I.
INTRODUCTION
A. Overview, Local Government as part of
the Executive Branch
ARTICLE X
LOCAL GOVERNMENT
GENERAL PROVISIONS
Section 2. The territorial and political subdivisions
shall enjoy local autonomy.
Section 4. The President of the Philippines shall
exercise general supervision over local governments.
- Provinces with respect to component cities and
municipalities, and
- cities and municipalities with respect to
component barangays,
- shall ensure that the acts of their component
units are within the scope of their prescribed
powers and functions.
RA 7160
ARTICLE I
National Government and Local Government
Units
Section 25. National Supervision over Local
Government Units. -
(a) Consistent with the basic policy on local
autonomy, the President shall exercise general
supervision over local government units to ensure
that their acts are within the scope of their prescribed
powers and functions.
- The President shall exercise supervisory
authority directly over provinces, highly
urbanized cities, and independent component
cities;
- through the province with respect to component
cities and municipalities; and
- through the city and municipality with respect to
barangays.
(b) National agencies and offices with project
implementation functions shall coordinate with one
another and with the local government units
concerned in the discharge of these functions.
- They shall ensure the participation of local
government units both in the planning and
implementation of said national projects.
(c) The President may, upon request of the local
government unit concerned, direct the appropriate
national agency to provide financial, technical, or
other forms of assistance to the local government
unit. Such assistance shall be extended at no extra
cost to the local government unit concerned.
(d) National agencies and offices including
government-owned or controlled corporations with
field units or branches in a province, city, or
municipality shall furnish the local chief executive
concerned, for his information and guidance, monthly
reports including duly certified budgetary allocations
and expenditures.
CASES:
PROVINCE OF BATANGAS v. ROMULO (2004)
FACTS: By virtue of EO 48, the Oversight Committee
(Devolution Committee) has created a Devolution
Adjustment and Equalization Fund which was later
renamed into Local Government Service Equalization
Fund. Under the GAAs for the years 1999, 2000 and
2001, a portion of the IRA was earmarked for the
LGSEF. Such amount shall be released only after
compliance with the IRR.
Petitioners assail the constitutionality of the GAAs
and the OCDs because it violates: (a) Sec 6 of Art X of
the Constitution, Sec. 18 and 286 of the LGC which
mandate that the just share of the LGUs shall be
automatically released. (b) improperly amended Sec.
285 by changing the percentage sharing of the LGUs
on the IRAs
Respondents: (a) Just share of the LGU is within the
power of the Congress to determine (b) Sec. 285 is
just a default share
HELD:
Consistent with the principle of local autonomy, the
Constitution confines the President's power over the
LGUs to one of general supervision. This provision
has been interpreted to exclude the power of control.
An officer in control lays down the rules in the doing
of an act. If they are not followed, he may, in his
discretion, order the act undone or re-done by his
subordinate or he may even decide to do it himself.
Supervision does not cover such authority. The
supervisor or superintendent merely sees to it that
the rules are followed, but he himself does not lay
down such rules, nor does he have the discretion to
modify or replace them.
NATIONAL LIGA NG MGA BARANGAY v. PAREDES
(2004)
FACTS:
There was a controversy over the election of officers
in the Liga ng mga Barangay which led to several
disputes. The DILG secretary was appointed as
interim caretaker of the Liga ng Barangay.
ISSUES:
(1) WON Liga is subject to DILGs supervision (as
alterego of the president). YES.
(2) Whether the actions of the DILG constituted
supervision or control. YES
HELD:
(1) The Ligas are primarily governed by the
provisions of the Local Government Code.
However, they are empowered to make their own
constitution and by-laws to govern their
operations.
In the early case of Mondano v. Silvosa, et al.,83
this Court defined supervision as "overseeing, or
the power or authority of an officer to see that
subordinate officers perform their duties, and to
take such action as prescribed by law to compel
his subordinates to perform their duties. Control,
on the other hand, means the power of an officer
to alter or modify or nullify or set aside what a
subordinate officer had done in the performance
of his duties and to substitute the judgment of the
former for that of the latter.
The rationale for making the Liga subject to DILG
supervision is quite evident, whether from the
perspectives of logic or of practicality. The Liga is
an aggroupment of barangays which are in turn
represented therein by their respective punong
barangays. The representatives of the Liga sit in
an ex officio capacity at the municipal, city and
provincial sanggunians. As such, they enjoy all
the powers and discharge all the functions of
regular municipal councilors, city councilors or
provincial board members, as the case may be.
Thus, the Liga is the vehicle through which the
barangay participates in the enactment of
ordinances and formulation of policies at all the
legislative local levels higher than the
sangguniang barangay, at the same time serving
as the mechanism for the bottom-to-top
approach of development.
(2) When the respondent judge eventually appointed
the DILG as interim caretaker to manage and
administer the affairs of the Liga, she effectively
removed the management from the National Liga
Board and vested control of the Liga on the DILG.
Even a cursory glance at the DILGs prayer for
appointment as interim caretaker of the Liga "to
manage and administer the affairs of the Liga,
until such time that the new set of National Liga
officers shall have been duly elected and assumed
office" reveals that what the DILG wanted was to
take control over the Liga. Even if said
"caretakership" was contemplated to last for a
limited time, or only until a new set of officers
assume office, the fact remains that it was a
conferment of control in derogation of the
Constitution.
Like the local government units, the Liga ng mga
Barangay is not subject to control by the Chief
Executive or his alter ego.
B. Brief History of Local Governments in the
Philippines
CASES
MUNICIPALITY OF CATBALOGAN v. DIRECTOR OF
LANDS (1910)
It is of course to presumed, in accordance with the
provisions of the laws aforementioned, that the main
square of the pueblo of Catbalogan occupies nearly
the central part of its territory, and that the lot on
which were successively constructed the several
court-houses which the said pueblo has and, in
situated on one of the sides of the said square and
consequently in a central point and not outside the
town. It can not, however, on account of this
circumstances, be concluded that the said lot formed
a part of the commons, exido, or the pasturage lands
of the said pueblo, but consisted of land which
belonged to the pueblo and was legally acquired
through the distribution and adjudication of lots
made at the beginning of its foundation, as proved by
the laws hereinbefore quoted.
MONDANO v. SILVOSA (1955)
FACTS: Mayor was charged with rape and
concubinage. Executive Secretary indorsed the
complaint to the governor, who in turn issued an
order suspending the mayor from office. Order of
suspension is illegal and without legal effect.
HELD:
Under this constitutional provision the President
has been invested with the power of control of all
the executive departments, bureaus, or offices,
but not of all local governments over which he has
been granted only the power of general
supervision as may be provided by law. The
Department head as agent of the President has direct
control and supervision over all bureaus and offices
under his jurisdiction as provided for in section 79 (c)
of the Revised Administrative Code, but he does not
have the same control of local governments as that
exercised by him over bureaus and offices under his
jurisdiction.
HEBRON v. REYES (1958)
FACTS: The petitioner was elected Mayor.
Administrative charges were brought against him.
The President suspended the mayor and appointed
the vice mayor as acting Mayor.
HELD:
In the present case, however, the Provincial Board of
Cavite never had a to chance to investigate the
charges against petitioner herein. From the very
beginning, the office of the Executive assumed
authority to act on said charges. Worse still, such
assumption of authority was made under such
conditions as to give the impression that the
Provincial Governor and the Provincial Board were
banned from exercising said authority. Frankly, we
are unable to see, how the aforementioned
assumption of authority may be justified, either under
the power of "general supervision," or under the duty
to "take care that the laws be faithfully executed." As
held in Mondano vs. Silvosa, in line with settled
principles in administrative law, "supervision
means overseeing or the power or authority of an
officer to see that subordinate officers perform
their duties. If the latter fails or neglects to fulfill
them, the former may take such action or step as
prescribed by law to make them perform their
duties. Control, on the other hand, means the
power of an official to alter or modify or nullify or
set aside what a subordinate officer had done in
the performance of his duties and to substitute
the judgment of the former for that of the latter."
When the office of the Executive Department acted, in
the case at bar, in lieu, or in substitution, of the
Provincial Board of Cavite, the former sought,
therefore, to "control" the latter. What is more,
instead of compelling the same to comply with its
duties under sections 2188 to 2191 of the
Administrative Code, the former, in effect, restrained,
prevented or prohibited it from performing said
duties.
GANZON v. CA
FACTS:
A series of administrative complaints were filed
against the mayor and a member of tge sangguniang
panglungsod. The DILG Secretary preventively
suspended the petitioners after a finding of probable
cause.
HELD:
Autonomy does not, after all, contemplate making
mini-states out of local government units, as in the
federal governments of the United States of America
(or Brazil or Germany), although Jefferson is said to
have compared municipal corporations
euphemistically to "small republics." 26 Autonomy, in
the constitutional sense, is subject to the guiding star,
though not control, of the legislature, albeit the
legislative responsibility under the Constitution and
as the "supervision clause" itself suggest-is to wean
local government units from over-dependence on the
central government.
The petitioners are under the impression that the
Constitution has left the President mere supervisory
powers, which supposedly excludes the power of
investigation, and denied her control, which allegedly
embraces disciplinary authority. It is a mistaken
impression because legally, "supervision" is not
incompatible with disciplinary authority as this Court
has held,
"Control" has been defined as "the power of an officer
to alter or modify or nullify or set aside what a
subordinate officer had done in the performance of
his duties and to substitute the judgment of the
former for test of the latter." "Supervision" on the
other hand means "overseeing or the power or
authority of an officer to see that subordinate officers
perform their duties. As we held, however,
"investigating" is not inconsistent with
"overseeing", although it is a lesser power than
"altering."
Since local governments remain accountable to the
national authority, the latter may, by law, and in the
manner set forth therein, impose disciplinary action
against local officials. "Supervision" and
"investigation" are not inconsistent terms;
"investigation" does not signify "control" (which the
President does not have).
C. Nature and Status
1. DEFINITION OF MUNICIPAL
CORPORATIONS/LOCAL GOVERNMENT
Section 6. Authority to Create Local Government
Units. - A local government unit may be created,
divided, merged, abolished, or its boundaries
substantially altered either
(a) by law enacted by Congress in the case of a
province, city, municipality, or any other political
subdivision, or
(b) by ordinance passed by the sangguniang
panlalawigan or sangguniang panlungsod
concerned in the case of a barangay located
within its territorial jurisdiction, subject to such
limitations and requirements prescribed in this
Code
2. MUNICIPAL CORPORATIONS AS
JURIDICAL ENTITIES
NEW CIVIL CODE
Article 44. The following are juridical persons:
(1) The State and its political subdivisions;
(2) Other corporations, institutions and entities for
public interest or purpose, created by law; their
personality begins as soon as they have been
constituted according to law;

(3) Corporations, partnerships and associations for
private interest or purpose to which the law grants a
juridical personality, separate and distinct from that
of each shareholder, partner or member. (35a)
Article 45. Juridical persons mentioned in Nos. 1 and
2 of the preceding article are governed by the laws
creating or recognizing them.
Private corporations are regulated by laws of general
application on the subject.
Partnerships and associations for private interest or
purpose are governed by the provisions of this Code
concerning partnerships. (36 and 37a)
Article 46. Juridical persons may acquire and
possess property of all kinds, as well as incur
obligations and bring civil or criminal actions, in
conformity with the laws and regulations of their
organization. (38a)
Article 47. Upon the dissolution of corporations,
institutions and other entities for public interest or
purpose mentioned in No. 2 of article 44, their
property and other assets shall be disposed of in
pursuance of law or the charter creating them. If
nothing has been specified on this point, the property
and other assets shall be applied to similar purposes
for the benefit of the region, province, city or
municipality which during the existence of the
institution derived the principal benefits from the
same. (39a)
LGC
Section 15. Political and Corporate Nature of Local
Government Units. - Every local government unit
created or recognized under this Code is a body
politic and corporate endowed with powers to be
exercised by it in conformity with law. As such, it
shall exercise powers as a political subdivision of the
national government and as a corporate entity
representing the inhabitants of its territory.
CASES
VILLAS v. CITY OF MANILA (1911)
FACTS:
This case involves the liability of the present City of
Manila in the Philippine Islands for claims against the
City of Manila as it existed prior to the cession under
the Treaty of 1898
HELD:
While military occupation or territorial cession may
work a suspension of the governmental functions of
municipal corporations, such occupation or cession
does not result in their dissolution. While there is a
total abrogation of the former political relations of
inhabitants of ceded territory, and an abrogation of
laws in conflict with the political character of the
substituted sovereign, the great body of municipal
law regulating private and domestic rights continues
in force until abrogated or changed by the new ruler.
The legal entity of the City of Manila survived both its
military occupation by, and its cession to, the United
States, and, as in law, the present city, as the
successor of the former city, is entitled to the
property rights of its predecessor, it is also subject to
its liabilities. The cession in the Treaty of 1898 of all
the public property of Spain in the Philippine Islands
did not include property belonging to municipalities,
and the agreement against impairment of property
and private property rights in that treaty applied to
the property of municipalities and claims against
municipalities.
LIDASAN v. COMELEC (1967)
FACTS: RA 4790 created the municipality of
Dianaton. It included barrios which are within the
Municipality of Buldon, Provice of Cotabato.
Respondent argued that although the 12 barrios
should not have been included, insofar as the
remaining barrios are involved, the municipality
should still be created.
HELD: Municipal corporations perform twin
functions. Firstly. They serve as an instrumentality of
the State in carrying out the functions of government.
Secondly. They act as an agency of the community in
the administration of local affairs. It is in the latter
character that they are a separate entity acting for
their own purposes and not a subdivision of the State.
Consequently, several factors come to the fore in the
consideration of whether a group of barrios is
capable of maintaining itself as an independent
municipality. Amongst these are population, territory,
and income. It was apparently these same factors
which induced the writing out of House Bill 1247
creating the town of Dianaton. When the foregoing
bill was presented in Congress, unquestionably, the
totality of the twenty-one barrios not nine barrios
was in the mind of the proponent thereof. That this
is so, is plainly evident by the fact that the bill itself,
thereafter enacted into law, states that the seat of the
government is in Togaig, which is a barrio in the
municipality of Buldon in Cotabato.
REPUBLIC v. CITY OF DAVAO
FACTS: City of Davao filed a Certification of Non-
Coverage with the EMB for the construction of the
Davao City Artica Sports Dome. It was denied because
the City did not undergo EIA to secure and ACC.
Lower Court ruled that LGUs are not required to
comply with this requirement.

HELD: Section 15 of Republic Act 7160,[5] otherwise
known as the Local Government Code, defines a local
government unit as a body politic and corporate
endowed with powers to be exercised by it in
conformity with law. As such, it performs dual
functions, governmental and proprietary.
Governmental functions are those that concern the
health, safety and the advancement of the public
good or welfare as affecting the public generally.[6]
Proprietary functions are those that seek to obtain
special corporate benefits or earn pecuniary profit
and intended for private advantage and benefit.[7]
When exercising governmental powers and
performing governmental duties, an LGU is an agency
of the national government.[8] When engaged in
corporate activities, it acts as an agent of the
community in the administration of local affairs.[9]
Found in Section 16 of the Local Government Code is
the duty of the LGUs to promote the peoples right to
a balanced ecology.[10] Pursuant to this, an LGU, like
the City of Davao, can not claim exemption from the
coverage of PD 1586. As a body politic endowed with
governmental functions, an LGU has the duty to
ensure the quality of the environment, which is the
very same objective of PD 1586.
3. LOCAL GOVERNMENT UNITS
(a) BARANGAY
Section 384. Role of the Barangay. - As the basic
political unit, the barangay serves as the primary
planning and implementing unit of government
policies, plans, programs, projects, and activities in
the community, and as a forum wherein the collective
views of the people may be expressed, crystallized
and considered, and where disputes may be amicably
settled.
(b) MUNICIPALITY
Section 440. Role of the Municipality. - The
municipality, consisting of a group of barangays,
serves primarily as a general purpose government for
the coordination and delivery of basic, regular and
direct services and effective governance of the
inhabitants within its territorial jurisdiction.
(c) CITY
Section 448. Role of the City. - The city, consisting of
more urbanized and developed barangays. serves as a
general purpose government for the coordination and
delivery of basic, regular, and direct services and
effective governance of the inhabitants within its
territorial jurisdiction.
(d) PROVINCE
Section 459. Role of the Province. - The province,
composed of cluster of municipalities, or
municipalities and component cities, and as a political
and corporate unit of government, serves as dynamic
mechanism for developmental processes and
effective governance of local government units within
its territorial jurisdiction.
(e) AUTONOMOUS REGIONS
Section 526. Application of this Code to Local
Government Units in the Autonomous Regions. -
This Code shall apply to all provinces, cities,
municipalities and barangays in the autonomous
regions until such time as the regional government
concerned shall have enacted its own local
government code.
1987 CONSTITUTION
ARTICLE X
Section 15. There shall be created autonomous
regions in Muslim Mindanao and in the Cordilleras
consisting of provinces, cities, municipalities, and
geographical areas sharing common and distinctive
historical and cultural heritage, economic and social
structures, and other relevant characteristics within
the framework of this Constitution and the national
sovereignty as well as territorial integrity of the
Republic of the Philippines.
Section 16. The President shall exercise general
supervision over autonomous regions to ensure that
laws are faithfully executed.
Section 17. All powers, functions, and
responsibilities not granted by this Constitution or by
law to the autonomous regions shall be vested in the
National Government.
Section 18. The Congress shall enact an organic act
for each autonomous region with the assistance and
participation of the regional consultative commission
composed of representatives appointed by the
President from a list of nominees from multi-sectoral
bodies. The organic act shall define the basic
structure of government for the region consisting of
the executive department and legislative assembly,
both of which shall be elective and representative of
the constituent political units. The organic acts shall
likewise provide for special courts with personal,
family, and property law jurisdiction consistent with
the provisions of this Constitution and national laws.
The creation of the autonomous region shall be
effective when approved by majority of the votes cast
by the constituent units in a plebiscite called for the
purpose, provided that only provinces, cities, and
geographic areas voting favorably in such plebiscite
shall be included in the autonomous region.
Section 19. The first Congress elected under this
Constitution shall, within eighteen months from the
time of organization of both Houses, pass the organic
acts for the autonomous regions in Muslim Mindanao
and the Cordilleras.
Section 20. Within its territorial jurisdiction and
subject to the provisions of this Constitution and
national laws, the organic act of autonomous regions
shall provide for legislative powers over:
(1) Administrative organization;
(2) Creation of sources of revenues;
(3) Ancestral domain and natural resources;
(4) Personal, family, and property relations;
(5) Regional urban and rural planning
development;
(6) Economic, social, and tourism development;
(7) Educational policies;
(8) Preservation and development of the cultural
heritage; and
(9) Such other matters as may be authorized by
law for the promotion of the general welfare
of the people of the region.
Section 21. The preservation of peace and order
within the regions shall be the responsibility of the
local police agencies which shall be organized,
maintained, supervised, and utilized in accordance
with applicable laws. The defense and security of the
regions shall be the responsibility of the National
Government.
4. PROVISIONS FOR IMPLEMENTATION
AND TRANSITORY PROVISIONS (Secs.
521-533)
II. CONSTITUTIONAL AND LEGAL FRAMEWORK
A. 1987 CONSTITUTION
ARTICLE VII
Section 1. The executive power shall be vested in the
President of the Philippines.
Section 17. The President shall have control of all the
executive departments, bureaus, and offices. He shall
ensure that the laws be faithfully executed.
ARTICLE X
Section 1. The territorial and political subdivisions of
the Republic of the Philippines are the provinces,
cities, municipalities, and barangays. There shall be
autonomous regions in Muslim Mindanao and the
Cordilleras as hereinafter provided.
Section 2. The territorial and political subdivisions
shall enjoy local autonomy.
Section 3. 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.
Section 4. The President of the Philippines shall
exercise general supervision over local
governments. Provinces with respect to component
cities and municipalities, and cities and municipalities
with respect to component barangays, shall ensure
that the acts of their component units are within the
scope of their prescribed powers and functions.
Section 5. Each local government unit shall have the
power to create its own sources of revenues and to
levy taxes, fees and charges subject to such
guidelines and limitations as the Congress may
provide, consistent with the basic policy of local
autonomy. Such taxes, fees, and charges shall accrue
exclusively to the local governments.
Section 6. Local government units shall have a just
share, as determined by law, in the national taxes
which shall be automatically released to them.
Section 7. Local governments shall be entitled to an
equitable share in the proceeds of the utilization
and development of the national wealth within
their respective areas, in the manner provided by
law, including sharing the same with the inhabitants
by way of direct benefits.
Section 8. The term of office of elective local officials,
except barangay officials, which shall be
determined by law, shall be three years and no such
official shall serve for more than three consecutive
terms. Voluntary renunciation of the office for any
length of time shall not be considered as an
interruption in the continuity of his service for the full
term for which he was elected.
Section 9. Legislative bodies of local governments
shall have sectoral representation as may be
prescribed by law.
Section 10. No province, city, municipality, or
barangay may be created, divided, merged, abolished,
or its boundary substantially altered, except in
accordance with the criteria established in the
local government code and subject to approval by
a majority of the votes cast in a plebiscite in the
political units directly affected.

Section 11. The Congress may, by law, create special
metropolitan political subdivisions, subject to a
plebiscite as set forth in Section 10 hereof. The
component cities and municipalities shall retain their
basic autonomy and shall be entitled to their own
local executive and legislative assemblies. The
jurisdiction of the metropolitan authority that will
thereby be created shall be limited to basic
services requiring coordination.
Section 12. Cities that are highly urbanized, as
determined by law, and component cities whose
charters prohibit their voters from voting for
provincial elective officials, shall be independent of
the province. The voters of component cities within a
province, whose charters contain no such prohibition,
shall not be deprived of their right to vote for elective
provincial officials.
Section 13. Local government units may group
themselves, consolidate or coordinate their efforts,
services, and resources for purposes commonly
beneficial to them in accordance with law.
Section 14. The President shall provide for regional
development councils or other similar bodies
composed of local government officials, regional
heads of departments and other government offices,
and representatives from non-governmental
organizations within the regions for purposes of
administrative decentralization to strengthen the
autonomy of the units therein and to accelerate the
economic and social growth and development of the
units in the region.
ARTICLE XVIII
Section 9. A sub-province shall continue to exist and
operate until it is converted into a regular province or
until its component municipalities are reverted to the
mother province.
B. RA 7160: LOCAL GOVERNMENT CODE, as
amended (effectivity date: January 1,
1992)
1. EXTENT OF APPLICATION: provinces,
cities, municipalities, barangays, and
other political subdivisions
Section 4. Scope of Application. - This Code shall
apply to all provinces, cities, municipalities,
barangays, and other political subdivisions as may be
created by law, and, to the extent herein provided, to
officials, offices, or agencies of the national
government.
2. RULES OF INTERPRETATION
Section 5. 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 local
government unit shall be liberally interpreted in its
favor, and in case of doubt, any question thereon shall
be resolved in favor of devolution of powers and of the
lower local government unit. Any fair and reasonable
doubt as to the existence of the power shall be
interpreted in favor of the local government unit
concerned;
(b) In case of doubt, any tax ordinance or revenue
measure shall be construed strictly against the local
government unit enacting it, and liberally in favor of
the taxpayer. Any tax exemption, incentive or relief
granted by any local government unit pursuant to the
provisions of this Code shall be construed strictly
against the person claiming it.
(c) The general welfare provisions in this Code
shall be liberally interpreted to give more powers to
local government units in accelerating economic
development and upgrading the quality of life for the
people in the community;
(d) Rights and obligations existing on the date of
effectivity of this Code and arising out of contracts or
any other source of presentation involving a local
government unit shall be governed by the original
terms and conditions of said contracts or the law in
force at the time such rights were vested; and
(e) In the resolution of controversies arising under
this Code where no legal provision or
jurisprudence applies, resort may be had to the
customs and traditions in the place where the
controversies take place.
3. DECLARATION OF POLICY
Section 2. Declaration of Policy. -
(a) It is hereby declared the policy of the State that
the territorial and political subdivisions of the
State shall enjoy genuine and meaningful local
autonomy to enable them to attain their fullest
development as self-reliant communities and make
them more effective partners in the attainment of
national goals. Toward this end, the State shall
provide for a more responsive and accountable
local government structure instituted through a
system of decentralization whereby local government
units shall be given more powers, authority,
responsibilities, and resources. The process of
decentralization shall proceed from the national
government to the local government units.
(b) It is also the policy of the State to ensure the
accountability of local government units through recommendees nominated by the Governor. If none is
the institution of effective mechanisms of recall, qualified, he must return the list of nominees to the
initiative and referendum. Governor explaining why no one meets the legal
requirements and ask for new recommendees who
(c) It is likewise the policy of the State to require all have the necessary eligibilities and qualifications
national agencies and offices to conduct periodic
consultations with appropriate local government PIMENTEL v. AGUIRRE (2000)
units, nongovernmental and people's organizations, FACTS: AO 372, an economic measure, sought to
and other concerned sectors of the community before withhold 10% of the LGUs IRA pending evaluation
any project or program is implemented in their and assessment of the DBM.
respective jurisdictions
HELD:
(a) Principle of Devolution Decentralization simply means the devolution of
Section 17. Basic Services and Facilities. national administration, not power, to local
governments. Local officials remain accountable to
(e) National agencies or offices concerned shall the central government as the law may provide.
devolve to local government units the DECENTRALIZATION DECENTRALIZATION
responsibility for the provision of basic services OF ADMINISTRATION OF POWER
and facilities enumerated in this Section within six - central government - involves an abdication
(6) months after the effectivity of this Code. delegates of political power in
administrative powers the favor of local
(i) The devolution contemplated in this Code shall to political government units
include the transfer to local government units of subdivisions in order declared to be
the records, equipment, and other assets and to broaden the base of autonomous.
personnel of national agencies and offices government power and - the autonomous
corresponding to the devolved powers, functions, and in the process to make government is free to
responsibilities. local governments chart its own destiny
'more responsive and and shape its future
(b) Local Autonomy and National Accountability accountable with minimum
CASES - At the same time, it intervention from
SAN JUAN v. CSC (1991) relieves the central central authorities.
FACTS: Due to a vacancy a mayor assigned an acting government of the
PBO. Mayor also indorsed the appointment of the burden of managing
acting PBO asserting its authority to recommend a local affairs and
person to the position. The DBM assigned the enables it to
respondent instead saying that he is the most concentrate on
qualified and that the authority of the mayor to national concerns.
recommend is merely directory.

HELD: The 14 sections in Article X on Local
Government not only reiterate earlier doctrines but
give in greater detail the provisions making local
autonomy more meaningful.
When the Civil Service Commission interpreted the
recommending power of the Provincial Governor as
purely directory, it went against the letter and spirit
of the constitutional provisions on local autonomy. If
the DBM Secretary jealously hoards the entirety of
budgetary powers and ignores the right of local
governments to develop self-reliance and
resoluteness in the handling of their own funds, the
goal of meaningful local autonomy is frustrated and
set back.
The right given by Local Budget Circular No. 31 is
ultra vires and is, accordingly, set aside. The DBM
may appoint only from the list of qualified
Under existing law, local government units, in
addition to having administrative autonomy in the
exercise of their functions, enjoy fiscal autonomy as
well. Local fiscal autonomy does not however rule out
any manner of national government intervention by
way of supervision, in order to ensure that local
programs, fiscal and otherwise, are consistent with
national goals. However, under the Constitution, the
formulation and the implementation of such policies
and programs are subject to "consultations with the
appropriate public agencies, various private sectors,
and local government units." The President cannot do
so unilaterally.
Section 4 of AO 372 cannot, however, be upheld. A
basic feature of local fiscal autonomy is the automatic
release of the shares of LGUs in the national internal
revenue. This is mandated by no less than the
Constitution.28 The Local Government Code29
specifies further that the release shall be made
directly to the LGU concerned within five (5) days
after every quarter of the year and "shall not be
subject to any lien or holdback that may be imposed
by the national government for whatever purpose."30
As a rule, the term "shall" is a word of command that
must be given a compulsory meaning
TAN v. COMELEC (1986)
FACTS: BP 885 was passed creating Negros Del
Norte. Petitioners are questioning the validity of the
plebiscite alleging that only including inhabitants of
Negros Del Norte and excluding the rest of the
Province of Negros Occidental was improper,
HELD: Aside from the simpler factual issue relative to
the land area of the new province of Negros del Norte,
the more significant and pivotal issue in the present
case revolves around in the interpretation and
application in the case at bar of Article XI, Section 3 of
the Constitution.
It can be plainly seen that the aforecited
constitutional provision makes it imperative that
there be first obtained "the approval of a majority of
votes in the plebiscite in the unit or units affected"
whenever a province is created, divided or merged
and there is substantial alteration of the boundaries.
It is thus inescapable to conclude that the boundaries
of the existing province of Negros Occidental would
necessarily be substantially altered by the division of
its existing boundaries in order that there can be
created the proposed new province of Negros del
Norte. Plain and simple logic will demonstrate than
that two political units would be affected. The first
would be the parent province of Negros Occidental
because its boundaries would be substantially
altered. The other affected entity would be composed
of those in the area subtracted from the mother
province to constitute the proposed province of
Negros del Norte.
No amount of rhetorical flourishes can justify
exclusion of the parent province in the plebiscite
because of an alleged intent on the part of the authors
and implementors of the challenged statute to carry
out what is claimed to be a mandate to guarantee and
promote autonomy of local government units.
TAN v. PERENA (2005)
FACTS: PD 449 provided that there must only be one
cockpit operated within a municipality. After RA 7160
came into effect, the SB of Daanbantayan enacted an
ordinance which allowed the operation of 3 cockpits
within the municipality.
HELD: Perhaps more essential than the fact that the
two controverted provisions are not inconsistent
when put together, the Court recognizes that Section
5(d) of the Cockfighting Law arises from a valid
exercise of police power by the national government.
Of course, local governments are similarly
empowered under Section 16 of the Local
Government Code. The national government ought to
be attuned to the sensitivities of devolution and strive
to be sparing in usurping the prerogatives of local
governments to regulate the general welfare of their
constituents.
We do not doubt, however, the ability of the national
government to implement police power measures
that affect the subjects of municipal government,
especially if the subject of regulation is a condition of
universal character irrespective of territorial
jurisdictions. Cockfighting is one such condition.
BATANGAS CATV v. CA (2004)
FACTS: SP Resolution granted to petitioner the
permit to install and operate cable TV. However, one
of the stipulations provided that any increase in the
rates shall be subject to the approval of the SP.
HELD: The general welfare clause is the delegation in
statutory form of the police power of the State to
LGUs.28 Through this, LGUs may prescribe
regulations to protect the lives, health, and property
of their constituents and maintain peace and order
within their respective territorial jurisdictions.
Like any other enterprise, CATV operation maybe
regulated by LGUs under the general welfare clause.
This is primarily because the CATV system commits
the indiscretion of crossing public properties. But,
while we recognize the LGUs power under the
general welfare clause, we cannot sustain Resolution
No. 210. We are convinced that respondents strayed
from the well recognized limits of its power. The
flaws in Resolution No. 210 are: (1) it violates the
mandate of existing laws and (2) it violates the States
deregulation policy over the CATV industry.
The apparent defect in Resolution No. 210 is that it
contravenes E.O. No. 205 and E.O. No. 436 insofar as it
permits respondent Sangguniang Panlungsod to
usurp a power exclusively vested in the NTC, i.e., the
power to fix the subscriber rates charged by CATV
operators. As earlier discussed, the fixing of
subscriber rates is definitely one of the matters
within the NTCs exclusive domain. Where there is no
express power in the charter of a municipality
authorizing it to adopt ordinances regulating certain
matters which are specifically covered by a general
statute, a municipal ordinance, insofar as it attempts
to regulate the subject which is completely covered
by a general statute of the legislature, may be
rendered invalid.
By and large, however, the national legislature is still
the principal of the local government units, which
cannot defy its will or modify or violate it
(c) Local Autonomy and Decision-making
CASES
PROVINCE OF RIZAL v. EXEC. SEC (2005)
FACTS: Garbage crisis in Metro Manila. There was a
MOA between MMDA and the DENR to withdraw
certain parts of Marikina Watershed from public use.
Instead the said land will be used for open dumpsites.
The LGs posted their opposition to the project.
HELD: The circumstances under which Proclamation
No. 635 was passed also violates Rep. Act No. 7160, or
the Local Government Code.
Section 2(c) of the said law declares that it is the
policy of the state " to require all national agencies
and offices to conduct periodic consultations with
appropriate local government units, non-
governmental and people's organizations, and other
concerned sectors of the community before any
project or program is implemented in their respective
jurisdictions." Likewise, Section 27 requires prior
consultations before a program shall be implemented
by government authorities and the prior approval of
the sanggunian is obtained.
Section 27 of the Code should be read in conjunction
with Section 26 thereof. Section 26 reads:
SECTION 26. Duty of National Government Agencies
in the Maintenance of Ecological Balance. It shall be
the duty of every national agency or government-
owned or controlled corporation authorizing or
involved in the planning and implementation of any
project or program that may cause pollution, climatic
change, depletion of non-renewable resources, loss of
crop land, range-land, or forest cover, and extinction
of animal or plant species, to consult with the local
government units, nongovernmental
organizations, and other sectors concerned and
explain the goals and objectives of the project or
program, its impact upon the people and the
community in terms of environmental or ecological
balance, and the measures that will be undertaken to
prevent or minimize the adverse effects thereof.
Thus, the projects and programs mentioned in
Section 27 should be interpreted to mean projects
and programs whose effects are among those
enumerated in Section 26 and 27, to wit, those that:
(1) may cause pollution; (2) may bring about climatic
change; (3) may cause the depletion of non-
renewable resources; (4) may result in loss of crop
land, range-land, or forest cover; (5) may eradicate
certain animal or plant species from the face of the
planet; and (6) other projects or programs that may
call for the eviction of a particular group of people
residing in the locality where these will be
implemented. Obviously, none of these effects will be
produced by the introduction of lotto in the province
of Laguna. (emphasis supplied)
Under the Local Government Code, therefore, two
requisites must be met before a national project
that affects the environmental and ecological
balance of local communities can be
implemented: prior consultation with the affected
local communities, and prior approval of the
project by the appropriate sanggunian. Absent
either of these mandatory requirements, the projects
implementation is illegal.
VELOSO v. COA (2011)
FACTS: The SP of Manila enacted an ordinance
authorizing the grant of Exemplary Service Award for
those who have been elected for 3 consecutive terms
for the same position. COA however disallowed these
disbursements alleging that they were tantamount to
double compensation.
HELD: The Court had therefore previously upheld the
authority of the COA to disapprove payments which it
finds excessive and disadvantageous to the
Government; to determine the meaning of "public
bidding" and when there is failure in the bidding; to
disallow expenditures which it finds unnecessary
according to its rules even if disallowance will mean
discontinuance of foreign aid; to disallow a contract
even after it has been executed and goods have been
delivered. Thus, LGUs, though granted local fiscal
autonomy, are still within the audit jurisdiction of the
COA.
PROVINCE OF BATANGAS v. ROMULO
Supra
ACCORD v. EXECUTIVE SECRETARY (2005)
FACTS: The President approved the GAA which
provided for an unprogrammed fund which shall be
used to fund the IRA but which shall only be released
when the original revenue targets submitted by the
President to Congress can be realized. The main
argument of the respondents here was that the
constitutional mandate for automatic release of the
IRA prohibits the executive but not the legislative.
HELD: As the Constitution lays upon the executive the
duty to automatically release the just share of local
governments in the national taxes, so it enjoins the
legislature not to pass laws that might prevent the
executive from performing this duty. To hold that the
executive branch may disregard constitutional
provisions which define its duties, provided it has the
backing of statute, is virtually to make the
Constitution amendable by statute - a proposition
which is patently absurd.
There is no substantial difference between the
withholding of IRA involved in Pimentel and that in
the present case, except that here it is the legislature,
not the executive, which has authorized the
withholding of the IRA. The distinction
notwithstanding, the ruling in Pimentel remains
applicable. As explained above, Article X, Section 6 of
the Constitution - the same provision relied upon in
Pimentel - enjoins both the legislative and executive
branches of government. Hence, as in Pimentel, under
the same constitutional provision, the legislative is
barred from withholding the release of the IRA.
III. CREATION AND ABOLITION OF MUNICIPAL
CORPORATIONS
A. REQUISITES FOR THE CREATION OF LGU
Section 6. Authority to Create Local Government
Units. - A local government unit may be created,
divided, merged, abolished, or its boundaries
substantially altered either
(a) by law enacted by Congress in the case of a
province, city, municipality, or any other
political subdivision, or
(b) by ordinance passed by the sangguniang
panlalawigan or sangguniang panlungsod
concerned in the case of a barangay located
within its territorial jurisdiction, subject to
such limitations and requirements
prescribed in this Code.
Section 385. Manner of Creation. - A barangay may
be created, divided, merged, abolished, or its
boundary substantially altered,
(1) by law or by an ordinance of the
sangguniang panlalawigan or panlungsod,
(2) subject to approval by a majority of the
votes cast in a plebiscite to be conducted by
the COMELEC in the local government unit
or units directly affected within such
period of time as may be determined by the
law or ordinance creating said barangay. In
the case of the creation of barangays by the
sangguniang panlalawigan, the
recommendation of the sangguniang bayan
concerned shall be necessary.
Section 441. Manner of Creation. - A municipality
may be created, divided, merged, abolished, or its
boundary substantially altered only by an Act of
Congress and subject to the approval by a
majority of the votes cast in a plebiscite to be
conducted by the COMELEC in the local government
unit or units directly affected. Except as may
otherwise be provided in the said Act, the plebiscite
shall be held within one hundred twenty (120) days
from the date of its effectivity.
Section 449. Manner of Creation. - A city may be
created, divided, merged, abolished, or its boundary
substantially altered, only by an Act of Congress,
and subject to approval by a majority of the votes
cast in a plebiscite to be conducted by the COMELEC
in the local government unit or units directly affected.
Except as may otherwise be provided in such Act. the
plebiscite shall be held within one hundred twenty
(120) days from the date of its effectivity.
Section 460. Manner of Creation. - A province may
be created, divided, merged, abolished, or its
boundary substantially altered, only by an Act of
Congress and subject to approval by a majority of
the votes cast in a plebiscite to be conducted by the
COMELEC in the local government unit or units
directly affected. The plebiscite shall be held within
one hundred twenty (120) days from the date of
effectivity of said Act, unless otherwise provided
therein.
B. FACTORS TO CONSIDER: POPULATION
(NSO), INCOME (DOF), AND LAND AREA
(DENR)
Section 7. Creation and Conversion. As a general
rule, the creation of a local government unit or its
conversion from one level to another level shall be
based on verifiable indicators of viability and
projected capacity to provide services, to wit:
(a) Income. It must be sufficient, based on
acceptable standards, to provide for all
essential government facilities and services
and special functions commensurate with the
size of its population, as expected of the local
government unit concerned;
(b) Population. It shall be determined as the
total number of inhabitants within the
territorial jurisdiction of the local
government unit concerned; and
(c) Land Area. It must be contiguous, unless
it comprises two or more islands or is
separated by a local government unit
independent of the others; properly
identified by metes and bounds with
technical descriptions; and sufficient to
provide for such basic services and facilities
to meet the requirements of its populace.
Compliance with the foregoing indicators shall be
attested to by the Department of Finance (DOF),
the National Statistics Office (NSO), and the Lands
Management Bureau (LMB) of the Department of
Environment and Natural Resources (DENR).
BARANGAY
Section 386. Requisites for Creation. -
(a) A barangay may be created out of a contiguous
territory which has a population of at least two
thousand (2,000) inhabitants as certified by
the National Statistics Office
EXCEPTIONS: shall have a certified population of
at least five thousand (5,000) inhabitants
(1) in cities and municipalities within Metro
Manila and other metropolitan political
subdivisions or
(2) in highly urbanized cities where such
territory
Provided, That the creation thereof shall not
reduce the population of the original barangay or
barangays to less than the minimum requirement
prescribed herein.
To enhance the delivery of basic services in the
indigenous cultural communities, barangays
may be created in such communities by an Act
of Congress, notwithstanding the above
requirement.
(b) The territorial jurisdiction of the new barangay
shall be properly identified by metes and bounds or
by more or less permanent natural boundaries. The
territory need not be contiguous if it comprises two
(2) or more islands.
(c) X X X
MUNICIPALITY
Section 442. Requisites for Creation. -
(a) A municipality may be created if
- it has an average annual income, as
certified by the provincial treasurer, of at
least Two million five hundred thousand
pesos (P2,500,000.00) for the last two (2)
consecutive years based on the 1991
constant prices;
- a population of at least twenty-five
thousand (25,000) inhabitants as certified
by the National Statistics Office; and
- a contiguous territory of at least fifty (50)
square kilometers as certified by the Lands
Management Bureau: Provided, That the
creation thereof shall not reduce the land
area, population or income of the original
municipality or municipalities at the time of
said creation to less than the minimum
requirements prescribed herein.
(b) The territorial jurisdiction of a newly-created
municipality shall be properly identified by metes
and bounds. The requirement on land area shall
not apply where the municipality proposed to be
created is composed of one (1) or more islands.
The territory need not be contiguous if it comprises
two (2) or more islands.
(c) The average annual income shall include the
income accruing to the general fund of the
municipality concerned, exclusive of special funds,
transfers and non-recurring income.
(d) Municipalities existing as of the date of the
effectivity of this Code shall continue to exist and
operate as such. Existing municipal districts
organized pursuant to presidential issuances or
executive orders and which have their respective set
of elective municipal officials holding office at the
time of the effectivity of this Code shall henceforth be
considered as regular municipalities.
CITY
Component City (RA 9009)
Sec. 450 of Republic Act No. 7160, otherwise
known as the Local Government Code of 1991, is
hereby amended to read as follows:
"Sec. 450. Requisites for Creation. (a) A
municipality or a cluster of barangays may be
converted into a component city if it has a locally
generated average annual income, as certified by
the Department of Finance, of at least One hundred
million pesos (P100,000,000.00) for the last two
(2) consecutive years based on 2000 constant prices,
and if it has either of the following requisites:
(1) a contiguous territory of at least one
hundred (100) square kilometers, as
certified by the Land Management Bureau; or
(2) a population of not less than one hundred
fifty thousand (150,000) inhabitants, as
certified by the National Statistics Office.
The creation thereof shall not reduce the land area,
population and income of the original unit or units at
the time of said creation to less than the minimum
requirements prescribed herein.
(b) The territorial jurisdiction of a newly-created
city shall be properly identified by metes and bounds.
The requirement on land area shall not apply
where the city proposed to be created is
composed of one (1) or more islands. The territory
need not be contiguous if it comprises two (2) or
more islands.
(c) The average annual income shall include the
income accruing to the general fund, exclusive of
special funds, transfers, and non-recurring income."
Section 451. Cities, Classified. - A city may either be
(a) component or
(b) highly urbanized:
(c) Independent cities are component cities whose
charters prohibit their voters from voting for
provincial elective officials. Independent
component cities shall be independent of the
province.
HIGLY URBANIZED CITIES
Section 452. Highly Urbanized Cities.
(a) Cities with a minimum population of two
hundred thousand (200,000) inhabitants as
certified by the National Statistics Office, and
- within the latest annual income of at least
Fifty Million Pesos (P50,000,000.00) based on
1991 constant prices, as certified by the city
treasurer, shall be classified as highly urbanized
cities.
(b) Cities which do not meet above requirements
shall be considered component cities of the
province in which they are geographically located. If a
component city is located within the boundaries of
two (2) or more provinces, such city shall be
considered a component of the province of which it
used to be a municipality.
(c) Qualified voters of highly urbanized cities shall
remain excluded from voting for elective
provincial officials.
- Unless otherwise provided in the Constitution or
this Code, qualified voters of independent
component cities shall be governed by their
respective charters, as amended, on the
participation of voters in provincial elections.
- Qualified voters of cities who acquired the right
to vote for elective provincial officials prior to the
classification of said cities as highly-urbanized
after the ratification of the Constitution and
before the effectivity of this Code, shall continue
to exercise such right.
PROVINCE
Section 461. Requisites for Creation.
(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
(P20,000,000.00) based on 1991 constant prices and
either of the following requisites:
(1) a contiguous territory of at least two
thousand (2,000) square kilometers, as
certified by the Lands Management Bureau; or
(2) a population of not less than two hundred fifty
thousand (250,000) inhabitants as certified by
the National Statistics Office:
Provided, That, the creation thereof shall not reduce
the land area, population, and income of the original
unit or units at the time of said creation to less than
the minimum requirements prescribed herein.
(b) The territory need not be contiguous if it
comprise two (2) or more islands or is separated
by a chartered city or cities which do not contribute
to the income of the province.
(c) The average annual income shall include the
income accruing to the general fund, exclusive of
special funds, trust funds, transfers and non-
recurring income.
1. POPULATION REQUIREMENT
a. Barangay (Sec. 386)
- GR: 2000
- E: barangays in MM and Highly 5000
Urbanized Areas
b. Municipalities (Sec. 442) 25, 000
c. Cities
- COMPONENT (RA 9009) 150, 000
- HIGHLY URBANIZED (Sec. 452) 200, 000
d. Province (Sec. 461) 250, 000
CASES
ALDABA v. COMELEC
FACTS: RA created a legislative district for Malolos,
Bulacan. The population of Malolos City on May 1,
2009 is a contested fact but there is no dispute that
HB 3693 relied on an undated certification issued by
a Regional Director of the National Statistics Office
(NSO) that the projected population of the
Municipality of Malolos will be 254,030 by the year
2010 using the population growth rate of 3.78
between 1995 to 2000. The petitioners seek that the
law be declared unconstitutional for failing to meet
the population requirement.
HELD: The Certification of Regional Director Miranda,
which is based on demographic projections, is
without legal effect because Regional Director
Miranda has no basis and no authority to issue the
Certification. In addition, intercensal demographic
projections cannot be made for the entire year. In
any event, a city whose population has increased to
250,000 is entitled to have a legislative district only in
the "immediately following election" after the
attainment of the 250,000 population. Certifications
based on demographic projections can be issued only
by the NSO Administrator or his designated certifying paragraph (b). Thus, if the province to be created is
officer. composed of islands, like the one in this case,
then, its territory need not be contiguous and
2. INCOME need not have an area of at least 2,000 sq km. This
a. Barangay (Sec. 386) is because, as the law is worded, contiguity and land
- GR: None area are not two distinct and separate requirements.
- E: barangays in MM and Highly None the law, by providing in paragraph (b) of Section 461
Urbanized Areas that the territory need not be contiguous if the
b. Municipalities (Sec. 442) Php 2.5M same is comprised of islands, must be interpreted
c. Cities as intended to exempt such territory from the
land area component requirement of 2,000 sq km.
- COMPONENT (RA 9009) Php 100M
Because the two component requirements are
- HIGHLY URBANIZED (Sec. 452) Php 50M
inseparable, the elimination of contiguity from the
d. Province (Sec. 461) Php 20M
territorial criterion has the effect of a coexistent
eradication of the land area component. The territory
3. LAND AREA of the province of Dinagat Islands, therefore,
a. Barangay (Sec. 386) comprising the major islands of Dinagat and Hibuson,
- GR: NONE and approximately 47 islets, need not be contiguous
- E: barangays in MM and NONE and need not have an area of at least 2,000 sq km
Highly Urbanized Areas following Section 461 of the LGC.
b. Municipalities (Sec. 442) 50 sq.m.
c. Cities With the formulation of the LGC-IRR, which
- COMPONENT (RA 9009) 100 sq. m. amounted to both executive and legislative
- HIGHLY URBANIZED (Sec. 100 sq. m. construction of the LGC, the many details to
452) implement the LGC had already been put in place,
d. Province (Sec. 461) 2, 000 sq. m. which Congress understood to be impractical and not
E: Navarro v. Ermita in case of The territory too urgent to immediately translate into direct
province made of islands need not be amendments to the LGC. But Congress, recognizing
contiguous the capacity and viability of Dinagat to become a full-
and it need fledged province, enacted R.A. No. 9355, following the
not meet the exemption from the land area requirement, which,
2000 sq. m. with respect to the creation of provinces, can only be
requirement. found as an express provision in the LGC-IRR. In
effect, pursuant to its plenary legislative powers,
NAVARRO v. ERMITA Congress breathed flesh and blood into that
FACTS: RA 9355 created the Province of Dinagat. At exemption in Article 9(2) of the LGC-IRR and
the time it was enacted, Dinagat had a population of transformed it into law when it enacted R.A. No. 9355
less than 250, 000. The land area also only measures creating the Island Province of Dinagat. The acts of
800 sq. m. The petitioners seeks to have the law be Congress, in passing RA 9355, definitively show the
declared invalid for failure to meet the requisites. clear legislative intent to incorporate into the LGC
that exemption from the land area requirement
HELD: Economic viablity is the primordial
consideration in the constitution of provinces, not C. CREATION OF A MUNICIPAL
population or territory. CORPORATION IS A LEGISLATIVE MATTER
Section 14. Beginning of Corporate Existence. -
IRR is valid. The stipulation in paragraph (b), When a new local government unit is created, its
however, qualifies not merely the word contiguous corporate existence shall commence upon the
in paragraph (a)(i) in the same provision, but rather election and qualification of its chief executive and a
the entirety of the latter paragraph. Paragraph (a)(i) majority of the members of its sanggunian, unless
of the provision, for ready reference, reads: some other time is fixed therefor by the law or
(i) a contiguous territory of at least two ordinance creating it.
thousand (2,000) square kilometers, as
certified by the Lands Management 1987 Constitution
Bureau[.] Article VI
Section 5. The House of Representatives shall be
This whole paragraph on contiguity and land area, I composed of not more than two hundred and fifty
repeat for emphasis, is the one being referred to in members, unless otherwise fixed by law, who shall
the exemption from the territorial requirement in be elected from legislative districts apportioned
among the provinces, cities, and the Metropolitan
Manila area in accordance with the number of their
respective inhabitants, and on the basis of a uniform
and progressive ratio, and those who, as provided by
law, shall be elected through a party-list system of
registered national, regional, and sectoral parties or
organizations.
XXX
Each legislative district shall comprise, as far as
practicable, contiguous, compact, and adjacent
territory. Each city with a population of at least
two hundred fifty thousand, or each province,
shall have at least one representative.
Within three years following the return of every
census, the Congress shall make a AQUINO III AND ROBREDO v. COMELEC (2010)
reapportionment of legislative districts based on
the standards provided in this section.
CASES
LEAGUE OF CITIES OF THE PHILIPPINES v.
COMELEC (2011)
FACTS: RA 9009 was enacted which amended the
income requirement for a municipality to be
converted into a city. It now required an income of
P100M. The respondent cities had pending bills at
that time for their conversion into a city. Thereafter,
cityhood bills were passed which contained an
exemption clause which provided that the
requirements under RA 9009 shall not apply to these
cities.
HELD: Congress intended that those with pending
cityhood bills during the 11th Congress would not be
covered by the new and higher income requirement
of P100M imposed by RA 9009. When the LGC was
amended by RA 9009, the amendment carried with it
both the letter and the intent of the law, and such
were incorporated in the LGC by which the
compliance of the Cityhood Laws was gauged.
Congress saw the wisdom of exempting respondent
municipalities from complying with the higher
income requirement imposed by RA 9009. These
municipalities have proven themselves viable and
capable to become component cities of their
respective provinces. They were centers of trade and
commerce, points of convergence of transportation,
rich havens of agricultural, mineral, and other natural
resources, and flourishing tourism spots.
LGC is a creation of Congress through its law-making
powers. Congress has the power to alter or modify it
as it did when it enacted RA 9009. Such power of
amendment of laws was again exercised when
Congress enacted the Cityhood Laws. When Congress
enacted the LGC in 1991, it provided for quantifiable
indicators of economic viability for the creation of
local government unitsincome, population, and
land area. Congress deemed it fit to modify the
income requirement with respect to the conversion of
municipalities into component cities when it enacted
RA 9009, imposing an amount of P100M, computed
only from locally-generated sources. However,
Congress deemed it wiser to exempt respondent
municipalities from such a belatedly imposed
modified income requirement in order to uphold its
higher calling of putting flesh and blood to the very
intent and thrust of the LGC, which is countryside
development and autonomy, especially accounting for
these municipalities as engines for economic growth
in their respective provinces.
FACTS: Petitioners seek the nullification as
unconstitutional of Republic Act No. 9716, entitled
"An Act Reapportioning the Composition of the First
(1st) and Second (2nd) Legislative Districts in the
Province of Camarines Sur and Thereby Creating a
New Legislative District From Such
Reapportionment." Petitioners allege that the
reapportionment introduced by Republic Act No.
9716, runs afoul of the explicit constitutional
standard that requires a minimum population of two
hundred fifty thousand (250,000) for the creation of a
legislative district. the reconfiguration by Republic
Act No. 9716 of the first and second districts of
Camarines Sur is unconstitutional, because the
proposed first district will end up with a population
of less than 250,000 or only 176,383.
HELD: The provision draws a plain and clear
distinction between the entitlement of a city to a
district on one hand, and the entitlement of a
province to a district on the other. For while a
province is entitled to at least a representative, with
nothing mentioned about population, a city must first
meet a population minimum of 250,000 in order to be
similarly entitled.
The use by the subject provision of a comma to
separate the phrase "each city with a population of at
least two hundred fifty thousand" from the phrase "or
each province" point to no other conclusion than that
the 250,000 minimum population is only required for
a city, but not for a province.
Plainly read, Section 5(3) of the Constitution requires
a 250,000 minimum population only for a city to be
entitled to a representative, but not so for a province.
D. CREATION OF AUTONOMOUS REGIONAL
BODIES
 GR: An Organic Act creates autonomous
regional bodies.
Section 1. The territorial and political subdivisions of
the Republic of the Philippines are the provinces,
cities, municipalities, and barangays. There shall be
autonomous regions in Muslim Mindanao and the
Cordilleras as hereinafter provided.
Section 4. The President of the Philippines shall
exercise general supervision over local governments.
Provinces with respect to component cities and
municipalities, and cities and municipalities with
respect to component barangays, shall ensure that
the acts of their component units are within the scope
of their prescribed powers and functions.
Section 13. Local government units may group
themselves, consolidate or coordinate their efforts,
services, and resources for purposes commonly
beneficial to them in accordance with law.
Section 14. The President shall provide for regional
development councils or other similar bodies
composed of local government officials, regional
heads of departments and other government offices,
and representatives from non-governmental
organizations within the regions for purposes of
administrative decentralization to strengthen the
autonomy of the units therein and to accelerate the
economic and social growth and development of the
units in the region.
EXAMPLES:
(a) MMDA (RA 7924)
Powers of Metropolitan Political and
Administrative Body
1987 CONSTITUTION
ARTICLE X
Section 11. The Congress may, by law, create special
metropolitan political subdivisions, subject to a
plebiscite as set forth in Section 10 hereof. The
component cities and municipalities shall retain their
basic autonomy and shall be entitled to their own
local executive and legislative assemblies. The
jurisdiction of the metropolitan authority that will
thereby be created shall be limited to basic services
requiring coordination.
RA 7924
Sec. 5. Functions and powers of the Metro Manila
Development Authority. - The MMDA shall:
(1) Formulate, coordinate and regulate the
implementation of medium and long term plans
and programs for the delivery of metro-wide
services, land use and physical development
within Metropolitan Manila, consistent with
national development objectives and priorities.
(2) Prepare, coordinate and regulate the
implementation of medium term investment
programs tor metro-wide services which shall
indicate sources and uses of funds for priority
programs and projects, which shall include the
packaging of projects and presentation to funding
institutions;
(3) Undertake and manage on its own metro-wide
programs and projects for the delivery of
specific services under its jurisdiction subject
to the approval of the Council. For this purpose,
MMDA can create appropriate project
management offices;
(4) Coordinate and monitor the implementation of
such plans, programs and projects in Metro
Manila; identify bottlenecks and adopt solutions
to problems of implementation; and
(5) The MMDA shall set the policies concerning
traffic in Metropolitan Manila, and coordinate
and regulate the implementation of all
programs and projects concerning traffic
management specifically pertaining to
enforcement, engineering and education.
Upon request, it shall be extended assistance and
cooperation, including but not limited to,
assignment of personnel, by all other government
agencies and offices concerned.
(6) Install and administer a single ticketing system,
fix, impose and collect fines and penalties for
all kinds of violations of traffic rules and
regulations, whether moving or non-moving in
nature, and confiscate and suspend or revoke
driver's licenses in the enforcement of such
traffic laws and regulations, the provisions of
RA 4136 and PD 1605 to the contrary
notwithstanding. For this purpose, the Authority
shall enforce all traffic laws and regulations in
Metro Manila, through its traffic operation
center, and may deputized members of the
PNP, traffic enforcers of local government
units, duly licensed security guards or members
of non-governmental organizations to whom may
be delegated certain authority, subject to such
conditions and requirements as the Authority
may impose.
(7) Perform other related functions required to
achieve the objectives of the MMDA, including the
undertaking of delivery of basic services to the
local government units when deemed necessary,
subject to prior coordination with and consent of
the local government unit concerned.
CASES
MMDA v. BAVA (2000)
FACTS: MMDA wanted BAVA to open Neptune Street
to traffic. BAVA is questioning the authority of MMDA
in ordering that the street be open to the public.
HELD: It will be noted that the powers of the MMDA
are limited to the following acts: formulation,
coordination, regulation, implementation,
preparation, management, monitoring, setting of
policies, installation of a system and administration.
There is no syllable in R. A. No. 7924 that grants
the MMDA police power, let alone legislative
power. Even the Metro Manila Council has not been
delegated any legislative power. Unlike the legislative
bodies of the local government units, there is no
provision in R. A. No. 7924 that empowers the
MMDA or its Council to "enact ordinances,
approve resolutions and appropriate funds for
the general welfare" of the inhabitants of Metro
Manila. The MMDA is, as termed in the charter itself,
a "development authority."[30] It is an agency created
for the purpose of laying down policies and
coordinating with the various national government
agencies, peoples organizations, non-governmental
organizations and the private sector for the efficient
and expeditious delivery of basic services in the vast
metropolitan area. All its functions are administrative
in nature and these are actually summed up in the
charter itself.
It is thus beyond doubt that the MMDA is not a local
government unit or a public corporation endowed
with legislative power. It is not even a "special
metropolitan political subdivision" as
contemplated in Section 11, Article X of the
Constitution. The creation of a "special metropolitan
political subdivision" requires the approval by a
majority of the votes cast in a plebiscite in the
political units directly affected.[56] R. A. No. 7924
was not submitted to the inhabitants of Metro Manila
in a plebiscite. The Chairman of the MMDA is not an
official elected by the people, but appointed by the
President with the rank and privileges of a cabinet
member. In fact, part of his function is to perform
such other duties as may be assigned to him by the
President,[57] whereas in local government units, the
President merely exercises supervisory authority.
This emphasizes the administrative character of the
MMDA.
MMDA v. GARIN (2005)
FACTS: Garins license was confiscated by the MMDA.
Garin questioned the authority of MMDA to confiscate
licenses after being issued a TVR.
HELD: Reiterated the doctrine in BAVA.
Section 5 of Rep. Act No. 7924 enumerates the
"Functions and Powers of the Metro Manila
Development Authority." The contested clause in Sec.
5(f) states that the petitioner shall "install and
administer a single ticketing system, fix, impose and
collect fines and penalties for all kinds of violations of
traffic rules and regulations, whether moving or
nonmoving in nature, and confiscate and suspend or
revoke drivers' licenses in the enforcement of such
traffic laws and regulations, the provisions of Rep.
Act No. 413618 and P.D. No. 160519 to the contrary
notwithstanding," and that "(f)or this purpose, the
Authority shall enforce all traffic laws and
regulations in Metro Manila, through its traffic
operation center, and may deputize members of the
PNP, traffic enforcers of local government units, duly
licensed security guards, or members of non-
governmental organizations to whom may be
delegated certain authority, subject to such
conditions and requirements as the Authority may
impose."
Thus, where there is a traffic law or regulation validly
enacted by the legislature or those agencies to whom
legislative powers have been delegated (the City of
Manila in this case), the petitioner is not precluded
and in fact is duty-bound to confiscate and suspend
or revoke drivers' licenses in the exercise of its
mandate of transport and traffic management, as well
as the administration and implementation of all
traffic enforcement operations, traffic engineering
services and traffic education programs.
MMDA v. VIRON TRANSPORTATION (2007)
FACTS: President Arroyo issued EO 179 in February
of 2003. It referred to the plan recommended by
MMDA to decongest traffic in the Metro Manila Area
by removing bus terminals along major
thoroughfares and instead replacing them with 4
interim intermodal terminals integrating exisiting
transport modes. MMDA is designated as the
implementing body of EO 179. Pursuant to the E.O.,
the Metro Manila Council (MMC), the governing board
and policymaking body of the MMDA, issued
Resolution No. 03-07 series of 20037 expressing full
support of the Project. Recognizing the imperative to
integrate the different transport modes via the
establishment of common bus parking terminal areas.
HELD: Respecting the Presidents authority to order
the implementation of the Project in the exercise of
the police power of the State, suffice it to stress that
the powers vested in the DOTC Secretary to establish
and administer comprehensive and integrated
programs for transportation and communications
and to issue orders, rules and regulations to
implement such mandate (which, as previously
discussed, may also be exercised by the President)
have been so delegated for the good and welfare of
the people. Hence, these powers partake of the nature
of police power.
The authority of the President to order the
implementation of the Project notwithstanding, the
designation of the MMDA as the implementing agency
for the Project may not be sustained. It is ultra vires,
there being no legal basis therefor. It bears stressing
that under the provisions of E.O. No. 125, as amended,
it is the DOTC, and not the MMDA, which is
authorized to establish and implement a project such
as the one subject of the cases at bar. Thus, the
President, although authorized to establish or cause
the implementation of the Project, must exercise the
authority through the instrumentality of the DOTC
which, by law, is the primary implementing and
administrative entity in the promotion, development
and regulation of networks of transportation, and the
one so authorized to establish and implement a
project such as the Project in question.
In light of the administrative nature of its powers and
functions, the MMDA is devoid of authority to
implement the Project as envisioned by the E.O;
hence, it could not have been validly designated by
the President to undertake the Project. It follows that
the MMDA cannot validly order the elimination of
respondents terminals. Even the MMDAs claimed
authority under the police power must necessarily
fail in consonance with the above-quoted ruling in
MMDA v. Bel-Air Village Association, Inc. and this
Courts subsequent ruling in Metropolitan Manila
Development Authority v. Garin43 that the MMDA is
not vested with police power.
(b) ARMM (RA 6734)
CASES
DISOMANGCOP v. DATUMANONG (2004)
FACTS: Then President Aquino, by November 6,
1990, had already signed 7 EOS devolving to ARMM
the powers of 7 cabinet departments, namely: (1)
local government; (2) labor and employment; (3)
science and technology; (4) public works and
highways; (5) social welfare and development; (6)
tourism; and (7) environment and natural resources.
Nine years later, then Sec of DPWH Vigilar issued
Dept. Order 119 creating the Marawi Sub-District
Engineering Office. Two years later, President Estrada
signed into law RA 8999 establishing an Engineering
District in Lanao del Sur.
HELD: The ARMM Organic Acts are deemed a part of
the regional autonomy scheme. While they are
classified as statutes, the Organic Acts are more
than ordinary statutes because they enjoy
affirmation by a plebiscite. Hence, the provisions
thereof cannot be amended by an ordinary
statute, such as R.A. 8999 in this case. The
amendatory law has to be submitted to a
plebiscite.
The court noted the deliberations of the concom
regarding the requirement of a plebiscite and
concluded that the first ARMM Organic Act, R.A. 6074
(first ARMM Organic Act), as implemented by E.O.
426, devolved the functions of the DPWH in the
ARMM which includes Lanao del Sur (minus Marawi
City at the time) to the Regional Government. By
creating an office with previously devolved functions,
R.A. 8999, in essence, sought to amend R.A. 6074. The
amendatory law should therefore first obtain the
approval of the people of the ARMM before it could
validly take effect. Absent compliance with this
requirement, R.A. 8999 never became operative.
R.A. 9054 is anchored on the 1987 Constitution. It
advances the constitutional grant of autonomy by
detailing the powers of the ARMM covering, among
others, Lanao del Sur and Marawi City, one of which is
its jurisdiction over regional urban and rural
planning. R.A. 8999, however, ventures to reestablish
the National Governments jurisdiction over
infrastructure programs in Lanao del Sur. R.A. 8999 is
patently inconsistent with R.A. 9054, and it destroys
the latter laws objective.
SEMA v. COMELEC (2008)
FACTS: The first legislative district of Maguindanao
Province originally consisted of Cotabato City and
eight municipalities. Maguindanao Province became a
part of ARMM, but Cotabato City did not. he ARMM
Regional Assembly enacted MMA 201 creating the
Province of Shariff Kabunsuan out of the eight
municipalities in Maguindanao's first legislative
district. The issue in this case was whether or not the
regional assembly had the power to create the
Province of Shariff Kabunsuan.
HELD: Clearly, a province cannot be created without
a legislative district because it will violate Section 5
(3), Article VI of the Constitution as well as Section 3
of the Ordinance appended to the Constitution. For
the same reason, a city with a population of 250,000
or more cannot also be created without a legislative
district. Thus, the power to create a province, or a city
with a population of 250,000 or more, requires also
the power to create a legislative district. Even the
creation of a city with a population of less than
250,000 involves the power to create a legislative
district because once the citys population reaches
250,000, the city automatically becomes entitled to
one representative under Section 5 (3), Article VI of
the Constitution and Section 3 of the Ordinance
appended to the Constitution. Thus, the power to
create a province or city inherently involves the
power to create a legislative district.
For Congress to delegate validly the power to create a
province or city, it must also validly delegate at the
same time the power to create a legislative district.
The threshold issue then is, can Congress validly
delegate to the ARMM Regional Assembly the power
to create legislative districts for the House of
Representatives? The answer is in the negative.
Clearly, the power to create or reapportion legislative
districts cannot be delegated by Congress but must be
exercised by Congress itself. Even the ARMM Regional
Assembly recognizes this. It is axiomatic that organic
acts of autonomous regions cannot prevail over the
Constitution.
WHEREFORE, we declare Section 19, Article VI of
Republic Act No. 9054 UNCONSTITUTIONAL insofar
as it grants to the Regional Assembly of the
Autonomous Region in Muslim Mindanao the power
to create provinces and cities.
KIDA v. SENATE (2012)
FACTS: RA 10153 provided for the synchronization of
the national elections with the ARMM elections. The
ARMM elections was suspended. The petitioners
sought to have the RA declared unconstitutional.
They alleged that since it amounts to an amendment
of an organic law, the same must meet the double
majority and the plebiscite requirement.
HELD: The Court was unanimous in holding that the
Constitution mandates the synchronization of
national and local elections. While the Constitution
does not expressly instruct Congress to synchronize
the national and local elections, the intention can be
inferred from the following provisions of
the Transitory Provisions (Article XVIII) of the
Constitution[1]
Neither RA No. 9333 nor RA No. 10153 amends RA
No. 9054. RA No. 9054 only provides for the schedule
of the first ARMM elections and does not fix the date
of the regular elections. A need therefore existed for
the Congress to fix the date of the subsequent ARMM
regular elections, which it did by enacting RA No.
9333 and thereafter, RA No. 10153. Obviously, these
subsequent laws cannot be considered amendments
to RA No. 9054 as they did not change or revise any
provision in the latter law; they merely filled in a gap
in RA No. 9054 or supplemented the law by providing
the date of the subsequent regular elections.
(c) CAR (RA 6766)
CASES
ORDILLO v. COMELEC (1990)
FACTS: Pursuant to RA 6766, An Act Providing for
an Organic Act for the Cordillera Autonomous
Region, the people of the provinces of Benguet,
Mountain Province, Ifugao, Abra, and Kalinga-Apayao
and the city of Baguio cast their votes in a plebiscite
for the creation of the Cordillera Autonomous Region.
It was only in Ifugao Province that the creation of the
Region was approved by the majority. Congress then
enacted RA 6861 setting the elections in the
Cordillera Autonomous Region of Ifugao.
HELD: The keywords provinces, cities,
municipalities and geographical areas connote that
"region" is to be made up of more than one
constituent unit. The term "region" used in its
ordinary sense means two or more provinces. This is
supported by the fact that the 13 regions into which
the Philippines is divided for administrative purposes
are groupings of contiguous provinces. (IRP of 1972).
Article V, Sections 1 and 4 vest the legislative power
in the Cordillera Assembly whose members shall be
elected from regional assembly districts apportioned
among provinces and the cities composing the
Autonomous Region.
CBC v. COA (1990)
FACTS: Pres. Aquino signed into law EO 220 which
created the CAR. Petitioners assail the
constitutionality of EO 220.
HELD: EO 220 does not create the autonomous
region contemplated in the Constitution. It merely
provides for transitory measures in anticipation of
the enactment of an organic act and the creation of an
autonomous region. In short, it prepares the ground
for autonomy. As the creation of an autonomous
region will take time, the President has deemed it fit
to to provide for some measures to address the
urgent needs of the Cordilleras in the meantime that
the organic act had not yet been passed and the
autonomous region created.
CAR is not a public corporation or a territorial and
political subdivision. It does not have a separate
juridical personality, unlike provinces, cities and
municipalities. Neither is it vested with the powers
that are normally granted to public corporations, e.g.
the power to sue and be sued, the power to own and
dispose of property, the power to create its own
sources of revenue, etc. CAR was created primarily to
coordinate the planning and implementation of
programs and services in the covered areas.
(d) CARAGA (RA 7901)
E. DIVISION AND MERGER
Section 8. Division and Merger. - Division and
merger of 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,
population, or land area of the local government unit
or units concerned to less than the minimum
requirements prescribed in this Code: Provided,
further, That the income classification of the original
local government unit or units shall not fall below its
current classification prior to such division.
The income classification of local government units
shall be updated within six (6) months from the
effectivity of this Code to reflect the changes in their
financial position resulting from the increased
revenues as provided herein.
PRINCIPLE:
- To be valid division and merger shall comply
with the requirements of the creation of LGU.
- The income, population and land area shall
not be reduced to the minimum
requirements and the income classification of
the original unit shall not fall below its
current income classification from such
division.
F. ABOLITION
Section 9. Abolition of Local Government Units. - A
local 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 7 hereof
to Congress or to the sangguniang 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 the
local government unit sought to be abolished
will be incorporated or merged.
PRINCIPLE:
- LGU may be abolished if its creation is
judicially declared invalid or due to
infirmities relating to its creation
G. PLEBISCITE REQUIREMENT
Section 10. Plebiscite Requirement. - No creation,
division, merger, abolition, or substantial alteration of
boundaries of local government units shall take effect
unless approved by a majority of the votes cast in
a plebiscite called for the purpose in the political
unit or units directly affected. Said plebiscite shall be
conducted by the Commission on Elections
(COMELEC) within one hundred twenty (120) days
from the date of effectivity of the law or ordinance
effecting such action, unless said law or ordinance
fixes another date.
CASES:
BAGABUYO v. COMELEC (2008)
FACTS: Petitioner seeks to have RA 9371 declared
unconstitutional. RA 9371 created a new legislative
district for CDO. Petitioner alleges that RA 9371 does
not merely involve reapportionment but involves
division or merger which requires a plebiscite.
HELD: Legislative apportionment is defined by
Black's Law Dictionary as the determination of the
number of representatives which a State, county or
other subdivision may send to a legislative body. It is
the allocation of seats in a legislative body in
proportion to the population; the drawing of voting
district lines so as to equalize population and voting
power among the districts. Reapportionment, on the
other hand, is the realignment or change in legislative
districts brought about by changes in population and
mandated by the constitutional requirement of
equality of representation.
A legislative unit is a political unit but NOT a local
government unit. It is more appropriately called a
representative unit. It merely delineates areas
occupied by people who will choose a representative.
Thus, for a legislative reapportionment, an operation
directly affecting legislative units, there is no need for
a plebiscite as no creation, division, merging, or
abolishing of a LGU happens. No conversion or
division of CDO as a political and corporate entity
takes place. CDO remains a single unit. What is
changed is the number of representatives to
Congress.
SAMSON v. AGUIRRE
FACTS: RA 8535 created the City of Novaliches from
15 Barangays. Petitioner seeks to prevent the holding
of the plebiscite alleging the failure to meet the
requirements under the LGC and the failure to
indicate the seat of government.
HELD: Quezon City Mayor Ismael Mathay, Jr., was
present during the deliberations of the Senate
Committee on Local Government, and made no
mention of any adverse effects. Mayor Mathay would
be the first person to protest any development that
might prove detrimental to Quezon City. The fact that
he did not raise any adverse issue during the public
hearings on R.A. No. 8535, stressing instead his
concern on the matter of inclusion of all Quezon City
voters in the plebiscite that would decide the fate of
the City of Novaliches, is indicative of the non-
existence of such negative issues. Moreover, in the
plebiscite as contemplated on R.A. 8535, all
persons concerned will obviously have the
opportunity to raise those issues even before they
vote on the principal question of the cityhood of
Novaliches.
R.A. No. 8535 does not provide for a seat of
government. But such is not fatal. Under Section 12
of the Local Government Code, which applies to the
proposed City of Novaliches by virtue of Section 54 of
R.A. No. 8535, the City of Novaliches can still establish
a seat of government after its creation.
TOBIAS v. ABALOS
FACTS: Mandaluyong and San Juan belonged to the
same legislative district. After RA 7675 was enacted, a
plebiscite was held asking the people of Mandaluyong
on WON they approve of converting Mandaluyong to
a highly urbanized city. Petitioners are assailing the
RA which gave Mandaluyong a new legislative
district. The petitioner argued that the people of San
Juan should have been included in the plebiscite as it
involved a change in their legislative district.
HELD: The creation of the district is part of the
conversion. The conversion into a highly urbanized
city with a population of not less than 250,000 must
be related to the "one city-one representative"
proviso in the Constitution (Article VI, Sec. 5(3)). The
creation of a separate district is mandated by this
Constitutional requirement of setting up a district for
a city with at least 250,000 residents. The district was
actually required.
The district representation was only ancillary to
the principal subject of the plebiscite. Thus, the
inhabitants of San Juan were properly excluded from
the said plebiscite as they had nothing to do with the
change to cityhood of Mandaluyong. There is also no
"gerrymandering" here. As noted by the OSG, the
author of the law consistently won in San
Juan/Mandaluyong, so he would in fact be
diminishing his constituency.
H. CLASSIFICATION OF PROVICES, CITIES
AND MUNICIPALITIES
STATUS OF DE FACTO MUNICIPAL
CORPORATIONS
CASES
MUNICIPALITY OF SAN NARCISO v. MENDEZ
FACTS: San Andres was created by segregating from
San Narciso certain barrios, upon the latters request.
However, the SB of San Narciso filed a quo warranto
against the officials of San Andres. The petitioner
alleged that since it was created by an EO of the
president, such is null and void since it constituted
the usurpation of legislative powers and therefore
unconstitutional.
HELD: EO 353 was issued on 20 August 1959 but it
was only after almost thirty (30) years, or on 05 June
1989, that the municipality of San Narciso finally
decided to challenge the legality of the executive
order. Curative laws (referring Loc Gov Code Sec.
442), which in essence are retrospective, and
aimed at giving "validity to acts done that would
have been invalid under existing laws, as if
existing laws have been complied with," are
validly accepted in this jurisdiction, subject to the
usual qualification against impairment of vested
rights.
Certain governmental acts all pointed to the State's
recognition of the continued existence of the
Municipality of San Andres. Thus, after more than 5
years as a municipal district, EO No. 174 classified the
Municipality of San Andres as a fifth class
municipality after having surpassed the income
requirement laid out in R.A. No. 1515.
IV. ESTABLISHING THE STATUS OF A LOCAL
GOVERNMENT
A. ESTABLISHING THE SEAT OF
GOVERNMENT
Section 11. Selection and Transfer of Local
Government Site, Offices and Facilities. -
(a) The law or ordinance creating or merging local
government units shall specify the seat of
government from where governmental and corporate
services shall be delivered. In selecting said site,
factors relating to geographical centrality,
accessibility, availability of transportation and
communication facilities, drainage and sanitation,
development and economic progress, and other
relevant considerations shall be taken into account.
(b) When conditions and developments in the local
government unit concerned have significantly
changed subsequent to the establishment of the seat
of government, its sanggunian may, after public
hearing and by a vote of two-thirds (2/3) of all its
members, transfer the same to a site better suited
to its needs. Provided, however, That no such transfer
shall be made outside the territorial boundaries of the
local government unit concerned.
The old site, together with the improvements
thereon, may be disposed of by the sale or lease or
converted to such other use as the sangguniang
concerned may deem beneficial to the local
government unit concerned and its inhabitants.
(c) Local government offices and facilities shall not be
transferred, relocated, or converted to other uses
unless public hearings are first conducted for the
purpose and the concurrence of the majority of all
the members of the sanggunian concerned is
obtained.
 1. HOW DONE: shall specify the seat of
government from where governmental
and corporate services shall be delivered
(a) By law: if created by act of Congress
(b) By ordinance: if created by LGU
2. WHAT FACTORS TO CONSIDER:
- geographical centrality,
- accessibility,
- availability of transportation and
communication facilities,
- drainage and sanitation,
- development and economic
progress, and
- other relevant considerations shall
be taken into account
3. PROCEDURAL REQUIREMENTS:
(a) SELECTION OF THE SEAT OF LGU:
- Law or ordinance shall specify the seat of
the government
(b) TRANSFER OF THE SEAT: When conditions
and developments in the local government
unit concerned have significantly changed
subsequent to the establishment of the seat
(1) Public hearing
(2) 2/3 vote of all its members
(3) Old site may be sold, leased or converted
to such other use
- Must not be outside the territorial
jurisdiction of the LGU
(c) TRANSFER OF LOCAL GOVERNMENT OFFICE
AND FACILITIES
(1) Public hearing
(2) Majority vote of all the members of the
Sanggunian
B. NAMING LGUs
Section 13. Naming of Local Government Units
and Public Places, Streets and Structures. -
(a) The sangguniang panlalawigan may, in
consultation with the Philippine Historical
Commission (PHC), change the name of the following
within its territorial jurisdiction:
(1) Component cities and municipalities, upon
the recommendation of the sanggunian
concerned;
(2) Provincial roads, avenues, boulevards,
thoroughfares, and bridges;
(3) Public vocational or technical schools and
other post-secondary and tertiary schools;
(4) Provincial hospitals, health centers, and other
health facilities; and
(5) Any other public place or building owned by
the provincial government.
(b) The sanggunian of highly urbanized cities and
of component cities whose charters prohibit their
voters from voting for provincial elective officials,
hereinafter referred to in this Code as independent
component cities, may, in consultation with the
Philippine Historical Commission, change the name
of the following within its territorial jurisdiction:
(1) City barangays, upon the recommendation of
the sangguniang barangay concerned;
(2) City roads, avenues, boulevards,
thoroughfares, and bridges;
(3) Public elementary, secondary and vocational
or technical schools, community colleges and
non-chartered colleges;
(4) City hospitals, health centers and other health
facilities; and
(5) Any other public place or building owned by
the city government.
(c) The sanggunians of component cities and
municipalities may, in consultation with the
Philippine Historical Commission, change the name
of the following within its territorial jurisdiction:
(1) City and municipal barangays, upon
recommendation of the sangguniang barangay
concerned;
(2) City, municipal and barangay roads, avenues,
boulevards, thoroughfares, and bridges;
(3) City and municipal public elementary,
secondary and vocational or technical schools,
post- secondary and other tertiary schools;
(4) City and municipal hospitals, health centers
and other health facilities; and
(5) Any other public place or building owned by
the municipal government.
(d) None of the foregoing local government units,
institutions, places, or buildings shall be named after
a living person, nor may a change of name be made
- unless for a justifiable reason and,
- in any case, not oftener than once every
ten (10) years.
- The name of a local government unit or a
public place, street or structure with
historical, cultural, or ethnic significance
shall not be changed,
unless by a unanimous vote of the
sanggunian concerned and in
consultation with the PHC.
(e) A change of name of a public school shall be made
only upon the recommendation of the local school
board concerned.
(f) A change of name of public hospitals, health
centers, and other health facilities shall be made
only upon the recommendation of the local health
board concerned.
(g) The change of name of any local government
unit shall be effective only upon ratification in a
plebiscite conducted for the purpose in the
political unit directly affected.
(h) In any change of name, the Office of the
President, the representative of the legislative
district concerned, and the Bureau of Posts shall
be notified.
C. SETTLEMENT OF BOUNDARY DISPUTES
Section 118. Jurisdictional Responsibility for
Settlement of Boundary Dispute. - Boundary
disputes between and among local government units
shall, as much as possible, be settled amicably. To
this end:
(a) Boundary disputes involving two (2) or more
barangays in the same city or municipality shall be
referred for settlement to the sangguniang
panlungsod or sangguniang bayan concerned.
(b) Boundary disputes involving two (2) or more
municipalities within the same province shall be
referred for settlement to the sangguniang
panlalawigan concerned.
(c) Boundary disputes involving municipalities or
component cities of different provinces shall be
jointly referred for settlement to the sanggunians of
the province concerned.
(d) Boundary disputes involving a component city
or municipality on the one hand and a highly
urbanized city on the other, or two (2) or more
highly urbanized cities, shall be jointly referred for
settlement to the respective sanggunians of the
parties.
(e) In the event the sanggunian fails to effect an
amicable settlement within sixty (60) days from
the date the dispute was referred thereto, it shall
issue a certification to that effect. Thereafter, the
dispute shall be formally tried by the sanggunian
concerned which shall decide the issue within sixty
(60) days from the date of the certification referred
to above.
Section 119. Appeal. - Within the time and manner
prescribed by the Rules of Court, any party may
elevate the decision of the sanggunian concerned to
the proper Regional Trial Court having jurisdiction
over the area in dispute. The Regional Trial Court
shall decide the appeal within one (1) year from the
filing thereof. Pending final resolution of the disputed
area prior to the dispute shall be maintained and
continued for all legal purposes.
IRR
ARTICLE 15. Definition and Policy. There is a
boundary dispute when a portion or the whole of the
territorial area of an LGU is claimed by two or more
LGUs. Boundary disputes between or among LGUs
shall, as much as possible, be settled amicably.
ARTICLE 16. Jurisdictional Responsibility.
Boundary disputes shall be referred for settlement to
the following:
(a) Sangguniang panlungsod or sangguniang
bayan for disputes involving two (2) or more
barangays in the same city or municipality, as the
case may be;
(b) Sangguniang panlalawigan, for those
involving two (2) or more municipalities within
the same province;
(c) Jointly, to the sanggunians of provinces
concerned, for those involving component cities
or municipalities of different provinces; or
(d) Jointly, to the respective sanggunians, for
those involving a component city or municipality
and a highly-urbanized city; or two (2) or more
highly-urbanized cities.
ARTICLE 17. Procedures for Settling Boundary
Disputes. The following procedures shall govern
the settlement of boundary disputes:
(a) Filing of petition The sanggunian
concerned may initiate action by filing a petition,
in the form of a resolution, with the sanggunian
having jurisdiction over the dispute.
(b) Contents of petition The petition shall
state the grounds, reasons or justifications
therefor.
(c) Documents attached to petition The
petition shall be accompanied by:
(1) Duly authenticated copy of the law
or statute creating the LGU or any other
document showing proof of creation of the
LGU;
(2) Provincial, city, municipal, or
barangay map, as the case may be, duly
certified by the LMB;
(3) Technical description of the
boundaries of the LGUs concerned;
(4) Written certification of the
provincial, city, or municipal assessor, as the
case may be, as to territorial jurisdiction over
the disputed area according to records in
custody;
(5) Written declarations or sworn
statements of the people residing in the
disputed area; and
(6) Such other documents or
information as may be required by the
 sanggunian hearing the dispute.
(d) Answer of adverse party Upon receipt by
the sanggunian concerned of the petition
together with the required documents, the LGU
or LGUs complained against shall be furnished
copies thereof and shall be given fifteen (15)
working days within which to file their
answers.
(e) Hearing Within five (5) working days
after receipt of the answer of the adverse party,
the sanggunian shall hear the case and allow the
parties concerned to present their respective
evidences.
(f) Joint hearing When two or more
sanggunians jointly hear a case, they may sit en
banc or designate their respective
representatives. Where representatives are
designated, there shall be an equal number of
representatives from each sanggunian. They shall
elect from among themselves a presiding officer
and a secretary. In case of disagreement,
selection shall be by drawing lot.
(g) Failure to settle In the event the
sanggunian fails to amicably settle the dispute
within sixty (60) days from the date such
dispute was referred thereto, it shall issue a
certification to that effect and copies thereof shall
be furnished the parties concerned.
(h) Decision Within sixty (60) days from the
date the certification was issued, the dispute shall
be formally tried and decided by the sanggunian
concerned. Copies of the decision shall, within
fifteen (15) days from the promulgation thereof,
be furnished the parties concerned, DILG, local
assessor, COMELEC, NSO, and other NGAs
concerned.
(i) Appeal Within the time and manner
prescribed by the Rules of Court, any party may
elevate the decision of the sanggunian
concerned to the proper Regional Trial Court
having jurisdiction over the dispute by filing
therewith the appropriate pleading, stating
among others, the nature of the dispute, the
decision of the sanggunian concerned and the
reasons for appealing therefrom. The Regional
Trial Court shall decide the case within one (1)
year from the filing thereof. Decisions on
boundary disputes promulgated jointly by two
(2) or more sangguniang panlalawigans shall be
heard by the Regional Trial Court of the province
which first took cognizance of the dispute.
ARTICLE 18. Maintenance of Status Quo.
Pending final resolution of the dispute, the status of
the affected area prior to the dispute shall be
maintained and continued for all purposes.
ARTICLE 19. Official Custodian. The DILG
shall be the official custodian of copies of all
documents on boundary disputes of LGUs.
RULES:
(1) RTC over MUNICIPALITY and INDEPENDENT
COMPONENT CITY
(2) SPanlalawigan over 2 municipalities of the same
province
(3) Joint SPanlalawigan over 2 municipalities of
different provinces
(4) SPanglungsod over 2 Barangays of the same city
(5) Joint SPanglungsod over 2 Barangays of different
Cities
(6) RTC: appellate jurisdiction over all boundary
disputes among LGUs
CASES
CALANZA v. PICOP (2009)
FACTS: Petitioners are applicants of permit for small
scale mining (gold ore) to be done in Boston, Davao
Oriental from Mines and Geosciences Development
Services (of DENR). Davao Oriental Governor Rosalin
Lopez granted the permit. Petitioners negotiated with
PICOP for entry to the site in Barangay Catihan to
mine. Dormende refused because they have control
over the property since they are TLA holders. It was
also argued by the respondents that their permits are
defective since mining area is in Pagtilaan, Surigao
Del Sur so they should have secured permit from
Surigao del Sur governor and not from Davao Oriental
governor. RTC ruled in favor of Calanza by stating
that Pagtilaan is within the boundary of Davao
Oriental. CA reversed stating that RTC erred in
resolving boundary dispute.
HELD: RTC only has appellate jurisdiction over the
sanggunians decision on this matter. See Sec. 118
Jurisdictional Responsibility for Settlement of
Boundary Dispute. (IRR)
CITY OF PASIG v. COMELEC (1999)
FACTS: SP of Pasig passed an ordinance creating a
Barangay. SB of Cainta moved to suspend the
plebiscite for the creation of the barangay due to their
pending boundary dispute. COMELEC suspended the
holding of the plebiscite.
HELD: Requisite for the creation of a barangay is for
its territorial jurisdiction to be properly identified by
metes and bounds or by more or less permanent
natural boundaries. Until and unless issue of
territorial juisdiction is resolved with finality, to
define the territorial jurisdiction of the proposed
barangays would only be an exercise in futility;
potentially ultra vires; expenses entailed in holding
plebescites.
MUNICIPALITY OF KANANGA v. MADRONA (2003)
FACTS: A boundary dispute arose between the support the development of appropriate and self-
Municipality of Kananga and the City of Ormoc. By reliant scientific and technological capabilities,
agreement, the parties submitted the issue to improve public morals, enhance economic prosperity
amicable settlement by a joint session of the and social justice, promote full employment among
Sangguniang Panlungsod of Ormoc City and the SB of their residents, maintain peace and order, and
Kananga. No amicable settlement was reached. To preserve the comfort and convenience of their
settle the boundary dispute, the City of Ormoc filed inhabitants.
before the RTC of Ormoc City. Petitioner filed an MTD.
b. Power to open and Close Roads;
HELD: There is no question that Kananga is a Factors to consider
municipality constituted under Republic Act No.
542.12. However, Ormoc is not a highly urbanized, 2. POWER OF EMINENT DOMAIN
but an independent component, city created under
Republic Act No. 179. Section 118 of the LGC applies
to a situation in which a component city or a
municipality seeks to settle a boundary dispute with a
highly urbanized city, not with an independent
component city. While Kananga is a municipality,
Ormoc is an independent component city. Clearly
then, the procedure referred to in Section 118 does
not apply to them.

Since there is no law providing for the exclusive

jurisdiction of any court or agency over the
settlement of boundary disputes between a
municipality and an independent component city of
the same province, respondent court committed no
grave abuse of discretion in denying the Motion to
Dismiss. RTCs have general jurisdiction to adjudicate
all controversies except those expressly withheld
from their plenary powers. They have the power not
only to take judicial cognizance of a case instituted for
judicial action for the first time, but also to do so to
the exclusion of all other courts at that stage. Indeed,
the power is not only original, but also exclusive.

V. GENERAL POWERS AND ATTRIBUTES OF

LOCAL GOVERNMENT
A. SOURCES OF POWER: Constitution, Charter,
LGC and other laws

B. KINDS OF POWER
1. POLICE POWER
a. General Welfare Clause and
Limitations on the exercise
thereof

Section 16. General Welfare. - Every local

government unit shall exercise the powers expressly
granted, those necessarily implied therefrom, as well
as powers necessary, appropriate, or incidental for its
efficient and effective governance, and those which
are essential to the promotion of the general welfare.
Within their respective territorial jurisdictions, local
government units shall ensure and support, among
other things, the preservation and enrichment of
culture, promote health and safety, enhance the right
of the people to a balanced ecology, encourage and