenever feasible, in

prevent

accordance with law; 22. Provide for the

proliferation of squatters and mendicants in the barangay; 19. Provide for the proper

establishment of a non-formal education center in the

development and welfare of children in the barangay by promoting and supporting

barangay whenever feasible, in coordination Department of with the

Education,

activities for the protection and total development of children, particularly those below seven (7) years of age;

Culture and Sports, ; 23. Provide for the delivery of

basic services; and 24. Exercise such other

powers and perform such other

duties and functions as may be prescribed by law or ordinance. Comments: Wider powers are now enjoyed by the Sangguniang Barangay than was previously the case. Among the more noteworthy of its powers are: (a) to enact tax and other revenue measures authorized by the Code; (b) to regulate and charge fees for the use of barangay facilities, including parking areas, markets, copra dryers, multipurpose halls and the like; (c) to of assist in the to

officials subject to the limitations provided for in this Code; (e) to authorize direct purchases by the barangay treasurer of not more than P1,000 worth of items at any one time that are ordinarily and

essentially needed by the barangay; (f) to prescribe fines of not more than P1,000 for violations of barangay ordinances; (g) to adopt measures to combat drug abuse, child abuse and juvenile delinquency; (h) to provide for the establishment of non-formal education centers; and (i) to provide for the delivery of basic services. Section 392. Other Duties of

establishment

cooperatives

improve the economic well-being of the barangay residents; (d) to provide compensation, allowances, per diems and travel expenses for barangay

Sangguniang Barangay Members. In addition to their duties as members of the Sangguniang Barangay,

Sangguniang may:

Barangay

members

accordance with the provisions of this Code, but in no case shall it be less than One thousand per month pesos for the

(a) Assist the punong barangay in the discharge of his duties and functions; (b) Act as peace officers in the maintenance of public order and safety; and (c) Perform such other duties and functions as the punong barangay may delegate. Section 393. Benefits of Barangay Officials. (a) Barangay officials, including

(P=1,000.00)

punong barangay and Six hundred pesos (P=600.00) per month for the sangguniang barangay members,

barangay treasurer, and barangay secretary: Provided, however, That the annual appropriations for

personal services shall be subject to the budgetary limitations prescribed under Title Five, Book II of this Code; (b) The punong barangay, the

barangay tanods and members of the lupong tagapamayapa, shall receive honoraria, other allowances, as or and may such be

sangguniang barangay members, the barangay treasurer, and the

barangay secretary shall also: 1. Be entitled of to at Christmas least One pesos

emoluments by or law city

authorized municipal

barangay, in

bonus

ordinance

thousand

(P=1,000.00)

each,

the

Benefits Government

of Officials

Local and

funds for which shall be taken from the general fund of the barangay or from such other funds appropriated by the national government for the purpose; 2. Be entitled, during to their 3.

Providing Funds Therefor"; Be entitled to free medical care including subsistence, medicines, attendance government institution: such and in hospital Provided, care medical any or That shall

incumbency, coverage

insurance shall

which

hospital

include, but shall not be limited to temporary and permanent disability, double indemnity, accident

include surgery or surgical expenses, medicines, X-

rays, laboratory fees, and other hospital expenses; In case of extreme urgency where there is no available government institution, official hospital the or

insurance, death and burial benefits, in accordance with Republic Act Numbered

Sixty-nine hundred forty-two (R.A. No. 6942), entitled "An Act Increasing the Insurance

barangay may

concerned

submit himself for immediate

medical attendance to the nearest private clinic,

4.

Be exempted during their incumbency from paying

hospital or institution and the expenses Five not exceeding pesos

tuition and matriculation fees for their legitimate children

thousand

dependent

(P=5,000.00) that may be incurred therein shall be

attending state colleges or universities. He may likewise avail of such educational benefits in a state college or university located within the province or city to which the barangay belongs; and 5. Be entitled to appropriate civil service eligibility on the basis of the number of years of service to the barangay, pursuant to the rules and regulations issued by the Civil Service Commission.

chargeable against the funds of the barangay concerned;

(c) Elective barangay officials shall have preference in appointments to any government position or in any government-owned corporations, or -controlled their

Comments: Barangays may now grant honoraria, allowances and other emoluments to their barangay officials, barangay tanods and members of the Lupong Tagapamayapa. The minimum is P1,000 per month for the punong barangay and P600 for the Sangguniang Barangay

including

subsidiaries, after their tenure of office, subject to the requisite

qualifications and the provisions of the immediately preceding

paragraph. (d) All duly appointed members of the barangay tanod brigades, or their equivalent, which shall number not more than twenty (20) in each barangay, shall be granted insurance or other benefits during to their the

members, Barangay Treasurers and Barangay Secretaries subject,

however, to the requirement that not more than 55% of the total annual income actually realized by the

barangay from local sources during the next preceding fiscal year shall be set aside for personal services. Increase of honoraria awarded Barangay by for or the their

incumbency,

chargeable

barangay or the city or municipal government to which the barangay belongs.

compensation Sangguniang

elective members cannot take effect until after their term is over as provided for under Section 391(10). Among the more noteworthy benefits to which barangay officials are

appointments to government-owned or controlled corporations. The insurance for barangay officials includes disability benefits, double indemnity, accident coverage, death and burial benefits pursuant to the law that increases the insurance benefits of local government officials (R.A. 6942). The free medical care to which these officials are entitled includes surgery or surgical expenses, medicines, xrays, laboratory fees and other

entitled are the following: (a) a Christmas bonus of at least P1,000 each; (b) insurance coverage; (c) free medical care in government

hospitals, (d) free education for their legitimate dependent children in state colleges or universities in state and for or

themselves

colleges

universities located in the province or city where their barangays belong; (e) appropriate civil service eligibility on the basis of their length of service to their barangays; and (f) after their tenure of office, preference in

hospital expenses in government hospitals. There is no limit as to the number of legitimate dependent children of

barangay officials who are entitled to

free

tertiary

education

in

state

subject to attestation by the Civil Service Commission. (b) The barangay secretary shall be of legal age, a qualified voter and an actual resident of the barangay

colleges or universities. Barangay tanods are also entitled to insurance coverage and other

benefits chargeable to the barangay concerned or to the city or

concerned. (c) No person shall be appointed barangay secretary if he is a

municipality to which the barangay belongs. CHAPTER V - Appointive barangay officials Section 394. Barangay Secretary: Appointment, Qualifications, Powers and Duties. (a)The barangay secretary shall be appointed by the punong barangay with the concurrence of the majority of all the sangguniang barangay members. The appointment of the barangay secretary shall not be

sangguniang barangay member, a government employee, or a relative of the punong barangay within the fourth civil degree of consanguinity or affinity. (d) The barangay secretary shall: 1. Keep custody of all records of the sangguniang

barangay and the barangay assembly meetings;

2.

Prepare

and

keep

the

5.

Assist the municipal civil registrar in the registration of births, marriages; deaths, and

minutes of all meetings of the sangguniang barangay and the barangay assembly; 3. Prepare a list of members of the barangay assembly, and have the same posted in conspicuous places within the barangay; 4. Assist in the preparation of all necessary forms for the conduct elections, of barangay initiatives, 6.

Keep an updated record of all inhabitants of the the of

barangay following

containing items

information: name, address, place and date of birth, sex, civil status, citizenship,

occupation, and such other items of information as may be prescribed by law or ordinances; 7. Submit a report on the actual number of barangay

referenda or plebiscites, in coordination Comelec; with the

residents as often as may be required by the sangguniang barangay; and

8.

Exercise such other powers and perform such other

The barangay secretary and the barangay treasurer are mandatory officers who are to be appointed by the Punong Barangay subject to the approval of the majority of all the members of the Sangguniang

duties and functions as may be prescribed by law or ordinance. Comments: Mandatory Officials Barangay Appointive

Barangay concerned. There are other mandatory barangay officials like the Lupong Tagapamayapa and the

Pangkat ng Tagapagkasundo who are mentioned specifically by the Code. The barangay may create other positions which may be filled by appointment by the punong barangay subject to approval of a majority of the members of the Sangguniang Barangay. Civil Registrar Duties of Barangay Secretary

One of the more important duties of the barangay secretary is to assist the municipal civil registrar in the registration of births, deaths and marriages. Another is to keep an updated record of all inhabitants of the barangay containing their names, addresses, places of birth, sexes, civil statuses, and citizenships, other items of

barangay treasurer shall not be subject to attestation by the Civil Service Commission. (b) The barangay treasurer shall be of legal age, a qualified voter, and an actual resident of the barangay

concerned. (c) No person shall be appointed barangay treasurer if he is a

occupations

information as may be prescribed by law or ordinance. Section 395. Barangay Treasurer: Appointment, Qualifications, Powers and Duties.

sangguniang barangay member, a government employee, or a relative of the punong barangay within the fourth civil degree of consanguinity or affinity. (d) The barangay treasurer shall be

(a) The barangay treasurer shall be appointed by the punong barangay with the concurrence of the majority of all the sangguniang barangay members. The appointment of the

bonded in accordance with existing laws in an amount to be determined by the sangguniang barangay but not exceeding Ten thousand pesos

(P=10,000.00), premiums for which shall be paid by the barangay. (e) The barangay treasurer shall: 1. Keep custody of barangay

and estimates of income and expenditures for the preceding and ensuing calendar years, respectively, subject to the

provisions of Title Five, Book II of this Code;

funds and properties; 2. Collect receipts and for issue taxes, official fees, monies, all to other the

5. Render a written accounting report of all barangay funds and property under his custody at the end of each calendar year, and ensure that such report shall be made available to the members assembly government concerned; 6. Certify as to the availability of funds whenever necessary; of the and barangay other agencies

contributions, materials, resources and

accruing

barangay treasury and deposit the same in the account of the barangay as provided under Title Five, Book II of this Code; 3. Disburse funds in accordance with the financial procedures provided in this Code; 4. Submit to the punong barangay a statement covering the actual

7. Plan and attend to the rural postal circuit within his

The Code prohibits the appointment of a person as barangay treasurer if he is a member of the Sangguniang Barangay, a government employee or a relative of the punong barangay within the fourth civil degree of consanguinity or affinity. It is absolute only in the case of a relative of the punong barangay

jurisdiction; and 8. Exercise such other powers and perform such other duties and functions as may be

prescribed by law or ordinance. Comments: Barangay treasurers are appointed by the punong barangay subject to the approval of the majority of the members Barangay. of the Sangguniang

within the fourth civil degree of consanguinity or affinity. It is not absolute in the case of a member of the Sangguniang Barangay or a government employee who can

resign as such and then accept appointment as barangay treasurer. The barangay treasurer shall be bonded in an amount not exceeding P10,000.

Section

396.

Other

Appointive

discuss the semestral report of the sangguniang barangay concerning its activities and finances as well as problems affecting the barangay. Its meetings shall be held upon call of the punong barangay or of at least four (4) members of the sangguniang barangay, or upon written petition of at least five percent (5%) of the

Officials. The qualifications, duties and functions of all other barangay officials appointed by the punong barangay shall be governed by the provisions of this Code and other laws or by barangay ordinances. CHAPTER VI - Barangay Assembly Section 397. Composition; Meetings. (a) There shall be a barangay assembly composed of all persons who are actual residents of the barangay for at least six (6) months, fifteen (15) years of age or over, citizens of the Philippines, and duly registered in the list of barangay assembly members. (b) The barangay assembly shall meet at least twice a year to hear and

assembly members. (c) No meeting of the barangay assembly shall take place unless a written notice is given one (1) week prior to the meeting except on matters involving public safety or security, in which case notice within a reasonable time shall be sufficient. The punong barangay, or in his absence, the sangguniang barangay member acting as punong barangay,

or any assembly member selected during the meeting, shall act as presiding officer in all the meetings of the assembly. The barangay

Mandatory meetings of the Barangay Assembly are at least twice a year. Meetings may be called by the punong barangay or by at least four members of the Sangguniang

secretary, or in his absence, any member designated by the presiding officer to act as secretary, shall discharge the duties of secretary of the barangay assembly. Comments: Barangay Assembly Composition Actual residents of a barangay for at least 6 months who are citizens of the Republic, at least 15 years of age and are registered in the list of barangay assembly members

Barangay or upon petition of at least 5% of the assembly members. Written notice is required to be sent at least one week before the meeting is held except when matters involving public safety or security are the main agenda of the meeting, in which case, notice for a shorter period is allowed. The punong barangay presides at the Barangay Assembly meetings. If he is absent, the acting punong

compose the Barangay Assembly. Barangay Assembly Meetings

barangay takes over or any assembly

member selected during the meeting may act as president officer. Section 398. Powers of the Barangay Assembly. The barangay assembly shall: (a) Initiate legislative processes by recommending to the sangguniang barangay the adoption of measures for the welfare of the barangay and the city or municipality concerned; (b) Decide on the adoption of

Comments: Assemblies as Forums. Barangay Assemblies provide the forum for the discussion of barangay development plans or petitions for the adoption of initiative to enact or amend a

barangay ordinance. CHAPTER VII Katarungang

Pambarangay Section 399. Lupong Tagapamayapa What (a) There is hereby created in each barangay a lupong tagapamayapa, composed of the Punong Barangay, as

initiative as a legal process whereby the registered voters of the barangay may directly propose, enact, or

amend any ordinance; and (c) Hear and pass upon the

chairman ten (10) to twenty (20) members.

semestral report of the sangguniang barangay concerning its activities and finances.

 The

lupon

shall

be

How (c) A notice to constitute the lupon which shall include the names members who have expressed their of proposed

constituted every three (3) years in the manner provided herein. Who (b) Any person actually working in the barangay not otherwise expressly disqualified by law and possessing integrity, impartiality, independence of mind, sense of fairness, and reputation may be for probity, a residing or

willingness to serve shall be prepared by the punong barangay within the first fifteen (15) days from the start of his term of office Notice shall be posted in three (3) conspicuous

places in the barangay continuously for a period of not less than three (3) weeks

appointed

member of the lupon.

Appointment, when discretionary (d) Taking into consideration any opposition appointment to the or proposed any

(e) The list of appointed members shall be posted in three (3)

conspicuous places in the barangay for the entire duration of their term of office; and (f) In barangays where majority of the inhabitants indigenous are cultural members of

recommendations for appointment as may have been made within the period of posting, the Punong

Barangay shall within ten (10) days thereafter appoint those as members he

communities,

local systems of settling disputes through their councils of datus or elders shall be recognized without prejudice to the applicable provisions of this Code. Section 400. Oath and Term of Office.

whom

determines to be suitable therefor Appointments shall be in writing, signed by the punong attested barangay, to by and the

1. Upon appointment, each lupon member shall take an oath of office before the punong

barangay.

barangay secretary.

2. He shall hold office until a new lupon is constituted on the third year following his appointment unless sooner terminated by resignation, transfer of

(b) Meet regularly once a month to provide a forum for

exchange of ideas among its members and the

public on matters relevant to the amicable

residence or place of work, or withdrawal of appointment by the punong barangay with the concurrence of the majority of all the members of the lupon. Section 401. Vacancies. Punong barangay shall immediately appoint a qualified person who shall hold office only for the unexpired portion of the term. Section 402. Functions of the Lupon. (a) Exercise over administrative the conciliation

settlement of disputes, to enable various panel

conciliation

members to share with one another their and

observations

experiences in effecting speedy resolution of

disputes; and (c) Exercise such other powers and perform such other duties and

supervision

functions as may be prescribed by law or ordinance.

panels provided herein;

Section 403. Secretary of the Lupon. The barangay secretary concurrently the serves of as the

Panel) (a) Constituted for each dispute brought before the lupon consisting of three (3) members chosen by the parties to the dispute from the 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. (b) The three (3) members

secretary

lupon. Records the results of mediation before barangay Submits a report thereon to the proper city or proceedings the punong

municipal courts. Receives and keeps the records of proceedings submitted to him by the various panels. Section 404. Pangkat ng conciliation

constituting the pangkat shall elect from among themselves the

chairman and the secretary.

Tagapagkasundo.

(Conciliation

Pangkat Secretary Functions prepares minutes of the pangkat proceedings submits attested a to copy by duly the

from

among

the

other

lupon

members. Should the parties fail to agree on a common choice, the vacancy shall be filled by lot to be drawn by the lupon chairman. Section 406. Character of Office and Service of Lupon Members. (a) The lupon members deemd as persons in authority (as defined in the RPC) while in the performance of their official duties or on the occasion thereof.

chairman to the lupon secretary and to the

proper city or municipal court issue and cause to be served notices to the

parties concerned. The lupon secretary shall issue

(b) Lupon and pangkat members serve without compensation without prejudice to incentives.. The DILG shall provide for a system of granting economic or other incentives to the lupon or pangkat members who

certified true copies of any public record in his custody that is not by law otherwise declared confidential. Section Pangkat. Chosen by the parties to the dispute 405. Vacancies in the

adequately demonstrate the ability to judiciously and expeditiously resolve cases referred to them.

whenever necessary in the exercise of his functions in of the the

While in the performance of their duties, the lupon or pangkat

administration katarungang pambarangay. Section 408. Amicable Thereto. Subject

members, whether in public or private employment, shall be deemed to be on official time, and shall not suffer from any diminution in compensation or allowance from said employment by reason thereof. Section 407. Legal Advice on Matters Involving Questions of Law. The provincial, city legal officer or prosecutor or the municipal legal officer shall render legal advice on matters involving questions of law to the punong barangay or any lupon or pangkat member (a)

Matter

for

Settlement;

Exception

The lupon of each barangay shall have authority to bring together the parties actually residing in the same city or municipality for amicable settlement of all disputes except: Where one party is the

government, or any subdivision or instrumentality thereof; (b) Where one party is a public officer or employee, and the dispute relates

to the performance of his official functions; (c) Offenses punishable by

thereto

agree

to

submit

their

differences to amicable settlement by an appropriate lupon; (g) Such other classes of disputes which the President may determine in the interest of Justice or upon the recommendation of the Secretary of Justice. The court in which non-criminal cases not falling within the authority of the lupon under this Code are filed may, at any time before trial motu propio refer the case to the lupon concerned for amicable settlement. Section 409. Venue. (a) Disputes between in be the persons same for

imprisonment exceeding one (1) year or a fine exceeding Five thousand pesos (P5,000.00); (d) Offenses where there is no private offended party; (e) Where the dispute involves real properties located in different cities or municipalities thereto agree unless to the submit parties their

differences to amicable settlement by an appropriate lupon; (f) Disputes involving parties who actually different reside cities in or barangays of

municipalities,

actually barangay

residing shall

except where such barangay units adjoin each other and the parties

brought

amicable settlement before the lupon

of said barangay. (b) Those involving actual residents of different barangays within the same city or municipality shall be brought in the barangay where the respondent or any of the respondents actually resides, at the election of the complaint. (c) All disputes involving real property or any interest therein shall be brought in the barangay where the real property or the larger portion thereof is situated. (d) Those arising at the workplace where the contending parties are employed or at the institution where such parties are enrolled for study, shall be brought in the barangay where such workplace or institution is located.

OBJECTIONS to venue shall be raised in the mediation before proceedings the punong

barangay; otherwise, the same shall be deemed WAIVED. Any legal question which may confront the punong barangay in resolving

objections to venue may be submitted to the

Secretary of Justice, or his duly designated whose

representative,

ruling thereon shall be binding. Section 410. Procedure for Amicable Settlement.

(a) Who may initiate proceeding Upon payment of the

summon

the

respondent(s), with notice to the complainant(s) for them and their witnesses to appear before him for a mediation of their

appropriate filing fee any individual who has a cause of action against another individual involving any matter

conflicting interests. If he fails in his mediation effort within fifteen (15) days from the first

within the authority of the lupon may complain, orally or in writing, chairman barangay. (b) Mediation by lupon chairman to the of lupon the

meeting of the parties before him he shall forthwith set a date for the constitution of the pangkat.

Upon

receipt the

of

the lupon (c) Suspension of prescriptive period of offenses

complaint,

chairman shall within the next working day

 While dispute is under mediation, conciliation, or arbitration, the

complaint

with

the

punong barangay. (d) Issuance of summons; hearing; grounds for disqualification The pangkat shall

prescriptive periods for offenses and cause of action INTERRUPTED

convene not later than upon filing the complaint three (3) days from its with the punong constitution barangay. Period on the day and hour set by the lupon chairman to hear both parties and their witnesses, simplify issues, and explore all possibilities for amicable settlement. For Interruption shall not this purpose, may for the issue the RESUMES upon receipt by the complainant of the complainant or the

certificate of repudiation or of the certification to file action issued by the lupon secretary: or pangkat

pangkat summons

exceed sixty (60) days from the filing of the

personal appearance of

parties before it. If

and

witnesses

filled as herein provided for.

party

moves

to

(e) Period to arrive at a settlement Within fifteen (15) days from the day the pangkat convenes in accordance with this section. This period is extendible at the discretion of the pangkat, which shall not exceed fifteen (15) days, except in clearly meritorious cases. Section 411. Form of settlement. All amicable settlements shall be in writing in a language or dialect known to the parties signed by them and attested to by the lupon chairman or the

disqualify any member of the pangkat by reason of relationship, interest, similar discovered constitution or any bias, other

grounds AFTER of the the

pangkat, the matter shall be resolved by the

affirmative vote of the majority of the pangkat whose decision shall be final. Should disqualification be decided upon, the

resulting vacancy shall be

pangkat chairman, as the case may be. When the parties to the dispute do not use the same language or dialect, the settlement shall be written in the language known to them. Section 412. Conciliation. (a) Pre-condition to Filing of

unless there has been a confrontation between the parties before the lupon chairman or the pangkat and that no conciliation or settlement has been

reached as certified by the lupon secretary or pangkat secretary as

attested to by the lupon or pangkat chairman or unless the settlement has been repudiated by the parties thereto. (b) Where Parties May Go Directly to Court. The parties may go directly to court in the following instances: 1. Where the accused is under

Complaint in Court. No complaint, or petition,

action, involving

proceeding any matter

within the authority of the lupon shall be filed or instituted directly in court or any other government office for adjudication

detention; 2. Where a person has otherwise been deprived of personal

members of the cultural communities. Section 413. Arbitration. (a) The parties may, at any stage of the proceedings, agree in writing that they shall abide by the arbitration award of the lupon chairman or the pangkat. Such arbitrate agreement may to be

liberty calling for habeas corpus proceedings; 3. Where actions are coupled with provisional remedies such as preliminary attachment, injunction, delivery of

personal property and support pendente lite; and 4. Where the action may

repudiated within five (5) days thereof grounds accordance procedure prescribed. Arbitration award shall be made after the lapse of the period for repudiation from for the the and with date same in the

otherwise be barred by the statute of limitations. (c) Conciliation among members of indigenous cultural communities. Customs and traditions of indigenous cultural communities SHALL be

hereinafter

applied in settling disputes between

and within ten (10) days thereafter. (b) The arbitration award shall be in writing in a language or dialect known to the parties. When the parties to the dispute do not use the same

Provided, however, That the lupon chairman or the pangkat chairman, as the case may be, may motu proprio or upon request of a party, exclude the public from the

proceedings in the interest of privacy, decency, or public morals. Section 415. Appearance of Parties in Person. Parties must appear in person

language or dialect, the award shall be written in the language or dialect known to them. Section 414. Proceedings Open to the Public; Exception. All proceedings for settlement shall be public and informal.

without the assistance of counsel or representative, except for minors and incompetents who may be assisted by their next-of-kin who are not lawyers. Section 416. Effect of Amicable Settlement and Arbitration Award. The amicable settlement and

arbitration award shall have the force

and effect of a final judgment of a court upon the expiration of ten (10) days from the date thereof unless repudiation of the settlement has been

and effect of a judgment of said court. Section 417. Execution. The amicable settlement or

arbitration award may be enforced by execution by the lupon within six (6) months from the date of the

made or a petition to nullify been the filed award before has the

settlement. After the lapse of such time, the settlement may be enforced by action in the appropriate city or municipal court. Section 418. Repudiation. Any party to the dispute may, within ten (10) days from the date of the settlement, repudiate the same by filing with the lupon chairman

proper city or municipal court. This provision shall not apply to court cases

settled by the lupon, in which case or the the

compromise

pangkat chairman shall be submitted to the court and upon approval

thereof, have the force

 a statement to that effect sworn to before him where vitiated the consent by is

or from the lapse of the ten-day period

repudiating the settlement and shall furnish copies thereof to each of the parties to the settlement and the lupon chairman. Section 420. Power to Administer Oaths. The punong barangay, as chairman

fraud,

violence, or intimidation. Such repudiation shall be sufficient basis for the issuance of the

certification for filing a complaint. Section 419. Transmittal of

of the lupong tagapamayapa, and the members of the pangkat are hereby authorized to administer oaths in connection with any matter relating to all proceedings in the implementation of the katarungang pambarangay. Section 421. Administration; Rules and Regulations. The city or municipal mayor, as the

Settlement and Arbitration. Award to the Court. - The secretary of the lupon shall transmit the

settlement or the arbitration award to the appropriate city or municipal court within five (5) days from the date of the award

case may be, shall see to the efficient and effective implementation and administration of the katarungang pambarangay. The Secretary of Justice shall

a chairman seven (7) members a secretary a treasurer (b) A sangguniang kabataan official who, during his term of office, shall

promulgate the rules and regulations necessary to implement this Chapter. Section 422. Appropriations. Such amount as may be necessary for the effective implementation of the katarungang pambarangay shall be provided for in the annual budget of the city or municipality concerned. Composed of CHAPTER Kabataan Section 423. Creation and Election. (a) There shall be in every barangay a sangguniang kabataan to be VIII Sangguniang all citizens of the

have passed the age of twenty-one (21) years shall be allowed to serve the remaining portion of the term for which he was elected. Section 424. Katipunan ng Kabataan.

Philippines

actually

residing in the barangay for at least six (6) months

composed of

 who are fifteen (15) but not more than twenty-one (21) years of age duly registered in the list of the sangguniang

or upon written petition of at least one-twentieth

(1/20) of its member to decide on important issues affecting the youth of the barangay. Section 426. Powers and Functions of the Sangguniang Kabataan. The sangguniang kabataan shall:

kabataan or in the official barangay list in the

custody of the barangay secretary. Section 425. Meetings of the

(a) Promulgate resolutions necessary to carry out the objectives of the youth in the barangay in accordance with the applicable provisions of this Code; (b) Initiate programs designed to enhance the social, political,

Katipunan ng Kabataan. At least once every three (3) months or at the call of the chairman of the

sangguniang kabataan

economic, cultural, intellectual, moral, spiritual, and physical development of the members;

(c) Hold fund-raising activities, the proceeds of which shall be taxexempt and shall accrue to the general fund of the sangguniang kabataan: Provided, however, That in the appropriation thereof, the specific purpose for which such activity has been held shall be first satisfied; (d) Create such bodies or committees as it may deem necessary to

implementation; (g) Coordinate with the appropriate national agency for the

implementation of youth development projects and programs at the national level; (h) Exercise such other powers and perform functions such as other the duties and

sangguniang

barangay may determine or delegate; and (i) Exercise such other powers and perform such other duties and

effectively carry out its programs and activities; (e) Submit annual and end-of-term reports to the sangguniang barangay on their projects and activities for the survival and development of the youth in the barangay; (f) Consult and coordinate with all youth organizations in the barangay for policy formulation and program

functions as may be prescribed by law or ordinance. Section 427. Meetings of the

Sangguniang Kabataan. Meet regularly once a month on the date, time, and place to be fixed by

the said sanggunian. Special meetings may be called by the sangguniang kabataan chairman or any three (3) of its members by giving written notice to all members of the date, time, place and agenda of the meeting at least one (1) day in advance. Notices of regular or

sangguniang kabataan must be a citizen of the

Philippines a qualified voter of the katipunan ng kabataan a resident of the

barangay for at least one (1) year immediately prior to election at least fifteen (15) years but not more than twentyone (21) years of age on the day of his election able to read and write Filipino, English, or the local dialect

special meetings shall be furnished barangay the and punong the

sangguniang barangay. A majority of the members of the sangguniang kabataan shall

constitute a quorum. Section 428. Qualifications. An elective official of the

 must

not

have

been

and functions, and enjoy the same privileges as the regular sangguniang barangay members, and shall be the chairman of the committee on youth and sports development in the said

convicted of any crime involving moral turpitude. Section 429. Term of Office. Three (3) years, unless sooner

sanggunian. Section 431. Powers and Duties of the Sangguniang Kabataan

removed for cause as provided by law, permanently incapacitated, die or resign from office. Section 430. Sangguniang Kabataan Chairman. The registered voters of the (a) Call and preside over all meetings of the katipunan ng kabataan and the sangguniang kabataan; (b) Implement policies, programs, and projects within his jurisdiction in coordination with the sangguniang barangay; (c) Exercise general supervision over the affairs and activities of the sangguniang kabataan and the katipunan ng kabataan shall elect the chairman of the sangguniang

Chairman.

kabataan who shall automatically serve as an ex officio member of the sangguniang barangay upon his

assumption to office. As such, he shall exercise the same powers, discharge the same duties

official conduct of its members, and such other officers of within the his

(b) Prepare and keep the minutes of all meetings of the katipunan ng kabataan kabataan; (c) Prepare all forms necessary for the conduct of registrations, and sangguniang

sangguniang kabataan jurisdiction;

(d) With the concurrence of the sangguniang kabataan, appoint from among the members of the

elections, initiatives, referenda, or plebiscites, in coordination with the barangay secretary and the

sangguniang kabataan, the secretary and treasurer and such other officers as may be deemed necessary; and (e) Exercise such other powers and perform such other duties and

COMELEC; and (d) Perform such other duties and discharge such other functions as the chairman of the sangguniang

functions as may be prescribed by law or ordinance. Section 432. Sangguniang Kabataan Secretary. (a) Keep all records of the katipunan ng kabataan and sangguniang

kabataan may prescribe or direct. Section 433. Sangguniang Kabataan Treasurer. (a) Take custody of all sangguniang kabataan property and funds not otherwise deposited with the city or

kabataan;

municipal treasurer; (b) Collect and receive contributions, monies, materials, and all other sources intended for the

chairman

of

the

sangguniang

kabataan may direct. Section 434. Privileges of

Sangguniang Kabataan Officials. Same privileges enjoyed by other sangguniang

sangguniang kabataan and katipunan ng kabataan; (c) Disburse funds in accordance with an approved budget of the

barangay officials under this Code subject to such requirements limitations herein. and provided

sangguniang kabataan; (d) Certify to the availability of funds whenever necessary; (e) Submit to the sangguniang

During their incumbency, sangguniang officials kabataan from

kabataan and to the sangguniang barangay certified and detailed

exempt

statements of actual income and expenditures at the end of every month; and (f) Perform such other duties and discharge such other functions as the

payment of tuition and matriculation fees while enrolled in public tertiary schools, including state colleges and universities.

 The national government shall reimburse said

voluntarily resigns dies is incapacitated is removed from office or has been absent permanently

college or university the amount of the tuition and matriculation fees:

Provided, That, to qualify for the privilege, the said officials shall enroll in a state college or university within or nearest their area of jurisdiction. Section 435. Succession and Filling of Vacancies. (a) In case a sangguniang kabataan chairman refuses to assume office

without leave for more than three (3)

consecutive months the sangguniang kabataan member who obtained the next highest

number of votes in the election immediately preceding shall assume the office of the chairman for the unexpired portion

fails to qualify is convicted of a felony

of the term

 discharge the powers and duties enjoy the rights and

(b)

Where

two

(2)

or

more

sangguniang

kabataan

members

obtained the same next highest number of votes, kabataan the other

privileges appurtenant to the office. In case the said member refuses to assume the position or fails to qualify, the sangguniang member obtaining the next highest number of votes shall assume the position of the chairman for the unexpired portion of the term.

sangguniang

members

shall conduct an election to choose the successor to the chairman from among the said members. (c) After the vacancy shall have been filled, the sangguniang kabataan

chairman shall call a special election to complete the membership of said sanggunian. Such sangguniang

kabataan member shall hold office for the unexpired portion of the term of the vacant seat. (d) In case of suspension of the sangguniang kabataan chairman, the successor, as determined in

subsections (a) and (b) of this

Section shall assume the position during the period of such suspension. CHAPTER IX - Pederasyon ng mga Sangguniang Kabataan Section 436. Pederasyon ng mga Kabataan. (a) There shall be an organization of all the pederasyon ng mga (b)

4. in special metropolitan political subdivisions, pangmetropolitan pederasyon ng mga

sangguniang kabataan; and 5. on the national level ng

pambansang pederasyon mga sangguniang kabataan. The pederasyon ng

mga

sangguniang kabataan to be known as follows: 1. in municipalities pambayang ng mga

sangguniang kabataan shall, at all levels, elect from among themselves the president, vice- president and such other officers as may be

pederasyon

sangguniang kabataan; 2. in cities, panlungsod ng na mga

necessary and shall be organized in the following manner: 1. The panlungsod and

pederasyon

sangguniang kabataan; 3. in provinces, panlalawigang pederasyon ng mga kabataan;

pambayang pederasyon shall be composed of the

sangguniang

kabataan

chairmen of barangays in the

city

or

municipality,

election, removal and suspension of the officers of the pederasyon ng mga sangguniang kabataan at all levels shall be governed by the constitution and by-laws of the

respectively; 2. The panlalawigang pederasyon shall be composed of

presidents of the panlungsod and pambayang pederasyon; 3. The pangmetropolitang

pederasyon in conformity with the provisions of this Code and national policies on youth. Section 438. Membership in the Sanggunian. (a) A sangguniang kabataan

pederasyon shall be composed of presidents of the panlungsod and pambayan pederasyon; (c) The elected presidents of the pederasyon at the provincial, highly urbanized political city, and metropolitan levels shall

chairman shall, upon certification of his election by the COMELEC and during his tenure of office is elected as pederasyon president, serve as an ex-officio sangguniang sangguniang member of the

subdivision

constitute the pambansang katipunan ng mga sangguniang kabataan. Section 437. Constitution and ByLaws. The term of office, manner of

panlalawigan, panlungsod, and

sangguniang bayan, as the case may be, without need of further

appointment. (b) The vice-president of the

sangguniang kabataan at all levels, conduct an annual activity to be known as the Linggo ng Kabataan on such date as shall be determined by the Office of the President. (b) The observance of the Linggo ng Kabataan shall include the election of the counterparts of all local elective and appointive officials, as well as heads of national offices or agencies stationed or assigned in the territorial jurisdiction of the local government unit, among in-school and community youth residing unit in the local from

pederasyon whose president has been elected as president of a higher pederasyon shall serve as ex-officio member of the sanggunian

concerned without need of further appointment. (c) The pederasyon president or vicepresident, as the case may be, shall be the chairman of the committee on youth and sports development of the sanggunian concerned. CHAPTER X - Linggo ng Kabataan Section 439. Observance of Linggo ng Kabataan. (a) Every barangay, municipality, city and province shall, in coordination with the pederasyon ng mga

government

concerned

ages thirteen (13) to seventeen (17). During said week, they shall hold office as boy and girl officials and shall perform such duties and

conduct such activities as may be

provided in the ordinance enacted pursuant to this Chapter.

(a) and (b) of this Act. A Punong Barangay who receives applications for a BPO shall issue the protection

A.Katarungang Pambarangay Sec 399 422, LGC See above The Laws on VAW in the Philippines (expert paper of Mam Guanzon) See attachments Sec 14, Sec 5, RA 9262 SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Section 5

order to the applicant on the date of filing after ex parte determination of the basis of the application. If the Punong Barangay is unavailable to act on the application for a BPO, the application shall be acted upon by any available Barangay Kagawad. If the BPO is issued by a Barangay Kagawad the order must be

accompanied by an attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time for the issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad shall

personally serve a copy of the same on the respondent, or direct any barangay official to effect is personal service. The parties may be accompanied by a non-lawyer advocate the in any

c. Attempting

to

cause

the

woman or her child physical harm; d. Placing the woman or her child in fear of imminent

physical harm; e. Attempting to compel or

proceeding Barangay.

before

Punong

compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage to in, or or

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts: a. Causing physical harm to the woman or her child; b. Threatening to cause the woman or her child physical harm;

attempting

restrict

restricting the woman's or her child's freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other

harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or

her

family,

or

deliberately providing woman's the children

insufficient financial support; iii. Depriving threatening or to

restricting the woman's or her child's movement or conduct: i. Threatening to

deprive the woman or her child of a legal right; iv. Preventing the

deprive or actually depriving the

woman or her child of custody to her/his family; ii. Depriving threatening or to

woman in engaging in any legitimate

profession, occupation, business or activity or controlling the own or

deprive the woman or her children of financial support

victim's mon4ey

legally due her or

properties, or solely controlling conjugal the or

child or her/his immediate family; h. Engaging in purposeful, knowing, conduct, through alarms or reckless or that

common money, or properties; f. Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions; g. Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed

personally another, or

causes

substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts: i. Stalking or following the woman or her child in public or private places; ii. Peering in the

against the woman or her

window or lingering

outside residence of

the the

i.

Causing

mental

or

emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and

woman or her child; iii. Entering remaining in or the

dwelling or on the property of the

woman or her child against her/his will; iv. Destroying property the and

denial of financial support or custody of minor

children of access to the woman's child/children. Aquino v. Aure Aure and E.S. Aure Lending

personal belongings or inflicting harm to animals or pets of the woman or her child; and v. Engaging in any

Investors, Inc. (Aure Lending) filed a Complaint for ejectment against

Aquino before the MeTC, alleging that they acquired the subject

form of harassment or violence;

property from the spouses Aquino by virtue of a Deed of Sale. However, after the spouses Aquino received

substantial consideration for the sale of the subject property, they refused to vacate the same. In her Answer, Aquino countered that Aure Lending do not have any legal right over the property, as per their Memorandum of Agreement, Aure shall secure a loan from a bank or financial

the Court of Appeals REVERSED and reasoned that the failure of Aure to undergo barangay conciliation is not a jurisdictional flaw and it will not affect the sufficiency of Aures

Complaint since Aquino failed to seasonably raise such issue in her Answer. HELD: The primordial objective of barangay conciliations is to reduce the number of court litigations and prevent the deterioration of the

institution in his own name using the subject property as collateral and turn over the proceeds thereof to the spouses Aquino. However, even

after Aure successfully secured a loan, the spouses Aquino did not receive the proceeds thereon or benefited therefrom. MeTC decided in favor of Aquino on the ground of non-compliance with the barangay conciliation process. RTC Affirmed this decision. However,

quality of justice which has been brought by the indiscriminate filing of cases in the courts. To ensure this, the law requires the parties to undergo a conciliation process as a precondition to filing a complaint in court subject to certain exceptions which are inapplicable to this case.

This has been declared compulsory in nature. However, the conciliation process is not a jurisdictional requirement, so that non-compliance therewith cannot affect the jurisdiction which the court has otherwise acquired over the subject matter or over the person of the defendant; in other words, the same would not prevent a court of competent jurisdiction from

herself

voluntarily of

thereto.

An Answer

examination

Aquinos

before the MeTC shows that there is utter lack of any objection on her part to any deficiency in the complaint which could oust the MeTC of its jurisdcition. The fact that Aquino raised such objection during the pretrial and in her Position Paper is of no moment, recourse for to the issue of non-

barangay

mediation

exercising its power of adjudication over the case before it, where the defendants, as in this case, failed to object to such exercise of jurisdiction in their answer and even during the entire proceedings a quo. In the case at bar, Aquino cannot be allowed to attack the jurisdiction of the MeTC after having submitted

proceedings should be impleaded in her Answer. Thus, although Aquinos defense is meritorious, procedurally, such defense is no longer available for failure to plead the same in the Answer as required by the omnibus motion rule. Neither could the MeTC dismiss the case motu proprio. The 1997 Rules

of Civil Procedure provide only three instances when the court may motu proprio dismiss the claim. It is clear that a court may not motu proprio dismiss a case on the ground of failure to comply with the requirement for barangay conciliation, this ground not being among those mentioned for the dismissal by the trial court of a case on its own initiative. Morata v. Go Respondents Victor Go and Flora D. Go filed in the CFI of Cebu a complaint against petitioners Morata for recovery of a sum of money plus damages. On the basis of the

failure of the complaint to allege prior availment by the plaintiffs of the barangay conciliation process

required by P.D. 1508, as well as the absence of a certification by the Lupon or Pangkat Secretary that no conciliation or settlement had been reached by the parties. HELD: Except in the instances

enumerated in sections 2 and 6 of the law, the Lupon has the authority to settle amicably involving all types of who

disputes

parties

actually reside in the same city or municipality. The law makes no distinction whatsoever with respect to the classes of civil disputes that should be compromised at the

allegation in the complaint that the parties-litigants are all residents of Cebu City, petitioners filed a motion to dismiss, citing as ground the

barangay level. In fact, in defining the Lupon's authority, Section 2 of said

law employed the universal and comprehensive term "all", to which usage the court should neither add nor subtract in consonance with the rudimentary precept in statutory

Moreover, if it is the intention of the law to restrict its coverage only to cases cognizable by the inferior courts, then it would not have

provided in Section 3 thereof the rule on Venue, which looks to the location of the real property in the

construction that "where the law does not distinguish, the court should not distinguish. The conciliation level process is at the to

determination of venue, for it should be noted that, traditionally and

barangay

designed

historically, jurisdiction over cases involving real property or any interest therein, except forcible entry and detainer cases, has always been vested in the courts of first instance [now regional trial court]. Sections 11, 12 and 14, relied upon by respondent judge, deal with the nullification settlement obtained at or or execution arbitration the barangay of the

discourage indiscriminate filing of cases in court in order to decongest its clogged dockets and, in the process, enhance the quality of justice dispensed by it. Thus, to say that the authority of the Lupon is limited to cases exclusively

cognizable by the inferior courts is to lose sight of this objective.

awards level.

These sections conferred upon the city and municipal courts the

municipal courts, but also to all the judges of the courts of first instance, circuit criminal courts, juvenile and domestic courts and courts of

jurisdiction to pass upon and resolve petitions or actions for nullification or enforcement of settlement/arbitration awards issued by the Lupon,

agrarian relations, now known as regional trial courts. This clearly shows that conciliation process at the barangay level, prescribed by P.D. 1508 as a pre-condition for filing a complaint in court, is compulsory not only for cases falling under the exclusive metropolitan competence and of the trial

regardless of the amount involved or the nature of the original dispute. But there is nothing in the context of said sections to justify the thesis that the mandated other conciliation of process in

types

cases

applies

exclusively to said inferior courts. Lastly, the circular issued by then Chief Justice embodying the directive "to desist from receiving complaints, petitions, actions and proceedings in cases falling within the authority of said Lupons," has been addressed not only to judges of city and

municipal

courts, but for actions cognizable by the regional trial courts as well. Uy v. Contreras An argument arose between the petitioner and respondent when the former sought to withdraw from

premises of the latter certain movable

properties that the petitioner failed to remove despite the expiry of their sublease agreement. This led to a scuffle respective between the parties which

the other hand, private respondents contend that a denial of motion to dismiss is proper because prior referral of the dispute to the lupon is not applicable are since not the or in she and of or

employees,

allegedly resulted in injuries inflicted on the private respondents. The private respondents then filed a complaint with the barangay captain of Valenzuela, Makati, however,

petitioner

residents same city of

barangays in municipality barangays

adjoining cities or

different

municipalities and that referral to the lupon is not likewise required if the case may otherwise be barred by the statute of limitations. Moreover, even assuming arguendo that prior referral to the lupon applies to the case of private respondent, the latter had, nevertheless, substantially complied with the requirement certification with of the the

during their scheduled confrontation before the barangay captain, only the petitioner appeared. The prosecutor then filed two informations for slight physical injuries against the petitioner with the MTC of Makati. Petitioner alleged in a motion to dismiss the prematurity of the filing of the criminal cases for failure to undergo conciliation proceedings. On

subsequent

barangay to file the action.

HELD: While P.D. No. 1508 has been repealed by the L GC of 1991, the jurisprudence built thereon regarding prior referral to the lupon as a precondition to the filing of an action in court remains applicable because its provisions on prior referral were substantially reproduced in the Code. In view of the respondents' failure to appear at the scheduled mediation, no complaint for slight physical

cannot justify the dismissal of the case. This is because pursuant to paragraph (c), Section 410 of the Code, the prescriptive period was automatically suspended for a

maximum period of sixty days. Moreover, having brought the dispute before the lupon Makati, are of the barangay private from

Valenzuela, respondents

estopped

disavowing the authority of the body which they themselves had sought. Their act of trifling with the authority of the lupon by unjustifiably failing to attend hearings the scheduled instead mediation filing the

injuries could be validly filed with the MTC of Makati at any time before such date. The filing then of criminal cases was premature. In addition, Section 6 of P.D. No. 1508 (more properly, Section 412(b) (4) of the LGC) which states that the parties may go directly to court where the action is about to prescribe,

and

complaint right away with the trial court cannot be countenanced for to do so would wreak havoc on the barangay conciliation system.

Neither

is

the

argument

that

this

was

done

to

support

their

petitioner "had already waived the right to a reconciliation proceedings before the barangay, persuasive. The petitioner did not waive the

contention that, in any event, there was substantial compliance with the requirement of referral to the lupon. It must be stressed that the private respondents, after failing to appear at the initial confrontation and long after the criminal cases were filed, had no right to demand the issuance of a certification to file action. Wingarts v. Mejia These administrative complaints

reconciliation proceedings before the lupon of Valenzuela, Makati; she submitted to it and attended the scheduled conciliation and invoked the pre-condition of referral to the lupon in her counter-affidavit. Lastly, nor could the Court accept the contention of the respondent that the parties could not agree on a

were an offshoot of criminal cases decided by the respondent judge. The respondent judge is charged with incompetence, ignorance of the law and abuse of authority for taking cognizance of a criminal case for grave threats and issuing a warrant of arrest against the accused despite

compromise and that they had to request the barangay captain to issue a certification to file action. The request was nearly one and a half months after criminal cases were filed with the court a quo. Evidently,

the

lack

of

prior

barangay

grave threats punishable under Art. 282 of the Revised Penal Code fall within the purview of this section. Furthermore, requires the Sec. 412 (a) also

conciliation. The respondent judge explained that he took cognizance of the criminal case in the belief that there had been substantial compliance of the

same

mandate.

Therefore, respondent judge should have remanded the case to the lupon instead of taking cognizance thereof and prematurely issuing a warrant of arrest against the accused. The respondent judge is liable for incompetence and ignorance of the law for taking cognizance of this case especially since judges are directed from improvidently receiving and

requirements of the Katarungang Pambarangay Law since a

certification of the barangay captain regarding a confrontation of the partiesd, the fact that no amicable settlement was reached by them, and that he was endorsing the filing of the case in court, had been duly

submitted to respondent judge. HELD: Under the LGC of 1991, offenses punishable by imprisonment not exceeding 1 year or a fine not exceeding Php5,000 require prior barangay conciliation. The crime of

acting on complaints in cases falling within the authority of the Lupon. It is a well-settled rule that proceedings before the lupon are a precondition to the filing of any action or proceeding

in court or other government office. Such an initiatory pleading, if filed without compliance with the

possession

of

the

room

being

occupied by the latter, which Corpuz children allegedly needed for their own use. Finding the defenses of

precondition, may be dismissed on the motion of any interested party on the ground that it fails to state a cause of action. Although there is no clear proof of malice or bad faith, respondent judge should have exercised the requisite prudence, which he owes to the public and his profession, especially in a case where personal liberty of the accused is involved. Corpuz v. CA Carlito Corpuz filed an action for unlawful detainer against private

Alvarado to be without merit, the MTC ordered Alvarado to vacate the room. Alvarado raises the issue in the instant petition that the ejectment suit was not referred to the Lupon

Tagapayapa as required by P.D. No. 1508 HELD: Alvarados defense was only stated in a single short sentence in his answer. In Dui vs. CA, the Court held that failure of a party to specifically allege the fact that there was no compliance with the barangay conciliation procedure constitutes

respondent Juanito Alvarado with the MTC of Manila, for recovery of

waiver of that defense. A perusal of

Alvarados answer reveals that no reason or explanation was given to support his allegation, which is

back to the barangay for conciliation proceedings despite the fact that it was alleged in the verified complaint, that the matter had already been referred to the barangay and that a copy of the Certification to File Motion was attached. In its Answer, the judge denied the charges and averred that there was premature issuance of the Certificate to File Action considering that there is no proof to show that the Pangkat was duly constituted before the said certificate was issued. Moreover, the

deemed a mere general averment. In any event, the proceeding outlined in P.D. 1508 is not a jurisdictional requirement therewith and cannot non-compliance affect the

jurisdiction which the lower court has already acquired over the subject matter and the parties therein. Bonifacio Law Office v.

Judge Bellosillo In a letter-complaint, Atty. Salomon, Jr. charged Judge Bellosillo with ignorance of the law, grave abuse of discretion and obvious partiality and assailed the order of the said judge, which referred an ejectment case

belated submission by complainant of the Minutes of Proceedings before the Barangay Chairman, which was inaccurate and difficult to decipher reveals the non-compliance of

complainant with the requirement of the law. HELD: The records reveal that the Certification to File Action was

was scheduled for February 26, 1996 and was reset for February 29, 1996. And yet, the Certification to File Action was issued on March 1, 1996, less than fifteen days after the first scheduled hearing before the

improperly and prematurely issued as it clearly shows that no personal confrontation constituted before Pangkat a duly ng This

barangay chairman in contravention of Section 410 (b) of the LGC, requiring a mediation effort within 15 days from the first meeting. Evidently, the barangay failed to exert enough effort required by law to conciliate between the parties and to settle the case before it. Hence,

Tagapagkasundo took place.

supports the respondents position that the Pangkat was not constituted, and that no face to face conciliation of the parties had taken place before it is substantiated by the Minutes submitted by complainant. Evidently, complainant failed to complete the barangay conciliation proceedings. In addition, the Complaint before the barangay was dated February 16, 1996. Records show that the hearing

respondent judge was correct in remanding completion the of case the to it for

mandated

proceedings. We cannot fault him for seeking to promote the objectives of barangay conciliation and for taking

to heart the provisions of Supreme Court Circular No. 14-93. His referral of the case back to the barangay cannot be equated with gross

a less serious charge of gross inefficiency and warrants the

imposition of administrative sanction. Mendoza v. Judge Afable Mendoza alleged that on February 18, 1998, he filed with the Office of the Barangay Chairman a complaint

ignorance of the law. Neither does it constitute grave abuse of discretion or obvious partiality. Despite this, however, respondent judge failed to comply with the requirements of the Rules on

for slight physical injuries against Palada, hearings however, conducted despite thereon, the the

Summary Procedure when, acting on the complainants motion to consider the proceedings already held before the barangay as substantial

parties failed to reach an amicable settlement. Therefore, on May 4, 1998 complainant Mendova filed a complaint for slight physical injuries before the MTC. However, the case was dismissed by Judge Afable on the ground of prescription (the

compliance with the requirements of law, he chose to continue with the proceedings of the case, and failed to render a judgment within 30 days from the failure of the respondents to answer. This undue delay constitutes

complaint alleging a light offense, which prescribes in two months).

In

this

administrative alleged

case, that,

the in

developments

prove

the

judges

complainant

challenged act to be correct, there would be no occasion to proceed against him at all. Besides, to hold a judge administratively accountable for every erroneous ruling or decision he renders, assuming he has erred, would be nothing short of harassment and would make his position doubly unbearable. To hold otherwise would be to render judicial office untenable, for no one called upon to try the facts

dismissing the case, Judge Afable showed his ignorance of the law when he did not apply the provisions of Section 410(c) of the LGC, which suspends the prescriptive period of offences upon the filing of the

complaint with the Punong Barangay. In his Answer, Judge Afable merely admitted his error and claimed a mere mental lapse on his part. HELD: It is axiomatic that an

or interpret the law in the process of administering justice can be infallible in his judgment. It is only where the error is so gross, deliberate and malicious, or incurred with evident bad faith that administrative

administrative complaint is not the appropriate irregular or remedy erroneous for every or

order

decision issued by a judge where a judicial remedy is available, such as a motion for reconsideration, or an appeal. For, obviously, if subsequent

sanctions may be imposed against the erring judge.

In the present case, the complainant did not bother at all to file a motion for reconsideration of respondent judges decision dismissing the

physical injuries with respondent's court, until the dismissal of the case on November 3, 1998, he still failed to present proof of his receipt of the Barangay Certification to File Action. Clearly, he cannot now fault

criminal case.

No reason was

advanced by complainant why he failed to do so. Thus, following our settled pronouncements cited above, his instant administrative complaint is premature. In addition, records fail to show when complainant received the Barangay Certification to File Action. The

respondent judge for dismissing the case on the ground of prescription. While respondent admitted his

mistake, the same may not be considered ignorance of the law. If at all, it can only be an error of judgment. Finally, we noted that the complaint does not allege any bad faith or malice on the part of respondent judge when he dismissed the criminal case. B.Sangguniang Kabataan

undated certification he submitted merely states that the case was set for hearing before the barangay on March 16, 22 and 29, 1998, but the parties failed to reach an amicable settlement. When he filed on May 4, 1998 the criminal case for slight

Sec 423 439, LGC See above Monteclaros v. Comelec SK, previously known as the

citizens

actually

residing

in

the

barangay for at least 6 months who meet the age requirement. RA 7808 scheduled the SK elections on the 1st Monday of 1996 and every 3 years thereafter. The next elections are supposed to be held on May 6, 2002. A bill by the Bicameral

Kabataang Barangay is a youth organization established by PD 684. The KB was composed of residents less than 18 years old, with no minimum age specified. The LGC renamed the KB to SK and limited membership to those aged 15-21 years. It is tasked to initiate programs to enhance the social, political, economic cultural, intellectual, moral, spiritual, and physical development of the youth. It is composed of a chairperson and 7 members to be elected Kabataan, by in the turn Katipunan composed ng of

Committee however reset the SK and barangay elections to July 15, 2002. The said bill also lowered the

membership age to at least 15 but not more than 18 years old.

Montesclaros et al. filed a petition for certiorari, prohibition and mandamus with prayer for TRO or preliminary injunction to: 1) prevent the

postponement of the SK elections originally scheduled for May 6, 2002, 2) to prevent respondents from

passing laws that reduce the age requirement membership in the SK, and 3) to compel respondents to allow those who have turned 21 on May 2002 to participate in any rescheduled SK elections. They

there grave abuse of discretion in the postponement of the elections. The prayer to prevent Congress from enacting laws that lower the age requirement cannot be granted

because a proposed bill is not subject to judicial review. The court can only exercise judicial review after and not before a law is enacted, lest it resort to rendering a advisory clear opinions. of

allege that those aged 18-21 will be unduly dismembered, unfairly

discriminated,

unnecessarily

disenfranchised, unjustly associated and obnoxiously disqualified from the SK. They also allege grave abuse of discretion on the COMELECs part. The bill was approved by Congress and signed into law as RA 9164 on March 19, 2002. HELD: The petition is bereft of merit. There is no actual controversy as to the date of the elections that requires judicial intervention. Neither was

Absent

violation

constitutional rights, Courts cannot exercise review over the internal processes of Congress. The Court has no power to dictate the object or subject of bills that Congress should enact into law. Public office is a public trust. It is not a property right. No one has a vested right to any public office, much less

the expectancy of holding a public office. While the state encourages the youths involvement in public affairs, the policy refers to those who belong to the class of people defined as the youth. Congress has the power to define who are the youth qualified to join the SK. Every law is subject to amendment or repeal and

those who no longer qualify for the SK because they are past the age limit cannot insist on being part of the youth. Under PD 9164, Congress merely restored the maximum age requirement of 18 years in PD684, SKs original charter. RA 9164 enjoys the presumption of constitutionality.

THE MUNICIPALITY , CITY

AND

PROVINCE

MUNICIPALITY CITY a. Composition Group of barangays Group [440] urbanized developed [448] b. Role As a general-purpose Same government for

PROVINCE of more Cluster and municipalities, barangays municipalities of or and

component cities [459] as the As a political and of

the municipality[448]

corporate

coordination delivery regular of and

and basic, direct

government serves as a dynamic mechanism for developmental

services and effective governance inhabitants territorial of within the its

processes and effective governance within its of LGUs

territorial

jurisdiction

jurisdiction [459]

[440] c. How created, divided, merged, abolished or its boundary substantially altered Only by an Act of Same as the Same as the

Congress and subject municipality [449] to the approval by a majority of the votes cast in a plebiscite by in the the

municipality [460]

conducted COMELEC

LGU/s directly affected The plebiscite shall be held 120 days from the date of its effectivity

except

as

may

otherwise be provided in the Act. [441] d. Requisites for creation Ave. annual income Ave. annual income Ave. annual income of at least of at least of at least

P2,500,000.00 for the P20,000,000.00 for the P20,000,000.00 for the last 2 consecutive last 2 consecutive last 2 consecutive

years based on the years based on the years based on the 1991 constant prices, 1991 constant prices, 1991 constant prices, as certified by the DOF includes the income accruing to the gen. fund excludes special funds, and transfers non-recurring as certified by the DOF includes the income accruing to the gen. fund excludes special funds, and transfers non-recurring as certified by the DOF includes the income accruing to the gen. fund excludes special funds, and transfers non-recurring

income

income

income Either of:

Population of at least Either of:

25,000 inhabitants as Population of at least Population of at least

certified by the NSO

150,000 inhabitants as 250,000 inhabitants as certified by the NSO

A contiguous territory certified by the NSO

of at least 50 sq. kms. A contiguous territory A contiguous territory as certified by the LMB of at least 100 sq. kms. of at least 2,000 sq. - should be properly as certified by the LMB kms. as certified by the identified by metes and bounds - does not apply if there is 1 or more islands - need not be if - should be properly LMB identified by metes and bounds - does not apply if there is 1 or more islands - need not be - should be properly identified by metes and bounds - does not apply if there is 1 or more islands - need not be

contiguous

thereare 2 or more islands

contiguous if there are 2 or more

contiguous if there are 2 or more

islands Municipalities existing Provided, that, the

islands Provided, that, the

as of the date of the effectivity of the LGC shall continue to exist and operate as such.

creation thereof shall not reduce the land area, population, and income of the original

creation thereof shall not reduce the land area, population, and

Existing districts

municipal organized

unit/s at the time of said creation to less than the min. reqts. prescribed. [450]

income of the original unit/s at the time of said creation to less than the min. reqts. prescribed. [461]

prusuant to presidential issuances or EOs and which have set their

respective elective

of For

HIGHLY Existing sub-provinces converted into

municipal URBANIZED CITIES:

officials holding office at Ave. annual income are the time of the of at

least regular provinces upon

effectivity of the LGC P50,000,000.00 for the approval by a majority shall be considered as last regular [442] 2 consecutive of the votes cast in a

municipalities. years based on the plebiscite to be held in 1991 constant prices, the said sub-provinces as certified by the DOF and the original directly

Population of at least provinces

200,000 inhabitants as affected. The plebiscite certified by the NSO [452] shall be conducted by the COMELEC

simultaneously with the * It shall be the duty of national elections

the President to declare following the effectivity a city as highly of the LGC. [462] 30

urbanized

within

days after it shall have met the min. reqts.

upon properapplication therefor and ratification in a plebiscite by

qualified voters therein. [453] e. Officials

 mayor vice-mayor

mayor vice-mayor

governor vice-governor sangguniang

sangguniang bayan

sangguniang

members

panlungsod members

panlalawigan members secretary to the

secretary to the

secretary to the

sangguniang bayan treasurer assessor accountant budget officer

sangguniang panlungsod treasurer assessor accountant

sangguniang panlalawigan treasurer assessor accountant budget officer planning and devt.

planning and devt. budget officer

coordinator official health officer civil registrar

planning and devt.

engineer/building coordinator engineer health officer civil registrar administrator

coordinator engineer health officer administrator legal officer social welfare and

Optional: administrator

legal officer

social welfare and devt. officer

 legal officer agriculturist environment

devt. officer gen. services officer and veterinarian

gen. services officer agriculturist veterinarian

natural officer

resources Optional: Optional: population officer cities which have population

social welfare and architect information officer agriculturist population officer cities which have population

devt. officer architect information officer

existing

offices shall continue to maintain such

The

sangguniang

existing

ofices for 5 years from the date of

bayan may: 1. maintain existing

offices shall continue to maintain for the 5 such years of

effectivity of the LGC, after which said office shall become optional

offices not mentioned above 2. create such other as may be

ofices from

date

effectivity of the LGC, natural resources and after which said office envrionment officer shall become optional cooperative officer environment and architect

offices

necessary to carry out the purposes of the provincial government

natural

resources information officer

3.

consolidate

the officer The sangguniang

functions of any office cooperatives officer with those of another in population officer the interest of efficiency and economy The

panlalawigan may: 1. maintain existing

sangguniang offices not mentioned above create such other as may be

panlungsod may: Unless, otherwise 1. maintain

existing 2.

provided herein, heads offices not mentioned offices of departments shall by and above be 2.

necessary to carry out

offices appointed

create such other the purposes of the as may be provincial government consolidate the

the offices

municipal mayor with necessary to carry out 3.

the concurrence of the the purposes of the functions of any office majority of all the provincial government consolidate with those of another in

sangguniang members,

bayan 3.

the the interest of efficiency

subject

to functions of any office and economy

civil service law, rules with those of another in and regulations. sangguniang shall act on The the interest of efficiency Unless, bayan and economy the otherwise

provided herein, heads of departments and

appointment within 15 Unless,

otherwise offices

shall by with of all

be the the the the

days from the date of provided herein, heads appointed its otherwise, shall [443] be submission; of the departments shall and governor be concurrence of

same offices

confirmed. appointed by the city majority mayor with of all

the sangguniang the panlalawigan members, the subject to civil service law, rules and The

concurrence majority of

sangguniang panlungsod

members, regulations.

subject to civil service sangguniang law, rules and panlalawigan shall act The on the appointment

regulations. sangguniang

within 15 days from the

panlungsod shall act on date of its submission; the appointment within otherwise, 15 days from the date shall of its submission; [463] the same be the same

confirmed.

otherwise, shall be

confirmed.

[454] f. Composition of the sanggunian Presiding officer: Presiding officer: city Presiding municipal vice-mayor Members: the vice-mayor Members: regular the

officer:

provincial vice-governor Members: regular the regular

sanggunian members

sanggunian

sanggunian members

the president of the members,the president the president of the municipal chapter of the fothe city chapter of the provincial chapter of the liga ng mga barangay liga ng mga barangay liga ng mga barangay

the president of the the president of the the president of the pambayang panlungsod na panlalawigang

pederasyon ng mga SK pederasyon ng mga SK pederasyon ng mga SK representatives 1. 1 from the women 2. 1 from the or sectoral the sectoral the president of the provincial federation of sangguniang members municipalities and

representatives 1. 1 from the women 2. 1 from

the of

agricultural industrial workers 3. 1 from

agricultural industrial workers 3. 1 from

or component cities sectoral

other including

other representatives including 1. 1 from the women

sectors,

sectors,

the

urban

poor,

the

urban

poor,

2. 1

from

the or

indigenous cultural communities, disabled [446] or

indigenous cultural communities, disabled [457] or

agricultural industrial workers 3. 1 from

persons

persons

other including poor,

sectors, the

urban

indigenous cultural communities, disabled [467] g. Salary grades as prescribed under RA 6758 Muncipal vice-mayor: City mayor: Salary Provincial Salary Members sangguniang Salary Grade 24 Grade of 25 Grade 30 [455(d)] the bayan: City vice-mayor of a highly urbanized city: Vice-governor:Salary Salary Grade 28 Members sanggunian municipalities of the of City vice-mayor of a Members in component city: Salary sangguniang of the Grade 28 [466(b)] Salary [465(c)] or

persons

governor: Grade 30

Metropolitan Area and

Manila Grade 26 [456(b)] other political Members Salary sangguniang panlungsod: Grade 25 Salary of the

panlalawigan:

Salary

Grade 27 [468(b)]

metropolitan subdivisions:

Grade 25 [447(b)]

Members

of

the

sanggunian of highlyurbanized cities: Salary Grade 27 [458(b)] Classes of cities: a. Component 1. Dependent component cities 2. Independent component component cities shall be independent of the province b. Highly-urbanized Voters of highly urbanized

cities - those component cities whose charters

cities shall remain excluded from voting for elective provincial officials.

prohibit their voters from voting for provincial elective officials. Independent

Duties and Functions of the Municipal Mayor, City Mayor, Governor (Sec 444, 455, 465)

services,

and

activities

of

the

(municipal/city/provincial) government, and in this connection shall:

a.

Such duties and functions as provided by the LGC and other laws

1.

Determine the guidelines of (municipal/city/provincial) policies and be responsible to

b.

Efficient,

effective

and

the sanggunian for the program of the government; 2.1. Direct the formulation of the (municipal/city/provincial) development plan, of with the the

economical governance for the general welfare (see Sec.16) of the (municipality/city/province)

and its inhabitants c. Hold office in the hall

assistance

(municipal/city/provincial) during his incumbency

(municipal/city/provincial) development council 2.2. Implement (municipal/city/provincial) development approval sanggunian plan by upon the the

Under the efficient, effective and economical governance: A. Exercise general supervision and control over all programs, projects,

thereof

3.

At the opening of the regular session of the sanggunian for every calendar year, and as may be deemed necessary, present the program and of

5.

Appoint

all

officials

and

employees whose salaries and wages are wholly or mainly paid out of

(municipal/city/provincial) funds and whose appointments are not otherwise provided for in the LGC, as well as those he may be authorized by law to appoint; 6.1. Represent the

government

propose

policies and projects for the consideration of the sangguian as the general welfare of the inhabitants and the needs of the (municipal/city/provincial)

government may require; 4.1. Initiate and propose legislative measures to the sanggunian 4.2. Provide such information and data needed or requested by said sanggunian in the

(municipality/city/province) in all its business transactions upon authorization sanggunian 6.2. Sign on behalf of the all and by the

(municipality/city/province) bonds, obligations, contracts,

performance of its legislative functions, from time to time as the situation may require

and such other

documents made pursuant to

law

or

ordinance by

upon the

entitled to such space in the municipal hall and other

authorization sanggunian 7. Carry out such as

buildings owned or leased by emergency may be the (municipal/city/provincial)

measures

government; 10.1. Ensure that all executive

necessary during and in the aftermath of man-made and natural calamities; 8. Determine, according to law or ordinance, the time, manner and place or of payment of of the disasters and

officials and employees of the municipality faithfully discharge their duties and functions as provided by law and the LGC; 10.2. Cause to be instituted or judicial

administrative

salaries

wages

proceedings against any official or employee of the

officials and employees of the (municipality/city/province) 9. Allocate space (municipal/city/provincial) and assign office to and

(municipality/city/province) who may have committed an

offense in the performance of his official duties; 11.1. Examine the books,

other officials and employees who, by law or ordinance, are

records and other documents of

all offices, officials, agents or employees of the

and that of any metropolitan political subdivision, to the metropolitan authority

(municipality/city/province) 11.2. Require and all national employees c.

council chairman and to the Office of the President if component city mayor,

officials

stationed in or assigned to the (municipality/city/province) to

to the provincial governor d. if highly-urbanized city

make available to him such books, records, and other

mayor, to the Office of the President e. if mayor of a city in the Metropolitan and other Manila Area

documents in their custody, in aid of his executive powers and authority, except those

classified by law as confidential 12. Furnish copies of EOs issued by him within 72 hours after their issuance a. if municipal mayor, to the

metropolitan

political subdivision, to the metropolitan council chairman f. if governor, to the Office of the President 13. Visit component authority

provincial governor b. if mayor of a municipality of Metropolitan Manila Area

(barangays/barangays/cities

and

municipalities)

of

the at

14. Act on leave applications of officials and employees and the

(municipality/city/province)

least once in every 6 months to deepen his understanding of problems therein, and listen conditions and give

appointed by him

commutation of the monetary value of leave credits according to law; 15. Authorize official trips outside of the of (municipality/city/province) (municipal/city/provincial)

appropriate counsel to local officials and inhabitants, inform the officials and inhabitants of the component

officials and employees for a period not exceeding 30 days; 16.1. Call upon any national

(barangays/barangays/cities and municipalities) general

laws and ordinances which especially concern them, and otherwise conduct visits and inspections to the end that the governance of the will

office or employee stationed in or assigned to the to

(municipality/city/province)

advise him on matters affecting the (municipality/city/province)

(municipality/city/province)

and to make recommendations thereon, or to coordinate in the

improve the quality of life of the inhabitants;

formulation and implementation of plans, programs, projects, 16.2. Initiate an administrative

17. Authorize payment of medical care, necessary transportation, subsistence, medical hospital fees or of

or judicial action against a national government official or employee who may have

(municipal/city/provincial) officials and employees who are injured while in the

committed an offense in the performance of his official

performance of their official duties and functions, subject to the availability of funds; 18. Solemnize marriages, any provision of law to the contrary notwithstanding; 19. Conduct a palarong

duties while stationed in or assigned to the LGU

concerned, when appropriate

(bayan/panlungsod/panlalawiga n) in coordination with the DECS, as an annual activity which shall feature traditional sports and disciplines included

in national and international games; and 20. Submit the following

calamities affect the general welfare of the municipality, province, region or country.

reports: (same receivers as in NO. 12) an annual report containing a summary of all matters pertaining to the B. Enforce all laws and ordinances relative to the governance of the (municipality/city/province) and the exercise of its corporate powers (See Sec. 22), implement all approved policies, programs, projects, services and activities of and, the in

management, administration and development of the

(municipality/city/province) and all information and data relative to its political, social and economic conditions; and when supplemental unexpected reports events

(municipality/city/province) addition shall:

1. Ensure that the acts of the component (barangays/barangays/cities and municipalities) of the

and situations arise at any time during the year,

(muncipality/city/province) and of its officials and employees are within the scope of their

particularly when man-made or natural disasters or

prescribed powers, functions, duties and responsibilites; 2. Call conventions, conferences, seminars or meetings of any elective and appointive officials of (municipality/city/province), including provincial officials and national employees assigned officials stationed to in and or the at the

3. Issue

such

EOs for the

as

are

necessary

proper

enforcement and execution of laws and ordinances; 4. Be entitled to carry the

necessary firearm within his territorial jurisdiction; 5. Act as the deputized

representative of the National Police Commission, formulate the peace and order plan of the (municipality/city/province) and upon its approval, implement the same and exercise general and operational control and supervision police over the in local the in 6975

(municipality/city/province)

such time and place and on such subject as he may deem important for the promotion of the general welfare of the LGU and its inhabitants;

forces

(municipality/city/province) accordance with RA

(DILG Act of 1990)

6. Call upon the appropriate law enforcement agencies to

development

and

country-wide

growth and progress, and relative thereto shall: 1. Require each head of an office or department to prepare and submit an estimate of

suppress disorder, riot, lawless violence, rebellion or sedition or to apprehend violators of the law when public interest so requires and the

appropriations for the ensuing calendar year, in accordance with the budget preparation process 2. Prepare and submit to the sanggunian for approval the

(municipal/city/provincial) police forces are inadequate to cope with the situation or the

violators;

C.

Initiate

and of

maximize resources

the and

executive budgets

and

supplemental of the for

generation

revenues, and apply the same to the implementation plans, programs of development objectives and 3.

(municipality/city/province) the ensuing calendar year

Ensure that all taxes and other revenues of the

priorities (see Sec. 18), particularly those resources for and revenues

(municipality/city/province) are collected, and that

programmed

agro-industrial

(municipal/city/provincial) funds are applied to the payment of expenses and settlement of obligations of the in or

5.

Issue permits, without need of approval therefor from any

national agency, for the holding of activities for any charitable or welfare purpose, excluding

(municipality/city/province), accordance ordinance; 4. with law

prohibited games of chance or shows contrary to law, public policy and public owners; governors) 6. Require owners of illegally (does not apply to

Issue licenses and permits and suspend or revoke the same for any violation of the conditions upon which said licenses or permits had been issued,

constructed houses, buildings or other structures to obtain the necessary permit, subect to such fines and penalties as may be imposed by law or ordinance, to make necessary changes in the construction of the same when said

pursuant to law or ordinance;

construction violates any law or

ordinance,

or

to order

the

7.3.

Protect

funds,

credits,

demolition or removal of said house, building or structure within the period prescribed by law or ordinance; governors) 7.1. Adopt adequate (does not apply to 8.1.

rights, and other properties of the (municipality/city/province); Institute or cause to be instituted judicial administrative proceedings for or the

violation of ordinances in the collection of taxes, fees or charges, and for the recovery of funds and property; 8.2. Cause (municipality/city/province) the to

measures to safeguard and conserve land, mineral, marine, forest, and other resources for the (municipality/city/province in coordination with the mayors of component municipalities); 7.2. Provide efficient and cities and

be defended against all suits to ensure that its interests,

resources and rights shall be adequately protected;

effective property and supply management in the D. Ensure the delivery of basic and the provision of

(municipality/city/province);

services

adequate facilities (see Sec. 17 (B) (2)), and in addition thereto, shall: 1. Ensure that the construction and repair of funded roads by and the

a. rendered by national and provincial offices in the case of municipalities b. rendered by national

highways

offices in the case of highly urbanized and independent

National Government shall be, as far as practicable, carried out in a spatially contiguous manner and in coordination with the construction and repair of the roads and bridges of the (municipality/city province/province component municipalities); 2. Coordinate the implementation of technical services, including public works and infrastructure programs in the municipality and and the its and

component cities c. rendered by national and

provincial offices in the case of component cities d. rendered by national

offices for the province and its component municipalities cities and

cities

Power, duties of the Municipal ViceMayor, City Vice-Mayor, Vice

Governor (Sec 445, 456, 466) 1. Be the presiding officer of the sanggunian and sign all

warrants

drawn

on

the

functions

of

the

(municipal

(municipal/city/provincial) treasury for all expenditures appropriated for the operation of the sanggunian 2. Subject to civil service law, rules and regulations, appoint all officials and employees of the sanggunian, except those whose manner of appointment is specifically provided in the LGC 3. Assume (municipal mayor/governor) the office of the A.

mayor/city mayor/governor) in cases of temporary vacancy 5. Exercise such powers and

perform such other duties and functions as may be prescribed by law or ordinance

Powers, duties and functions of the Sangguniang (Bayan, Panglungsod, Panlalawigan) (Sec 444, 455, 465)

Approve ordinances and pass

mayor/city for the

resolutions necessary for an efficient and (municipal/city/provincial) government, and in this connection: 1. Review all ordinances effective

unexpired term of the latter in the event of permanent

vacancy 4. Exercise perform the the powers duties and and

approved by the (sangguniang barangay/sangguniang

barangay/sanggunians component cities

of and

3.

Appprove ordinances imposing a fine not exceeding

municipalities) and EOs issued by the (punong

(P2,500/P5,000/P5,000) or an imprisonment for a period not exceeding (6 months/1 year/1

barangay/punong barangay/mayors of said

year), or both, in the discretion of the court, for the violation of a (municipal/city/provincial)

component units) to determine whether these are within the scope of the prescribed powers of the sanggunian and of the (punong barangay/punong 4.

ordinance Adopt measures to protect the inhabitants of the

barangay/mayor) 2. Maintain peace and order by enacting measures to prevent and suppress riot, or lawlessness, violence, and the

(municipality/city/province) from the harmful effects of manmade or natural disasters and calamities and to provide relief services and assistance for victims during and in the

disorder, rebellion, impose

sedition for

penalties

aftermath of said disasters or calamities and their return to

violation of said ordinances

productive livelihood following said events 5. Enact ordinances intended to prevent, suppress and impose appropriate penalties for 6.

the welfare and morals of the inhabitants of the

(municipality/city/province) Protect the environment and impose appropriate penalties for acts which endanger the environment, such as dynamite fishing and other forms of destructive fishing, illegal

habitual drunkenness in public places, vagrancy, mendicancy, prostitution, establishment and maintenance of houses of ill repute, gambling and other

logging and smuggling of logs, smuggling of natural resources products and of endangered species of flora and fauna, slash and burn farming, and such other activities which

prohibited games of chance, fraudulent devices and ways to obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile delinquency, distribution obscene or or the printing, of

result in pollution, acceleration of eutrophication of rivers and laks, or of ecological imbalance 7. Subject to the provisions of the LGC and pertinent laws,

exhibition

pornographic

materials or publications, and such other activities inimical to

determine duties of

the

powers officials of

and and the

service

who

fills

up

to

temporary vacancy or grant honorarium to any qualified official or employee designated to fill a temporary vacancy in a concurrent capacity at the rate authorized by law 10. Provide a mechanism and the appropriate funds therefor, to ensure the safety of and all

employees

(municipality/city/province) 8. Determine the positions and salaries, and wages, allowances and and or from

other of

emoluments officials paid wholly

benefits employees mainly

(municipal/city/provincial) funds and provide for expenditures necessary for the proper

protection

(municipal/city/provincial) government property, public

conduct of programs, projects, services, and activities of the (municipal/city/provincial) government 9. Authorize the payment of

documents, or records such as those relating land to property ownership,

inventory,

records of births, marriages, deaths, assessments, taxation, accounts, business permits,

compensation to a qualified person not in the government

and such other records and

documents of public interest in the offices and departments of the (municipal/city/provincial)

defend

themselves

against

legal action (does not apply to the sangguniang panlalawigan) 13. Provide insurance insurance barangay or for group additional for

government 11. When the finances of the (municipal/city/provincial) government allow, provide for additional allowances and other benefits to judges, prosecutors, public elementary and high school teachers, and other

coverage officials,

including

members of barangay tanod brigades and other service

units, with public or private insurance companies, when the finances of the (municipal/city) government allow said

national government officials stationed in or assigned to the (municipality/city/province) 12. Provide for legal

coverage (does not apply to the sangguniang panlalawigan)

assistance to barangay officials who, in the performance of their official occasion duties or on have the to

thereof,

B. Generate and maximize the use of resources and revenues for the

initiate judicial proceedings or

development objectives and

plans, priorities

program of the

2.

Subject to the provisions of Book II of the LGC and

(municipality/city (see Sec. 18) with particular attention to agro-industrial development and countryside growth and progress, and relative thereto, shall: 1. Approve the annual and

applicable laws and upon the majority vote of all the

members of the sanggunian, enact ordinances levying taxes, fees and charges, prescribing the rates thereof for general and specific tax purposes, and

supplemental budgets of the (municipal/city/provincial) government and appropriate 3.

granting

exemptions,

incentives or reliefs Subject to the provisions of Book II of the LGC and upon the majority vote of all the members of the sanggunian, authorize mayor/city governor) to the (municipal

funds for specific programs, projects, services and activities of (municipality/city/province), the or

for other purposes not contrary to law, in order to promote the general welfare of the

mayor/provincial negotiate and

(municipality/city/province) and its inhabitants

contract loans and other forms of indebtedness

4.

Subject to the provisions of Book II of the LGC and

mayor/provincial governor) to lease to private parties such public buildings held in a

applicable laws and upon the majority vote of all the

proprietary capacity, subject to existing regulations 6. Prescribe reasonable limits and restraints on the use of property within the jurisdiction of the (municipality/city/province) 7. laws, rules and

members of the sanggunian, enact ordinances authorizing the floating of bonds or other instruments of indebtedness, for the purpose of raising funds to finance development

projects 5. Appropriate funds for the

a. For the sangguniang bayan and sangguniang panlungsod: adopt a comprehensive land use plan for the

construction and maintenance of the rental of buildings for the use of the

(municipality/city/province); and, upon the majority vote of all the members of the the

(municipality/city),

provided,

that the formulation, adoption, or modification of said plan shall be in coordination with the

sanggunian, (municipal

authorize

mayor/city

approved

provincial

the approved comprehensive land use plan, laws, subject rules to and

comprehensive land use plan b. For the sangguniang review the

existing

panlalawigan:

regulations; establish fire limits or zones, particularly in

comprehensive land use plans and zoning ordinances cities and adopt of and a

populous centers; and regulate the construction, repair or

component municipalities

modification of buildings within said fire limits or zones in accordance with the provisions of the Fire Code

comprehensive provincial land use plan, subject to existing laws 8. Reclassify jurisdiction (municipality/city), land within of subject the the to 10.

(does not apply to the sangguniang panlalawigan) Subject to national law, process subdivision and plans commercial, approve for or

the pertinent provisions of the LGC (does not apply to the sangguniang panlalawigan) 9. Enact integrated zoning

residential,

industrial purposes, and other development purposes, and

ordinances in consonance with

collect processing fees and

other charges, the proceeds of which shall accrue entirely to the (municipality/city): Provided, however, that where approval by a national agency or office is required, said approval shall not be withheld for more than 30 days from receipt of the application. Failure to act on 12.

kawag-kawag, or fry of any species or fish within the

municipal waters (does not apply to the sangguniang panlalawigan) With the concurrence of at least 2/3 of all the members of the SANGGUNIAN, grant tax exemptions, incentives or

the application within the period stated above shall be deemed as approval (does not apply to the sangguniang panlalawigan) 11. Subject to the provisions of Book II of the LGC, grant the exclusive privilege of

reliefs to entities engaged in community industries (does not apply to the sangguniang panlalawigan) * Under 192, LGC, through duly grant tax growth-inducing

LGUs

may,

ordinances approved,

constructing fish corrals or fish pens, or the taking or catching of bangus fry, prawn fry or

exemptions, incentives or reliefs under such terms

and conditions as they may deem necessary. 13. Grant loans or provide grants to other LGUs or to national, municipal benevolent or provincial and

15.

Regulate the inspection, weighing and measuring of articles of commerce (does not apply to the sangguniang panlalawigan)

charitable, educational

16.

For

the

sangguniang

panlalawigan: adopt measures to enhance the full

institutions: Provided, that said institutions are operated and maintained within the

implementation of the national agrarian reform program in

(municipality/city) (does not apply to the sangguniang panlalawigan) 14. Regulate the numbering of residential, commercial and other buildings (does not apply to the sangguniang panlalawigan)

coordination with the DAR

C. Subject to the provisions of Book II of the LGC, grant franchises, enact ordinances authorizing the issuance of permits or licenses, or enact ordinances levying taxes, fees and charges upon such conditions and for such purposes intended to promote the general welfare of the inhabitants

of the (municipality/city, and pursuant to his legislative authority shall: 1. Fix and impose reasonable fees and charges rendered for by all the

b.

For

the

Sangguniang or fix

Panlungsod:

regulate

license fees for any business or practice of profession within the city and the conditions under which the license or for said of

services

(municipal/city/provincial) government to private persons or entities 2. a. For the Sangguniang

business

practice

profession may be revoked and enact ordinances levying taxes thereon c. For the Sangguniang

Bayan: regulate any business, occupation, profession or or practice calling of

Panlalawigan: regulate or fix the license fees for such

which

does not require government examination within the 3.

activities as provided under the LGC Prescribe the terms and

municipality and the conditions under which the license for said business or practice of

conditions under which public utilities owned by shall the be

profession may be issued or revoked

(municipality/city)

operated by the municipal/city

government or leased to private persons or entities, preferably cooperatives 4. Regulate the display of and fix the license fees for signs, signboards, or billboards at the place/s where the profession or business advertised thereby is, in whole or in part, conducted 5. Any law to the contrary 7.

regulate

the

operation

of

tricycles and grant franchises for the operation thereof within the territorial jurisdiction of the (municipality/city) Upon approval by a majority vote of all the members of the sanggunian, grant a franchise to any person, partnership,

corporation, or cooperative to establish, construct, operate

notwithstanding, authorize and license the establishment,

and maintain ferries, wharves, markets or slaughterhouses, or such other similar activities

operation, and maintenance of cockpits, cockfighting breeding and and of regulate commercial gamecocks:

within the (municipality/city) as may be allowed by applicable laws: Provided, that,

Provided, that existing rights should not be prejudiced 6. Subject prescribed to the by guidelines the DOTC,

cooperatives shall be given preference in the grant of such a franchise

 (Nos. 3-7 do not apply to the sangguniang

the

owner,

administrator

or

tenant concerned to pay the expenses of the same; or

panlalawigan)

require the filling up of any land D. Regulate activities relative to the use of land, buildings and structures within the (municipality/city) in order to promote the general welfare and for said purpose shall: 1. Declare, prevent ora abate any nuisance 2. Require that buildings and the premises thereof and any land within the (municipality/city be kept and maintained condition; for or any in a 4. 3. or premises to a grade

necessary for proper sanitation Regulate the disposal of clinical and other wastes and from other

hospitals,

clinics

similar establishments Regulate the establishment,

operation and maintenance of cafes, restaurants, beerhouses, hotels, motels, inns, penison houses, lodging houses, and other similar establishments,

sanitary penalties thereof,

impose violation failure to 5.

inlcuding tourist guides and transports Regulate the sale, giving away or dispensing of any

upon

comply with said requirements, have the work done and require

intoxicating malt, vino, mixed or fermented liquors at any retail outlet 6. Regulate the establishment and provide for the inspection of steam boilers or any heating device in buildings and the storage of inflammable and highly combustible materials

other events or activities for amusement or entertainment, particularly those which tend to disturb the community or annoy the inhabitants, or require the suspension or suppression of the same; or prohibit certain forms of amusement in order or to

entertainment

within the municipality 7. Regulate the establishment, 8.

protect the social and moral welfare of the community Provide for the impounding of stray animals; regulate the

operation, and maintenance of entertainment or amusement facilities, including theatrical

keeping of animals in homes or as part of a business, and the slaughter, sale or disposition of the same; and adopt measures to prevent and penalize cruelty to animals

performances, circuses, billiard pools, public dancing schools, public dance halls, sauna

baths, massage parlors, and other places of entertainment or amusement; regulate such

9.

Regulate

the

establishment,

1.

Provide for the establishment, maintenance, protection, and conservation of communal

operation and maintenance of funeral parlors, and the burial or cremation of the dead,

forests and watersheds, tree parks, greenbelts, mangroves, and other similar forest

subject to existing laws, rules and regulations

development projects E. Approve ordinances which shall 2. Establish slaughterhouses corrals and or markets, animal the

ensure the efficient and effective delivery of the basic services and facilities addition: For the sangguniang bayan and sangguniang panlungsod: (see Sec. 17), and in

authorize

operation thereof, and regulate the construction and operation of private markets, talipapas or other similar buildings and

structures 3. Authorize the establishment,

maintenance and operation of ferries, wharves, and and other marine

structures,

seashore or offshore activities

intended productivity 4.

to

accelerate

designate occupied b

stands public

to

be

vehicles

Regulate the preparation and sale of meat, poultry, fish, vegetables, fruits, fresh dairy products, and other foodstuffs for public consumption

when not in use; regulate the putting up of signs, signposts, awnings and awning posts on the streets; and provide for the lighting, cleaning and sprinkling of streets and public places 6. Regulate traffic on all streets and bridges, prohibit the putting up of encroachments or

5.

Regulate the use of streets, avenues, alleys, sidewalks,

bridges, parks and other public places and approve the

construction,

improvement,

obstacles thereon, and, when necessary in the interest of public welfare authorize the removal of encroachments and illegal constructions in public places 7. Subject to existing laws,

repair and maintenance of the same; establish bus and

vehicle stops and terminals or regulate the use of the same by privately-owned vehicles which serve the public; regulate

garages and the operation of conveyances for hire;

provide for the establishment, operation, maintenance, and

repair

of

an

efficient 8.

of water Regulate the drilling and

waterworks system to supply water regulate for the the inhabitants; construction,

excavation of the ground for laying of water, gas, sewer, and other pipes and repair the and

maintenance, repair and use of hydrants, pumps, cisterns and reservoirs; protect the purity and quantity of the water

construction,

maintenance of public drains, sewers, cesspools, tunels and similar structures; regulate the placing of poles and the use of crosswalks, curbs, and gutters; adopt public measures safety to ensure open

supply of the (municipality/city and, for this purpose, extend the coverage of appropriate ordinances over all territory within the drainage area of said water supply and within 100 meters of the reservoir, conduit, canal, aqueduct, pumping

agaisnt

canals, manholes, live wires and other similar hazards to life and property; and regulate the construction and use of private water closets, privies and other similar structures in buildings and homes

station, or watershed used in connection service; with the water the

and

regulate

consumption, use or wastage

9.

Regulate the placing, stringing, attaching, installing, repair and construction of all gas mains, electric, telephone telegraph wires, and conduits, 11.

and collect reasonable fees and other school charges on said institutions, subject to

existing laws on tuition fees Establish a scholarship fund for poor but deserving students residing within the muncipality in schools located within its jurisdiction 12. Approve measures and adopt quarantine regulations to prevent the introduction and spread of diseases 13. Provide for an efficient and effective system of solid waste and garbage collection disposal and prohibit littering and the placing or throwing of garbage, refuse and other filth and wastes

meters and other apparatus; and, provide for the correction, condemnation or removal of the same when found to be or

dangerous,

defective

otherwise hazardous to the welfare of the inhabitants 10. Subject to the availability of funds and to existing laws, rules and regulations, establish and provide for the operation of vocational schools and and technical post-

similar

secondary institutions and, with the approval of the DECS, fix

14.

Provide for the care of paupers, the aged, the sick, persons of unsound mind,

programs,

and

appropriate

funds for the subsistence of detainees and convicted

disabled persons, abandoned minors, drug juvenile delinquents, abused 16.

prisoners in the municipality/city Establish a municipal/city council whose purpose is the promotion of culture and the arts, coordinate agencies subject to with and the

dependents,

children and other needy and disadvantaged persons,

partcularly children and youth below 18 years of age and, subject to the availability of funds, establish and provide for the operation of centers and facilities for said needy and disadvantaged persons 15. the Establish and provide for maintenance of jails and and 17.

government NGOs and

availability of funds, appropriate funds for the support and

development of the same Establish a municipal/city council for the elderly which shall formulate policies and adopt measures mutually

improvement detention sound

beneficial to the elderly and to the community; provide

centers, jail

institute

management

incentives for nongovernmental

agencies

and

entities

and,

for

supplying

water

to

subject to the availability of funds, appropriate funds to 3.

inhabitants of component cities and municipalities Subject to the availability

support programs and projects for the benefits of the elderly

offunds and to existing laws, rules and regulations, provide

For the sangguniang panlalawigan: 1. Adopt safeguards measures against and pollution

for

the

establishment

and

operation of vocational and technical schools and similar post-secondary institutions;

and for the preservation of the natural ecosystem in the

and, with the approval of the DECS and subject to existing laws on tuition fees, fix

province, in consonance with approved standards on human settlements and environmental sanitation 2. Subject to applicable laws,

reasonable tuition fees and other school charges in

educational

institutions

facilitate or provide for the establishment and 4.

supported by the provincial government; Establish a scholarship fund or the poor but deserving students

maintenance of waterworkds system or district waterworks

in schools located within its jurisdiction or for students

centers and facilities for said needy and disadvantaged

residing within the province; 5. Approve measures and adopt quarantine regulations to

persons, and facilitate efforts to promote the welfare of families below the poverty threshold, the disadvantaged, and the exploited; 7. Establish and provide for the maintenance and improvement of jails and detention centers, institute a sound program, funds for jail and the

prevent the introduction and spread of diseases within its territorial jurisdiction; 6. Provide for the care of paupers, the aged, the sick, persons of unsound minors, disabled mind, abused persons, abandoned children, juvenile

management appropriate

delinquents, drug dependents, and other needy and

subsistence of detainees and convicted province 8. Establish a provincial council whose purpose is the prisoners in the

disadvantaged

persons,

particularly children and youth below 18 years of age; subject to availability of funds, establish and support the operation of

promotion of culture and the arts, coordinate with

government

agencies

and

F. Exercise such other powers and perform such other duties and

nongovernmental organizations and, subject to the availability of funds, appropriate funds for the support and development of the same; 9. Establish a provincial council for the elderly which shall

functions as may be prescribed by law or ordinance

A. The Municipality Scope of power to tax municipalities; provinces in share of

formulate policies and adopt measures mutually beneficial to the elderly and to the province; and subject to the availability of funds, appropriate funds to

municipal

taxes (Sec 440 447) See above Munez v. Arlino Mayor Agusan Asuero del Irisari Sur of Loreto,

support programs and projects for the elderly; and provide incentives for nongovernmental agencies support and the entities to and

summoned

Apolinario S. Munez for a conference on a land dispute with one Tirso Amado. Munez failed to appear and Mayor Irisari issued a warrant of arrest against him. It was served on

programs

projects of the elderly;

the former although no investigation later ensued. Munez filed a criminal complaint against Mayor Irisari for grave misconduct and usurpation of judicial function with the Office of the Ombudsman and an administrative complaint for misconduct in office and abuse of authority with the Sangguniang Panlalawigan of

effectivity of the 1987 Constitution. The Sangguniang Panlalawigan (SP) on the other hand adjudged Irisari to be guilty of the administrative

complaint and suspended him for 8 months without pay. The DILG

reversed the SP and said that while the warrant issued by the Mayor was one of arrest, it was actually just a summons or an invitation. Judge Arino dismissed the case based on the decision by the DILG saying that decisions by administrative agencies, when not tainted by unfairness and arbitrariness should be respected. Acting on the said decision, Munez sent two letters to the Presidential Anti-Crime Commission charging

Agusan del Sur. The investigating officer of the filed Office a of case the for

Ombudsman

usurpation of judicial function against Irisari which the latter moved to quash, alleging that Sec 143 of the former LGC authorized mayors to issue warrants of arrest. Judge Arino denied the MTQ on the ground that the power of Mayors to issue

Judge Arino with knowingly rendering an unjust judgment.

warrants ceased to exist with the

HELD: The Court agrees with the Ombudsman that the Judge may have acted in good faith but must be administratively liable. It is not true that what was issued wasnt a warrant of arrest. The mayor even justified his order by citing Sec. 143 of the former LGC, which provided that in cases where the mayor may conduct preliminary investigation, the mayor shall, upon probable cause after examination of the witnesses, have the authority to order the arrest of the accused. The said provision was however repealed by Art II, Sec 2 of the 1987 Constitution, which expressly provides that only a judge can personally issue warrants. It was also held in Ponsica vs. Ognalaga that the grant of the said power on

the Mayor had been abrogated, rendered functus officio by the

Constitution. That there was no pending criminal case did not make the order any less an order of arrest. There was only a land dispute and no criminal case against Munez. The Mayor thus performed a judicial function that even a judge couldnt have done. Judge Arino reversed himself citing the DILG decision when the case wasnt before him on review from the decision of the

administrative agency. There was no reason to apply substantiality of evidence. Before him was a criminal case and he shouldve considered solely the facts alleged in the

information. The acts alleged in the information constitute the crime of

usurpation

of

judicial

authority,

was part of Lot 261-B, formerly registered in the name of Aurora Camacho. It was subdivided into certain lots- some were sold, other donated. Five buyers of the lot filed Civil Case 3803 against Camacho for partition and delivery of titles. Petitioner applied for and was

satisfying the elements of the same. At the very least, he showed poor judgment and gross ignorance of basic legal principles. What the judge did was to rely on the opinion of the DILG, disregarding his own previous ruling, and showing a lack of capacity for independent judgment in the process. Greater Balanga Devt Corp v. Municipality of Balanga, Bataan The case involves Lot 261 B-6-A-3 with a land area of 8,467 sq meters located behind the public market in Balanga, Bataan, It is registered in the name of Greater Balanga Devt. Corp, owned and controlled by the Camacho family. The lot in question

granted a business permit by the Office of the Mayor of Balanga but failed to mention the existence of Civil Case 3803. The permit granted the privilege of a real estate market

dealer/privately-owned

operator. The Sangguniang Bayan (SB) however passed Resolution No.12, s-88 annulling the Mayors permit issued to petitioner,

mentioning that the civil dispute as to the ownership of the lot caused

anxiety, uncertainty and restiveness among the stallholders and traders in the lot, and advising the Mayor to revoke the permit to operate a public market. The Mayor took the advice and revoked the permit by way of EO No.1, s-88. Petitioner filed instant petition with prayer for preliminary mandatory and prohibitory injunction or restraining order aimed at the reinstatement of the Mayors permit and the curtailment of the

collection of market fees is illegal. The Municipality asserts on the other hand that the Mayor as local chief executive has the power to issue, deny or revoke permits. They claim that the revocation was due to the violation by the corporation of Section 3A-o6(b) of the Balanga Revenue Code when it: 1) made a false statement in the application form, failing to disclose that the lot was subject of adverse claims for which Civil Case 3803 was filed, 2) failed to apply for two separate permits for the 2 lines of business (real estate and public market). HELD: The authority of the Mayor to revoke permits is premised on a violation by the grantee of any of the conditions for its grant. The

municipalitys collection of market and entrance of fees the lot. from the

occupants

Petitioner

corporation alleges that: 1) it didnt violate any law, thus theres no reason for revocation of permit 2) the respondents failed to observe due process in the revocation 3) the

application for the Mayors permit at bench requires the applicant to state the type of business, profession, occupation, privileges applied for. Revocation cannot be justified under the mentioned provision for there must be 1) proof of willful

maintain a public market on the area. Until expropriation proceedings are instituted in court, the owner cannot be deprived of its land. The SB has the duty to regulate any business subject to municipal license fees and provide conditions for revocation but anxiety, uncertainty, restiveness

misrepresentation and 2) deliberate intent to make a false statement. Good faith is always presumed. Neither was the petitioners applying for two businesses in one permit a ground for revocation. Section 3A06(b) does not expressly require two permits for two businesses but only that separate fees be paid for each. The Resolution by the SB stated that the land was earmarked for the expansion of the Balanga Public Market. The SB doesnt actually

among stallholders who are doing business on property not owned by the Municipal government is not among those conditions. Also, the manner by which revocation was done violated the petitioners right to due process the alleged violation of the Revenue Code was not

mentioned in the revocation order, neither was the petitioner informed of his specific violation. Moreover, the respondent Municipality isnt the

owner of Lot 261 B-6-A-3 and thus cannot collect market fees and

operations.

Lim

also

refused

to

accept Bistros application for a business permit and its staffs

market entrance fees, which only an owner can do. B. The City Scope of Power to tax of cities (Sec 448 458) See above Lim v. CA Bistro Pigalle Inc. is the owner of the New Bangkok Club and Exotic

applications for work permits. Bistro says that Lims refusal to issue permits is against the doctrine laid down in Dela Cruz vs. Paras that Municipal corporations cannot

prohibit the operation of nightclubs. They may be regulated but not prevented from carrying on their business. The trial court issued a TRO against Lim and after receiving evidence from the parties, issued a prohibitory mandatory injunction

Garden Restaurant in Malate Manila. Bistro filed a case against Mayor Lim after the policemen, under the

Mayors instructions, inspected and investigated Bistros license, along with the work permits and health certificates of its staff, causing

against the same, ordering him to cease and desist from impeding the business operations of Bistro while the case awaits resolution on the merits. Both orders were ignored by

stoppage of work in Bistros business

Lim, insisting that the power of a mayor to inspect is commercial in the

includes suspend premised

the and on

corollary revoke violation

power

to

licenses of the

establishments

implicit

statutory power to issue, suspend or revoke business licenses, provided in Sec 11 (1), Art II of the Revised Charter of the City of Manila and in Sec 455 of the LGC. down Lim the

conditions upon which they were granted. True, the mayor has the power to investigate whether the conditions are complied with but he has no power to order a police raid on such establishments. In doing so, Lim acted beyond his authority and in patent violation of Ordinance 7716, which prohibits of police raid

permanently

closed

operations of Bistro pursuant to newly-enacted Manila City Ordinance No7783. Lim argues that the passage of the ordinance has made the case filed by Bistro moot and academic. HELD: The authority of mayors to issue business licenses and permits is beyond question as the law, specifically the Revised Charter of Manila expressly provides for such authority. The power to issue

inspections

business

establishments. In refusing to issue a business permit, Lim didnt specify any violation committed by Bistro. Neither was Bistro given the proper notice and the opportunity to be heard, infringing its right to due process of law. There is no provision

in any law authorizing the mayor to close down establishments without notice and hearing and if there is, such will be void. While Lims campaign against

correct

in

restraining powers of

him.

The

regulatory

municipal

corporations must be exercised in accordance with the rights of people to due process and equal protection of the law.

prostitution is commendable, his acts were arbitrary and the trial court was C. The Province Sec 459 490, LGC For Sec 459 468, see above

Appointive Local Officials Common to Municipalities, Cities and Province (Sections 469-490)

Position

Necessity

Qualifications

Duties

1. Secretary mandatory to the position

Qualifications a. Citizen of

a. Attend meetings of the the sanggunian and

Sanggunian

Philippines

keep a journal of its

b. Resident of the proceedings; LGU concerned c. Of good b. Keep the seal of the moral LGU and affix the same with his signature to all of a ordinances, resolutions,

character d. A holder

college preferably in

degree and other official acts of law, the sanggunian and

commerce or public present the same to the administration from a presiding officer for his recognized college or signature; university, and c. Forward to the

e. A first grade civil governor or mayor for service eligible or its approval, equivalent. 469[b]) copies of

(Sec ordinances enacted by the sanggunian and duly certified by the presiding officer;

d.

Forward

to

the

sanggunian panlungsod or bayan or the

sangguniang panlungsod component sangguniang cities of or

bayan,

copies of duly approved ordinances; e. Furnish of certified of

copies

records

public character in his custody; f. Record in a book kept for the purpose, all and

ordinances

resolutions enacted or adopted sanggunian, by with the the

dates of passage and

publication thereof; g. Keep his office and all non-confidential records therein open to the

public during the usual business hours; h. Translate used of into by the the the all and

dialect majority

inhabitants ordinances

resolutions immediately after their approval, and cause the publication of the same; i. Take custody of the local where archives applicable, and, the

local library and annually account for the same;

and j. Exercise such other powers and perform

such other duties and functions as may be prescribed by law or ordinance relative to his 2. Treasurer mandatory position a. Citizen of position. (Sec. 469[c]) the a. Perform the duties provided for under Book

Philippines

b. A resident of the II of the Code Appointed the of by LGU concerned Of good b. Advise the governor moral or mayor, sanggunian, and of other local

Secretary c.

Finance character A holder

from a list of at d.

a government and national regarding of local

least 3 ranking, college eligible preferably

degree officials in disposition

recommendees commerce,

public government funds, and

of the governor administration or law other matters relative to or mayor, as from a recognized public finance;

the case may college or university, c. Take custody of and

be [a])

(Sec

470 and

exercise

proper of the

e. A first grade civil management service eligible or its funds of LGU; equivalent. f. experience treasury

d. Take charge of the Acquired disbursement of all local in government funds and or such other funds the

accounting service for custody of which may be at least 5 years in the entrusted to him; case of the city or e. provincial Inspect private and

treasurer, commercial

and 3 years in the industrial establishments case of the municipal in treasurer. 470[c]) relation to of the tax

(Sec implementation ordinances;

f. Maintain and update the tax information

system of the LGU; g. In the case of the provincial treasurer,

exercise supervision treasury component

technical over offices cities all of and

municipalities; and h. Exercise such other powers and perform

such other duties and functions as may be prescribed by law or 3. Assistant Appointed the of ordinance. (Sec 470[d]) by a. A citizen of the a. Assist the treasurer and perform such duties

Treasurer

Secretary Philippines,

Finance b. Resident of the as the latter may assign to him. moral b. Administer oaths

from a list of at LGU concerned, least 3 ranking, c. eligible Of good

character, A holder of

concerning notices and a notifications to in of the tax those the real and

recommendees d.

of the governor college or mayor (Sec preferably 471[a]) commerce,

degree delinquent in payment public property

administration, or law concerning from a

official

recognized matters relating to the accounts of the

college or university,

e. A first grade civil treasurer or arising in service eligible or its the equivalent, offices of and the the

treasurer

f. Acquired at least 5 assessor. (Sec 471[c]) years experience in the treasury or

accounting service in the case of the city or provincial assistant

treasurer, and 3 years in the case of the municipal treasurer. 4. Assessor mandatory position 471[b]) a. Citizen Philippines, of assistant (Sec the a. Take charge of the assessor's office,

b. A resident of the b. Perform the duties LGU concerned, provided for under Book

c.

Of

good

moral II of the Code, c. Ensure that all laws of a and policies governing appraisal of and real

character, d. A holder

college

degree the

preferably in civil or assessment mechanical engineering, commerce, or

properties for taxation purposes are properly any executed; Initiate, review, and

other related course d. from a

recognized recommend changes in policies and objectives, and programs,

college or university,

e. A first grade civil plans

service eligible or its techniques, procedures equivalent. f. experience and practices in the and of real

Acquired valuation in real assessment

property assessment properties for taxation work or in any related purposes; field for at least e. Establish a systematic

5years in the case of method of real property

the city or provincial assessment; assessor, and 3 years f. Install and maintain a in the case of the real municipal (Sec 472[a]) assessor. identification accounting system, g. Prepare, install and maintain a system of tax mapping; h. Conduct frequent to property and

physical verify whether properties province

surveys and

determine all within real the

are

properly

listed in the assessment rolls; i. Exercise the functions of appraisal and

assessment primarily for taxation purposes of all

real properties in the LGU; j. Prepare a schedule of the fair market value for the different classes of real properties; k. Issue certified copies of assessment records of real property and all other records relative to its assessment; l. Submit every semester a report of all

assessments, cancellations modifications and of

assessments to the local chief executive and the sanggunian; m. In the case of the

assessor component municipality

of city

a or

attend

sessions of the local board of assessment

appeals whenever his assessment is the

subject of the appeal; n. In the case of the provincial exercise assessor, technical

supervision and visitorial functions component municipal coordinate component city over city all and

assessors, with or

municipal assessors in the conduct of tax

mapping operations and

all

other

assessment

activities, and provide all forms of assistance;

(Sec 472[b]) o. other perform Exercise powers such such and other

duties and functions as may be prescribed by law or ordinance. (Sec 5. Assistant optional position 472[c]) b. Resident of the a. Assist the assessor LGU concerned, and perform such other c. Of good moral duties as the latter may character, assign to him d. A holder of a b. Administer oaths on college degree all declarations of real preferably in civil or property for purposes of mechanical assessment. (Sec engineering, 473[b]) commerce, or any

Assessor

related course from a recognized college or university e. A first grade civil service eligible or its equivalent. f. experience Acquired in

assessment or in any related field for at least 3years in the case of the city or provincial assistant

assessor, and 1 year in the case of the city or provincial assistant assessor. 6. Accountant mandatory position 473[a]) a. Citizen Philippines, of (Sec the a. Take charge of both the accounting and

b. A resident of the internal audit services of

LGU concerned, c. Of good

the LGU; moral b. Install and maintain an internal audit system

character,

d. A certified public in the local LGU; accountant. e. experience treasury c. Prepare and submit Acquired financial statements to in the the governor or mayor or and to the sanggunian; Apprise the

accounting service for d.

at least 5 years in the sanggunian and other case of the provincial local or city government

accountant, officials on the financial

and 3 years in the condition and operations case of the municipal of the LGU; accountant. 474[a]) f. Incumbent in (Sec e. Certify to the

availability of budgetary chief allotment the expenditures may to which and be

accountant

office of the treasurer obligations shall be

given properly charged;

preference appointment position

in to

the f.

Review

supporting before

the documents

of preparation of vouchers to completeness requirements; g. Prepare statements of cash liquidation, allowances, reimbursements remittances; h. Prepare statements of journal vouchers and and advances, salaries, determine of

accountant.(Sec 474[c])

liquidation of the same and other adjustments; i. Post individual to the and

disbursements subsidiary index cards;

ledger

Maintain

individual

ledgers for officials and employees pertaining to payrolls and deductions; j. Record and post in index cards details of purchased furniture,

fixtures, and equipment, including thereof, if any; k. Account for all issued requests for obligations and maintain and keep all records and reports related thereto; l. Prepare journals and the analysis of disposal

obligations and maintain and keep all records and reports related thereto;

and m. Exercise such other powers and perform

such other duties and functions as may be provided 7. Budget mandatory position a. Citizen of by law or

ordinance. (Sec 474[b]) the a. Take charge of the budget office; Prepare and forms, circulars

Officer

Philippines,

b. Resident of the b. LGU concerned, c. Of good

orders,

moral embodying on of

instructions and

character, d. A holder

budgetary

a appropriation matters for signature of the

college preferably accounting, economics,

degree the

in governor or mayor, c. Review and

public consolidate the budget of different

administration or any proposals

related course from a departments and offices; recognized college or d. Assist the governor

university,

or

mayor

in of

the the during

e. A first grade civil preparation service eligible or its budget equivalent. f. experience government and

budget hearings; Acquired e. Study and evaluate in budgetary implications

of proposed legislation

budgeting or in any and submit comments related field for at and recommendations

least 5 years in the thereon; case of the provincial f. Submit periodic

or city budget officer, budgetary reports to the and at least 3 years in DBM; the case of the g. Coordinate with the accountant,

municipal

budget treasurer,

officer. (Sec 475[a])

and the planning and development coordinator for the purpose of

budgeting; h. Assist the sanggunian

concerned in reviewing the approved budgets; i. Coordinate with the planning and

development coordinator in the formulation of the local government unit

development plan; (Sec 475 [b]) j. Exercise such other powers and perform

such other duties and functions as may be prescribed by law or 8. and Development Coordinator Planning mandatory position a. Citizen of ordinance. (Sec 475[c]) the a. Take charge of the planning and

Philippines

b. A resident of the development office LGU concerned c. Of good b. Formulate integrated moral economic, physical, and social, other

character

d.

holder

of

a development plans and

college preferably planning, in

degree policies for consideration urban of the local government development council; continuing

development studies, c. Conduct economics,

public studies, researches, and programs to evolve

administration, or any training related course from a necessary

recognized college or plans and programs for university implementation; Integrate and

e. A first grade civil d.

service eligible or its coordinate all sectoral equivalent f. experience plans and by studies the

Acquired undertaken in different

functional

development planning groups or agencies; or in any related field e. Monitor and evaluate for at least 5 years in the the case of or the the implementation of

different

provincial

city development programs,

planning development coordinator, and

and projects, and activities in the 3 unit local government in the

concerned with

years in the case of accordance the planning development coordinator. 476[a]) municipal approved and plan; f.

development

Prepare plans

(Sec comprehensive

and other development planning documents for the consideration of the local council; g. Analyze the income and expenditure development

patterns, and formulate and recommend fiscal plans and policies for consideration finance of the of

committee

LGU; h. Promote people in planning

participation development within the LGU;

i. Exercise supervision and control over the

secretariat of the local development 9. Engineer mandatory position a. Citizen of council; local (Sec

and (Sec 476[b]) the a. Act as the building official

Philippines,

b. A resident of the 477[a]) LGU concerned, c. Of good b. Initiate, review and moral recommend changes in policies and objectives, and programs,

character,

d. A licensed civil plans engineer e. experience practice

techniques, procedures Acquired and in of practices in

the infrastructure his development and public

profession for at least works in general; 5 years in the case of c. Advise the governor the provincial or city or mayor on public other

engineer, and 3 years infrastructure, in the case of the works, municipal (Sec 477[a]) and

engineer. engineering matters; d. coordinate, and Administer, supervise, the

control

construction, maintenance, improvement, and repair of roads, bridges, and other engineering and public works projects; e. Provide engineering services to the LGU, including investigation

and survey, engineering designs, feasibility

studies,

and

project

management; f. In the case of the provincial exercise supervision engineering component engineer, technical over offices cities all of and

municipalities; and (Sec 477[b]) g. Exercise such other powers and perform

such other duties and functions as may be prescribed by law or 10. Officer Health mandatory position ordinance. (Sec477[c]) d. A licensed medical a. Take charge of the practitioner. e. experience practice office on health services, Acquired supervise the personnel in of the and staff of said office, his formulate program

profession for at least implementation 5 years in the case of guidelines and rules and the provincial or city regulations for the

health officer, and 3 operation of the said years in the case of b. Formulate measures the municipal health for the consideration of officer. (Sec478[a]) the sanggunian and

provide

technical

assistance and support to the governor or mayor in carrying out activities to ensure the delivery of basic provision services of and

adequate

health facilities; c. Develop plans and strategies, the same, implement particularly

those which have to do with health programs

and projects which the governor or mayor, is empowered implement the and to which is

sanggunian

empowered to provide for; d. Formulate and policies, and

implement plans,

programs

projects to promote the health of the people; e. Advise the governor or mayor and the

sanggunian on matters pertaining to health; f. Execute and enforce all laws, ordinances and regulations public health; relating to

g. Recommend to the sanggunian, through the local health board, the passage of such

ordinances as he may deem necessary for the preservation health; h. Recommend of of the any of public

prosecution violation laws,

sanitary or

ordinances

regulations; i. Direct the sanitary of all

inspection

business establishments selling food items or providing accommodations as hotels, such motels,

lodging houses, pension houses, and the like, in accordance with the

Sanitation Code; j. Conduct health

information and

campaigns health

render

intelligence services; k. Coordinate with other government and agencies

non-governmental

organizations involved in the promotion of and health

delivery services;

l. In the case of the provincial health officer, exercise general

supervision over health officers of component

cities and municipalities; and m. Be in the frontline of health services delivery, particularly during and in the aftermath of manmade and natural

disasters and calamities; and (Sec478[b]) n. Exercise such other powers and perform

such other duties and functions as may be prescribed by law or 11. Civil mandatory: city a. and municipal Citizen of ordinance. (Sec478[c]) the a. Responsible for the civil registration program to the Civil

Registrar

Philippines,

b. A resident of the pursuant LGU concerned, c. Of good

Registry Law, the Civil moral Code, and other

character,

pertinent laws, rules and

d.

holder

of

a regulations (Sec479[b])

college degree from a b. Take charge of the recognized college or office of the civil registry university, c. Develop plans and and the same,

e. A first grade civil strategies service eligible or its implement equivalent. f. experience

particularly those which Acquired have to do with civil in civil registry programs and which the

registry work for at projects

least 5 years in the mayor is empowered to case of the city civil implement registrar and 3 years the and which is

sanggunian

in the case of the empowered to provide municipal civil for d. Accept all registrable documents and judicial decrees affecting the

registrar. (Sec479[a])

civil status of persons; e. File, keep and

preserve in a secure place the books required by law; f. Transcribe and enter immediately receipt all upon registrable

documents and judicial decrees affecting the

civil status of persons in the civil registry books; g. Transmit to the Office of the Civil RegistrarGeneral duplicate copies of registered documents required by law; h. Issue certified

transcripts or copies of any certificate or

registered

documents

upon payment of the

prescribed fees to the treasurer; i. Receive applications for the issuance of a marriage license and

issue the license upon payment of the

authorized fee to the treasurer; g. Coordinate with the NSO in conducting campaigns

educational

for vital registration and assist in the preparation of demographic and

other (Sec479[c])

statistics

h. Exercise such other powers and perform

such other duties and

functions as may be prescribed by law or 12. mandatory: a. Citizen of ordinance. (Sec479[d]) the a. Take charge of the office of the

Administrator provincial city,

and Philippines,

optional: b. A resident of the administrator LGU concerned, c. Of good b. Develop plans and moral strategies implement of the and same

municipal

character, d. A holder

a particularly those which

college

degree have to do with the and

preferably in public management

administration, law, or administration-related any course other related programs and projects a which the governor or

from

recognized college or mayor is empowered to university, implement and which is

e. A first grade civil the

sanggunian

service eligible or its empowered to provide equivalent f. for; Acquired c. Assist in the

experience management administration

in coordination of the work and of all the officials of the work LGU, under the

for at least 5 years in supervision, the case of or the and control

direction, of the

provincial

city governor or mayor, and

administrator, and 3 convene the chiefs of years in the case of offices and other officials the municipal of the local government unit; is d. Establish a and sound

administrator. g. Term

coterminous with that maintain of his

appointing personnel program for the LGU designed to promote career

authority (Sec480[a])

development and uphold the merit principle in the local service; e. Conduct a continuing government

organizational development of the LGU with the end in view of instituting effective

administrative reforms; f. Be in the frontline of the delivery of support particularly to the

administrative services, those

related

situations during and in the aftermath of manmade and natural

disasters and calamities; g. Recommend to the

sanggunian and advise the governor and mayor on all other to matters the and

relative management

administration LGU (Sec480[b])

of

the

h. Exercise such other powers and perform

such other duties and functions as may be prescribed by law or 13. Officers Legal mandatory: provincial city, a. Citizen of ordinance. (Sec480[c]) the a. Take charge of the office of legal services

and Philippines,

optional: b. A resident of the b. Formulate measures LGU, c. Of good for the consideration of moral the sanggunian and

municipal

character,

provide legal assistance support to the

d. A member of the and Philippine Bar e. Practiced

governor or mayor, in his carrying out the delivery

profession for at least of basic services and 5 years in the case of provisions of adequate the provincial and city facilities legal officer, and c. Develop plans and

3years in the case of strategies the municipal legal implement the

and same,

officer

particularly those which to do with

f. Term of the legal have officer shall

be programs and projects

coterminous with that related to legal services of his appointing which the governor or mayor is empowered to implement the and which is

authority.(Sec481[a])

sanggunian

empowered to provide d. Represent the local government unit in all civil actions and special proceedings wherein the LGU or any official

thereof, in his official capacity, is a party; e. Draft ordinances,

contracts, bonds, leases

and other instruments, involving any interest of the LGU; and provide comments recommendations and on

any instruments already drawn; f. Render his opinion in writing on any question of law when requested to do so by the or

governor, sanggunian;

mayor,

g. Investigate or cause to be investigated any local official or employee for administrative

neglect or misconduct in office, and recommend appropriate action;

h. Investigate or cause to be investigated any person, firm or

corporation holding any franchise or exercising any public privilege for failure to comply with any term or condition in the grant or of such

franchise and

privilege,

recommending

appropriate action to the governor, mayor or

sanggunian, as the case may be; i. Initiate and prosecute in the interest of the LGU any civil action on any bond, lease or other contract upon any

breach thereof;

or

violation

j. Review and submit recommendations ordinances and on

approved orders

executive by

issued units; k.

component

Recommend to the

measures

sanggunian and advise the governor or mayor as the case may be on all other matters related to upholding the rule of law ; l. Be in the frontline of protecting human rights and prosecuting any

violations

thereof,

particularly those which occur during and in the aftermath of man-made or natural disasters or calamities; (Sec481[b]) m. Exercise such other powers and perform and

such other duties and functions as may be prescribed by law or 14. Agriculturist mandatory: provincial; optional: a. Citizen of ordinance. (Sec481[c]) the a. Take charge of the office for agricultural

Philippines,

city b. A resident of the service LGU concerned, c. Of good b. Formulate measures moral and provide technical

and municipal

character, d. A holder of

assistance and support a in carrying out said

college

degree or

in measures to ensure the any delivery of basic

agriculture

related course from a services and provision of recognized college or adequate university, relative to facilities agricultural

e. A first grade civil services as provided for service eligible or its under Section 17 equivalent. f. Practiced c. Develop plans and his strategies in implement the and same,

profession agriculture acquired

or particularly those which experience have to do with

in a related field for at agricultural

programs

least 5 years in the and projects which the case of the provincial governor or mayor is and city agriculturist, empowered and 3years in the implement case of the municipal the agriculturist. (Sec482[a]) and to which us

sanggunian

empowered to provide for d. Ensure that maximum assistance and access

to

resources

in

the

production, and

processing of

marketing

agricultural and aquacultural and marine

products are extended to farmers, fishermen

and local entrepreneurs; e. Conduct or cause to be conducted locationspecific agricultural

researches and assist in making available the

appropriate arising out

technology of and

disseminating information research on on basic crops,

preventive and control of plant diseases and

pests,

and

other

agricultural matters f. Assist in the and of

establishment extension services

demonstration farms or aqua-culture and marine products; g. Enforce rules and regulations agriculture aquaculture; h. Coordinate with relating to and

government and promote productivity appropriate compatible NGOs

agencies which

agricultural through technology with

environmental integrity;

i. Be in the frontline of delivery agricultural particularly of basic services, those

needed for the survival of the inhabitants during and in the aftermath of man-made and natural disasters; j. Recommend and

advise on all matters related to agriculture

and aqua-culture which will improve and of the living the

livelihood conditions

inhabitants; (Sec482[b]) k. Exercise such other powers and perform

such other duties and

functions as may be prescribed by law or 15. Social mandatory: a. Citizen of ordinance. (Sec482[c]) the a. Take charge of the office on social welfare development

Welfare and provincial Development city; Officer

and Philippines,

optional: b. A resident of the and LGU concerned, c. Of good services

municipal

moral b. Formulate measures and provide technical

character,

d. A duly licensed assistance and support social worker or a in carrying out measures holder of a college to ensure the delivery of degree preferably in basic sociology or any other provision services of and

adequate

related course from a facilities relative to social recognized college or welfare university, and

development services as for under

e. A first grade civil provided service eligible or its Section 17 equivalent f.

c. Develop plans and Acquired strategies and mplement

experience practice of

in

the the

same

particularly

social those which have to do social welfare

work for at least 5 with

years in the case of programs and projects the provincial or city which the governor or social welfare and mayor is empowered to and which is

development

officer, implement

and 3 years in the the

sanggunian

case of the municipal empowered to provide social welfare and for Identify the basic

development (Sec483[a])

officer. d.

needs of the needy, the disadvantaged and the impoverished and

develop and implement appropriate measures to alleviate their problems and improve their living conditions; e. Provide relief and

appropriate

crisis

intervention for victims of abuse and and

exploitation

recommend appropriate measures further to abuse deter and

exploitation; f. Assist the governor or mayor in implementing the barangay level

program for the total development and

protection of children up to six (6) years of age; g. Facilitate the of

implementation

welfare programs for the disabled, elderly, and

victims of drug addiction,

the

rehabilitation

of

prisoners and parolees, the prevention of

juvenile delinquency and such other activities

which would eliminate or minimize the ill-effects of poverty; h. Initiate and support youth welfare programs that will enhance the role of the youth in nation-building; i. Coordinate with

government

agencies

and NGOs which have for their purpose the promotion and the

protection of all needy, disadvantaged,

underprivileged

or

impoverished groups or individuals, particularly

those identified to be vulnerable and high-risk to exploitation, abuse

and neglect; j. Be in the frontline of service delivery,

particularly those which have to do with

immediate relief during and assistance in the aftermath of man-made and natural disaster and natural calamities; k. Recommend to the sanggunian and advise the governor or mayor on all other matters

related to social welfare and services development which will

improve the livelihood and living conditions of the (Sec483[b]) l. Exercise such other powers and perform inhabitants;

such other duties and functions as may be prescribed by law or 16. Environment and Natural optional position ordinance. (Sec483[c]) a. A citizen of the a. Take charge of the Philippines, office on environment

b. Resident of the and natural resources local government unit b. Formulate measures concerned, c. Of good and provide technical

Resources Officer

moral assistance and support in carrying out measures

character,

d. Holder of a college to ensure the delivery of

degree preferably in basic environment, forestry, provision agriculture or any facilities

services of

and

adequate to

relative

related course from a environment and natural recognized college or resources services as university, provided for under Sec

e. A first grade civil 17; service eligible or its c. Develop plans and equivalent f. experience environmental natural strategies Acquired implement the and same,

in particularly those which and have to do with

resources environment and natural resources programs and and projects which the

management, conservation,

utilization, of at least governor or mayor is 5 years in the case of empowered the provincial or city implement environment natural and the and to which is

sanggunian

resources empowered to provide

officer, and 3 years in for; the case of the d. Establish, maintain, protect and preserve forests,

municipal environment natural

and communal

resources watersheds, tree parks, mangroves, and greenbelts forest

officer. (Sec484[a])

similar

projects and commercial forest; e. Provide extension

services to beneficiaries of forest development projects and technical, financial infrastructure assistance; f. Manage and maintain seed banks and produce seedlings for forests and tree parks; and

g.

Provide

extension

services to beneficiaries of forest development projects assistance and for render natural

resources-related conservation utilization consistent ecological balance; h. Promote the smallscale utilization resources, mining of and mineral and activities with

particularly

mining of gold; i. Coordinate with

government and NGOs

agencies in the of prevent

implementation measures to

and control land, air and water pollution with the assistance of the DENR; j. Be in the frontline of the delivery of services concerning the

environment and natural resources, particularly in the renewal of and the

rehabilitation

environment during and in the aftermath of manmade and natural

calamities and disasters; k. Recommend to the sanggunian and advise the governor or mayor on all matters relative to the protection,

conservation, maximum

utilization, application of appropriate and related other to technology matters the

environment and natural resources; (Sec484[b]) l. Exercise such other powers and perform and

such other duties and functions as may be prescribed by law or 17. Architect optional position a. Citizen of ordinance. (Sec484[c]) the a. Take charge of the office on architectural

Philippines,

b. A resident of the planning and design LGU concerned, c. Of good b. Formulate measures moral for the consideration of the sanggunian and

character,

d. A duly licensed provide architect.

technical

assistance and support

e.

Practiced

his to the governor or mayor

profession for at least in carrying out measures 5 years in the case of to ensure the delivery of the provincial or city basic architect, and 3 years provision in the case of the facilities municipal (Sec485[a]) services of and

adequate to

relative

architect. architectural

planning

and design as provided for under Section 17; c. Develop plans and and the same,

strategies implement

particularly those which have to do with

architectural and design

planning programs

and projects which the governor or mayor is empowered implement and to which

the

sanggunian

is

empowered to provide for under this Code; d. Prepare and for of the the plan the and local

recommend consideration sanggunian architectural design for

government unit or a part thereof, including the renewal of slums and blighted areas, land reclamation activities,

the greening of land, and appropriate

planning of marine and foreshore areas; e. Review and for

recommend

appropriate action of the sanggunian, governor or mayor the architectural plans submitted and design by

governmental and nongovernmental entities or individuals, particularly

those for undeveloped, underdeveloped, and

poorly-designed areas; f. Coordinate with

government and NGOs and individuals involved in the aesthetics and the maximum utilization of the land and water

within the jurisdiction of the with LGU, compatible

environmental

integrity and ecological balance. g. Be in the frontline of the delivery of services involving planning architectural and design,

particularly those related to the redesigning of spatial basic physical during and distribution facilities of and

structures in the

aftermath of man-made and natural calamities and disasters; h. Recommend to the sanggunian and advise the governor or mayor on all other to matters the

relative

architectural

planning

and design as it relates to the total

socioeconomic development of the local government (Sec 485[b]) i. Exercise such other powers and perform unit; and

such other duties and functions as may be prescribed by law or 18. Information Officer optional position a. Citizen of ordinance. (Sec485[c]) the a. Take charge of the office on public

Philippines,

b. A resident of the information LGU concerned, c. Of good b. Formulate measures moral and provide technical

character, d. A holder of

assistance and support a in providing the and

college

degree information

preferably journalism,

in research data required mass for the delivery of basic

communication or any services and provision of related course from a adequate facilities so

recognized college or that the public becomes university, aware of said services

e. A first grade civil and may fully avail of the service eligible or its same; equivalent. c. Develop plans and and the same,

f. Have experience in strategies writing articles and implement

research papers, or in particularly those which writing television for print, have to do with public or information and

broadcast media of at research data to support least 3 years in the programs and projects case of the provincial which the governor or or city information mayor is empowered to and which is

officer, and at least 1 implement year in the case of the

sanggunian

municipal information empowered to provide officer. g. Term of for; the d. Provide relevant, timely

information officer is adequate,

and

co-terminous with his information to the LGU appointing (Sec486[a]) authority. and its residents; e. Furnish information and data on LGUs to government agencies or offices required as by may law be or

ordinance; and NGOs to be furnished to said and

agencies organizations; f. Maintain

effective

liaison with the various sectors of the

community on matters and issues that affect

the livelihood and the quality of life of the inhabitants and

encourage support for programs of the local and government; g. Be in the frontline in providing during and information in the national

aftermath of manmade and natural calamities and disasters, with

special attention to the victims thereof, to help minimize casualties after the injuries during and and

emergency,

and to accelerate relief and rehabilitation;

h.

Recommend on all

and other

advise

matters relative to public information research relates data to the as and it

total

socioeconomic development of the

LGU; (Sec486[b]) i. Exercise such other powers and perform

such other duties and functions as may be prescribed by law or 19. Cooperative Officer optional: provincial city a. Citizen of ordinance. (Sec486[c]) the a. Take charge of the office for the of

and Philippines,

b. A resident of the development LGU concerned, c. Of good cooperatives

moral b. Formulate measures and provide technical

character,

d. Holder of a college assistance and support degree preferably in in carrying out measures business administration special training to ensure the delivery of with basic in provision services of and

facilities the of and in

cooperatives or any through related course from a development recognized college or cooperatives, university,

providing access to such

e. First grade civil services and facilities; service eligible or its c. Develop plans and equivalent strategies the and same,

f. Have experience in implement cooperatives organization management of

particularly those which and have to do with the at integration of principles in

least 5 years in the cooperatives case of the provincial and

methods

or city cooperatives programs and projects officer, and 3 years in which the governor or

the case of municipal mayor is empowered to cooperatives (Sec487[a]) officer. implement the and which is

sanggunian

empowered to provide for; d. Assist in the of

organization cooperatives;

e. Provide technical and other assistance forms to of existing

cooperatives to enhance their viability as an

economic enterprise and social organization; f. Assist cooperatives in establishing with agencies involved linkages government and in NGOs the

promotion integration of

and the

concept of cooperatives in the livelihood of the people and other

community activities; g. Be in the frontline of cooperatives organization, rehabilitation or viabilityenhancement, particularly during and in the aftermath of manmade and natural

calamities and disasters, to aid in their survival and, if necessary

subsequent rehabilitation; h. Recommend and

advise matters

on

all

other to

relative

cooperatives development viabilityand

enhancement

which will improve the livelihood and quality of life of the inhabitants; (Sec487[b]) i. Exercise such other powers and perform

such other duties and functions as may be prescribed by law or 20. Population Officer optional position c. Of good ordinance. (Sec487[c]) moral a. Take charge of the office of on population

character, d. A holder

a development

college degree with b. Formulate measures specialized training in and population provide technical

assistance and support

development from a in carrying out measures recognized college or to ensure the delivery of university, basic services of and

e. A first grade civil provision

adequate

service eligible or its facilities relative to the equivalent. integration of the

f. Have experience in population development the implementation of principles programs population development responsible parenthood for and in

on providing access to said services and facilities; or c. Develop plans and strategies at implement the and same,

least 5 years in the particularly those which case of the provincial have to do with the or city population integration of population principles in

officer and 3 years in development the case of the and

methods

municipal population programs and projects officer. (Sec488[a]) which the governor or

mayor is empowered to implement the and which is

sanggunian

empowered to provide for; d. Assist the governor or mayor in of the the

implementation

Constitutional provisions relative to population and the

development

promotion of responsible parenthood; e. Establish an and updated

maintain

data bank for program operations, development planning and an

educational program to ensure the people's

participation understanding

in

and of

population development; f. Implement appropriate training responsive programs to the

cultural heritage of the inhabitants; (Sec488[b]) g. Exercise such other powers and perform

such other duties and functions as may be prescribed by law or 21. Veterinarian mandatory: provincial city a. Citizen of ordinance. (Sec488[c]) the a. Take charge of the office for veterinary

and Philippines,

b. A resident of the services; local government b. Formulate measures and provide technical

concerned, c. Of good

moral assistance and support in carrying out measures

character,

d. A licensed doctor to ensure the delivery of of medicine, veterinary basic provision services of and

adequate to

e. Have practiced his facilities

pursuant

profession for at least Section 17; 3 years in the case of c. Develop plans and provincial veterinarian or and city strategies at implement the and same

least 1 year in the particularly those which case of the municipal have to do with the veterinarian. (Sec489[a]) veterinary-related activities which the

governor or mayor is empowered implement the and to which is

sanggunian

empowered to provide for d. Advise the governor or the mayor on all

matters pertaining to the slaughter of animals for human consumption and the regulation of

slaughterhouses; e. Regulate the keeping of domestic animals; f. Regulate and inspect poultry, milk and dairy products for public

consumption; g. Enforce all laws and regulations for the

prevention of cruelty to animals; h. Take the necessary measures to eradicate, prevent or cure all forms of animal diseases; i. Be in the frontline of

veterinary

related

activities, such as in the outbreak of highly-

contagious and deadly diseases, and in

situations resulting in the depletion of animals for work and human

consumption, particularly those arising from and in the

aftermath of man-made and natural calamities and disasters; j. Recommend on all and other to

advise matters

relative

veterinary

services

which will increase the number and improve the

quality poultry

of and

livestock, other

domestic animals used for work or human

consumption; (Sec489[b]) k. Exercise such other powers and perform

such other duties and functions as may be prescribed by law or 22. General mandatory: Services Officer provincial city a. Citizen of ordinance. (Sec489[c]) the a. Take charge of the office on general

and Philippines,

b. A resident of the services; local government unit b. Formulate measures concerned, c. Of good and provide technical

moral assistance and support in carrying out measures of a to ensure the delivery of on basic services and

character, d. A holder

college

degree

public administration, provision business administration facilities

of

adequate to

pursuant

and Section 17 and which

management from a require general services recognized college or expertise and technical university, support services;

e. A first grade civil c. Develop plans and service eligible or its strategies equivalent. f. Have implement the and same,

acquired particularly those which

experience in general have to do with the services, management including general services

of supportive of the welfare

supply, property, solid of the inhabitants which waste disposal, and the governor or mayor is general sanitation, of empowered at least 5 years in the implement case of the provincial the or city and to which is

sanggunian

general empowered to provide

services officer, and for; at least 3 years in the d. Take custody of and

LOCAL FISCAL ADMINISTRATION Sec 303 306, LGC SEC. 303. Remedies and Sanctions. Local government units shall of financial affairs, transactions, and operations of provinces, cities,

municipalities, and barangays. SEC. 305. Fundamental Principles. The financial affairs, transactions, and operations of local government units shall be governed by the following fundamental principles: a. No money shall be paid out of the local treasury except in pursuance of an appropriations ordinance or law; b. Local government funds and

appropriate in their respective annual budgets such amounts as are

sufficient to pay the loans and other indebtedness incurred or redeem or retire bonds, debentures, securities, notes and other obligations issued under this Title: Provided, That failure to provide the appropriations herein required shall render their annual budgets inoperative. SEC. 304. Scope. - This Title shall govern the conduct and management

monies shall be spent solely for public purposes;

c. Local revenue is generated only from sources expressly authorized by law or ordinance, and collection thereof shall at all times be acknowledged

permit

or

require

the

possession or custody of local funds shall be properly bonded, and such officer shall be

accountable and responsible for said funds and for the safekeeping thereof in

properly; d. All monies officially received by a local government officer in any capacity or on any

conformity with the provisions of law; g. Local governments shall

occasion shall be accounted for as local funds, unless

formulate sound financial plans, and the local budgets shall be based on functions, activities, and projects, in terms of

otherwise provided by law; e. Trust funds in the local treasury shall not be paid out except in fulfillment of the purpose for which the trust was created or the funds received; f. Every officer of the local

expected results; development plans, goals, and strategies in order to optimize the utilization of resources and to avoid

duplication in the use of fiscal and physical resources;

government unit whose duties

h. Local budget plans and goals shall, as far as practicable, be harmonized with national

k. National

planning

shall

be

based on local planning to ensure that the needs and aspirations of the people as articulated government by units the in local their

development plans, goals, and strategies in order to optimize the utilization of resources and to avoid duplication in the use of fiscal and physical

respective local development plans are considered in the formulation of budgets agencies of or

resources; i. Local budgets shall

national offices;

line

operationalize approved local development plans; j. Local government units shall ensure that their respective budgets incorporate of the their

l. Fiscal responsibility shall be shared by all those exercising authority affairs, operations over the financial and local

transactions, of the

requirements

component units and provide for equitable allocation among of

government units; and m. The local government unit shall endeavor to have a balanced

resources

these

component units;

budget in each fiscal year of operation. SEC. 306. Definitions. - When used in this Title, the term a. "Annual Budget" refers to a financial plan embodying the estimates of income and

a comprehensive financial plan to the sanggunian concerned; d. "Capital Outlays" refers to

appropriations for the purchase of goods and services, the benefits of which extend

beyond the fiscal year and which add to the assets of the local government unit including

expenditures for one (1) fiscal year; b. "Appropriation" refers to an authorization ordinance, made directing by the

concerned,

investments in public utilities such as public markets and slaughterhouses; e. "Continuing refers to an Appropriation" appropriation

payment of goods and services from local government funds under specified conditions or for specific purposes; c. "Budget Document" refers to the instrument used by the local chief executive to present

available to support obligations for a specified purpose or projects, such as those for the construction of physical

structures or for the acquisition

of real property or equipment, even when these obligations are incurred beyond the budget year; f. "Current Expenditures" Operating refers to

h. "Fund" refers to a sum of money, or other assets

convertible to cash, set aside for the purpose of carrying out specific activities or attaining certain accordance regulations, objectives with in special or

appropriations for the purchase of goods and services for the conduct of normal local

restrictions,

limitations, and constitutes an independent accounting entity; i. "Income" refers to all revenues and receipts collected the or fiscal and

government operations within the fiscal year, including goods and services that will be used or consumed during the budget year; g. "Expected Results" refers to the services, products, or benefits that will accrue to the public, estimated performance physical targets; in terms measures of or

received

forming

gross

accretions of funds of the local government unit; j. "Obligations" refers to an

amount committed to be paid by the local government unit for any lawful act made by an

accountable officer for and in behalf of the local unit

loans, from

contributions other entities,

or

aids

except for

concerned; k. "Personal Services" refers to appropriations for the payment of salaries, wages and other compensation of temporary, permanent, and

provisional

advances

budgetary purposes; and m. "Revenue" refers to income derived from the regular system of taxation enforced under

contractual,

authority of law or ordinance, and, as such, accrue more or less regularly every year. Rivera v. Malolos Petitioner Rivera won the bidding for supply of road construction materials in the Municipality of Malolos,

casual employees of the local government unit; l. "Receipts" refers to income realized from operations and activities of the local

government or are received by it in the exercise of its

Bulacan. A contract was signed between the municipal mayor and the petitioner, with a stipulation that the latter will supply 2700 cubic meters of crushed adobe stones and 1400 cu.

corporate functions, consisting of charges for services

rendered,

conveniences

furnished, or the price of a commodity sold, as well as

m. of gravel in consideration of P19,235.oo. A year after the contract was entered into, the petitioner still hasnt been paid. He requested that the balance be included in the municipalitys appropriations for the next fiscal year. The petitioner sued for the payment of the unpaid amount but the Auditor General denied the claim on the ff. grounds: 1) that no appropriation was made before the execution of the contract, as

indebtedness, 2) according to the Revised Administrative Code,

municipalities are endowed with the faculties of a municipal corporation, therefore competent to contract and be contracted with. HELD: The Revised Administrative Code imposes the ff. requirements before a contract involving P2000 or more may be authorized: a) There must be an appropriation b) The Municipal Treasurer must certify to the officer entering into the contract that the funds have been duly appropriated for the purpose and that the proposed amount is available for expenditure. The Motor Vehicle Law invoked by petitioner merely allocates 10% of the money collected and deposited in a special trust account

mandated by Revised Administrative Code Section 607 and 2) that the deliveries could no longer be verified by the Provincial Auditor of Bulacan or his representative. Petitioner

Rivera argues that: 1) the annual allotment from the Motor Vehicle Law could be used to pay the

of the National treasury to the road and bridge funds of the different municipalities in proportion to their population. This alone does not satisfy the requisite appropriation and authority to disburse part of the proceeds from the Motor Vehicle Law

to pay the petitioner. The Auditor General had no alternative but to comply with the law and as the contract entered into by the Malolos Mayor was contrary to it, the Auditor General was correct in denying the petitioners claim.

APPLICATION

OF THE

LGC

TO

LGUS

IN THE

AUTONOMOUS REGION municipalities and barangays in the autonomous regions until such time as the regional government

Sec 526, LGC SEC. 526. Application of this Code to Local Government Units in the

Autonomous Regions.

This Code

concerned shall have enacted its own local government code.

shall apply to all provinces, cities,

THE ARMM Sec 1, 15, 16, 17, 18, 20, 21, Art X, 1987 Constitution Section 1. The territorial and political subdivisions of the Republic of the

Philippines are the provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided. Section 15. There shall be created autonomous regions in Muslim

Section 16. The President shall exercise general supervision over autonomous regions to ensure that the laws are faithfully executed. Section 17. All powers, functions, and responsibilities not granted by this Constitution or by law to the

Mindanao and in the Cordilleras consisting of provinces, and cities,

autonomous regions shall be vested in the National Government. Section 18. The Congress shall enact an organic act for each autonomous region with the of assistance the and

municipalities, areas sharing

geographical and cultural social relevant

common and and

distinctive heritage, structures,

historical economic and

participation

regional

other

consultative commission composed of representatives appointed by the President from a list of nominees from multisectoral bodies. The

characteristics within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines.

organic act shall define the basic structure of government from the region consisting of the executive

department and legislative assembly, both of which shall be reflective and representative of the constituent

provisions of this Constitution and national laws, the organic act of autonomous regions shall provide for legislative powers over: (1) Administrative organization; (2) Creation of sources of revenues; (3) Ancestral domain and

political units. The organic acts shall likewise provide for special courts with personal, family, and property law jurisdiction consistent with the provisions of this Constitution and national laws. The creation of the autonomous region shall be effective when

natural resources; (4) Personal, family, and

approved by majority of the votes cast by the constituent units in a plebiscite called for the purpose, provided that only provinces, cities, and geographic areas voting

property relations; (5) Regional urban and rural planning development; (6) Economic, social, and

favorably in such plebiscite shall be included in the autonomous region. Section 20. Within and its territorial to the

tourism development; (7) Educational policies;

jurisdiction

subject

(8)

Preservation

and

See attachments Disomancop Datumanong Pursuant to Article 10, Sec 15 of the 1987 Constitution, RA 6734 entitled An Act Providing for An Organic Act for the Autonomous Region of v.

development of the cultural heritage; and (9) Such other matters as may be authorized by law for the promotion of the general

welfare of the people of the region. Section 21. The preservation of peace and order within the regions shall be the responsibility of the local police agencies which shall be

Muslim Mindanao was enacted. In a plebiscite, the provinces of Lanao del Sur, Maguindanao, Sulu and TawiTawi voted to become part of the ARMM. To implement RA 6734, then President Cory Aquino issued E.O 426, placing the control and

organized, maintained, supervised, and utilized in accordance with

applicable laws. The defense and security of the regions shall be the responsibility Government. RA 6734 of the National

supervision of the Offices of the DPWH within the ARMM under the jurisdiction of the Autonomous

Regional Government (ARG). Nine years later, them DPWH Secretary issued D.O 119 creating a DPWH

Marawi

Sub-District

Engineering

HELD: R.A 8999 is antagonistic and cannot be reconciled with the ARMM Organic Acts 6734 and 9054. The idea behind for is to the the Constitutional autonomous separate

Office, which shall have jurisdiction over all national infrastructure

projects and over all facilities under the DPWH within Marawi City and Lanao del Sur. R.A. 9054 was later passed, detailing and expanding the specific powers of the ARG. In 2001 however, RA 8999 was enacted, establishing an Engineering District in the First District of Lanao del Sur- in effect reestablishing the National jurisdiction over

provisions regions

allow

development of peoples with distinct cultures and traditions. It strives to free Philippine society of the strain caused approach. by the assimilationist is a

Decentralization

prerequisite to autonomy. It comes in two formsdeconcentration The former is and a

Governments

infrastructure programs in the area. Petitioners assail the constitutionality of R.A. 8999 and D.O. 119, saying that the two run counter to the constitutional ARMM. autonomy of the

devolution.

decentralization of administration, the latter the decentralization of power. The framers of the Constitution

intended for the autonomy of the ARMM to be in the nature of the latter- a meaningful and authentic

regional autonomy. Ratified through a plebiscite, the ARMM Organic Act cannot be amended without a

under the auspices of E.O. 426. The Department order in effect takes back powers, which had already been devolved to the ARG. The DPWH order, cannot rise higher than its source the Executive. It is also worthy to note that E.O 124 on which D.O. 119 is based is merely a general law organizing the DPWH while E.O. 426 is a special law transferring control and supervision of DPWH offices within the ARMM to the ARG. The latter should prevail. Even without applying the principle of lex specialis derogat generali, the enactment of R.A. 9054 in 2001 which repealed laws, orders and issuances inconstent with it rendered D.O. 119 functus officio. Abbas v. Comelec

plebiscite, which R.A. 8999 clearly lacked. It is the intention of the ARMM Organic Acts to cede some, if not most of the powers of the national government to the autonomous

government. The enforcement of RA 8999 runs afoul of these organic acts. It bears stressing that national laws are subject to the Constitution, one of the policies of which is to ensure autonomy of autonomous regions, subject only to general supervision by the President. Meanwhile, the office created under D.O. 119 is a duplication of the DPWH-ARMM First Engineering

District in Lanao del Sur formed

Petitioners argue that R.A. 6734 or the Act Providing for an Organic Act for the Autonomous Region in Muslim Mindanao According to is unconstitutional. them, R.A. 6734 an

Muslim areas have been included, other non-Muslim areas in Mindanao must also be covered in order for them to similarly enjoy the benefits of autonomy. The RAs failure to include all such areas is allegedly a violation of the equal protection clause of the Constitution. Petitioners likewise

unconditionally

creates

autonomous region in Mindanao, regardless of how many provinces vote for autonomy, contrary to Article X, Section 5 of the Constitution, which makes the creation of such a region dependent on the outcome of the plebiscite. One of the petitioners also insist that the RA is

assert that Article XIX, Section 13 of RA 6734 grants the President power to merge regions a power not conferred by the Constitution. Lastly, they contend that the creation of an Oversight Committee is

unconstitutional because it includes non-Muslim areas, which do not share the same characteristics with the other provinces. Seemingly

unconstitutional in that it delays the creation of an autonomous region. HELD: R.A. 6734 substantially

incorporates the requirements for the creation of an autonomous region embodied in the Constitution.

contradicting himself, the petitioner also claims that since some non-

Creation of an autonomous region takes effect only when approved by a majority of the votes cast in a plebiscite, and only those provinces and cities voting favorably shall be included. Majority means a simple majority of votes approving the

whether there will be an autonomous region in Muslim Mindanao, and 2) which provinces and cities shall comprise it. With respect to the inclusion of nonMuslim areas, the contention is not tenable. Ascertainment of the areas that share common attributes is within the legislatures discretion. It is beyond the review powers of the judiciary. The same explanation

Organic Act in individual constituent units and not a double majority of the votes in all constituent units put together, as well as the constituent units taken individually. Contrary to the petitioners claims, creation of autonomous region is not rendered absolute. It may be that even if an autonomous region is created, not all of the 13 provinces and 9

supports the rejection of the claim that other non-Muslim areas should be included in the autonomous

region, lest the equal protection clause be violated. Equal protection permits of reasonable classification. Since the Congress based its

municipalities shall be included. This is because the plebiscite will be determinative of two points: 1)

classification on real and substantial distinctions, no violation was made.

The power of the President to merge administrative regions was upheld, it pertaining merely to groupings of contiguous administrative Administrative regions provinces for

impediment or a cause of delay. Every law has in its favor the presumption of constitutionality and the petitioners failed to overcome that presumption. Pandi v. CA Take note of the dates because they are significant the validity in of

purposes. are not

territorial and political subdivisions like provinces, municipalities and barangays that require a plebiscite to be merged. The power to merge administrative regions although not expressly provided for in the

determining appointments

On August 9, 1993, Dr. Jamila R. Macacaua, in her capacity as

Constitution is traditionally lodged with the President. The questioned provisions requiring an Oversight Committee to supervise the transfer of national offices to the regional government is precisely

Regional Director and DOH-ARMM Secretary issued a Memorandum appointing Dr. Pandi as Officer-inCharge of the Integrated Provincial Health Office-Amai Pakpak General Hospital in Lanao del Sur (IPHOAPGH) and transferring the

aimed to effect a smooth transition and cannot be considered an

incumbent OIC, Dr. Sani to the DOHARMM Regional Office in Cotabato City. On September 15, 1993, Lanao del Sur Governor Mahid Mutilan appointed Dr. Saber also to the position of OIC of the IPHO-APGH. In other words, Saber and Pandi were appointed to the same position by different appointing officers. Sani on the other hand, contests her being moved to Cotabato and claims to be the holder of as a permanent health

(ARG), pursuant to which Macacaua reiterated her appointments. The

parties are in dispute as to which appointments are valid. The case traces the enactment of various legislation, divided into five periods, to wit: 1) the time prior to effectivity of Organic Act of 1989, 2) the time after Organic Act 1989 but before the LGC of 1991, 3) after the LGC of 1991 but before the ARMM Code, 4) after the ARMM Code but before Organic Act of 2001, 5) after Organic Act of 2001. During the first period, the governing law was the DOH Charter (EO 119), in which the power to appoint was granted to the Minister of Health. Then LGC of 1984 classified the Provincial Health Officer as a national government official whose salary is

appointment

provincial

officer (PHO) of IPHO-PGH, the same post that Saber and Pandi were appointed to. On October 5, 1993 President Ramos issued EO 133, transferring powers and

functions of the DOH in the region to the ARMM Regional Government

paid out of national funds. The ARMM was created after the

enactment because an organic act requires an approval through Thus,

enactment of the Organic Act of 1989. The latter transferred certain agencies and offices of the national government to the Regional

plebiscite to be amended.

even with LGC 1991s passage, the appointment of the PHO is still with the Secretary of Health. It was only upon the effectivity of EO 133 in October 1993 that the power to appoint provincial health officers to any province was assigned to the ARMM Secretary of Health (Regional Secretary). In the fourth period, the ARMM Local Code came into being, stating that if the salary of a PHO comes from provincial is with funds, the

Government but the DOH was not among them. PHOs were still part of the national government until the Regional Government adopts its own Local Government Code. During the third period, the LGC of 1991 took effect, naming the provincial health officer as an official of the Provincial Government to be appointed by the Governor if his salary is paid out of provincial funds. One must however note that although LGC 1991 is a later law than OA 1989, the latter is not affected by the formers

appointing

power

Provincial Governor and if it comes from regional funds, then it is with the Regional Governor, upon

recommendation from the Provincial

Governor. In case of doubt, the ARMM Local Code is interpreted in favor of devolution- in favor of the provincial governors powers. The fifth period covers the passage of the Organic Act of 2001, through which the powers and functions of any other provincial governor under the LGC of 1991, including the power to appoint PHOs, are now enjoyed as a

1994 after the effectivity of the ARMM Local Code. The governor had no power to make such

designation at the time, hence the appointment of Saber as OIC is void. Reliance on the LGC is misplaced since it did not amend the Organic Act of 1989. The provision in the LGC which states that The appointment of a health officer shall be mandatory for provincial, city and municipal governments is merely a directive

minimum by the Provincial Governor of the ARMM. HELD: When Governor Mahid

that those empowered to appoint local health officers are mandated to do so. With respect to the initial transfer of Sani by Macacaua from Lanao del Sur to Cotabato on August 1993, the Court holds that the act is void, since the power to appoint was still with the Secretary of Health at

Mutilan appointed Saber as OIC on September 1993, the provincial

health officer was still a national government official paid out of

national funds. The provincial health officer became a provincial

government official only on March 3,

the time, not with the Regional Secretary. However, when Macacaua issued a second memorandum on November 6, 1993, reiterating the transfer of Sani, the prior error was cured and the transfer became valid since it was made after the issuance of EO 133 which expressly

Local Code, the Regional Secretary had been stripped of authority to make such a designation. The said power is now with the Provincial Governor. Bai Sema v. Comelec

(supra) Maguindanao forms part of the

transferred supervision and control over all functions and activities of the Regional Department of Health to the Head of the Regional Department of Health. The same is true for the appointment of Pandi, which was similarly made by Macacaua on the same dates. The appointments made by Macacaua are valid while that made by Governor Mutilan is void. The Court reminds us however, that after the effectivity of the ARMM

ARMM, created under Organic Act (RA 9054). The Ordinance appended to the Constitution apportioned two legislative districts to the Province of Maguindanao, the first consisting of Cotabato City and The eight other

municipalities.

ARMMs

legislature, exercising its power to create provinces under Section 19 of R.A 9054, enacted Muslim Mindanao Autonomy Act No. 201 (MMA Act 201) creating the Province of Shariff

Kabunsuan composed of the said eight municipalities in Maguindanaos first district. The Act however

renaming Maguindanaos first district as Shariff Kabunsuan with Cotabato City. Bai Sema, a candidate for Congresswoman Kabunsuan with of Cotabato Shariff City,

provided that despite the creation of the new province, the existing

legislative district (8 municipalities + Cotabato) shall still remain. The voters of Maguindanao ratified Shariff Kabunsuans creation in a plebiscite. Cotabatos Sangguniang Panlunsod asked the COMELEC to clarify the status of Cotabato City in view of the creation of Shariff Kabunsuan. To this, COMELEC answered with a Resolution maintaining the status quowith Cotabato and Shariff

asserts that according to Article VI, Section 5(3) of the Constitution, and Ordinance 3 appended to the latter, Shariff Kabunsuan is entitled to one representative, and Cotabato with a population of only 163, 849 to another. She cites Felwa vs. Salas, which held that when a province is created by statute, the corresponding legislative district comes into

existence neither by authority of that statute nor by apportionment but by operation of the Constitution, without reapportionment. In other words, she wants Cotabato and Shariff

Kabunsuan constituting part of the first legislative district in later

Maguindanao.

COMELEC

promulgated Resolution No. 7902

Kabunsuan

to

have

separate

at least two hundred fifty thousand, or each province, shall have at least one representative" in the House of Representatives. A province cannot be created without a legislative

representatives, since according to her, the creation of a new province necessitates the creation of a

corresponding legislative district. HELD: Although the Congress is not given by the Constitution express powers to delegate the creation of local government units, such power may be gleaned from its plenary powers. While there is no conflict between the Constitution and

district because it will violate the aforequoted provision of the

Constitution as well as Section 3 of the Ordinance appended to the

former. For Congress to delegate validly the power to create a province or city, it must also validly delegate the power to create a legislative district. The latter is however

Congress delegation of the power to create municipalities and barangays, it is an altogether different matter when it comes to the creation of cities and provinces. This is because of the situation created by Article VI,

disallowed by the Section 5(1) Article VI of the Constitution, giving

Congress the exclusive power to create or reapportion legislative

Section 5(3) of the Constitution which says, "Each city with a population of

districts. It would be anomalous for regional or local legislative bodies to

create

or

reapportion

legislative

territorial jurisdiction. This violates Section 20, Article X of the

districts for a national legislature like Congress. The office of a legislative district representative to Congress is a national office, and its occupant, a Member of the House of

Constitution which expressly limits the coverage of the Regional

Assembly's legislative powers "within its territorial jurisdiction." Since a province cannot be legally created without a legislative district, the

Representatives, is a national official. It would be incongruous for a regional legislative Regional body like the to ARMM a

creation of the Province of Shariff Kabunsuan is unconstitutional. The reliance by Sema on the Felwa case is misplaced. A district is created in two ways: a) indirectly, through the creation of a province, and b) directly, by creation of legislative districts. The court sustained the constitutionality of the creation of a new district in that case because it was made indirectly through a special law enacted by the Congress creating a province and

Assembly

create

national office when its legislative powers extend only to its regional territory. The office of a district representative is maintained by

national funds and the salary of its occupant is paid out of national funds. To allow the ARMM Regional Assembly to create a national office is to allow its legislative powers to operate outside the ARMM's

also

because

the

creation

of

with

the

requirement

in

Section

legislative districts will not exceed the maximum number of representatives allowed by the Constitution. Semas theory will lead to the

461(a)(ii) of RA 7160 that a province or city must of have a minimum and (3)

population

250,ooo; from the

Representatives

ARMM

following disastrous consequences: (1) An inferior legislative body like the ARMM Regional Assembly can

provinces can become the majority in the House the of Representatives ARMM Regional

through

create 100 or more provinces and thus increase the membership of a superior legislative body, the House of Representatives, beyond the

Assembly's continuous creation of provinces or cities within the ARMM. The Congress and the framers of the Constitution did not intend such consequences. Organic acts of autonomous regions cannot prevail over the Constitution, Sec 20 of which provides powers of that

maximum limit of 250 fixed in the Constitution (unless a national law provides otherwise); (2) The proportional representation in the House of Representatives based on 1 rep/at least 250,000 residents will be negated because the ARMM Regional Assembly need not comply

legislative

regional

assemblies are limited within its territorial jurisdiction and subject to the provisions of the Constitution.

Section 19, Article VI of R.A. 9054 is unconstitutional insofar as it grants to the ARMM Regional Assembly the power to create provinces and cities. MMA 201 is thus void and of no effect. Separate Opinion by Tinga: The only constitutional provision that concerns with the creation of provinces is Section 10, Article X, which reads: No province, city, municipality or barangay may be created, divided, merged, abolished, or its boundary substantially accordance altered, with except the in

specifically limits the power to create provinces, cities, municipalities or barangays to Congress alone. The provision does embody a significant limitation - that the creation of these political subdivisions must be in accordance with the criteria

established in the local government code, a law which is enacted by Congress. It would thus be proper to say that the Constitution limits the ability to set forth the standards for the creation of a province exclusively to Congress. But to say that the Constitution confines to Congress alone the power to establish the criteria for creating provinces is vastly different from saying that the

criteria

established in the local government code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected. Nothing in this provision

Constitution confines to Congress alone the power to create provinces.

There is nothing in the Constitution that supports the latter proposition.

CAR Admin Order 220 See attachments Ordillo v. Comelec The people of Benguet, Mountain Province, Ifugao, Abra, Kalingathe Organic Act for the region has been approved by a majority of votes in Ifugao Province only, the latter alone will constitute the autonomous region. The President also issued Administrative Order No. 160

Apayao and Baguio City cast their votes in a plebiscite pursuant to R.A. 6766 entitled An Act Providing for an Organic Act for the Cordillera

abolishing the Cordillera Executive Board and the Cordillera Regional Assembly in view of the Organic Acts ratification. Petitioner assails the

Autonomous Region. A total of 5,889 people voted for the creation of the region while an overwhelming

Comelec Resolution 2259 and AO No. 160, saying that the province of Ifugao cannot solely constitute the Cordillera Autonomous Region. HELD: The petition is meritorious.

majority of 148,676 votes rejected it. Consequently, COMELEC issued

resolution No.2259 stating that since Article X, Sec 15 of the Constitution

is explicit in providing that provinces, cities, municipalities and

and barangays. It can be gleaned that Congress never intended a single province to constitute an

geographical areas shall constitute the autonomous region- meaning more than one constituent unit. The term region used in its ordinary sense means two or more provinces. This is supported by the fact that the 13 regions we have in the country are groupings of contiguous provinces. Ifugao is a province in itself, one of the smallest in the country to boot making up only 11% of the total population of the areas mentioned in RA 6766. The law reiterates the provision providing Government in the Constitution The shall by

autonomous region. Otherwise, we would be faced with an absurd situation of having two sets of officials- a set of provincial officials and a set of regional officials

exercising executive and legislative powers over exactly the same small area. Since Ifugao is very small province, it would have too many government officials for so few

people. The law also creates a Regional Planning and Development Board consisting of several

that

Regional exercise

members, with functions similar to that of a Provincial Coordinators. If it takes only one person in the

powers...for the proper governance of all provinces, cities, municipalities

provincial level to perform those

functions while it takes an entire Board to perform substantially the same tasks in the regional level, it only means that a larger area is contemplated by the law to make up the autonomous region. Also, the huge allotment of P10M to the Regional Government for its initial organizational requirements is too much to fund a lone and small province. Cordillera Broad Coalition v. COA Executive Order No. 220, issued by the President in the exercise of her legislative powers under Art. XVIII, sec. 6 of the 1987 Constitution, created the Cordillera Administrative Region (CAR), which covers the provinces of Abra, Benguet, Ifugao,

Kalinga-Apayao

and

Mountain

Province and the City of Baguio [secs. 1 and 2]. It was created to accelerate economic and social

growth in the region and to prepare for the establishment of the

autonomous region in the Cordilleras [sec. 3]. Its main function is to coordinate the of planning programs and and

implementation

services in the region, particularly, to coordinate with the local government units as well as with the executive departments of the National

Government in the supervision of field offices and in identifying,

planning, monitoring, and accepting projects and activities in the region [sec. 5]. It shall also monitor the implementation of all ongoing

national

and

local

government

In these cases, petitioners principally argue that by issuing E.O. No. 220 the President, in the exercise of her legislative powers prior to the

projects in the region [sec. 20]. The CAR shall have a Cordillera Regional Assembly as a policy-formulating body and a Cordillera Executive Board as an implementing arm [secs. 7, 8 and 10]. The CAR and the Assembly and Executive Board shall exist until such time as the

convening of the first Congress under the 1987 Constitution, has virtually pre-empted Congress from its

mandated task of enacting an organic act and created an autonomous region in the Cordilleras. During the pendency of this case, R.A. 6766 entitled "An Act Providing for an Organic Act for the Cordillera Autonomous Region," was enacted and signed into law. The Act

autonomous regional government is established and organized [sec. 17].

recognizes the CAR and the offices and agencies created under E.O. No. 220 and its transitory nature is reinforced in Art. XXI of R.A. No. 6766, to wit:

SEC. 3. The Cordillera Executive Board, the Cordillera Region

reveal that what it actually envisions is the consolidation and coordination of the delivery of services of line departments and agencies of the National Government in the areas covered by the administrative region as a step preparatory to the grant of autonomy to the Cordilleras. It does not create the autonomous region contemplated in the Constitution. It merely measures provides in for transitory of the

Assembly as well as all offices and agencies created under Execute

Order No. 220 shall cease to exist immediately upon the ratification of this Organic Act. All funds, properties and assets of the Cordillera Executive Board and the Cordillera Regional Assembly shall automatically be transferred to the Cordillera Autonomous

anticipation

Government. WON E.O.220 is unconstitutional because it pre-empts the Congress from enacting an organic act for the autonomous region in Cordillera. Held: No.

enactment of an organic act and the creation of an autonomous region. In short, it prepares the ground for autonomy. This does not necessarily conflict with the provisions of the Constitution on autonomous regions. The transitory nature of the CAR does not necessarily mean that it is,

A reading of E.O. No. 220 will easily

as

petitioner

Cordillera "the in

Broad interim the

supplant

the

existing

local

Coalition

asserts, region The

governmental structure, nor are they autonomous government agencies. They merely constitute the

autonomous Cordilleras.

Constitution

provides for a basic structure of government in the autonomous

mechanism for an "umbrella" that brings together the existing local governments, the agencies of the National Government, the ethno-

region composed of an elective executive and legislature and special courts with personal, family and property law jurisdiction [Art. X, sec. 18]. Using this as a guide, we find that E.O. No. 220 did not establish an autonomous regional government. It merely created a region, covering a specified area, for administrative

linguistic groups or tribes, and nongovernmental organizations in a

concerted effort to spur development in the Cordilleras. WON the CAR is a territorial and political subdivision. Held: No.

purposes with the main objective of coordinating implementation the of planning programs and and

E.O. 220 did not create a new territorial and political subdivision or merge existing ones into a larger subdivision. Firstly, the CAR is not a public corporation or a territorial and

services [secs. 2 and 5]. The bodies created by E.O. No. 220 do not

political subdivision. It does not have a separate juridical personality, unlike provinces, cities and municipalities. Neither is it vested with the powers that are normally granted to public corporations, e.g. the power to sue and be sued, the power to own and dispose of property, the power to create its own sources of revenue, etc. As stated earlier, the CAR was created primarily to coordinate the planning and implementation of

coordinating agency of the National Government, similar to the regional development councils which the

President may create under the Art. X, Sec. 14 of the Constitution. As we have said earlier, the CAR is a mere transitory coordinating agency that would prepare the stage for political autonomy for the Cordilleras. It fills in the resulting gap in the process of transforming a group of adjacent territorial and political

programs and services in the covered areas. The CAR may be considered more than anything else as a regional MMDA AND LGUS Sec 11, Art X, 1987

subdivisions already enjoying local or administrative autonomous autonomy region into an with

vested

political autonomy.

Section 11. The Congress may, by law, create special metropolitan

Constitution

political subdivisions, subject to a plebiscite as set forth in Section 10 hereof. The component cities and municipalities shall retain their basic autonomy and shall be entitled to their own local executives and The

a case for injunction against the MMDA. The CA ruled for the

respondent and issued a permanent writ of injunction. Hence, this petition. MMDAs argument: that it has the authority to open the Neptune Street to public traffic because it is an agent of the state endowed with police power in the delivery of basic

legislative jurisdiction of

assemblies. the

metropolitan

authority that will hereby be created shall be limited to basic services requiring coordination. RA 7924 See attachments MMDA v. Bel Air Village Association Inc (supra) MMDA attempted to demolish the wall separating Kalayan Avenue from the subdivision owned by the

services in Metro Manila (in this case, traffic management). From the

premise that it has police power, it is now urged that there is no need for the City of Makati to enact an ordinance opening Neptune street to the public. Moreover, it is alleged that the police power of MMDA was affirmed by this Court in the

consolidated cases of Sangalang v. Intermediate Appellate Court.

respondent. Thus, respondents filed

WON MMDA has police power and WON there is no need for the City of Makati to enact an ordinance opening the disputed street to the public. Held: No to both.

Council has not been delegated any legislative legislative government power. bodies units, of Unlike the is the local no

there

provision in R. A. No. 7924 that empowers the MMDA or its Council to "enact ordinances, approve

MMDA has no police power and an ordinance enacted by the City of Makati is necessary for the opening of Neptune Street to the public. It will be noted that the powers of the MMDA are limited to the following acts: formulation, coordination, implementation, management, setting of a of policies, and

resolutions and appropriate funds for the general welfare" of the

inhabitants of Metro Manila. The MMDA is, as termed in the charter itself, a "development authority." It is an agency created for the purpose of laying down policies and coordinating with the various national government agencies, peoples organizations,

regulation, preparation, monitoring, installation

system

non-governmental organizations, and the private sector for the efficient and expeditious delivery of basic services in the vast metropolitan area. All its

administration. There is no syllable in R. A. No. 7924 that grants the MMDA police power, let alone legislative power. Even the Metro Manila

functions are administrative in nature and these are actually summed up in the charter itself, viz: "Sec. 2. Creation of the Metropolitan Manila Development Authority. -- x x x. The MMDA shall perform planning, monitoring functions, and and in coordinative the process

declaring the Neptune Street open to the public before the MMDA can implement such activity. WON the consolidated cases of Sangalang vs. IAC (as regards the SCs upholding of MMDAs alleged police power) are applicable in this case. Held: No.

exercise regulatory and supervisory authority over the delivery of metrowide services within Metro Manila, without diminution of the autonomy of the local government units

Firstly, the Sangalang cases involved zoning ordinances passed by the municipal council of Makati and the Metro Manila Commission (MMC the forerunner of MMDA). In the instant case, the basis for the

concerning purely local matters." Having no legislative power, the MMDA cannot enact ordinances.

proposed opening of Neptune Street is a mere notice sent by MMDA to the respondent, the former relying on its authority under its charter to

Thus, it becomes necessary for the City of Makati to enact an ordinance

rationalize the use of roads and/or

thoroughfares

for

the

safe

and

powers the component cities and municipalities had were all subject to review and approval by the MMC. In 1990, President Aquino issued E.O. No. 392 and constituted the Metropolitan Manila Authority (MMA). The powers and functions of the MMC were devolved to the MMA. It ought to be stressed, however, that not all powers and functions of the MMC were passed to the MMA. The MMAs power was limited to the "delivery of basic urban services requiring coordination in Metropolitan Manila." The MMAs governing body, the Metropolitan Manila Council,

convenient movement of persons. Secondly, the MMDA is not the same entity as the MMC in Sangalang. Although the MMC is the forerunner of the present MMDA, an

examination of

P. D. No. 824, the

charter of the MMC, shows that the latter possessed greater powers

which were not bestowed on the present MMDA. Metropolitan Manila was first created in 1975 by P.D. 824. Its

administration was placed under the Metro Manila Commission (MMC), which was specifically vested with legislative powers. The MMC was the central government of Metro Manila and fully possessed legislative and police powers. Whatever legislative

although composed of the mayors of the component cities and

municipalities, was merely given the power of: (1) formulation of policies

on the delivery of basic services requiring coordination and

plans. Any semblance of legislative power it had was confined to a "review [of] legislation proposed by the local legislative assemblies to ensure consistency and among with local the

consolidation; and (2) promulgation of resolutions and other issuances, approval of a code of basic services and the exercise of its rule-making power. Under the 1987 Constitution, the local government units became for the

governments

comprehensive development plan of Metro Manila," and to "advise the local governments accordingly." When R.A. No. 7924 took effect, Metropolitan "special Manila became a and

primarily governance

responsible of their

respective

political subdivisions. The MMAs jurisdiction was limited to addressing common problems involving basic services that transcended local

development

administrative region" and the MMDA a "special development authority" whose functions were "without

boundaries. It did not have legislative power. Its power was merely to provide the local government units technical preparation assistance of in the

prejudice to the autonomy of the affected local government units." The MMDA is not a political unit of government. The power delegated to the MMDA is that given to the Metro

local development

Manila

Council

to

promulgate

Constitution. "special

The

creation

of

administrative rules and regulations in the implementation of the MMDAs functions. There is no grant of authority to enact ordinances and regulations for the general welfare of the inhabitants of the metropolis. It is good to note that the explanatory note to the bill which created MMDA stated that the proposed MMDA is a development authority which is a national agency, not a political government unit. It is beyond doubt that the MMDA is not a local government unit or a public corporation endowed with

metropolitan

political

subdivision" requires the approval by a majority of the votes cast in a plebiscite in the political units directly affected. R. A. No. 7924 was not submitted to the inhabitants of Metro Manila in a plebiscite. The Chairman of the MMDA is not an official elected by the people, but appointed by the President with the rank and privileges of a cabinet member. In fact, part of his function is to perform such other duties as may be assigned to him by the President, whereas the in local

government merely authority.

units,

President supervisory the the

legislative power. It is not even a "special subdivision" Section 11, metropolitan as political in the

exercises This

emphasizes character of

contemplated X of

administrative MMDA.

Article

Clearly then, the MMC under P. D. No. 824 is not the same entity as the MMDA under R. A. No. 7924. Unlike the MMC, the MMDA has no power to enact ordinances for the welfare of the community. It is the local

his drivers license was confiscated for parking illegally along Gandara Street, Binondo, Manila, on 08/05/95. Due to the then MMDA Chairmans failure to heed Garins request that his drivers license be returned and that instead he be subjected to a case for traffic violation in court, Garin filed a cased for injunction in the RTC. Garins argument: In the absence of any implementing rules and

government units, acting through their respective legislative councils, that possess legislative power and police power. In the case at bar, the Sangguniang Panlungsod of Makati City did not pass any ordinance or resolution ordering the opening of Neptune Street, hence, its proposed opening by petitioner MMDA is illegal and the respondent Court of Appeals did not err in so ruling. MMDA v. Garin Dante O. Garin, a lawyer, was issued a traffic violation receipt (TVR) and

regulations, Sec. 5(f) of R.A. No. 7924 grants the MMDA unbridled discretion to deprive erring motorists of their licenses, thereby violating the due process clause of the

Constitution. Garin further contends that the provision violates the

constitutional

prohibition

against

undue

delegation

of

legislative

rules

for

Sec.

5(f),

which

is

authority, allowing as it does the MMDA to fix and impose unspecified and therefore unlimited - fines and other penalties on erring motorists. MMDAs argument: The powers

Memorandum Circular No. YY-95001 dated 04/15/95. The RTC ruled in favor of Garin. Thus, MMDA filed this petition in the SC. MMDA reiterates and reinforces its argument that a license to operate a motor vehicle is neither a contract nor a property right, but is a privilege subject to reasonable regulation

granted to it by Sec. 5(f) of Rep. Act No. 7924 are limited to the fixing, collection and imposition of fines and penalties for traffic violations, which powers are legislative and executive in nature; the judiciary retains the right to determine the validity of the penalty imposed. It further argues

under the police power in the interest of the public safety and welfare. It further argues that revocation or suspension of this privilege does not constitute a taking without due

that the doctrine of separation of powers does not preclude

process as long as the licensee is given the right to appeal the

admixture of the three powers of government agencies. in Moreover, administrative MMDA has

revocation. Meanwhile, on 12 August 2004, the MMDA, through its Chairman Bayani

already formulated its implementing

Fernando,

implemented

concerned,

recent

events

have

Memorandum Circular No. 04, Series of 2004, outlining the procedures for the use of the Metropolitan Traffic Ticket (MTT) scheme. Under the

overtaken the Courts need to decide this case, which has been rendered moot and academic of by the

implementation

Memorandum

circular, erring motorists are issued an MTT, which can be paid at any Metrobank branch. Traffic enforcers may no longer confiscate drivers licenses as a matter of course in cases of traffic violations. All

Circular No. 04, Series of 2004. The petitioner, however, is not precluded from re-implementing Memorandum Circular No. TT-95-001, or any other scheme, for that matter, that would entail confiscating drivers licenses. For the proper implementation,

motorists with unredeemed TVRs were given seven days from the date of implementation of the new system to pay their fines and redeem their license or vehicle plates. It would seem, therefore, that insofar as the absence of a prima facie case to enjoin the petitioner licenses from is

therefore, of the petitioners future programs, the Supreme Court

deemed it appropriate to make the following observations: 1) A license to operate a motor vehicle is a privilege that the state may withhold in the exercise of its police power; 2) The MMDA is not vested with police

confiscating

drivers

power; and 3) Sec. 5(f) grants the MMDA with the duty to enforce existing traffic rules and regulations (which enforce, ordinances). WON MMDA has police power and WON it has the authority to means but that MMDA may enact,

Constitution, as they shall judge to be for the good and welfare of the commonwealth, and for the subjects of the same. Having been lodged primarily in the National Legislature, it cannot be exercised by any group or body of individuals not possessing legislative power. The National

cannot

confiscate traffic violators drivers license without an enabling law

Legislature, however, may delegate this power to the president and administrative boards as well as the lawmaking bodies of municipal

enacted by Congress. Held: No

corporations or local government units (LGUs). Once delegated, the agents can exercise only such

Police power, as an inherent attribute of sovereignty, is the power vested by the Constitution in the legislature to make, ordain, and establish all manner reasonable of wholesome laws, statutes and and

legislative powers as are conferred on them by the national lawmaking body. In Metro Manila v. Development Village

ordinances, either with penalties or without, not repugnant to the

Authority

Bel-Air

Association,

Inc.,

the

SC

confiscate and suspend or revoke drivers licenses without need of any other legislative enactment, such is an unauthorized exercise of police power. Sec. 5(f) grants the MMDA with the duty to enforce existing traffic rules and regulations. Thus, where there is a traffic law or regulation validly enacted by the legislature or those agencies to whom legislative powers have been delegated (the City of Manila in this case), the petitioner is not precluded and in fact is dutybound to confiscate and suspend or revoke drivers licenses in the

categorically stated that Rep. Act No. 7924 does not grant the MMDA with police power, let alone legislative power, and that all its functions are administrative in nature. The MMDA is not a political unit of government. The power delegated to the MMDA is that given to the Metro Manila Council to promulgate administrative rules and regulations of the in the

implementation functions.

MMDAs

There is no grant of

authority to enact ordinances and regulations for the general welfare of the inhabitants of the metropolis. Therefore, insofar as Sec. 5(f) of Rep. Act No. 7924 is understood by the lower court and by the petitioner to grant the MMDA the power to

exercise of its mandate of transport and traffic management, as well as the administration of all and traffic

implementation

enforcement engineering education

operations, services programs. and This

traffic traffic is

consistent with the ruling in Bel-Air that the MMDA is a development authority created for the purpose of laying down policies and coordinating with the various national government agencies, peoples organizations,

non-governmental organizations and the private sector, which may

enforce, but not enact, ordinances.

Municipal Contracts

CORPORATE POWERS Sec 22, LGC See above Feliciano v. COA Background: A Special Audit Team This is a petition for certiorari to annul from COA Regional Office No. VIII the Commission on Audits (COA) audited the accounts of LMWD. Resolution dated 01/03/00 and the Subsequently, LMWD received a Decision dated 01/30/01 denying the letter from COA dated 19 July 1999 Motion for Reconsideration. The requesting payment of auditing fees. COA denied petitioner Ranulfo C. As General Manager of LMWD, Felicianos request for COA to cease petitioner sent a reply dated 12 all audit services, and to stop October charging auditing fees, to Leyte Regional Director that the water Metropolitan Water District district could not pay the auditing (LMWD). The COA also denied fees. Petitioner cited as basis for his 1999 informing COAs petitioners request for COA to refund all auditing fees previously paid by LMWD.

action

Sections

and

20

of

WON a Local Water District (LWD) created under PD 198, as amended, is a government-owned or controlled corporation subject to the audit

Presidential Decree 198 (PD 198), as well as Section 18 of Republic Act No. 6758 (RA 6758). The Regional Director referred petitioners reply to the COA Chairman on 18 October 1999. On 19 October 1999, petitioner wrote COA through the Regional Director asking for refund of all auditing fees LMWD previously paid to COA. On 16 March 2000, petitioner received COA Chairman Celso D. Gangans Resolution dated 3 January 2000 denying his requests. Petitioner filed a motion for reconsideration on 31 March 2000, which COA denied on 30 January 2001. On 13 March 2001, petitioner filed this instant petition.

jurisdiction of COA. Held:Yes. The Constitution and existing laws mandate government COA to audit all

agencies, and

including controlled

government-owned

corporations (GOCCs) with original charters. An LWD is a GOCC with an original charter. Article IX-D of the Section 2(1), Constitution

provides for COAs audit jurisdiction, as follows: SECTION 2. (1) The Commission

on Audit shall have the power, authority and duty to examine, audit, and settle all accounts pertaining to

the revenue and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to, the Government, or any of its subdivisions, agencies, or instrumentalities, government-owned and including controlled

Obviously, LWDs are not private corporations because they are not created under the Corporation Code. LWDs are not registered with the Securities Commission. and Exchange

Section 14 of the

Corporation Code states that [A]ll corporations organized under this code shall file with the Securities and

corporations with original charters, x xx The Constitution to create authorizes governmentcorporations Since have that

Exchange Commission articles of incorporation x x x. LWDs have no articles of incorporation, no

Congress owned or

controlled

through special charters. private special corporations cannot charters, it follows

incorporators and no stockholders or members. There are no stockholders or members to elect the board directors of LWDs as in the case of all corporations registered with the Securities and Exchange

Congress can create corporations with special charters only if such corporations are government-owned or controlled.

Commission. The local mayor or the provincial governor appoints the

directors of LWDs for a fixed term of office. This Court has ruled that

and power from PD 198. Sections 6 and 25 of PD 198 provide: Section 6. Formation of District. This Act is the source of authorization and power to form and maintain a district. For purposes of this Act, a district shall be considered as a quasi-public corporation performing public service and supplying public wants. As such, a district shall

LWDs are not created under the Corporation Code. LWDs exist by virtue of PD 198, which constitutes their special

charter. Since under the Constitution only government-owned or controlled corporations may have special

charters, LWDs can validly exist only if they are government-owned or controlled. To claim that LWDs are private corporations with a special charter is to admit that their existence is constitutionally infirm. Unlike private corporations, which derive their legal existence and

exercise the powers, rights and privileges given to private

corporations under existing laws, in addition to the powers granted in, and subject to such restrictions

imposed, under this Act. x x x Sec. 25. Authorization. The

power from the Corporation Code, LWDs derive their legal existence

district may exercise all the powers which are expressly granted by this Title or which are necessarily implied

from or incidental to the powers and purposes herein stated. For the

LWDs are government-owned and controlled corporations with a special charter. The phrase government-owned and controlled corporations with original charters means GOCCs created under special laws and not under the general incorporation law. There is no difference between the term original charters. Petitioners Sangguniang contention Bayan that the charters and special

purpose of carrying out the objectives of this Act, a district is hereby granted the power of eminent domain, the exercise thereof shall, however, be subject to review by the

Administration. Clearly, LWDs exist as corporations only by virtue of PD 198, which expressly confers on LWDs corporate powers. Section 6 of PD 198

provides that LWDs shall exercise the powers, rights and privileges given to private corporations under existing laws. Without PD 198,

resolution

creates the LWDs assumes that the Sangguniang Bayan has the power to create corporations. This is a The

LWDs would have no corporate powers. Thus, PD 198 constitutes

patently baseless assumption.

Local Government Code does not vest in the Sangguniang Bayan the power to create corporations. What

the special enabling charter of LWDs. The ineluctable conclusion is that

the

Local

Government

Code

(vii) Subject provide for

to the

existing

laws,

empowers the Sangguniang Bayan to do is to provide for the establishment of a waterworks system subject to existing laws. Thus, Section 447(5) (vii) of the Local Government Code provides: SECTION 447. Powers, Duties,

establishment,

operation, maintenance, and repair of an efficient waterworks system to supply water for the inhabitants; regulate maintenance, hydrants, the repair construction, and use of cisterns and

pumps,

Functions and Compensation. (a) The sangguniang bayan, as the legislative body of the municipality, shall enact ordinances, approve

reservoirs; protect the purity and quantity of the water supply of the municipality and, for this purpose, extend the coverage of appropriate ordinances over all territory within the drainage area of said water supply and within one hundred (100) meters of the reservoir, conduit, canal, or

resolutions and appropriate funds for the general welfare and its of the

municipality

inhabitants

pursuant to Section 16 of this Code and in the proper exercise of the corporate powers of the municipality as provided for under Section 22 of this Code, and shall:

aqueduct,

pumping

station,

watershed used in connection with the water service; and regulate the

consumption, use or wastage of water; The Sangguniang Bayan may

Sangguniang Bayan would constitute an LWDs special charter, making the LWD a government-owned and

establish a waterworks system only in accordance with the provisions of PD 198. The Sangguniang Bayan

controlled corporation with an original charter. In any event, the Court has already ruled in Baguio Water District v. Trajano that the Sangguniang Bayan resolution is not the special charter of LWDs, thus: While it is true that a resolution of a local sanggunian is still necessary for the final creation of a district, this Court is of the opinion that said resolution cannot be considered as its charter, the same being intended only to implement the provisions of said decree.

has no power to create a corporate entity that will operate its waterworks system. However, the Sangguniang Bayan may avail of existing enabling laws, like PD 198, to form and incorporate a water district. Besides, even assuming for the sake of argument that the Sangguniang

Bayan has the power to create corporations, the LWDs would remain government-owned or controlled

corporations subject to COAs audit jurisdiction. AUTHORITY The resolution of the

TO NEGOTIATE OR SECURE GRANTS AND INCUR INDEBTEDNESS

Sec 23, LGC See above BUILD-OPERATE-TRANSFER Sec 302, LGC Sec. 302. Financing, Construction, Operation, of and applicable provisions of

Maintenance, Management

Republic Act Numbered Sixtynine hundred fifty-seven (R.A. No. 6957) authorizing the

Infrastructure

Projects by the Private Sector. (a) Local government units

financing,

construction,

may enter into contracts with any duly pre-qualified

operation and maintenance of infrastructure projects by the private sector and the rules and regulations issued

individual contractor, for the financing, construction,

operation, and maintenance of any financially viable

thereunder and such terms and conditions provided in this Section. (b) Local government units

infrastructure facilities, under the build-operate-and-transfer agreement, subject to the

shall include in their respective

local development plans and public investment programs priority projects that may be financed, constructed,

by

the

local

development

councils. (c) Projects implemented

under this Section shall be subject to the following terms and conditions: (1)The provincial, city, or

operated and maintained by the private sector under this Section. It shall be the duty of the local government unit

concerned to disclose to the public all projects eligible for financing under this Section, including official notification of duly registered contractors

municipal engineer, as the case may be, upon formal request in writing by the local chief

executive, shall prepare the plans and specifications for the proposed projects, which shall be submitted to the sanggunian for approval. (2)Upon approval by the

and publication in newspapers of general or local circulation and in conspicuous public and

accessible

places.

Local projects under the buildoperate-and-transfer agreement shall be confirmed

sanggunian of the project plans and specifications, city or the

provincial,

municipal

engineer shall, as the case may be cause to be published once every week for two (2)

In the case of a build-operateand-transfer agreement, the

contract shall be awarded to the lowest complying bidder whose offer is deemed most advantageous to the local

consecutive weeks in at least one (1) local newspaper which is circulated in the region, province, city or municipality in which the project is to be implemented, a notice inviting all duly qualified contractors to participate in a public bidding for the projects so approved. The conduct of public bidding and award of contracts for local government projects under this Section shall be in accordance with this Code laws, and rules other and

government and based on the present value of its proposed tolls, fees, rentals, and charges over a fixed term for the facility to be constructed, operated, and maintained according to the prescribed minimum design and performance standards,

plans, and specifications. For this purpose the shall winning be

contractor

applicable regulations.

automatically granted by the local government the franchise unit to

concerned

operate

and

maintain

the

shall post the required bonds to protect the interest of the

facility, including the collection of tolls, fees, rentals, and

province, city, or municipality, in such amounts as may be fixed by the sanggunian concerned and the provincial, city or

charges in accordance with subsection (c-1) hereof. In the case of a build-operateand-transfer agreement, the

municipal engineer shall, as the case may be, not allow any contractor to initiate the

contract shall be awarded to the lowest complying bidder based on the present value of its proposed schedule of

prosecution of projects under this Section unless such

amortization payments for the facility to be constructed

contractor presents proof or evidence that he has posted the required bond. (4)The contractor shall be entitled to a reasonable return of its investment in accordance with

according to the prescribed minimum design and

performance standards, plans, and specifications. (3)Any contractor who shall

its bid proposal as accepted by the local government unit

undertake the prosecution of any project under this Section

concerned.

In the case of a build-operateand-transfer agreement, the

which shall in no case exceed fifty (50) years: Provided,

repayment shall be made by authorizing the contractor to charge and collect reasonable tolls, fees, rentals, and charges for the use of the project facility not exceeding those proposed in the bid and incorporated in the contract: Provided, That the local government shall, based and unit on

finally, That during the lifetime of the contract, the contractor shall undertake the necessary maintenance and repair of the facility in accordance with

standards prescribed in the bidding documents and in the contract. In the case of a build-operateand-transfer repayment agreement, shall be the made

concerned

reasonableness

equity,

approve the tolls, fees, rentals and charges: Provided, further, That the imposition and

through amortization payments in accordance with the

schedule proposed in the bid and incorporated in the

collection of tolls, fees, rentals and charges shall be for a fixed period as proposed in the bid and incorporated in the contract

contract. In case of land reclamation or construction of industrial

estates, the repayment plan may consist of the grant of a portion or percentage of the reclaimed land or the industrial estate constructed. (5)Every infrastructure project

Section to determine their legality, enforceability correctness of form. validity, and

undertaken under this Section shall be constructed, operated, and maintained by the

contractor under the technical supervision government accordance of unit with the and the local in

plans,

specifications, standards, and costs approved by it. (d)The provincial, city or municipal legal officer

shall, as the case may be, review the contracts executed pursuant to this

Liability

LIABILITY

ON

CONTRACTS ULTRA

VIRES ACT

San Diego v. Municipality of Naujan, Oriental Mindoro Following a public bidding for the lease of the municipal waters of Respondent, Petitioner, being the highest bidder, was awarded a

Petitioner extension

later

asked a

for

an

because

typhoon

destroyed most of his fish corrals. The municipal council adopted

Resolution 222 which extended the lease for another five years on the condition that Plaintiff would waive the privilege to seek for the reduction of the annual rent. This resolution was approved by the Provincial Board and a new contract was drawn and approved through Resolution 229 by the municipal council whose term was then about to expire.

contract which granted to the lessee the exclusive privilege of erecting fish corrals along the Butas river up to the Nuajan Lake for a period of 5 years. About a year into the lease period, the council reduced the annual rental by 20% upon the petition of the lessee.

The new municipal council, this time with a new set of members, adopted Resolutions 3 and 11 which revoked Resolutions 222 and 229

extension of the term of the lease appear to have been granted without previous public bidding. Statutes

requiring public bidding apply to amendments of any contract already executed in compliance with the law where such amendments alter the original contract in some vital and essential particular. Resolution 3 is not an impairment of the obligation of contract, because the constitutional provision on

respectively. Petitioner argues that these resolutions violated his

constitutional

right

against

deprivation of property without due process. The respondent argues that Resolutions 222 and 229 are void. Held: Resolution 222, and hence also Resolution 229, are void. Sec. 2323 of the Revised Administrative Code requires public bidding for the

impairment refers only to contract legally executed. Public biddings are held for the best protection of the public and to give the public the by best means possible of open

exclusive privilege of fishery or the right to conduct a fish-breeding

ground. There is no doubt that the original lease contract in this case was awarded to the highest bidder, but the reduction of the rental and the

advantages

competition between the bidders." Contracts requiring public bidding

affect public interest, and to change them without complying with that requirement would indeed be against public policy. Rivera v. Municipality of Malolos Petitioners bid the lowest in the public bidding for the supply of construction materials for road repair operations of the municipality. The acting municipal treasurer informed them that the contract was awarded to them and the Mayor signed it in behalf of the municipality. The

In

1950,

petitioners treasurer

wrote because

the the

municipal

amount of P19, 339.56 that was due them was not yet paid. The municipal treasurer informed them that

Municipal Council had agreed to put said amount as standing obligation of the municipality authorizing payment and authorizing the Municipal

Treasurer to pay as soon as funds are available. Resolution No. 68 was later passed which ratified the public bidding held for the construction supplies. In 1951, petitioners filed an action with the CFI which was dismissed. They filed a case with the

contracted stipulated that petitioners were to deliver crushed adobe stones and gravel which they did in 1949 at the place designated by the Mayor.

Presidential Complaints and Action Committee which forwarded it to the General Auditing Office. This office

denied the claim for payment on grounds which the Petitioners argue are mere technicalities. Held: The law requires that before a contract involving the expenditure of P2,000 or more may be entered into or authorized, the municipal treasurer must certify to the officer entering into such contracts that funds have been duly appropriated for such purpose and that the amount necessary to cover the proposed contract-is

pursuant to a contract lawfully and validly entered into. In the case at bar, there was no such check up and the Auditor General is not in duty bound to pass and allow in audit the sum claimed by the petitioner if he or his authorized representative did not check up the delivery of the crushed adobe stone and gravel. To say that the purpose and aim of this checking requirement is to forestall fraud and collusion is to state what is obvious. Petitioners claim that the Motor Vehicle Law constitutes sufficient appropriation is untenable. This law merely allocates 10 per cent of the money collected under its provisions to the road and bridge funds of the different municipalities in proportion to population as shown in the latest

available for expenditure on account thereof. The contracted entered into by the Petitioners is contrary to this provision and is wholly void. Moreover, the law provides that the provincial auditor or his

representative must check up the deliveries made by a contractor

available census, for the repair, maintenance and construction of

Petitioner respondent

filed

case (the

against Mayor)

Maclang

municipal roads. This alone is not sufficient appropriation and authority to disburse part of the 10 per cent collected under the Motor Vehicle Law for the purpose of paying the claim of the petitioner. Petitioners remedy can be found in Sec. 608 of the Revised

which the CFI dismissed because the Supreme Court has already declared that the contract is void and therefore cant produce any legal effects. Held: The present action is against defendant-appellee in his personal capacity on the strength of section 608 of the Revised Administrative Code, which provides as follows: SEC. 608. Void contract, Liability of officer. A purported contract entered into contrary to the requirements of the next preceding section hereof shall be wholly void, and the officer assuming to make such contract shall be liable to the Government or other contracting party for any consequent damage to the same extent as if the

Administrative Code. Rivera v. Maclang this is a continuation of the above case)

transaction had been wholly between private parties. The position of defendant-appellee, as the officer who signed the contract with appellant in violation of section 607, comes squarely under the

party. We take it that the intention of the law in this respect is to ensure that public officers entering into transactions with private individuals calling for the expenditure of public funds observe a high degree of caution so that the government may not be the victim of ill-advised or improvident action by those

provision just quoted. His liability is personal, as it the transaction had been entered into by him as a private

assuming to represent it.

LIABILITY

ON

TORTS (QUASI-DELICT) only for one's own acts or omissions, but also for those of persons for whom one is responsible.

Sec 24, LGC See above Art 2180, 2189, 34, Civil Code Art. 2180. The obligation imposed

by article 2176 is demandable not

The father and, in case of his death or incapacity, the mother, are

and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry. The State is responsible in like manner when it acts through a special agent; but not when the damage has been caused by the official to whom the task done properly pertains, in which case what is provided in article 2176 shall be applicable. Lastly, teachers or heads of

responsible for the damages caused by the minor children who live in their company. Guardians are liable for damages caused by the minors or

incapacitated persons who are under their authority and live in their

company. The owners and managers of an establishment or enterprise are

likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the

establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody.

occasion of their functions. Employers shall be liable for the damages caused by their employees

The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage. (1903a) Art. 2189. municipalities Provinces, cities and shall be liable for

emotionally abused by her husband Charles Thurman but the police continuously ignored her. There were instances that members of the police actually saw the abuse happening but did not intervene. Charles

Thurman lived in Torrington and worked as a counterman and short order cook at Skies Diner. There he served many members of the

damages for the death of, or injuries suffered by, any person by reason of the defective condition of roads, streets, bridges, public buildings, and other public works under their control or supervision. (n) Thurman Torrington v. City of

Torrington

Police

Department,

including some of the officers in this case. While at work, Charles

Thurman boasted to the officers that he intended to get his wife and that he intended to kill her. The situation escalated to the point

Tracey Thurman repeatedly reported to the police that she and her son were being physically and

that after being issued a restraining order, Charles Thurman nevertheless went to Traceys home and

demanded to be let in. Tracey called the police and went outside to plead with Charles not to hurt their son. Charles suddenly stabbed Tracey repeatedly in the chest, neck, and throat. 25 minutes later, a single police officer arrived and saw Charles still holding the bloody knife. In the presence of the police officer,

she was lying on a stretcher, Charles Thurman was arrested and taken into custody.

Held: Tracey Thurman sued the city for the violations of her rights under the U.S. Constitution. The City

brought a motion to dismiss her claims arguing that the equal

Charles kicked Tracey in the head then went inside the house and came back holding their son whom he dropped on top of Tracey. Charles kicked Tracey in the head a second time. Soon, more police arrived but they permitted Charles to wander about the crowd and continue to threaten Tracey. Finally, upon approaching Tracey once again, this time while

protection clause [no state shall deny any person the equal protection of the laws] only prohibits intentional discrimination that is racially

motivated. The Citys argument is clearly a misstatement of the law. The application of the equal

protection clause is not limited to racial classifications or racially

motivated

discrimination.

Classifications on the basis of gender

will be held invalid under the equal protection clause unless they are substantially related to strike down classifications which are not rationally related to a legitimate governmental purpose. City officials and police officers are under an affirmative duty to preserve law and order, and to protect the personal safety of persons in the community. This duty applies equally to women whose personal safety is threatened by individuals with whom they have or have had a domestic relationship as well as to all other persons whose personal safety is threatened, including women not

relationships or other persons, they are under an affirmative duty to take reasonable measures to protect the personal safety of such persons in the community. Failure to perform this duty would constitute a denial of equal protection of the laws. The Citys motion to dismiss is denied Palafox v. Province of

Ilocos Norte Sabas Torralba was employed as a driver of the Provincial Government of Ilocos Norte and was detailed to the Office of the District Engineer. While driving his truck in the

performance of his duties, he ran over and killed Proceto Palafox. Torralba was convicted of homicide through reckless imprudence. The heirs of Palafox instituted an action

involved in domestic relationships. If officials have notice of the possibility of attacks on women in domestic

for damages against the provincial government. Issue: WON the Provincial

In the Mendoza case, it was held that if the negligent in the employee performance was of

engaged

Government of Ilocos Norte is liable. Held: No.

governmental duties as distinguished from proprietary or business

functions, the government is not liable. In the present case, the construction or maintenance of roads in which the driver Torralba was engaged in at the time of the accident is admittedly governmental activities. Mendoza v. De Leon This is an action for damages against the individual members of the

To attach liability to the state, a declaration must be made that

Torralba was a special agent within the scope of Article 1903 paragraph 5 of the Civil Code. But this principle applies only to the Insular as or

Government of the Philippines distinguished from provincial

municipal governments. The heirs of Palafox invoked the doctrine of respondeat superior which provides that the master shall answer for the negligent acts of its

municipal council of the municipality of Villasis, Pangasinan, of the lease for of the an

revocation

exclusive ferry privilege awarded to the plaintiff under the provisions of Act. No. 1634 of the Philippine

employees.

Commission. After user of a little more than one year, the plaintiff was forcibly ejected under and in

Of

the

latter

class of the use

are

the

establishment waterworks inhabitants, maintenance for the

municipal of the and

pursuance of a resolution adopted by the herein defendants, awarding a franchise for the same ferry to another person. Issue: WON the defendants are liable to the plaintiff for damages. Held: Municipalities Islands Municipal governmental of the Yes. Philippine under have corporate the both or

construction of

municipal

slaughterhouses, markets, stables, bathing establishments, wharves,

ferries, and fisheries. Act No. 1643 provides that the use of each fishery, fish-breeding ground, ferry, stable, market, and slaughterhouse

belonging to any municipality or township shall be let to the highest bidder annually or for such longer period not exceeding five years as may have been previously approved by the provincial board of the

organized Code and

business functions. Of the first class are the adoption of regulation against fire and disease, preservation of the public peace, maintenance of

province in which the municipality or township is located.

municipal prisons, establishment of primary schools and post-offices, etc.

The twofold character of the powers of a municipality, under our Municipal Code (Act No. 82) is so apparent and its private or corporate powers so numerous and important that we find no difficulty in reaching the

governmental character by being delegated to the municipal

government. Nor does the fact that such duties are performed by such officers of the municipality which, for convenience, the state allows the municipality to select, change their character. To preserve the peace, protect the morals and health of the community and so on is to administer government, whether it be done by the central government itself or is shifted to a local organization. And the state being immune for injuries suffered by private individuals in the

conclusion that the general principles governing the liability of such entities to private individuals as enunciated in the United States are applicable to it. The distinction is also recognized by Dillon in his work on Municipal Corporations (5th ed.) sections 38 and 39. As is indicated in some of the above quoted cases, the municipality is not liable for the acts of its officers or agents in the performance of its governmental functions.

administration

of

strictly

governmental functions, like immunity is enjoyed by the municipality in the performance of the same duties,

Governmental affairs do not lose their

unless it is expressly made liable by statute. It should be clear that a municipality is not exempt from liability for the negligent performance of its

respondeat superior applies. It is for these purposes that the municipality is made liable to suits in the courts. Here it is clear that the leasing of a municipal ferry to the highest bidder for a specified period of time is not a governmental but corporate function. Such a lease, when validly entered into, constitutes a contract with the lessee which the municipality is bound to respect. The matter is thus summed up by Dillon on Municipal Corporations (5th ed., sec. 1306): "Ordinances made by municipalities under charter or legislative authority, containing grants to water and light companies and other public service corporations of the right to use the street pipes, mains, etc., upon the condition of the performance of

corporate or proprietary or business functions. In the administration of its patrimonial property, it is to be regarded as a private corporation or individual 153113-13 so far as its liability to third persons on contract or in tort is concerned. Its contracts, valid entered into, may be enforced and damages may be collected from it for the torts of its officers or agents within the scope of their employment in precisely the same manner and to the same extent as those of private corporations or individuals. As to such matters the principle of

service by the grantee, are, after acceptance and performance by the grantee, contracts protected by the prohibition of the Federal Constitution against the enactment of any State Law impairing the obligation of

arising from the exercise of corporate powers of municipalities. There is not a scintilla of evidence that there was any justifiable reason for forcibly evicting the plaintiff from the ferry which he had leased. On the contrary, the defendant councilors attempted to justify their action on the ground that the ferry which he was operating was not the one leased to him; this in spite of the fact the vicepresident had personally placed him in possession of it more than a year before, and the fact that he had operated this ferry for over a year, evidently with the knowledge of the defendants. The evidence is so clear that the ferry of which the plaintiff was dispossessed was the one which he had leased that no reasonable

contracts." It seems clear, therefore, that under the provisions of the Municipal Code and Act No. 1634, above referred to, the plaintiff had a vested right to the exclusive operation of the ferry in question for the period of his lease. Were the municipality a party to this action, it would be patent that a judgment for damages against it for the rescission of the contract would be proper. This, be it said, is the usual method of exacting damages, either ex contractu or ex delicto

man

would

entertain

any

doubt

corporation existing under and in accordance with the laws of the Republic of the Philippines. At about 7 o'clock in the morning of December 16, 1965, a collision occurred

whatever upon the question. Hence, we cannot say that in rescinding the contract with the plaintiff, thereby making the municipality liable to an action for damages for no valid reason at all, the defendant

involving a passenger jeepney driven by Bernardo Balagot and owned by the Estate of Macario Nieveras, a gravel and sand truck driven by Jose Manandeg and owned by Tanquilino Velasquez and a dump truck of the Municipality of San Fernando, La Union and driven by Alfredo Bislig. Several passengers of the jeepney including Laureano Bania Sr. died

councilors were honestly acting for the interests of the municipality. We are, therefore, of the opinion that the defendants are liable jointly and severally for the damages sustained by the plaintiff from the rescission of his contract of lease of the ferry privilege in question. Municipality Fernando, Firme Petitioner Municipality of San La of Union San v.

as a result of the injuries they sustained and four (4) others suffered varying degrees of physical injuries. Private respondents (heirs of the deceased Laureano Bania Sr.)

Fernando, La Union is a municipal

instituted a compliant for damages against the Estate of Macario

without prejudice to another motion which was then pending but the MR was denied. WON respondent Judge Firme

Nieveras and Bernardo Balagot in the CFI of La Union. The aforesaid defendants filed a Third Party

exceeded his jurisdiction when he ruled on the issue of liability of the Municipality of San Fernando, La Union. Held: Yes

Complaint against the petitioner and the driver of a dump truck of petitioner. Thereafter, the private

respondents amended the complaint wherein the petitioner and its regular employee, Alfredo Bislig were

The doctrine of non-suability of the State is expressly provided for in Article XVI, Section 3 of the

impleaded for the first time as defendants. The trial court rendered a decision for the plaintiffs, and defendants

Constitution, to wit: "the State may not be sued without its consent." Stated in simple parlance, the

Municipality of San Fernando, La Union and Alfredo Bislig are ordered to pay them jointly and severally. Petitioner filed a motion for

general rule is that the State may not be sued except when it gives consent to be sued. Consent takes the form of express or implied consent.

reconsideration and for a new trial

Express consent may be embodied in a general law or a special law. The standing consent of the State to be sued in case of money claims involving liability arising from

sovereign

immunity

from

suit.

Nevertheless, they are subject to suit even in the performance of such functions because their charter

provided that they can sue and be sued. It has already been remarked that municipal corporations are suable because their charters grant them the competence to sue and be sued. Nevertheless, they are generally not liable for torts committed by them in the discharge and of can governmental be held

contracts is found in Act No. 3083. A special law may be passed to enable a person to sue the government for an alleged quasi-delict. Consent is implied when the government enters into business contracts, thereby

descending to the level of the other contracting party, and also when the State files a complaint, thus opening itself to a counterclaim. Municipal corporations, for example, like provinces and cities, are

functions

answerable only if it can be shown that they were acting in a proprietary capacity. In permitting such entities to be sued, the State merely gives the claimant the right to show that the defendant was not acting in its

agencies of the State when they are engaged in governmental functions and therefore should enjoy the

governmental

capacity

when

the

After a careful examination of existing laws and jurisprudence, We arrive at the conclusion that the municipality cannot be held liable for the torts committed by its regular employee, who was then engaged in the

injury was committed or that the case comes under the exceptions

recognized by law. Failing this, the claimant cannot recover. In the case at bar, the driver of the dump truck of the municipality insists that "he was on his way to the Naguilian river to get a load of sand and gravel for the repair of San Fernando's municipal streets. In the absence of any evidence to the contrary, the of regularity official of duty the is

discharge of governmental functions. Hence, the death of the passenger tragic and deplorable though it may be imposed on the municipality no duty to pay monetary compensation. Fernando v. CA and City of Davao On November 7, 1975, Bibiano

performance

presumed pursuant to Section 3(m) of Rule 131 of the Revised Rules of Court. Hence, We rule that the driver of the dump truck was performing duties or tasks pertaining to his office.

Morta, market master of the Agdao Public Market filed a requisition request with the Chief of Property of the City Treasurer's Office for the reemptying of the septic tank in Agdao. An invitation to bid was issued to

Aurelio

Bertulano,

Lito

Catarsa,

Juan Abear of the City Health Office autopsied the bodies and in his reports, put the cause of death of all five victims as `asphyxia' caused by the diminution of oxygen supply in the body working below normal

Feliciano Bascon, Federico Bolo and Antonio Suer, Jr. Bascon won the bid. On November 26, 1975 Bascon was notified and he signed the purchase order. However, before such date, specifically on November 22, 1975, bidder Bertulano with four other companions were found dead inside the septic tank. The bodies were removed by a fireman. The City Engineer's office investigated the case and learned that the five victims entered clearance the septic it tank nor without with the

conditions. The lungs of the five victims burst, swelled in

hemmorrhagic areas and this was due to their intake of toxic gas, which, in this case, was sulfide gas

produced from the waste matter inside the septic tank. The trial court rendered a decision dismissing the case. Petitioners

from

knowledge and consent of the market master. In fact, the septic tank was found to be almost empty and the victims were presumed to be the ones who did the re-emptying. Dr.

appealed to the then Intermediate Appellate Court (now Court of

Appeals). The IAC reversed the appealed judgment and ordered the defendant to pay the plaintiffs.

Both parties filed their separate motions Court of for reconsideration. rendered The an

constitute a negligent act in a given situation, the case of Picart v. Smith (37 Phil. 809, 813) provides Us the answer, to wit: "The test by which to determine the existence or negligence in a

Appeals

Amended Decision dismissing the case against the City of Davao. WON the City of Davao is guilty of negligence. Held: No

particular case may be stated as follows: Did the defendant in doing the alleged negligent act use that reasonable care and caution which an ordinary person would have used in the same situation? If not, then he is guilty of negligence. "The question as to what would constitute the conduct of a prudent man in a given situation must of course be always determined in the light of human experience and in view of the facts involved in the particular case. The proper criterion

Negligence has been defined as the failure to observe for the protection of the interests of another person that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury. Under the law, a person who by his omission causes damage to another, there being negligence, is obliged to pay for the damage done (Article 2176, New Civil Code). As to what would

for determining the existence of negligence in a given case is this: Conduct is said to be negligent when a prudent man in the position of the tortfeasor would have foreseen that an effect harmful to another was sufficiently probable to warrant his foregoing the conduct or guarding against its consequences. To be entitled to damages for an injury resulting from the negligence of another, a claimant must establish the relation between the omission and the damage. He must drove under Article 2179 of the New Civil Code that the defendant's negligence was the immediate and proximate cause of his injury. The test is simple. Distinction must be made between the accident and the injury, between

the event itself, without which there could have been no accident, and those acts of the victim not entering into it, independent of it, but

contributing to his own proper hurt. Where he contributes to the principal occurrence, as one of its determining factors, he can not recover. Where, in conjunction with the occurrence, he contributes only to his own injury, he may recover the amount that the defendant responsible for the event should pay for such injury, less a sum deemed a suitable equivalent for his own imprudence. While it may be true that the public respondent has been remiss in its duty to re-empty the septic tank annually, such negligence was not a continuing one. Upon learning from

the report of the market master about the need to clean the septic tank of the public toilet in Agdao Public Market, the public respondent

compliance with the sanitary and plumbing specifications in

constructing the toilet and the septic tank. Hence, the toxic gas from the waste matter could not have leaked out because the septic tank was airtight. Toilets and septic tanks are not nuisances per se as defined in Article 694 of the New Civil Code which would necessitate warning signs for the protection of the public. While the construction of these public facilities demands utmost compliance with safety and sanitary requirements, the putting up of warning signs is not one of those requirements. It would appear that an accident such

immediately responded by issuing invitations to bid for such service. Thereafter, it awarded the bid to the lowest bidder, Mr. Feliciano Bascon. The public respondent, therefore, lost no time in taking up remedial

measures to meet the situation. It is likewise an undisputed fact that despite the public respondent's

failure to re-empty the septic tank since 1956, people in the market have been using the public toilet for their personal necessities but have remained unscathed. The absence of any accident was due to the public respondent's

as toxic gas leakage from the septic tank is unlikely to happen unless one

removes its covers. The accident in the case at bar occurred because the victims on their own and without authority from the public respondent opened the septic tank. Considering the nature of the task of emptying a septic tank especially one which has not been cleaned for years, an ordinarily prudent be person aware should of the

The market master knew that work on the septic tank was still

forthcoming. It must be remembered that the bidding had just been conducted. Although the winning

bidder was already known, the award to him was still to be made by the Committee on Awards. Upon the other hand, the accident which befell the victims who are not in any way connected with the winning bidder happened before the award could be given. Considering that there was yet no award and order to commence work on the septic tank, the duty of the market master or his security guards to supervise the work could not have started. The surreptitious way in which the victims did their job without clearance from the market

undoubtedly

attendant risks. The victims are no exception; more so with Mr.

Bertulano, an old hand in this kind of service, who is presumed to know the hazards of the job. His failure, therefore, and that of his men to take precautionary measures for their

safety was the proximate cause of the accident.

master or any of the security guards goes against their good faith. Even their relatives or family members did not know of their plan to clean the septic tank. There is a total absence of

The petitioners are questioning the decision of the respondent court holding them liable in damages to the private respondent for refusing to issue to him a mayor's permit and license to operate his palay-threshing business. The case goes back to March 14, 1977, when the Sangguniang Bayan of Camalaniugan, Cagayan,

contractual relations between the victims and the City Government of Davao City that could give rise to any contractual obligation, much less, any liability on the part of Davao City. Tuzon and Mapagu v. CA and Jurado

unanimously adopted Resolution No. 9 which authorizes the municipal treasurer to enter into an agreement to all thresher operators, that will come to apply for a permit to thresh palay within the jurisdiction of the municipality to donate 1% of all the palay threshed by them to help finance the continuation of the

construction

of

the

Sports

and

sent the P285.00 license fee by postal money order to the office of the municipal treasurer who,

Nutrition Center Building. To implement the above resolution, petitioner Lope C. Mapagu, then incumbent municipal treasurer,

however, returned the said amount. Jurado filed with the Court of First Instance of Cagayan a special civil action for mandamus with actual and moral damages to compel the

prepared a document for signature of all thresher/owner/operators applying for a mayor's permit. Private Jurado respondent sent his Saturnino agent to T. the

issuance of the mayor's permit and license. He filed another petition with the same court for declaratory

municipal treasurer's office to pay the license fee of P285.00 for thresher operators. Mapagu refused to accept the payment and required him to first secure a mayor's permit. Mayor Domingo Tuzon said that Jurado should first comply with Resolution No. 9 and sign the agreement before the permit could be issued. Jurado ignored the requirement. Instead, he

judgment against the said resolution (and the implementing agreement) for being illegal either as a donation or as a tax measure. the Named same

defendants

were

respondents and all the members of the Sangguniang Bayan of

Camalaniugan.

The trial court upheld the challenged measure. Jurado appealed to the Court of Appeals which affirmed the validity of Resolution No. 9 and the implementing agreement.

Art. 27.

Any person suffering

material or moral loss because a public servant or employee refuses or neglects, without just cause, to

perform his official duty may file an action for damages and other relief against the latter, without prejudice to any disciplinary administrative action that may be taken. In the present case, it has not even

Nevertheless, it found Tuzon and Mapagu liable for acting maliciously and in bad faith when they denied Jurado's application for the mayor's permit and license. WON petitioners to are liable in

been alleged that the Mayor Tuzon's refusal to act on the private was an

damages

private

respondent

Jurado for having withheld from him the mayor's permit and license

respondent's

application

attempt to compel him to resort to bribery to obtain approval of his application. It cannot be said either

because of his refusal to comply with Resolution No. 9. Held: No

that the mayor and the municipal treasurer were motivated by personal spite or were grossly negligent in

The private respondent anchors his claim for damages on Article 27 of the New Civil Code, which reads:

refusing to issue the permit and license to Jurado. It is no less significant that no evidence has been offered to show that the petitioners singled out the private respondent for persecution. Neither does it appear that the petitioners stood to gain personally from refusing to issue to Jurado the mayor's permit and license he

their authority and in consonance with their honest interpretation of the resolution in question. We agree that it was not for them to rule on its validity. In the absence of a judicial decision declaring it invalid, its

legality would have to be presumed. As executive officials of the

municipality, they had the duty to enforce it as long as it had not been repealed by the Sangguniang Bayan or annulled by the courts. The private respondent complains that as a result of the petitioners' acts, he was prevented from

needed. The petitioners were not Jurado's business competitors nor has it been established that they intended to favor his competitors. On the contrary, the record discloses that the resolution was uniformly applied to all the threshers in the municipality without discrimination or preference. The Court is convinced that the petitioners acted within the scope of

operating his business all this time and earning substantial profit

therefrom, as he had in previous years. But as the petitioners correctly observed, he could have taken the

prudent

course

of

signing

the

Resolution No. 182 was also passed creating the "1959 Malasiqui Town Fiesta Executive Committee" which in turn organized a subcommittee on entertainment and stage, with Jose Macaraeg as Chairman. The council appropriated the amount of P100.00 for the construction of 2 stages, one for the "zarzuela" and another for the "cancionan". Jose Macaraeg

agreement under protest and later challenging it in court to relieve him of the obligation lite, he to "donate." have

Pendente

could

continued to operate his threshing business and thus avoided the lucro cesante that he now says was the consequence of the petitioners'

wrongful act. He could have opted for the less obstinate but still dissentient action, without loss of face, or principle, or profit. Torio v. Fontanilla On October 21, 1958, the Municipal Council of Malasiqui, Pangasinan passed Resolution No. 159 whereby "it resolved to manage the 1959 Malasiqui town fiesta celebration on January 21, 22, and 23, 1959."

supervised the construction of the stage. The "zarzuela" entitled "Midas

Extravanganza" was donated by an association of Malasiqui employees of the Manila Railroad Company in Caloocan, Rizal. One of the members of the group was Vicente Fontanilla. Before the dramatic part of the play was reached, the stage collapsed

and Vicente Fontanilla who was at the rear of the stage was pinned underneath. Fontanilla was taken to the San Carlos General Hospital where he died in the afternoon of the following day. The heirs of Vicente Fontanilla filed a complaint with the Court of First Instance of Manila to recover

jointly and severally the heirs of Vicente Fontanilla. WON the celebration of a town fiesta an undertaking in the exercise of a municipality's governmental or public function or is it of a private or proprietary character. Held: Private or proprietary character The powers of a municipality are twofold in character: public,

damages. Named party-defendants were the Municipality of Malasiqui, the Municipal Council of Malasiqui and all the individual members of the Municipal Council in 1959. Judge Gregorio T. Lantin dismissed the complaint. The Fontanillas appealed to the Court of Appeals which reversed the trial court's decision and ordered all the defendants-appellees to pay

governmental, or political on the one hand, and corporate, private, or proprietary Governmental exercised by on the are other. those in

powers the

corporation

administering the powers of the state and promoting the public welfare and they include the legislative, judicial, public, powers and political. Municipal hand are

on the other

exercised for the special benefit and advantage of the community and include those which are ministerial, private and corporate. This distinction of powers becomes important for purposes of determining the liability of the municipality for the acts of its agents which result in an injury to third persons. If the injury is caused in the of course a of the

corporation can be held liable to third persons ex contractu or ex delicto. Section 2282 of the Chapter on Municipal Law of the Revised

Administrative Code provision simply gives authority to the municipality to celebrate a yearly fiesta but it does not impose upon it a duty to observe one. Holding a fiesta even if the purpose is to commemorate a

performance

governmental

religious or historical event of the town is in essence an act for the special benefit of the community and not for the general welfare of the public performed in pursuance of a policy of the state. The mere fact that the celebration, as claimed, was not to secure profit or gain but merely to provide entertainment to the town inhabitants is not a conclusive test.

function or duty no recovery, as a rule, can be had from the municipality unless there is an existing statute on the matter, nor from its officers, so long as they performed their duties honestly and in good faith or that they did not act wantonly and maliciously. With respect to proprietary functions, the settled rule is that a municipal

There can be no hard and fast rule for purposes of determining the true nature of an undertaking or function of a municipality; the surrounding circumstances of a particular case are to be considered and will be decisive. The basic element, however beneficial to the public the

municipality's officers, employees, or agents. The Court of Appeals found and correctly held that there was negligence. It is incredible that any person in his right mind would remove the principal braces of the stage and leave the front portion of the stage practically unsupported as claimed by the defendants.

undertaking may be, is that it is governmental in essence, otherwise, the function becomes private or proprietary in character. Easily, no governmental or public policy of the state is involved in the celebration of a town fiesta. Under the doctrine of respondent superior, petitioner-municipality is to be held liable for damages for the death of Vicente Fontanilla if that was attributable to the negligence of the

Moreover, if that did happen, there was indeed negligence as there was lack of supervision over the use of the stage to prevent such an

occurrence. At any rate, the guitarist who was pointed to as the person who

removed the two bamboo braces denied having done so. The appellate court also found that the stage was not strong enough considering that

only P100.00 was appropriate for the construction of two stages and while the floor of the "zarzuela" stage was of wooden planks, the posts and braces used were of bamboo

The "Midas Extravaganza" which was to be performed during the town fiesta was a "donation" offered by an association of Malasiqui employees of the Manila and Railroad that Co. in the

material. Having failed to take the necessary steps to maintain the safety of the stage for the use of the participants in the stage presentation prepared in connection with the celebration particularly, participants of in or the town fiesta, nonfrom

Caloocan,

when

Municipality of Malasiqui accepted the donation of services and

constructed precisely a "zarzuela stage" for the purpose, the

participants in the stage show had the right to expect that the

preventing spectators

Municipality through its "Committee on entertainment and stage" would build or put up a stage or platform strong enough to sustain the weight or burden of the performance and take the necessary measures to insure the personal safety of the participants.

mounting and accumulating on the stage which was not constructed to meet the additional weight, the

defendants-appellees were negligent and are liable for the death of Vicente Fontanilla.

Petitioner or appellant Municipality cannot evade responsibility and/or liability under the claim that it was Jose Macaraeg who constructed the stage. through The its municipality municipal acting council

an

elementary has

principle a

that

corporation

personality,

separate and distinct from its officers, directors, or persons composing it and the latter are not as a rule coresponsible in an action for damages for tort or negligence by (culpa the

appointed Macaraeg as chairman of the sub-committee on entertainment and in charge of the construction of the "zarzuela" stage. Macaraeg acted merely as an agent of the

aquiliana)

committed

corporation's employees or agents unless there is a showing of bad faith or gross or wanton negligence on their part. The municipal councilors are not liable for the death of Vicente Fontanilla. The records do not show that said petitioners in the directly defective

Municipality. Under the doctrine of respondent superior, petitioner is responsible or liable for the

negligence of its agent acting within his assigned tasks. The Municipality stands on the same footing as an ordinary private

participated

construction of the "zarzuela" stage or that they personally permitted spectators to go up the platform.

corporation with the municipal council acting as its board of directors. It is

LIABILITY

BY

EXPRESS PROVISION

OF

LAW

AND CONTRACTS

Art 34 and 2189, Civil Code Art. 34. When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be

suffered by, any person by reason of the defective condition of roads, streets, bridges, public buildings, and other public works under their control or supervision. (n) City of Manila v. Teotico On January 27, 1958, at about 8:00 p.m., Genaro N. Teotico fell inside an uncovered and unlighted catchbasin or manhole on P. Burgos Avenue as he was stepping down from the curb to board a jeepney . Due to the fall, his head hit the rim of the manhole breaking his eyeglasses and causing

subsidiarily responsible therefor. The civil action herein recognized shall be independent of any criminal

proceedings, and a preponderance of evidence shall suffice to support such action. Art. 2189. municipalities Provinces, cities and shall be liable for

broken pieces thereof to pierce his left eyelid. Several persons came to his assistance and pulled him out of

damages for the death of, or injuries

the manhole. One of them brought Teotico to the Philippine General Hospital, where his injuries were treated, after which he was taken home. In addition to the lacerated wound in his left upper eyelid, Teotico suffered contusions on

of Manila dismissed the complaint. On appeal taken by plaintiff, this decision was affirmed by the Court of Appeals, except insofar as the City of Manila is concerned, which was sentenced Teotico. WON Section 4 of Republic Act No. 409 (Charter of the City of Manila) or Article 2189 of the Civil Code is applicable to the present case. Held: Article 2189 of the Civil Code Section 4 of Republic Act No. 409 to pay damages to

different parts of his body. These injuries and the allergic eruptions caused by anti-tetanus injections administered to him in the hospital required further medical treatment by a private practitioner. Teotico filed with the Court of First Instance of Manila a complaint which was subsequently amended for damages against the City of Manila, its mayor, city engineer, city health officer, city treasurer and chief of police. The Court of First Instance

(Charter of the City of Manila) reads: "The city shall not be liable or held for damages or injuries to persons or property arising from the failure of the Mayor, the Municipal Board, or any other city officer, to enforce the

provisions of this chapter, or any other law or ordinance, or from negligence of said Mayor, Municipal Board, or other officers while

Civil Code a general legislation; but, as regards the subject- matter of the provisions above quoted, Section 4 of Republic Act 409 establishes a

enforcing or attempting to enforce said provisions." While Article 2189 of the Civil Code of the Philippines provides: "Provinces, cities and municipalities shall be liable for damages for the death of, or injuries suffered by, any person by reason of the defective condition of roads, streets, bridges, public buildings, and other public works under their control or

general rule regulating the liability of the City of Manila for "damages or injury to persons or property arising from the failure of" city officers "to enforce the provisions of" said Act "or any other law or ordinance, or from negligence" of the city "Mayor,

Municipal Board, or other officers while enforcing or attempting to enforce said provisions." Upon the other hand, Article 2189 of the Civil Code constitutes a particular

supervision." It is true that, insofar as its territorial application is concerned, Republic Act No. 409 is a special law and the

prescription making "provinces, cities and municipalities . . . liable for damages for the death of, or injury suffered by, any person by reason"

 specifically "of the defective condition of roads, streets, bridges, public buildings, and other public works under their control or

said article requires is that the province, city or municipality have either "control or supervision" over said street or road. Even if P. Burgos avenue were, therefore, a national highway, this circumstance would not necessarily detract from its "control or supervision" by the City of Manila, under Republic Act 409. The determination of whether or not P. Burgos Avenue is under the control or supervision of the City of Manila and whether the latter is guilty of negligence, in connection with the maintenance of said road, which were decided by the Court of Appeals in the affirmative, is one of fact, and the findings of said Court, thereon are not subject to review by the Supreme Court.

supervision." In other words, said section 4 refers to liability arising from negligence, in general,

regardless of the object thereof, whereas Article 2189 governs liability due to "defective streets, "in

particular. Since the present action is based upon the alleged defective condition of a road, said Article 2189 is decisive thereon. Under Article 2189 of the Civil Code, it is not necessary for the liability therein established to attach that the defective roads or streets belong to the province, city or municipality from which responsibility is exacted. What

Abella v. Municipality of Naga This is an appeal from a judgment of the Court of Sur First Instance of the

allowed by the defendant municipality of Naga along the sidewalk of plaintiff's property and abutting to said property, facing P. Prieto Street, and extending out in the middle of the same street, hence depriving the plaintiff's property of access to said street, and consequently retarding her reconstructions. by WON appellant municipality of Naga is liable for damages to Abella. Held: Yes

Camarines

sentencing

municipality of Naga, now Naga City, to pay the plaintiff, now appellee, P300 damages resulting from the closing of a municipal street. The defendant municipality

resolution ordered the closing of that part of a municipal street which ran between the public market and the plaintiff's property, and used the closed thoroughfare to expand the market. As a consequence of this resolution, and immediately after the passage of the same, permanent, semi-permanent, temporary as well as were

The municipality or city of Naga was not charged with any unlawful act, or with acting without authority, or with invasion of plaintiff's property rights; the basis of the lower court's decision is Section 2246 of the Revised Administrative Code which provides that no municipal road, street, etc. or

constructions

any part thereof "shall be closed without indemnifying any person

affected by the conversion of P. Prieto Street into a market. Statutory obligations: for Health

prejudiced thereby." That plaintiff is was economically in the

Magna Workers

Carta

damaged

admitted

stipulation of facts and it is not disputed that the indemnity assessed is within the bounds of the damages suffered. As a matter of fact, the damages awarded seem to be

See attachments Credit financing: Sec 297 302

nominal judged by the description of the plaintiff's interests adversely

SATISFYING/EXECUTING JUDGMENT AGAINST MUNICIPAL CORPORATIONS Tan Toco v. Municipal for street widening. Iloilo CFI decided in favor of Tan Toco. Judgment upheld by SC. Due to lack of funds, the municipality was unable to satisfy the judgment. Tan Toco had a writ of execution issue against the property

Council of Iloilo Vda. de Tan Toco sued the municipal council of Iloilo for P42,966.40, the purchase price of two strips of land, which the municipality appropriated

of

the

municipality.

The

sheriff

governing property of the public domain of the State is applicable to property for public use of the

attached two auto trucks used for street sprinkling, one police patrol automobile, police stations, and lots and concrete structures therein used as markets. The provincial fiscal of Iloilo filed a motion with the CFI praying that the attachment on the said property be dissolved since the said attachment was null and void as being illegal and violative of the rights of the municipality. CFI granted the motion. WON the abovementioned property of the municipality may be attached. HELD: No.

municipalities. Hence, property for public use of the municipality is not within the commerce of man so long as it is used by the public and, consequently, said property is also inalienable and exempt from

attachment and execution. Rationale for the rule: The character of the public use to which such kind of property is devoted. The necessity for government service justifies that the property of public use of the municipality execution Municipality of Makati v. CA No citation be exempt from

The Civil Code divides the property of provinces and municipalities into property for public use and

patrimonial property. The principle

Pasay City Government v. CFI V.D. Isip, Sons & Associates entered into a contract with (Contract Pasay of City

Isip

filed

an

action

for

specific

performance with damages against Pasay City before CFI Manila. The parties arrived at an amicable

Agreement)

agreement which was submitted to the Municipal Board of Pasay City for its consideration. The Municipal

(represented by then Mayor Pablo Cuneta) for the construction of a new city hall. Isip proceeded with the construction of the new city hall building as per duly approved plans and specifications and accomplished under various stages of construction the amount of work (including

Board then enacted Ordinance No. 1012 which approved the

Compromise Agreement and also authorized and empowered then

incumbent City Mayor Jovito Claudio to represent the city government. The court approved the compromise

supplies and materials) equivalent to an estimated value of P1,713,096 of the total contract price of

agreement. Isip then filed an urgent motion seeking a declaration of legality of the original contract and compromise agreement. Motion

P4,914,500.80. Pasay City paid only P1,100,000, leaving a balance of P613,096.

granted. An application for and notice of garnishment were made and

effected upon the funds of the city government with the PNB. Pasay City filed an urgent motion to set aside the abovementioned order and to quash the writ of execution issued on the following grounds: (1) that the execution sought was then still premature, the period of 90 days stipulated not having elapsed as yet; (2) that the obligations of the parties under the Compromise Agreement were reciprocal and isip not having put up a new performance bond in the sufficient amount equivalent to 20% of the remaining cost of

general funds, especially more so, the trust funds of the Pasay City. Motion denied. WON Pasay City government funds in PNB may be garnished to effect the compromise agreement. HELD: A compromise Yes. agreement not

contrary to law, public order, public policy, morals or good customs is a valid contract which is the law between the parties themselves. A judgment on a compromise is a final and executory. It is immediately executory in the absence of a motion to set the same aside on the ground of fraud, mistake or duress. The general rule is that all

construction as per agreement, the Pasay City cannot be obliged to pay the sum due as yet; (3) that the Sheriff has no power or authority to levy or garnish on execution the

government funds deposited with the

PNB by any agency or instrumentality of the government, whether by way of general or special deposit, remain government funds and may not be subject to garnishment or levy

processes of the law; and it is for the legislature to provide for the payment in such manner as sees fit." Municipality of Paoay,

Ilocos Norte v. Manaois Manaois obtained a judgment against Paoay. CFI Pangasinan issued a writ

(Commissioner of Public Highways v San Diego). However, an ordinance has already been enacted expressly appropriating the amount of P613,096.00 of

of execution against the municipality. The Provincial Sheriff of Ilocos Norte levied upon and attached the

payment to Isip. Hence, the case is covered by the exception to the general rule stated in the case of Republic v. Palacio: "Judgments

following properties: (1) an amount of P1,712.01 in the Municipal Treasury of Paoay representing the rental paid by Tabije of a fishery lot belonging to the municipality, and; (2) about forty fishery lots leased to thirty-five

against a State in cases where it has consented to be sued, generally operate establish absence merely to liquidate claim in and the

different persons by the municipality. The municipality asked for the

plaintiff's of

express

provision;

dissolution of the attachment since they are properties for public use.

otherwise they cannot be enforced by

WON the properties can be levied Held: As to the fishery lots, NO. As to the revenues, YES. Properties for public use like trucks used for sprinkling the streets, police patrol wagons, police stations, public

created, and that to subject said properties and public funds to

execution would materially impede, even defeat and in some instances destroy said purpose (Vda. de Tan Toco v. Municipal Council of Iloilo). Property, however, which is

markets, together with the land on which they stand held by municipal corporations are not subject to levy and execution. Even public revenues of municipal corporations destined for the expenses of the municipality are also exempt from the execution. The reason behind this exemption

patrimonial and which is held by municipality in its proprietary capacity is the private asset of the town and may be levied upon and sold under an ordinary execution. The same rule applies to municipal funds derived from patrimonial properties. The fishery or municipal waters of the town of Paoay, Ilocos Norte, which had been parceled out or divided into lots and later let out to private persons for fishing purposes at an annual rental are not subject to

extended to properties for public use, and public municipal revenues is that they are held in trust for the people, intended and used for the

accomplishment of the purposes for which municipal corporations are

execution. They do not belong to the municipality. They may well be

government, and hence are not indispensable for the performance of governmental functions. They are also not definite or fixed; it depends upon the amounts which prospective bidders or lessees are willing to pay. This activity of municipalities in

regarded as property of State. What the municipality of Paoay hold is merely what may be considered the usufruct or the right to use said municipal waters, which is not also subject to execution. But the revenue or income coming from the renting of these fishery lots is subject to execution. from Unlike taxes,

renting municipal waters for fishing purposes is a business for the reasons that the law itself allowed said municipalities to engage in it for profit. And it is but just that a town so engaged should pay and liquidate obligations contracted in connection with said fishing business, with the income derived therefrom.

revenue

derived

municipal licenses and market fees, revenue from rentals were granted by the Legislature merely to help or bolster up the economy of municipal

PENAL PROVISIONS

AND

REPEALING CLAUSE (b) Public officer or employee who

Sec. 511. Posting and Publication of Ordinances with Penal Sanctions. (a) Ordinances with penal sanctions shall be posted at prominent places in the provincial capitol, city,

violates an ordinance may be meted administrative disciplinary action,

without prejudice to the filing of the appropriate civil or criminal action. (c) The secretary to the sanggunian concerned shall transmit official

municipal or barangay hall, as the case may be, for a minimum period of three (3) consecutive weeks. Such ordinances shall also be published in a newspaper of general circulation, where available, within the territorial jurisdiction of the local government unit concerned, except in the case of barangay otherwise ordinances. provided Unless said

copies of such ordinances to the chief executive officer of the Official Gazette within seven (7) days

following the approval of the said ordinance for publication purposes. The Official Gazette may publish ordinances with penal sanctions for archival and reference purposes. Sec. 512. Accorded Withholding of Benefits to Barangay Officials.

therein,

ordinances shall take effect on the day following its publication, or at the end of the period of posting,

whichever occurs later.

Willful and malicious withholding of

any of the benefits accorded to barangay officials under Section 393 hereof shall be punished with

publish

said

itemization

in

newspaper of general circulation, where available, in the territorial jurisdiction of such unit, shall be punished by a fine not exceeding Five hundred pesos (P500.00) or by

suspension or dismissal from office of the official or employee responsible therefor. Sec. 513. Publish the Failure to Post and Itemized and Monthly

imprisonment not exceeding one (1) month, or both such fine and

Collections

Disbursements.

imprisonment, at the discretion of the court. Sec. 514. Engaging in Prohibited

Failure by the local treasurer or the local chief accountant to post the itemized monthly collections of the and local

Business Transactions or Possessing Illegal Pecuniary Interest. Any local official and any person or persons dealing with him who violate the prohibitions provided in Section 89 of Book I hereof, shall be punished with imprisonment for six (6) months and one day to six (6) years, or a fine of not less than Three thousand pesos

disbursements

government unit concerned within ten (10) days following the end of every month and for at least two (2) consecutive weeks at prominent

places in the main office building of the local government unit concerned, its plaza and main street, and to

(P3,000.00)

nor

more

than

Ten

willful failure to appear, shall be reflected in the records of the lupon secretary or in the minutes of the pangkat secretary and shall bar the complainant who fails to appear, from seeking judicial recourse for the same cause of action, and the respondent who refuses to appear from filing any counterclaim arising out of, or necessarily connected with the complaint. A pangkat member who serves as such shall be entitled to an

thousand pesos (P10,000.00), or both such imprisonment and fine, at the discretion of the court. Sec. 515. Refusal or Failure of Any

Party or Witness to Appear before the Lupon or Pangkat. Refusal or

willful failure of any party or witness to appear in before the lupon with or a

pangkat

compliance

summons issued pursuant to the provisions on the Katarungang

Pambarangay under Chapter 7, Title One of Book III of this Code may be punished by the city or municipal court as for indirect contempt of court upon application filed therewith by the lupon chairman, the pangkat chairman, or by any of the

honorarium, the amount of which is to be determined by the sanggunian concerned, subject to the provisions in this Code cited above. Sec. 516. Penalties for Violation of

Tax Ordinances. The sanggunian of a local government unit is authorized

contending parties. Such refusal or

to prescribe fines or other penalties for violation of tax ordinances but in no case shall such fines be less than One thousand pesos (P1,000.00) nor more than Five thousand pesos (P5,000.00), nor shall imprisonment be less than one (1) month nor more than six (6) months. Such fine or other penalty, or both, shall be imposed at the discretion of the court. The sangguniang barangay may

or who intentionally omits from the assessment or tax roll any real property which he knows to be taxable, or who willfully or negligently underassesses any real property, or who intentionally violates or fail to perform any duty imposed upon him by law relating to the assessment of taxable real property shall, upon conviction, be punished by a fine of not less than One thousand pesos (P1,000.00) nor more than Five thousand pesos (P5,000.00), or by imprisonment of not less than one (1) month nor more than six (6) months, or both such fine and imprisonment, at the discretion of the court. The same penalty be imposed any officer charged with the duty of collecting the tax due on real property

prescribe a fine of not less than One hundred pesos (P100.00) nor more than One thousand pesos

(P1,000.00). Sec. 517. Omission of Property from Assessment or Tax Rolls by Officers and Other Acts. Any officer charged with the duty of assessing real property who willfully fails to assess,

who willfully or negligently fails to collect the tax and institute the necessary proceedings for the

Property and Assessment Appeals. Any government official who

intentionally and deliberately delays the assessment of real property or the filing of any appeal against its assessment shall, upon conviction, be punished by a fine of not less than Five hundred pesos (P500.00) nor more than Five thousand pesos (P5,000.00), or by imprisonment of not less than one (1) month nor more than six (6) months, or both such fine and imprisonment, at the discretion of the court. Sec. 519. Failure to Dispose of

collection of the same. Any other officer required by this Code to perform acts relating to the administration of the real property tax or to assist the assessor or treasurer in such administration, who willfully fails to discharge such duties shall, upon conviction be punished by a fine of not less than Five hundred pesos (P500.00) nor more than Five thousand pesos (P5,000.00) or

imprisonment of not less than one (1) month nor more than six (6) months, or both such fine and imprisonment, at the discretion of the court. Sec. 518. Delaying Government Agents Assessment of Real

Delinquent Real Property at Public Auction. The local treasurer

concerned who fails to dispose of delinquent real property at public auction in compliance with the

pertinent provisions of this Code, and any other local government official whose acts hinder the prompt

of consanguinity or affinity, to enter into or have any pecuniary interest in any contract for the construction, acquisition, operation, or

disposition of delinquent real property at public auction shall, upon

maintenance of any project awarded pursuant to the provisions of Title Four in Book II hereof, or for the procurement of any supplies,

conviction, be subject to a fine of not less than One thousand pesos

(P1,000.00) nor more than Five thousand pesos (P5,000.00), or

materials, or equipment of any kind to be used in the said project. Any person convicted for violation of the provisions of said Title shall be removed from office and shall be punished by imprisonment of not less than one (1) month, nor more than two (2) years, at the discretion of the court, without prejudice to

imprisonment of not less than one (1) month nor more than six (6) months, or both such fine and imprisonment at the discretion of the court. Sec. 520. Prohibited Acts Related to the Award of Contracts Under the Provisions on Credit Financing. It

shall be unlawful for any public official or employee in the provincial, city, or municipal government, or their relatives within the fourth civil degree

prosecution under other laws.