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Amusin S C A r y

gly
THE C2005 LOCAL GOVERNMENT REVIEWER -1-
Control Number: C2005-

OBIT ER
The Control Number is to ensure that no illegal copies were
made; illegal copies meaning copies reprinted without
permission from the APOCRYPHAL MAGGOTS.

The APOCRYPHAL MAGGOTS has always endeavored to


make readable (short) yet substantial weekly digests. This
is also our aim for the reviewer. We are making it as short
(and substantial) as possible since (1) this is a reviewer,
not a compilation; and (2) we are assuming that you’ve
read throughout the semester; hence this is just to refresh
your memories. We also included class notes and sample
exams. Class notes are represented by  or in text boxes
while sample exams are at the end of the reviewer. We
added some irreverent material whenever necessary.
The Apocryphal Maggots:
TABLE OF CONTENTS The boys (from left) Chrisgel, Rainier and Geoffry
Part I: Introduction ……………………… The girls (from left): Corina Grace and Sylvie
Blanche
….. 1
Part II: Book 1 General Provisions ……
……. 16 Par t I: Int roduc tion : History and
A. Policy and Application ……… Basic Conc epts
……16
Bas ic L aw s
B. General Power and Attributes
……19 1987 Constitution
Part II: Book 2 Local Taxation ………… ARTICLE X: LOCAL GOVERNMENT

…….202 GENERAL PROVISIONS


Part III: Local Government Units ………
……244 Sec1. The territorial and political subdivisions of the Republic of
the Philippines are the provinces, cities, municipalities, and
Part IV: Miscellaneous and Final barangays. There shall be autonomous regions in Muslim
Provisions ..283 Mindanao and the Cordilleras as hereinafter provided.
Sample Exams ………………………………… Sec2. The territorial and political subdivisions shall enjoy local
306 autonomy.

Sec3. The Congress shall enact a local government code which


shall provide for a more responsive and 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, responsibilities, and resources, and provide
for 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 the
local units.

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER -2-
Sec4. The President of the Philippines shall exercise general for purposes commonly beneficial to them in accordance with
supervision over local governments. Provinces with respect to law.
component cities and municipalities, and cities and
municipalities with respect to component barangays, shall Sec14. The President shall provide for regional development
ensure that the acts of their component units are within the councils or other similar bodies composed of local government
scope of their prescribed powers and functions. officials, regional heads of departments and other government
offices, and representatives from non-governmental
Sec5. Each local government unit shall have the power to create organizations within the regions for purposes of administrative
its own sources of revenues and to levy taxes, fees and charges decentralization to strengthen the autonomy of the units therein
subject to such guidelines and limitations as the Congress may and to accelerate the economic and social growth and
provide, consistent with the basic policy of local autonomy. Such development of the units in the region.
taxes, fees, and charges shall accrue exclusively to the local
governments. AUTONOMOUS REGIONS

Sec6. Local government units shall have a just share, as Sec15. There shall be created autonomous regions in Muslim
determined by law, in the national taxes which shall be Mindanao and in the Cordilleras consisting of provinces, cities,
automatically released to them. municipalities, and geographical areas sharing common and
distinctive historical and cultural heritage, economic and social
Sec7. Local governments shall be entitled to an equitable share in structures, and other relevant characteristics within the
the proceeds of the utilization and development of the national framework of this Constitution and the national sovereignty as
wealth within their respective areas, in the manner provided by well as territorial integrity of the Republic of the Philippines.
law, including sharing the same with the inhabitants by way of
direct benefits. Sec16. The President shall exercise general supervision over
autonomous regions to ensure that laws are faithfully executed.
Sec8. The term of office of elective local officials, except barangay
officials, which shall be determined by law, shall be three years Sec17. All powers, functions, and responsibilities not granted by
and no such official shall serve for more than three consecutive this Constitution or by law to the autonomous regions shall be
terms. Voluntary renunciation of the office for any length of time vested in the National Government.
shall not be considered as an interruption in the continuity of his
service for the full term for which he was elected. Sec18. The Congress shall enact an organic act for each
autonomous region with the assistance and participation of the
Sec9. Legislative bodies of local governments shall have sectoral regional consultative commission composed of representatives
representation as may be prescribed by law. appointed by the President from a list of nominees from multi-
sectoral bodies. The organic act shall define the basic structure
Sec10. No province, city, municipality, or barangay may be of government for the region consisting of the executive
created, divided, merged, abolished, or its boundary department and legislative assembly, both of which shall be
substantially altered, except in accordance with the criteria elective and representative of the constituent political units. The
established in the local government code and subject to organic acts shall likewise provide for special courts with
approval by a majority of the votes cast in a plebiscite in the personal, family, and property law jurisdiction consistent with the
political units directly affected. provisions of this Constitution and national laws.

Sec11. The Congress may, by law, create special metropolitan The creation of the autonomous region shall be effective when
political subdivisions, subject to a plebiscite as set forth in approved by majority of the votes cast by the constituent units in
Section 10 hereof. The component cities and municipalities shall a plebiscite called for the purpose, provided that only provinces,
retain their basic autonomy and shall be entitled to their own cities, and geographic areas voting favorably in such plebiscite
local executive and legislative assemblies. The jurisdiction of the shall be included in the autonomous region.
metropolitan authority that will thereby be created shall be
limited to basic services requiring coordination. Sec19. The first Congress elected under this Constitution shall,
within eighteen months from the time of organization of both
Sec12. Cities that are highly urbanized, as determined by law, and Houses, pass the organic acts for the autonomous regions in
component cities whose charters prohibit their voters from Muslim Mindanao and the Cordilleras.
voting for provincial elective officials, shall be independent of the
province. The voters of component cities within a province, Sec20. Within its territorial jurisdiction and subject to the provisions
whose charters contain no such prohibition, shall not be of this Constitution and national laws, the organic act of
deprived of their right to vote for elective provincial officials. autonomous regions shall provide for legislative powers over:
1. Administrative organization;
Sec13. Local government units may group themselves, 2. Creation of sources of revenues;
consolidate or coordinate their efforts, services, and resources 3. Ancestral domain and natural resources;

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER -3-
4. Personal, family, and property relations; of local autonomy and monitor compliance thereof by said
5. Regional urban and rural planning development; units;
6. Economic, social, and tourism development; (3) Provide assistance in the preparation of national legislation
7. Educational policies; affecting local government units;
8. Preservation and development of the cultural heritage; and (4) Establish and prescribe plans, policies, programs and
9. Such other matters as may be authorized by law for the projects to strengthen the administrative, technical and
promotion of the general welfare of the people of the fiscal capabilities of local government offices and
region. personnel;
(5) Formulate and implement policies, plans, programs and
Sec21. The preservation of peace and order within the regions projects to meet national and local emergencies arising
shall be the responsibility of the local police agencies which from natural and man-made disasters; and
shall be organized, maintained, supervised, and utilized in (6) Perform such other functions as may be provided by law.
accordance with applicable laws. The defense and security of
the regions shall be the responsibility of the National Sec4. Organizational Structure.
Government.
Chapter 2 DEPARTMENT PROPER

Sec5. Office of the Secretary. - The Office of the Secretary shall


A passage from Teresa of Avila’s Conceptions of the Love of God: consist of the Secretary and his immediate staff.
Sec6. Undersecretaries and Assistant Secretaries -
But when this most wealthy Spouse desires to enrich and
Chapter 3 DEPARTMENT SERVICES
comfort the Bride still more, He draws her so closely to Him that
she is like one who swoons from excess of pleasure and joy and Sec7. Planning Service. -
seems suspended in those Divine arms and drawn near to that Sec8. Financial and Management Service. -
sacred side and to those Divine breasts. Sustained by that Sec9. Legal Service. –
Divine milk with which her Spouse continually nourishes her Sec10. Administrative Service. -
and growing in grace so that she may be enabled to receive His Sec11. Electronic Data Processing Service. -
comforts, she can do nothing but rejoice… With what to
compares this [the soul] known not, save to the caress of a
mother who so dearly loves her child and feeds and caresses it. Chapter 4 BUREAUS AND OFFICES

Sec12. Bureau of Local Government Supervision.


Sec13. Bureau of Local Government Development.
ADMINISTRATIVE CODE OF 1987, TitleXII Sec14. Office of Public Affairs.
LOCAL GOVERNMENT Sec15. Local Government Academy. -
Sec16. National Barangay Operations Office. -
Chapter 1 GENERAL PROVISIONS Sec17. Office of Project Development Services.

Sec1. Declaration of Policy. – The State shall: Chapter 5 REGIONAL AND FIELD OFFICES
(1) ensure the autonomy of local governments by providing a
more responsive and accountable local government Sec18. Regional and Field Offices.
structurethrough a system of decentralization. T
(2) guarantee LGUs their just share in national taxes and their Chapter 6 LEAGUES OF PROVINCES, CITIES AND
equitable share in proceeds from the use of natural MUNICIPALITIES
resources, and afford them a wider latitude for resources
generation. Sec19. Leagues of Provinces, Cities and Municipalities

Sec2. Mandate
Sec3. Powers and Functions of Department. - To accomplish its
mandate, the Department shall: RA 6975: An Act Establishing The Philippine National Police
(1) Advise the President on the promulgation of policies, rules, Under A Reorganized Department Of The Interior And
regulations and other issuances relative to the general Local Government, And For Other Purposes
supervision of local government units;
(2) Establish and prescribe rules, regulations and other
CHAPTER I: The Department Of The Interior And Local
issuances and implementing laws on the general
Government
supervision of local government units and on the promotion

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER -4-
Sec4. The Department of the Interior and Local Government. — … In times of national emergency, all elements of the PNP, the
the Department of Local Government is hereby reorganized into Bureau of Fire Protection, and the Bureau of Jail Management
the Department of the Interior and Local Government, … in and Penology shall, upon direction of the President, assist the
accordance with the provisions of this Act. Armed Forces of the Philippines in meeting the national
emergency.
Sec5. Powers and Functions of the Department. — … the
Department shall continue to exercise the powers and functions The complementary relationship between the Department of the
of the Department of Local Government in addition to the Interior and Local Government and the Department of National
powers and functions as herein provided. Defense in any of the preceding eventualities shall be jointly
prescribed by their respective Secretaries in a memorandum of
Sec6. Organization. — agreement that shall thereafter be published and implemented.
Sec7. Department Proper. — 1 Sec, 2 USecs and 3 Asst Secs

Sec8. Head of Department. —


Sec9. General Powers, Term of Office and Compensation of the RA 8551: An Act Providing For The Reform And
Secretary. — The authority and responsibility for the exercise … Reorganization Of The Philippine National Police And For
shall be vested in the Secretary, who shall hold office at the Other Purposes, Amending Certain Provisions Of RA6975
pleasure of the President…

Sec10. Specific Powers and Functions of the Secretary. —


(a) Prepare and submit periodic reports, including a Quarterly Renaissance journalist and hip porn-purveyor Aretino writes:
Anti-Crime Operations Report and such other reports as the
President and Congress may require; “What harm is there in seeing a man mounting a woman?
(b) Act as Chairman and Presiding Officer of the National Police Should beasts, then, be free-er than we are? We should wear
Commission; and that thing nature gave us for the preservation of the species on a
(c) Delegate authority to exercise any substantive or chain around our necks or as a medal on our hats; for that is the
administrative function to the members of the National Police fountain rivers of human beings come forth from… That thing
Commission or other officers of rank within the Department. made you… it created me, and I am better than bread. It
produced the Bembos, the Molzas, the Varchis, the Ugolin
Sec11. Regional Offices. — The Department shall establish, Martellis… the Titans, and the Michelangelos, and after them
operate and maintain a regional office in each of the
the Popes, emperors, and kings. It generated handsome boys
administrative regions of the country to implement the policies
and beautiful women with their ‘holy of holies.’ We should
and programs of the Department…
celebrate all this by establishing special holy days and festivities
Sec12. Relationship of the Department with the Department of in its honor rather than confining it in a small piece of cloth or
National Defense. — During a period of twenty-four (24) months silk. Men’s hands might be well hidden since they gamble
from the effectivity of this Act, the Armed Forces of the money, swear oaths, practice usury, make obscene gestures,
Philippines (AFP) shall continue its present role of preserving tear, pull, punch, wound and kill.”
the internal and external security of the State: Provided, That
said period may be extended by the President, if he finds it
justifiable, for another period not exceeding twenty-four (24) Ov er view , H is tor y, A ss es sm en t
months, after which, the Department shall automatically take
over from the AFP the primary role of preserving internal
The Local Government Code
security, leaving to the AFP its primary role of preserving
-Aquilino Pimentel
external security. However, even after the Department has
assumed primary responsibility on matters affecting internal
security, including the suppression of insurgency, and there are Local Government Code of 1991 is the result of the Legislative
serious threats to national security and public order, such as effort to flesh out the mandate embodied in Article X on Local
where insurgents have gained considerable foothold in the Government of the Constitution. It uproots decades of highly
community thereby necessitating the employment of bigger centralized decision making that have deterred the development of
tactical forces and the utilization of higher caliber armaments the country and places upon the local officials a major portion of
and better armored vehicles, the President may, upon the responsibility for the modernization of the local communities.
recommendation of the peace and order council, call upon the Before, plans and funds for development were decided mainly by
Armed Forces of the Philippines to assume the primary role and the central government in Manila and, at times, even the way
the Philippine National Police (PNP) to play the supportive role development projects and programs in the countryside were to be
in the area concerned. implemented would be pre-determined by people manning the
central government

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER -5-
Local Governance and Decentralisation: The Philippine
Experience, Alex B. Brilliantes, Jr Hence, LG’s proposed to DBM to set aside a stabilization fund or
augmentation fund to assist LG that could not afford the devolution
HISTORICAL ACCOUNT AND PRESENT POLITICAL CONTEXT costs at all fronts.

The movement for autonomy has its origins as early as 1898. HB 6346 was proposed which provides that the costs of devolved
Local Governments (LG) were subject to regulation including the services shall be first excluded or deducted from the total IRA
limitation of powers of taxation in order that provincial & municipal allocable to LGU and shall be equitably distributed to them. In
taxation may never be antagonistic to the system of taxation of the 1993, the amount so excluded/deducted shall be the actual cost of
State. devolution. In 1994 onwards, the amount for devolved services
When Americans arrived at start of 20 th Century, centralisation of shall increase/decrease in proportion to the increase/decrease of
the politico-administrative system was effected in order to ensure the total IRA of LGU’s.
the consolidation of powers of the colonialists. Throughout their
stay, there was a shift from “control” over LG by executive dept to B. Political Concerns - pertains to warlordism/ bossism/
“supervision” towards gen direction of some kind of autonomy for refeudalisation, intergovernmental relations, and GO-NGO
LG. From 1959-present, various laws were enacted to provide relations
greater local autonomy.
Then, as now, there is an imperative for a dominant and assertive The issue of decentralization and local autonomy is really
leadership for the consolidation and survival of weak state BUT anchored on power and how it should be dispersed from the center
there is clamor and demand for maximum autonomy from the and how it will be shared among various levels of gov’t.
central gov’t in order to become more responsive to situations
obtaining locally. Since LGCode encourages participation of NGOs. there is a
danger that the term NGO might be construed and abused in its
ISSUES AND CONCERNS broadest and most liberal context resulting in the sprouting of all
kinds of NGO’s, fly-by-night and politician-organised NGO. Some
A. Administrative Concerns – pertain to personnel, financial, see NGO’s as a ‘back door’ to local politics.
organization and management, intergovernmental relations, and
relations with the NGO’s and PO’s and the private sector There is political issue of turf and delineation of sharing of power
among various levels of gov’t (National-Local, Local-local) LGCode
Major concern: ‘administrative capacities’ or absorptive capabilities encourages partnership but problems are inevitable in the process
of LGU to assume various functions and responsibilities that will be of getting to know each other.
devolved to them
Some sectors have attempted to derail the LGCode provision of
Confusion: sectoral representation in the local sanggunian claiming budgetary
The LGCode provides that personnel of national gov’t concerns.
agencies devolved to LG shall be mandatorily absorbed by LG and
they shall not suffer any diminution in pay and rank. CSC released The concern that devolution will lead to warlordism is certainly a
memoranda to this effect. possibility but LGCode process of local autonomy also entails
BUT nationally employed personnel enjoy higher accountability with provisions for recall and initiative.
salaries than locally paid employees.
The DBM circulars prohibited LG from allocating more CONCLUSION
than 45-55% of their budgets for personnel services.
Results: Budget is strained so these contradictions must be The passage of the LGCode, while an answer to the decade-old
reconciled. problem of overcentralisation has brought with it politico-
administrative shocks and stresses upon the LG system.
Second Concern: delivery of basic services at the local level will be
disrupted largely as a result of transition But these problems and stresses are not insurmountable. Support
is needed and can be manifested by:
Because of these concerns, there seemed to be a general
hesitancy among LG esp. poorer LG’s to accept the responsibility a. non-interruption of IRA to LGU
for the delivery of a whole range of basic services. They fear that b. proper allocation of the augmentation fund identified by
they may not be able to financially support the delivery of such the DILG specifically in terms of demonstrating a bias for
services. lower income LGU
c. support for various capability-building efforts of various
Original idea in LGCode: institutions such as those conducted by academic and
Costs of devolution would be charged to IRA of LGU but IRA of nonacademic institutions
LGU is barely sufficient to support the implementation of various d. encouragement of NGO participation in the various
programs & projects that will be absorbed by LG. mechanisms made available to them.

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER -6-
e. Promotion of local accountabilities through the system of - broadening their taxing powers
recall. - providing them with specific share from national wealth
exploited in their area (mining, fishery, forestry charges)
The enactment of LG Code somehow marks the culmination of the - increasing share from national taxes (IRA – internal
struggle of the local institutions. The political will to implement this revenue allotments from 11% to 40%)
code is indispensable. Choices that demonstrate bias for local - increased elbow room to generate revenues from local
autonomy have to be made with central officials and agencies fees and charges
taking secondary role this time. Otherwise, it will remain another 5. Foundation for development and evolution of more
piece of legislation that will follow the well-trodden path to non- entrepreneurial-oriented LGUs – to:
implementation. - enter into B-O-T arrangements with private sector
- float bonds
- obtain loans from private institutions, etc
Local Governments In A Democratizing Polity: Trends And  to encourage them to be “more business-like” and
Prospects Alex Brillantes, Jr. competitive in their operations contradistinguished from
“traditional” government norms and operations
Introduction 6. Legal infrastructure for participation of NGOs and Pos in the
The enactment of a Local Government Code in the Philippines in process of governance by making their membership in local
1991 was the most radical and far reaching policy. The special bodies mandatory (e.g. local development council,
promulgation of the LGC in 1991 was a move welcomed by most local health board, and local school board)  enabling direct
sectors of society, which finally transferred the responsibility for the citizen participation
delivery of basic services to the local government units, including - to promote local accountability and aswerability,
appropriate personnel, assets, equipment, programs and projects. specifically through recall and people’s initiative
There were already historical attempts to decentralize power and provisions
authority to local institution (e.g. enactment of LGC in 1983) but - one mechanism to lead to people empowerment
remained only in paper. - redefinition of notion of governance where it once
refereed mostly to basic and formal structures and
Basic Features of the LGC processes of government, and now recognized key role
1. Radical transformation of the nature of relationship between of the private sector, NGOs and Pos
the national government and the LGUs.
- transfer of fundamental responsibilities and Implementing Devolution
accountabilities - has not been easy because of a number of intervening factors
- increase of financial resources available hampering smooth implementation
- move to encourage active participation of the private 1. simultaneous conduct of legal and national elections in 1992
sector, NGOs and Pos leading to a Phil. contribution in 2. resistance of certain devolved agencies to devolution (mostly
redefining notion of “governance” DOH) and subsequent moves to recentralize health sector as
2. Responsibility for delivery of basic services that earlier were advocated by certain members of Congress
the responsibility of the national government… 3. unequal distribution of financial resources (IRA), as a result of
- health (field health, hospital services and other tertiary a not-so-studied formula among various levels of loc govts.,
services) with cities gaining most, while municipalities and provinces
- social services (social welfare) are not able to afford cost of devolution
- environment (community based forestry projects) 4. “lags” in release of IRA shares of LGUs, hence proposal that
- agriculture (agricultural extension and on-site research) these should be automatically appropriated to LGUs
- public works (funded by local funds) 5. lack of guidelines to define and clarify intergovernmental
- education (school building program) relations (national-local, local-local)
- tourism (facilities, promotion and development) 6. hesitance among NGOs and Pos to participate in local
- telecommunications services and housing projects (for governance due to continuing distrust between government
provinces and cities) sectos
- other services such as investment support 7. general lack of information about LGC
3. Responsibility for enforcement of certain regulatory powers
such as: Devolved Sectors
- reclassification of agricultural lands Health (DOH)
- enforcement of environmental laws Problems encountered – career paths of devolved personnel, non-
- inspection of food products and quarantine absorption by LGUs, lower salaries, lack of adequate and
- enforcement of Nat’l Building Code appropriate medicines, purchasing procedures, late deliveries…
- operation of tricycles Would have been recentralized but bill was vetoed by the
- processing and approval of subdivision plans President upon advice of LGUs and through leadership of DOH.
- establishment of cockpits and holding of cockfights Social Services (DSWD)
4. Increase in available financial resources to LGUs by

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER -7-
As a consequence of devolution of health personnel, LGUs are o Relationship between LGUs and NGOs/Pos
encouraged to appoint a social welfare officer in respective o Clarifying the Roles and Powers of Oversight Committee
localities.
DSWD has devolved substantial programs and projects to LGUs,
and several dep’t orders have been issued to support and Devolution Master Plan
operationalize this devolution process. Phase1: Changeover Phase (92-93) – involved transfer to LGUs of
Environment and Natural Resources(DENR) devolved functions, with corresponding assets and personnel
Selective devolution of forest management, protected areas and Phase2: Transition Phase (94-96) – national government agencies
wildlife, environment management, mines and geosciences (NGAs) and LGUs to institutionalize their adjustments to
management, and land management. decentralized schemes introduced by LGC
Issuance of several dept circulars and implementing guidelines Phase3: Stabilization Phase (97 onwards) – assumed that LGUs
(DAO) but DAO30 clearly shows continuing primacy of DENR in will have built adequate capacities in managing local affairs, and
implementation of DENR functions. Within such context, Pimentel NGAs will provide constant support and technical assistance to
actually proposed that power and authority of LGUs over LGUs
environment should be more specific and even more extensive.
Agriculture Devolution Works: Best Practices at the Local Level
Problems encountered – rejection of regular employees (131) Indications that devolution is working:
because of possible duplication of position/personnel at local level - celebrated cases of abuses by local officials
(administrative non-viability). But before implementation, there - innovativeness and creativity at the local level has been
have been duplication at the provincial level. Some LGUs engendered by the LGC
introduce innovations (appointment of devolved personnel as - NGOs and POs have also been encouraged to be active
provincial coop officer as in Bulacan) to address the problem of participants in the process of governance at the local level
possible duplication and importantly to underscore and implement - Partnerships between various sectors have been developed
a policy thrust to cooperatives.
DOA has prepared various guides and manuals on devolution to - Gantimpalang Panglingkod Pook (Galing Pook Program)
serve as fundamental references for LGUs in the process of where winners are selected based on following criteria: (1)
absorbing devolved agricultural services. effectiveness of service delivery (extent to which program
made good its promise), (2) positive socioeconomic/
The Interagency Oversight Committee environment impact (improvement the program made on the
- constituted to support implementation of LGC life in the community, and how much the community cared for
- includes: LGUs through their respective leagues, Bureau of the environment), (3) promotion of people empowerment
Local Government Finance of DOF, Department of Budget (how many in the community were encouraged to participate
and Management, and DILG in activities meant for the common good), 94) transferability
- would address specific problems encountered in the (likelihood of program’s ability to inspire other communities to
implementation of the Code referred to it (e.g. its ability to successfully adopt it)
respond to devolution-related issues given the realities and o On health services, environmental management, public
constraints of operating as an inter-agency committee with finance, peace initiatives, integrated approach to
practically no full time staff to provide technical support and development, sociocultural development, employment
assistance) generation/livelihood, productivity improvement
- some issues and concerns could already be acted upon o E.g. Taking Care of People and Environment in Negros
without having to wait for committee to meet as a whole (e.g. Oriental (construction of a Community Primary Hospital
transition action teams, resolved by existing issuances, in hinterlands of Negros Oriental with Community Based
policies, circulars, admin and exec orders, directives and Resource Management Approach empowering fisherfolk
guidelines)  issues not settled by transition action teams will to take lead in environment protection), Energizing the
be elevated to oversight committee for resolution Purok in Sampaloc, Quezon (KapitBisig Program),
- entirely possible for it to address issues and concerns that Saving the Mangroves in Kalibo, Aklan (reforestation of
would also help define nat’l-local relations, with emphasis on 50-hec swampland), Saving the Marikina River,
areas recommended for increased nat’l government Transforming Malalag into a Provincial Agro-Industrial
participation in local development Center in Davao del Sur, Acquiring a Complete
- issues mostly pertain to the need to clarify concerns including Equipment Pool in Munoz, Nueva Ecija, Floating Bonds
the powers and latitude of various levels of local for Low Cost Housing in Victorias, Negros Occidental,
governments, classified as: Improving the Productivity in Naga City, Sustaining
o Local Finance/Local Fiscal Administration Development through an Integrated Approach in
Guagua, Pampanga, and Enriching for a Brighter
o Local Legislation/Clarifying the Role/s of the Local
Tomorrow in Bulacan (enriching cultural and historical
Legislative Bodies
heritage of Bulacan)…
o Personnel Administration
o Brought about activities in implementation of capability
o Regulatory Powers of LGUs
building programs for local governments

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER -8-
 Local Government Academty (LGA) shift of The World BANK, Decentralization: Rethinking
methodology and approach to experiential learning Government, in World Development Report 1999/200:
 Lakbay Aral (study visits) Entering the 21st Century 107-124 (1999)

Concluding Statement Thesis: The success of decentralization (DC for brevity) depends
Local governments play a central role in any democratizing polity. on its design.
The local governments’ success and response to the basic needs
of the people is the success of the national government. The success (or failure) of DC affects:
The burden upon the shoulders of the local governments is indeed
heavy. This should tell the national government to extend as much 1. Political Stability
support to local governments in order for them to be more  When a country is divided along geographic or ethnic
responsive to the needs of the people. lines, DC provides an institutional mechanism for
While implementation may not be a smashing success, it is not a bringing opposition groups into a formal rule-bound
failure either. Significant inroads have been made in the devolution bargaining process (ex. South Africa and Uganda)
process to deconstruct the highly centralized institutions and
processes that have long characterized the Philippine politico- 2.Public Service Performance
administrative system. Arguments for DC...
- Local institutions and processes have been set in place  DC increases efficiency and responsiveness of gov’t
- Master Plan provides guideposts and milestones to ensure because...
sustained and progressive implementation of LGC  local elected leaders know their constituents better than
- Oversight Committee promises to be vigorously involved nat’l authorities
The support of various concerned agencies to increase LGUs
 physical proximity makes it easier for citizens to hold local
absorptive capacities, through preparation of guidelines, manuals
officials accountable for performance
for devolution, and even developing various capability building
programs with appropriate institution also augurs well for
devolution.  DC creates competition among local govts (LG for
Increasing the financial resources of LGUs still play a very brevity) to better satisfy citizen’s needs if population is
important and critical role where IRA is a major source. mobile.
- Proposals to reconfigure IRA distribution formula to eliminate
bias in favor of cities and conversely against provinces and ...but supporting evidence is scanty because the causal
municipalities should be seriously considered relationships are difficult to prove since...
- Pending bills in Congress to amend Code that would initially  Govt’s perform various functions under various
subtract cost of devolution before computing IRA share of circumstances
LGUs  efficiency and responsiveness can be hard to measure
 role of central government in distributing and redistributing
wealth and resources to favor the less endowed LGUs. Thus, how DC affects access and quality of public service
There are also various innovations to increase and stretch local depends on the way it is designed and implemented. What LG can
resources. achieve depend on resources and responsibilities they are given
- granting by LGC provisions of relatively broader taxing and the power of National Governments (NG for brevity) to
powers to LGUs override LG decisions.
- creative use by LGUs of powers available to them
o revenue generation strategies such as B-O-T method to 3. Equity
build public markets and facilities Whether or not DC exacerbates income differences depends on 2
o flotation of bonds to finance construction of public factors:
housing
 Devolution and Local Autonomy is all about: unleashing the
1) Horizontal equity – the LGs capacity to generate
creative powers and resources at the local level towards the funds so as to be able to deliver an equivalent level
general objective of developing self-reliance and lessen of services to their population.
dependence upon the central government (has been one reason  As the cost of providing public service vary, most
for the state of underdevelopment of local government units in the decentralized fiscal systems include equalization grants.
Philippines) A difficulty with these grants is that LG may differ in their
willingness to raise taxes. Further, the grants create an
Local government units in the Phils are undergoing fundamental incentive for LG to understate their tax bases or relative
structural and ideological transformation as a result of devolution, wealth in order to maximize transfers.
which may be better appreciated if placed within the proper
context. 2) Within-state equity – the LGs willingness to
redistribute income w/in its borders

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER -9-
 In most countries, income inequality is due more to make it in the interest of the LG and NG to cooperate with each
differences among individuals w/in a province than other.
among the provinces. Thus, even dramatic redistribution
across regions will have limited results unless targeting  Moderating regional influence on the NG
is improved within regions themselves. This, in turn, Such influence is dependent on 2 factors:
depends on the ability and willingness of LG to engage 1.
the way regional interests are incorporated
in redistribution, because studies show local officials and
in the national legislature w/c determines a
community groups are better placed to identify and
LG’s ability to pressure the NG to change the
reach the poor than the NG. Studies also show that LG
rules
differ in their responsiveness to the needs of the poor.
electoral arrangements matter
Thus, the success in targeting the poor requires a 2. strength of the national executive which
combination of national and subnational efforts. influences the NG ability to withstand such
Generally, the bulk of the funding needs to remain a NG pressure
responsibility, but the better information available to local depends on:
officials can be tapped by involving LG in the delivery a) the strength of the chief executive and
and management of social services. But NG needs to whether a clear majority emerges in
retain a monitoring role to ensure that redistributive parliament; and
goals are satisfied. b) the electoral system

4. Macroeconomic stability  Creating incentives for NG and LG to cooperate


 Fiscal DC reduces the NG control over public resources. Political parties play a crucial and often underestimated role in this
Deficit spending by LG can also thwart NG efforts to cool process (ex. US and Germany vs Canada).
the economy by restraining public expenditure.
 When revenues are decentralized before expenditure Institutions can be designed to promote a commonality of interests.
responsibilities, NG are forced to maintain spending The electoral system and the resulting party structure determine
level w/in a smaller resource base, resulting in large NG the degree to w/c the political system is nationally integrated.
deficits. By separating taxing and spending powers LG
incurs only a fraction of the political and financial costs of Note, there is no single best way to divide national political power
their expenditure. between NG and LG. Nor can single const’l provision ensure that
that NG and LG elites will find it in their interest to cooperate. But
From centralized to decentralized governance whatever the system is adopted, it must not make the NG a
prisoner of LG interests.
A decentralization program must adapt to the country’s prevailing
conditions; however experience yields some universal lessons b) The structure, functions and resources of LGs
such as:
 the need for a coherent set of rules to replace the hierarchical Structure and functions
system of governance. Fiscal Federalist framework and its practical
limits
A major challenge to DC is to instutionalize the balance of power
between the NG and LG. To weather this challenge, oral or written This traditional approach calls for a LG structure with several
rules must both protect and limit the rights of LG. Making these tiers, with each tier delivering those services that provide
rules explicit and reasonably permanent reduces uncertainty benefits or those residing in the jurisdiction.
and provides a common ground for all players in the political
process. To be sustainable, it must be “self-enforcing”-all parties This model identifies 3 roles for the public sector:
must believe they have more to gain by adhering to the rules than macroeconomic stabilization, income redistribution and
by breaking them. resource allocation [in case of market failure]. The model
assigns the stabilization role to the NG because it controls
3 Major categories/sets of Rules: monetary policy and has more scope to use fiscal policy than
LG. It also assigns income redistribution to NG since local
a) Balancing political power between attempts would result in inefficient population movements. The
central and local interests model assigns a significant role to LGs in allocating resources
because local politics can approximate the efficiencies of a
Since the rules governing the LG and NG are almost always market in the allocation of local public services.
established generally by the NG, the balance between them is
dependent on the influence of regional interests on the NG. The Recent literature has recognized that while the NG should
stability of such balance hinges on the designs of institutions that continue funding and designing redistribution efforts, LG are

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 10 -
often in a good position to implement and administer in the price of goods. Overall subnational taxes are seldom a large
standardized national policies. share of subnational revenues although there is scope in improving
local revenue collection.
2 practical obstacles: 1) in developing countries where land
and labor markets may not function well and the democratic The role of transfers
tradition is in its infancy, it is unrealistic to assume that people Their design is a critical factor in DC.
can move easily between jurisdictions or make their voices Transfers are needed to fund services LG provides on behalf of the
heard; 2) establishing separate tiers of service is costly and NG while local revenues ideally scover local expenditure.
poses serious coordination problems. Governments can use transfers to influence the sectoral pattern of
local expenditure by earmarking or disbursing transfers in the form
The structure of LG of matching grants.
Although the appropriate number of tiers of government and 3 variables: 1) amount to be distributed, 2) criteria for distributing
jurisdiction in each country varies depending on its characteristics, transfers among jurisdictions, 3) conditionaities imposed on the
all countries face the same trade-off between representation and use transfers.
cost. Trends in mature decentralized countries is the reduction of Transfers should be designed according to their objectives. Those
the number of subnational units, largely on the grounds of intended to finance functions that the municipal government is
efficiency and cost. Among poor countries, the trend is otherwise performing on behalf of the NG should be earmarked. In practice,
perhaps in part because a block grant available to each LG most transfers take the form of block grants.
creates an incentive to divide jurisdictions. Some basic principles are applicable to all types of transfers:
Transfers should be determined as openly, transparently and
Clarifying the allocation of functions and allowing for shared objectively as possible. They should be kept reasonably stable
functions from year to year so that LG can plan their budgets. And they
Providing services centrally creates economies of scale and should be distributed on the basis of predetermined rules. This
captures externalities but at the cost of imposing a common policy eliminates the uncertainty and bargaining that often plague
on populations with varied preferences and priorities. This trade- intergovernmental fiscal relations.
off, w/c is the basis of the fiscal federalist approach, guides some
of the choices that must be made in allocating functions. Controlling subnational debt
Such responsibility-sharing arrangements are complex. But they In principle, subnational borrowing is a private transaction but the
work well when they are clear and each tier’s responsibilities are NG is often drawn reluctantly into the transaction because of its
relatively well-defined, and when the regulatory framework responsibility for the stability of the financial system.
anticipates that LGs are sometimes NG agents and sometimes An alternative to private financing is for the NG to provide long
principals acting on their own. Without clarity and an appropriate term credit, but the repayment record is poor. Loan allocation tends
regulatory framework, there can be no accountability. to become politicized while debt collection is lax, with national
taxpayers ultimately bearing the burden.
Assigning and controlling resources Generally, private financing is either already the primary sources of
It may perhaps be the thorniest issue in DC, experience LG credit or is meant to eventually replace NG financing. This
nevertheless provides 2 lessons in this area: requires developing means to protect the NG and the national
1) LG needs resources commensurate with their responsibilities financial system from exposure to excessive subnational debt.
4 approaches:
2) LG authorities must operate under firm budget constraints, so
that they do not spend or borrow excessively in the 1) market discipline
expectation of a NG bailout • To be effective, a laissez-faire approach requires that a
Guiding principle: finance should follow function because not only number of conditions hold-the most important being the
should resources be commensurate with what they fund, but also credibility of the NG commitment not to intervene. It also
because the type of revenue used affects consumer behavior and requires avoiding situations in which the NG would be forced
results in different patterns of incidence. to intervene.
2) cooperation between LG and NG to decide what constitutes
Overall, the appropriate structure of subnational finance depends an appropriate level of indebtedness
on the functions that have been assigned to each tier of 3) direct regulation of subnational borrowing
government.
• Subject to political bargaining and are generally at odds
with the end towards DC. Also, they make it even more
Certain forms of taxation are appropriate for financing local
difficult for the CG to refuse to intervene and rescue LG.
services with benefits that cant be confined to individual
But administrative controls are appropriate for external
consumers and must fall on residents of the jurisdiction and be a
borrowing because a LG behavior on the intl market could
direct tax (ex. realty tax). But direct taxation in developing
have contagion effects on the ratings of other national
countries often yield limited revenues. The income tax is of limited
borrowers and because managing the external debt is the
use where most of the economy operates informally. To
macroeconomic responsibility of the NG.
compensate, most rely on various forms of business taxation,
which are politically easier to impose since the effects are hidden 4) Rule-based controls (ex. ceilings on debt service ratios)

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 11 -
• more transparent and less subject to political interference Dependent on the strength of community organizations and their
especially when they set global limits that mimic markets. ability to organize
• Fundamentally however, rules and control will be Local officials must be willing to tap them
ineffective unless accompanied by market discipline and a Civil society’s formal participation has its limits: Active civic
credible no-bailout pledge by the NG. organizations are need to draw on local traditions; not always
effective and may only reflect the views of a narrow segment of the
Central regulation of LG population.
When NG in decentralizing countries tend to compensate for their
loss of direct control by steeping up their regulation of LG tends to b) Civil society and political parties
be counterproductive if NG with limited knowledge of local
conditions micromanage local functions of if they impose costs Once democratic movements achieve their immediate goals, the
they are not prepared to finance. civic energy that fueled them often dissipates. Political parties can
Personnel matters are one area in which central regulation is help maintain a continuing link between civil society and
undesirable. If a NG is concerned about nepotism or overstaffing at government. Parties aggregate the demands of a dispersed
local levels, it can address them in other ways. But NG population, represent political interests, recruit and train new
involvement in personnel matters also reflects the power of public candidates for office, ensure electoral competition, and form
sector unions and their ability to organize nationally. governments. They can help organize minorities and the poor and
NG regulation remain appropriate in a wide range of other facilitate their participation in the formal electoral process.
circumstances. When LG act as agents of the NG, regulation and
monitoring are needed to enforce national mandates and 3. Developing an effective local administration
standards. Regulation is also essential to ensure validity of the
local electoral process and to address conflicts between units of Both NG and LG can take measures to improve the effective ness
subnational government. But a free press, improved access to of local administration: 1) When NG has decentralized
information, the growth of democracy at subnational levels and the responsibilities, it can also devolve the appropriate staff; 2) LG
increasing ability of local interest groups to monitor LG should be free to hire, fire and offer appropriate packages so that
performance decrease the need for central regulation. they can attract capable local officials; 3) Privatization can reduce
the number of skilled administrators needed by LG since
c) Making LG accountable privatized services require only monitoring and regulation.
Decentralization itself, by giving LG greater responsibilities and
3 sets of complementary measures should be pursued: control over resources will then increase their incentives to invest
further in their own administrative capabilities.
1. Adopting effective electoral rules
Making elections highly visible events, facilitating participation and Policies for the transition
demonstrating that votes matter will affect electoral outcomes in
any society. DC typically takes place during periods of political and economic
upheaval. Even when DC occurs in a less dramatic context,
a) rules to improve visibility, participation, and expected questions of timing and strategy still arise
payoffs
Hold concurrent local and national elections, although this Synchronizing the elements of reform
approach carries with it the risk of national issues overshadowing The recent history of DC illustrates the dangers of not sequencing
local concerns appropriately.
Mayor or governor elected directly by the whole constituency, while
state assembly members or municipal councilors are elected by 1. Put expenditure and revenue rules in place before political
district or neighborhoods. liberalization

b) rules that promote effective governance 2. Decentralize a function and its corresponding revenue source
Effective governance requires stable coalitions and an executive simultaneously
with reasonably strong and clear powers
3. Decentralize the needed management controls
Majority voting rather than proportional represenation
Separating executive and legislative branches of LG and electing Demonstrating the hard budget constraint
the chief executive directly NG must demonstrate early on that they are committed to
imposing a hard budget constraint on LG. The mere possibility of
2. Harnessing civil society NG bailout can prompt excess spending and deficit financing at the
subnational level.
a) Civil society and formal political participation
What lessons for the future?

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 12 -
A system based on rules produces better results than one that is 1. Short Title: Section one is the short title of the code. Its long
not. Explicit rules setting out the division of functional responsibility
title is An Act Providing for a Local Government Code of
among levels of government reduce ambiguity and increase
1991
political accountability. They also provide a framework within which
interest groups can compete and negotiate without resorting to
violence 2. Effectivity Date: Under Section 536, the code shall take effect
Some rules work better than others. Revenues need to be on January 1, 1992, after its complete publication in at least
decentralized at the same time as expenditures so that finance one newspaper of general circulation (Malaya)
follows function. A “hands-off” attitude when LG defaults on their
loans may be more important in controlling debt than the most 3. Defn of Local Government Unit: is a political subdivision of a
comprehensive set of regulations and controls. nation or state which is constituted by law and has substantial
LG with multiple tiers and many small units are likely to have high control of local affairs
administrative overhead costs.
Section 2
Comments:
1. Reiteration of Constitutional Policies: It was the intent of
Fusion Sex (Herb Goldberg, Hazards of Being Male) Congress that LGUs shall possess genuine and meaningful
local autonomy to accelerate their fullest development as self-
Recently I have been exploring the possibility of different kinds reliant communities and make them more effective partners in
of intensities of male orgasms and sexual experiences. I brought the attainment of national goals
the issue up at a marathon psychotherapy session two years ago
and discovered that not all but a number of men had 2. Spirit of Liberty in Local Autonomy: Supreme Court ruled
experienced what I have come to term “fusion sex.” in the case of San Juan v Civil Service Commission (196
The experience of fusion sex is one of an intense, totally un-self- SCRA 69) that the national officials should not only comply
conscious sexual coming together during which the male is not with the constitutional provisions on local autonomy but
focusing on or aware of having sex per se but is simply a part of should also appreciate the spirit of liberty upon which these
a wholly spontaneous, ecstatic union or fusion with the female, provisions are based
one that often brings him to tears of joy.
In fusion sex there is the phenomenon of a seemingly endless 3. Meaning of Autonomy: came from the Greek language
potency, lasting sometimes for an entire weekend or several which means to live under one's own laws. Applied to the
days during which time he remains in bed making love Philippine situation, it means the power of local government
continually. Men who have reported fusion sex to me describe units to enjoy limited self-government as defined by law.
the phenomenon of ejaculating and then almost immediately
becoming erect again. They may have as many as twelve to 4. Decentralization: The principle of autonomy does not make
fifteen orgasms during a weekend’s experience of fusion sex. local govt's sovereign within the state. It simply means
Indeed, the cup overfloweth. decentralization (Basco v PAGCOR). It is a means to wean
(to be continued…) LGUs from overdependence on the central government
However, Decentralization is more akin to "Deconcentration"
whereby central government offices are transferred to regions
but remain under control of the central govt. Example:
regional offices
Lo cal G ov er nm en t, D ece nt raliz at ion, Aut onom y
5. Devolution: this is the term that more closely approximates
The Local Government Code what the Local Government Code does for LGUs. It is defined
Pimentel, (pp 13-17) by the code as "the acts by which the National Government
confers power and authority upon the various LGUs to
** Books, Titles, Chapters, and Sections provided herein pertain to perform specific functions and responsibilities"
those in the Local Government Code. Please refer accordingly. • Process proceeds from National government to LGUs.
Hence, the devolution is made possible without any
Book I General Provisions intermediary.
Title One: Basic Principles
Chapter 1. The Code: Policy and Application • Devfolution of power does not stop at the level of any one
LGU. Rather, it seeps down to all levels. Example: funds go
Section 1 directly to the barangay, not through a municipal mayor or
Comments: treasurer as was the case before.

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 13 -
must be deemed to have been repealed by Sec2 Art III of the
• Powers LGUs may exercise: Provisional Constitution.

1) those expressly conferred Held: The designations made by respondent were not valid. The
provision in the Provisional Constitution must be deemed to have
2) those implied from those expressly granted been overtaken by Section 27, Article XVIII of the 1987
Constitution. The 1987 Constitution was ratified in a plebiscite on
3) those necessary, appropriate, or incidental for efficient February 2, 1987. By that date, thus, the Provisional Constitution
and effective governance must be deemed to have been superceded. Hence, the OIC
Governor could no longer rely on a provision of this superceded
4) essential to the promotion of the general welfare of their constitution to designate respondents to the elective positions
inhabitants occupied by petitioners. Petitioners must now be held to have
acquired security of tenure
6. Accountable Local Officials: this section emphasizes that
Sarmiento dissents: the Constitution took effect on February 11,
local govt officials must be accountable for their acts, 1987, not February 2, 1987.
otherwise they can be recalled even during their term.

7. Initiative, Referendum, and Recall: These new powers are San Juan vs. Civil Service Commission (1991)
now available to the people, being exercised by registered
voters residing within a territory of an LGU under the Facts:
circumstances provided by the code. Gov. San Juan appointed Santos as Acting PBO (Provincial
Budget Officer) of Rizal Province and informed DBM Reg.IV Dir.
8. Consultation Required: consultation is now required before and asked him to endorse the appointment. However, Dir.
any project is implemented, not only with the LGUs but also recommended the appointment of Almajose as PBO since she is
with the NGOs and People's Organizations. the only CPA among the contenders. DBM Usec. signed the
appointment papers of Almajose w/out the knowledge of Gov. San
Juan. The new Reg. IV Dir. informed Gov. San Juan that Santos
9. Mandatory Consultations: Not only central government was not qualified and asked that he submit 3 other nominees.
agencies but even government owned or controlled However, Gov. San Juan learned of Almajoses’s appointment by
corporations should undergo such consultations (Art 54, the Usec and filed a letter-protest with the DBM Secretary. DBM
Rules Implementing the Local Government Code of 1991) ruled that letter-protest is not meritorious. Motion for Recon was
denied. Thus, Gov. San Juan appealed to Civil Service
10. Ecology and Environment: The maintenance and Commission (CSC) which issued a resolution dismissing Gov. San
preservation of a sound ecological balance and clean Juan’s claim.
environment are salient concerns in the code, tempering
modernization and development. Held: The DBM cannot appoint anyone it wants when the
recomendee of the Governor is unqualified.

The issue involves the application of a most important


De Leon vs. Esguerra (1987)
constitutional policy and principle, that of local autonomy. The clear
mandate on local autonomy must be obeyed. Where a law is
Facts: capable of two interpretations, one in favor of centralized
Pursuant to the Barangay Elections Act of 1982,barangay elections power in Malacañang and the other beneficial to local
were held and De Leon was elected as barangay captain, while autonomy, the scales must be weighed in favor of autonomy.
other petitioners were elected as barangay councilmen. De Leon The exercise by local gov’t of meaningful power has been a goal
received a memorandum antedated Dec 1, 1986 but signed by since the turn of the century.
OIC Governor Esguerra on Feb 8, 1987 designating Magno as
Brgy Capt of Brgy Dolores. a similar memorandum was signed by When CSC interpreted the recommending power of the Provincial
the OIC Governor for the replacement of the councilmen of Brgy Governor as purely directory, it went against the letter and spirit of
Dolores. Petitioners want these memoranda declared null and void the constitutional provisions on local autonomy. If the DBM
because there term has not yet ended and becaue of the Secretary jealously hoards the entirety of budgetary powers and
ratification of the 1987 Const, OIC had no longer authority to ignores the right of local governments to develop self-reliance and
replace them Repsondents aver that the terms of office of elective resoluteness in the handling of their own funds, the goal of
and appointive officials were abolished and that petitioners meaningful local autonomy is frustrated and set back.
continued in office by virtue of a holdover capacity and not
because their term of 6 years had not yet expired; and that the The DBM may appoint only from the list of qualified
provision in the Brgy Election Act providing for the 6-year term recommendees nominated by the Governor. If none is qualified, he
must return the list of nominees to the Governor explaining why no

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 14 -
one meets the legal requirements and ask for new recommendees
who have the necessary eligibilities and qualifications. Facts:
Basco et al petition seeking to annul the Philippine Amusement
and Gaming Corporation (PAGCOR) Charter (PD 1869). They
Ganzon vs. CA (1991) claim that PD 1869 is unconstitutional since it constitutes an
intrusion and waiver of Manila's right to impose taxes and license
Facts: fees, which is recognized by law; This is in contravention of the
Series of administrative complaints (10) were filed against Mayor constitutionally enshrined principle of local autonomy;
Ganzon by various city officials sometime in 1988. Mayor Ganzon
answered and cases were set for hearing (where a series of Held: Their contention is without merit because: (a) The City of
postponements occurred). *Sec. Santos (of Department of Local Manila, being a mere Municipal corporation has no inherent right to
Government) issued several consecutive preventive suspension impose taxes. Thus, "the Charter or statute must plainly show an
orders. Ganzon obviously complains saying that he was denied intent to confer that power or the municipality cannot assume it".
due process and President has no power to investigate/suspend Its "power to tax" therefore must always yield to a legislative act
local officials. which is superior having been passed upon by the state itself
which has the "inherent power to tax". (b) The Charter of the City
Held: The 1987 Constitution did not intend to divest the legislature of Manila is subject to control by Congress. And if Congress can
of its right, or the President of his prerogative as conferred by grant the City of Manila the power to tax certain matters, it can also
existing legislation, to provide administrative sanctions against provide for exemptions or even take back the power. (c) The City
local officials. The deletion was meant to stress, sub silencio, the of Manila's power to impose license fees on gambling, has long
objective of framers to strengthen local autonomy by severing been revoked. (d) Local governments have no power to tax
congressional control of its affairs, as observed by CA, like the instrumentalities of the National Government [note this has already
power of local legislation… BUT it did nothing more. Insofar as been dumped by SC in later cases under local taxation]. The
existing legislation authorizes the President (through Sec of Local power of local government to "impose taxes and fees" is always
Government) to proceed against local officials administratively, subject to "limitations" which Congress may provide by law. Since
Consti contains no prohibition. PD 1869 remains an "operative" law until "amended, repealed or
revoked" (Sec. 3, Art. XVIII, 1987 Constitution), its "exemption
Although President, through Sec Santos is not precluded from clause" remains as an exception to the exercise of the power of
exercising a legal power, it appears that Santos is exercising it local governments to impose taxes and fees. It cannot therefore be
oppressively and with a grave abuse of discretionby (a) inflicting on violative but rather is consistent with the principle of local
Ganzon successive suspensions when he had sufficient time to autonomy.
gather necessary evidence to build a case without suspending him
a day longer and (b) he has been cracking down on Ganzon
piecemeal – to pin him down ten times (10complaints) when he
Magtajas vs. Pryce Properties Corp. (1994)
could have pursued a consolidated effort
Facts:
RULES laid down by SC:
PAGCOR decided to expand its operations to Cagayan de Oro
1. Local autonomy, under Consti, involves a mere
city (CDO) for which it leased a portion of a building owned by
decentralization of administration, not of power, in which
Pryce for the operation of a casino. SP of CDO enacted
local officials remain accountable to the central government
ordinances (1) prohibiting the issuance of business permit and
in the manner the law may provide.
canceling existing business permit to any establishment for the
2. The new Consti does not prescribe federalism.
using and allowing to be used its premises or portion thereof for
3. The change in constitutional language (w/respect to
the operation of a casino and (2) prohibiting the operation of
supervision clause) was meant to deny legislative control
casino and providing a penalty for violation thereof. Pryce and
over local governments; it did not exempt the latter from
PAGCOR assailed the ordinances before the CA. CA declared
legislative regulations provided regulation is consistent with
ordinances invalid and issued writ of prohibition.
the fundamental premise of autonomy.
4. Since local governments remain accountable to the
Held: Enacted ordinances were invalid. For an ordinance to valid:
national authority, the latter may, and in the manner set
(1) it must not contravene the constitution or any statute; (2) it
forth therein, impose disciplinary action against local
must not be unfair and oppressive; (3) it must not be partial or
officials;
discriminatory; (4) it must not prohibit but may regulate; (5) it must
5. “Supervision” and “investigation” are not inconsistent
be general and consistent with public policy; (6) it must not be
terms; “investigation” does not signify “control” (which
unreasonable. As to the contention that it is allowed by Sec 458 to
President does not have).
prohibit all kinds of gambling, it must be noted that in Sec 458,
since the word "gambling" is associated with "and other prohibited
games of chance," the word should be read as referring only to
Basco vs. Pagcor (1991) illegal gambling which, like other prohibited games of chance, must

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 15 -
be prevented or suppressed. Such interpretation is in accordance conformity with the oversight function of the Conversion
with the rule of noscitur a sociis (a word or phrase should be Authority. cdtai (b) In case of conflict between the Subic
interpreted in relation to, or given the same meaning of, words with Authority and the local government units concerned on matters
which it is associated.) affecting the Subic Special Economic Zone other than defense
and security, the decision of the Subic Authority shall prevail.
Further, implied repeals are not lightly presumed in the absence of
clear and unmistakable showing of such intention. A reading of Some Horror Movie Quotes:
the entire repealing clause would show that it painstakingly
mentions the specific laws or the parts thereof which are repealed They will say that I have shed innocent blood. What's blood for,
or modified by the LGC. PD 1869, which created PAGCOR was
if not for shedding? (Candyman)
not one of them. There is no sufficient indication of an implied
repeal of PD 1869 as later laws (RA 7309 and RA 7648) even
mentioned PAGCOR as the source of its funding. Here we go, the world is spinning. When it stops, it's just
beginning. Sun comes up, we laugh and we cry. Sun goes down,
Lo cal G ov er nm en ts , Ad min is tr at iv e R egion s, Aut onomo us and then we all die. (The Ring)
Regio ns
Kincaid: "I'll see you in hell."
RA7227: An Act Accelerating The Conversion Of Military Freddy:"Tell 'em Freddy sent ya." (a nightmare on Elmstreet 4)
Reservations Into Other Productive Uses, Creating The
Bases Conversion And Development Authority For The
Purpose, Providing Funds Therefor And For Other Lo cal G ov er nm en ts , Ad min is tr at iv e R egion s, Aut onomo us
Purposes Regio ns

SEC12. Subic Special Economic Zone. - Subject to the Abbas vs. COMELEC (1989)
concurrence by resolution of the sangguniang panlungsod of the
City of Olongapo and the sangguniang bayan of the Facts:
Municipalities of Subic, Morong and Hermosa, there is hereby Abbas et. al. prayed that (1) the COMELEC be enjoined from
created a Special Economic and Free-port Zone consisting of conducting the plebescite and the DBM from releasing funds for
the City of Olongapo and the Municipality of Subic, Province of said purpose; and (2) RA 6734 (ARMM act) be declared
Zambales, the lands occupied by the Subic Naval Base and its unconstitutional.
contiguous extensions as embraced, covered, and defined by
the 1974 Military Bases Agreement between the Philippines and Held: RA 6734 is constitutional.
the United States of America as amended, and within the Petitioners’ allegation that RA 6734 is unconstitutional because it
territorial jurisdiction of the Municipalities of Morong and unconditionally creates an autonomous region in Muslim Mindanao
Hermosa, Province of Bataan, hereinafter referred to as the is untenable since Art 2 Sec 1 itself refers to Sec 18 Art X of Const
Subic Special Economic Zone whose metes and bounds shall which sets forth the conditions necessary for the creation of the
be delineated in a proclamation to be issued by the President of autonomous region. Also there is a specific provision in the law's
the Philippines. Within thirty (30) days after the approval of this transitory provisions which incorporates substantially the same
Act, each local government unit shall submit its resolution of requirements embodied in the Consti. These clearly indicate that
concurrence to join the Subic Special Economic Zone to the the creation of the same shall take place only in accord with the
office of the President. Thereafter, the President of the constitutional provisions.
Philippines shall issue a proclamation defining the metes and
bounds of the Zone as provided herein. The creation of the autonomous region is made to depend on the
The abovementioned zone shall be subject to the following will of the majority in each of the constituent units. Such is clearly
policies: the intention of the framers for if they intended to get the majority
xxx of the votes cast, they would simply have adopted the same
(i) Except as herein provided, the local government units phraseology as that used for the ratification of the Const where the
comprising the Subic Special Economic Zone shall retain their phrase "by the constituent units" is not found.
basic autonomy and identity. The cities shall be governed by
their respective charters and the municipalities shall operate and As to petitioner’s allegation that Congress has expanded the scope
function in accordance with Republic Act No. 7160, otherwise of ARMM which const itself prescribed to be limited, this is a
known as the Local Government Code of 1991. political issue. Any review of such would have to go into the
wisdom of the law which is violative of the principle of separation of
SEC14. Relationship with the Conversion Authority and the powers.
Local Government Units. - (a) The provisions of existing laws,
rules and regulations to the contrary notwithstanding, the Subic As to the allegation that ARMM Act violates the exercise of free
Authority shall exercise administrative powers, rule-making and Religion, there is no actual controversy between the litigants exist
disbursement of funds over the Subic Special Economic Zone in therefore the Court cannot be called upon to resolve what is

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 16 -
merely perceived as a potential conflict between the provisions of be embodied in other statutes on the same subjects as that of the
the muslim code and national law. challenged legislation.

As to the allegation that it grants the President the power not With respect to the power to merge existing administrative regions,
conferred by the Constutution, what is referred to in RA 6734 is the the standard is to be found in the same policy underlying the grant
merger of administrative region which are not territorial and to the President in R.A. No. 5435 of the power to reorganize the
political subdivisions. While the power to merge administrative Executive Department: "to promote simplicity, economy and
regions is not expressly provided for in the Consti, it is a power efficiency in the government to enable it to pursue programs
which has been traditionally lodged with the President to facilitate consistent with national goals for accelerated social and economic
the exercise of the power of general supervision over local development and to improve the service in the transaction of the
governmnets. public business."
Indeed, as the original 11 administrative regions were established
Further, the questioned provision requiring an oversight committee in accordance with this policy, it is logical to suppose that in
does not provide for a different date of effectivity. Neither would it authorizing the President to "merge by administrative
be an impediment as its creation is aimed at effecting a smooth determination the existing regions" in view of the withdrawal from
transition period for the regional government. some of those regions of the provinces now constituting the
Autonomous Region, the purpose of Congress was to reconstitute
the original basis for the organization of administrative regions.
Chiongbian vs. Orbos (1995)

Facts: Cordillera Broad Coalition vs. COA (1990)


ARMM Act, called for a plebiscite to be held. In the plebiscite held,
4 provinces (Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi) Facts:
voted in favor of creating an autonomous region. In accordance After the 1996 EDSA Revolution, Balweg, broke off on ideological
with the constitutional provision, these provinces became the grounds from the CPP-NPA. After President Aquino was installed
ARMM. Pursuant to a provision in the ARMM Act those who voted into office, she advocated a policy of national reconciliation. The
against shall remain in the existing administrative regions: Cordillera People’s Liberation Army (CPLA) heeded this call.
Provided, however, that the President may, by administrative Aqiuno and Balweg arrived at a joint agreement to draft an
determination, merge the existing regions. Pursuant to the Executive Order to create a preparatory body that could perform
authority granted by this provision, Pres. Aquino issued an E.O. policy-making and administrative functions and undertake
that reorganized the administrative regions of Mindanao. The consultations and studies leading to a draft organic act for the
petitioners who were members of Congress representing the Cordilleras. Pursuant to the joint agreement, E.O. 220, creating the
various legislative districts involved in the plebiscite, wrote Pres. Cordillera Administrative Region (CAR) was signed into law.
Aquino protesting E.O. No. 429. As their protest went unheeded, During the pendency of this case, R.A. No. 6766 (Organic Act of
petitioners brought this suit for certiorari and prohibition. CAuR) was enacted and signed into law. The Act recognizes the
CAR and the offices and agencies created under E.O. No. 220 and
Held: The power to merge administrative regions is an executive its transitory nature is reinforced. Petitioners contend that the
function. Thus the creation and subsequent reorganization of issuance of the EO pre-empted Congress’ task.
administrative regions have been by the President pursuant to
authority granted to him by law. In conferring on the President the Held: NO.
power to merge by administrative determination the existing EO 220 does not create the autonomous region contemplated in
regions following the establishment of ARMM, Congress merely the Constitution. It merely provides for transitory measures in
followed the pattern set in previous legislation dating back to the anticipation of the enactment of an organic act and the creation of
initial organization of administrative regions in 1972. While the an autonomous region. In short, it prepares the ground for
power to merge administrative regions is not expressly provided for autonomy. This does not necessarily conflict with the provisions of
in the Constitution, it is a power which has traditionally been the Constitution on autonomous regions. The complex procedure
lodged with the President to facilitate the exercise of the power of for the creation of an autonomous region in the Cordilleras will take
general supervision over local governments. (Abbas v. time. The President, in 1987 still exercising legislative powers, as
COMELEC). The regions themselves are not territorial and political the first Congress had not yet convened, saw it fit to provide for
divisions like provinces, cities, municipalities and barangays but some measures to address the urgent needs of the Cordilleras in
are mere groupings of contiguous provinces for administrative the meantime that the organic act had not yet been passed and the
purposes. The power conferred on the President is similar to the autonomous region created. These measures are in E.O. No. 220,
power to adjust municipal boundaries which has been described and they do not violate the Constitution.
as "administrative in nature."
The bodies created by E.O. No. 220 do not supplant the existing
There was a standard to guide President’s discretion. A legislative local governmental structure, nor are they autonomous
standard need not be expressed. It may simply be gathered or government agencies. They merely constitute the mechanism for
implied. Nor need it be found in the law challenged because it may an "umbrella" that brings together the existing local governments,

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 17 -
the agencies of the National Government, the ethno-linguistic Effectivity of the Code
groups or tribes, and NGOs in a concerted effort to spur
development in the Cordilleras. Sec5, LGC: Rules of Interpretation – In the interpretation of the
provisions of this Code, the following rules shall apply:
Neither did E.O. 220 contravene the Constitution by creating a new xxx
territorial and political subdivision. The CAR is not a public (d) Rights and obligations existing on the date of effectivity of
corporation or a territorial and political subdivision. It does not have this Code and arising out of contracts or any other source of
a separate juridical personality, unlike provinces, cities and prestation involving a local government unit shall be governed
municipalities. Neither is it vested with the powers that are by the original terms and conditions of said contracts or the law
normally granted to public corporations (the power to sue and be in force at the time such rights were vested; and
sued, the power to own and dispose of property, the power to xxx
create its own sources of revenue, etc.). The CAR was created
primarily to coordinate the planning and implementation of Sec536, LGC: Effectivity Clause – This Code shall take effect on
programs and services in the covered areas. January 1st, 1992, unless otherwise provided herein, after its
complete publication in at least (1) newspaper of general
The CAR is in the same genre as the administrative regions circulation.
created under the Reorganization Plan, albeit under E.O. No. 220.
The operation of the CAR requires the participation not only of the
line departments and agencies of the National Government but
also the local governments, ethno-linguistic groups and NGOs in
Evardone vs. COMELEC (1991)
bringing about the desired objectives and the appropriation of
funds solely for that purpose.
Facts:
In 1990, COMELEC issued Resolution No 2272 embodying rules
Ordillo vs. COMELEC (1990)
and regulations on the recall of elective provincial, city, and
municipal officials. Pursuant to the rules under Resolution No.
Facts: 2272, COMELEC issued Resolution No. 90-0557 approving
A plebiscite was conducted in the provinces of Benguet, Mountain Election Registrar's recommendation to hold siging of petition for
Province, Ifugao, Abra and Kalinga-Apayao and Baguio City cast recall of Mayor Evardone. Evardone filed before the SC petition for
their votes in a plebiscite pursuant to R.A. No. 6766 (Oragnic Act of prohibition. His ground: Art X, Section 3 of the 1987 Consti
CAR). The COMELEC results of the plebiscite showed that only repealed BP Blg 337 (Local Government Code) in favor of one TO
the Ifugao Province wanted the CAR. DOJ Sec. issued a BE ENACTED by Congress. Since there was no LGC during the
memorandum for the President reiterating the COMELEC period material to the case, COMELEC has no basis to promulgate
resolution and provided that since only the provinces and city Resolution No.2272 and the recall proceedings are premature.
voting favorably shall be included in the CAR, the province of
Ifugao being the only province which voted favorably will alone, HELD: Resolution is constitutional. ART XVIII, Section 3 of the
legally and validly constitute the CAR. Ordillo et. al, then, 1987 Constitution provides that all existing laws not inconsistent
complains. with the Constitution shall remain operative until amended,
repealed, or revoked. On the other hand, the Local Government
Held: Ifugao cannot be the CAR alone. Code of 1991 will take effect only on January 1, 1992. Hence BP
The keywords in Art. X, Sec. 15, (Const) — provinces, cities, Blg. 337 is still the law applicable to the present case. BP 337
municipalities and geographical areas connote that "region" is to contains no special provision on the manner of conducting
be made up of more than one constituent unit. The term "region" elections of the recall of local officials. Thus, pursuant to the rule-
used in its ordinary sense means 2 or more provinces. This is making power vested in COMELEC, it promulgated Resolution No.
supported by the fact that the 13 regions into which the Philippines 2272 in 1990.
is divided for administrative purposes are groupings of contiguous
provinces. Ifugao is a province by itself. To become part of a
region, it must join other provinces, cities, municipalities, and
geographical areas. It joins other units because of their common
Secretary of Health vs. CA (1995)
and distinctive historical and cultural heritage, economic and social
structures and other relevant characteristics. The Constitutional
requirements are not present in this case. Facts:
Administrative complaint was filed with the DOH against private
respondent Administrative Officer Sibbaluca for grave misconduct,
 There is no Cordillera Autonomous Region yet since 2 dishonesty, etc. Consequently, she was put under preventive
plebiscites rejected it, but the Cordillera Administrative Region is suspension for 90 days. Pending the resolution of her motion to lift
still existent. Kalinga-Apayao is now the provinces of Kalinga and suspension, she instituted an action seeking the nullification of the
Apayao. entire administrative proceedings. She claims that when the new
Local Government Code of 1991 was enacted, the Secretary of

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 18 -
Health had lost his disciplinary powers and authority over her. and make them more effective partners in the attainment of
Such power to discipline the personnel of the Provincial Health national goals. Toward this end, the State shall provide for
Officer is now vested in the Provincial Government. a more responsive and accountable local government
structure instituted through a system of decentralization
Held: NO. Jurisdiction is determined by the statue in force at the whereby local government units shall be given more
time of the commencement of the action. The LGC of 1991 took powers, authority, responsibilities, and resources. The
effect on January 1, 1992. In the case at bar, Sibbaluca was process of decentralization shall proceed from the National
administratively charged in 1991. The operative laws then were Government to the local government units.
the Administrative Code of 1987 and EO 119. Under these laws, (b) It is also the policy of the State to ensure the accountability
the Secretary of Health exercises control, direction and supervision of local government units through the institution of effective
over his subordinates, which includes private respondent. mechanisms of recall, initiative and referendum.
(c) It is likewise the policy of the State to require all national
agencies and offices to conduct periodic consultations with
Fusion sex (part2) appropriate LGUs, nongovernmental and people’s
organizations, and other concerned sectors of the
community before any project or program is implemented
The common ingredients to fusion sex that men who have
in their respective jurisdictions.
experienced it describe are:
1) The man either recently has left a long-standing though Sec3, LGC: Operative Principles of Decentralization – The
frustrating sexual relationship or has been looking for a truly formulation and implementation of policies and measures on
satisfying one without success for a long time. In a word, he is local autonomy shall be guided by the following operative
ripe. principles:
2) The fusion sex relationship is not predicated on a future (a) There shall be an effective allocation among the different
potential. Neither party has long-range designs on the other. LGUs of their respective powers, functions, responsibilities,
The woman may be married and intending to return to her and resources;
husband or living in another part of the country or world and (b) There shall be established in every LGU an accountable,
planning to go back shortly. In other words, there are serious efficient, and dynamic organizational structure and
obstacles to permanency, the future is highly uncertain, and operating mechanism that will meet the priority needs and
therefore the relationship is totally now. service requirements of its communities;
(c) Subject to civil service law, rules and regulations, local
3) The male is flooded with and able to experience and express
officials and employees paid wholly or mainly from local
long-repressed feelings that never or very rarely emerge. That is, funds shall be appointed or removed, according to merit
during fusion sex he is able to cry in sadness, to experience his and fitness, by the appropriate appointing authority;
loneliness, to cling, to be passive, to enjoy feeling beautiful and (d) The vesting of duty, responsibility, and accountability in
to be totally transparent about his fantasies, his feelings, his LGUs shall be accompanied with provision for reasonably
past, and his future aspirations. In short, he is temporarily adequate resources to discharge their powers and
whole, reunited with long lost parts of himself. effectively carry out their functions; hence, they shall have
4) The male senses a real challenge. He has found his “magic the power to create and broaden their own sources of
lady” who is not free or readily available and he is totally revenue and the right to a just share in national taxes and
expressive in his pursuit and desire for her. an equitable share in the proceeds of the utilization and
(to be continued) development of the national wealth within their respective
areas;
(e) Provinces with respect to component cities and
municipalities, and cities and municipalities with respect to
component barangays, shall ensure that the acts of their
Par t I I: Boo k I: Gener al Pro visions component units are within the scope of their prescribed
powers and functions;
Ti tle O ne: Basi c P ri ncipl es (f) LGUs may group themselves, consolidate or coordinate
A. Polic y a nd Appli cat ion their efforts, services, and resources for purposes
commonly beneficial to them;
Sec1, LGC: Title – This Act shall be known and cited as the “Local (g) The capabilities of LGUs, especially the municipalities and
Government Code of 1991”. barangays, shall be enhanced by providing them with
opportunities to participate actively in the implementation of
Sec2, LGC: Declaration of Policy – national programs and projects;
(a) It is hereby declared the policy of the State that the (h) There shall be a continuing mechanism to enhance local
territorial and political subdivisions of the State shall enjoy autonomy not only by legislative enabling acts but also by
genuine and meaningful local autonomy to enable them to administrative and organizational reforms;
attain their fullest development as self-reliant communities

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 19 -
(i) LGUs shall share with the National Government the Greater Balanga Development Corporation (GBDC) vs.
responsibility in the management and maintenance of Municipality of Balanga (1994)
ecological balance within their territorial jurisdiction, subject
to the provisions of this Code and national policies; Facts:
(j) Effective mechanisms for ensuring the accountability of GBDC applied with the Office of the Balanga Mayor for a business
LGUs to their respective constituents shall be strengthened permit its property, certain portions of which as been "unlawfully
in order to upgrade continually the quality of local usurped and invaded" by Balanga, which had
leadership; "allowed/tolerated/abetted" the construction of shanties and market
(k) The realization of local autonomy shall be facilitated stalls while charging market fees and market entrance fees from
through improved coordination of national government the occupants and users of the area. Mayor issued a Mayor's
policies and programs and extension of adequate technical Permit granting GBDC the privilege of a "real estate
and material assistance to less developed and deserving dealer/privately-owned public market operator" under the
LGUs; registered trade name of Balanga Public Market.
(l) The participation of the private sector in local governance, However, the Sangguniang Bayan passed a Resolution annulling
particularly in the delivery of basic services, shall be the Mayor's permit issued to GBDC and advising the Mayor to
encouraged to ensure the viability of local autonomy as an revoke the permit. Mayor revoked the permit insofar as it
alternative strategy for sustainable development; and authorized the operation of a public market. GBDC filed this
(m) The National Government shall ensure that petition claiming that it had not violated any law/ordinance, thus
decentralization contributes to the continuing improvement there’s no reason to revoke the Mayor's permit. The EO and the
of the performance of LGUs and the quality of community resolution in question were quasi-judicial acts and not mere
life. exercises of police power. Respondent also failed to observe due
process in revoking the permit. Balanga argues that Mayor may
Sec4, LGC: Scope of Application – This Code shall apply to all issue, deny or revoke municipal licenses and permits. Resolution
provinces, cities, municipalities, barangays, and other political and EO were legitimate exercise of local legislative authority.
subdivisions as may be created by law, and, to the extent herein GBDC violated Section 3A-06(b) of the Balanga Revenue Code
provided, to officials, offices, or agencies of the National when it failed to disclose the true status of the area involved in the
Government. permit when it did not secure separate permits for its two
businesses.
Sec5, LGC: Rules of Interpretation – In the interpretation of the
provisions of this Code, the following rules shall apply:
(a) Any provision on a power of a LGU shall be liberally Held: No. There was no ground for revocation. The application for
interpreted in its favor, and in case of doubt, any provision Mayor's permit requires the applicant to state what type of
thereon shall be resolved in favor of devolution of powers business, profession, occupation and/or calling privileges is being
and of the lower LGU. Any fair and reasonable doubt as to applied for. Petitioner left this entry bank in its application form.
the existence of the power shall be interpreted in favor of Leaving an entry blank is not equal to false statement. There must
the LGU concerned; be proof of willful misrepresentation and deliberate intent to make
(b) In case of doubt, any tax ordinance or revenue measure a false statement. The absence of the material info in the
shall be construed strictly against the LGU enacting it, and application form was nonetheless supplied in the face of the permit
liberally in favor of the taxpayer. Any tax exemption, signed and issued by Mayor Banzon himself.
incentive or relief granted by any LGU pursuant to the
provisions of this Code shall be construed strictly against
the person claiming it; Applying for two businesses in one permit is also not a ground for
(c) The general welfare provisions in this Code shall be revocation. Par 2 Section 3A-06(b) does not expressly require two
liberally interpreted to give more powers to LGUs in permits for their conduct of two or more businesses in one place,
accelerating economic development and upgrading the but only that separate fees be paid for each business. The powers
quality of life for the people in the community; of municipal corporations are to be construed in strictissimi
(d) Rights and obligations existing on the date of effectivity of juris (strictly in its legal terms) and any doubt or ambiguity
this Code and arising out of contracts or any other source must be construed against the municipality Granting, however,
of prestation involving a LGU shall be governed by the that separate permits are actually required, the application form
original terms and conditions of said contracts or the law in does not contain any entry as regards the number of businesses
force at the time such rights were vested; and the applicant wishes to engage in.
(e) In the resolution of controversies arising under this Code
where no legal provision or jurisprudence applies, resort
my be had to the customs and traditions in the place where  Balanga case and Section 5 (a) conflict. Neither will it fall
(f) the controversies take place. under Section 5 (b) unless the business permit is a revenue
measure. Then again , the trend of SC is to limit the LGC.

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 20 -
Tano vs. Socrates (1997) In Magtajas v. Pryce Properties Corporation, well-established tests
of a valid ordinance are:
Facts: (a) It must not contravene the Constitution or any statute;
Sangguniang Panlunsod of Puerto Princesa enacted an Ordinance (b) It must not be unfair or oppressive;
banning the shipment of all live fish and lobster outside Puerto (c) It must not be partial or discriminatory;
Princesa for 5 years. To implement this, Acting City Mayor issued (d) It must not prohibit but may regulate trade;
Office Order No. 23. Next, the SP of Palawan enacted SR No.33 (e) It must be general and consistent with public policy; and
and Ordinance No. 2 series of 1993 prohibiting the catching, (f) It must not be unreasonable.
gathering, possessing, buying, selling and shipment of live marine
coral dwelling aquatic organisms in and coming from Palawan The SP of Puerto Princesa lack the authority of enacting the
waters for 5 years. The respondents implemented the said Ordinance since the subject is within the jurisdiction and
ordinances depriving all the fishermen of the whole province of responsibility of the Bureau of Fisheries and Aquatic Resources
Palawan and the City of Puerto Princesa of their only means of (BFAR) under PD704, which was not expressly repealed by the
livelihood and the petitioners Airline Shippers Association of LGCode of 1991.
Palawan and other marine merchants from performing their lawful
occupation and trade. Hence, this petition Special law must prevail over general law. LGCode is a general
law while P.D. No. 704 is a special law dealing with the protection
Held: Resolution and ordinances are valid. It is settled that and conservation of fishing and aquatic resources including those
laws, including ordinances enacted by local government units in the municipal waters.
enjoy the presumption of constitutionality. To overthrow this
presumption, there must be a clear and unequivocal breach of the Ordinance is also unenforceable for lack of approval of Secretary
Constitution, not merely a doubtful or argumentative contradiction. of Agriculture under PD 704.
Petitioners’ argument the Constitution and applicable laws were Police power is inherent in a state, it is not so in municipal
violated by the ordinances is baseless. The ordinances in question corporations or local governments. In order that a local
are meant precisely to protect and conserve our marine resources government may exercise police power, there must be a legislative
to the end that their enjoyment may be guaranteed not only for the grant which necessarily sets the limits for the exercise of the
present generation, but also for the generations to come. power. The power devolved upon the municipality under the Local
Moreover, Section 5(c) of the LGC explicitly mandates that the Government Code is the enforcement of existing fishery laws of
general welfare provisions of the LGC "shall be liberally interpreted the State and not the enactment thereof. While a local government
to give more powers to the local government units in accelerating unit may adopt ordinances upon subjects covered by law or statute
economic development and upgrading the quality of life for the (i.e., PDs 704, 1015 and 1219), such ordinances should be in
people of the community." The centerpiece of LGCode is the accordance with and not repugnant to the law.
system of decentralization as expressly mandated by the
Constitution. Indispensable to decentralization is devolution and
the LGCode expressly provides that "any provision on a power of a  Some locgovspeak:
local government unit shall be liberally interpreted in its favor, and Local autonomy: power of LGU to decide for themselves on certain
in case of doubt, any question thereon shall be resolved in favor of matters without clearance or approval from the NG.
devolution of powers and of the lower local government unit. Any Decentralization: Devolution of administration (NOT power) from
fair and reasonable doubt as to the existence of the power shall be the NG to LGU
interpreted in favor of the local government unit concerned." Deconcentration: Flow of autonomy from NG to regional agencies
Devolution: act by which NG confers power and authority from the
CONCURRING OPINION: Mendoza NG to perform specific functions and responsibilities.
There is no basis for the claim in the dissenting opinion that the
subject of these ordinances lies within the competence of the
national government. For the matter concerns a local problem, There is Memorandum Circular 53 (1993) which provides that
namely, the destruction of aquatic resources in the Province of all offices and employees including GOCCs to comply with LGC
Palawan. It would therefore set back the policy of decentralization and its IRR on consultations. However, there is no penalty for the
were this Court to sustain such a claim. breach.

The presumption of constitutionality must prevail in the absence of


some factual foundation of record for overthrowing the statute.

If the laws passed are seen to have a reasonable relation to a Some Horror Movie Quotes:
proper legislative purpose, and are neither arbitrary nor
discriminatory, the requirements of due process are satisfied and Little girl:"His name is Freddy Krueger, and he loves children,
judicial determination to that effect renders a court functus officio. especially little girls. Freddy's coming back. Soon he'll be strong
enough. It's okay to be afraid. We were all afraid. Warn your
DISSENT: Bellosillo friends. Warn everyone!" (Freddy VS. Jason}

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 21 -

Chucky:"I'll be back! I always come back.. But dying is such a Sec9, LGC: Abolition of Local Government Units. – A local
b*tch" (Child's Play) 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
Section 17 hereof to Congress or to the sanggunian concerned,
as the case may be.
A. Gener al P ower and Attr ibutes The law or ordinance abolishing a local government unit shall
specify the province, city, municipality, or barangay with which
Local Government Code the local government unit sought to be abolished will be
incorporated or merged.
Sec6, LGC: Authority to Create Local Government Units. – A
local government unit may be created, divided, merged, Sec10, LGC: Plebiscite Requirement. – No creation, division,
abolished, or its boundaries substantially altered either by law merger, abolition, or substantial alteration of boundaries of local
enacted by Congress in the case of a province, city, municipality, government units shall take effect unless approved by a majority
or any other political subdivision, or by ordinance passed by the of the votes cast in a plebiscite called for the purpose in the
sangguniang panlalawigan or sangguniang panlungsod political unit or units directly affected. Said plebiscite shall be
concerned in the case of a barangay located within its territorial conducted by the Commission on Elections (COMELEC) within
jurisdiction, subject to such limitations and requirements one hundred twenty (120) days from the date of effectivity of the
prescribed in this Code. law or ordinance effecting such action, unless said law or
ordinance fixes another date.
Sec7, LGC: Creation and Conversion. – As a general rule, the
creation of a local government unit or its conversion from one Sec11: Selection and Transfer of Local Government Site,
level to another level shall be based on verifiable indicators of Offices and Facilities. –
viability and projected capacity to provide services, to wit: (a) The law or ordinance creating or merging local government
(a) Income - It must be sufficient, based on acceptable units shall specify the seat of government from where
standards, to provide for all essential government facilities governmental and corporate services shall be delivered. In
and services and special functions commensurate with the selecting said site, factors relating to geographical
size of its population, as expected of the local government centrality, accessibility, availability of transportation and
unit concerned; communication facilities, drainage and sanitation,
(b) Population. - It shall be determined as the total number of development and economic progress, and other relevant
inhabitants within the territorial jurisdiction of the local considerations shall be taken into account.
government unit concerned; and (b) When conditions and developments in the local
(c) Land Area. - It must be contiguous, unless it comprises two government unit concerned have significantly changed
or more islands or is separated by a local government unit subsequent to the establishment of the seat of government,
independent of the others; properly identified by metes and its sanggunian may, after public hearing and by a vote of
bounds with technical descriptions; and sufficient to provide two-thirds (2/3) of all its members, transfer the same to a
for such basic services and facilities to meet the site better suited to its needs. Provided, however, That no
requirements of its populace. Compliance with the such transfer shall be made outside the territorial
foregoing indicators shall be attested to by the Department boundaries of the local government unit concerned.
of Finance (DOF), the National Statistics Office (NSO), and The old site, together with the improvements thereon, may
the Lands Management Bureau (LMB) of the Department be disposed of by sale or lease or converted to such other
of Environment and Natural Resources(DENR). use as the sanggunian concerned may deem beneficial to
the local government unit concerned and its inhabitants.
Sec8, LGC: Division and Merger. – Division and merger of (c) Local government offices and facilities shall not be
existing local government units shall comply with the same transferred, relocated, or converted to other uses unless
requirements herein prescribed for their creation: Provided, public hearings are first conducted for the purpose and the
however, That such division shall not reduce the income, concurrence of the majority of all the members of the
population, or land area of the local government unit or units sanggunian concerned is obtained.
concerned to less than the minimum requirements prescribed in
this Code: Provided, further, That the income classification of the Sec12: Government Centers. – Provinces, cities, and
original local government unit or units shall not fall below its municipalities shall endeavor to establish a government center
current income classification prior to such division. The income where offices, agencies, or branches of the national
classification of local government units shall be updated within government, local government units, or government-owned or
six (6) months from the effectivity of this Code to reflect the -controlled corporations may, as far as practicable, be located.
changes in their financial position resulting from the increased In designating such a center, the local government unit
revenues as provided herein. concerned shall take into account the existing facilities of

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 22 -
national and local agencies and offices which may serve as the reason and, in any case, not oftener than once every ten
government center as contemplated under this Section. The (10) years. The name of a local government unit or a public
national government, local government unit or government- place, street or structure with historical, cultural, or ethnic
owned or -controlled corporation concerned shall bear the significance shall not be changed, unless by a unanimous
expenses for the construction of its buildings and facilities in the vote of the sanggunian concerned and in consultation with
government center. the PHC.
(e) A change of name of a public school shall be made only
Sec13: Naming of Local Government Units and Public Places, upon the recommendation of the local school board
Streets and Structures. – concerned.
(a) The sangguniang panlalawigan may, in consultation with (f) A change of name of public hospitals, health centers, and
the Philippine Historical Commission (PHC), change the other health facilities shall be made only upon the
name of the following within its territorial jurisdiction: recommendation of the local health board concerned.
(1) Component cities and municipalities, upon the (g) The change of name of any local government unit shall be
recommendation of the sanggunian concerned; effective only upon ratification in a plebiscite conducted for
(2) Provincial roads, avenues, boulevards, thorough- the purpose in the political unit directly affected. In any
fares, and bridges; change of name, the Office of the President, the
(3) Public vocational or technical schools and other post- representative of the legislative district concerned, and the
secondary and tertiary schools; Bureau of Posts shall be notified.
(4) Provincial hospitals, health centers, and other health
facilities; and Sec14: Beginning of Corporate Existence. – When a new local
(5) Any other public place or building owned by the government unit is created, its corporate existence shall
provincial government. commence upon the election and qualification of its chief
(b) The sanggunian of highly urbanized cities and of executive and a majority of the members of its sanggunian,
component cities whose charters prohibit their voters from unless some other time is fixed therefor by the law or ordinance
voting for provincial elective officials, hereinafter referred to creating it.
in this Code as independent component cities, may, in
consultation with the Philippine Historical Commission, Sec15: Political and Corporate Nature of Local Government
change the name of the following within its territorial Units. – Every local government unit created or recognized
jurisdiction: under this Code is a body politic and corporate endowed with
(1) City barangays, upon the recommendation of the powers to be exercised by it in conformity with law. As such, it
sangguniang barangay concerned; shall exercise powers as a political subdivision of the national
(2) City roads, avenues, boulevards, thoroughfares, and government and as a corporate entity representing the
bridges; inhabitants of its territory.
(3) Public elementary, secondary and vocational or
technical schools, community colleges and non- Sec16: General Welfare. – Every local government unit shall
chartered colleges; exercise the powers expressly granted, those necessarily
(4) City hospitals, health centers and other health implied therefrom, as well as powers necessary, appropriate, or
facilities; and incidental for its efficient and effective governance, and those
(5) Any other public place or building owned by the city which are essential to the promotion of the general welfare.
government. Within their respective territorial jurisdictions, local government
(c) The sanggunians of component cities and municipalities units shall ensure and support, among other things, the
may, in consultation with the Philippine Historical preservation and enrichment of culture, promote health and
Commission, change the name of the following within its safety, enhance the right of the people to a balanced ecology,
territorial jurisdiction: encourage and support the development of appropriate and self-
(1) city and municipal barangays, upon recommendation reliant scientific and technological capabilities, improve public
of the sangguniang barangay concerned; morals, enhance economic prosperity and social justice,
(2) city, municipal and barangay roads, avenues, promote full employment among their residents, maintain peace
boulevards, thoroughfares, and bridges; and order, and preserve the comfort and convenience of their
(3) city and municipal public elementary, secondary and inhabitants.
vocational or technical schools, post-secondary and
other tertiary schools; Sec17: Basic Services and Facilities. –
(4) city and municipal hospitals, health centers and other (a) Local government units shall endeavor to be self-reliant
health facilities; and and shall continue exercising the powers and discharging
(5) Any other public place or building owned by the the duties and functions currently vested upon them. They
municipal government. shall also discharge the functions and responsibilities of
(d) None of the foregoing local government units, institutions, national agencies and offices devolved to them pursuant to
places, or buildings shall be named after a living person, this Code. Local government units shall likewise exercise
nor may a change of name be made unless for a justifiable such other powers and discharge such other functions and

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 23 -
responsibilities as are necessary, appropriate, or incidental medicines, medical supplies, and equipment
to efficient and effective provision of the basic services and needed to carry out the services herein
facilities enumerated herein. enumerated;
(b) Such basic services and facilities include, but are not (iv). Social welfare services which include
limited to, the following: programs and projects on child and youth
(1) For a Barangay: welfare, family and community welfare,
(i) Agricultural support services which include women's welfare, welfare of the elderly and
planting materials distribution system and disabled persons; community-based
operation of farm produce collection and rehabilitation programs for vagrants, beggars,
buying stations; street children, scavengers, juvenile
(ii) Health and social welfare services which delinquents, and victims of drug abuse;
include maintenance of barangay health livelihood and other pro-poor
center and day-care center; projects; nutrition services; and family
(iii) Services and facilities related to general planning services;
hygiene and sanitation, beautification, and (v). Information services which include
solid waste collection; investments and job placement information
(iv) Maintenance of katarungang pambarangay; systems, tax and marketing information
(v) Maintenance of barangay roads and bridges systems, and maintenance of a public library;
and water supply systems (vi). Solid waste disposal system or environmental
(vi) Infrastructure facilities such as multi- purpose management system and services or facilities
hall, multipurpose pavement, plaza, sports related to general hygiene and sanitation;
center, and other similar facilities; (vii). Municipal buildings, cultural centers, public
(vii) Information and reading center; and parks including freedom parks, playgrounds,
(viii) Satellite or public market, where viable; and sports facilities and equipment, and other
(2) For a municipality: similar
(i). Extension and on-site research services and facilities;
facilities related to agriculture and fishery (viii). Infrastructure facilities intended primarily to
activities which include dispersal of livestock service the needs of the residents of the
and poultry, fingerlings, and other seeding municipality and which are funded out of
materials for aquaculture; palay, corn, and municipal funds including, but not limited to,
vegetable seed farms; medicinal plant municipal roads and bridges; school buildings
gardens; fruit tree, coconut, and other kinds of and other facilities for public elementary and
seedling nurseries; demonstration farms; secondary schools; clinics, health centers and
quality control of copra and improvement and other health facilities necessary to carry out
development of local distribution channels, health services; communal irrigation, small
preferably through cooperatives; water impounding projects and other similar
interbarangay irrigation system; water and soil projects; fish ports; artesian wells, spring
resource utilization and conservation projects; development, rainwater collectors and water
and enforcement of fishery laws in municipal supply systems; seawalls, dikes, drainage and
waters including the conservation of sewerage, and flood control; traffic signals and
mangroves; road signs; and similar facilities;
(ii). Pursuant to national policies and subject to (ix). Public markets, slaughterhouses and other
supervision, control and review of the DENR, municipal enterprises;
implementation of community-based forestry (x). Public cemetery;
projects which include integrated social (xi). Tourism facilities and other tourist attractions,
forestry programs and similar projects; including the acquisition of equipment,
management and control of communal forests regulation and supervision of business
with an area not exceeding fifty (50) square concessions, and security services for such
kilometers; establishment of tree parks, facilities; and
greenbelts, and similar forest development (xii). Sites for police and fire stations and
projects; substations and the municipal jail;
(iii). Subject to the provisions of Title Five, Book I (3) For a Province:
of this Code,
(i). health services which include the A
implementation of programs
gricultural
andextension
projects and
on on-site research services and facilities which include the prevention and
primary health care, maternal
control ofand
plant
child
andcare,
animal pests and diseases; dairy farms, livestock markets, animal breeding
and communicable stations,
and non-communicable
and artificial insemination centers; and assistance in the organization of farmers' and
disease control services;fishermen's
access tocooperatives
secondary and other collective organizations, as well as the transfer of appropriate
and tertiary health services; purchase of

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 24 -
local government unit concerned, based on national
nd development services, as well as the transfer of appropriate technology;
P policies, standards and guidelines.
policies and subject to supervision, control and review of the DENR, enforcement (e) National agencies or offices concerned shall
ed to community-based forestry projects, pollution control law, small-scale mining devolve to local government units the responsibility
on the protection of the environment; and mini-hydro electric projects for local for the provision of basic services and facilities
enumerated in this Section within six (6) months
S after the effectivity of this Code. As used in this
ons of Title Five, Book I of this Code, health services which include hospitals and Code, the term "devolution" refers to the act by
services; which the national government confers power and
S authority upon the various local government units to
s which include pro grams and projects on rebel returnees and evacuees; relief perform specific functions and responsibilities.
ulation development services; (f) The national government or the next higher level of
P local government unit may provide or augment the
rovincial jails, freedom parks and other public assembly areas, and other similar basic services and facilities assigned to a lower
level of local government unit when such services
I or facilities are not made available or, if made
s intended to service the needs of the residents of the province and which are available, are inadequate to meet the requirements
ncial funds including, but not limited to, provincial roads and bridges; inter- of its inhabitants.
ks, drainage and sewerage, flood control, and irrigation systems; reclamation (g) The basic services and facilities hereinabove
facilities; enumerated shall be funded from the share of local
P government units in the proceeds of national
ts for low-cost housing and other mass dwellings, except those funded by the taxes and other local revenues and funding support
stem (SSS), Government Service Insurance System (GSIS), and the Home from the national government, its instrumentalities
l Fund (HDMF): Provided, That national funds for these programs and projects and government-owned or -controlled corporations
allocated among the regions in proportion to the ratio of the homeless to the which are tasked by law to establish and maintain
such services or facilities. Any fund or resource
I available for the use of local government units shall
ervices, including access to credit financing; be first allocated for the provision of basic services
U or facilities enumerated in subsection (b) hereof
rnization of tax information and collection services through the use of computer before applying the same for other purposes,
are and other means; unless otherwise provided in this Code.
I (h) The Regional offices of national agencies or offices
ommunications services, subject to national policy guidelines; and whose functions are devolved to local government
T units as provided herein shall be phased out within
and promotion programs; one (1) year from the approval of this Code. Said
(4) For a City: national agencies and offices may establish such
All the services and facilities of the municipality and field units as may be necessary for monitoring
province, and in addition thereto, the following: purposes and providing technical assistance to
(a) Adequate communication and transportation local government units. The properties, equipment,
facilities; and other assets of these regional offices shall be
(b) Support for education, police and fire services and distributed to the local government units in the
facilities. region in accordance with the rules and regulations
(c) Notwithstanding the provisions of subsection (b) issued by the oversight committee created under
hereof, public works and infrastructure projects and this Code.
other facilities funded by the national government (i) The devolution contemplated in this Code shall
under the annual General Appropriations Act, other include the transfer to local government units of the
special laws, pertinent executive orders, and those records, equipment, and other assets and
wholly or partially funded from foreign sources, are personnel of national agencies and offices
not covered under this Section, except in those corresponding to the devolved powers, functions,
cases where the local government unit concerned and responsibilities.
is duly designated as the implementing agency for (j) Personnel of said national agencies or offices shall
such projects, facilities, programs, and services. be absorbed by the local government units to which
(d) The designs, plans, specifications, testing of they belong or in whose areas they are assigned to
materials, and the procurement of equipment and the extent that it is administratively viable as
materials from both foreign and local sources determined by the said oversight committee:
necessary for the provision of the foregoing Provided, That the rights accorded to such
services and facilities shall be undertaken by the personnel pursuant to civil service law, rules and

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 25 -
regulations shall not be impaired: Provided, (a) A city or municipality may, through an ordinance passed by
Further, That regional directors who are career
the sanggunian after conducting public hearings for the
executive service officers and other officers of
purpose, authorize the reclassification of agricultural lands
similar rank in the said regional offices who cannot
and provide for the manner of their utilization or disposition
be absorbed by the local government unit shall be
in the following cases: (1) when the land ceases to be
retained by the national government, without any
economically feasible and sound for agricultural purposes
diminution of rank, salary or tenure.
as determined by the Department of Agriculture or (2)
(k) To ensure the active participation of the private
where the land shall have substantially greater economic
sector in local governance, local government units
value for residential, commercial, or industrial
may, by ordinance, sell, lease, encumber, or
purposes, as determined by the sanggunian concerned:
otherwise dispose of public economic enterprises
Provided, That such reclassification shall be limited to the
owned by them in their proprietary capacity. Costs
following percentage of the total agricultural land area at
may also be charged for the delivery of basic
the time of the passage of the ordinance:
services or facilities enumerated in this Section.
(1)For highly urbanized and independent component
cities, fifteen percent (15%);
Sec18: Power to Generate and Apply Resources. – Local
(2)For component cities and first to third class
government units shall have the power and authority to establish
municipalities, ten percent (10%); and
an organization that shall be responsible for the efficient and
(3)For fourth to sixth class municipalities, five percent
effective implementation of their development plans, program
(5%): Provided, further, That agricultural lands
objectives and priorities; to create their own sources of revenue
distributed to agrarian reform beneficiaries pursuant to
and to levy taxes, fees, and charges which shall accrue
Republic Act Numbered Sixty-six hundred fifty-seven
exclusively for their use and disposition and which shall be
(R.A. No. 6657), otherwise known as "The
retained by them; to have a just share in national taxes which
Comprehensive Agrarian Reform Law", shall not be
shall be automatically and directly released to them without
affected by the said reclassification and the
need of any further action; to have an equitable share in the
conversion of such lands into other purposes shall be
proceeds from the utilization and development of the national
governed by Section 65 of said Act.
wealth and resources within their respective territorial
(b) The President may, when public interest so requires and
jurisdictions including sharing the same with the inhabitants by
upon recommendation of the National Economic and
way of direct benefits; to acquire, develop, lease, encumber,
Development Authority, authorize a city or municipality to
alienate, or otherwise dispose of real or personal property held
reclassify lands in excess of the limits set in the next
by them in their proprietary capacity and to apply their resources
preceding paragraph.
and assets for productive, developmental, or welfare purposes,
(c) The local government units shall, in conformity with existing
in the exercise or furtherance of their governmental or
laws, continue to prepare their respective comprehensive
proprietary powers and functions and thereby ensure their
land use plans enacted through zoning ordinances which
development into self-reliant communities and active
shall be the primary and dominant bases for the future use
participants in the attainment of national goals.
of land resources: Provided, That the requirements for
food production, human settlements, and industrial
Sec19: Eminent Domain. – A local government unit may, through
expansion shall be taken into consideration in the
its chief executive and acting pursuant to an ordinance, exercise
preparation of such plans.
the power of eminent domain for public use, or purpose, or
(d) Where approval by a national agency is required for
welfare for the benefit of the poor and the landless, upon
reclassification, such approval shall not be unreasonably
payment of just compensation, pursuant to the provisions of the
withheld. Failure to act on a proper and complete
Constitution and pertinent laws: Provided, however, That the
application for reclassification within three (3) months from
power of eminent domain may not be exercised unless a valid
receipt of the same shall be deemed as approval thereof.
and definite offer has been previously made to the owner, and
(e) Nothing in this Section shall be construed as repealing,
such offer was not accepted: Provided, further, That the local
amending, or modifying in any manner the provisions of
government unit may immediately take possession of the
R.A. No. 6657.
property upon the filing of the expropriation proceedings and
upon making a deposit with the proper court of at least fifteen
Sec21: Closure and Opening of Roads. –
percent (15%) of the fair market value of the property based on
(a) A local government unit may, pursuant to an ordinance,
the current tax declaration of the property to be expropriated:
permanently or temporarily close or open any local road,
Provided, finally, That, the amount to be paid for the
alley, park, or square falling within its jurisdiction: Provided,
expropriated property shall be determined by the proper court,
however, That in case of permanent closure, such
based on the fair market value at the time of the taking of the
ordinance must be approved by at least two-thirds (2/3) of
property.
all the members of the sanggunian, and when necessary, an
adequate substitute for the public facility that is subject to
Sec20: Reclassification of Lands. –
closure is provided.

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 26 -
(b) No such way or place or any part thereof shall be Sec23: Authority to Negotiate and Secure Grants. – Local chief
permanently closed without making provisions for the executives may, upon authority of the sanggunian, negotiate and
maintenance of public safety therein. A property thus secure financial grants or donations in kind, in support of the
permanently withdrawn from public use may be used or basic services or facilities enumerated under Section 17 hereof,
conveyed for any purpose for which other real property from local and foreign assistance agencies without necessity of
belonging to the local government unit concerned may be securing clearance or approval therefor from any department,
lawfully used or conveyed: Provided, however, That no agency, or office of the national government or from any higher
freedom park shall be closed permanently without provision local government unit: Provided, That projects financed by such
for its transfer or relocation to a new site. grants or assistance with national security implications shall be
(c) Any national or local road, alley, park, or square may be approved by the national agency concerned: Provided, further,
temporarily closed during an actual emergency, or fiesta That when such national agency fails to act on the request for
celebrations, public rallies, agricultural or industrial fairs, or approval within thirty (30) days from receipt thereof, the same
an undertaking of public works and highways, shall be deemed approved.
telecommunications, and waterworks projects, the duration
of which shall be specified by the local chief executive The local chief executive shall, within thirty (30) days upon
concerned in a written order: Provided, however, That no signing of such grant agreement or deed of donation, report the
national or local road, alley, park, or square shall set nature, amount, and terms of such assistance to both Houses of
temporarily closed for athletic, cultural, or civic activities not Congress and the President.
officially sponsored, recognized, or approved by the
local government unit concerned. Sec24: Liability for Damages. – Local government units and their
(d) Any city, municipality, or barangay may, by a duly enacted officials are not exempt from liability for death or injury to
ordinance, temporarily close and regulate the use of any persons or damage to property.
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. TRIVIA: Beer contains the Vitamin B group, while water does not.
Kaya mas mahal ang isang bote ng beer sa isang bote ng tubig.
Sec22: Corporate Powers. –
(a) Every local government unit, as a corporation, shall have
the following powers:
(1)To have continuous succession in its corporate MyPleasure Guide: Erotic Massage
name;
(2)To sue and be sued;
Sexual enhancement goes beyond merely using a sex toy. Erotic
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(6)To exercise such other powers as are granted to up a relationship!
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change their existing corporate seals: Provided, That newly (continued)
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
Cr ea tio n of L ocal Gov ern me nt Uni ts
Government: Provided, further, That any change of corporate
seal shall also be registered as provided herein.
(c)Unless otherwise provided in this Code, contract may be 1987 Constitution ARTX: Local Government
entered into by the local chief executive in behalf of the local
government unit without prior authorization by the sanggunian Sec1. The territorial and political subdivisions of the Republic of
concerned. A legible copy of such contract shall be posted at a the Philippines are the provinces, cities, municipalities, and
conspicuous place in the provincial capitol or the city, municipal barangays. There shall be autonomous regions in Muslim
or barangay hall. Mindanao and the Cordilleras as hereinafter provided.
(d)Local government units shall enjoy full autonomy in the
exercise of their proprietary functions and in the management of Sec7. Local governments shall be entitled to an equitable share in
their economic enterprises, subject to the limitations provided in the proceeds of the utilization and development of the national
this Code and other applicable laws. wealth within their respective areas, in the manner provided by

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 27 -
law, including sharing the same with the inhabitants by way of size of its population, as expected of the local government
direct benefits. unit concerned;
(b) Population. - It shall be determined as the total number of
inhabitants within the territorial jurisdiction of the local
Sec10. No province, city, municipality, or barangay may be
government unit concerned; and
created, divided, merged, abolished, or its boundary
(c) Land Area. - It must be contiguous, unless it comprises two
substantially altered, except in accordance with the criteria
or more islands or is separated by a local government unit
established in the local government code and subject to
independent of the others; properly identified by metes and
approval by a majority of the votes cast in a plebiscite in the
bounds with technical descriptions; and sufficient to provide
political units directly affected.
for such basic services and facilities to meet the
requirements of its populace. Compliance with the
Sec11. The Congress may, by law, create special metropolitan foregoing indicators shall be attested to by the Department
political subdivisions, subject to a plebiscite as set forth in of Finance (DOF), the National Statistics Office (NSO), and
Section 10 hereof. The component cities and municipalities shall the Lands Management Bureau (LMB) of the Department
retain their basic autonomy and shall be entitled to their own of Environment and Natural Resources(DENR).
local executive and legislative assemblies. The jurisdiction of the
metropolitan authority that will thereby be created shall be Sec8, LGC: Division and Merger. – Division and merger of
limited to basic services requiring coordination. existing local government units shall comply with the same
requirements herein prescribed for their creation: Provided,
however, That such division shall not reduce the income,
Sec15. There shall be created autonomous regions in Muslim population, or land area of the local government unit or units
Mindanao and in the Cordilleras consisting of provinces, cities, concerned to less than the minimum requirements prescribed in
municipalities, and geographical areas sharing common and this Code: Provided, further, That the income classification of the
distinctive historical and cultural heritage, economic and social original local government unit or units shall not fall below its
structures, and other relevant characteristics within the current income classification prior to such division. The income
framework of this Constitution and the national sovereignty as classification of local government units shall be updated within
well as territorial integrity of the Republic of the Philippines. six (6) months from the effectivity of this Code to reflect the
changes in their financial position resulting from the increased
Sec16. The President shall exercise general supervision over revenues as provided herein.
autonomous regions to ensure that laws are faithfully executed.
Sec9, LGC: Abolition of Local Government Units. – A local
government unit may be abolished when its income, population,
Sec19. The first Congress elected under this Constitution shall, or land area has been irreversibly reduced to less than the
within eighteen months from the time of organization of both minimum standards prescribed for its creation under Book III of
Houses, pass the organic acts for the autonomous regions in this Code, as certified by the national agencies mentioned in
Muslim Mindanao and the Cordilleras. Section 17 hereof to Congress or to the sanggunian concerned,
as the case may be.
The law or ordinance abolishing a local government unit shall
specify the province, city, municipality, or barangay with which
Local Government Code the local government unit sought to be abolished will be
incorporated or merged.
Sec6, LGC: Authority to Create Local Government Units. – A
local government unit may be created, divided, merged, Sec10, LGC: Plebiscite Requirement. – No creation, division,
abolished, or its boundaries substantially altered either by law merger, abolition, or substantial alteration of boundaries of local
enacted by Congress in the case of a province, city, municipality, government units shall take effect unless approved by a majority
or any other political subdivision, or by ordinance passed by the of the votes cast in a plebiscite called for the purpose in the
sangguniang panlalawigan or sangguniang panlungsod political unit or units directly affected. Said plebiscite shall be
concerned in the case of a barangay located within its territorial conducted by the Commission on Elections (COMELEC) within
jurisdiction, subject to such limitations and requirements one hundred twenty (120) days from the date of effectivity of the
prescribed in this Code. law or ordinance effecting such action, unless said law or
ordinance fixes another date.
Sec7, LGC: Creation and Conversion. – As a general rule, the
creation of a local government unit or its conversion from one Creation of the Barangay
level to another level shall be based on verifiable indicators of Sec385: Manner of Creation. – A barangay may be created,
viability and projected capacity to provide services, to wit: divided, merged, abolished, or its boundary substantially altered,
(a) Income - It must be sufficient, based on acceptable by law or by an ordinance of the sangguniang panlalawigan or
standards, to provide for all essential government facilities sangguniang panlungsod, subject to approval by a majority of
and services and special functions commensurate with the the votes cast in a plebiscite to be conducted by the Comelec in

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 28 -
the local government unit or units directly affected within such creation to less than the minimum requirements prescribed
period of time as may be determined by the law or ordinance herein.
creating said barangay. In the case of the creation of barangays (b) The territorial jurisdiction of a newly-created municipality
by the sangguniang panlalawigan, the recommendation of the shall be properly identified by metes and bounds. The
sangguniang bayan concerned shall be necessary. requirement on land area shall not apply where the
municipality proposed to be created is composed of one (1)
Sec386: Requisites for Creation. – or more islands. The territory need not be contiguous if it
(a) A barangay maybe created out of a contiguous territory comprises two (2) or more islands.
which has apopulation of at least two thousand (2,000) (c) The average annual income shall include the income
inhabitants ascertified by the National Statistics Office accruing to the general fund of the municipality concerned,
except in cities and municipalities within Metro Manila and exclusive of special funds, transfers and non-recurring
other metropolitan political subdivisions or in highly income.
urbanized cities where such territory shall have a certified (d) Municipalities existing as of the date of the effectivity of this
population of at least five thousand (5,000) inhabitants: Code shall continue to exist and operate as such. Existing
Provided, That the creation thereof shall not reduce the municipal districts organized pursuant to presidential
population of the original barangay or barangays to less issuances or executive orders and which have their
than the minimum requirement prescribed herein. respective set of elective municipal officials holding office at
To enhance the delivery of basic services in the indigenous the time of the effectivity of this Code shall henceforth be
cultural communities, barangays may be created in such considered as regular municipalities.
communities by an Act of Congress, notwithstanding the
above requirement. Creation of the City
(b) The territorial jurisdiction of the new barangay shall be Sec449: Manner of Creation. – A city may be created, divided,
properly identified by metes and bounds or by more or less merged, abolished, or its boundary substantially altered, only by
permanent natural boundaries. The territory need not be an Act of Congress, and subject to approval by a majority of the
contiguous if it comprises two (2) or more islands. votes cast in a plebiscite to be conducted by the Comelec in the
(c) The governor or city mayor may prepare a consolidation local government unit or units directly affected. Except as may
plan for barangays, based on the criteria prescribed in this otherwise be provided in such Act, the plebiscite shall be held
Section, within his territorial jurisdiction. The plan shall be within one hundred twenty (120) days from the date of its
submitted to the sangguniang panlalawigan or effectivity.
sangguniang panlungsod concerned for appropriate action.
In the case of municipalities within the Metropolitan Manila Sec450: Requisites for Creation. –
area and other metropolitan political subdivisions, the (a) A municipality or a cluster of barangays may be converted
barangay consolidation plan shall be prepared and into a component city if it has an average annual income,
approved by the sangguniang bayan concerned. as certified by the Department of Finance, of at least
Twenty million pesos (P20,000,000.00) for the last two (2)
Creation of the Municipality consecutive years based on 1991 constant prices, and if it
Sec441: Manner of Creation. – A municipality may be created, has either of the following requisites:
divided, merged, abolished, or its boundary substantially altered (i). a contiguous territory of at least one hundred (100)
only by an Act of Congress and subject to the approval by a square kilometers, as certified by the Lands
majority of the votes cast in a plebiscite to be conducted by the Management Bureau; or,
Comelec in the local government unit or units directly affected. (ii). a population of not less than one hundred fifty
Except as may otherwise be provided in the said Act, the thousand (150,000) inhabitants, as certified by the
plebiscite shall be held within one hundred twenty (120) days National Statistics Office: Provided, That, the creation
from the date of its effectivity. thereof shall not reduce the land area, population, and
income of the original unit or units at the time of said
Sec442: Requisites for Creation. – creation to less than the minimum requirements
(a) A municipality may be created if it has an average annual prescribed herein.
income, as certified by the provincial treasurer, of at least (b) The territorial jurisdiction of a newly-created city shall be
Two million five hundred thousand pesos (P=2,500,000.00) properly identified by metes and bounds. The requirement
for the last two (2) consecutive years based on the 1991 on land area shall not apply where the city proposed to be
constant prices; a population of at least twenty-five created is composed of one (1) or more islands. The
thousand (25,000) inhabitants as certified by the National territory need not be contiguous if it comprises two (2) or
Statistics Office; and a contiguous territory of at least fifty more islands.
(50) square kilometers as certified by the Lands (c) The average annual income shall include the income
Management Bureau: Provided, That the creation thereof accruing to the general fund, exclusive of special funds,
shall not reduce the land area, population or income of the transfers, and non-recurring income.
original municipality or municipalities at the time of said
Creation of the Province

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 29 -
Sec460: Manner of Creation. – A province may be created, warts, sores, or discolorations on genitals, and flu-like
divided, merged, abolished, or its boundary substantially altered, symptoms. There are other symptoms as well; see your health
only by an Act of Congress and subject to approval by a majority care provider if you have any questions.
of the votes cast in a plebiscite to be conducted by the Comelec Some STD's (such as Herpes) may be spread by contact with the
in the local government unit or units directly affected. The
general areas of the genitals, anus, or mouth. Rashes or
plebiscite shall be held within one hundred twenty (120) days
from the date of effectivity of said Act, unless otherwise provided outbreaks are often a sign of infection and contagiousness,
therein. though it is possible for some of these diseases to be transmitted
when there are no visible symptoms.
Sec461: Requisites for Creation. – (continued…)
(a) A province may be created if it has an average annual
income, as certified by the Department of Finance, of not
less than Twenty million pesos (P=20,000,000.00) based
on 1991 constant prices and either of the following Cr ea tio n
requisites:
(i). a contiguous territory of at least two thousand
Padilla, Jr. vs. COMELEC (1992)
(2,000) square kilometers, as certified by the Lands
Management Bureau; or,
(ii). a population of not less than two hundred fifty Facts:
thousand (250,000) inhabitants as certified by the In 1991, COMELEC promulgated a Resolution pursuant to RA7155
National Statistics Office: approving the creation of the Municipality of Tulay-na-Lupa in
Provided, That, the creation thereof shall not reduce Camarines Norte to be composed of 12 brgys in the Municipality of
the land area, population, and income of the original Labo subject to the approval by a majority of votes cast pursuant to
unit or units at the time of said creation to less than the Sec 10, ArtX of 1987 Constitution, and LGC. The plebiscite was to
minimum requirements prescribed herein. be held in the barangays comprising the proposed municipality and
(b) The territory need not be contiguous if it comprises two (2) the remaining areas of the mother municipality Labo. Plebiscite
or more islands or is separated by a chartered city or cities Board of Canvasser declared the rejection and disapproval of the
which do not contribute to the income of the province. proposed municipality after the turn-out where a majority voted
(c) The average annual income shall include the income against the creation. Gov. Padilla files a special civil action to set
accruing to the general fund, exclusive of special funds, aside conducted plebiscite and to undertaked a new one because
trust funds, transfers, and non-recurring income. plebiscite should have been conducted only in the 12 brgys
comprising the proposed municipality.
RA7878 (1995) Creating provinces of kalinga and apayao
RA8371 (1997), Sec18 IPRA, creation of tribal barangays for Held: Plebiscite valid.
ICCs/IPs living in contiguous zones and predominant Padilla’s contention that ArtX, Sec10 has deleted the words “unit
population, such brgy formed in accordance with LGC. or” in Sec3, ArtXI of the 1973 Constitution is untenable. As
RA9009 (2001) explained by ConCom Commissioner Davide during the 1986
RA9054 (2001), ArtIV, Sec19 ConCom debates the deletion of the words was asked because in
the plebiscite to be conducted, it must involve all the units affected.
When the law states that the plebiscite shall be conducted “in the
political units directly affected,” it means that residents of the
political entity who would be economically dislocated by the
STD Prevention and Treatment: General Comment: separation of a portion thereof have a right to vote in said
plebiscite.
Microtears in the gums (perhaps aggravated by recent brushing
or flossing), finger cuticles, penis, vagina, or anus can cause a TRIVIA: Gov Roy Padilla Jr. is the half-brother of Robin Padilla.
breach where a virus or bacterium may enter, even if the tears Magkapatid sila sa ama.
are not visible or noticeable. Pathogens can also enter the body
after landing on the eyes. Basically, one should avoid any
situation in which the body fluids of another might make their
way into one's bloodstream or contact one's mucous Torralba and Rugay vs. Municipality of Sibagat, Province of
membranes. Agusan del Sur and its Municipal Officers (1987)
Some diseases show no symptoms, and the people carrying
them may not know they are infected or show any noticeable Facts:
signs for years, though they can still transmit the disease to you. Petitioners challenge the validity of BP56 creating the municipality
of Sibagat, Province of Agusan del Sur, being violative of Sec3,
When symptoms are observed, common ones are pain when
ArtXI of the 1973Constitution. The 1983 LGC after enactment of
urinating, discharge or odd smell from genitals, itching,
BP 56. A plebiscite had been conducted among the people of the
burning, or pain in genitals (and sometime lower abdomen),

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 30 -
unit/s affected by the creation of the new municipality, who simply one of the modes by which a city may be created. Section
expressed approval. Officials had been appointed and had 10, Article X of the Constitution, allows the merger of local
assumed respective positions. Petitioners contend that BP 56 is government units to create a province city, municipality or
invalid for absence of the LGC at the time of its enactment. barangay in accordance with the criteria established by the Code.

Held: BP 56 is valid. Cawaling’s argument that the Municipality of Sorsogon alone


The 1973 Constitutional provision does not proscribe nor prohibit already qualifies to be upgraded to a component city goes into the
modification of territorial and political subdivisions before wisdom of R.A. No. 8806, a matter which we are not competent to
enactment of the 1983 LGC. What it means is that once said Code rule. In the exercise of judicial power, we are allowed only "to settle
is enacted, the creation, modification or dissolution of LGUs should actual controversies involving rights which are legally demandable
conform with the criteria thus laid down. Before enactment of 1983 and enforceable," and "may not annul an act of the political
LGC, the legislative power remains plenary except that the departments simply because we feel it is unwise or impractical”.
creation of the new LGU should be approved by the people
concerned in a plebiscite called for the purpose. Contrary to petitioner's assertion, there is only one subject
embraced in the title of the law, that is, the creation of the City of
CAB is different from Tan v Comelec since in that case, the LGC Sorsogon. The abolition/cessation of the corporate existence of the
already existed at the time the challenged statute (BP885) was Municipalities of Bacon and Sorsogon due to their merger is not a
enacted. Second, BP885 confined the plebiscite to the “proposed subject separate and distinct from the creation of Sorsogon City.
new province” to the exclusion of the voters in the remaining areas, Such abolition/cessation was but the logical, natural and inevitable
in contravention of the Const and of the LGC that plebiscite should consequence of the merger. It is well-settled that the "one title-one
be held “in the unit or units affected”. Third, the requisite area for subject" rule does not require the Congress to employ in the title of
creation of a new province was not complied with in BP885. the enactment language of such precision as to mirror, fully index
Finally, “Indecent haste” attended the enactment of BP885 and the or catalogue all the contents and the minute details therein. The
holding of the plebiscite thereafter rule is sufficiently complied with if the title is comprehensive
enough as to include the general object which the statute seeks to
Cruz, Concurring – on the assumption that the required plebiscite effect, and where, as here, the persons interested are informed of
(although not questioned) complied with the Constitutional the nature, scope and consequences of the proposed law and its
provision, and was duly held “in the unit or units affected”  not operation. Moreover, this Court has invariably adopted a liberal
only in the proposed municipality but also in the mother rather than technical construction of the rule "so as not to cripple or
municipality in line with Tan vs. Comelec, reversing Paredes vs. impede legislation."
Exec. Sec. and Lopez vs. Metro Manila Commission (where these
cases held that plebiscite could be confined only to the political unit The 120-day period within which to conduct the plebiscite starts
proposed to be created) from the date of Act’s effectivity (i.e., after publication in at least
two (2) newspapers of general and local circulation). Quite plainly,
the last sentence of Section 10 mandates that the plebiscite shall
Cawaling vs. COMELEC (2001) be conducted within 120 days from the date of the effectivity of the
law, not from its approval. While the same provision allows a law or
Facts: ordinance to fix "another date" for conducting a plebiscite, still such
Pres. Estrada signed into law R.A. No. 8806, an (Act Creating The date must be reckoned from the date of the effectivity of the law.
City Of Sorsogon). Pursuant to Section 10, Article X of the
Constitution, COMELEC conducted a plebiscite in the
Municipalities of Bacon and Sorsogon and submitted the matter for Pelaez vs. Auditor General (1965)
ratification. The Plebiscite City Board of Canvassers (PCBC)
proclaimed the creation of the City of Sorsogon as having been Facts:
ratified and approved by the majority of the votes cast in the From Sept 4 - Oct 29,1964 the President of the Philippines,
plebiscite. Cawaling, filed on 2 petitions seeking the annulment of purporting to act pursuant to Sec 68 of the Revised Administrative
the plebiscite and seeking to enjoin the further implementation of Code, issued EOs 93 to 121, 124 and 126 to 129, creating 33
R.A. No. 8806 for being unconstitutional. "During the pendency of municipalities. Soon after V.P. Pelaez instituted an action against
these cases (May 2001 elections), the newly-created Sorsogon the Auditor General, to restrain him from passing in audit any
City had the first election of its officials. Since then, the City expenditure of public funds in implementation of said executive
Government of Sorsogon has been regularly discharging its orders and/or any disbursement by said municipalities. Pelaez
corporate and political powers pursuant to its charter, R.A. No. alleges that the EOs are null and void, upon the ground that said
8806. Section 68 has been impliedly repealed by RA 2370 (Barrio
Charter Act) and constitutes an undue delegation of legislative
Held: RA 8806 constitutional and plebiscite valid. power.
Petitioner's constricted reading of Section 450(a) of the Code is
erroneous. The phrase "A municipality or a cluster of barangays Held: EOs were null and void.
may be converted into a component city" is not a criterion but

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 31 -
When Republic Act No. 2370 became effective, barrios may "not creating a barrio does not, warrant the inference of statutory
be created or their boundaries altered nor their names changed" prohibition for creating a municipality. For although municipalities
except by Act of Congress or of the corresponding provincial board consist of barrios, there is nothing in the statute that would
"upon petition of a majority of the voters in the areas affected" and preclude creation of new municipalities out of pre-existing barrios.
the "recommendation of the council of the municipality or It is not contrary to the logic of local autonomy to be able to create
municipalities in which the proposed barrio is situated." larger political units and unable to create smaller ones. The smaller
the unit of local government, the lesser is the need for the national
Respondent claims the President can upon the theory that a new government's intervention in its political affairs. Furthermore, for
municipality can be created without creating new barrios, such as, practical reasons, local autonomy cannot be given from the top
by placing old barrios under the jurisdiction of the new municipality. downwards. The national government, in such a case, could still
This theory overlooks, that the statutory denial of the presidential exercise power over the supposedly autonomous unit, e.g.,
authority to create a new barrio implies a negation of the bigger municipalities, by exercising it over the smaller units that comprise
power to create municipalities, each of which consists of several them, e.g., the barrios. A realistic program of decentralization
barrios. Founded upon logic and experience, it cannot be offset therefore calls for autonomy from the bottom upwards, so that it is
except by a clear manifestation of the intent of Congress to the not surprising for Congress to deny the national government some
contrary, and no such manifestation, subsequent to the passage of power over barrios without denying it over municipalities. For this
Republic Act No. 2370. has been brought to our attention. reason, I disagree with the majority view that because the
President could not create a barrio under Republic Act 2370, a
Respondent alleges that the power of the President to create fortiori he cannot create a municipality.
municipalities under section 68 of the Revised Administrative Code
does not amount to an undue delegation of legislative power,
relying upon the allegedly settled case of Municipality of Cardona  If a municipality entered into contracts before the declaration
vs. Municipality of Binañgonan (36 Phil. 547). Such claim is of nullity, it must still comply with it since the operative fact is that
untenable, for said case involved, not the creation of a new its rights and obligations must be complied with. (Municipality of
municipality, but a mere transfer of territory — from an already Malabang case).
existing municipality (Cardona) to another municipality
(Binañgonan), likewise, existing at the time of and prior to said
transfer in consequence of the fixing and definition, pursuant to Act  Not all LGUs created by Executive void. In the Municipality of
No. 1748, of the common boundaries of two municipalities. San Narcisco case, the municipal district was a de facto
corporaton for only after 30 year of existing was it questioned; All
It is obvious, however, that the power to fix such common those years government had acknowledged its existence plus Sec
boundary, in order to avoid or settle conflicts of jurisdiction 442(d) cures defect.
between adjoining municipalities, may partake of an administrative
nature but the authority to create municipal corporations is Aboli tion
essentially legislative in nature.
Although Congress may delegate to another branch of the Sultan Usman Sarangani vs. COMELEC (2000)
government the power to fill in the details in the execution,
enforcement or administration of a law, it is essential, to forestall a Facts:
violation of the principle of separation of powers, that said law: (a) A petition for annulment of several precincts and of book voters in
be complete in itself — it must set forth therein the policy to be Mandalum, Lanao del Sur was filed with COMELEC. Mandalum
executed, carried out or implemented by the delegate — and (b) fix Mayor Usman Sarangani and 23 brgy chairmen opposed the
a standard — the limits of which are sufficiently determinate or petition and claimed that the petition was for the purpose of
determinable — to which the delegate must conform in the diminishing the bailiwicks of the mayor. A Task Force Investigation
performance of his functions. Section 68 of the Revised Team was created to investigate the alleged ghost precincts. It
Administrative Code does not meet these requirements for a valid reported that:
delegation of the power to fix the details in the enforcement of a the supposed Brgy Padian Torogan (PT) means a cemetery
law. Even if it did not entail an undue delegation of legislative and not a residential place
powers, as it certainly does, said Section 68, as part of the only 2 structures in the area i.e. roofless concrete house and
Revised Administrative Code, approved on March 10, 1917, must wooden structure w/out walls and roof
be deemed repealed by the subsequent adoption of the no one answered affirmatively when asked if they were
Constitution, in 1935, which is utterly incompatible and inconsistent registered voters or residents of brgy PT.
with said statutory enactment. On the basis of the report, COMELEC issued an order finding PT
as ghost precinct and that it shall be excluded from the special
BENGZON, J.P., J., concurring and dissenting: elections in Mandalum. Sarangani filed this petition urging the
Since the Constitution repealed Section 68 as far back as 1935, it nullification of the COMELEC order.
is academic to ask whether Republic Act 2370 likewise has
provisions in conflict with Section 68 so as to repeal it. Suffice it to Held: COMELEC did not act with GAOD.
state, at any rate, that statutory prohibition on the President from

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 32 -
The determination of WON a certain election precinct actually The issuance of the COMELEC resolution in this case was
exists or not and whether the voters registered in said precinct are pursuant to Sec. 10 of LGCode and is thus a ministerial duty of the
real voters is a factual matter which if based on duly supported by COMELEC that is enjoined by law and part and parcel of its
evidence are conclusive upon the SC, more so in the absence of a administrative functions. It involves no exercise of discretionary
substantiated attack on the validity of the same. Upon the records, authority. It is also not an exercise of quasi-judicial power to hear
SC found that COMELEC had exerted efforts to investigate and and resolve controversies defining the rights and duties of the
verify the facts in the report, hence its conclusion that there were parties relative to the conduct of elections of public officers and the
no inhabitants in PT. If there were no inhabitants, then there can be enforcement of election laws.
no registered voters or the registered voters may have left.
The COMELEC resolution was merely an incident of its inherent
It is not impossible for a certain brgy not to actually have any administrative functions over the conduct of plebiscites, thus it may
inhabitants considering that people migrate. A barangay may not be deemed a “final order” reviewable by the SC. Any question
officially exist on record and the fact that nobody resides in the pertaining to the validity of the resolutions may well be taken in an
place does not result in its automatic cessation as a unit of local ordinary civil actions before RTC.
government. Under the LGCode, the abolition of a government unit
may be done by Congress in the case of a province, city,
municipality or any other political subdivision. In the case of a brgy, Inc ome
except in Metro Manila and cultural communities, it may be done
by the Sangguniang Panlalawigan or Panglungsod concerned Alvarez vs. Guingona (1996)
subject to the mandatory requirement of a plebiscite conducted for
the purpose in the political units affected. Facts:
Petitioners, assail the validity of RA7720 (Santiago City Act)
The right of suffrage is not tampered with when a list of fictitious because: (1) It allegedly did not originate exclusively in the House
voters is excluded from an electoral exercise. No voter is of Representatives as mandated by Sec24, Art6 of the 1987
disenfranchised because no such voter exists. Such exclusion of Constitution and (2) the Municipality of Santiago has not met the
non-existent voters all the more protects the validity and credibility minimum average annual income required under Sec450 of
of the electoral process because electoral will would not be 1991LGC in order to be converted into a component city.
rendered nugatory.
Held: RA 7720 complied with Const requirements.
Petitioners’ claim that the law did not originate exclusively in the
Salva vs. Makalintal (2000) House of Representatives because a bill of same import (SB1243)
was passed in the Senate is untenable because it cannot be
Facts: denied that HB8817 was filed in the House first (April 19, 1993)
The Sangguniang Panlalawigan (SP) of Batangas issued an before SB1243 was filed in the Senate (May 19, 1993), which they
Ordinance abolishing Brgy. San Rafael and its merger with Brgy. themselves admitted. Senate clearly held in abeyance any action
Dacanlao and instructed COMELEC to conduct the required on SB1243 until it received HB9917 already approved on 3rd
plebiscite. The Ordinance was vetoed by the Governor. Hence, the reading from the House. The filing in the Senate of a substitute bill
SP issued a Resolution affirming the ordinance and overriding the in anticipation of its receipt of the bill from the House does not
veto of the Governor. COMELEC then issued the a Resolution contravene the Constitution.
providing for the rules and regulations governing the conduct of the
plebiscite. Petitioners filed a class suit against SP of Batangas, SB Santiago has met the minimum requirement. IRAs form part of the
of Calaca for the annulment of the Ordinance and the resolutions. income of LGUs. They are items of income because they form part
TC denied issuance of TRO in an Order saying that the TRO of the gross accretion of the funds of the LGU. They regularly and
sought is directed only to the COMELEC Resolution and action automatically accrue to the local treasury without need of any
against a COMELEC resolution must be brought before further action on the part of the LGU. (Sec7, LGC) They thus
SC.Petitioners contend that RTC has jurisdiction over TRO. constitute income which the local government can invariably rely
upon as the source of much needed funds.
Held: RTC has jurisdiction over TRO.
Sec. 7, Art. IX-A of 1987 Consti provides that any decision, order or
ruling of each Commission such as COMELEC, may be brought on Sub -Pr ov in ce s
certiorari to SC by the aggrieved party w/in 30 days from receipt.
The COMELEC’s powers are classified either as 1987 Constitution, Art XVIII: Transitory Provisions
adjudicatory/quasi-judicial or administrative or ministerial. Final Sec9: A sub-province shall continue to exist and operate until it is
orders, rulings and decisions of COMELEC reviewable by SC are converted into a regular province or until its component
those rendered in actions or proceedings before COMELEC and municipalities are reverted to the mother province.
taken cognizance of said body in the exercise of its adjudicatory or
quasi-judicial powers.

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 33 -
Local Government Code (1991) – RA7160 from voting provincial officers since LGC had no specific provision
Sec462. Existing Sub-Provinces – Existing sub-provinces are that sub-province voters shall no longer be allowed to vote for
hereby converted into regular provinces upon approval by a provincial officers in case they vote against conversion
majority of the votes cast in a plebiscite to be held in the said
sub-provinces and the original provinces directly affected. The Held: COMELEC acted without jurisdiction.
plebiscite shall be conducted by the COMELEC simultaneously Although Sec 462 LGC completely addresses an eventuality where
with the national elections following the effectivity of this Code. people of both the original and the new district (to be created)
The new legislative districts created as a result of such agree to the proposed creation of the new district (by appointment
conversion shall continue to be represented in Congress by the of President, if none appointed yet, of the provincial officers of new
duly-elected representatives of the original districts out of which district), the provision is incomplete if the proposed conversion is
said new provinces or districts were created until their own rejected by those affected.
representatives shall have been elected in the next regular Whatever incumbent elective positions exist under the present set-
congressional elections and qualified. up, it appears that in case of a negative vote, these sub-provincial
The incumbent elected officials of the said sub-provinces positions shall be filled by appointment of the President. But it
converted into regular provinces shall continue to hold office failed to foresee that in the event the negative vote prevails
until June 30, 1992. Any vacancy occurring in the offices naturally, the sub-province shall continue to be a part of the original
occupied by said incumbent elected officials, or resulting from province and continue to be represented by the provincial officials
expiration of their terms of office in case of a negative vote in the of the original province.
plebiscite results, shall be filled by appointment by the
President. The appointees shall hold office until their successors However, it would be useless to undo the plebiscite
shall have been elected in the regular local elections following conducted by COMELEC.
the plebiscite mentioned herein and qualified. After effectivity of  Voters overwhelmingly voted for the approval of the conversion
such conversion, the President shall fill up the position of of Guimaras into a regular province. In this event, President shall
governor of the newly-created province through appointment if appoint the provincial officials for the newly created province of
none has yet been appointed to the same as hereinbefore Guimaras (which in fact President had already done). Guimaras
provided, and shall also appoint a vice-governor and the other being a regular and politically independent province from Iloilo,
members of the sangguniang panglalawigan, all of whom shall there is no more legal basis to call for a special election for the
likewise hold office until their successors shall have been 3municipalities in Guimaras for purpose of electing their provincial
elected in the nest regular local elections and qualified. officials.
All qualified appointive officials and employees in the career
service of the said sub-provinces at the time of their conversion TRIVIA: In Guimaras , you can eat its famous mangoes but you
into regular provinces shall continue in office in accordance with cannot take home the mango seed (“buto ng mangga”).
civil service law, rules and regulations.

Griño vs. COMELEC (1992) Selection and Transfer of Local Government Sites

Facts: Sec11, LGC: Selection and Transfer of Local Government Site,


Sub-province of Guimaras is composed of 3 municipalities which Offices and Facilities –
constitute a part of 2nd district of Iloilo. In previous elections, voters (a) The law or ordinance creating or merging local government
from the 3 municipalities were allowed to vote for the provincial units shall specify the seat of government from where
officials of entire province of Iloilo. governmental and corporate services shall be delivered. In
When 1991LGC came into effect, Sec462 called for the conversion selecting said site, factors relating to geographical
of existing subprovinces into regular provinces upon approval by a centrality, accessibility, availability of transportation and
majority of the votes cast in a plebiscite to be held in the areas communication facilities, drainage and sanitation,
directly affected by the conversion. It also directed holding of development and economic progress, and other relevant
plebiscite simultaneously with national elections following considerations shall be taken into account.
effectivity of LGC. (b) When conditions and developments in the local
COMELEC conducted a plebiscite for the conversion of Guimaras government unit concerned have significantly changed
simultaneously with the May1992 elections. It issued rules and subsequent to the establishment of the seat of government,
regulations governing the plebiscite – that all registered voters of its sanggunian may, after public hearing and by a vote of
Iloilo (except Iloilo City) and Guimaras qualified to vote in the 2/3 of all its members, transfer the same to a site better
provincial elections were qualified to vote in the plebiscite. suited to its needs: Provided, however, That no such
The ballots used contained the plebiscite question but petitioners transfer shall be made outside the territorial boundaries of
observed that ballots distributed to 3municipalities of Guimaras did the local government unit concerned.
not contain any space or provision for election of provincial The old site, together with the improvements thereon, may
officials. Petitioners allege that COMELEC acted without be disposed of by sale or lease or converted to such other
jurisdiction and with GAOD when it disallowed Guimaras voters

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 34 -
use as the sanggunian concerned may deem beneficial to Lastly, RA 8535 does not amend the Constitution. The Ordinance
the local government unit concerned and its inhabitants. attached to the Constitution merely apportions the seats of the
(c) Local government offices and facilities shall not be House of Representatives to the different legislative districts.
transferred, relocated, or converted to other uses unless Nowhere does it provide that Metro Manila shall be forever be
public hearings are first conducted for the purpose and the composed of only 0f 17 cities and municipalities.
concurrence of the majority of all the members of the
sanggunian concerned is obtained. Political and Corporate Nature of Local Government Units

Sec5, LGC: Rules of Interpretation – In the interpretation of the


Samson vs. Aguirre (1999) provisions of this Code, the following rules shall apply:
xxx
Facts: (d) Rights and obligations existing on the date of effectivity of
In 1998, President Ramos signed into law RA 8535 creating the this Code and arising out of contracts or any other source of
City of Novaliches, out of 15 barangays of QC. Petitioner prestation involving a local government unit shall be governed
challenges the constitutionality of RA 8535 because (1) RA 8535 by the original terms and conditions of said contracts or the law
failed to conform with the LGC, Sec 7, 11 (a) and 450 (a) as to in force at the time such rights were vested; and
requirements of income, population, and land area, seat of xxx
government and no adverse effect to Quezon City; (2) RA 8535
violated IRR 11(b) (1) and (2) as to furnishing a copy of the petition Sec15, LGC: Political and Corporate Nature of LGUs – Every
calling creation of Novaliches City to the QC Council and (3) RA local government unit created or recognized under this Code is
8535 will amend the Constitution a body politic and corporate endowed with powers to be
exercised by it in conformity with law. As such, it shall exercise
Held: NO, RA 8535 perfectly lawful and constitutional. powers as a political subdivision of the National Government
Rule: Every statue is presumed valid. Petitioner did not overcome and as a corporate entity representing the inhabitants of its
the presumption of validity. territory.
As to alleged lack of certifications: Petitioner did not present proof,
but only mere allegations, that no certifications were submitted to
the House of Representatives Committee on Local Government. Lidasan vs. COMELEC (1964)
So presumption stands that the law was passed had complied with
all the requisites. Facts:
On June 18, 1966, the Chief Executive signed into law known as
As to petitioner's argument that the oral manifestations made by RA 4790 creating the new municipality of Dianaton, Lanao del Sur.
the above mentioned gov't representatives were not enough Some of the barrios included in the new municipality came from
certification: the government officials were armed with official municipalities of Cotabato. Prompted by the coming elections,
statistics and reference materials. Petitioner also failed to show Comelec adopted its resolution of August 15, 1967, which affirms
that aside from the oral manifestations, these government officials the new municipality. As the law stood, twelve barrios - in two
did not submit written certifications. Hence, SC shall presume that municipalities in the province of Cotabato — are transferred to the
these requirements were met on the passage of the legislative act. province of Lanao del Sur. This brought about a change in the
boundaries of the two provinces. Apprised of this development, the
As to failure to specify the seat of government (as required by sec Office of the President, through the Assistant Executive Secretary,
11 of the LGC): Indeed, RA 8535 failed to provide for a seat of recommended to Comelec that the operation of the statute be
government for Novaliches. But this omission is not fatal to the suspended until "clarified by correcting legislation."
validity of RA 8535. Under section 12 of the LGC, Novaliches may Comelec, by resolution of September 20, 1967, stood by its own
still establish a seat of government after its creation. Note that interpretation, declared that the statute "should be implemented
while sec 12 of the LGC merely speaks of the site of government unless declared unconstitutional by the Supreme Court." Hence
centers, such site can also very well be the seat of government. the original action for certiorari and prohibition by Bara Lidasan.
As to adverse effect to QC: QC Mayor Ismael Mathay Jr. himself, Held: RA 4790 is unconstitutional.
who was present during the deliberations in the Senate committee
hearings, made no mention of any deleterious effects. It suffices if the title should serve the purpose of the constitutional
demand that it inform the legislators, the persons interested in the
As to the fact that the QC Council was not furnished a copy of the subject of the bill, and the public, of the nature, scope and
petition: the purpose of this IRR requirement is to duly inform the consequences of the proposed law and its operation. And this, to
local council of such petition and for them to have an opportunity to lead them to inquire into the body of the bill, study and discuss the
formulate comments. The matter at hand is widely publicized same, take appropriate action thereon, and, thus, prevent surprise
already in the media. Hence, the Council can not claim they were or fraud upon the legislators.
not informed. In the CAB, the title — "An Act Creating the Municipality of
Dianaton, in the Province of Lanao del Sur" — projects the

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 35 -
impression that solely the province of Lanao del Sur is affected by itself suffice for a finding of nullity by virtue of the constitutional
the creation of Dianaton. Not the slightest intimation is there that provision invoked. At the most, the statute to be free from the
communities in the adjacent province of Cotabato are incorporated insubstantial doubts about its validity must be construed as not
in this new Lanao del Sur town. The phrase "in the Province of including the barrios, located not in the municipalities of Butig and
Lanao del Sur," read without subtlety or contortion, makes the title Balabagan, Lanao del Sur, but in Parang and Buldon, Cotabato.
misleading, deceptive. For, the known fact is that the legislation The constitutional requirement is that no bill which may be enacted
has a two-pronged purpose combined in one statute: (1) it creates into law shall embrace more than one subject which shall be
the municipality of Dianaton purportedly from twenty-one barrios in expressed in the title of the bill. It is aimed against the evils of the
the towns of Butig and Balabagan, both in the province of Lanao so-called omnibus bills, and log-rolling legislation, and against
del Sur; and (2) it also dismembers two municipalities in Cotabato, surreptitious or unconsidered enactments. Where the subject of a
a province different from Lanao del Sur. bill is limited to a particular matter, the members of the legislature
The transfer of a sizeable portion of territory from one province to as well as the people should be informed of the subject of
another of necessity involves reduction of area, population and proposed legislative measures. This constitutional provision thus
income of the first and the corresponding increase of those of the precludes the insertion of riders in legislation, a rider being a
other. This is as important as the creation of a municipality. And provision not germane to the subject matter of the bill.
yet, the title did not reflect this fact. It is not to be narrowly construed though as to cripple or impede
proper legislation. The construction must be reasonable and not
RA 4790 cannot salvaged by th nullification of the portion which technical. It is sufficient if the title be comprehensive enough
took away the twelve barrios in the municipalities of Buldon and reasonably to include the general object which the statute seeks to
Parang in the other province of Cotabato. effect without expressing each and every end and means
The general rule is that where part of the statute is void, as necessary for the accomplishment of that object. Mere details need
repugnant to the Organic Law, while another part is valid, the valid not be set forth. The legislature is not required to make the title of
portion, if separable from the invalid, may stand and be enforced. the act a complete index of its contents. The constitutional
But in order to do this, the valid portion must be so far independent provision is satisfied if all parts of an act which relates to its subject
of the invalid portion that it is fair to presume that the Legislature find expression in its title.
would have enacted it by itself if they had supposed that they could It would follow therefore that the challenged legislation Republic
not constitutionally enact the other. Act No. 4790 is not susceptible to the indictment that the
Municipal corporations perform twin functions. Firstly. They serve constitutional requirement as to legislation having only one subject
as an instrumentality of the State in carrying out the functions of which should be expressed in his title was not met. The subject
government. Secondly. They act as an agency of the community in was the creation of the municipality of Dianaton. That was
the administration of local affairs. It is in the latter character that embodied in the title.
they are a separate entity acting for their own purposes and not a To avoid any doubt as to that validity of such statue, it must be
subdivision of the State. construed as to exclude from Dianaton all of such barrios
Consequently, several factors come to the fore in the consideration mentioned in RA 4790 found in municipalities outside Lanao del
of whether a group of barrios is capable of maintaining itself as an Sur. As thus interpreted, the statute can meet the test of the most
independent municipality. Amongst these are population, territory, rigid scrutiny. Nor is this to do violence to the legislative intent.
and income. It was apparently these same factors which induced What was created was a new municipality from barrios named as
the writing out of House Bill 1247 creating the town of Dianaton. found in Lanao del Sur. This construction assures precisely that.
When the foregoing bill was presented in Congress,
unquestionably, the totality of the twenty-one barrios— not nine
barrios—was in the mind of the proponent thereof. That this is so, Torio vs. Fontanilla (1978)
is plainly evident by the fact that the bill itself, thereafter enacted
into law, states that the seat of the government is in Togaig, which Facts:
is a barrio in the municipality of Buldon in Cotabato. And then the The Municipal Council of Malasiqui, Pangasinan, resolved to
reduced area poses a number of questions, which the SC may not celebrate the town fiesta and created a "Town Fiesta Executive
supply the answer to any of these. With the known premise that Committee" to undertake, manage and supervise the festivities.
Dianaton was created upon the basic considerations of The Executive Committee created a sub-committee on
progressive community, large aggregate population and sufficient "Entertainment and Stage", which constructed two stages, one for
income, we may not now say that Congress intended to create the "zarzuela" and another for "cancionan." During the program
Dianaton with only nine—of the original twenty-one—barrios, with people went up the "zarzuela" stage and before the play was over
a seat of government still left to be conjectured. For, this unduly the stage collapsed, pinning underneath one of the performers,
stretches judicial interpretation of congressional intent beyond resulting in his death.
credibility point. To do so, indeed, is to pass the line which The heirs of the deceased sued the municipality and the councilors
circumscribes the judiciary and tread on legislative premises. for damages. The municipality invoked inter alia the principal
defense that the holding of a town fiesta was an exercise of its
FERNANDO, J., dissenting: governmental function from which no liability can arise to answer
The mere fact that in the body of such statute barrios found in two for the negligence of any of its agents. The councilors maintained
other municipalities of another province were included does not of

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 36 -
that they merely acted as agents of the municipality in carrying out they may justly be regarded as its agents or servants, and the
the municipal ordinance. maxim of respondent superior applies." . . . (Dillon on Municipal
The trial court dismissed the complaint of a finding that the Corporations, 5th Ed., Vol. IV, p. 2879)
petitioners exercised due diligence and care of a good father of a
family in selecting a competent man to construct the stage and if it
collapsed it was due to forces beyond the control of the committee City of Manila vs. IAC (1989)
on entertainment and stage.
The Court of Appeals reversed. Facts:
In 1971, Vivencio Sto. Domingo died and was buried in the North
Held: The celebration a town fiesta is an undertaking in the Cemetery (NC; Lot 159), leased by the City to wife Irene for 50 yrs.
exercise of a municipality's government proprietary character Full payment of the rental fee is evidenced by official receipt which,
thus is liable. although appearing regular on its face, does not reflect the term of
The powers of a municipality are twofold in character — public, duration of the lease. City Mayor issued an Admin Order which
governmental, or political on the one hand, and corporate, private, prescribes a uniform procedure and guidelines in the processing of
or proprietary on the other. Governmental powers are those documents for the use and disposition of burial lots and plots within
exercised by the corporation in administering the powers of the NC. By virtue of said AO, it was believed that Lot 159 was leased
state and promoting the public welfare and they include the only for 5 years to the Sto. Domingos. In 1978, Vivencio’s remains
legislative, judicial, public, and political, Municipal powers on the were exhumed and placed in a bag and placed in the depository of
other hand are exercised for the special benefit and advantage of the cemetery. Sto. Domingos visited the lot but found a new lessee
the community and include those which are ministerial, private and therein. They inquired about the remains of Vivencio and was told
corporate. that she can simply look for the remains of her husband in the
warehouse of the cemetery. Irene claims that it was impossible to
In the CAB, Section 2282 of the Chapter on Municipal Law of the locate the remains of Vivencio in a depository containing
Revised Administrative Code simply gives authority to the thousands of sacks of human bones. Irene claims damages. City
municipality to accelebrate a yearly fiesta but it does not impose says it isn’t liable since operation of a public cemetery is a
upon it a duty to observe one. Holding a fiesta even if the purpose governmental function.
is to commemorate a religious or historical event of the town is in
essence an act for the special benefit of the community and not for Held: The operations and functions of a public cemetery is a
the general welfare of the public performed in pursuance of a proprietary function of the City
policy of the state. The mere fact that the celebration, as claimed, City of Manila is a political body corporate and as such is endowed
was not to secure profit or gain but merely to provide entertainment with the faculties of municipal corporations to be exercised by and
to the town inhabitants is not a conclusive test. For instance, the through its city government in conformity with law, and in its
maintenance of parks is not a source of income for the town, corporate name. It may therefore sue and be sued, and contract
nonetheless it is private undertaking as distinguished from the and be contracted with.
maintenance of public schools, jails, and the like which are for
public service. Easily, no governmental or public policy of the state Maintenance of parks, golf courses, cemeteries and airports,
is involved in the celebration of a town fiesta. among others, are recognized as municipal or city activities of a
proprietary character.
Since the injury was caused respect to the municipality’s
proprietary functions, the settled rule is that a municipal In the absence of special laws, the NC is a patrimonial property
corporation can be held liable to third persons ex contractu or ex (see Art 424 CC) of the City over which it exercises acts of
delicto if found negligent, which the CA found and held that there dominion. There is therefore no doubt that the NC is owned by the
was negligence. City in its proprietary or private character.
The municipality acting through its municipal council appointed The obligations arising from the contract of lease has the force of
Macaraeg as chairman of the sub-committee on entertainment and law between the parties in the CAB. The City’s breach of a
in charge of the construction of the "zarzuela" stage. Macaraeg contractual provision entitles the Sto. Domingos to damages
acted merely as an agent of the Municipality. Under the doctrine of
respondent superior mentioned petitioner is responsible or liable Under the doctrine of respondeat superior, the City is liable for the
for the negligence of its agent acting within his assigned tasks. tortius acts committed by its agents who failed to verify and check
". . . when it is sought to render a municipal corporation liable for the duration of the contract of lease.
the act of servants or agents, a cardinal inquiry is, whether they
are the servants or agents of the corporation. If the corporation
appoints or elects them, can control them in the discharge of their
Macasiano vs. Diokno
duties, can continue or remove them, can hold them responsible
for the manner in which they discharge their trust, and if those
duties relate to the exercise of corporate powers, and are for the Facts:
peculiar benefit of the corporation in its local or special interest, Municipality of Paranaque passed an Ordinance which authorized
the (1) closure of certain streets at Baclaran and (2) the

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 37 -
establishment of a flea market thereon. Such was passed encourage and support the development of appropriate and self-
pursuant to an MMC Ordinance authorizing and regulating the use reliant scientific and technological capabilities, improve public
of certain city streets, roads and open spaces within M.Mla. as morals, enhance economic prosperity and social justice,
sites for flea markets or vending areas. Ordinance was later promote full employment among their residents, maintain peace
approved by the M.Mla Authority subject to the certain conditions. and order, and preserve the comfort and convenience of their
Paranaque mayor entered into an agreement with Palanyag, a inhabitants.
service cooperative, for the establishment and operation of the flea
market. PNP Superintendent Macasiano ordered the confiscation Sangguniang Barangay
of stalls put up by Palanyag and the discontinuation of the Sec391, LGC: Powers, Duties, and Functions. – (a) The
operation of the flea market. TC upheld validity of Ordinance No. sangguniang barangay, as the legislative body of the barangay,
86 and enjoined Macasiano from enforcing his letter-order. shall:
(1) Enact ordinances as may be necessary to discharge the
Held: The ordinance by Paranaque authorizing the lease and responsibilities conferred upon it by law or ordinance and
use of public streets or thoroughfares as sites for flea market to promote the general welfare of the inhabitants therein;
is invalid. (2) Enact tax and revenue ordinances, subject to the
Streets are local roads used for public service and are therefore limitations imposed in this Code;
considered public properties. Properties of the local government (3) Enact annual and supplemental budgets in accordance
which are devoted to public service are deemed public and are with the provisions of this Code;
under the absolute control of Congress. Hence, local govts. Have (4) Provide for the construction and maintenance of
no authority whatsoever to control or regulate the use of public barangay facilities and other public works projects
properties unless specific authority is vested upon them by chargeable to the general fund of the barangay or such
Congress. other funds actually available for the purpose;
(5) Submit to the sangguniang panlungsod or sangguniang
Sec 10 Chapter II of the LGC, although authorizing LGUs to close bayan such suggestions or recommendations as it may
roads and similar public places, should be deemed limited by Art see fit for the improvement of the barangay or for the
424 CC which provides that properties of public dominion devoted welfare of the inhabitants thereof;
to public use and made available to the public in general are (6) Assist in the establishment, organization, and promotion
outside the commerce of man and cannot be disposed of or leased of cooperative enterprises that will improve the economic
by the LGC to private persons. condition and well-being of the residents;
(7) Regulate the use of multi-purpose halls, multi- purpose
Closure should be for the sole purpose of withdrawing the road or pavements, grain or copra dryers, patios and other post-
other public property from public use when circumstances show harvest facilities, barangay waterworks, barangay
that such property is no longer intended or necessary for public markets, parking areas or other similar facilities
use or service. When the property is already withdrawn from constructed with government funds within the jurisdiction
public use, it becomes patrimonial property of the LGU which it can of the barangay and charge reasonable fees for the use
then lawfully use or convey. thereof;
(8) Solicit or accept monies, materials and voluntary labor for
The right of the public to use the city streets may not be bargained specific public works and cooperative enterprises of the
away through contract. barangay from residents, land owners, producers and
merchants in the barangay; monies from grants-in-aid,
Even assuming that the municipality has the authority to pass the subsidies, contributions, and revenues made available to
disputed ordinance, it cannot be considered approved by the the barangays from national, provincial, city or municipal
M.Mla. Authority due to non-compliance with the imposed funds; and monies from other private agencies and
conditions. Also, the establishment of the flea market would not individuals: Provided, however, That monies or properties
help in solving the problem of congestion in Baclaran. donated by private agencies and individuals for specific
purposes shall accrue to the barangay as trust fund;
(9) Solicit or accept, in any or all the foregoing public works
General Welfare Clause and cooperative enterprises, such cooperation as is made
available by national, provincial, city, or municipal
Sec16, LGC: General Welfare. – Every local government unit agencies established by law to render financial, technical,
shall exercise the powers expressly granted, those necessarily and advisory assistance to barangays and to barangay
implied therefrom, as well as powers necessary, appropriate, or residents: Provided, however, That in soliciting or
incidental for its efficient and effective governance, and those accepting such cooperation, the sangguniang barangay
which are essential to the promotion of the general welfare. need not pledge any sum of money for expenditure in
Within their respective territorial jurisdictions, local government excess of amounts currently in the barangay treasury or
units shall ensure and support, among other things, the encumbered for other purposes;
preservation and enrichment of culture, promote health and (10) Provide compensation, reasonable allowances or per
safety, enhance the right of the people to a balanced ecology, diems as well as travel expenses for sangguniang

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 38 -
barangay members and other barangay officials, subject (24) Exercise such other powers and perform such other
to the budgetary limitations prescribed under Title Five, duties and functions as may be prescribed by law or
Book II of this Code: Provided, however, That no increase ordinance.
in the com- pensation or honoraria of the sangguniang
barangay members shall take effect until after the Sangguniang Bayan
expiration of the full term of all members of the Sec447, LGC: Powers, Duties, Functions and Compensation. –
sangguniang barangay approving such increase; (a) The sangguniang bayan, as the legislative body of the
(11) Hold fund-raising activities for barangay projects without municipality, shall enact ordinances, approve resolutions and
the need of securing permits from any national or local appropriate funds for the general welfare of the municipality and
office or agency. The proceeds from such activities shall its inhabitants pursuant to Section 16 of this Code and in the
be tax-exempt and shall accrue to the general fund of the proper exercise of the corporate powers of the municipality as
barangay: Provided, That in the appropriation thereof, the provided for under Section 22 of this Code, and shall:
specific purpose for which such fund-raising activity has (1) Approve ordinances and pass resolutions necessary for
been held shall be first satisfied: Provided, further, That an efficient and effective municipal government, and in
no fund-raising activities shall be held within a period of this connection shall:
sixty (60) days immediately preceding and after a national (i) Review all ordinances approved by the
or local election, recall, referendum, or plebiscite: sangguniang barangay and executive orders
Provided, finally, That said fund-raising activities shall issued by the punong barangay to determine
comply with national policy standards and regulations on whether these are within the scope of the
morals, health, and safety of the persons participating prescribed powers of the sanggunian and of the
therein. The sangguniang barangay, through the punong punong barangay;
barangay, shall render a public accounting of the funds (ii) Maintain peace and order by enacting measures
raised at the completion of the project for which the fund- to prevent and suppress lawlessness, disorder,
raising activity was under- taken; riot, violence, rebellion or sedition and impose
(12) Authorize the punong barangay to enter into contracts in penalties for the violation of said ordinances;
behalf of the barangay, subject to the provisions of this (iii) Approve ordinances imposing a fine not
Code;
exceeding Two thousand five hundred pesos
(13) Authorize the barangay treasurer to make direct
(P=2,500.00) or an imprisonment for a period not
purchases in an amount not exceeding One thousand
exceeding six (6) months, or both in the discretion
pesos (P1,000.00) at any one time for the ordinary and
of the court, for the violation of a municipal
essential administrative needs of the barangay;
ordinance;
(14) Prescribe fines in amounts not exceeding One thousand
(iv) Adopt measures to protect the inhabitants of the
pesos (P1,000.00) for violation of barangay ordinances;
municipality from the harmful effects of man-
(15) Provide for the administrative needs of the lupong
made or natural disasters and calamities and to
tagapamayapa and the pangkat ng tagapagkasundo;
provide relief services and assistance for victims
(16) Provide for the organization of community brigades,
during and in the aftermath of said disasters or
barangay tanod, or community service units as may be
calamities and their return to productive livelihood
necessary;
following said events;
(17) Organize regular lectures, programs, or fora on
(v) Enact ordinances intended to prevent, suppress
community problems such as sanitation, nutrition, literacy,
and impose appropriate penalties for habitual
and drug abuse, and convene assemblies to encourage
drunkenness in public places, vagrancy,
citizen participation in government;
mendicancy, prostitution, establishment and
(18) Adopt measures to prevent and control the proliferation of
maintenance of houses of ill repute, gambling and
squatters and mendicants in the barangay;
other prohibited games of chance, fraudulent
(19) Provide for the proper development and welfare of
devices and ways to obtain money or property,
children in the barangay by promoting and supporting
drug addiction, maintenance of drug dens, drug
activities for the protection and total development of
pushing, juvenile delinquency, the printing,
children, particularly those below seven (7) years of age;
distribution or exhibition of obscene or
(20) Adopt measures towards the prevention and eradication
pornographic materials or publications, and such
of drug abuse, child abuse, and juvenile delinquency;
other activities inimical to the welfare and morals
(21) Initiate the establishment of a barangay high school,
of the inhabitants of the municipality;
whenever feasible, in accordance with law;
(vi) Protect the environment and impose appropriate
(22) Provide for the establishment of a non-formal education
penalties for acts which endanger the
center in the barangay whenever feasible, in coordination
environment, such as dynamite fishing and other
with the Department of Education, Culture and Sports, ;
forms of destructive fishing, illegal logging and
(23) Provide for the delivery of basic services; and
smuggling of logs, smuggling of natural resources
products and of endangered species of flora and
fauna, slash and burn farming, and such other

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 39 -
activities which result in pollution, acceleration of (ii) Subject to the provisions of Book II of this Code
eutrophication of rivers and lakes, or of ecological and applicable laws and upon the majority vote
imbalance; of all the members of the sangguniang bayan,
(vii) Subject to the provisions of this Code and enact ordinances levying taxes, fees and
pertinent laws, determine the powers and duties charges, prescribing the rates thereof for
of officials and employees of the municipality; general and specific purposes, and granting tax
(viii) Determine the positions and the salaries, wages, exemptions, incentives or reliefs;
allowances and other emoluments and benefits of (iii) Subject to the provisions of Book II of this Code
officials and employees paid wholly or mainly and upon the majority vote of all the members
from municipal funds and provide for of the sangguniang bayan, authorize the
expenditures necessary for the proper conduct of municipal mayor to negotiate and contract loans
programs, projects, services, and activities of the and other forms of indebtedness;
municipal government; (iv) Subject to the provisions of Book II of this Code
(ix) Authorize the payment of compensation to a and applicable laws and upon the majority vote
qualified person not in the government service of all the members of the sangguniang bayan,
who fills up a temporary vacancy or grant enact ordinances authorizing the floating of
honorarium to any qualified official or employee bonds or other instruments of indebtedness, for
designated to fill a temporary vacancy in a the purpose of raising funds to finance
concurrent capacity, at the rate authorized by law; development projects;
(x) Provide a mechanism and the appropriate funds (v) Appropriate funds for the construction and
therefor, to ensure the safety and protection of all maintenance or the rental of buildings for the
municipal government property, public use of the municipality and, upon the majority
documents, or records such as those relating to vote of all the members of the sangguniang
property inventory, land ownership, records of bayan, authorize the municipal mayor to lease
births, marriages, deaths, assessments, taxation, to private parties such public buildings held in a
accounts, business permits, and such other proprietary capacity, subject to existing laws,
records and documents of public interest in the rules and regulations;
offices and departments of the municipal (vi) Prescribe reasonable limits and restraints on
government; the use of property within the jurisdiction of the
(xi) When the finances of the municipal government municipality;
allow, provide for additional allowances and other (vii) Adopt a comprehensive land use plan for the
benefits to judges, prosecutors, public elementary municipality: Provided, That the formulation,
and high school teachers, and other national adoption, or modification of said plan shall be in
government officials stationed in or assigned to coordination with the approved provincial
the municipality; comprehensive land use plan;
(xii) Provide for legal assistance to barangay officials (viii) Reclassify land within the jurisdiction of the
who, in the performance of their official duties or municipality, subject to the pertinent provisions
on the occasion thereof, have to initiate judicial of this Code;
proceedings or defend themselves against legal (ix) Enact integrated zoning ordinances in
action; and, (xiii) Provide for group insurance or consonance with the approved comprehensive
additional insurance coverage for barangay land use plan, subject to existing laws, rules
officials, including members of barangay tanod and regulations; establish fire limits or zones,
brigades and other service units, with public or particularly in populous centers; and regulate
private insurance companies, when the finances the construction, repair or modification of
of the municipal government allow said coverage. buildings within said fire limits or zones in
(2) Generate and maximize the use of resources and accordance with the provisions of the Fire
revenues for the development plans, program objectives Code;
and priorities of the municipality as provided for under (x) Subject to national law, process and approve
Section 18 of this Code with particular attention to agro- subdivision plans for residential, commercial, or
industrial development and countryside growth and industrial purposes and other development
progress, and relative thereto, shall: purposes, and collect processing fees and other
(i) Approve the annual and supplemental budgets charges, the proceeds of which shall accrue
of the municipal government and appropriate entirely to the municipality: Provided, however,
funds for specific programs, projects, services That, where approval by a national agency or
and activities of the municipality, or for other office is required, said approval shall not be
purposes not contrary to law, in order to withheld for more than thirty (30) days from
promote the general welfare of the municipality receipt of the application. Failure to act on the
and its inhabitants;

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 40 -
application within the period stated above shall thereof within the territorial jurisdiction of the
be deemed as approval thereof; municipality;
(xi) Subject to the provisions of Book II of this Code, (vii) Upon approval by a majority vote of all the
grant the exclusive privilege of constructing fish members of the sangguniang bayan, grant a
corrals or fish pens, or the taking or catching of franchise to any person, partnership,
bangus fry, prawn fry or kawag-kawag or fry of corporation, or cooperative to establish,
any species or fish within the municipal waters; construct, operate and maintain ferries,
(xii) With the concurrence of at least two-thirds (2/3) wharves, markets or slaughterhouses, or such
of all the members of the sangguniang bayan, other similar activities within the municipality as
grant tax exemptions, incentives or reliefs to may be allowed by applicable laws: Provided,
entities engaged in community growth-inducing That, cooperatives shall be given preference in
industries, subject to the provisions of Chapter the grant of such a franchise.
5, Title I, Book II of this Code; (4) Regulate activities relative to the use of land, buildings
(xiii) Grant loans or provide grants to other local and structures within the municipality in order to promote
government units or to national, provincial and the general welfare and for said purpose shall:
municipal charitable, benevolent or educational (i) Declare, prevent or abate any nuisance;
institutions: Provided, That said institutions are (ii) Require that buildings and the premises thereof
operated and maintained within the municipality; and any land within the municipality be kept and
(xiv) Regulate the numbering of residential, maintained in a sanitary condition; impose
commercial and other buildings; and, penalties for any violation thereof, or upon
(xv) Regulate the inspection, weighing and failure to comply with said requirement, have
measuring of articles of commerce. the work done and require the owner,
(3) Subject to the provisions of Book II of this Code, grant administrator or tenant concerned to pay the
franchises, enact ordinances authorizing the issuance of expenses of the same; or require the filling up of
permits or licenses, or enact ordinances levying taxes, any land or premises to a grade necessary for
fees and charges upon such conditions and for such proper sanitation;
purposes intended to promote the general welfare of the (iii) Regulate the disposal of clinical and other
inhabitants of the municipality, and pursuant to this wastes from hospitals, clinics and other similar
legislative authority shall: establishments;
(i) Fix and impose reasonable fees and charges (iv) Regulate the establishment, operation and
for all services rendered by the municipal maintenance of cafes, restaurants, beerhouses,
government to private persons or entities; hotels, motels, inns, pension houses, lodging
(ii) Regulate any business, occupation, or practice houses, and other similar establishments,
of profession or calling which does not require including tourist guides and transports;
government examination within the municipality (v) Regulate the sale, giving away or dispensing of
and the conditions under which the license for any intoxicating malt, vino, mixed or fermented
said business or practice of profession may be liquors at any retail outlet;
issued or revoked; (vi) Regulate the establishment and provide for the
(iii) Prescribe the terms and conditions under which inspection of steam boilers or any heating
public utilities owned by the municipality shall device in buildings and the storage of
be operated by the municipal government or inflammable and highly combustible materials
leased to private persons or entities, preferably within the municipality;
cooperatives; (vii) Regulate the establishment, operation, and
(iv) Regulate the display of and fix the license fees mainte nance of entertainment or amusement
for signs, signboards, or billboards at the place facilities, including theatrical performances,
or places where the profession or business circuses, billiard pools, public dancing schools,
advertised thereby is, in whole or in part, public dance halls, sauna baths, massage
conducted; parlors, and other places of entertainment or
(v) Any law to the contrary notwithstanding, amusement; regulate such other events or
authorize and license the establishment, activities for amusement or entertainment,
operation, and maintenance of cockpits, and particularly those which tend to disturb the
regulate cockfighting and commercial breeding community or annoy the inhabitants, or require
of gamecocks: Provided, That existing rights the suspension or suppression of the same; or,
should not be prejudiced; prohibit certain forms of amusement or
(vi) Subject to the guidelines prescribed by the entertainment in order to protect the social and
Department of Transportation and moral welfare of the community;
Communications, regulate the operation of (viii) Provide for the impounding of stray animals;
tricycles and grant franchises for the operation regulate the keeping of animals in homes or as

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 41 -
part of a business, and the slaughter, sale or over all territory within the drainage area of said
disposition of the same; and adopt measures to water supply and within one hundred (100)
prevent and penalize cruelty to animals; and meters of the reservoir, conduit, canal,
(ix) Regulate the establishment, operation, and aqueduct, pumping station, or watershed used
maintenance of funeral parlors and the burial or in connection with the water service; and
cremation of the dead, subject to existing laws, regulate the consumption, use or wastage of
rules and regulations. water;
(5) Approve ordinances which shall ensure the efficient and (viii) Regulate the drilling and excavation of the
effective delivery of the basic services and facilities as ground for the laying of water, gas, sewer, and
provided for under Section 17 of this Code, and in other pipes and the construction, repair and
addition to said services and facilities, shall: maintenance of public drains, sewers,
(i) Provide for the establishment, maintenance, cesspools, tunnels and similar structures;
protection, and conservation of communal regulate the placing of poles and the use of
forests and water sheds, tree parks, greenbelts, crosswalks, curbs, and gutters; adopt measures
mangroves, and other similar forest to ensure public safety against open canals,
development projects; manholes, live wires and other similar hazards
(ii) Establish markets, slaughterhouses or animal to life and property; and, regulate the
corrals and authorize the operation thereof, and construction and use of private water closets,
regulate the construction and operation of privies and other similar structures in buildings
private markets, talipapas or other similar and homes;
buildings and structures; (ix) Regulate the placing, stringing, attaching,
(iii) Authorize the establishment, maintenance and installing, repair and construction of all gas
operation of ferries, wharves, and other mains, electric, telegraph and telephone wires,
structures, and marine and seashore or offshore conduits, meters and other apparatus; and,
activities intended to accelerate productivity; provide for the correction, condemnation or
(iv) Regulate the preparation and sale of meat, removal of the same when found to be
poultry, fish, vegetables, fruits, fresh dairy dangerous, defective or otherwise hazardous to
products, and other foodstuffs for public the welfare of the inhabitants;
consumption; (x) Subject to the availability of funds and to
(v) Regulate the use of streets, avenues, alleys, existing laws, rules and regulations, establish
sidewalks, bridges, parks and other public and provide for the operation of vocational and
places and approve the construction, technical schools and similar post-secondary
improvement, repair and maintenance of the institutions and, with the approval of the
same; establish bus and vehicle stops and Department of Education, Culture and Sports,
terminals or regulate the use of the same by fix and collect reasonable fees and other school
privately-owned vehicles which serve the public; charges on said institutions, subject to existing
regulate garages and the operation of laws on tuition fees;
conveyances for hire; designate stands to be (xi) Establish a scholarship fund for poor but
occupied by public vehicles when not in use; deserving students residing within the
regulate the putting up of signs, signposts, municipality in schools located within its
awnings and awning posts on the streets; and jurisdiction;
provide for the lighting, cleaning and sprinkling (xii) Approve measures and adopt quarantine
of streets and public places; regulations to prevent the introduction and
(vi) Regulate traffic on all streets and bridges, spread of diseases;
prohibit the putting up of encroachments or (xiii) Provide for an efficient and effective system of
obstacles thereon, and, when necessary in the solid waste and garbage collection and disposal
interest of public welfare, authorize the removal and prohibit littering and the placing or throwing
of encroachments and illegal constructions in of garbage, refuse and other filth and wastes;
public places; (xiv) Provide for the care of paupers, the aged, the
(vii) Subject to existing laws, provide for the sick, persons of unsound mind, disabled
establishment, operation, maintenance, and persons, abandoned minors, juvenile
repair of an efficient waterworks system to delinquents, drug dependents, abused children
supply water for the inhabitants; regulate the and other needy and disadvantaged persons,
construction, maintenance, repair and use of particularly children and youth below eighteen
hydrants, pumps, cisterns and reservoirs; (18) years of age and, subject to availability of
protect the purity and quantity of the water funds, establish and provide for the operation of
supply of the municipality and, for this purpose, centers and facilities for said needy and
extend the coverage of appropriate ordinances disadvantaged persons;

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 42 -
(xv) Establish and provide for the maintenance and (iv) Adopt measures to protect the inhabitants of the
improvement of jails and detention centers, city from the harmful effects of man-made or
institute sound jail management programs, and natural disasters and calamities, and to provide
appropriate funds for the subsistence of relief services and assistance for victims during
detainees and convicted prisoners in the and in the aftermath of said disasters or
municipality; calamities and their return to productive livelihood
(xvi) Establish a municipal council whose purpose is following said events;
the promotion of culture and the arts, coordinate (v) Enact ordinances intended to prevent, suppress
with government agencies and non- and impose appropriate penalties for habitual
governmental organizations and, subject to the drunkenness in public places, vagrancy,
availability of funds, appropriate funds for the mendicancy, prostitution, establishment and
support and development of the same; and maintenance of houses of ill repute, gambling and
(xvii) Establish a municipal council for the elderly other prohibited games of chance, fraudulent
which shall formulate policies and adopt devices and ways to obtain money or property,
measures mutually beneficial to the elderly and drug addiction, maintenance of drug dens, drug
to the community; provide incentives for non- pushing, juvenile delinquency, the printing,
governmental agencies and entities and, distribution or exhibition of obscene or
subject to the availability of funds, appropriate pornographic materials or publications, and such
funds to support programs and projects for the other activities inimical to the welfare and morals
benefit of the elderly; and of the inhabitants of the city;
(6) Exercise such other powers and perform such other (vi) Protect the environment and impose appropriate
duties and functions as may be prescribed by law or penalties for acts which endanger the
ordinance. environment, such as dynamite fishing and other
(b) The members of the sangguniang bayan shall receive a forms of destructive fishing, illegal logging and
minimum monthly compensation corresponding to Salary Grade smuggling of logs, smuggling of natural resources
twenty-four (24) as prescribed under R.A. 6758 and the products and of endangered species of flora and
implementing guidelines issued pursuant thereto: Provided, fauna, slash and burn farming, and such other
That, in municipalities in the Metropolitan Manila Area and other activities which result in pollution, acceleration of
metropolitan political subdivisions, members of the sangguniang eutrophication of rivers and lakes, or of ecological
bayan shall receive a minimum monthly compensation imbalance;
corresponding to Salary grade twenty-five (25). (vii) Subject to the provisions of this Code and
pertinent laws, determine the powers and duties
Sangguniang Panlungsod of officials and employees of the city;
Sec458, LGC: Powers, Duties, Functions and Compensation. – (viii) Determine the positions and the salaries, wages,
(a) The sangguniang panlungsod, as the legislative body of the allowances and other emoluments and benefits of
city, shall enact ordinances, approve resolutions and appropriate officials and employees paid wholly or mainly
funds for the general welfare of the city and its inhabitants from city funds and provide for expenditures
pursuant to Section 16 of this Code and in the proper exercise necessary for the proper conduct of programs,
of the corporate powers of the city as provided for under Section projects, services, and activities of the city
22 of this Code, and shall: government;
(1) Approve ordinances and pass resolutions necessary for (ix) Authorize the payment of compensation to a
an efficient and effective city government, and in this qualified person not in the government service
connection, shall: who fills up a temporary vacancy or grant
(i) Review all ordinances approved by the honorarium to any qualified official or employee
sangguniang barangay and executive orders designated to fill a temporary vacancy in a
issued by the punong barangay to determine concurrent capacity, at the rate authorized by law;
whether these are within the scope of the (x) Provide a mechanism and the appropriate funds
prescribed powers of the sanggunian and of the therefor, to ensure the safety and protection of all
punong barangay; city government property, public documents, or
(ii) Maintain peace and order by enacting measures records such as those relating to property
to prevent and suppress lawlessness, disorder, inventory, land ownership, records of births,
riot, violence, rebellion or sedition and impose marriages, deaths, assessments, taxation,
penalties for the violation of said ordinances; accounts, business permits, and such other
(iii) Approve ordinances imposing a fine not records and documents of public interest in the
offices and departments of the city government;
exceeding Five thousand pesos (P5,000.00) or
(xi) When the finances of the city government allow,
an imprisonment for a period not exceeding one
provide for additional allowances and other
(1) year, or both in the discretion of the court, for
benefits to judges, prosecutors, public elementary
the violation of a city ordinance;

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 43 -
and high school teachers, and other national plan shall be in coordination with the approved
government officials stationed in or assigned to provincial comprehensive land use plan;
the city; (viii) Reclassify land within the jurisdiction of the city,
(xii) Provide legal assistance to barangay officials subject to the pertinent provisions of this Code;
who, in the performance of their official duties or (ix) Enact integrated zoning ordinances in
on the occasion thereof, have to initiate judicial consonance with the approved comprehensive
proceedings or defend themselves against legal land use plan, subject to existing laws, rules and
action; and regulations; establish fire limits or zones,
(xiii) Provide for group insurance or additional particularly in populous centers; and regulate the
insurance coverage for all barangay officials, construction, repair or modification of buildings
including members of barangay tanod brigades within said fire limits or zones in accordance with
and other service units, with public or private the provisions of the Fire Code;
insurance companies, when the finances of the (x) Subject to national law, process and approve
city government allow said coverage; subdivision plans for residential, commercial, or
(2) Generate and maximize the use of resources and industrial purposes and other development
revenues for the development plans, program objectives purposes, and to collect processing fees and
and priorities of the city as provided for under Section 18 other charges, the proceeds of which shall accrue
of this Code, with particular attention to agro-industrial entirely to the city: Provided, however, That
development and city-wide growth and progress, and where approval of a national agency or office is
relative thereto, shall: required, said approval shall not be withheld for
(i) Approve the annual and supplemental budgets of more than thirty (30) days from receipt of the
the city government and appropriate funds for application. Failure to act on the application within
specific programs, projects, services and the period stated above shall be deemed as
activities of the city, or for other purposes not approval thereof;
contrary to law, in order to promote the general (xi) Subject to the provisions of Book II of this Code,
welfare of the city and its inhabitants; grant the exclusive privilege of constructing fish
(ii) Subject to the provisions of Book II of this Code corrals or fish pens, or the taking or catching of
and applicable laws and upon the majority vote of bangus fry, prawn fry or kawag-kawag, or fry of
all the members of the sangguniang panlungsod, any species or fish within the city waters;
enact ordinances levying taxes, fees and (xii) With the concurrence of at least two-thirds (2/3)
charges, prescribing the rates thereof for general of all the members of the sangguniang
and specific purposes, and granting tax panlungsod, grant tax exemptions, incentives or
exemptions, incentives or reliefs; reliefs to entities engaged in community growth-
(iii) Subject to the provisions of Book II of this Code inducing industries, subject to the provisions of
and upon the majority vote of all the members of Chapter 5, Title I, Book II of this Code;
the sangguniang panlungsod, authorize the city (xiii) Grant loans or provide grants to other local
mayor to negotiate and contract loans and other government units or to national, provincial, and
forms of indebtedness; city charitable, benevolent or educational
(iv) Subject to the provisions of Book II of this Code institutions: Provided, That, said institutions are
and applicable laws and upon the majority vote of operated and maintained within the city;
all the members of the sangguniang panlungsod, (xiv) Regulate the numbering of residential,
enact ordinances authorizing the floating of bonds commercial and other buildings; and,
or other instruments of indebtedness, for the (xv) Regulate the inspection, weighing and measuring
purpose of raising funds to finance development of articles of commerce.
projects; (3) Subject to the provisions of Book II of this Code, enact
(v) Appropriate funds for the construction and ordinances granting franchises and authorizing the
maintenance or the rental of buildings for the use issuance of permits or licenses, upon such conditions and
of the city; and, upon the majority vote of all the for such purposes intended to promote the general
members of the sangguniang panlungsod, welfare of the inhabitants of the city and pursuant to this
authorize the city mayor to lease to private parties legislative authority shall:
such public buildings held in a proprietary (i) Fix and impose reasonable fees and charges for
capacity, subject to existing laws, rules and all services rendered by the city government to
regulations; private persons or entities;
(vi) Prescribe reasonable limits and restraints on the (ii) Regulate or fix license fees for any business or
use of property within the jurisdiction of the city; practice of profession within the city and the
(vii) Adopt a comprehensive land use plan for the city: conditions under which the license for said
Provided, That in the case of component cities, business or practice of profession may be
the formulation, adoption or modification of said

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 44 -
revoked and enact ordinances levying taxes (vi) Regulate the establishment and provide for the
thereon; inspection of steam boilers or any heating device
(iii) Provide for and set the terms and conditions in buildings and the storage of inflammable and
under which public utilities owned by the city shall highly combustible materials within the city;
be operated by the city government, and (vii) Regulate the establishment, operation, and
prescribe the conditions under which the same maintenance of any entertainment or amusement
may be leased to private persons or entities, facilities, including theatrical performances,
preferably cooperatives; circuses, billiard pools, public dancing schools,
(iv) Regulate the display of and fix the license fees for public dance halls, sauna baths, massage
signs, signboards, or billboards at the place or parlors, and other places for entertainment or
places where the profession or business amusement; regulate such other events or
advertised thereby is, in whole or in part, activities for amusement or entertainment,
conducted; particularly those which tend to disturb the
(v) Any law to the contrary notwithstanding, authorize community or annoy the inhabitants, or require
and license the establishment, operation, and the suspension or suppression of the same; or,
maintenance of cockpits, and regulate prohibit certain forms of amusement or
cockfighting and commercial breeding of entertainment in order to protect the social and
gamecocks: Provided, That existing rights should moral welfare of the community;
not be prejudiced; (viii) Provide for the impounding of stray animals;
(vi) Subject to the guidelines prescribed by the regulate the keeping of animals in homes or as
DOTC, regulate the operation of tricycles and part of a business, and the slaughter, sale or
grant franchises for the operation thereof within disposition of the same; and adopt measures to
the territorial jurisdiction of the city; prevent and penalize cruelty to animals; and,
(vii) Upon approval by a majority vote of all the (ix) Regulate the establishment, operation and
members of the sangguniang panlungsod: grant a maintenance of funeral parlors and the burial or
franchise to any person, partnership, corporation, cremation of the dead, subject to existing laws,
or cooperative to do business within the city; rules and regulations.
establish, construct, operate and maintain ferries, (5) Approve ordinances which shall ensure the efficient and
wharves, markets or slaughterhouses; or effective delivery of the basic services and facilities as
undertake such other activities within the city as provided for under Section 17 of this Code, and in
may be allowed by existing laws: Provided, That, addition to said services and facilities, shall:
cooperatives shall be given preference in the (i) Provide for the establishment, maintenance,
grant of such a franchise. protection, and conservation of communal forests
(4) Regulate activities relative to the use of land, buildings and water sheds, tree parks, greenbelts,
and structures within the city in order to promote the mangroves, and other similar forest development
general welfare and for said purpose shall: projects;
(i) Declare, prevent or abate any nuisance; (ii) Establish markets, slaughterhouses or animal
(ii) Require that buildings and the premises thereof corrals and authorize the operation thereof by the
and any land within the city be kept and city government; and regulate the construction
maintained in a sanitary condition; impose and operation of private markets, talipapas or
penalties for any violation thereof; or, upon failure other similar buildings and structures;
to comply with said requirement, have the work (iii) Authorize the establishment, maintenance and
done at the expense of the owner, administrator operation by the city government of ferries,
or tenant concerned; or require the filling up of wharves, and other structures intended to
any land or premises to a grade necessary for accelerate productivity related to marine and
proper sanitation; seashore or offshore activities;
(iii) Regulate the disposal of clinical and other wastes (iv) Regulate the preparation and sale of meat,
from hospitals, clinics and other similar poultry, fish, vegetables, fruits, fresh dairy
establishments; products, and other foodstuffs for public
(iv) Regulate the establishment, operation and cafes, consumption;
restaurants, beerhouses, hotels, motels, inns, (v) Regulate the use of streets, avenues, alleys,
pension houses, lodging houses, and other sidewalks, bridges, parks and other public places
similar establishments, including tourist guides and approve the construction, improvement,
and transports; repair and maintenance of the same; establish
(v) Regulate the sale, giving away or dispensing of bus and vehicle stops and terminals or regulate
any intoxicating malt, vino, mixed or fermented the use of the same by privately-owned vehicles
liquors at any retail outlet; which serve the public; regulate garages and the
operation of conveyances for hire; designate

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 45 -
stands to be occupied by public vehicles when (xi) Establish a scholarship fund for the poor but
not in use; regulate the putting up of signs, deserving students in schools located within its
signposts, awnings and awning posts on the jurisdiction or for students residing within the city;
streets; and provide for the lighting, cleaning and (xii) Approve measures and adopt quarantine
sprinkling of streets and public places; regulations to prevent the introduction and spread
(vi) Regulate traffic on all streets and bridges; prohibit of diseases;
encroachments or obstacles thereon and, when (xiii) Provide for an efficient and effective system of
necessary in the interest of public welfare, solid waste and garbage collection and disposal;
authorize the removal of encroachments and prohibit littering and the placing or throwing of
illegal constructions in public places; garbage, refuse and other filth and wastes;
(vii) Subject to existing laws, establish and provide for (xiv) Provide for the care of disabled persons,
the maintenance, repair and operation of an paupers, the aged, the sick, persons of unsound
efficient waterworks system to supply water for mind, abandoned minors, juvenile delinquents,
the inhabitants and to purify the source of the drug dependents, abused children and other
water supply; regulate the construction, needy and disadvantaged persons, particularly
maintenance, repair and use of hydrants, pumps, children and youth below eighteen (18) years of
cisterns and reservoirs; protect the purity and age; and, subject to availability of funds, establish
quantity of the water supply of the city and, for and provide for the operation of centers and
this purpose, extend the coverage of appropriate facilities for said needy and disadvantaged
ordinances over all territory within the drainage persons;
area of said water supply and within one hundred (xv) Establish and provide for the maintenance and
(100) meters of the reservoir, conduit, canal, improvement of jails and detention centers,
aqueduct, pumping station, or watershed used in institute a sound jail management, and
connection with the water service; and regulate appropriate funds for the subsistence of
the consumption, use or wastage of water and fix detainees and convicted prisoners in the city;
and collect charges therefor; (xvi) Establish a City council whose purpose is the
(viii) Regulate the drilling and excavation of the ground promotion of culture and the arts, coordinate with
for the laying of water, gas, sewer, and other government agencies and non-governmental
pipes and the construction, repair and organizations and, subject to the availability of
maintenance of public drains, sewers, cesspools, funds, appropriate funds for the support and
tunnels and similar structures; regulate the development of the same; and
placing of poles and the use of crosswalks, curbs, (xvii) Establish a City council for the elderly which shall
and gutters; adopt measures to ensure public formulate policies and adopt measures mutually
safety against open canals, manholes, live wires beneficial to the elderly and to the community;
and other similar hazards to life and property; and provide incentives for non-governmental agencies
regulate the construction and use of private water and entities and, subject to the availability of
closets, privies and other similar structures in funds, appropriate funds to support programs and
buildings and homes; projects for the benefit of the elderly; and
(ix) Regulate the placing, stringing, attaching, (6) Exercise such other powers and perform such other
installing, repair and construction of all gas duties and functions as may be prescribed by law or
mains, electric, telegraph and telephone wires, ordinance.
conduits, meters and other apparatus; and (b) The members of the sangguniang panlungsod of component
provide for the correction, condemnation or cities shall receive a minimum monthly compensation
removal of the same when found to be corresponding to Salary Grade twenty-five (25) and members of
dangerous, defective, or otherwise hazardous to the sangguniang panlungsod of highly- urbanized cities shall
the welfare of the inhabitants; receive a minimum monthly compensation corresponding to
(x) Subject to the availability of funds and to existing Salary Grade twenty-seven (27), as prescribed under R.A. 6758
laws, rules and regulations, establish and provide and the implementing guidelines issued pursuant thereto.
for the operation of vocational and technical
schools and similar post-secondary institutions Sangguniang Panlalawigan
and, with the approval of the Department of Sec468, LGC: Powers, Duties, Functions and Compensation. –
Education, Culture and Sports and subject to (a) The sangguniang panlalawigan, as the legislative body of the
existing law on tuition fees, fix and collect province, shall enact ordinances, approve resolutions and
reasonable tuition fees and other school charges appropriate funds for the general welfare of the province and its
in educational institutions supported by the city inhabitants pursuant to Section 16 of this Code and in the
government; proper exercise of the corporate powers of the province as
provided for under Section 22 of this Code, and shall:

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 46 -
(1) Approve ordinances and pass resolutions necessary for projects, services, and activities of the provincial
an efficient and effective provincial government and, in government;
this connection, shall: (ix) Authorize the payment of compensation to a
(i) Review all ordinances approved by the qualified person not in the government service
sanggunians of component cities and who fills up a temporary vacancy, or grant
municipalities and executive orders issued by the honorarium to any qualified official or employee
mayors of said component units to determine designated to fill a temporary vacancy in a
whether these are within the scope of the concurrent capacity, at the rate authorized by law;
prescribed powers of the sanggunian and of the (x) Provide a mechanism and the appropriate funds
mayor; therefor, to ensure the safety and protection of all
(ii) Maintain peace and order by enacting measures provincial government property, public documents,
to prevent and suppress lawlessness, disorder, or records such as those relating to property
riot, violence, rebellion or sedition and impose inventory, land ownership, records of births,
penalties for the violation of said ordinances; marriages, deaths, assessments, taxation,
(iii) Approve ordinances imposing a fine not accounts, business permits, and such other
records and documents of public interest in the
exceeding Five thousand pesos (P=5,000.00) or
offices and departments of the provincial
imprisonment not exceeding one (1) year, or both
government; and
in the discretion of the court, for the violation of a
(xi) When the finances of the provincial government
provincial ordinance;
allow, provide for additional allowances and other
(iv) Adopt measures to protect the inhabitants of the
benefits to judges, prosecutors, public elementary
province from the harmful effects of man-made or
and high school teachers, and other national
natural disasters and calamities, and to provide
government officials stationed or assigned to the
relief services and assistance for victims during
province.
and in the aftermath of said disasters and
(2) Generate and maximize the use of resources and
calamities and their return to productive livelihood
revenues for the development plans, program objectives
following said events;
and priorities of the province as provided for under
(v) Enact ordinances intended to prevent, suppress
Section 18 of this Code, with particular attention to agro-
and impose appropriate penalties for habitual
industrial development and country-wide growth and
drunkenness in public places, vagrancy,
progress and relative thereto, shall:
mendicancy, prostitution, establishment and
(i) Enact the annual and supplemental
maintenance of houses of ill repute, gambling and
appropriations of the provincial government and
other prohibited games of chance, fraudulent
appropriate funds for specific programs, projects,
devices and ways to obtain money or property,
services and activities of the province, or for other
drug addiction, maintenance of drug dens, drug
purposes not contrary to law, in order to promote
pushing, juvenile delinquency, the printing,
the general welfare of the province and its
distribution or exhibition of obscene or
inhabitants;
pornographic materials or publications, and such
(ii) Subject to the provisions of Book II of this Code
other activities inimical to the welfare and morals
and applicable laws and upon the majority vote of
of the inhabitants of the province;
all the members of the sangguniang
(vi) Protect the environment and impose appropriate
panlalawigan, enact ordinances levying taxes,
penalties for acts which endanger the
fees and charges, prescribing the rates thereof for
environment, such as dynamite fishing and other
general and specific purposes, and granting tax
forms of destructive fishing, illegal logging and
exemptions, incentives or reliefs;
smuggling of logs, smuggling of natural resources
(iii) Subject to the provisions of Book II of this Code
products and of endangered species of flora and
and applicable laws and upon the majority vote of
fauna, slash and burn farming, and such other
all the members of the sangguniang
activities which result in pollution, acceleration of
panlalawigan, authorize the provincial governor to
eutrophication of rivers and lakes, or of ecological
negotiate and contract loans and other forms of
imbalance;
indebtedness;
(vii) Subject to the provisions of this Code and
(iv) Subject to the provisions of Book II of this Code
pertinent laws, determine the powers and duties
and applicable laws and upon the majority vote of
of officials and employees of the province;
all the members of the sangguniang
(viii) Determine the positions and the salaries, wages,
panlalawigan, enact ordinances authorizing the
allowances and other emoluments and benefits of
floating of bonds or other instruments of
officials and employees paid wholly or mainly from
indebtedness, for the purpose of raising funds to
provincial funds and provide for expenditures
finance development projects;
necessary for the proper conduct of programs,

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 47 -
(v) Appropriate funds for the construction and jurisdiction or for students residing within the
maintenance or the rental of buildings for the use province;
of the province; and upon the majority vote of all (v) Approve measures and adopt quarantine
the members of the sangguniang panlalawigan, regulations to prevent the introduction and spread
authorize the provincial governor to lease to of diseases within its territorial jurisdiction;
private parties such public buildings held in a (vi) Provide for the care of paupers, the aged, the
proprietary capacity, subject to existing laws, rules sick, persons of unsound mind, abandoned
and regulations; minors, abused children, disabled persons,
(vi) Prescribe reasonable limits and restraints on the juvenile delinquents, drug dependents, and other
use of property within the jurisdiction of the needy and disadvantaged persons, particularly
province; children and youth below eighteen (18) years of
(vii) Review the comprehensive land use plans and age; subject to availability of funds, establish and
zoning ordinances of component cities and support the operation of centers and facilities for
municipalities and adopt a comprehensive said needy and disadvantaged persons; and
provincial land use plan, subject to existing laws; facilitate efforts to promote the welfare of families
and below the poverty threshold, the disadvantaged,
(viii) Adopt measures to enhance the full and the exploited;
implementation of the national agrarian reform (vii) Establish and provide for the maintenance and
program in coordination with the Department of improvement of jails and detention centers,
Agrarian Reform; institute a sound jail management program, and
(3) Subject to the provisions of Book II of this Code, grant appropriate funds for the subsistence of detainees
franchises, approve the issuance of permits or licenses, and convicted prisoners in the province;
or enact ordinances levying taxes, fees and charges upon (viii) Establish a provincial council whose purpose is
such conditions and for such purposes intended to the promotion of culture and the arts, coordinate
promote the general welfare of the inhabitants of the with government agencies and non-governmental
province, and pursuant to this legislative authority, shall: organizations and, subject to the availability of
(i) Fix and impose reasonable fees and charges for funds, appropriate funds for the support and
all services rendered by the provincial government development of the same;
to private persons or entities; and (ix) Establish a provincial council for the elderly which
(ii) Regulate and fix the license fees for such shall formulate policies and adopt measures
activities as provided for under this Code. mutually beneficial to the elderly and to the
(4) Approve ordinances which shall ensure the efficient and province; and subject to the availability of funds,
effective delivery of the basic services and facilities as appropriate funds to support programs and
provided for under Section 17 of this Code, and, in projects for the elderly; and provide incentives for
addition to said services and facilities, shall: non- governmental agencies and entities to
(i) Adopt measures and safeguards against pollution support the programs and projects of the elderly;
and for the preservation of the natural ecosystem and
in the province, in consonance with approved (5) Exercise such other powers and perform such other
standards on human settlements and duties and functions as may be prescribed by law or
environmental sanitation; ordinance.
(ii) Subject to applicable laws, facilitate or provide for (b) The members of the sangguniang panlalawigan shall receive
the establishment and maintenance of a a minimum monthly compensation corresponding to Salary
waterworks system or district waterworks for Grade twenty-seven (27) as prescribed under R.A. 6758 and the
supplying water to inhabitants of component cities implementing guidelines issued pursuant thereto.
and municipalities;
(iii) Subject to the availability of funds and to existing
laws, rules and regulations, provide for the RA8369: An Act Establishing Family Courts, Granting Them
establishment and operation of vocational and Exclusive Original Jurisdiction Over Child And Family
technical schools and similar post-secondary Cases, Amending Batas Pambansa Bilang 129, As
institutions; and, with the approval of the Amended, Otherwise Known As The Judiciary
Department of Education, Culture and Sports and Reorganization Act Of 1980, Appropriating Funds Therefor
subject to existing laws on tuition fees, fix And For Other Purposes
reasonable tuition fees and other school charges
in educational institutions supported by the Sec8: Supervision of Youth Detention Homes. — The judge of
provincial government; the Family Court shall have direct control and supervision of the
(iv) Establish a scholarship fund for the poor but youth detention home which the local government unit shall
deserving students in schools located within its establish to separate the youth offenders from the adult
criminals: Provided, however, That alternatives to detention and

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 48 -
institutional care shall be made available to the accused The provincial governments shall integrate the operations for the
including counseling, recognizance, bail, community continuum, agriculture extension services and shall undertake an annual
or diversions from the justice system: Provided, further, That the evaluation of all municipal extension programs.
human rights of the accused are fully respected in a manner The extension program of state colleges and universities shall
appropriate to their well-being. primarily focus on the improvement of the capability of the LGU
extension service by providing:
Sec11: Alternative Social Services. — In accordance with a) Degree and non-degree training programs;
Section 17 of this Act, in areas where no Family Court has been b) Technical assistance;
established or no Regional Trial Court was designated by the c) Extension cum research activities;
Supreme Court due to the limited number of cases, the DSWD d) Monitoring and evaluation of LGU extension projects; and
shall designate and assign qualified, trained, and DSWD e) Information support services through the tri-media and
accredited social workers of the local government units to electronics.
handle juvenile and family cases filed in the designated
Regional Trial Court of the place. Sec99: Participation of Government Agencies. — The
replication of the program shall be the responsibility of the local
government units concerned in collaboration with the
RA8425: An Act Institutionalizing The Social Reform And appropriate government agencies, and the private sector. The
Poverty Alleviation Program, Creating For The Purpose The local government units shall bear the costs of promoting and
National Anti-Poverty Commission, Defining Its Powers And monitoring the basic needs program for which their IRA shall be
Functions, And For Other Purposes increased accordingly as recommended by the Secretary of the
Department: Provided, That the appropriate national
Sec12: The Role of Local Government Units (LGUs). — The government agencies shall continue to provide the necessary
local government units, through the local development councils technical as well as financial assistance to the LGUs in the
of the province, city, municipality, or barangay shall be replication of the program.
responsible for the formulation, implementation, monitoring and The Cooperatives Development Authority shall encourage the
evaluation of the National Anti-Poverty Action Agenda in their establishment and growth of associations and cooperatives as
respective jurisdictions. The LGUs shall: vehicles for the stable expansion of basic needs enterprises.
(a) Identify the poor in their respective areas based on indicators The Department of Education, Culture and Sports, Department
such as the minimum basic needs approach and the human of Health, and the Technical Education and Skills Development
development index, their location, occupation, nature of Authority shall coordinate with the Department and Congress in
employment, and their primary resource base and formulate a the review, rationalization and reallocation of their regular
provincial/city/municipality anti-poverty action agenda; budgets as well as their budgets under the GATT-related
(b) Identify and source funding for specific social reform and measures fund to finance education, training, health and other
poverty alleviation projects; welfare services for farmers and fisherfolk.
(c) Coordinate, monitor and evaluate the efforts of local
government units with the private sector on planning and Sec101: Role of Government Agencies. — The appropriate
implementation of the local action program for social reform government agencies, under the leadership of the LGUs
and poverty alleviation; and concerned, shall provide integrated services and information to
(d) Coordinate and submit progress reports to the National Anti- prospective enterprises under the one-stop-shop concept.
Poverty Commission regarding their local action programs. Local government units are authorized to undertake investment
Nothing in this Act shall be construed as diminishing the powers and marketing missions provided that the costs of such missions
granted to the local government units under the Local are borne by the LGUs concerned. In making their land use
Government Code. plans, the LGUs, in consultation with the appropriate
government agencies concerned, shall identify areas for
industrial parks.
The Department shall coordinate with the Department of Trade
RA8435: An Act Prescribing Urgent Related Measures To
and Industry, in particular, the Board of Investments, in the
Modernize The Agriculture And Fisheries Sectors Of The
formulation of investment priorities for rural areas.
Country In Order To Enhance Their Profitability, And
The Regional Wage Boards shall consult participating
Prepare Said Sectors For The Challenges Of Globalization
enterprises in this program before they issue wage orders.
Through An Adequate, Focused And Rational Delivery Of
Necessary Support Services, Appropriating Funds Therefor
And For Other Purposes
RA8550: An Act Providing For The Development,
Management And Conservation Of The Fisheries And
Sec90: The Role of Local Government Units. — The LGUs shall
Aquatic Resources, Integrating All Laws Pertinent Thereto,
be responsible for delivering direct agriculture and fisheries
And For Other Purposes
extension services.

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 49 -
Sec16: Jurisdiction of Municipal/City Government. — The c. prior consultation, through public hearing, with the
municipal/city government shall have jurisdiction over municipal M/CFARMC has been conducted; and
waters as defined in this Code. The municipal/city government, d. the applicant vessel as well as the shipowner, employer,
in consultation with the FARMC shall be responsible for the captain and crew have been certified by the appropriate
management, conservation, development, protection, utilization, agency as not having violated this Code, environmental laws
and disposition of all fish and fishery/aquatic resources within and related laws.
their respective municipal waters. In no case shall the authorization or permit mentioned above be
The municipal/city government may, in consultation with the granted for fishing in bays as determined by the Department to
FARMC, enact appropriate ordinances for this purpose and in be in an environmentally critical condition and during closed
accordance with the National Fisheries Policy. The ordinances season as provided for in Section 9 of this Code.
enacted by the municipality and component city shall be
reviewed pursuant to Republic Act No. 7160 by the sanggunian Sec19: Registry of Municipal Fisherfolk. — The LGU shall
of the province which has jurisdiction over the same. maintain a registry of municipal fisherfolk, who are fishing or
The LGUs shall also enforce all fishery laws, rules and may desire to fish in municipal waters for the purpose of
regulations as well as valid fishery ordinances enacted by the determining priorities among them, of limiting entry into the
municipal/city council. municipal waters, and of monitoring fishing activities an/or other
The management of contiguous fishery resources such as bays related purposes: Provided, That the FARMC shall submit to the
which straddle several municipalities, cities or provinces, shall LGU the list of priorities for its consideration.
be done in an integrated manner, and shall not be based on Such list or registry shall be updated annually or as may be
political subdivisions of municipal waters in order to facilitate necessary, and shall be posted in barangay halls or other
their management as single resource systems. The LGUs which strategic locations where it shall be open to public inspection, for
share or border such resources may group themselves and the purpose of validating the correctness and completeness of
coordinate with each other to achieve the objectives of the list. The LGU, in consultation with the FARMCs, shall
integrated fishery resource management. The Integrated formulate the necessary mechanisms for inclusion or exclusion
Fisheries and Aquatic Resources Management Councils procedures that shall be most beneficial to the resident
(FARMCs) established under Section 76 of this Code shall serve municipal fisherfolk. The FARMCs may likewise recommend
as the venues for close collaboration among LGUs in the such mechanisms.
management of contiguous resources. The LGUs shall also maintain a registry of municipal fishing
vessels by type of gear and other boat particulars with the
Sec17: Grant of Fishing Privileges in Municipal Waters. — The assistance of the FARMC.
duly registered fisherfolk organizations/cooperatives shall have
preference in the grant of fishery rights by the Municipal/City Sec20: Fisherfolk Organizations and/or Cooperatives. —
Council pursuant to Section 149 of the Local Government Code: Fisherfolk organizations/cooperatives whose members are listed
Provided, That in areas where there are special agencies or in the registry of municipal fisherfolk, may be granted use of
offices vested with jurisdiction over municipal waters by virtue of demarcated fishery areas to engage in fish capture, mariculture
special laws creating these agencies such as, but not limited to, and/or fish farming: Provided, however, That an
the Laguna Lake Development Authority and the Palawan organization/cooperative member whose household is already in
Council for Sustainable Development, said offices and agencies possession of a fishery right other than for fish capture cannot
shall continue to grant permits for proper management and enjoy the fishing rights granted to the organization or
implementation of the aforementioned structures. cooperative.

Sec18: Users of Municipal Waters. — All fishery related activities Sec21: Priority of Resident Municipal Fisherfolk. — Resident
in municipal waters, as defined in this Code, shall be utilized by municipal fisherfolk of the municipality concerned and their
municipal fisherfolk and their cooperatives/organizations who organizations/cooperatives shall have priority to exploit
are listed as such in the registry of municipal fisherfolk. municipal and demarcated fishery areas of the said municipality.
The municipal or city government, however, may, through its
local chief executive and acting pursuant to an appropriate Sec22: Demarcated Fishery Right. — The LGU concerned shall
ordinance, authorize or permit small and medium commercial grant demarcated fishery rights to fishery
fishing vessels to operate within the ten point one (10.1) to organizations/cooperatives for mariculture operation in specific
fifteen (15) kilometer area from the shoreline in municipal waters areas identified by the Department.
as defined herein, provided, that all the following are met:
a. no commercial fishing in municipal waters with depth less Sec23: Limited Entry Into Overfished Areas. — Whenever it is
than seven (7) fathoms as certified by the appropriate determined by the LGUs and the Department that a municipal
agency; water is overfished based on available data or information or in
b. fishing activities utilizing methods and gears that are danger of being overfished, and that there is a need to
determined to be consistent with national policies set by the regenerate the fishery resources in that water, the LGU shall
Department; prohibit or limit fishery activities in the said waters.

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 50 -
Sec24: Support to Municipal Fisherfolk. — The Department and
the LGUs shall provide support to municipal fisherfolk through Facts:
appropriate technology and research, credit, production and The municipal council of Orion, Bataan, enacted an ordinance
marketing assistance and other services such as, but not limited which, prohibited the playing of panguingue on days not Sundays
to training for additional/supplementary livelihood. or legal holidays and penalized the violation by a casero
(housekeeper) and by jugadores (gamblers). On an evening not a
Sec25: Rights and Privileges of Fishworkers. — The Sunday or legal holiday, 7 persons, including Salaveria, the justice
fishworkers shall be entitled to the privileges accorded to other of the peace of Orion and his wife were surprised by the police
workers under the Labor Code, Social Security System and while indulging in a game of panguingue in the house of Salaveria.
other benefits under other laws or social legislation for workers: Convicted in the justice of the peace court and again in the CFI of
Provided, That fishworkers on board any fishing vessels Bataan, Salaveria appeals to the SC. Salaveria questioned among
engaged in fishing operations are hereby covered by the other things, the validity of the ordinance under which he was
Philippine Labor Code, as amended. convicted.

Held: Ordinance was valid


RA8975: An Act To Ensure The Expeditious Implementation If investigation was restricted to those portions of the Admin. Code
And Completion Of Government Infrastructure Projects By which authorize a municipal council to prohibit and penalize
Prohibiting Lower Courts From Issuing Temporary gambling, there would exist grave doubt of the validity of
Restraining Orders, Preliminary Injunctions Or Preliminary Ordinance No. 3.
Mandatory Injunctions, Providing Penalties For Violations However, the Philippine Legislature delegated to municipalities
Thereof, And For Other Purposes certain legislative powers of a discretionary nature. But in addition,
and preceding both the specific powers of a mandatory and
Sec3: Prohibition on the Issuance of Temporary Restraining discretionary character, is the general power of a municipal council
Orders, Preliminary Injunctions and Preliminary Mandatory to enact ordinances and make regulations. It is this grant that the
Injunctions. — No court, except the Supreme Court, shall issue preamble of the ordinance of Orion assigns as authority for its
any temporary restraining order, preliminary injunction or enactment. Section 2184 of the Administrative Code of 1916,
preliminary mandatory injunction against the government, or any known as the general welfare clause, delegates in statutory form
of its subdivisions, officials or any person or entity, whether the police power to a municipality. This clause has been given wide
public or private, acting under the government's direction, to application by municipal authorities and has in its relation to the
restrain, prohibit or compel the following acts: particular circumstances of the case been liberally construed by
(a) Acquisition, clearance and development of the right-of-way the courts.
and/or site or location of any national government project; It is a general rule that ordinances passed by virtue of the implied
(b) Bidding or awarding of contract/project of the national power found in the general welfare clause must be reasonable,
government as defined under Section 2 hereof; consonant with the general powers and purposes of the
(c) Commencement, prosecution, execution, implementation, corporation, and not inconsistent with the laws or policy of the
operation of any such contract or project; State.
(d) Termination or rescission of any such contract/project; and Thus, although panguingue is not named in the general law on
(e) The undertaking or authorization of any other lawful activity gambling, and although not entirely a game of chance, since it is a
necessary for such contract/project. proper subject for regulation by municipal authorities acting under
This prohibition shall apply in all cases, disputes or their delegated police power, whose laudable intention is to
controversies instituted by a private party, including but not improve the public morals and promote the prosperity of their
limited to cases filed by bidders or those claiming to have rights people, their action should be upheld by the courts. Ordinance No.
through such bidders involving such contract/project. This 3 of Orion is found to be valid.
prohibition shall not apply when the matter is of extreme
urgency involving a constitutional issue, such that unless a Dissenting (J. Fisher):
temporary restraining order is issued, grave injustice and The ordinance in question is beyond the protection of the general
irreparable injury will arise. The applicant shall file a bond, in an welfare clause for 2 reasons: (1) It is unreasonably subversive of
amount to be fixed by the court, which bond shall accrue in favor the liberty of the citizen and unnecessary and (2) the Legislature
of the government if the court should finally decide that the has spoken in well defined terms on the subject of gambling, and
applicant was not entitled to the relief sought. its pronouncement on the subject fills the field and precludes the
If after due hearing the court finds that the award of the contract possibility of stretching the authority delegated to municipalities
is null and void, the court may, if appropriate under the into the right to repeal, modify or supplement existing legislation.
circumstances, award the contract to the qualified and winning Act No. 1757 very clearly defines the intention and will of the
bidder or order a rebidding of the same, without prejudice to any Legislature with regard to gambling. Its limitation of the prohibition
liability that the guilty party may incur under existing laws. is its refusal to prohibit games of skill and games in which no value
is at stake. When the legislature authorized municipalities to
No Section 11 and 13. penalize gambling, it was aiming at the vice of risking money upon
the hazard of a game of chance. The Legislature has not
US vs. Salaveria (1918)

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 51 -
prohibited the playing of card games — in itself an innocent statute in themselves denoting habituality or a repetition of acts,
pastime — but the playing for money of games of hazard. When it and not a solitary act.
delegated like power to municipalities it had a like object in view
and no other. While assignment of police officers to insure that the funeral
procession is orderly so as not to cause great and serious
Equally untenable is the attempt to justify the statute under the inconvenience to the public is called for by every funeral
"general welfare" clause. The prohibition by ordinance of the procession, there is no explanation why the ordinance should
playing of certain card games as an amusement, without stake or collect the prescribed fees solely in the case of cadavers coming
wager, cannot be said to promote the health, safety, morals, from places outside the territory of Caloocan City for burial in
peace, good order, comfort or convenience of the inhabitants of a private cemeteries within the City.
municipality. The ordinance in question was intended to prevent
gambling, but is not warranted by the delegated authority of
municipal councils over this subject, because it is so drawn as to Balacuit vs. CFI (1988)
include harmless amusements not within the legislative definition
of gambling. Facts:
This case questions the validity and constitutionality of an
Ordinance No. 640 which penalizes anyone engaged in the
Viray vs. Caloocan (1967) business of selling admission tickets to any movie or other public
exhibitions, games, contests or other performances and to require
Facts: children between 7 and 12 years of age to pay half the cost for
The Municipal Board of Caloocan City enacted an Ordinance tickets intended for adults. Managers of 4 theaters sought to have
providing for additional fees in private cemeteries. Pursuant to the the ordinance declared invalid since (1) it is an invalid exercise of
ordinance, Viray, Cajote and Prieto, all residents of Manila, were police power and (2) and that the ordinance is not within the power
charged by and actually paid to the City Treasurer of Caloocan of the Municipal Board to enact as provided for in the Butaun City
“entrance fees” for the burial of their relatives in La Loma Charter.
cemetery, a burial place not owned by the city government.
Because the City Treasurer refused to refund the entrance fees Held: The city has no authority to enact the ordinance in
paid, the 3 filed an action in the CFI against the city government, question under its power to regulate embodied in Section
contesting the legality of the ordinance on the ground that it was a 15(n).
revenue-raising measure which is beyond the taxing authority of The power of regulation of public exhibitions and places of
the city government to enact. The city government claimed that it amusement within the city granted by the charter does not carry
was justified by the general grant of taxation to chartered cities by with it any authority to interfered with the price admission to such
Republic Act 2264 or the Local Autonomy Act and as a valid places or the resale of tickers or tokens of admission
exercise of police power.
Even if the ordinance is based on its police power as delegated
Held: Ordinance invalid under the welfare clause, ordinance is invalid. The exrcise of police
Taken in its entirety, the ordinance is clear that what is being power requires:
regulated through this ordinance is not the burying of the mortal 1. that the interest of the public generally requires an interference
remains of a person, but the exhumation and transfer of a cadaver with private rights and
— activities affecting corpses that had previously been buried. 2. the means adopted must be reasonably necessary for the
Although the ordinance which regulates the exhumation and/or accomplishment of the purpose and
transfer of corpses from other burial grounds to those located in 3. not unduly oppressive upon individuals
Caloocan is within the legislative power of the city government to
enact, the imposition of the transfer fees under the ordinance, on In the CAB, the was (1) no public necessity which demands the
the interment of the respective dead relatives of appellants in the adopting of proper measures to secure the end sought to be
La Loma cemetery, was not justified. attained by the enactment of the ordinance; (2) the means means
adopted not reasonably necessary for the accomplishment of
While sec. 2 of RA 2264 confers on chartered cities and purpose and (3) ordinance is clearly unreasonable if not unduly
municipalities "authority to impose municipal license taxes or fees oppressive upon the business of the petitioners. There is no no
upon persons engaged in any occupation or business, or discernable relation between the ordinance and the promotion of
exercising privileges in chartered cities or municipalities...by public health, safety, morals and general welfare
requiring them to secure licenses at rates fixed by the municipal
board or city council," the city government has failed to show that Gutierrez. Separate Opinion
the persons merely burying a cadaver in a private cemetery  police power is inherent in the State but not in municipal
constitutes either an occupation or business or the exercise of corporations
privileges that would justify the imposition of taxes thereon within  no rational basis for classifying children as a distinct group
the terms and intent of the enabling act, the terms employed by the insofar as paying for admission into a moviehouse is
concerned.

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 52 -

City Government of Quezon City vs. Ericta (1983)


Binay vs. Domingo (1991)
Facts:
Facts: QC passed an Ordinance regulating the establishment,
The Municipal Council of Makati issued a Resolution confirming maintenance & operation of private memorial type cemetery or
and/or ratifying the ongoing burial assistance program initiated by burial ground within the jurisdiction of QC. §9 of the Ordinance
the Office of the Mayor. The Metro Manila Commission (MMC) provides that at least 6% of the total area of a memorial park
approved Resolution No. 60. Thereafter, the municipal secretary cemetery shall be set aside for charity burial of deceased persons
certified a disbursement fund of P400,000 for the implementation of who are paupers & have been residents of QC for at least 5 yrs
the Burial Assistance Program. Resolution was then referred to the prior to their death.
Commission on Audit (COA) for its expected allowance in audit. 7 yrs after the enactment of the Ordinance, the QC Council
However, COA, after its preliminary findings, disapproved passed a resolution requesting the City Engineer to stop any
Resolution No. 60 and disallowed in audit the disbursement of further selling of memorial parks in QC where the owners have
funds for the implementation thereof. Mayor Binay filed two letters failed to donate the required 6% cemetery space. The City Engr
for reconsideration. COA denied both letters for reconsideration. notified Himlayang Pilipino, Inc. that the Ordinance would be
enforced, so Himlayan filed a petition with the CFI seeking to annul
Held: Resolution is a valid exercise of police power under the §9 of the Ordinance. CFI declared §9 null and void. Motion for
general welfare Clause recon denied.
Police power, which is an attribute of sovereignty, is inherent in the
state but not in municipal corporations. Before a municipal Held: Ordinance not authorized under QC Charter and invalid
corporation may exercise such power, there must be a valid exercise of police power
delegation of such power of the state.
An examination of the Charter does not reveal any provision that
Municipal governments exercise this power under the general would justify the ordinance in question except the provision
welfare clause of BP337 (old LGC) – exercise powers expressly granting police power to the City.
granted, necessarily implied, and necessary and proper to promote
health & safety, etc. Police power is the most essential of govt powers, at times the
most insistent, and always one of the least limitable of the powers
of govt.
COA, in saying that there is no perceptible connection, tries to It is usually exercised in the form of mere regulation or restriction
redefine the scope of police power by circumscribing its exercise to in the use of liberty or property for the promotion of the general
“public safety, general welfare, etc of the inhabitants of Makati.” welfare. It does not involve the taking or confiscation of property
with the exception of a few cases where there is necessity to
The police power of a municipal corporation is: broad; extends to confiscate private property in order to destroy it [not to devote it to
all the great public needs; in a broad sense includes all legislation public use] (i.e., in the case of confiscation of opium & firearms).
and almost every function of the municipal government. Thus, it is HERE  §9 of the Ordinance is not a mere police regulation but
deemed inadvisable to attempt to frame any definition which shall an outright confiscation. It deprives a person of his private property
absolutely indicate the limits of police power. w/o due process…even w/o compensation.
As regards COA’s additional objection, it shows that it is not
attuned to the changing of times. Public purpose is not
unconstitutional merely because it incidentally benefits a limited Tatel vs. Virac (1991)
number of persons.
Facts:
The care for the poor is general recognized as a public duty. The In 1966, complaints were received from the residents of barrio Sta.
support for the poor has long been an accepted exercise of police Elena against disturbance caused by operation of the abaca
power in the promotion of common good. bailing machine inside the warehouse of Tatel. A committee was
appointed by the municipal council of Virac to investigate on the
There is no violation of the equal protection clause in classifying matter The committee noted the crowded nature of the
paupers as subject of legislation. Paupers may be reasonably neighborhood with narrow roads and the surrounding residential
classified. houses so much so that accidental fire from the continued
operations of the warehouse and storing of inflammable materials
BUT, this decision must not be taken as a precedent, or as an created danger to the lives and properties of the people. Based on
official go-signal for municipal governments to embark on this report, the Municipal Council of passed a Resolution declaring
philanthropic ORGY of inordinate dole-outs for motives political or the warehouse a nuisance within purview of Art 694 of the Civil
otherwise. Code. Tatel's MR denied so Tatel instituted the present petition.

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 53 -
Held: Ordinance was a valid exercise of police power despite of building permit with the trial court. TC dismissed complaint.CA
its fractured syntax. reverses.
It is a settled principal of law that municipal corporations are
agencies of the State for the promotion and maintenance of local Held: Mr. Tepoot's building was commercial in nature; Hence
self-government and as such are endowed with police powers in Ordinance was not violated
order to effectively accomplish and carry out the declared objects A tax declaration is not conclusive of the nature of the property for
of their creation. zoning purposes. A property may have been declared by its owner
Authority emanates from the general welfare clause under the as residential for real estate taxation purposes but it may well be
Administrative Code: within a commercial zone.
"The municipal council shall enact such ordinance and make Even if we are to examine the evidentiary value of a tax declaration
such regulations, not repugnant to law, as may be necessary to under the Real Property Tax Code, a tax declaration only enables
carry into effect and discharge the powers and duties conferred the assessor to identify the same for assessment levels.
upon it by law and such as shall seem necessary and proper to In fact, a tax declaration does not bind a provincial/city assessor,
provide for the health and safety, promote the prosperity, for under Sec. 22 of the Real Estate Tax Code, appraisal and
improve the morals, peace, good order, comfort and assessment are based on the actual use irrespective of "any
convenience of the municipality and the inhabitants thereof, and previous assessment or taxpayer's valuation thereon," which is
for the protection of property therein." based on a taxpayer's declaration.
For an ordinance to be valid, it must not only be within the The trial court's determination that Mr. Tepoot's building is
corporate powers of the municipality to enact but must also be commercial is strengthened by the fact that the Sangguniang
passed according to the procedure prescribed by law, and must be Panlungsod has declared the questioned area as commercial or C-
in consonance with certain well established and basic principles of 2. Consequently, even if Tepoot's building was declared for
substantive nature: taxation purposes as residential, once a local government has
(i). must not contravene the Constitution or any statue reclassified an area as commercial, that determination for
(ii). must not be unfair or oppressive zoning purposes must prevail.
(iii). must not be partial or discriminatory
(iv). must not prohibit but may regulate trade The declaration of the said area as a commercial zone through a
(v). must be general and consistent with public policy, and municipal ordinance is an exercise of police power to promote the
(vi). must not be unreasonable 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
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
Patalinghug vs. CA (1994) government, the rights of the individual may be subordinated. The
ordinance which regulates the location of funeral homes has been
Facts: adopted as part of comprehensive zoning plans for the orderly
In 1982, SP of Davao City enacted an Ordinance known as the " development of the area covered thereunder.
Expanded Zoning Ordinace of Davao City" , Section 8 of which
states:
Section 8.USE REGULATIONS IN C-2 DISTRICTS (Shaded
light red in the Expanded Zoning Map) A C -2 District shall Rep. of the Philippines vs. City of Davao (2002)
be dominantly for commercial and compatible industrial uses
as provided hereunder: Facts:
3.1 Funeral Parlors/Memorial Homes with adequate off City of Davao filed an application for a Certificate of Non-Coverage
(CNC) for its proposed project, the Davao City Sports Dome with
street parking space and provided that they shall be
the Environmental Management Bureau (EMB) with the required
established not less than 50 meters from any residential
documents. EMB denied the application after finding that the
structures, churches and other institutional buildings.
proposed project was w/in an environmentally critical area. It also
Petitioner applied for certification of zoning compliance for the
held that Davao must undergo the environmental impact
construction of a funeral parlor. Certification approved. Petitioner
assessment (EIA) to secure Environmental Compliance Certificate
commenced construction. Several residents filed complaint that
(ECC) before it can proceed with construction of its project
petitioner's funeral parlor violated Ordiance since it was allegedly
pursuant to Sec 2 of PD 1586, Environmental Impact Statement
within a 50-meter radius from the Iglesia ni Kristo chapel. SP found
System, in relation to Sec 4 PD 1151, Philippine Environment
that the nearest residential structure owned by Wilfred Tepoot is
Policy. Davao complains.
only 8 inches to the south. Notwithstanding the finding, petitioner
continued and finished the construction of the funeral parlor.
Held: Davao City within the scope of the EIS law
Private respondents herein filed a case for the declaration of nullity
An LGU is a body politic and corporate endowed with powers to be
exercised inconformity with law. It has dual functions:

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 54 -
• Governmental – concerns health, safety, advancement, of RA9165: An Act Instituting The Comprehensive Dangerous
public good and welfare. It acts as an agency of national gov’t Drugs Act Of 2002, Repealing Republic Act No. 6425,
• Proprietary – seeks to obtain special corporate benefits or Otherwise Known As The Dangerous Drugs Act Of 1972, As
earn pecuniary profit and intended for private advantage and Amended, Providing Funds Therefor, And For Other
benefit. Acts as agent of community. Purposes

As a body politic endowed with governmental functions, LGU has Sec52: Abatement of Drug Related Public Nuisances. — Any
the duty to promote the people’s right to a balanced ecology (Sec. place or premises which have been used on two or more
16 LGCode) and to ensure quality of environment. Pursuant to this, occasions as the site of the unlawful sale or delivery of
Davao cannot claim exemption from the coverage of EIS law which dangerous drugs may be declared to be a public nuisance, and
has same the objectives. such nuisance may be abated, pursuant to the following
procedures:
Civil Code defines a person as either natural or juridical. The state (1) Any city or municipality may, by ordinance, create an
and its subdivisions i.e. LGU’s are juridical persons. Thus, LGU’s administrative board to hear complaints regarding the
are not excluded from EIS law. nuisances;
(2) Any employee, officer, or resident of the city or municipality
Sec 1 of EIS law intends to implement state policy to achieve a may bring a complaint before the Board after giving not less
balance between socio-economic development and environmental than three (3) days written notice of such complaint to the owner
protection. The Whereas clause of the same law stresses that this of the place or premises at his/her last known address; and
balance can only be achieved through a comprehensive and (3) After hearing in which the Board may consider any evidence,
integrated program where all the sectors of the community – gov’t including evidence of the general reputation of the place or
and private – are involved. premises, and at which the owner of the premises shall have an
Thus, LGU’s as part of the machinery of the gov’t cannot be opportunity to present evidence in his/her defense, the Board
deemed outside the scope of the EIS law. may declare the place or premises to be a public nuisance.

Since it is clear that the said project is not classified as Sec53: Effect of Board Declaration. — If the Board declares a
environmentally critical nor within critical area, DENR has no place or premises to be a public nuisance, it may declare an
choice but to issue the CNC. It is a ministerial duty that can be order immediately prohibiting the conduct, operation, or
compelled by a writ of mandamus. maintenance of any business or activity on the premises which
is conducive to such nuisance.
MyPleasure Guide to Sex Toys: Sex Toy Basics An order entered under this Section shall expire after one (1)
Sex toys come in thousands of different sizes, shapes and year or at such earlier time as stated in the order. The Board
functions -- you could have a different toy for every day of the may bring a complaint seeking a permanent injunction against
week! But to narrow the search field, think about your needs any nuisance described under this Section.
and preferences, and consider the following questions: This Article does not restrict the right of any person to proceed
under the Civil Code against any public nuisance.
What shapes appeal to you?
Do you find some sex toys silly looking?
Do you have a color preference?
Estate of Francisco vs. CA
Do you know what materials you like most: silicone, jelly,
rubber or plastic?
Facts:
Do you want stay traditional or try something new and wild? A Quonset hut standing on a lot owned by Phil. Ports Authority
Do you have trouble reaching orgasm during penetration? (PPA) in Isabela, Basilan was purchased by Gregoria Francisco in
Do you consider yourself to be "clitoral?" 1944. Proclamation 83 declared said land was for the exclusive
Do you want to use your toy alone or with a partner? use of port facilities. PPA issued to Tan Gin San the surviving
(continued) spouse of Gregoria a permit to occupy the lot of the Quonset for a
Abatement of Nuisance year for storage of copra to expire Dec 31, 1989. Mayor Valencia
notified Tan twice to relocate Quonset citing Zoning Ordinance
Local Government Code No.14. It noted its antiquated and dilapidated structure and
stressed the "clear-up campaign on illegal squatters and
Sangguniang Bayan – Sec447, LGC: Powers, Duties,
unsanitary surroundings along Strong Boulevard."
Functions and Compensation. –
Since the notifications remained unheeded by Mayor ordered the
demolition.
Sangguniang Panlungsod – Sec458, LGC: Powers, Duties,
Functions and Compensation. –
Held: Mayor cannot summarily order the demolition.
Ordinance 147 does not authorize summary removal of non-
conforming structure. Sec 16 of the ordinance provides that a
certificate of non-conformance is necessary but even if Tan failed

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 55 -
to obtain one, the provision should not be interpreted as ordered padlocking of TDI’s plant premises without previous and
authorizing the summary removal of a non-conforming building by reasonable notice upon TDI. TDI instituted an action with
the municipal gov’t. Otherwise, it would be violative of due process RTC.RTC ruled in favor of mayor. MR by TDI denied. CA affirmed.
and must be struck down.
Held: The dissolution of the writ of preliminary injunction is
LGCode imposes upon the mayor the duty "to cause to be justified by the trial court and correctly upheld by CA.
instituted judicial proceedings in connection with the violation of The following circumstances justify the dissolution:
ordinances" (LGCode, Sec. 141 [2] [t]). Thus, the violation of a 1. No Mayor’s Permit. The mayor can deny application for a
municipal ordinance neither empowers the Municipal Mayor to
permit to operate a business or close it by his police power
avail of extra-judicial remedies.
unless appropriate measures are taken to control or avoid
injury to the health of the residents of the community from
The general welfare clause authorizing the abatement of
emissions in the operation of the business.
nuisances without judicial proceedings applies to a nuisance per
While determination whether there is pollution of the environment
se, or one which affects the immediate safety of persons and
that requires control (if not prohibition) of the operation of a
property and may be summarily abated under the undefined law of
business is essentially addressed to the EMB (National Pollution
necessity
Control Commission before) of DENR, the mayor of a town has as
much responsibility to protect its inhabitants from pollution.
The storage of copra in the quonset is a legitimate business. By its
2. Acting Mayor had called the attention of TDI to the pollution
nature, it can not be said to be injurious to rights of property, of
emitted by the fumes of its plant whose offensive odor also
health or of comfort of the community. If it be a nuisance per
affects the health of the residents so that it was ordered to
accidens, it may be so proven in a hearing conducted for that
stop its operation until further orders and required to bring
purpose. It is not per se a nuisance warranting its summary
permits.
abatement without judicial intervention.
3. The action of the Mayor was in response to complaint of the
residents directed to the Provincial Governor.
While the Sangguniang Bayan may provide for the abatement of a
Although it may be true that some signatures in the 4page petition
nuisance (LGCode, Sec. 149 [ee]), it cannot declare a particular
were written by one person (particularly among members of same
thing as a nuisance per se and order its condemnation. The
family), on the whole the many signatures appear to be written by
nuisance can only be so adjudged by judicial determination.
different persons.
Certification of barrio captain that he has not received any
In CAB, Tan was in lawful possession of the lot and quonset by complaint on the matter must be because complaint was sent
virtue of PPA permit. It was not squatting on public land. Its directly to the Governor through Acting Mayor.
property was not of trifling value. It was thus entitled to an impartial 4. Closure order was issued after an investigation made by
hearing before a tribunal authorized to decide whether the quonset Guina – the fumes emitted by plant goes directly to
building did constitute a nuisance in law. surrounding houses and that no proper air pollution device
has been installed.
There was no compelling necessity for precipitate action. The 5. TDI failed to produce a building permit from Sta. Maria
mayor et al transcended their authority in abating summarily the municipality but instead presented a Makati building permit.
quonset building. They had deprived petitioner of its property 6. The temporary permit to operate from National Pollution
without due process of law. Control Commission TDI presented was good only up to
May25, 1988. TDI did not exert any effort to extend or validate
its permit nor to install any device to control the pollution and
Technology Developers, Inc. vs. CA (1991) 193SCRA147 prevent any hazard to the health of the residents of the
community.
Facts: Although TDI had spent a huge investment in its dollar-earning
Technology Developers, Inc. (TDI) is a domestic private industry, it must be stressed that concomitant with the need to
corporation engaged in the manufacture and export of charcoal promote investment and contribute to the growth of the economy is
briquette. It received a letter from acting mayor ordering full the equally essential imperative of protecting the health and lives
cessation of operation of its Sta. Maria plant and requesting Plant of the people from the deleterious effect of the pollution of the
Managaer to bring to the office of the mayor permits (Building, environment.
Mayor’s, and Pollution of Environment and Natural Resources Anti-
Pollution). As to the Anti-Pollution Permit, TDI tried to secure it
although it had previously secured before its operation a Technology Developers, Inc. vs. CA (1991) 201SCRAxi
“Temporary Permit to Operate Air Pollution Installation” issued by
Environmental Management Bureau (EMB). EMB is at a stage Facts:
trying to determine correct kind of anti-pollution devise to be TDI filed a motion for reconsideration of the SC decision denying
installed for TDI’s renewal of its permit. TDI didn’t have a mayor’s its petition for review:
permit so it tried to secure one but it was not entertained. Mayor

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 56 -
1. SC decision being anchored on factual allegation in mayor’s certified that the plant “is in accordance with the development
pleadings, which all courts assumed to be true, TDI alleges plan and zonification of the locality
the following to rebut the mayor’s factual bases:  Acting mayor may not capriciously deny a permit to operate a
a. TDI obtained a Mayor’s permit but from the wrong mayor legitimate business on the ground that its plant was causing
(in Makati where its principal office is located). Upon excessive air pollution
being apprised of the need to obtain one in Sta. Maria,  Only the EMB, after due notice and hearing may determine
TDI applied but was rebuffed. whether excessive pollution exists as held in the case Mead vs.
b. Petition against the charcoal plant was “padded” - NBI Argel that EMB is given authority by Sec6:
handwriting expert certified that several signatures in the a. to determine whether a pollution exists in any of the waters
petition by supposed residents of Brgy. Guyong were and/or atmospheric air of the Philippines
written by only one person b. to hold public hearings, make findings of facts and
c. Guina’s report that smoke from plant “contain particulate determinations all with respect to violations of the Act or
matters hazardous to health” has not been verified and orders issued by the Commission
confirmed by EMB. c. to institute or cause to be instituted in competent court legal
d. TDI has a building permit issued by Building Official of proceedings to compel compliance
Ministry of Public Works and Highways – a higher d. after due notice and hearing, revoke, suspend or modify any
authority than the building official of Sta. Maria. permit issued under the Act whenever modifications are
e. Permit issued by EMB authorizing TDI’s operation was necessary to prevent or abate pollution…
renewed and extended up to Dec.1990. It was not e. Sec8 on authority of Commission to determine existence of
renewed in 1991 because of the mayor’s closure order. pollution and to take appropriate court actions to abate or
2. SC must examine the jurisdictional issue of whether a town prevent it
mayor is empowered by law to close a plant/business (a) for f. That in matters not related to nuisance, no court action shall
lack of a mayor’s permit and (b) for alleged violation of anti- be initiated until Commission has determined existence of
pollution laws. RTC and CA turned upon the mayor’s what in law is considered pollution
justifications for closure order issuance, not his jurisdiction to
do so. It is beyond a municipal mayor’s and competence to review, revise,
reverse, or set aside a permit to operate LTD’s charcoal briquette
Held: Acting Mayor is without jurisdiction to issue closure orde. plant issued by EMB, which is the primary authority whether TDI’s
PD984 is the applicable law which created the National Pollution manufacturing process violates anti-pollution laws, rules and
Control Commission (later renamed to EMB) as the primary regulations.
agency responsible for prevention and control of environmental 1. Complaint against TDI should have been addressed to EMB
pollution in the country: which alone is empowered to investigate and determine (after
1. Sec10 and 17, PD984 affirms its primacy of jurisdiction on public hearing) whether:
matters of air, water and land pollution by providing that rules a. Charcoal plant was causing air pollution in excess of
and regulations issued by EMB for prevention of pollution permissible limits
“shall supersede and prevail over any rules or regulations as b. Discharge of smoke from TDI’s 16meter smoke stack
may heretofore have been issued by other government should be reduced or discontinued
agencies… any provision of laws…. c. Additional devices for that purpose should be installed
 Evidently, even provisions of Civil Code on nuisance (insofar as d. Its business should be temporarily suspended or totally
it is caused by pollution of air, water or land resources) are banned
deemed superseded by PD984 (a special law on subject of 2. EMB (special agency created by law for this purpose)
pollution) assisted by its staff with expertise and facilities is one
2. Sec6 enumerates powers and functions to EMB which are not competent to investigate and determine degree and extent of
conferred by law on town officials (see #4 enumerated under air pollution in plant site and around it, and determine the
Mead vs. Argel case) danger it poses to people’s health
 Never the law’s intention to place in the hands of just any
3. Sec7 requires that “public hearings shall be conducted by the layman the authority to determine if pollution exists, and the power
Commissioner xxx prior to issuance or promulgation of any to toll the death knell of a multi-million peso industry which not only
order or decision requiring discontinuance of discharge of xxx provides jobs but also brings in export dollars for the country’s
industrial wastes xxx into water, air or land resources of the dollar-starved economy.
Philippines”
 No public hearings was held by Acting Mayor
 It is the discharge of industrial wasters, not the operation of RA8749: An Act Providing For A Comprehensive Air
business, that may be discontinued Pollution Control Policy And For Other Purposes
4. TDI had been issued by EMB to operate its plant in 1987-
1988, renewed for the year 1989, and again for 1990, and the Sec7: Integrated Air Quality Improvement Framework. — The
Deputy Zoning Administrator of Sta. Maria, Bulacan had Department shall, within six (6) months after the effectivity of this
Act, establish, with the participation of LGUs, NGOs, POs, the

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 57 -
academe and other concerned entities from the private sector, from time to time, revise information on air pollution control
formulate and implement the Integrated Air Quality Improvement techniques. Such information shall include…
Framework for a comprehensive air pollution management and
control program. The framework shall, among others, prescribe Sec16: Permits. — Consistent with the provisions of this Act, the
the emission reduction goals using permissible standards, Department shall have the authority to issue permits as it may
control strategies and control measures to be undertaken within determine necessary for the prevention and abatement of air
a specified time period, including cost-effective use of economic pollution.
incentives, management strategies, collective action, and Said permits shall cover emission limitations for the regulated air
environmental education and information. pollutants to help attain and maintain the ambient air quality
The Integrated Air Quality Improvement Framework shall be standards. These permits shall serve as management tools for
adopted as the official blueprint with which all government the LGUs in the development of their action plan.
agencies must comply with to attain and maintain ambient air
quality standards. Sec20: Ban on Incineration. — …
Local government units are hereby mandated to promote,
Sec8: Air Quality Control Action Plan. — …. encourage and implement in their respective jurisdiction a
Likewise, the LGUs, with the assistance from the Department, comprehensive ecological waste management that includes
shall prepare and develop an action plan consistent with the waste segregation, recycling and composting.
Integrated Air Quality Improvement Framework to attain and With due concern on the effects of climate change, the
maintain the ambient air quality standards within their respective Department shall promote the use of state-of-the-art,
airsheds as provided in Section 9 hereof. environmentally-sound and safe non-burn technologies for the
The local government units shall develop and submit to the handling, treatment, thermal destruction, utilization, and disposal
Department a procedure for carrying out the action plan for their of sorted, unrecycled, uncomposted municipal, bio-medical and
jurisdiction. The Department, however, shall maintain its hazardous wastes.
authority to independently inspect the enforcement procedure
adopted. The Department shall have the power to closely Sec24: Pollution from Smoking. — Smoking inside a public
supervise all or parts of the air quality action plan until such time building or an enclosed public place including public vehicles
the local government unit concerned can assume the function to and other means of transport or in any enclosed area outside of
enforce the standards set by the Department. one's private residence, private place of work or any duly
A multi-sectoral monitoring team with broad public designated smoking area is hereby prohibited under this Act.
representation shall be convened by the Department for each This provision shall be implemented by the LGUs.
LGU to conduct periodic inspections of air pollution sources to
assess compliance with the emission limitations contained in Sec36: Role of Local Government Units. — Local government
their permits. units (LGUs) shall share the responsibility in the management
and maintenance of air quality within their territorial jurisdiction.
Sec9: Airsheds. — (Are these analogous to watersheds?) Consistent with Sections 7, 8 and 9 of this Act, LGUs shall
implement air quality standards set by the Board in areas within
Sec10: Management of Nonattainment Areas. — The their jurisdiction: Provided, however, That in case where the
Department shall designate areas where specific pollutants Board has not been duly constituted and has not promulgated
have already exceeded ambient standards as nonattainment its standards, the standards set forth in this Act shall apply.
areas. The Department shall prepare and implement a program The Department shall provide the LGUs with technical
that will prohibit new sources of exceeded air pollutant without a assistance, trainings and a continuing capability-building
corresponding reduction in existing sources. program to prepare them to undertake full administration of the
In coordination with other appropriate government agencies, the air quality management and regulation within their territorial
LGUs shall prepare and implement a program and other jurisdiction.
measures including relocation, whenever necessary, to protect
the health and welfare of residents in the area. Sec37: Environment and Natural Resources Office. — There
For those designated as nonattainment areas, the Department, may be established an Environment and Natural Resources
after consultation with local government authorities, Office in every province, city, or municipality which shall be
nongovernment organizations (NGOs), people's organizations headed by the environment and natural resources officer and
(POs) and concerned sectors may revise the designation of shall be appointed by the Chief Executive of every province, city
such areas and expand its coverage to cover larger areas or municipality in accordance with the provisions of Section 484
depending on the condition of the areas. of Republic Act No. 7160. Its powers and duties, among others,
are:
Sec11: Air Quality Control Techniques. — Simultaneous with the a) To prepare comprehensive air quality management programs,
issuance of the guideline values and standards, the Department, plans and strategies within the limits setforth in Republic Act No.
through the research and development program contained in 7160 and this Act which shall be implemented within its territorial
this Act and upon consultation with the appropriate advisory jurisdiction upon the approval of the sanggunian;
committees, government agencies and LGUs, shall issue, and

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 58 -
b) To provide technical assistance and support to the governor (g) A representative from the NGO sector whose principal
or mayor, as the case may be, in carrying out measures to purpose is to promote recycling and the protection of air and
ensure the delivery of basic services and the provision of water quality;
adequate facilities relative to air quality; (h) A representative from the recycling industry;
c) To take the lead in all efforts concerning air quality protection (i) A representative from the manufacturing or packaging
and rehabilitation; industry; and
d) To recommend to the Board air quality standards which shall (j) A representative of each concerned government agency
not exceed the maximum permissible standards set by national possessing relevant technical and marketing expertise as may
laws; be determined by the Board.
e) To coordinate with other government agencies and non- The Provincial Solid Waste Management Board may, from time
governmental organizations in the implementation of measures to time, call on any other concerned agencies or sectors as it
to prevent and control air pollution; and may deem necessary.
f) Exercise such other powers and perform such duties and Provided, That representatives from the NGOs, recycling and
functions as may be prescribed by law or ordinance: Provided, manufacturing or packaging industries shall be selected through
however, That in provinces/cities/municipalities where there are a process designed by themselves and shall be endorsed by the
no environment and natural resources officers, the local government agency representatives of the Board: Provided,
executive concerned may designate any of his official and/or further, That in the Province of Palawan, the Board shall be
chief of office preferably the provincial, city or municipal chaired by the chairman of the Palawan Council for Sustainable
agriculturist, or any of his employee: Provided, finally, That in Development, pursuant to Republic Act No. 7611.
case an employee is designated as such, he must have a In the case of Metro Manila, the Board shall be chaired by the
sufficient experience in environmental and natural resources chairperson of the MMDA and its members shall include:
management, conservation and utilization. (i) All mayors of its component cities and municipalities;
(ii) A representative from the NGO sector whose principal
Sec39: Public Education and Information Campaign. — purpose is to promote recycling and the protection of air and
water quality;
RA9003: AN ACT PROVIDING FOR AN ECOLOGICAL SOLID (iii) A representative from the recycling industry; and
WASTE MANAGEMENT PROGRAM, CREATING THE (iv) A representative from the manufacturing or packaging
NECESSARY INSTITUTIONAL MECHANISMS AND industry.
INCENTIVES, DECLARING CERTAIN ACTS PROHIBITED The Board may, from time to time, call on any other concerned
AND PROVIDING PENALTIES, APPROPRIATING FUNDS agencies or sectors as it may deem necessary.
THEREFOR, AND FOR OTHER PURPOSES Provided, That representatives from the NGOs, recycling and
manufacturing or packaging industries shall be selected through
Sec10: Role of LGUs in Solid Waste Management. — Pursuant a process designed by themselves and shall be endorsed by the
to the relevant provisions of R.A. No. 7160, otherwise known as government agency representatives of the Board.
the Local Government Code, the LGUs shall be primarily The Provincial Solid Waste Management Board shall have the
responsible for the implementation and enforcement of the following functions and responsibilities:
provisions of this Act within their respective jurisdictions. (1) Develop a provincial solid waste management plan
Segregation and collection of solid waste shall be conducted at from the submitted solid waste management plans of the
the barangay level specifically for biodegradable, compostable respective city and municipal solid waste management boards
and reusable wastes: Provided, That the collection of non- herein created. It shall review and integrate the submitted plans
recyclable materials and special wastes shall be the of all its component cities and municipalities and ensure that the
responsibility of the municipality or city. various plans complement each other, and have the requisite
components. The Provincial Solid Waste Management Plan
Sec11: Provincial Solid Waste Management Board. — A shall be submitted to the Commission for approval.
Provincial Solid Waste Management Board shall be established The Provincial Plan shall reflect the general program of action
in every province, to be chaired by the governor. Its members and initiatives of the provincial government in implementing a
shall include: solid waste management program that would support the
(a) All the mayors of its component cities and municipalities; various initiatives of its component cities and municipalities.
(b) One (1) representative from the Sangguniang Panlalawigan (2) Provide the necessary logistical and operational
to be represented by the chairperson of either the Committees support to its component cities and municipalities in consonance
on Environment or Health or their equivalent committees, to be with subsection (f) of Sec. 17 of the Local Government Code;
nominated by the presiding officer; (3) Recommend measures and safeguards against
(c) The provincial health and/or general services officers, pollution and for the preservation of the natural ecosystem;
whichever may be recommended by the governor; (4) Recommend measures to generate resources,
(d) The provincial environment and natural resources officer; funding and implementation of projects and activities as
(e) The provincial engineer; specified in the duly approved solid waste management plans;
(f) Congressional representative/s from each congressional (5) Identify areas within its jurisdiction which have
district within the province; common solid waste management problems and are

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 59 -
appropriate units for planning local solid waste management The City and Municipal Solid Waste Boards shall have the
services in accordance with Section 41 hereof; following duties and responsibilities:
(6) Coordinate the efforts of the component cities and (1) Develop the City or Municipal Solid Waste
municipalities in the implementation of the Provincial Solid Management Plan that shall ensure the long-term management
Waste Management Plan; of solid waste, as well as integrate the various solid waste
(7) Develop an appropriate incentive scheme as an management plans and strategies of the barangays in its area of
integral component of the Provincial Solid Waste Management jurisdiction. In the development of the Solid Waste Management
Plan; Plan, it shall conduct consultations with the various sectors of
(8) Convene joint meetings of the provincial, city and the community;
municipal solid waste management boards at least every (2) Adopt measures to promote and ensure the viability
quarter for purposes of integrating, synchronizing, monitoring and effective implementation of solid waste management
and evaluating the development and implementation of its programs in its component barangays;
provincial solid waste management plan; (3) Monitor the implementation of the City or Municipal
(9) Represent any of its component city or municipality in Solid Waste Management Plan through its various political
coordinating its resource and operational requirements with subdivisions and in cooperation with the private sector and the
agencies of the national government; NGOs;
(10) Oversee the implementation of the Provincial Solid (4) Adopt specific revenue-generating measures to
Waste Management Plan; promote the viability of its Solid Waste Management Plan;
(11) Review every two (2) years or as the need arises the (5) Convene regular meetings for purposes of planning
Provincial Solid Waste Management Plan for purposes of and coordinating the implementation of the solid waste
ensuring its sustainability, viability, effectiveness and relevance management plans of the respective component barangays;
in relation to local and international developments in the field of (6) Oversee the implementation of the City or Municipal
solid waste management; and Solid Waste Management Plan; cAHIaE
(12) Allow for the clustering of LGUs for the solution of (7) Review every two (2) years or as the need arises the
common solid waste management problems. City or Municipal Solid Waste Management Plan for purposes of
ensuring its sustainability, viability, effectiveness and relevance
Sec12: City and Municipal Solid Waste Management Board. — in relation to local and international developments in the field of
Each city or municipality shall form a City or Municipal Waste solid waste management;
Management Board that shall prepare, submit and implement a (8) Develop the specific mechanics and guidelines for the
plan for the safe and sanitary management of solid waste implementation of the City or Municipal Solid Waste
generated in areas under its geographic and political coverage. Management Plan;
The City or Municipal Solid Waste Management Board shall be (9) Recommend to appropriate local government
composed of the city or municipal mayor as head with the authorities specific measures or proposals for franchise or build-
following as members: operate-transfer agreements with duly recognized institutions,
(a) One (1) representative of the Sangguniang pursuant to R.A. 6957, to provide either exclusive or non-
Panlungsod or the Sangguniang Bayan, preferably chairpersons exclusive authority for the collection, transfer, storage,
of either the Committees on Environment or Health, who will be processing, recycling or disposal of municipal solid waste. The
designated by the presiding officer; proposals shall take into consideration appropriate government
(b) President of the Association of Barangay Councils in rules and regulations on contracts, franchises and build-operate-
the municipality or city; transfer agreements;
(c) Chairperson of the Sangguniang Kabataan (10) Provide the necessary logistical and operational
Federation; support to its component cities and municipalities in consonance
(d) A representative from NGOs whose principal purpose with subsection (f) of Sec. 17 of the Local Government Code;
is to promote recycling and the protection of air and water (11) Recommend measures and safeguards against
quality; pollution and for the preservation of the natural ecosystem; and
(e) A representative from the recycling industry; (12) Coordinate the efforts of its component barangays in
(f) A representative from the manufacturing or packaging the implementation of the city or municipal Solid Waste
industry; and Management Plan.
(g) A representative of each concerned government
agency possessing relevant technical and marketing expertise Sec13: Establishment of Multi-Purpose Environment
as may be determined by the Board. Cooperatives or Associations in Every LGU. — Multi-purpose
The City or Municipal Solid Waste Management Board may, cooperatives and associations that shall undertake activities to
from time to time, call on any concerned agencies or sectors as promote the implementation and/or directly undertake projects in
it may deem necessary. compliance with the provisions of this Act shall be encouraged
Provided, That representatives from the NGOs, recycling and and promoted in every LGU.
manufacturing or packaging industries shall be selected through
a process designed by themselves and shall be endorsed by the Sec16: Local Government Solid Waste Management
government agency representatives of the Board. Plans. — The province, city or municipality, through its local

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 60 -
solid waste management boards, shall prepare its respective disposed of within that area. The constituent materials shall be
10-year solid waste management plans consistent with the identified by volume, percentage in weight or its volumetric
national solid waste management framework: Provided, That the equivalent, material type, and source of generation which
waste management plan shall be for the re-use, recycling and includes residential, commercial, industrial, governmental, or
composting of wastes generated in their respective jurisdictions: other sources. Future revisions of waste characterization studies
Provided, further, That the solid waste management plan of the shall identify the constituent materials which comprise the solid
LGU shall ensure the efficient management of solid waste waste disposed of at permitted disposal facilities.
generated within its jurisdiction. The plan shall place primary (c) Collection and Transfer — The plan shall take into
emphasis on implementation of all feasible re-use, recycling, account the geographic subdivisions to define the coverage of
and composting programs while identifying the amount of landfill the solid waste collection area in every barangay. The barangay
and transformation capacity that will be needed for solid waste shall be responsible for ensuring that a 100% collection
which cannot be re-used, recycled, or composted. The plan shall efficiency from residential, commercial, industrial and
contain all the components provided in Sec. 17 of this Act and a agricultural sources, where necessary within its area of
timetable for the implementation of the solid waste management coverage, is achieved. Toward this end, the plan shall define
program in accordance with the National Framework and and identify the specific strategies and activities to be
pursuant to the provisions of this Act: Provided, finally, That it undertaken by its component barangays, taking into account the
shall be reviewed and updated every year by the provincial, city following concerns:
or municipal solid waste management board. (1) Availability and provision of properly designed
For LGUs which have considered solid waste management containers or receptacles in selected collection points for the
alternatives to comply with Sec. 37 of this Act, but are unable to temporary storage of solid waste while awaiting collection and
utilize such alternatives, a timetable or schedule of compliance transfer to processing sites or to final disposal sites;
specifying the remedial measures and eventual compliance (2) Segregation of different types of solid waste for re-
shall be included in the plan. use, recycling and composting;
All local government solid waste management plans shall be (3) Hauling and transfer of solid waste from source or
subjected to the approval of the Commission. The plan shall be collection points to processing sites or final disposal sites;
consistent with the national framework and in accordance with (4) Issuance and enforcement of ordinances to effectively
the provisions of this Act and of the policies set by the implement a collection system in the barangay; and
Commission: Provided, That in the Province of Palawan, the (5) Provision of properly trained officers and workers to
local government solid waste management plan shall be handle solid waste disposal.
approved by the Palawan Council for Sustainable Development, The plan shall define and specify the methods and systems for the
pursuant to R.A. No. 7611. transfer of solid waste from specific collection points to solid
waste management facilities.
Sec17: The Components of the Local Government Solid Waste (d) Processing — The plan shall define the methods and
Management Plan. — The solid waste management plan shall the facilities required to process the solid waste, including the
include, but not be limited to, the following components: use of intermediate treatment facilities for composting, recycling,
(a) City or Municipal Profile — The plan shall indicate the conversion and other waste processing systems. Other
following background information on the city or municipality and appropriate waste processing technologies may also be
its component barangays, covering important highlights of the considered provided that such technologies conform with
distinct geographic and other conditions: internationally-acceptable and other standards set in other laws
(1) Estimated population of each barangay within the city and regulations.
or municipality and population projection for a 10-year period; (e) Source reduction — The source reduction component
(2) Illustration or map of the city/municipality, indicating shall include a program and implementation schedule which
locations of residential, commercial, and industrial centers, and shows the methods by which the LGU will, in combination with
agricultural area, as well as dump sites, landfills and other solid the recycling and composting components, reduce a sufficient
waste facilities. The illustration shall indicate as well, the amount of solid waste disposed of in accordance with the
proposed sites for disposal and other solid waste facilities; diversion requirements of Sec. 20.
(3) Estimated solid waste generation and projection by The source reduction component shall describe the following:
source, such as residential, market, commercial, industrial, (1) strategies in reducing the volume of solid waste
construction/demolition, street waste, agricultural, agro- generated at source;
industrial, institutional, other wastes; and (2) measures for implementing such strategies and the
(4) Inventory of existing waste disposal and other solid resources necessary to carry out such activities;
waste facilities and capacities. (3) other appropriate waste reduction technologies that
(b) Waste characterization — For the initial source may also be considered, provided that such technologies
reduction and recycling element of a local waste management conform with the standards set pursuant to this Act;
plan, the LGU waste characterization component shall identify (4) the types of wastes to be reduced pursuant to Sec. 15
the constituent materials which comprise the solid waste of this Act;
generated within the jurisdiction of the LGU. The information
shall be representative of the solid waste generated and

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 61 -
(5) the methods that the LGU will use to determine the indicate the specific measures to be undertaken to meet the
categories of solid wastes to be diverted from disposal at a waste diversion specified under Sec. 20 of this Act.
disposal facility through re-use, recycling and composting; and Recommended revisions to the building ordinances, requiring
(6) new facilities and of expansion of existing facilities newly-constructed buildings and buildings undergoing specified
which will be needed to implement re-use, recycling and alterations to contain storage space, devices or mechanisms
composting. that facilitate source separation and storage of designated
The LGU source reduction component shall include the recyclable materials to enable the local government unit to
evaluation and identification of rate structures and fees for the efficiently collect, process, market and sell the designated
purpose of reducing the amount of waste generated, and other materials. Such recommendations shall include, but shall not be
source reduction strategies, including but not limited to, limited to separate chutes to facilitate source separation in multi-
programs and economic incentives provided under Sec. 45 of family dwellings, storage areas that conform to fire and safety
this Act to reduce the use of non-recyclable materials, replace code regulations, and specialized storage containers.
disposable materials and products with reusable materials and The Solid Waste Management Plan shall indicate the specific
products, reduce packaging, and increase the efficiency of the measures to be undertaken to meet the recycling goals pursuant
use of paper, cardboard, glass, metal, and other materials. The to the objectives of this Act.
waste reduction activities of the community shall also take into (g) Composting — The composting component shall
account, among others, local capability, economic viability, include a program and implementation schedule which shows
technical requirements, social concerns, disposition of residual the methods by which the LGU shall, in combination with the
waste and environmental impact: Provided, That, projection of source reduction and recycling components, reduce a sufficient
future facilities needed and estimated cost shall be incorporated amount of solid waste disposed of within its jurisdiction to
in the plan. comply with the diversion requirements of Sec. 20 hereof.
(f) Recycling — The recycling component shall include a The LGU composting component shall describe the following:
program and implementation schedule which shows the (1) The types of materials which will be composted under
methods by which the LGU shall, in combination with the source the programs;
reduction and composting components, reduce a sufficient (2) The methods for determining the categories of solid
amount of solid waste disposed of in accordance with the wastes to be diverted from disposal at a disposal facility through
diversion requirements set in Sec. 20. composting; and
The LGU recycling component shall describe the following: (3) New facilities, and expansion of existing facilities
(1) The types of materials to be recycled under the needed to implement the composting component.
programs; The LGU composting component shall describe methods for
(2) The methods for determining the categories of solid developing the markets for composted materials, including, but
wastes to be diverted from disposal at a disposal facility through not limited to, an evaluation of the feasibility of procurement
recycling; and preferences for the purchase of composted products. Each LGU
(3) New facilities and expansion of existing facilities may determine and grant a price preference to encourage the
needed to implement the recycling component. purchase of composted products.
The LGU recycling component shall describe methods for (h) Solid waste facility capacity and final disposal — The
developing the markets for recycled materials, including, but not solid waste facility component shall include, but shall not be
limited to, an evaluation of the feasibility of procurement limited to, a projection of the amount of disposal capacity
preferences for the purchase of recycled products. Each LGU needed to accommodate the solid waste generated, reduced by
may determine and grant a price preference to encourage the the following:
purchase of recycled products. (1) Implementation of source reduction, recycling, and
The five-year strategy for collecting, processing, marketing and composting programs required in this Section or through
selling the designated recyclable materials shall take into implementation of other waste diversion activities pursuant to
account persons engaged in the business of recycling or Sec. 20 of this Act;
persons otherwise providing recycling services before the (2) Any permitted disposal facility which will be available
effectivity of this Act. Such strategy may be based upon the during the 10-year planning period; and
results of the waste composition analysis performed pursuant to (3) All disposal capacity which has been secured through
this Section or information obtained in the course of past an agreement with another LGU, or through an agreement with
collection of solid waste by the local government unit, and may a solid waste enterprise.
include recommendations with respect to increasing the number The plan shall identify existing and proposed disposal sites and
of materials designated for recycling pursuant to this Act. waste management facilities in the city or municipality or in other
The LGU recycling component shall evaluate industrial, areas. The plan shall specify the strategies for the efficient
commercial, residential, agricultural, governmental, and other disposal of waste through existing disposal facilities and the
curbside, mobile, drop-off, and buy-back recycling programs, identification of prospective sites for future use. The selection
manual and automated materials recovery facilities, zoning, and development of disposal sites shall be made on the basis of
building code changes and rate structures which encourage internationally accepted standards and on the guidelines set in
recycling of materials. The Solid Waste Management Plan shall Secs. 41 and 42 of this Act.

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 62 -
Strategies shall be included to improve said existing sites to offered as private sector investment activity shall be identified
reduce adverse impact on health and the environment, and to and promoted as such. Appropriate incentives for private sector
extend life span and capacity. The plan shall clearly define involvement in solid waste management shall likewise be
projections for future disposal site requirements and the established and provided for in the plan, in consonance with
estimated cost for these efforts. Sec. 45 hereof and other existing laws, policies and regulations;
Open dump sites shall not be allowed as final disposal sites. If and
an open dump site is existing within the city or municipality, the (m) Incentive programs — A program providing for
plan shall make provisions for its closure or eventual phase out incentives, cash or otherwise, which shall encourage the
within the period specified under the framework and pursuant to participation of concerned sectors shall likewise be included in
the provisions under Sec. 37 of this Act. As an alternative, the plan.
sanitary landfill sites shall be developed and operated as a final
disposal site for solid and, eventually, residual wastes of a Sec18: Owner and Operator. — Responsibility for compliance
municipality or city or a cluster of municipalities and/or cities. with the standards in this Act shall rest with the owner and/or
Sanitary landfills shall be designed and operated in accordance operator. If specifically designated, the operator is considered to
with the guidelines set under Secs. 40 and 41 of this Act. have primary responsibility for compliance; however, this does
(i) Education and public information — The education not relieve the owner of the duty to take all reasonable steps to
and public information component shall describe how the LGU assure compliance with these standards and any assigned
will educate and inform its citizens about the source reduction, conditions. When the title to a disposal is transferred to another
recycling, and composting programs. person, the new owner shall be notified by the previous owner of
The plan shall make provisions to ensure that information on the existence of these standards and of the conditions assigned
waste collection services, solid waste management and related to assure compliance.
health and environmental concerns are widely disseminated
among the public. This shall be undertaken through the print and Sec19: Waste Characterization. — The Department, in
broadcast media and other government agencies in the coordination with the LGUs, shall be responsible for the
municipality. The DECS and the Commission on Higher establishment of the guidelines for the accurate characterization
Education shall ensure that waste management shall be of wastes including determination of whether or not wastes will
incorporated in the curriculum of primary, secondary and college be compatible with containment features and other wastes, and
students. whether or not wastes are required to be managed as
(j) Special waste — The special waste component shall hazardous wastes under R.A. 6969, otherwise known as the
include existing waste handling and disposal practices for Toxic Substances and Hazardous and Nuclear Wastes Control
special wastes or household hazardous wastes, and the Act.
identification of current and proposed programs to ensure the
proper handling, re-use, and long-term disposal of special Sec20: Establishing Mandatory Solid Waste Diversion. — Each
wastes. LGU plan shall include an implementation schedule which
(k) Resource requirement and funding — The funding shows that within five (5) years after the effectivity of this Act,
component includes identification and description of project the LGU shall divert at least 25% of all solid waste from waste
costs, revenues, and revenue sources the LGU will use to disposal facilities through re-use, recycling, and composting
implement all components of the LGU solid waste management activities and other resource recovery activities: Provided, That
plan. the waste diversion goals shall be increased every three (3)
The plan shall likewise indicate specific projects, activities, years thereafter: Provided, further, That nothing in this Section
equipment and technological requirements for which outside prohibits a local government unit from implementing re-use,
sourcing of funds or materials may be necessary to carry out the recycling, and composting activities designed to exceed the
specific components of the plan. It shall define the specific uses goal.
for its resource requirements and indicate its costs. The plan
shall likewise indicate how the province, city or municipality ARTICLE 2 Segregation of Wastes
intends to generate the funds for the acquisition of its resource Sec21: Mandatory Segregation of Solid Wastes. — The LGUs
requirements. It shall also indicate if certain resource shall evaluate alternative roles for the public and private sectors
requirements are being or will be sourced from fees, grants, in providing collection services, type of collection system, or
donations, local funding and other means. This will serve as combination of systems, that best meet their needs: Provided,
basis for the determination and assessment of incentives which That segregation of wastes shall primarily be conducted at the
may be extended to the province, city or municipality as source, to include household, institutional, industrial, commercial
provided for in Sec. 45 of this Act. and agricultural sources: Provided, further, That wastes shall be
(l) Privatization of solid waste management projects — segregated into the categories provided in Sec. 22 of this Act.
The plan shall likewise indicate specific measures to promote For premises containing six (6) or more residential units, the
the participation of the private sector in the management of solid local government unit shall promulgate regulations requiring the
wastes, particularly in the generation and development of the owner or person in charge of such premises to:
essential technologies for solid waste management. Specific (a) provide for the residents a designated area and
projects or component activities of the plan which may be containers in which to accumulate source separated recyclable

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 63 -
materials to be collected by the municipality or private center; including NGOs, to develop or undertake an effective solid
and waste management, or actively participate in any program
(b) notify the occupants of such buildings of the geared towards the promotion thereof as provided for in this Act.
requirements of this Act and the regulations promulgated (1) Fiscal Incentives — Consistent with the provisions of
pursuant thereto. E.O. 226, otherwise known as the Omnibus Investments Code,
the following tax incentives shall be granted:
Sec22: Requirements for the Segregation and Storage of Solid (a) Tax and Duty Exemption on Imported Capital
Waste. — The following shall be the minimum standards and Equipment and Vehicles — Within ten (10) years upon effectivity
requirements for segregation and storage of solid waste pending of this Act, LGUs, enterprises or private entities shall enjoy tax
collection: and duty-free importation of machinery, equipment, vehicles and
(a) There shall be a separate container for each type of spare parts used for collection, transportation, segregation,
waste from all sources: Provided, That in the case of bulky recycling, re-use and composting of solid wastes: Provided, That
waste, it will suffice that the same be collected and placed in a the importation of such machinery, equipment, vehicle and spare
separate and designated area; and parts shall comply with the following conditions:
(b) The solid waste container depending on its use shall (i) They are not manufactured domestically in sufficient
be properly marked or identified for on-site collection as quantity, of comparable quality and at reasonable prices;
"compostable", "non-recyclable", "recyclable" or "special waste", (ii) They are reasonably needed and will be used actually,
or any other classification as may be determined by the directly and exclusively for the above mentioned activities;
Commission. (iii) The approval of the Board of Investment (BOI) of the
DTI for the importation of such machinery, equipment, vehicle
Sec43: Guidelines for Identification of Common Solid Waste and spare parts.
Management Problems. — For purposes of encouraging and Provided, further, That the sale, transfer or disposition of such
facilitating the development of local government plans for solid machinery, equipment, vehicle and spare parts, without prior
waste management, the Commission shall, as soon as approval of the BOI, within five (5) years from the date of
practicable but not later than six (6) months from the effectivity acquisition shall be prohibited, otherwise, the LGU concerned,
of this Act, publish guidelines for the identification of those areas enterprises or private entities and the vendee, transferee or
which have common solid waste management problems and are assignee shall be solidarily liable to pay twice the amount of tax
appropriate units for clustered solid waste management and duty exemption given it.
services. The guidelines shall be based on the following: (b) Tax Credit on Domestic Capital Equipment — Within
(a) the size and location of areas which should be ten (10) years from the effectivity of this Act, a tax credit
included; equivalent to 50% of the value of the national internal revenue
(b) the volume of solid waste which would be generated; taxes and customs duties that would have been waived on the
(c) the available means of coordinating local government machinery, equipment, vehicle and spare parts, had these items
planning between and among the LGUs and for the integration been imported shall be given to enterprises, private entities,
of such with the national plan; and including NGOs, subject to the same conditions and prohibition
(d) possible lifespan of the disposal facilities. cited in the preceding paragraph.
(c) Tax and Duty Exemption of Donations, Legacies and
Sec44: Establishment of Common Waste Treatment and Gift — All legacies, gifts and donations to LGUs, enterprises or
Disposal Facilities. — Pursuant to Sec. 33 of R.A. 7160, private entities, including NGOs, for the support and
otherwise known as the Local Government Code, all provinces, maintenance of the program for effective solid waste
cities, municipalities and barangays, through appropriate management shall be exempt from all internal revenue taxes
ordinances, are hereby mandated to consolidate, or coordinate and customs duties, and shall be deductible in full from the
their efforts, services, and resources for purposes of jointly gross income of the donor for income tax purposes.
addressing common solid waste management problems and/or (2) Non-Fiscal Incentives — LGUS, enterprises or private
establishing common waste disposal facilities. entities availing of tax incentives under this Act shall also be
The Department, the Commission and local solid waste entitled to applicable non-fiscal incentives provided for under
management boards shall provide technical and marketing E.O. 226, otherwise known as the Omnibus Investments Code.
assistance to the LGUs. The Commission shall provide incentives to businesses and
industries that are engaged in the recycling of wastes and which
CHAPTER IV Incentives are registered with the Commission and have been issued
Sec45: Incentives. — (a) Rewards, monetary or otherwise, shall ECCs in accordance with the guidelines established by the
be provided to individuals, private organizations and entities, Commission. Such incentives shall include simplified procedures
including nongovernment organizations, that have undertaken for the importation of equipment, spare parts, new materials,
outstanding and innovative projects, technologies, processes and supplies, and for the export of processed products.
and techniques or activities in re-use, recycling and reduction. (3) Financial Assistance Program — Government
Said rewards shall be sourced from the Fund herein created. financial institutions such as the Development Bank of the
(b) An incentive scheme is hereby provided for the Philippines (DBP), Landbank of the Philippines (LBP),
purpose of encouraging LGUs, enterprises, or private entities, Government Service Insurance System (GSIS), and such other

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 64 -
government institutions providing financial services shall, in (c) distance of the transfer station to the waste
accordance with and to the extent allowed by the enabling management facility.
provisions of their respective charters or applicable laws, accord The fees shall be used to pay the actual costs incurred by the
high priority to extend financial services to individuals, LGU in collecting the local fees. In determining the amounts of
enterprises, or private entities engaged in solid waste the fees, an LGU shall include only those costs directly related
management. to the adoption and implementation of the plan and the setting
(4) Extension of Grants to LGUs — Provinces, cities and and collection of the local fees.
municipalities whose solid waste management plans have been
duly approved by the Commission or who have been
commended by the Commission for adopting innovative solid RA8550: An Act Providing For The Development,
waste management programs may be entitled to receive grants Management And Conservation Of The Fisheries And
for the purpose of developing their technical capacities toward Aquatic Resources, Integrating All Laws Pertinent Thereto,
actively participating in the program for effective and sustainable And For Other Purposes
solid waste management.
(5) Incentives to Host LGUs — Local government units Sec16: Jurisdiction of Municipal/City Government. — The
who host common waste management facilities shall be entitled municipal/city government shall have jurisdiction over municipal
to incentives. waters as defined in this Code. The municipal/city government,
in consultation with the FARMC shall be responsible for the
CHAPTER V Financing Solid Waste Management management, conservation, development, protection, utilization,
Sec46: Solid Waste Management Fund. — There is hereby and disposition of all fish and fishery/aquatic resources within
created, as a special account in the National Treasury, a Solid their respective municipal waters.
Waste Management Fund to be administered by the The municipal/city government may, in consultation with the
Commission. Such fund shall be sourced from the following: FARMC, enact appropriate ordinances for this purpose and in
(a) Fines and penalties imposed, proceeds of permits and accordance with the National Fisheries Policy. The ordinances
licenses issued by the Department under this Act, donations, enacted by the municipality and component city shall be
endowments, grants and contributions from domestic and reviewed pursuant to Republic Act No. 7160 by the sanggunian
foreign sources; and of the province which has jurisdiction over the same.
(b) Amounts specifically appropriated for the Fund under The LGUs shall also enforce all fishery laws, rules and
the annual General Appropriations Act. regulations as well as valid fishery ordinances enacted by the
The Fund shall be used to finance the following: municipal/city council.
(1) products, facilities, technologies and processes to The management of contiguous fishery resources such as bays
enhance proper solid waste management; which straddle several municipalities, cities or provinces, shall
(2) awards and incentives; be done in an integrated manner, and shall not be based on
(3) research programs; political subdivisions of municipal waters in order to facilitate
(4) information, education, communication and monitoring their management as single resource systems. The LGUs which
activities; share or border such resources may group themselves and
(5) technical assistance; and coordinate with each other to achieve the objectives of
(6) capability building activities. integrated fishery resource management. The Integrated
LGUs are entitled to avail of the Fund on the basis of their Fisheries and Aquatic Resources Management Councils
approved solid waste management plan. Specific criteria for the (FARMCs) established under Section 76 of this Code shall serve
availment of the Fund shall be prepared by the Commission. as the venues for close collaboration among LGUs in the
The fines collected under Sec. 49 shall be allocated to the LGU management of contiguous resources.
where the fined prohibited acts are committed in order to finance
the solid waste management of said LGU. Such allocation shall Sec17: Grant of Fishing Privileges in Municipal Waters. — The
be based on a sharing scheme between the Fund and the LGU duly registered fisherfolk organizations/cooperatives shall have
concerned. preference in the grant of fishery rights by the Municipal/City
In no case, however, shall the Fund be used for the creation of Council pursuant to Section 149 of the Local Government Code:
positions or payment of salaries and wages. Provided, That in areas where there are special agencies or
offices vested with jurisdiction over municipal waters by virtue of
Sec47: Authority to Collect Solid Waste Management Fees. — special laws creating these agencies such as, but not limited to,
The local government unit shall impose fees in amounts the Laguna Lake Development Authority and the Palawan
sufficient to pay the costs of preparing, adopting, and Council for Sustainable Development, said offices and agencies
implementing a solid waste management plan prepared shall continue to grant permits for proper management and
pursuant to this Act. The fees shall be based on the following implementation of the aforementioned structures.
minimum factors:
(a) types of solid waste; Sec18: Users of Municipal Waters. — All fishery related activities
(b) amount/volume of waste; and in municipal waters, as defined in this Code, shall be utilized by

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 65 -
municipal fisherfolk and their cooperatives/organizations who organizations/cooperatives shall have priority to exploit
are listed as such in the registry of municipal fisherfolk. municipal and demarcated fishery areas of the said municipality.
The municipal or city government, however, may, through its
local chief executive and acting pursuant to an appropriate Sec22: Demarcated Fishery Right. — The LGU concerned shall
ordinance, authorize or permit small and medium commercial grant demarcated fishery rights to fishery
fishing vessels to operate within the ten point one (10.1) to organizations/cooperatives for mariculture operation in specific
fifteen (15) kilometer area from the shoreline in municipal waters areas identified by the Department.
as defined herein, provided, that all the following are met:
a. no commercial fishing in municipal waters with depth Sec23: Limited Entry Into Overfished Areas. — Whenever it is
less than seven (7) fathoms as certified by the appropriate determined by the LGUs and the Department that a municipal
agency; water is overfished based on available data or information or in
b. fishing activities utilizing methods and gears that are danger of being overfished, and that there is a need to
determined to be consistent with national policies set by the regenerate the fishery resources in that water, the LGU shall
Department; prohibit or limit fishery activities in the said waters.
c. prior consultation, through public hearing, with the
M/CFARMC has been conducted; and Sec24: Support to Municipal Fisherfolk. — The Department and
d. the applicant vessel as well as the shipowner, the LGUs shall provide support to municipal fisherfolk through
employer, captain and crew have been certified by the appropriate technology and research, credit, production and
appropriate agency as not having violated this Code, marketing assistance and other services such as, but not limited
environmental laws and related laws. to training for additional/supplementary livelihood.
In no case shall the authorization or permit mentioned above be
granted for fishing in bays as determined by the Department to Sec25: Rights and Privileges of Fishworkers. — The
be in an environmentally critical condition and during closed fishworkers shall be entitled to the privileges accorded to other
season as provided for in Section 9 of this Code. workers under the Labor Code, Social Security System and
other benefits under other laws or social legislation for workers:
Sec19: Registry of Municipal Fisherfolk. — The LGU shall Provided, That fishworkers on board any fishing vessels
maintain a registry of municipal fisherfolk, who are fishing or engaged in fishing operations are hereby covered by the
may desire to fish in municipal waters for the purpose of Philippine Labor Code, as amended.
determining priorities among them, of limiting entry into the
municipal waters, and of monitoring fishing activities an/or other
related purposes: Provided, That the FARMC shall submit to the STD Prevention and Treatment: General Comment (Part 2)
LGU the list of priorities for its consideration.
Such list or registry shall be updated annually or as may be It is a myth that one may acquire "immunity" to STDs. Two
necessary, and shall be posted in barangay halls or other other myths are that one cannot have more than one STD at
strategic locations where it shall be open to public inspection, for
once (you can have many at once), and that one needs to have
the purpose of validating the correctness and completeness of
the list. The LGU, in consultation with the FARMCs, shall multiple partners to acquire an STD (one is sufficient).
formulate the necessary mechanisms for inclusion or exclusion HIV and hepatitis may be spread through sharing drug or
procedures that shall be most beneficial to the resident steroid needles with someone who is infected. In many cities,
municipal fisherfolk. The FARMCs may likewise recommend such as Seattle, one may go to a needle exchange program for
such mechanisms. clean needles. However, the best approach to the needle
The LGUs shall also maintain a registry of municipal fishing problem if you're an injecting drug or steroid user is to obtain a
vessels by type of gear and other boat particulars with the supply of sterile syringes and needles for yourself, and NEVER
assistance of the FARMC. use a rig that has been used by somebody else. It is true that you
can clean somebody else's works, but if you need a fix you may
Sec20: Fisherfolk Organizations and/or Cooperatives. — not be willing to sit through the sterilization procedure, which
Fisherfolk organizations/cooperatives whose members are listed takes time.
in the registry of municipal fisherfolk, may be granted use of
However, if using clean equipment is not an option, the
demarcated fishery areas to engage in fish capture, mariculture
and/or fish farming: Provided, however, That an following procedure may be used. Pour 100% bleach (i.e.
organization/cooperative member whose household is already in Clorox) into a container and repeatedly (3-4 times) draw the
possession of a fishery right other than for fish capture cannot bleach into the needle up to the top of the plunger, keep it there
enjoy the fishing rights granted to the organization or for a few minutes, and then eject it down a drain (you can
cooperative. alternatively just take your rig apart and soak it in 100% bleach
for about 10 minutes). After this step, rinse everything in cold
Sec21: Priority of Resident Municipal Fisherfolk. — Resident running water fora few minutes. If a cooker is used, wipe it with
municipal fisherfolk of the municipality concerned and their a bleach-soaked cotton ball, and then rinse the cooker with cold
water and discard the cotton. Never share any of the water,

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 66 -
bleach, or cotton once it has been used during this procedure implementation of community-based forestry
with someone else. (end) projects which include integrated social
forestry programs and similar projects;
management and control of communal forests
Basic Services and Facilities with an area not exceeding fifty (50) square
kilometers; establishment of tree parks,
Sec17: Basic Services and Facilities. – greenbelts, and similar forest development
(c) Local government units shall endeavor to be self-reliant projects;
and shall continue exercising the powers and discharging (iii). Subject to the provisions of Title Five, Book I
the duties and functions currently vested upon them. They of this Code, health services which include the
shall also discharge the functions and responsibilities of implementation of programs and projects on
national agencies and offices devolved to them pursuant to primary health care, maternal and child care,
this Code. Local government units shall likewise exercise and communicable and non-communicable
such other powers and discharge such other functions and disease control services; access to secondary
responsibilities as are necessary, appropriate, or incidental and tertiary health services; purchase of
to efficient and effective provision of the basic services and medicines, medical supplies, and equipment
facilities enumerated herein. needed to carry out the services herein
(d) Such basic services and facilities include, but are not enumerated;
limited to, the following: (iv). Social welfare services which include
(1) For a Barangay: programs and projects on child and youth
(i) Agricultural support services which include welfare, family and community welfare,
planting materials distribution system and women's welfare, welfare of the elderly and
operation of farm produce collection and disabled persons; community-based
buying stations; rehabilitation programs for vagrants, beggars,
(ii) Health and social welfare services which street children, scavengers, juvenile
include maintenance of barangay health delinquents, and victims of drug abuse;
center and day-care center; livelihood and other pro-poor
(iii) Services and facilities related to general projects; nutrition services; and family
hygiene and sanitation, beautification, and planning services;
solid waste collection; (v). Information services which include
(iv) Maintenance of katarungang pambarangay; investments and job placement information
(v) Maintenance of barangay roads and bridges systems, tax and marketing information
and water supply systems systems, and maintenance of a public library;
(vi) Infrastructure facilities such as multi- (vi). Solid waste disposal system or environmental
purpose hall, multipurpose pavement, management system and services or facilities
plaza, sports center, and other similar related to general hygiene and sanitation;
facilities; (vii). Municipal buildings, cultural centers, public
(vii) Information and reading center; and parks including freedom parks, playgrounds,
(viii) Satellite or public market, where viable; and sports facilities and equipment, and other
(2) For a municipality: similar
(i). Extension and on-site research services and facilities;
facilities related to agriculture and fishery (viii). Infrastructure facilities intended primarily to
activities which include dispersal of livestock service the needs of the residents of the
and poultry, fingerlings, and other seeding municipality and which are funded out of
materials for aquaculture; palay, corn, and municipal funds including, but not limited to,
vegetable seed farms; medicinal plant municipal roads and bridges; school buildings
gardens; fruit tree, coconut, and other kinds of and other facilities for public elementary and
seedling nurseries; demonstration farms; secondary schools; clinics, health centers and
quality control of copra and improvement and other health facilities necessary to carry out
development of local distribution channels, health services; communal irrigation, small
preferably through cooperatives; water impounding projects and other similar
interbarangay irrigation system; water and soil projects; fish ports; artesian wells, spring
resource utilization and conservation projects; development, rainwater collectors and water
and enforcement of fishery laws in municipal supply systems; seawalls, dikes, drainage and
waters including the conservation of sewerage, and flood control; traffic signals and
mangroves; road signs; and similar facilities;
(ii). Pursuant to national policies and subject to (ix). Public markets, slaughterhouses and other
supervision, control and review of the DENR, municipal enterprises;

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 67 -
(x). Public cemetery; (c) Notwithstanding the provisions of subsection (b) hereof,
(xi). Tourism facilities and other tourist attractions, public works and infrastructure projects and other facilities
including the acquisition of equipment, funded by the national government under the annual
regulation and supervision of business General Appropriations Act, other special laws, pertinent
concessions, and security services for such executive orders, and those wholly or partially funded from
facilities; and foreign sources, are not covered under this Section, except
(xii). Sites for police and fire stations and in those cases where the local government unit concerned
substations and the municipal jail; is duly designated as the implementing agency for such
(3) For a Province: projects, facilities, programs, and services.
A (d) The designs, plans, specifications, testing of materials, and
and on-site research services and facilities which include the prevention and the procurement of equipment and materials from both
animal pests and diseases; dairy farms, livestock markets, animal breeding foreign and local sources
al insemination centers; and assistance in the organization of farmers' and necessary for the provision of the foregoing services and
tives and other collective organizations, as well as the transfer of appropriate facilities shall be undertaken by the local government unit
concerned, based on national
policies, standards and guidelines.
nd development services, as well as the transfer of appropriate technology; (e) National agencies or offices concerned shall devolve to
P local government units the responsibility for the provision of
policies and subject to supervision, control and review of the DENR, enforcement basic services and facilities enumerated in this Section
ed to community-based forestry projects, pollution control law, small-scale mining within six (6) months after the effectivity of this Code.
on the protection of the environment; and mini-hydro electric projects for local As used in this Code, the term "devolution" refers to the act
by which the national government confers power and
S authority upon the various local government units to
ons of Title Five, Book I of this Code, health services which include hospitals and perform specific functions and responsibilities.
services; (f) The national government or the next higher level of local
S government unit may provide or augment the basic
s which include pro grams and projects on rebel returnees and evacuees; relief services and facilities assigned to a lower level of local
ulation development services; government unit when such services or facilities are not
P made available or, if made available, are inadequate to
rovincial jails, freedom parks and other public assembly areas, and other similar meet the requirements of its inhabitants.
(g) The basic services and facilities hereinabove enumerated
I shall be funded from the share of local government units in
s intended to service the needs of the residents of the province and which are the proceeds of national
ncial funds including, but not limited to, provincial roads and bridges; inter- taxes and other local revenues and funding support from
ks, drainage and sewerage, flood control, and irrigation systems; reclamation the national government, its instrumentalities and
facilities; government-owned or -controlled corporations which are
P tasked by law to establish and maintain such services or
ts for low-cost housing and other mass dwellings, except those funded by the facilities. Any fund or resource available for the use of local
stem (SSS), Government Service Insurance System (GSIS), and the Home government units shall be first allocated for the provision of
l Fund (HDMF): Provided, That national funds for these programs and projects basic services or facilities enumerated in subsection (b)
allocated among the regions in proportion to the ratio of the homeless to the hereof before applying the same for other purposes, unless
otherwise provided in this Code.
I (h) The Regional offices of national agencies or offices whose
ervices, including access to credit financing; functions are devolved to local government units as
U provided herein shall be phased out within one (1) year
rnization of tax information and collection services through the use of computer from the approval of this Code. Said national agencies and
are and other means; offices may establish such field units as may be necessary
I for monitoring purposes and providing technical assistance
ommunications services, subject to national policy guidelines; and to local government units. The properties, equipment, and
T other assets of these regional offices shall be distributed to
and promotion programs; the local government units in the region in accordance with
(4) For a City: the rules and regulations issued by the oversight
All the services and facilities of the municipality and committee created under this Code.
province, and in addition thereto, the following: (i) The devolution contemplated in this Code shall include the
(i). Adequate communication and transportation transfer to local government units of the records,
facilities; equipment, and other assets and personnel of national
(ii). Support for education, police and fire agencies and offices corresponding to the devolved
services and facilities. powers, functions, and responsibilities.

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 68 -
Personnel of said national agencies or offices shall be (c) Any subsequent change in national policies,
absorbed by the local government units to which they guidelines, and standards shall be subject to prior consultation
belong or in whose areas they are assigned to the extent with LGUs.
that it is administratively viable as determined by the said
oversight committee: Provided, That the rights accorded to
such personnel pursuant to civil service law, rules and Tano vs. Socrates (1997) - supra
regulations shall not be impaired: Provided, Further, That
regional directors who are career executive service officers Issue: WON the ordinances enacted are valid.
and other officers of similar rank in the said regional offices Held: Yes
who cannot be absorbed by the local government unit shall Ratio:
be retained by the national government, without any The ordinances in question are meant precisely to protect and
diminution of rank, salary or tenure. conserve our marine resources to the end that their enjoyment
(j) To ensure the active participation of the private sector in may be guaranteed not only for the present generation, but also for
local governance, local government units may, by the generations to come.
ordinance, sell, lease, encumber, or otherwise dispose of
public economic enterprises owned by them in their State policy also enshrined in the Constitution is the duty of the
proprietary capacity. State to protect and advance the right of the people to a balanced
Costs may also be charged for the delivery of basic and healthful ecology in accord with the rhythm and harmony of
services or facilities enumerated in this Section. nature.

The LGCode provision on the General Welfare Clause 1 gives flesh


Pimentel, p.15 and blood to the right of the people to a balanced and healthful
ecology.
Devolution of Central Govt. powers and funds are transferred
directly to the provinces, cities, municipalities and barangays Moreover, Section 5(c) of the LGC explicitly mandates that the
without any intermediary. The code also provides for effective general welfare provisions of the LGC "shall be liberally
allocation among the different LGUs of their respective powers, interpreted to give more powers to the local government units
functions responsibilities and resources, meaning that they will not in accelerating economic development and upgrading the
stop at any one level, but deep down to all levels of LGUs. Thus quality of life for the people of the community."
barangays exercise their powers without the need of municipal
approval, nor do they get funds from the municipality but by direct One of the devolved powers enumerated in the section of the
allocation. LGCode on devolution is the enforcement of fishery laws in
municipal waters including the conservation of mangroves. This
4 general powers exercised by the LGUs: necessarily includes the enactment of ordinances to effectively
1) those expressly granted by the code carry out such fishery laws within the municipal waters.
2) those implied from those expressly granted
3) those necessary, appropriate or incidental for their efficient and Both ordinances have two principal objectives:
effective governance
4) those that are essential to the promotion of the genera welfare (a) to establish a "closed season" for the species of fish or
of their inhabitants. aquatic animals covered therein for a period of five years
(b) to protect the coral in the marine waters of Puerto Princesa
and Palawan from further destruction due to illegal fishing
Local Government Code, IRR activities.

Article24: Devolution. — 1
(a) Consistent with local autonomy and decentralization, the SEC. 16. General Welfare. — Every local government unit shall exercise the
provision for the delivery of basic services and facilities shall be powers expressly granted, those necessarily implied therefrom, as well as powers
devolved from the National Government to provinces, cities, necessary, appropriate, or incidental for its efficient and effective governance, and
municipalities, and barangays so that each LGU shall be those which are essential to the promotion of the general welfare. Within their
responsible for a minimum set of services and facilities in respective territorial jurisdictions, local government units shall ensure and
accordance with established national policies, guidelines, and support, among other things, the preservation and enrichment of culture, promote
standards. health and safety, enhance the right of the people to a balanced ecology,
(b) For purposes of this Rule, devolution shall mean the encourage and support the development of appropriate and self-reliant scientific
transfer of power and authority from the National Government to and technological capabilities, improve public morals, enhance economic
LGUs to enable them to perform specific functions and prosperity and social justice, promote full employment among their residents,
responsibilities. maintain peace and order, and preserve the comfort and convenience of their
inhabitants.

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 69 -
The accomplishment of the first objective is well within the to erect fish corrals, oyster, mussels or aquatic beds or bangus fry
devolved power to enforce fishery laws in municipal waters, such area w/in a definite zone of the municipal waters.
as P.D. No. 1015, which allows the establishment of "closed Thus, RA 7160 DID NOT REPEAL the aforementioned laws and
seasons." The devolution of such power has been expressly DOES NOT PREVAIL over them because:
confirmed in a MOA bet DA and DILG. 1) The repeal of laws must be clear and expressed;
The realization of the second objective clearly falls within both the 2) LGC is a general law while LLDA Charter is a special law. The
general welfare clause of the LGCode and the express mandate to enactment of a later legislation w/c is a general law cant be
cities and provinces to protect the environment and impose construed to have repealed a special law unless the intent to
appropriate penalties for acts which endanger the environment. repeal is manifest.
3) Where there is a conflict bet. a general law and a special law,
The nexus between the activities barred by the ordinances and the
the latter prevails since it shows the legislative intent more
prohibited acts, on the one hand, and the use of sodium cyanide,
clearly than the latter. Implied repeals are not favored.
on the other, is painfully obvious. Thus, the public purpose and
Considering the reasons behind the establishment of the
reasonableness of the Ordinances may not then be controverted.
LLDA, there is every indication that the legislative intent is for
Petition dismissed. TRO lifted.
LLDA to proceed with its mission. [ then court says it agrees
with LLDA’s manifestation ]
Laguna Lake Dev’t Authority vs. CA (1995)
4) The power granted to the LGUs by the LGC was clearly for
revenue purposes, since it (Sec 149) is embodied in Ch 2 Bk
2 under the heading “Specific Provisions On the Taxing And
Facts: Other Revenue Raising Power of LGUs”. While te power
RA 4850 created LLDA for the purpose of environmental protection granted to the LLDA IS FOR THE PURPOSE OF
and ecology, navigational safety and sustainable development to EFFECTIVELY REGULATING & MONITORING activities in
accelerate the dev’t and balanced growth of the Laguna Lake area the Laguna Lake Region and for lake quality control and
w/in the context of nat’l and regional plans and policies for social management. It does partake of the nature of police power.
and econ dev’t.
5) Removal of such power will render nugatory its avowed
PD 813, EO 927 amended said RA which defined and enlarged the purpose.
functions and powers of LLDA and named and enumerated the
towns, cities and provinces encompassed by the term “Laguna de DGNotes:
Bay Region.” Is CAB good law?
YES. But now based on the Fisheries Act which expressly provides
When LGC 1991 was passed, the municipalities in the Laguna for the same ratio as CAB
Lake Region interpreted Secs. 149(b)[1-2] and 447 (XI) to mean
that it gave them the exclusive jurisdiction to issue fishing LTO vs. City of Butuan (2000)
privileges w/in their municipal waters.
Facts:
Big fishpen operators took advantage thereby aggravating the Because of Art X Sec 5 of Const and Secs 129 and 133 of RA
current environmental problems and ecological stress of Laguna 7160, the Sangguniang Panglungsod (SP) of Butuan passed an
Lake. ordinance regulating the operation of tricycles for hire w/c provided
for the payment of franchise fees for the grant of the franchise of
LLDA served notice to the general public that all fishpens and other tricycles, for the registration of the vehicle and permit to drive.
aqua-culture structures not unregistered or has not applied for
registration with the LLDA as illegal and be subject to demolition LTO explains that the LTFRB’s power over franchising of the
without prejudice from being criminally charged. tricycles had been transferred but not the LTO’s authority to
register all motor vehicles and to issue driver’s license.
Issue: WON the LLDA could exercise jurisdiction over the
Laguna Lake and its environs insofar as the issuance of Issue: WON LTO’s power to issue driver’s license has been
fishpen permits inspite of the passage of RA 7160 devolved to LGUs
Held: Yes, yes, show
Sec 4(k) of RA 4850, provisions of PD 813 and EO 927 Sec. 2 Held: NO
specifically provide that the LLDA shall have exclusive jurisdiction The DOTC through the LTO and LTFRB has been tasked with
to issue permits for the use or all surface water for any projects or implementing laws pertaining to land transpo.
activities in or affecting the said region, including navigation,
construction and operation of fishpens, fish enclosures and the In fine. registration and licensing functions are vested with the LTO
like. On the other hand, RA 7160 has granted to the municipalities while the franchising and regulatory responsibilities had been
the exclusive authority to grant fishery privileges in municipal vested in the LTFRB. Under the LGC (Sec 458[3] {VI}) , LGUs now
waters. The Sangguniang Bayan (SB) may grant fishery privileges have the power to regulate the operation of tricycles for hire and to

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 70 -
grant franchises for its operation “To regulate” means to fix, in the exercise or furtherance of their governmental or
establish or control. proprietary powers and functions and thereby ensure their
development into self-reliant communities and active
A “franchise” is a special privilege to do certain things conferred by participants in the attainment of national goals.
the government. In contrast, “to register” means to record formally
and exactly, to enroll, or to enter precisely in a list or the like and a any
“driver’s license” is the certificate w/c authorizes a person to Eminent Domain
operate a motor vehicle.
Sec19: Eminent Domain. — A local government unit may, through
The devolution of the functions of the LTFRB is aimed at curbing its chief executive and acting pursuant to an ordinance, exercise
the accidents in national highways involving tricycles. the power of eminent domain for public use, or purpose or
Nevertheless, under Sec 458 (a) [3-VI] of the LGC, the LGUs welfare for the benefit of the poor and the landless, upon
power to regulate the operation of tricycles and to grant franchises payment of just compensation, pursuant to the provisions of the
for its operation is subject to DOTC guidelines. Constitution and pertinent laws: Provided, however, That the
power of eminent domain may not be exercised unless a valid
Clearly unaffected is the LTOs power under RA 4136 Sec 5 and definite offer has been previously made to the owner, and
requiring the registration of all kinds of motor vehicles “used or such offer was not accepted: Provided, further, That the local
operated on or upon any public highway” in the country. LTO is government unit may immediately take possession of the
additionally charged with being the central repository and property upon the filing of the expropriation proceedings and
custodian of all records of all motor vehicles (Sec 4[d]{2}). 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 reliance of City on the broad taxing powers of the LGUs (Sec the current tax declaration of the property to be expropriated:
133 LGC) is tangential. Police power and taxation, along with Provided, finally, That, the amount to be paid for the
eminent domain are inherent powers of sovereignty which State expropriated property shall be determined by the proper court,
might share with LGUs by delegation under the law. But the based on the fair market value at the time of the taking of the
similarity ends there. The aim of police power is public good and property.
welfare while Taxation focuses on the power of govt to raise
revenue in order to support its existence. Although correlative, the
grant of one does not mean the grant of the other. The power
granted under the LGC is the power to regulate their operation and
Rule67, 1997 Rules of Civil Procedure
to grant franchises.
EXPROPRIATION
The exclusionary clause contained in the tax provisions of the LGC Sec1: The complaint.
must not be held to have had the effect of withdrawing the express File: verified complaint which shall
power of the LTO to register all motor vehicles and to issue driver’s * state with certainty the right and purpose of expropriation,
licenses. These functions are essentially regulatory in nature, * describe the real or personal property sought to be
exercised pursuant to police power of the State. expropriated
join as defendants all persons owning or claiming to own, or
occupying, any part thereof or interest therein, showing, so far
as practicable, their separate interest.
Power to Generate Revenue – to be discussed as part of PartII
Aver in complaint if:
Sec18: Power to Generate and Apply Resources. — Local property is owned by the Republic but occupied by private
government units shall have the power and authority to establish individuals, or
an organization that shall be responsible for the efficient and the title is otherwise obscure or doubtful so that the plaintiff
effective implementation of their development plans, program cannot with accuracy or certainty specify who are the real
objectives and priorities; to create their own sources of revenues owners.
and to levy taxes, fees, and charges which shall accrue
exclusively for their use and disposition and which shall be Sec2: Entry of plaintiff upon depositing value with authorized
retained by them; to have a just share in national taxes which government depositary.
shall be automatically and directly released to them without REQS:
need of further action; to have an equitable share in the complaint has already been filed.
proceeds from the utilization and development of the national due notice to the defendant
wealth and resources within their respective territorial deposit with the authorized government depositary an amount
jurisdictions including sharing the same with the inhabitants by equivalent to the assessed value of the property for purposes of
way of direct benefits; to acquire, develop, lease, encumber, taxation to be held by such bank subject to the orders of the
alienate, or otherwise dispose of real or personal property held court.
by them in their proprietary capacity and to apply their resources
and assets for productive, developmental, or welfare purposes,

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 71 -
deposit shall be in money, unless in lieu thereof the court Objections to the appointment filed with the court within ten (10)
authorizes the deposit of a certificate of deposit of a government days from service, and shall be resolved within thirty (30) days
bank of the Republic of the Philippines. after all the commissioners shall have received copies of the
objections.
If personal property is involved, its value shall be provisionally
ascertained and the amount to be deposited shall be promptly Sec6: Proceedings by commissioners.
fixed by the court. The commissioners shall assess the consequential damages to
After such deposit is made the court shall order the sheriff or the property not taken and deduct from such consequential
other proper officer to forthwith place the plaintiff in possession damages the consequential benefits to be derived by the owner
of the property involved and promptly submit a report thereof to from the public use or purpose of the property taken, the
the court with service of copies to the parties. operation of its franchise by the corporation or the carrying on of
the business of the corporation or person taking the property.
Sec3: Defenses and objections. But in no case shall the consequential benefits assessed
Defendant has no objection or defense to the action or the exceed the consequential damages assessed, or the owner be
taking of his property: file and serve a notice of appearance and deprived of the actual value of his property so taken.
a manifestation to that 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 Sec7: Report by commissioners and judgment thereupon.
entitled to notice of all proceedings affecting the same. Except as otherwise expressly ordered by the court, such report
shall be filed within sixty (60) days from the date the
Defendant has any objection or defense to the filing of commissioners were notified of their appointment, which time
complaint: serve his answer within the time stated in the may be extended in the discretion of the court
summons containing- specific designation or identification of the Parties have 10 days from receipt to appeal from said report.
property in which he claims to have an interest, nature and
extent of the interest claimed, all his objections and defenses to Sec8: Action upon commissioners’ report.
the taking of his property. No counterclaim, cross-claim or third- Upon the expiration of the period of appeal, or even before the
party complaint shall be alleged or allowed in the answer or any expiration of such period but after all the interested parties have
subsequent pleading. filed their objections to the report or their statement of
agreement therewith, the court may, after hearing, accept the
A defendant waives all defenses and objections not so alleged report and render judgment; or may recommit the same to the
but the court, in the interest of justice, may permit amendments commissioners for further report of facts; or it may set aside the
to the answer to be made not later than ten (10) days from the report and appoint new commissioners; or it may accept the
filing thereof. However, at the trial of the issue of just report in part and reject it in part; and it may make such order or
compensation, whether or not a defendant has previously render such judgment as shall secure the plaintiff’s right of
appeared or answered, he may present evidence as to the expropriation, and the defendant’s right to just.
amount of the compensation to be paid for his property, and he
may share in the distribution of the award. Sec9: Uncertain ownership; conflicting claims.
If there is uncertainty as to ownership of the property, the court
Sec4: Order of expropriation. may order any sum or sums awarded as compensation for the
If the objections to and the defenses against the right of the property to be paid to the court for the benefit of the person
plaintiff to expropriate the property are overruled, or when no adjudged in the same proceeding to be entitled thereto.
party appears to defend as required by this Rule, the court may
issue an order of expropriation Sec10: Rights of plaintiff after judgment and payment.
payment of just compensation to be determined as of the date of Upon payment by the plaintiff to the defendant of the
the taking of the property or the filing of the complaint, compensation fixed by the judgment, with legal interest thereon
whichever came first. from the taking of the possession of the property, or after tender
to him of the amount so fixed and payment of the costs, the
A final order sustaining the right to expropriate the property may plaintiff shall have the right to enter upon the property.
be appealed by any party aggrieved thereby. Such appeal, If the defendant and his counsel absent themselves from the
however, shall not prevent the court from determining the just court, or decline to receive the amount tendered, the same shall
compensation to be paid. be ordered to be deposited in court and such deposit shall have
the same effect as actual payment to the defendant.
Sec5: Ascertainment of compensation.
Upon the rendition of the order of expropriation, the court shall Sec11: Entry not delayed by appeal; effect of reversal.
appoint not more than three (3) competent and disinterested The right of the plaintiff to enter upon the property not delayed
persons as commissioners to ascertain and report to the court by an appeal from the judgment unless appellate court
the just compensation for the property sought to be taken determines the plaintiff to be without the right to expropriate.
Copies of the order shall be served on the parties.

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 72 -
Sec12: Costs, by whom paid. property. In the main, its subject is the govt.’s exercise of eminent
The fees of the commissioners shall be taxed as a part of the domain, a matter which is incapable of pecuniary estimation.
costs of the proceedings. All costs, except those of rival
claimants litigating their claims, shall be paid by the plaintiff, The value of the property to be expropriated is indeed estimated in
unless an appeal is taken by the owner of the property and the monetary terms but this is merely incidental to the expropriation
judgment is affirmed, in which event the costs of the appeal shall suit. In fact, the amount is determined only after the court is
be paid by the owner. satisfied with the propriety of the expropriation.

Sec13: Recording judgment, and its effect.


When real estate is expropriated, a certified copy of such DGNotes
judgment shall be recorded in the registry of deeds of the place DIFFERENCE BETWEEN EXERCISE OF EMINENT DOMAIN BY:
in which the property is situated, and its effect shall be to vest in LGU National Govt.
the plaintiff the title to the real estate so described for such 15% of value of property Assessed value of the proerty
public use or purpose. required to be deposited in required to be deposited in
order to take immediate order to take immediate
possession possession
Barangay San Roque vs. Heirs of Pastor (2000)
Formal offer required No formal offer required
An ordinance must be
Facts:
enacted first by the
Petitioner filed before the MTC a Complaint to expropriate a
Sanggunian
property of the respondents.

MTC dismissed on the ground of lack of jurisdiction as eminent


domain is an exercise of the power to take private property for Suguitan vs. City of Mandaluyong (2000)
public use after payment of just compensation. RTC has exclusive
original jurisdiction over the action as it is one incapable of Facts:
pecuniary estimation. Sangguniang Panlungsod of Mandaluyong issued Res. No. 396
authorizing Mayor Abalos to institute expropriation proceedings
RTC also dismissed the Complaint holding that an action for over the property of Saguitan for expansion of the Mandaluyong
eminent domain affected title to real property. Therefore, the value Medical Center.
of the property would determine whether the case should be filed
before the MTC or RTC. Cited retired Justice Feria’s Petitioners contend- City may only exercise its delegated power of
pronouncement. eminent domain by means of an ordinance as required by Sec. 19
LGC and not by a mere resolution.
Issue: Which court, MTC or RTC, has jurisdiction over cases for
eminent domain or expropriation Respondents contend- it validly and legally exercised its power of
eminent domain. Pursuant to Art 36 Rule VI of the IRR of the LGC,
Held: RTC a resolution is sufficient for the filing of the expropriation
Sec 19(1) BP 129 provides that RTCs shall exercise exclusive proceedings. An ordinance is only required in order to appropriate
original jurisdiction over all civil actions incapable of pecuniary funds for the payment of the just compensation.
estimation.
Issue: WON a resolution is sufficient to authorize the filing of the
In determining whether an action is one the subject matter of which expropriation complaint.
is incapable of pecuniary estimation, the nature of the principal
action or remedy sought must be ascertained first. Held: NO
The exercise of the right of eminent domain is necessarily in
 If it is primarily for the recovery of a sum of money, derogation of private rights, and the rule in that case is that the
the claim is considered capable of pecuniary estimation. authority is to be construed strictly.
 If the basic issue is something other than the right to
recover a sum of money, or where the money claim The power of eminent domain is essentially legislative in nature.
is purely incidental to, or a consequence of, the However, it may be validly delegated to LGUs, other public entities
principal relief sought such action is deemed as and public utilities, although the scope of this delegated power is
having a subject matter incapable of pecuniary necessarily narrower and may only be exercised in strict
estimation over which the RTC have exclusive original compliance with the terms of the delegating law.
jurisdiction.
The basis for the exercise of the power of eminent domain by the
In CAB, the primary consideration of the expropriation suit is LGUs is Sec 19 of the LGC and it is clear that it requires an
whether the govt. has complied with the requisites for taking ordinance and not a resolution.

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 73 -
would be entitled to recover in any aspect of the facts or any
Terms ordinance and resolution are not synonymous. combination of the facts alleged, if they were to be proved,
then the MTD should be denied.
ORDINANCE RESOLUTION • The same liberality should be applied in the CAB where an
a law merely a declaration of the examination of the city’s “Comment and Opposition” to the
sentiment or opinion of a law- MTD leaves no room for doubt that the city had indeed made
making body on a specific matter “a valid and definite order” to Cardeno as required by law.
• The general rule is that a MTD hypothetically admits the truth
Possesses a general and Temporary in nature of the facts alleged in the complaint. Thus, Ordinance No.
permanent character 1418 is not only incorporated into the complaint for eminent
A 3rd reading is necessary 3rd reading not necessary, unless domain filed by the city, but is also deemed admitted by
decided otherwise by a majority of Cardeno.
all the Sanggunian members.
• A perusal of the ordinance shows that the fact of the city’s
Rule 67 ROC that an ordinance promulgated by the local having made a previous valid and definite offer to Cardeno is
legislative body authorizing its local chief executive to exercise the categorically stated in its 2nd whereas clause: “WHEREAS,
power of eminent domain is necessary prior to the filing of the the city government has made a valid and definite offer to
complaint with the court, and not only after the court has purchase subject lots for the public use aforementioned but
determined the amount of just compensation. the registered owner Mrs. Merlita Cardeno has rejected such
The reliance w Art 36(a) Rule VI IRR of LGC which requires only a offer.”
resolution to authorize and LGU to exercise eminent domain- • NEVERTHELESS, the dismissal of the complaint did not
Ra 7160 , the law itself, prevails over the rule which merely seeks bar the petitioner city from filing another eminent domain
to implement it. The clear letter of the law is controlling and cannot case and from correcting its alleged error by the mere
be amended by a mere administrative rule issued for its expedient of changing para VII.
implementation.
Discrepancy seems to indicate a mere oversight in the wording of
the IRR since Art 32 of the same Rule also requires that the chief City of Cebu vs. Apolonio (2002)
executive of the LGU must act pursuant to an ordinance.
Facts:
• City of Cebu filed a complaint for eminent domain against the
City of Cebu vs. CA (1996) Dedamo spouses

Facts: • The Dedamos filed a MTD (purpose for expropriation not for
• City of Cebu filed a complaint for eminent domain against public purpose, City can just buy their lot, price offered was
Cardeno with the RTC, seeking to expropriate parcel of land too low, they have no other land in Cebu).
she owns. • The parties then submitted to the court an agreement wherein
• The complaint was initiated pursuant to Resolution No. 404 they declared that they have partially settled the case.
and Ordinance No. 1418 of the Sangguniang Panlungsod of • Trial court appointed 3 commissioners to determine the just
Cebu City, authorizing the City Mayor to expropriate the said compensation of the lots.
parcel of land for the purpose of providing a socialized o The commissioners submitted their report on the basis of
housing project for the landless and low-income city which TC rendered its decision.
residents. City interposed objections to assessment by the commissioners.
• Cardeno filed a MTD on the ground of lack of cause of action.
And failure to make a valid and definite offer. When must just compensation be determined? Time of actual
• City alleged compliance with said requirement. It was only taking or filing of complaint?
after Cerdeno repeatedly refused their offer did they file the • The applicable law as to the point of reckoning for the
expropriation case. determination of just compensation is Sec. 19, LGC, which
• RTC dismissed the complaint expressly provides that just compensation shall be
• CA affirmed and held that an allegation of repeated determined as of the time of actual taking.
negotiations made with Cardeno cannot be equated with the
clear and specific requirement that the city should have • The city has misread the ruling in Napocor v. CA. It was not
previously made a valid and definite offer to purchase. categorically ruled in that case that just compensation should
be determined as of the filing of the complaint. It was there
Issue: WON the complaint states a cause of action – YES stated that although the general rule in determining just
• Though the allegations in the complaint are ambiguous, compensation in eminent domain is the value of the
indefinite or uncertain but, nevertheless, a cause of action property as of the date of the filing of the complaint, the
can, in any manner, be made out therefrom, and the plaintiff rule admits of an exception: where the SC fixed the value

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 74 -
of the property as of the date it was taken and not at the
date of the commencement of the expropriation  old concept: condemned property must actually be used by
proceedings. (Case didn’t explain why this is an exception) the general public (roads, bridges, public plazas) before the
• While Sec. 4, Rule 67 provides that just compensation shall taking thereof could satisfy the constitutional requirement of
be determined at the time of the filing of the complaint for public use
expropriation, such law cannot prevail over the LGC, which is
a substantive law. 2. establishment of pilot development center would inure to the
direct benefit and advantage of the people of the province
WON the city is bound by the compensation fixed by the
commissioners – YES Issue: Whether the expropriation of agricultural lands by LGUs is
subject to the prior approval of the Secretary of Agrarian Reform,
• More than anything else, the parties, by a solemn
as the implementor of the agrarian reform program.
document freely and voluntarily agreed upon by them, Held: NO
agreed to be bound by the report of the commission and 1. section 9 of BP 337 does not intimate in the least that LGUs
approved by the trial court. The agreement is a contract must first secure the approval of the Department of Land reform for
between the parties. It has the force of law between them the conversion of lands before they can institute the necessary
and should be complied with in good faith. expropriation proceedings.
• Furthermore, during the hearing, the city did not interpose a
serious objection. It is therefore too late for the city to 2. No provision in CARL which subjects the expropriation of
question the valuation now without violating the principle of agricultural lands by LGUs to the control of the DAR.
equitable estoppel.
3. rules on conversion of agricultural lands found in Section 4 (k)
and 5 (1) of Executive Order No. 129-A, Series of 1987 cannot be
the source of the authority of the DAR to determine the suitability
of a parcel of agricultural land for the purpose to which it would be
Province of Camarines Sur vs. CA (1993) devoted by the expropriating authority. Said rules merely vest on
the DAR the exclusive authority to approve or disapprove
Facts: conversions of agricultural lands for residential, commercial or
The Sangguniang Panlalawigan passed resolution No. 129, industrial uses, such authority is limited to the applications for
authorizing the Provincial Governor to purchase or expropriate reclassification submitted by the land owners or tenant
property contiguous to the provincial capital site, in order to beneficiaries.
establish a pilot farm and a housing project for provincial
government employees 5. Ordinarily, it is the legislative branch of the local government unit
that shall determine whether the use of the property sought to be
Governor Villafuerte filed two separate cases for expropriation expropriated shall be public, the same being an expression of
against Ernesto & Efren San Joaquin. legislative policy.

The San Joaquins moved to dismiss the complaints on the ground  courts defer to such legislative determination and will
of inadequacy of the price offered for their property. The TC denied intervene only when a particular undertaking has no real or
the motion substantial relation to the public use

Solicitor General: under Section 9 of the LGC, there was no need


for the approval by the Office of the president of the exercise by 6. fears of private respondents that they will be paid on the basis
the Sangguniang Panlalawigan of the right of eminent domain of the valuation declared in the tax declarations of their property,
 but Province must first secure the approval of the DAR of the are unfounded.
plan to expropriate the lands of petitioners for use as a
housing project (Section 65 of RA 6657: Comprehensive  This Court has declared as unconstitutional the Presidential
Agrarian Reform Law requires the approval of the DAR before Decrees fixing the just compensation in expropriation cases
a parcel of land can be reclassified from an agricultural t a to be the value given to the condemned property either by the
non-agricultural land owners or the assessor, whichever was lower

Issue1: WON the expropriation is for a public purpose or public


use  Municipality of Talisay v. Ramirez: the rules for determining
Held: YES just compensation are those laid down in Rule 67 of the Rules
1. New concept of public use: means public advantage, of Court, which allow private respondents to submit evidence
convenience or benefit, which tends to contribute to the general on what they consider shall be the just compensation for their
welfare and the prosperity of the whole community, like a resort property.
complex for tourists or housing projects

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 75 -
inseparable transaction involving the development of the 808
Heirs of Ardona vs. Reyes (1983) hectares tourism complex.

Facts: Issue3: WON there is impairment of obligations of contracts


* The Philippine Tourism Authority wishes to expropriate 282 h. of Held3: Invocation of the contracts clause has no merit
land for development into integrated complexes of areas with • The non-impairment clause has never been a barrier to the
potential tourist value. exercise of police power and likewise eminent domain. Parties
* The defendant filed a motion to dismiss on grounds of Public by entering into contracts may not estop the legislature from
Use. They contend that the land is already for land reform and that
it should seek the approval of the Court of Agrarian Relations. DGNotes:
* CFI granted writs of possession. SC held that the power of eminent domain of LGUs is more
* Petitioners brought instant petition before SC to enjoin execution. superios than land reform-
SIR: Duh? Land reform is constitutionally mandated. Tourism,
Issue1: WON there is non-compliance with the “public use” creation of parks, etc are not.
requirement under the eminent domain provision of the Bill of
Rights
Held1: NO. the state’s power of eminent domain extends to the Filstream International Inc. vs. CA (1998)
expropriation of land for tourism purposes although this specific
objective is not expressed in the Constitution
Facts:
• The policy objective of the framers can be expressed only in I. Ejectment
general terms such as social justice, local autonomy, Filstream is the owner of parcels of land in Tondo. It instituted
conservation and development of the national patrimony, ejectment proceedings against the occupants of the land and was
public interest, and general welfare among others. able to obtain a judgment from the MTC ordering the occupants to
To include specific programs like tourism as express vacate the premises & to pay back rentals. RTC & CA affirmed.
constitutional provisions would make the Constitution more Ejectment order was never effected.
prolix than a bulk code and would require the framers to be Later, the city wanted to expropriate the land by virtue of an
impossibly prescient. The particular mention in the Constitution ordinance which was questioned by petitioner since there is
of agrarian reform, among others, merely underscores the already a judgment in their favor and also, the price offered was
magnitude of the problems sought to be remedied by these too low, the ordinance was without hearing and there is no
programs. They do not preclude nor limit the exercise of the certification of municipal funds available. Contentions were
power of eminent domain for such purposes like tourism and denied.
other development programs. Filstream wanted to demolish the place but the occupants were
• The concept of public use is not limited to traditional able to secure an injunction.
purposes. The idea that “public use is strictly limited to clear The case was reshuffled and the order of demolition was granted.
cases of “use by the public” has been discarded. CA issued an injunction again.
Filstream filed a petition questioning the injunction.
Issue2: WON there is disregard of the land reform nature of the
property being expropriated SC HELD:
Held2: NO Procedural – Did the court put too much weight on
1. land being developed into a tourism complex consists of procedure?
more than 808 hectares, almost all of which is not affected by Yes. What it should have done was to allow a clearer copy of the
the land reform program petition to be submitted and not dismiss the case outright.. This
2. the portion being expropriated consists of hilly and amounted to a deprivation of property without due process as this
unproductive land where even subsistence farming of crops was an expropriation proceeding.
other than rice and corn can hardly survive Substantive
3. Only 8,970 square meters of 283 hectares affected is part of Filstream claims: ownership & existence of a final & executory
the operation land transfer judgment against the occupants vs.
4. this 8,970 square meters is not even within the sports Occupants claim: supervening event (expropriation proceedings)
complex proper but form parts of the 32 hectares rendering the enforcement of Filstream’s rights moot
resettlement area 1) Manila has an undeniable right to exercise its power of eminent
5. of the 40 defendants, only 2 have emancipation patents for domain w/in its jurisdxn (§19 LGC). It has the power to expropriate
the less than one hectare of land affected private property in pursuit of its urban land reform & housing
Under the facts of this petition, there is no need to rule on program (§§3,100 of RA 409 - Revised Charter of the City of
whether one public purpose is superior or inferior to another Manila)
purpose or engage in a balancing of competing public In Phil. Columbian Association v Panis, the SC has upheld the City
interests. Petitioners have failed to overcome the showing of Manila’s right to exercise these prerogatives notwithstanding the
that the taking of the 8,970 square meters covered by the
Operation Land Transfer forms a necessary part of an

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 76 -
existence of a final & executory judgment over the property to be First District in Tondo  to be sold and distributed pursuant to
expropriated. Land Use Development Program of the City of Manila

2) Nevertheless, LGUs are not given unbridled authority when • City filed an amended complaint for expropriation against
exercising their power of eminent domain  subject to: present owners of lot  the Serranos, children of Demetria.
• CA held that Lot 1-C is not exempt from expropriation as it
a. basic rules in the Consti: due process (Art 3 §1), equal
exceeds 300 square meters. However, citing Filstream, the
protection (Art 3 §1), just compensation (Art 3 §9) other modes of acquisition of land enumerated in Sections 9
b. §19 of LGC “An LGU may…exercise the power of and 10were not shown to have been resorted to by the city
eminent domain…pursuant to the provisions of the I.
Constitution & pertinent laws”. ↓ Petitioner contends that the CA erroneously presumed that Lot 1C
has been ordered condemned in its favor when the fact is that the
3) The governing law that deals with the subject of expropriation order of the trial court merely authorized the issuance of the writ of
for purposes of urban land reform & housing is RA 7279 (Urban possession and petitioner's entry pursuant to Rule 67. At that
Development & Housing Act of 1992), §92 and §103 of which set stage, it was premature whether the requirements of section 9 and
out the limitations with respect to the order of priority in acquiring 10 have been complied with since no evidentiary hearing had yet
private lands & in resorting to expropriation proceedings as a been conducted by the trial court.
means to acquire the same.
HERE  There is no showing that the City of Manila complied with SC: Contention well taken (YEEEEY!!!)
§§9,10. Filstream’s properties were expropriated without any Citing Rule 67 section 2, SC ruled that a writ of execution may
showing that resort to other modes of acquiring lands listed in §9 be issued by a court upon a filing by the government of a complaint
have proved futile. for expropriation sufficient in form and substan.ce and upon
The State has a paramount interest in exercising its power of deposit made by the government of the amount equivalent to the
eminent domain for the general good…however…individual rights assessed value of the property. Upon compliance, the issuance of
affected by the exercise of such right are also entitled to the writ becomes ministerial.
protection….vigilance over compliance with due process CA erroneously applied Filstream ruling. In that case, such
requirements is in order. ruling was necessitated because an order of condemnation has
Petitions granted. CA resolutions reversed & set aside. already been issued by the trial court. Hence, the judgment of the
City of Manila vs. Serrano (2001) TC in Filstream case was already final. In CAB, the TC has not yet
gone beyond the issuance of the writ of possession. Hearing is s
till to be held to determine WON petitioner complied with the
Facts:
requirements provided in RA 7279.
• City Council of Manila enacted Ordinance No. 7833,
authorizing the expropriation of certain properties in Manila's HENCE, CA ruling REVERSED, TC order REINSTATED, case
REMANDED to the trial court for further proceedings.
2
Sec. 9. Priorities in the Acquisition of Land. — Lands for socialized housing DGNotes:
shall be acquired in the following order: Its not that Filstream does not apply, its just that its application
(a) Those owned by the Government or any of its subdivisions, instrumentalities, was premature. WON Secs. 9 & 10 were complied with still has to
or agencies, including government-owned or -controlled corporations and their be determined.
subsidiaries;
(b) Alienable lands of the public domain;
(c) Unregistered or abandoned and idle lands; City of Mandaluyong vs. Aguilar (2001)
(d) Those within the declared Areas for Priority Development, Zonal Improvement
Program sites, and Slum Improvement and Resettlement Program sites which Facts:
have not yet been acquired; • Subject of expropriation: 3 adjoining parcels of land leased
(e) Bagong Lipunan Improvement of Sites and Services or BLISS sites which have
out to tenants by Aguilars
not yet been acquired; and
• 1983: lots were classified by Resolution No 125 of the Board
(f) Privately-owned lands [last in the order of priority]
of the Housing and Urban Development Coordinating Council
3 as an area for priority development for urban land reform,
Sec. 10. Modes of Land Acquisition. — The modes of acquiring lands for pursuant to Proclamation Nos 1967 and 2284 of then
purposes of this Act shall include, among others, community mortgage, land President Marcos.
swapping, land assembly or consolidation, land banking, donation to the • Tenants offered to purchase the land but respondents refused
Government, joint-venture agreement, negotiated purchase, and expropriation: • 1996: Sangguniang Panlungsod of Mandaluyong, upon
Provided, however, That expropriation shall be resorted to only when other models petition of an association of tenants (Kapitbisig) adopted
of acquisition have been exhausted… Resolution No. 516 -S96 authorizing Mayor Abalos to initiate

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 77 -
action for expropriation and construction of medium-rise a. It should be noted that the property in question where
condominium
originally 2 residential lots. Respondents acquired properties
• Mayor Abalos sent a letter to Aguilars offering to purchase, from their parents through intestate succession. In 1986, they
Aguilars did not answer. agreed to an extrajudicial partition. This was only effected in
• August 1997, petitioner City of Mandaluyong filed with the 1998. Coming from this background, petitioner contends
RTC of Pasig a complaint for expropriation that respondents partitioned the property in bad faith, being
• Trial court dismissed the complaint: made 6 months after the complaint for expropriation was filed.
• City moved for Recon, denied. SC held: No, partition was done in good faith. When the siblings
inherited the properties, they are considered as co-owners. The
ISSUE: WON the trial court erred in upholding respondents' right of the co-owners to have the property partitioned cannot be
contention that they qualify as small property owners and are thus questioned, as "no co-owner shall be obliged to remain in the co-
exempt from expropriation. ownership" (Art 494, Civil Code). The partition was a necessary
Main Argument of Petitioner: The size of the lots in litigation does incident of the co-ownership. Absent any evidence to the contrary,
not exempt the same from expropriation in view of the fact that the partition is presumed to have been done in good faith.
said lots have been declared to be within the Area for Priority
Development (APD) of Mandaluyong by virtue of Proclamation No b. Upon partition, siblings received the following:
1967 as amended by Proc No. 2284 in relation to PD 15 17 (Urban Francisco, Thelma, Rodolfo and Antonio: each with 300
Land Reform Act. These authorize Mandaluyong to expropriate the square meters
property ipso facto, regardless of area of land. Virginia: 89
SC: No, trial court did not err. Petition Denied Eusebio: 347
• under section 9 of the UDHA (see law) , the lots in litigation SC: ops! Eusebio's share exceeds 300 sq meters! However,
Eusebio died in 1995 survived by 5 children. When there are
are privately owned and therefore last in the order of priority
several co-owners and some of them die, the heirs of those who
acquisition. However, the lots are also declared APD which is
die, with respect to that part belonging to the deceased, become
4th in the order of priority.
also co-owners also of that property. So 347 / 5 = 69.4 sq meters.
• Now, section 9 (which speaks of priorities in acquisition)
should be read in connection with section 10 (see law) which SC's discussion on the second element:
provides for the modes of land acquisition. The acquisition of Antonio Aguilar himself testified that that he and other co-owners of
the lands must be made subjects to the modes and conditions the property do not reside in the lots in question but in their
set forth in section 10. ancestral home in Paco, Manila. Nonetheless, records do not show
that the ancestral home and the land on which it stands are owned
1. Petitioner claims that it had faithfully observed the modes of by respondents. City of Mandaluyong did not present any title or
land acquisition proof of this fact.
SC: City, however, failed to state with particularity that it exhausted Hence, Petition denied.
the other modes of acquisition. City alleged only one mode of
acquisition: negotiated purchase.
Bardillon vs. Masili (2003)
2. City claims the exercise of the power of eminent domain is
not anymore conditioned on the size of the land. Facts:
SC: the UDHA introduced a limitation on the size of land sought to Brgy. Masili in Calamba, Laguna filed 2 complaints for eminent
be expropriated for socialized housing. It exempted "small property domain for the purpose of expropriating a parcel of land within
owners" as defined in the law (see law again for definition, Section Brgyy Masili, owned by Bardillon for the purpose of providing
3(q) ) Bargy. Masili a multi-purpose hall for the use and benefit of its
constituents.
3. SC then talks to itself out loud… question now is whether
respondents qualify as small property owners? And SC held, First complaint was filed at MTC after the failure of Brgy. Masili to
yes they are! (oooohh…) reach an agreement with Bardillon on the purchase offer of
P200,000. – DISMISSED
Two elements of "small property owner" definition:
1) Those owners of real property consists of residential lands Second complaint for eminent domain was filed at RTC seeking
with an area of not more than 300 sq meters in highly the expropriation of the said lot for the same purpose.
urbanized cities (800 in other urban cities)
2) That they do not own real property other than the same. Bardillon opposed by Motion to Dismiss, alleging that it violated
Both these elements are possessed by respondents! (aaaaahh…) Section 19(f) of Rule 16 in that cause of action is barred by prior
SC's Discussion on the first element: judgment, pursuant to the doctrine of res judicata.

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 78 -
RTC: Denied MTD. Held that MTC which ordered the dismissal of Held: The requirements for the issuance of a writ of possession in
1st complaint has no jurisdiction over the said expropriation an expropriation case are expressly and specifically governed by
proceeding. Issued Order in favor of Brgy. Masili. Section 2 of Rule 67 of the 1997 Rules of Civil Procedure.
On the part of LGU’s, expropriation is also governed by Sec 19 of
CA: RTC did not commit grave abuse of discretion in issuing the the LGCode.
assailed Orders. 2nd Complaint was not barred by res judicata
since MTC had no jurisdiction over the action. In expropriation proceedings, the requisites for authorizing
immediate entry are as follows:
1. WON the MTC had jurisdiction over the expropriation case the filing of a complaint for expropriation sufficient in form and
Held: An expropriation suit does not involve the recovery of a sum substance; and
of money. Rather, it deals with the exercise by the government of the deposit of the amount equivalent to 15 percent of the fair
its authority and right to take property for public use As such, it is market value of the property to be expropriated based on its
incapable of pecuniary estimation and should be filed with the current tax declaration.
regional trial courts.
In CAB, the issuance of the Writ of Possession in favor of Brgy.
The primary consideration in an expropriation suit is whether the Masili was proper because it had complied with the foregoing
government or any of its instrumentalities has complied with the requisites.
requisites for the taking of private property. Hence, the courts
determine the authority of the government entity, the necessity of The issue of the necessity of the expropriation is a matter properly
the expropriation, and the observance of due process. addressed to the RTC in the course of the expropriation
proceedings. If petitioner objects to the necessity of the takeover
The value of the property to be expropriated is estimated in of her property, she should say so in her Answer to the Complaint.
monetary terms and the court is duty-bound to determine the just The RTC has the power to inquire into the legality of the exercise
compensation for it. This, however, is merely incidental to the of the right of eminent domain and to determine whether there is a
expropriation suit. Indeed, that amount is determined only after the genuine necessity for it.
court is satisfied with the propriety of the expropriation. Petition denied.

An expropriation suit is within the jurisdiction of the RTC


regardless of the value of the land, because the subject Reclassification of Lands
of the action is the government’s exercise of eminent
domain -- a matter that is incapable of pecuniary --- through an ordinance
estimation. --- conversion to—residential, commercial, or industrial
purposes
2. whether the dismissal of that case before the MTC constituted
res judicata Sec20, LGC: Reclassification of Lands. —
Held: Res judicata literally means a matter adjudged, judicially (a) A city or municipality may, through an ordinance passed by the
acted upon or decided, or settled by judgment. It provides that a sanggunian after conducting public hearings for the purpose,
final judgment on the merits rendered by a court of competent authorize the reclassification of agricultural lands and provide for
jurisdiction is conclusive as to the rights of the parties and their the manner of their utilization or disposition in the following cases:
privies; and constitutes an absolute bar to subsequent actions (1) when the land ceases to be economically feasible and sound
involving the same claim, demand or cause of action. for agricultural purposes as determined by the Department of
Requisites of res judicata: Agriculture or (2) where the land shall have substantially greater
the former judgment must be final; economic value for residential, commercial, or industrial
the court that rendered it had jurisdiction over the subject matter purposes, as determined by the sanggunian concerned:
and the parties; Provided, That such reclassification shall be limited to the
it is a judgment on the merits; and following percentage of the total agricultural land area at the
there is -- between the first and the second actions -- an identity of time of the passage of the ordinance:
parties, subject matter and cause of action. (1) For highly urbanized and independent component
cities, fifteen percent (15%);
Since the MTC had no jurisdiction over expropriation proceedings, (2) For component cities and first to the third class
the doctrine of res judicata finds no application even if the Order of municipalities, ten percent (10%); and
dismissal may have been an adjudication on the merits. (3) For fourth to sixth class municipalities, five percent
(5%): Provided, further, That agricultural lands distributed to
3. Whether the CA erred when it ignored the issue of entry upon agrarian reform beneficiaries pursuant to Republic Act
the premises Numbered Sixty-six hundred fifty-seven (R.A. No. 6657).
otherwise known as "The Comprehensive Agrarian Reform
Law", shall not be affected by the said reclassification and the

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 79 -
conversion of such lands into other purposes shall be In all cases, applications for conversion involving lands
governed by Section 65 of said Act. protected from and non-negotiable for conversion shall not be
(b) The President may, when public interest so requires and upon given due course by the DAR.
recommendation of the National Economic and Development
Authority, authorize a city or municipality to reclassify lands in 2. The following areas shall be highly restricted from conversion:
excess of the limits set in the next preceding paragraph. a. Lands classified as 'Highly Restricted from Conversion' in the
(c) The local government units shall, in conformity with existing Network of Protected Areas for Agriculture as delineated by
laws, continue to prepare their respective comprehensive land use the DA, as follows:
plans enacted through zoning ordinances which shall be the a.1 Irrigable lands not covered by irrigation projects
primary and dominant bases for the future use of land resources: with firm funding commitments;
Provided. That the requirements for food production, human a.2 Agro-industrial croplands, or lands presently
settlements, and industrial expansion shall be taken into planted to industrial crops that support the economic
consideration in the preparation of such plans. viability of existing agricultural infrastructure and agro-
(d) Where approval by a national agency is required for based enterprises; and
reclassification, such approval shall not be unreasonably withheld. a.3 Highlands, or areas located in elevations of 500
Failure to act on a proper and complete application for meters or above and have the potential for growing semi-
reclassification within three (3) months from receipt of the same temperate and usually high value crops.
shall be deemed as approval thereof.
(e) Nothing in this Section shall be construed as repealing, b. Lands issued a Notice of Acquisition/Valuation under the
amending, or modifying in any manner the provisions of R.A. No. agrarian reform program or subject of a perfected agreement
6657. between the landowner and the beneficiaries under Voluntary
Land Transfer (VLT) or Direct Payment Scheme (DPS) under
CARP, as determined by the DAR; and
Administrative Order No.363 (Oct9, 1997) - Prescribing c. Areas identified as environmentally critical as determined by
Guidelines For The Protection Of Areas Non-Negotiable For the DENR, pursuant to PD 1586 (1978) and its implementing
Conversion And Monitoring Compliance With Section 20 Of rules and regulations;
The Local Government Code
Lands classified as highly restricted from conversion may be
Sec1. Declaration of Principles and Governing Policies converted only upon compliance with existing laws, rules and
A. General Principles regulations. An additional requirement of the social benefit cost
xxx analysis approved by the DA shall also be required before these
B. Governing Policies lands may be approved for conversion.
1. The following areas shall not be subject to or non-negotiable for Applications for conversion covering areas under 2 (c) above
conversion: shall be subject to the Environmental Impact Assessment (EIA)
a. Protected areas designated under the National Integrated and/or Environmental Compliance Certificate (ECC) of the
Protected Areas (NIPAS), including watershed and recharge DENR.
areas of aquifers, as determined by the Department of
Environment and Natural Resources (DENR), pursuant to RA 3. Conversion of priority areas under Executive Order 124 (1993),
7586 (1992); as identified below, falling within the areas highly restricted from
b. All irrigated lands, as delineated by the Department of conversion may be allowed and the social benefit cost analysis
Agriculture (DA) and/or the National Irrigation Administration for these areas may be waived; PROVIDED that the
(NIA) and approved by the President, where water is requirement of an EIC or ECC shall always be required;
available to support rice and other crop production, and all PROVIDED FURTHER that in no case shall conversion be
irrigated lands where water is not available for rice and other allowed if these sites fall under those classified as non-
crop production but are within areas programmed for irrigation negotiable areas:
facility rehabilitation by the DA and the NIA, pursuant to a. specific sites in regional agri-industrial centers/regional
Presidential Administrative Order 20 (1992); and industrial centers (RAICs/RICs) identified by the Department
c. All irrigable lands already covered by irrigation projects with of Trade and Industry (DTI) and the Department of Agriculture
firm funding commitments, as delineated by the DA and/or (DA), attached as Annex A;
NIA and approved by the President. b. tourism development areas (TDAs) identified by the
Department of Tourism (DOT), attached as Annex B; and
For this purpose, the Network of Protected Areas for Agriculture c. sites identified by the local government units (LGUs) for
(as of 1991), as determined by the DA and/or NIA shall serve as socialized housing.
guide in determining non-negotiable areas. The Network may
only be revised upon the approval of the President, upon 4. In all cases, farmers or prospective beneficiaries of the agrarian
favorable recommendation by the Cabinet Cluster on Agro- reform program affected by the conversion shall be paid
Industrial Development. sufficient disturbance compensation. In addition, the owners and
or developers of the land shall be encouraged to provide capital

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 80 -
which will enable the affected farmers and other legitimate shall be required to replace the areas affected by an equal area
stakeholders to shift to another livelihood, skills training, of irrigated lands, whether within or outside the area/locality
relocation sites, and priority in employment for them and their being applied for conversion; and PROVIDED FURTHER that
children. Investment arrangements which give affected farmers such conversion shall not adversely affect the irrigation system.
and other legitimate stakeholders a stake in the development of
the land, such as, but not limited to, joint ventures and Sec2: Definition of Terms. — xxx
partnerships, shall also be encouraged.
Sec3: Monitoring Compliance with Sec. 20 of RA 7160. xxx
5. No application for reclassification by LGUs shall be given due Sec4: Penalties and Sanctions. — xxx
course by HLURB without the approved Comprehensive Land
Use Plan approved by the HLURB for provinces, highly Sec5: Transitory Provisions. — xxx
urbanized cities, independent component cities and the cities (deleted this na kasi 1997 pa date of effectivity nito. If you guys
and municipalities of Metropolitan Manila, or the Sangguniang want to check this out for intellectual growth (o para sa medal, di
Panlalawigan for component cities and municipalities, after 1 ba mike?) see our daily digests. 
January 1989. The following requirements or certifications from
various agencies shall also be required:
a. Certification from the local HLURB specifying the total area of DGNotes:
zoned agricultural lands in the local government concerned CONVERSION CLASSIFICATION
based on the approved Comprehensive Land Use Plan or
Change in actual use of land Classifying land in paper
Zoning Ordinance prior to the application for conversion;
b. Certification from the NIA that the area to be reclassified is
Done with approval of DAR Done by Sanggunian
not covered under Presidential A.O. 20, s. 1992;
c. Certification from the DAR indicating that such lands are not Classification of Sanggunian
distributed or covered by a Notice of Valuation under CARP; • Validity depends on compliance with requisites in Sec 20
and • LGC however, does not provide how often this can be
d. Certification from DENR that the area applied for
reclassification has been classified as alienable and done (sir thinks this can be used to create loopholes
disposable, and is not needed for forestry purposes in case with respect to the requirements of the law)
the area applied for falls within public lands. • Conversion is an additional safeguard for power to
reclassify.
6. No application for conversion shall be given due course by DAR Sec 20 LGC – Sanggunian may classify lands into
without the following certifications from various agencies: 1. residential
a. Certification of the Viability or Non Viability of Agricultural 2. commercial
Land from the DA and that the land is not part of the area 3. industria
identified as non-negotiable for conversion or a certification
as to whether the land is classified as highly restricted from
conversion or not; RA 8435 (1997) - An Act Prescribing Urgent Related
b. Certification that the land does not fall under the NIPAS area Measures To Modernize The Agriculture And Fisheries
or is not classified as environmentally critical from the DENR. Sectors Of The Country In Order To Enhance Their
For applications for conversion involving environmentally Profitability, And Prepare Said Sectors For The Challenges
critical areas, the DAR may issue an Order of Conversion, Of Globalization Through An Adequate, Focused And
subject to the issuance of an ECC by the DENR. Rational Delivery Of Necessary Support Services,
The DENR, in coordination with the DAR, shall institute an Appropriating Funds Therefor And For Other Purposes
Environmental Guarantee Fund to ensure environment
protection and to provide government the financial capability to Sec9: Delineation of Strategic Agriculture and Fisheries
handle negative impacts of the conversion; Development Zones. — The Department, in consultation with
c. Certification from the NIA stating that the area is not covered the Department of Agrarian Reform, the Department of Trade
under Presidential A.O. 20, S. 1992; and and Industry, the Department of Environment and Natural
d. Certification from the HLURB that the land has been Resources, Department of Science and Technology, the
reclassified and that said reclassification is within or outside concerned LGUs, the organized farmers and fisherfolk groups,
the maximum allowable limits set by law. the private sector and communities shall, without prejudice to
the development of identified economic zones and free ports,
7. In all cases, the decision of the DAR Secretary shall be establish and delineate, based on sound resource accounting,
appealable to the Office of the President. The President may the SAFDZ within one (1) year from the effectivity of this Act.
allow the conversion of areas considered non-negotiable for All irrigated lands, irrigable lands already covered by irrigation
conversion only upon the favorable recommendation of the projects with firm funding commitments, and lands with existing
Cabinet Cluster on Agro-Industrial Development; PROVIDED or having the potential for growing high-value crops so
that where lands affected are irrigated, the owner/developer delineated and included within the SAFDZ shall not be

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 81 -
converted for a period of five (5) years from the effectivity of this (b) Conversion may be allowed, in accordance with Section 65 of
Act: Provided, however, That not more than five percent (5%) of RA 6657, when the land has ceased to be economically feasible
the said lands located within the SAFDZ may be converted upon and sound for agricultural purposes; or the locality has become
compliance with existing laws, rules, regulations, executive urbanized and the land will have greater economic value for
orders and issuances, and administrative orders relating to land residential, commercial, industrial or other non-agricultural
use conversion: Provided, further, That thereafter: 1) a review of purposes;
the SAFDZ, specifically on the productivity of the areas, (c) Conversion of lands within SAFDZs, as provided in Rule 9.5.2
improvement of the quality of life of farmers and fisherfolk, and of DA Administrative Order No. 6, series of 1998, shall take into
efficiency and effectiveness of the support services shall be account the following factors:
conducted by the Department and the Department of Agrarian (1) The conversion of land use is consistent with the natural
Reform, in coordination with the Congressional Oversight expansion of the municipality or locality, as contained in the
Committee on Agricultural and Fisheries Modernization; 2) approved physical framework and land use plan;
conversion may be allowed; if at all, on a case-to-case basis (2) The area to be converted in use is not the only remaining
subject to existing laws, rules, regulations, executive orders and food production area of the community;
issuances, and administrative orders governing land use (3) The land use conversion shall not hamper the availability of
conversion; and, 3) in case of conversion, the land owner will irrigation to nearby farmlands;
pay the Department the amount equivalent to the government's (4) The areas with low productivity will be accorded priority for
investment cost including inflation. use conversion; and
(5) Sufficient disturbance compensation shall be given to the
Sec11: Penalty for Agricultural Inactivity and Premature farmers whose livelihoods are negatively affected by the land
Conversion. — Any person or juridical entity who knowingly or use conversion as provided for by existing laws and
deliberately causes any irrigated agricultural lands seven (7) regulations.
hectares or larger, whether contiguous or not, within the (d) Conversion may be allowed when environmental impact
protected areas for agricultural development, as specified under assessment or initial environmental examination, as may be
Section 6 in relation to Section 9 of this Act, to lie idle and appropriate, shall have determined that it shall not adversely
unproductive for a period exceeding one (1) year, unless due to affect air and water quality and the ecological stability of the
force majeure, shall be subject to an idle land tax of Three area.
Thousand Pesos (P3,000.00) per hectare per year. In addition,
the violator shall be required to put back such lands to Sec9: Who May Apply for Conversion. — The following persons
productive agricultural use. Should the continued agricultural may apply for conversion:
inactivity, unless due to force majeure, exceed a period of two (a) Owners of private agricultural lands or other persons duly
(2) years, the land shall be subject to escheat proceedings. authorized by the landowner;
Any person found guilty of premature or illegal conversion shall (b) Beneficiaries of the agrarian reform program after the lapse
be penalized with imprisonment of two (2) to six (6) years, or a of five (5) years from award, reckoned from the date of issuance
fine equivalent to one hundred percent (100%) of the of the Certificate of Land Ownership Award (CLOA), and who
government's investment cost, or both, at the discretion of the have fully paid their obligations and are qualified under these
court, and an accessory penalty of forfeiture of the land and any Rules, or persons duly authorized by them; or,
improvement thereon. (c) Government agencies, including government-owned or
In addition, the DAR may impose the following penalties, after controlled corporations, and local government units, which own
determining, in an administrative proceedings, that violation of agricultural land as their patrimonial property.
this law has been committed:
a) Cancellation or withdrawal of the authorization for land use Sec10: Documentary Requirements. —xxx
conversion; and Sec11: Filing of Application. — The procedures in applying for
b) Blacklisting, or automatic disapproval of pending and conversion are as follows:
subsequent conversion applications that they may file with the (a) The applicant secures application form either from the DAR
DAR. Regional Office or the DAR Central Office.
(b) The applicant accomplishes the application and
secures/prepares the documents required under Section 10
Department of Agrarian Reform Administrative Order No.1 hereof.
(1999) - III (f) and (k), 10 NAR 398 (c) The applicant files three (3) sets of the application under oath
(inclusive of original) together with the required documents
ARTICLE III Conversion Procedures before the Regional Office or the Central Office.
Sec8: Criteria for Conversion. — The following criteria shall (d) The receiving office shall review the completeness of the
guide the resolution of applications for conversion: application. If found complete, the applicant shall be advised to
(a) Conversion may be allowed if the land subject of application is pay the filing fee and post the cash bond prescribed herein.
not among those considered non-negotiable for conversion as Applications with incomplete requirements shall not be
provided in Section 4 of these Rules; accepted.

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 82 -
Sec12: Filing Fees. — xxx the government in the event actual conversion activities are
Sec13: Processing of Application. — conducted by the applicant prior to approval of the application.
(a) Posting of Notice for 2 by MARO upon receipt of Notice of The forfeiture shall be without prejudice to the filing of criminal
application from central office or regional office. charges against those responsible for the premature conversion.
(b) Field Investigation to be conducted on the property on the (c) On the other hand, the performance bond shall be posted
eighth day from posting of the notice of application and shall be within five (5) days from issuance of the order of conversion in
completed within seven (7) days from start of the inspection and the form of either of the following:
the report shall be submitted within three (3) days from (i) Cash, manager's check, cashier's check, irrevocable letter of
completion thereof. credit, bank draft equivalent to two point five percent (2.5%) of
(c) Deliberation and Approval of Application on the 20 th day from the total zonal value of the land; or
posting of the notice and after completion of inspection by the (ii) Bank guarantee equivalent to five percent (5%) of the total
Regional Office/Central Office. zonal value of the land; or
The recommendation on the application for conversion shall be (iii) Surety equivalent to fifteen percent (15%) of the total zonal
forwarded to the Regional Director, the Undersecretary value of the land.
concerned, or the Secretary, as the case may be, within ten (10) The performance bond shall be in favor of DAR to guarantee the
days from the date of deliberation. payment of the amount of security as penalty in the event it is
Within ten (10) days from the submission of the established that the applicant/developer is in default of their
recommendation, the approving authority shall resolve the obligations under the order of conversion. It shall be co-
application furnishing copies thereof to the applicant and the terminous with the final completion of the project and shall be
oppositors, if any. forfeited in favor of the government in case of violation of any of
the conditions of the conversion order.
Sec14: Processing of Applications Involving Priority
Development Areas. — The following steps shall be observed Sec16: Disturbance Compensation. —
in the processing of applications involving RAICs/RICs, (a) Disturbance compensation, in cash or in kind or both, shall be
socialized housing, tourism development, and PEZA-approved paid by the landowner or the developer, as may be appropriate,
ECOZONES: to tenants, farmworkers, as bona fide occupants to be affected
(a) The applicant submits the duly accomplished application by the conversion in such amounts or under such terms as may
form together with the supporting documents to the Regional be mutually agreed upon between them and the landowner or
Office/Central Office. Only applications with complete the developer, but which shall not be less than five (5) times the
requirements shall be accepted and given due course. average of the gross harvests on their landholding during the
(b) The Regional Office/Central Office shall immediately prepare last five (5) preceding calendar years, pursuant to Section 36 of
the Notice of Application and transmit the same to the DAR RA 3844, as amended by Section 7 of RA 6389, particularly in
Municipal Office for posting. the case of tenants.
(c) The MARO posts the Notice of Application within three (3) (b) Compensation in kind may consist of free housing, homelots,
days from receipt thereof in two (2) conspicuous places in the employment, and other benefits. The DAR shall approve the
municipality, in the barangay(s) where the property is located, terms of any agreement for the payment of disturbance
and in the property itself. compensation and monitor compliance therewith. In no case
(d) An ocular inspection shall be conducted by a team assigned shall compliance with the terms and conditions thereof extend
for the purpose within five (5) days from acceptance of the beyond sixty (60) days from the date of approval of the
application. The inspection shall be completed within three (3) application for conversion.
days. (c) In the event the parties do not agree on the amount of
(e) The team shall submit its report together with a draft order disturbance compensation, the issue may be brought by either
involving the application within three (3) days from inspection. of them before the DAR Adjudication Board for resolution
(f) The approving authority shall resolve the application within pursuant to existing rules.
two (2) days from receipt of the draft order. EAICTS Sec17: Role of PARC Land Use Technical Committee. — xxx

Sec15: Cash Bond and Performance Bond. — AND NO W F OR SIR’ S FAVORI TE CASE S
(a) To guarantee that the application shall not undertake premature
Years later, we’re still very much upset.
conversion pending consideration of the application and ensure
But before that:
faithful compliance with the conditions of the conversion order
by the applicant/developer, a cash bond and a performance
bond shall be required pursuant to Section 35, Chapter 6, Book Fusion Sex (Part 3)
IV of the Administrative Code of 1987.
(b) The cash bond shall be posted upon filing of the application The most important aspects of this apparently exquisite
equivalent to two point five percent (2.5%) of the total zonal relationship-experience are that it is totally in the present. There
value of the land. It shall be refundable upon issuance of the are no strings attached and no future plans. The male feels
order of conversion or convertible into performance bond at the sufficiently safe and accepted. He can become emotionally
applicant's option. The cash bond shall be forfeited in favor of defenseless and allow a total flow of blocked and typically

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 83 -
controlled feelings to emerge. In most cases that I have heard of, Thus, NQSRMDC file application for conversion. The said
such relationships did not gain permanence. They never had to industrial area will be composed of the Development Academy of
meet the long range test of “reality.” Mindanao, Bukidnon Agro-Industrial Park, Forest development and
support facilities (hotels, restaurants, dorms and housing project)
I have also heard of a few instances of fusion sex occurring for a
man who has been in a relationship with a woman for many
In 1994:
years. Usually it seems to happen for him after a personal DAR, thru sec. Garilao, issued an Order denying application for
growth crisis which has allowed him to achieve new levels of conversion [it was prime agricultural land!!!] and instead placed the
awareness. In these periods he is able to experience new levels same under compulsory coverage of CARP. It also directed its
of trust leading to greater self-expression which then allows him distribution to qualified beneficiaries. DAR Secretary ordered Reg.
to surrender himself more completely to the sexual moment and Dir. to proceed with the compulsory acquisition and distribution.
therefore to experience the ecstasy of fusion sex. Gov. Carlos Fortich appealed the order of denial to the Office of
The experience of fusion sex is certainly deserving of further the President (OP).
exploration. It may very well have been experienced by men Pres. Asst. for Mindanao and DILG recommended the conversion
under conditions quite dissimilar to the ones outlined here, and of the land to the President and requested that the enforcement of
I don’t want to imply that the dimensions I’ve discussed are the the DAR Sec’s Order be put on hold.
only ones. However, hearing descriptions of this experience
In 1995:
leads me to believe that most men have not experienced nearly
NQSRMDC filed with CA petition for certiorari, prohibition to
the ecstatic potential of their sexuality. While I am not prevent the enforcement of DAR Secretary’s Order.
suggesting that the male set fusion sex as a constant standard of CA issued Resolution ordering parties to observe status quo
expectation, description of the experience of fusion sex certainly pending case resolution.
do contain important implications for the untapped sexual
potential of the male. (end) In 1996
OP, through Executive Secretary Ruben Torres issued an Order on
Fortich vs. Corona (1998) 289scra624 March 29, 1996, (OP Order ‘96 for brevity) in favor the conversion.
It reversed DAR Secretary Garilao’s decision which denied the
[notes in italics kasi daming side comments si sir]
conversion.
Facts:
In 1991: • conversion would bring about real development [not
DAR placed the 144-hectare property owned by NQSRMDC significant]
(Norberto Quisumbing S. Management and Development
Corporation) under compulsory acquisition for P2.38M. Such • the land is not irrigated since it was for 10 yrs planted with
property was leased as pineapple plantation to Del Monte for 10 pineapples [DAR was the fact-finding body if said land is
yrs. irrigated]
NQSRMDC resisted and DARAB (DAR Adjudication Board)
ordered DAR Region X Director to desist from the activity til further
• the notice of compulsory acquisition covering land since 1991
orders. was null and void as land could not be subjected to such cos
Regional Dir ignored DARAB order and issued memorandum it was still leased to Del Monte [lease had already expired]
directing Landbank to open trust account for P2.38M in • no beneficiaries since the land was not tenanted [CLOAS
NQSRMDC and to conduct summary proceedings for the just were already cancelled]
compensation of the property. • Sec 20 LGCode grants LGU power to re-classify land.
NQRSRMDC filed omnibus motion with DARAB which ordered
DAR Reg. Dir to comply with the previous order and nullified the
DAR filed motion for recon (MFR) of the OP Order ’96 on May 20,
Director’s memorandum.
1996.
Landbank complied with the DARAB order.
NQSRMDC discovered that title over the subject property was no
longer in its name. DAR had caused the cancellation of their title in
In 1993:
1995 and had caused the issuance of Certificates of Land
Prov’l Development Council (PDC) of Bukidnon passed Resolution
Ownership Award (CLOA) and had it registered in the name of 137
6 designating certain areas where the property is located as
farmer-beneficiaries.
Bukidnon Agro-Industrial Zones.
Pursuant to Sec 20 of LGCode, the Sangguniang Bayan of
In 1997
Sumilao, Bukidnon enacted Ordinance No. 24 converting or re-
NQSRMDC filed complaint with RTC for the cancellation and
classifying the 144-hectare land from agricultural to
annulment of title. RTC issued TRO and Writ of Prelim Injunction
industrial/institutional to attract investors who can provide more
restraining DAR and others from occupying the said land.
jobs and raise income of its people.
Meanwhile, on June 23, 1997 OP, issued an Order (OP Order ’97
The Ordinance was approved by Bukidnon Provincial Land Use
for brevity) thru Sec Torres, denying MFR of DAR for having been
Committee. Bukidnon provincial Board expressed support through
Resolution No. 94-95

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 84 -
filed beyond the reglementary period of 15 days. The Order further
stated that the OP Order ’96 had become final and executory. (Martinez and Mendoza deny; Puno and Melo to grant MR)
Some farmers began their hunger strike in front of DAR compound Motions for reconsideration (MR) by respondents and applicants
to protest the OP Order ‘96. Pres. Ramos held dialogue with them for intervention seeking reversal of April24, 1998 SC Decision
and created an 8-man Fact Finding Task Force (FFTF). which:
- nullified “win-win” Resolution (November7, 1997) issued by
OP resolved the strikers protest by issuing the “WIN-WIN” the Office of the President (OP) and
Resolution penned by Deputy exectutive Secretary Renato C. - denied applicants’ Motion for Leave to Intervene
Corona. SC struck down as void the act of OP in reopening the case (OP
• NQSRMDC’s application for conversion is approved only for 96-C 6424) through issuance of “win-win” Resolution which
44-hectare portion substantially modified its March29, 1996 OP Decision that had
• The remaining 100 hectare suitable for agriculture is long become final and executory – as a gross disregard of rules
distributed to qualified farmer-beneficiaries. and basic legal precept that afford finality to administrative
Gov. Fortich and NQRMDC filed petition for Certiorari in SC with determinations.
TRO against Corona and DAR Sec Garilao. They argue that: Same March29, 1996 OP Decision was declared by same office as
• WIN-Win Resolution was a political decision prompted by the final and executory in its June23, 1997 Order which denied
hunger strike by fake farmer beneficiaries respondent DAR’s MR of OP decision for having been filed beyond
the 15-day reglementary period.
• Corona committed grave abuse of discretion (GAOD) as the
SC deemed it necessary to write an extended resolution (when a
WIN-WIN Reso was patently illegal and contrary to law
minute one denying MRs with finality would have been sufficient) in
Corona, SolGen:
view of the wide publicity and media coverage the case has
• proper remedy is certiorari on appeal in CA generated…
• file motion for recon first before certiorari
• NQSRMDC is guilty of forum shopping As to Intervention Applicants’ MR:
Farmer-beneficiaries filed Motion to Intervene claiming they are 1. Other issues which they describe as “substantial”
real parties in interest. SC: These have thoroughly and properly been disposed of in the
March OP Decision. Factual findings of admin agencies which
MAIN ISSUE: WON the final executory decision of OP can still have acquired expertise in their field are binding and conclusive.
be substantially modified by the WIN-WIN resolution? – NO Office of President presumed competent in matters within its
In appealing to OP, sec 7 of Admin Order No. 18 provides that domain.
decisions/resolutions/orders of OP become final after the lapse of
15 days from receipt of a copy thereof by the parties unless a
a. Whether subject land is considered prime agricultural land
motion for recon is filed within that period. Sec 9 provides ROC with irrigation facility  “while it is true that there is, indeed,
shall apply in a suppletory character. an agricultural facility in the area, it merely passes thru the
property (as a right of way) to provide water to the ricelands
When OP issued OP Order ’97 declaring OP Order ’96 final and located on the lower portion. Land itself is not irrigated as it
executory, no one has seasonably filed an MFR. Thus the OP has was, for years, planted with pineapple by Phil. Packing Corp.
lost its jurisdiction to re-open the case, more so modify its decision. b. Whether land has long been covered by a Notice of
Compulsory Acquisition (NCA)  declared null and void by
Having lost its jurisdiction, OP has no more authority to entertain DAR Adjud. Board deciding in favor of NQSR that property
the 2nd MFR filed by DAR secretary, which 2 nd MFR became the could not validly be subject of compulsory acquisition until
basis for the WIN-WIN resolution. expiration of lease contract with Del Monte… and
Quisumbing family has already contributed substantially…
Only one MFR is allowed from the OP Order ’96 and even if a 2 nd
MFR is permitted in exceptionally meritorious cases, still the 2nd c. whether land is tenanted, and if not, whether the applicants
MFR would not have been entertained since the 1 st MFR was not for intervention are qualified to become beneficiaries thereof
seasonably filed. Thus OP Order ’96 had lapsed into finality.  there are no beneficiaries for the land is not tenanted
d. whether the Sangguniang Bayan of Sumilao has legal
The orderly administration of justice requires that the authority to reclassify the land into industrial/institutional use
judgment/resolutions of a court of quasi-judicial body must reach a  purpose of law granting autonomy to LGUs in the
point of finality set by the law, rules and regulation. management of their local affairs and autonomy includes
power to convert portions of their agricultural lands and
WIN-WIN Resolution is void – “a lawless thing which can be provide for the manner of their utilization and disposition to
treated as an outlaw and slain at sight, or ignored wherever and enable them to attain their fullest development as self-reliant
whenever it exhibits its head.” communities.
To be sure, conversion would open great opportunities for
employment and bring about real development in the area
Fortich vs. Corona (Nov.17 1998) 298scra678 towards a sustained economic growth of the municipality.

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 85 -
Distributing the land to would-be beneficiaries (not even
tenants, as there are none) does not guarantee such benefits 2. Petitioners are estopped from assailing authority of OP to re-
open case and resolve it based on the report of PFTF.
2. In the interest of justice, have mercy please… - they participated in the process conducted by task force
SC: Affirmation of finality of OP Decision is precisely pro-poor without raising any objection – bars them from raising any
considering that more of the impoverished members of society will jurisdictional infirmity
be benefited by the agro-economic development of the land. Plan - Petitioners (Bukidnon Governor Fortich and Sumilao Mayor
was supposed to have following components: Baula) were named members of task force
a. Development Academy of Mindanao… - NSQR did not question authority of President to constitute
b. Bukidnon Agro-Industrial Park… food processing task force despite its express adherence to Torres declaration
c. Forest development… open spaces and parks for recreation as to finality of his decision – confident that its interests would
d. Support facilities… hotel, resto, dorm, and housing project be promoted and protected by Fortich and Baula
Project was supported by Mun. of Sumilao (enacting Ord.24) and “Win-win” resolution by OP being adverse to petitioners, they now
Bukidnon Prov’l Brd. on a Joint Committee Report. assail authority of President to modify Torres decision, but
- DTI, Bukidnon Provincial Office adopted it as one of its circumstances show application of estoppel.
flagship projects…
- recommended by Provincial Development Council of 3. Considering special circumstances of case, it would better
Bukidnon, DAR municipal and regional office, Regional serve ends of justice to obtain a definitive resolution of issues
office of DENR which issued environmental compliance in instant petition and remand to CA where jurisdiction over
certificate… appeal lies, also where two or more cases involving Sumilao
- National Irrigation Admin interposed NO OBJECTION property is pending
- Kisolon-San Vicente Irrigators Multi Purpose Coop
interposed no objection – as it will provide more DGNotes:
economic benefits SC doctrine: “fealty to procedure is in the bill of rights.”
- During a public consultation held, people of affected - where in the (expletives deleted) Bill of Rights is it
barangay rallied behind their respective officials in stated??!
endorsing the project.
MRs denied. why are we upset?
The respondents allege that the Torres decision was without legal
Separate Opinion: PUNO – to grant MRs and remand case to CA
basis. But the SC did not pass upon this allegation because (oops)
1. President has suspended the 15day rule.
they were late and missed the deadline.
 Closer scrutiny of records reveals that the 15day rule was
suspended by the President when he constituted (on Oct15, 1997
And why did the SC cite the Camarines case? It was never
or 6months after promulgation of Torres decision) the Presidential
Fact-Finding Task Force (PFTF) to conduct a comprehensive provided therein that LGUs have the power to convert. It only
review of the proper lands use of the Sumilao property. held that LGUs have the power to classify. Court cannot therefore
Even though Torres had already denied 1st MR, President treated use said case as a basis to say that the question regarding the
case as still open and stated in his memorandum that findings of power of the LGUs to convert land is no longer novel.
PFTF “will be inputs to resolution of case now pending at OP.”
President took cognizance of special circumstances surrounding
tardy filing by DAR of its MR: Fortich vs. Corona (Aug.19 1999) 312scra751
- DAR lawyers assigned received Torres decision only after
lapse of reglementary 15-day period for appeal Respondents and intervenors in their MR:
- Copy of decision intended for them was passed from one
office to another
- argue that Nov17, 1998 SC Resolution where vote turn-out
- DAR would not be the only to lose a significant case because was 2 to 2 on separate MRs of earlier April24, 1998 SC
of bureaucratic lapses Decision  did not effectively resolve MRs inasmuch as the
 President as admin head is vested by Admin Code of 1987 to matter should have been referred to Court en banc (pursuant
promulgate rules relating to governmental operation including to ArtVIII, Sec4(3) of Consti)
admin procedure, also with power to suspend its effectivity when - assail Jan27, 1999 SC Resolution which noted without
they hamper, defeat or undermine effective enforcement of laws. action the intervenors’ MR with Motion to Refer Matter to
 This act is also under the corollary principles of presidential Court En Banc” filed on Dec3, 1998:
power of control and qualified political agency. o movants have no legal personality to further seek
 This act is not arbitrary considering the fundamental issues the redress before SC after denial of their motion for leave to
problem raises – conflict between land reform and the intervene in the April24, 1998 Decision
industrialization of the countryside – resolution of which would o their subsequent MR of said decision (praying to resolve
have far-reaching implications on success of land reform programs motion by Court en banc) also denied in Nov17, 1998
and peace or rebellion in the countryside. Resolution

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 86 -
o MR of Dec3, 1998 in the nature of a 2nd MR which is a have already been raised before and passed upon by SC in the
Resolution.
forbidden motion (1997 Rules of Civil Procedure)
o All respondents in the case did not anymore join them in
Reminiscing the Nov17, 1998 Resolution:
seeking reconsideration of Nov17, 1998 Resolution
a. “Win-win” Resolution is void and of no legal effect considering
that OP Decision had already become final and executory
1. Should the court decide en banc pursuant to Consti?
even prior to the filing of MRs as basis of “win-win”
SC (Ynares-Santiago as ponente): NO.
Resolution.
[sir: why the hell is Ynares-Santiago sitting in the 2nd
b. While it may be true that on its face the nullification of the
division?!]
“win-win” Resolution was grounded on a procedural rule
pertaining to the reglementary period to appeal or move for
Careful rea0ding of ArtVIII, Sec4(3) of Consti reveals intention of
reconsideration, the underlying consideration was the
framers to draw a distinction between cases and matters. Cases
protection of the substantive rights of petitioners as well as
are “decided”, while Matters, which include motions, are
the people who stand to be benefited by development of the
“resolved.”  The word “decided” must refer to “cases”; while the property, which was vested by the OP Decision. The issue is
word “resolved” must refer to “matters”, applying the rule of therefore not a question of technicality but of substance and
reddendo singular singulis, as is true in the interpretation of other merit.
provisions of the Constitution where these words appear. c. As to legal standing of intervenors, see Martinez decision…
It is clear that only cases are referred to the Court en banc for
decision whenever the required number of votes is not obtained. Separate Opinion: MELO – votes with Puno that case be referred
Rule does not apply where the required votes is not obtained in the to CA for further proceedings.
resolution of MR. Hence, second sentence of the provision speaks Bound to abide by Court En Banc’s Resolution 99-1-09-SC which
only of “case” and not “matter”. settled issue of an even (2-2) vote in a division – still constrained to
REASON: The provision pertains to disposition of cases by a vote with majority in denying all motions:
division. If there is a tie in the voting, there is no decision. The only 1. ArtVIII, Sec4(3) mandate that cases heard by a division when
way to dispose of the case then is to refer it to the Court en banc. the required majority of at least 3votes in the division is not
If a case has already been decided by the division and the losing obtained are to be heard and decided by Court En Banc.
party files MR, failure of the division to resolve the motion because
 1986 Constitutional Commission deliberations disclose that if
of a tie in the voting does not leave the case undecided. There is
case is not decided in a division by a majority vote, it goes to the
still the decision which must stand in view of the failure of the
Court En Banc and not to a larger division. Moreover, elevation to
members of the decision to muster the necessary vote for its
En Banc shall be automatic.
reconsideration.
Explicit is the requirement that at least 3members must concur in
Plainly, if the voting results in a tie, MR is lost. Decision is not
any case or matter heard by a division. Failing thus, case or matter
reconsidered and must therefore be deemed affirmed, as such was
will have to be decided by the Court En Banc. This also applies in
ruling of SC in the Nov17, 1998 Resolution.
a division of 5 but only 4members can vote (1 being inhibited or
unable to participate).
2. Should be decided En Banc because the issues submitted in
their separate motions are of first impressions… That Nov.17,
2. Distinction between “cases” and “matters” is not true all the
1998 Resolution did not dispose of the earlier MRs of April24,
time.
1998 Decision.
It can only be true in original cases, as opposed to appealed
SC: Justice Martinez in the Nov17, 1998 Resolution already
cases, filed with SC. Due to hierarchy of courts doctrine, only
expressed that the issues presented were no longer novel…
original cases taken cognizance by SC are those wherein it has
having been decided in case Province of Camarines Sur vs. CA.
exclusive jurisdiction. Such cases are required to be held En Banc.
The contention is flawed. The present MRs necessarily partake of
Cases taken cognizance by division are either petitions under
the nature of a 2nd MR which, according to clear and unambiguous
Rule45 or 65.
language of Rule56, Sec4 in relation to Rule52, Sec2 of Rules of
Under Rule45, appeal by way of petition for review on certiorari is
Civil Procedure, is prohibited.
not a matter of right. Should there be a tie in the voting on
deliberation of a “case” by the division, although apparently no
There are exceptional cases when Court may enforce a 2 nd MR,
action is passed, a decision may still be rendered – DENIED due
such as where there are extraordinarily persuasive reasons. But it
course and DISMISSED, which is definitely in consonant with
has been ruled that such must be filed with express leave of court
majority’s line of reasoning in the 2-2 vote on MRs.
first obtained.
But why is it that, 2-2 vote in deliberation of “case” at first instance
Movants failed to ask for prior leave of court. Moreover, They have
should still be referred to the Court En banc?  the express
been unable to show that there are exceptional reasons to give
provision of Consti requires a vote of at least 3 justices for there to
due course to their 2nd MRs.
be a valid and binding decision of the Court. It should equally be
appled to MRs. In all instances, whether it be in the deliberations
 Stripped of arguments for referral to Court en banc, the present
of a cases at first instance or on MR, a division having a 2-2 vote
motions are nothing more but rehashes of MRs which have been
cannot pass action.
denied in Nov17, 1998 Resolution. Allegations contained therein

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 87 -
Held: NO
 The requirement of 3votes equally applies to MRs because the On at least 2 occasions, the SC, sitting En Banc has refused to
provision contemplates “cases” or “matters” (with no material take cognizance of this case:
distinction insofar as divisions are concerened) heard by a division, 1. Dec 14, 1998 – case was referred to the En Banc and the ff
and MR cannot be divorced from decision in a case that it seeks to day was referred back to the 2nd Division, indicating a clear
be reconsidered. denial of the motion to refer the matter to the Court En Banc
Consequently, if required minimum majority of 3votes I not met,
matter of MR has to be heard by Court En Banc, as mandated by 2. Dec 7, 1999 – the Court En Banc declined to accept the case,
the Consti. despite repeated motions for automatic referral by
To argue that MR is not a “case” but only a “matter” which does not respondents and intervenors
concern a case is to engage in a lot of unfounded hairsplitting.
The controlling resolution is A.M. 99-1-09-SC,”In the matter
3. The theory of leaving the issue hanging on a 2-2vote or any clarifying the rule resolving motions for reconsideration” which
even vote may be sustained only in cases where there is no states:
recourse to a higher assemblage. There is still recourse to the A MOTION FOR RECON OF DECISION OR RESOLUTUION
Court En Banc in CAB… more so, being expressly directed OF THE COURT EN BANC OR OF A DIVISION MAY BE
by the Constitution. GRANTED UPON A VOTE OF A MAJORITY OF THE
MEMBERS OF THE EN BANC OR OF A DIVISION, AS THE
CASE MAY BE, WHO ACTUALLY TOOK PART IN THE
Fortich vs. Corona (Dec, 1999) GR131457 DELIBERATION OF THE MOTION
IF THE VOTING RESULTS IN A TIE, THE MOTION FOR
Facts: RECON IS DEEMED DENIED
Respondents and intervenors begged to file a “Joint First Motion This Resolution was applied by in the case of Yale Land
for Reconsideration of the Denial of the Motion for Automatic Development Corporation v Pedro Caragao. The foregoing is
Referral of the Case to the Supreme Court Sitting En Banc in View consistent with the interpretation of the SC in the Aug 1999
of a Court Division’s 2-2 Vote and Clarificatory Motion”, where they Resolution.
reiterate their earlier contention that the case should be referred to
the SC En Banc pursuant to Art 8 Sec 4 par 3 of the Constitution There is nothing repugnant in this rule to Art 8 Sec 4(3) of the
and that it involves several novel questions of law invoking SC Constitution. Only the decision of cases require the concurrence of
Resolution February 9, 1993 in Bar Matter 209. They also argue at least 3 members of the SC. Insofar as the resolutions of MRs
that the SC Resolution of the case on Aug 1999 [the 3rdtich case] are concerned, the failure to muster the required vote of 3 simply
reflected the interpretation of that Const provision of the ponente means that MR is lost and decision stands. There is nothing in that
alone. Const provision that requires an automatic referral to the SC En
Banc in such instance. Even the deliberations of the 1986 ConCom
Petitioners then filed a Petition to Cite for Indirect Contempt do not equivocably show that the resolutions of MRs, where the
because the DAR and applicants for intervention for filing 2 nd, 3rd required vote of 3 is not obtained, should be referred to the En
and, in the case of intervenors, 4th motions for reconsideration in Banc.
violation of the admonition that no further pleading or motion will be
entertained in this case. Petitioners posit that since all 4 Justices of
the Special 2ND Division concurred in the result of the Aug 1999 Roxas & Co., Inc. vs. CA (1999)
Resolution, there is no more 2-2 vote but a 4-0 vote.
Facts:
Citing Santiago v COMELEC and Krivenko v Register of Deeds, Petitioner is the registered owner of 3 haciendas, namely,
they also contend that the filing of a Motion for Reconsideration Haciendas Palico, Banilad and Caylaway, all located in Nasugbu,
(MR) does not vacate the decision sought. Simply put, they state Batangas.
that the 2-2 vote resulted in the denial of the MRS and the In February 1986, President Aquino issued Proclamation No. 3
affirmation of the 24 April 1998 Decision. Respondents rely heavily promulgating a Provisional Constitution. In the exercise of this
on Justice Melo’s separate opinion in assailing the SC’s legislative power the President signed on July 22, 1987,
interpretation of Art 8 Sec 4(3). They also invoke pertinent Proclamation No 131 instituting a Comprehensive Agrarian Reform
provisions of the deliberations of the 1986 ConCom in support of Program and Executive Order No. 229 providing the mechanisms
their contention and where the concurrence of at least 3 members necessary to initially implement the program.
of the SC is not obtained, the case is automatically referred to the On July 27, 1987, the Congress of the Philippines formally
SC En Banc. convened and took over legislative power from the President. This
Congress passed Republic Act No. 6657, CARL of 1988.
Issue: WON a MR decided by a 2-2 vote by a division should Before the law's effectivity, on May 6, 1988, petitioner filed with
be referred to the Court En Banc for resolution respondent DAR a voluntary offer to sell Hacienda Caylaway
pursuant to the provisions of E.O. No. 229. Haciendas Palico and

The Apocryphal Maggots:


Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche
The Flibbertigibbet Worms:
Golda, Gladys and Melyjane
CA VE AT: By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .
Amusin S C A r y
gly
THE C2005 LOCAL GOVERNMENT REVIEWER - 88 -
Banilad were later placed under compulsory acquisition by address the Notice may be sent by personal delivery or registered
respondent DAR in accordance with the CARL. mail, the law does not distinguish. The DAR Administrative Orders
On August 24, 1993, petitioner instituted a case with respondent also do not distinguish. In the proceedings before the DAR the
DAR Adjudication Board (DARAB) praying for the cancellation of distinction between natural and juridical persons in the sending of
the CLOA's issued by DAR in the name of several persons. notices may be found in the Revised Rules of Procedure of the
Petitioner alleged that the Municipality of Nasugbu, where the DAR Adjudication Board (DARAB). Service of pleadings before the
haciendas are located, had been declared a tourist zone, that the DARAB is governed by Section 6, Rule V of the DARAB Revised
land is not suitable for agricultural production, and that the Rules of Procedure.
Sangguniang Bayan of Nasugbu had reclassified the land to non-
agricultural. Jaime Pimentel is not the president, manager, secretary,
In a Resolution dated October 14, 1993, respondent DARAB held cashier or director of petitioner corporation. Is he, as
that the case involved the prejudicial question of whether the administrator of the two Haciendas, considered an agent of
property was subject to agrarian reform, hence, this question the corporation?
should be submitted to the Office of the Secretary of Agrarian
Reform for determination. The purpose of all rules for service of process on a corporation is
On October 29, 1993, petitioner filed with the CA. It questioned the to make it reasonably certain that the corporation will receive
expropriation of its properties under the CARL and the denial of prompt and proper notice in an action against it. Service must be
due process in the acquisition of its landholdings. made on a representative so integrated with the corporation as to
Meanwhile, the petition for conversion of the three hectares was make it a priori supposable that he will realize his responsibilities
denied by the MARO on November 8, 1993. Petitioner's petition and know what he should do with any legal papers served on him,
was dismissed by the Court of Appeals on April 28, 1994. and bring home to the corporation notice of the filing of the action.
Petitioner moved for reconsideration but the motion was denied on
January 17, 1997 by CA. Petitioner's evidence does not show the official duties of Jaime
Pimentel as administrator of petitioner's haciendas. The evidence
Issue: WON the acquisition proceedings over the three does not indicate whether Pimentel's duties is so integrated with
haciendas were valid and in accordance with law the corporation that he would immediately realize his
Held: NO, there was notice provided by law responsibilities and know what he should do with any legal papers
In the CAB, DAR claims that it sent a letter of invitation to served on him.
petitioner. The invitation was received on the same day it was sent
as indicated by a signature and the date received at the bottom left At the time the notices were sent and the preliminary conference
corner of said invitation. conducted, petitioner's principal place of business was listed in
respondent DAR's records as "Soriano Bldg., Plaza Cervantes,
With regard to Hacienda Banilad, respondent DAR claims tha