Gor. Mandanas v.

Ochoa
-Share of LGU’s in national taxes

Malampaya Fund -> income of LGUs if they are entitled to share

Accrual of Income: 1) Internal sources
2) National taxes
3) National wealth

Alvarez v. Guingona
-conversion of Santiago City into an independent component city

Factors to consider:
1. Population
2. Income (includes share in national wealth, share in the taxes collected by the national
government) -> Sec. 5: Taxes, Fees + charges BIR (IRA)
Sec.6: Mandanas v. Ochoa -> national taxes < BOC (Tariff Code)
Sec. 7: Share in te national wealth (national resources).

LCP v. COMELEC
57 Bills for upgrading
33 Bills were approved
24 Bills remained pending

During the pendency of considering the 24 Bills, Congress approved a higher income for
upgrading (P20M income to P100M) out of the 24 Bills, 16 Bills were exempted from the new income
requirement (P100M / up. income)

LCP challengedthe exemption as it is violative of the constitutional provision + the laws passed in
accordance with the constitutional provision.

SC:
1st Decision: Not valid
2nd Decision: Valid
3rd Decision: Not Valid
4th and final Decision: Valid
*expanded power of judicial review to meet the ends of justice.

-ruled based on a vested right.

MMDA v. Bel Air Village Assn.
-challenged the decision of RTC Makati which prohibited the MMDA to allow non-residents to access
Neptune St. of Bel-Air Village

Concepts / Principles:
1. Police Power
2. Power to enact laws/ordinances
3. Political subdivision (plebiscite) -> Section 11, Art. X (CONSTI)
4. Limitations found in charter

MMDA v. GARIN
-MMDA challenged the decision of RTC which gave due course to the complaint of Garin.
Garin challenged the authority of MMDA to confiscate his license + impound his vehicle. He said he was
denied due process.
SC: MMDA cannot confiscate the license.

MMDA v. Viron Transpo et al

-insisted that EO 179 issued by President which prescribed a Greater Metro Manila Traffic Management
Scheme.
Viron challenged the constitutionality of EO 179 since it empowered MMDA to implement the traffic
management scheme.

Concepts/Principles:
1. Power of control and supervision – All executive offices/departments of gov’t or MMDA, DOTC
(DOTr)
2. Primary jurisdiction
3. Police Power
4. Political Subdivision
5. Ultra vires

MMDA v. Track Worlds

MMDA challenged the decision of RTC Pasig which enjoined MMDA from issuing rules on installation of
bill boards and other advertising materials in MRT stations/trains
-basis of challenge: To ensure public safety

SC: Petition is DENIED. MMDA has no power to regulate the installation of billboards and other adv.
materials.
*Non-impairment clause
DISOMANGCOP v. DATUMANONG
-premised on the creation of the ARMM, a special organic act created it:
Issue: special power was granted to LGU (Art.X CONSTI). -> Sec.20

***SEMA v. COMELEC:
-Two factors in delegation of power:
1) Completeness Test – Pursuant to… (plebiscite)
2) Sufficient standard test

ARMM Legislative Assembly can exercise the power to create LGUs.

This will result to absurdity and will undermine the standards of uniformity and progressive ratio
representation.
Sec.5 (1) and (3) – Art. VI

KIDA v. SENATE
Congress may decide on another election date (except that for President and VP)
*snychronization of election date.

ORDILLO v. COMELEC

CAR:benguet
Ifugao
Mt. Province
Ifugao
Abra
Kalinga
Apayao
And Baguio City
Result of Plebiscite: only ifugao voted in favour of creation of CAR.
Comelec: Pwede nay an
SC: You cannot create an autonomous region with only ONE province voted for it.

CORDILLERA BOARD COALITION v. COA

President Aquino created a special body to study the feasibility of creating the CAR.
One of the functions of the special body to act as the transition bureaucracy
(vested? Until?) the CAR is approved by the affected constituents in a plebiscite conducted by COMELEC.
Petitioner wanted to enjoin COA from releasing funds for the special body.
The body created by President Aquino (EO 22O) is not a political subdivision. The Congress must pass a
law creating CAR of the affected constituents must approve it in plebiscites.

MIDTERMS:
9 Questions

Distinguish devolution and decentralization

Set of facts will be given and tell if it is a valid enactment (Read sec.6 and 7 art X)
Sec.5

Commencement of Juridical life of LGU

Compute the number of officer to be elected to start the life

Sec.1 – two questions

1- Enumerate
2- Will make you think. Argue

Principle of Local Autonomy

Look at the case of Negros Occidental v. COA
-Theres a twist because the allowances will not be given to employees

Type of Cities under Sec.12: highly urbanized?, component cities?, and ?

Status of de facto and de jure

Who can create political subdivisions

Case of Sema.
Sec. 5 (3) of Art. VI.
When is plebiscite needed
*if congressional district, no need for plebiscite. But if the political subdivision, it is needed.