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LAW ON PUBLIC CORPORATIONS
A. General Principles 1. CORPORATION—an artificial being created by operation of law, having the right of succession and the powers, attributes and properties expressly authorized by law or incident to its existence. a. PUBLIC CORPORATION—one formed and organized for the government of a portion of the State. 2. Classes of Corporation: a. Public or Municipal—a body politic and corporate constituted by incorporation of inhabitants of city or town for purposes of local government thereof or as agency of State to assist in civil government of the country; one formed and organized for the government of a portion of the State. b. Private—one formed for some private purpose, benefit, aim or end. c. Quasi-Public—a private corporation that renders public service or supplies public wants. d. Quasi-corporation—public corporations created as agencies of State for narrow and limited purpose. 3. Elements of Municipal Corporation a. Legal creation or incorporation b. Corporate name c. Inhabitants d. Territory 4. Dual Nature of Municipal Corporation ●Every local government unit created or organized 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 political subdivision of the National Government and as a corporate entity representing the inhabitants of its territory. a. Public/Governmental—it acts as an agent of the State for the government of the territory and the inhabitants within the
municipal limits; it exercises by delegation a part of the sovereignty of the State. Private/Proprietary—it acts in a similar category as a business corporation, performing functions not strictly governmental or political; it stands for the community in the administration of local affairs. It acts as a separate entity for its own purposes and not as a subdivision of the State.
5. Criterion to determine whether corporation is public: The relationship of the corporation to the State, i.e., if created by the State as its own agency to help the State in carrying out its governmental functions, then it is public, otherwise, it is private. 6. De Facto Municipal Corporation --a corporation that may exist in fact although not point of law because of certain defects in some essential features of its incorporation. 7. Elements of De Facto Municipal Corporation: a. A valid law authorizing incorporation b. An attempt in good faith to organize under it c. A colorable compliance with the law d. An assumption of corporate powers 8. Three forms of decentralization:
Devolution- is the transfer of power and authority from the national government to LGUs as the territorial and political subdivisions of the State. The nature of power transfer is political and the approach is territorial or areal. b. Deconcentrationis the transfer of power, authority or responsibility, or the discretion to plan, decide and manage from central point or local levels, but within the central or national government itself. The nature of the transfer is administrative and the approach is sectoral. c. Debureaucratizati on- is the transfer of some public functions and responsibilities, which the government may perform, to private entities or non-
ZPG & ASSOCIATES(Zambales.Pablo.Gonzales)
governmental organizations; it is people’s empowerment or participation in local governance. ●Decentralization of Administrationthe central government delegates administrative powers to political subdivisions in order to broaden the base of government power. ●Decentralization of Power (Political Decentralization)involves abdication of political power in favor of LGU’s declared autonomous. (Limbonas vs. Mangelin, 170 SCRA 786) NOTE: ●Local Autonomy- is selfgoverning. It is the granting of more powers, authority, responsibilities and resources to the lower or local levels of a government system. The principle of local autonomy under the 1987 Constitution simply means decentralization. It does not make the local government sovereign within the state or an “imperium in imperio.
3. Field health and hospital services and other tertiary health services of the DOH; 4. Public works and infrastructure projects funded out of local funds of the DPWH; 5. The school building program of the DECS; 6. Social welfare services of the DSWD; 7. Tourism facilities and tourism promotion and development of the DOT; 8. Telecommunications services for provinces and cities of the DOTC; 9. Housing projects for provinces and cities; and 10. Other services such as investment support. 9. How local autonomy enhances governmental and corporate powers of LGUs: have: a. Every local government unit shall i. Full autonomy in their exercise of proprietary rights and management of economic enterprises. ii. Full authority to secure domestic or foreign grants without the approval of the NGAs concerned, unless these are projects with national security implications, and iii. Financial undertakings for LGUs for mutual advantage thru loans and assistance to calamity-stricken LGUs. B. R.A. 7160—Policy and Application; Constitutional Provisions
Among the regulatory powers of the National Government Agencies transferred or devolved to the LGUs include the following: 1. The reclassification of agricultural lands- DAR to cities and municipalities 2. Enforcement of environmental laws- DENR to all LGUs 3. Inspection of food products and quarantineDOH to cities and municipalities 4. The enforcement of the National Building Code- DPWH to cities and municipalities 5. The processing and approval of subdivision plans- HLURB to cities and municipalities 6. The operation of tricyclesLTFRB to cities and municipalities 7. The establishment of cockpits and holding of cockfights- Philippine Gamefowl Commission to cities and municipalities Among the basic services facilities devolved to LGUs include: and
1. Effectivity—January 1, 1992
2. Scope of Application (Sec. 4, RA 7160) Applicable to: a. all provinces b. cities c. municipalities d. barangays e. and other political bodies as may be created by law, and f. to the extent provided in the LGC (i.e. devolution of powers): -officials -offices, or -agencies of the National Government 3. Rules of Interpretation (Sec. 5, RA 7160) a. Any provision on a local government unit shall be
1. Agricultural extension and onsite research of the Department of Agriculture; 2. Community-based forestry project of the DENR;
and in case of doubt. Any tax exemption. and over barangays through city and municipality. Declaration of State Policy over LGU’s (Sec. initiative and referendum. In the resolution of controversies arising under this Code where no legal provision or jurisprudence applies. . To ensure the accountability of local gov’t units through the institution of effective mechanisms of recall. The President shall exercise general supervision over LGUs. National Government and Local Government Units a. c. any tax ordinance or revenue measure shall be construed strictly against the local gov’t unit enacting it. resort may be had to the customs and traditions in the place where the controversies take place. i. Rights and obligations existing on the date of effectivity of this Code and arising out of contracts or any other source of prestation involving a local gov’t 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. Any fair and reasonable doubt as to the existence of the power shall be interpreted in favor of the local government unit concerned. through province. b. b. The President shall exercise supervisory authority directly over provinces. 25) The President’s power of general supervision over LGUs includes the authority to investigate and impose disciplinary measures (suspension or removal) upon elective local officials. In case of doubt.Gonzales) liberally interpreted its favor. and liberally in favor of the taxpayer. To require all national agencies and offices to conduct periodic consultations with appropriate local gov’t units.ZPG & ASSOCIATES(Zambales. c. 4. RA 7160) a. 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 3 communications and make them more effective partners in the attainment of national goals. highly urbanized cities and independent component cities. any question thereon shall be resolved in favor of devolution of powers and of the lower local government unit. incentive or relief granted by any local gov’t unit pursuant to the provisions of this Code shall be construed strictly against the person claiming it. e. INTER-GOVERNMENTAL RELATIONS 1. 2. II. nongovernmental and people’s organizations and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions. (Sec. d. The President shall exercise supervision over component cities and municipalities.Pablo. The general welfare provisions in this Code shall be liberally interpreted to give more powers to local gov’t units in accelerating economic development and upgrading the quality of life for the people in the community. ii.
August 30. The LCE can enlist the attendance of the national official stationed in the LGU on a meeting of elective and appointed officials of the LGU treating matters in the promotion of the general welfare of the residents. provide technical and other forms of assistance and coordinate on the discharge of NGA functions v. 2001). Pano. C. responsibiliti es and resources among LGUs. 27 should be interpreted to mean projects and programs whose environmental and ecological effects are among those mentioned in Sec. Extent of the LCE’s authority over NGAs and their functionaries: The LCE can call upon any employee stationed or assigned in his locality to advise him on matters affecting the LGU as well as coordinate with said officials. as to what the power includes -oversee whether LGUs are performing their duties in accordanc e with law. G. . programs and projects.ZPG & ASSOCIATES(Zambales. provide funding support iii. The LCE can also initiate proper administrative or judicial action against national government official or employee who may have committed an offense while stationed or assigned in the LGU. appointment . investigate and impose disciplinar y measures upon erring elective local governme nt officials b. The projects and programs mentioned in Sec. election. iii. c. as to nature of power B. ii. -allocate powers. augment basic services assigned to LGUs iv. ensure the participation of LGUs in planning and implementing national projects vi. (Sec. 26 and 27 of the LGC (Lina vs. 129093. conversion of LGUs and alteration of its boundaries. as to who exercises the power Power of Control Legislative Congress -creation. conduct mandatory consultations with LGUs NOTE: ●No project shall be implemented by government authorities without consultation with the local government units and prior approval of the Sanggunian concerned.Pablo.27) ●The requirement of prior consultation applies only to national projects and/or programs which are to be implemented in a particular local community. -amendment of charters of LGUs. removal. i. the Philippine Charity Sweepstakes Office. salaries and functions and duties of local officials.Gonzales) Power of General Supervisio n Executive President assisted by the DILG Secretary 4 Basis A. plans. Although sanctioned by the national government. No. formulate policies and set standards and guidelines ii. the operation of lotto is neither a program nor project of the national government but of charitable institution. -provide for qualification s.R. General responsibilities of the National Government towards LGUs: i. -provide other matters relating to the organization and operation of LGUs. term.
Inter-Local Government Relations a. 1. Bids and Awards Committee (PBAC) ●responsible for the conduct of prequalification of contractors. Local School Board The DECS shall consult the Board on the appointment of division superintendents. municipality. While the power to create barangays has been delegated to Sanggunian Panlalawigan and Sangguniang Panlungsod. 2. and 3. The governor shall review all executive orders promulgated by the mayor.ZPG & ASSOCIATES(Zambales. Role of POs. Creation of LGUs: A local government unit may be created. bidding. ●governor or the city or municipality mayor: Chairman 3. No. or by Sanggunian Panlalawigan or Sanggunian Panlungsod ordinance in the case of a barangay. and coordinating development efforts in its territorial jurisdiction.Pablo. evaluation of bids. Local Peace and Order Council. 5. spur rural industrialization.6) NOTE: ●nature of the power to create: LEGISLATIVE 1. MERGER AND CONSOLIDATION. Local Development Council -a duly constituted body which shall assist the corresponding Sanggunian in setting the direction of economic and social development. in . LGUs shall encourage private-sector participation in the delivery of basic services.O. The city or municipality. merged. Private Sector Participation in Local Governance Purpose: to ensure the viability of local autonomy as an alternative strategy for sustainable development. shall ensure that every component city and municipality acts within its powers. AND ABOLITION OF LGUs A. b. through the governor. capability building and livelihood projects. amended. diversifies agriculture. The Sangguniang Panlalawigan of a province reviews all ordinances enacted by the Sangguniang Panlungsod of component cities and Sangguniang Bayan of municipalities under their jurisdiction. as 4. and enhance the economic and social well-being of the people. divided. DIVISION. district supervisors. delivery of certain basic services 2. Prequalification. or its boundaries substantially altered by law enacted by Congress in the case of a province. shall ensure that barangays act within the scope of their powers. school principals. The province. Congress. Local Health Board 6. abolished. pursuant to E. developing local enterprises designed to improve productivity and income. Likewise. CREATION.Gonzales) Power of Control and Power of General 2. through the mayor. and other school officials. Series of 1988. CONVERSION. NGOs in the LGUs: ●LGUs shall promote the establishment and operation of people’s and nongovernmental organizations as active partners.309. b. (Sec. 5 Supervision distinguished: c. and the recommendation of awards concerning local infrastructure projects. ●LGUs may enter into joint venture and cooperative undertakings with people’s and non-governmental organizations particularly in the following: 1. Relations with People’s Organizations and Non-Government Organizations a. the Sangguniang Panlungsod and Sangguniang Bayan review all ordinances passed by the Sannguniang Barangay under the jurisdiction. 3. In turn. or other political subdivisions. the Sangguniang Panlungsod and Sangguniang Bayan exercise disciplinary authority over elective barangay officials within their jurisdiction. the Sangguniang Panlalawigan of a province exercises the quasi-judicial function (administrative disciplinary authority) of hearing and deciding administrative cases involving elective municipal and component city officials under their jurisdiction. Special Local Bodies where the private sector may participate in local governance: c. In turn. People’s Law Enforcement Board (PLEB) III. city. The mayor shall review orders promulgated by the punong barangay.
Land area NOTE: Compliance with the above-cited indicators shall be attested by the Department of Finance. Income. Creation of Municipalities a.000 inhabitants 2.serves primarily as a general purpose government for the coordination and delivery of basic. definite and certain.386. b. Who creates. b. merged or abolished. merged. Who creates: a barangay may be created. NOTE: ●The creation of the new barangay shall not however reduce the population of the original barangay to less than the minimum requirement prescribed in the Code. Role: serves primarily as a general purpose government for the coordination and delivery of basic.Pablo. 3. plans programs. c. Population and/or c. Who creates: may be created. LGC) 2. may create barangays in such communities notwithstanding the requirements set forth by law. The creation or conversion of a local government unit to another level shall be based on the following verifiable indicators of viability and projected capacity to provide services: a. without legal authorization. but it must be contiguous but it need not be contiguous if the barangay is comprised with two or more islands.average annual income of at least P2. crystallized and considered. Land Area. Population. abolished or its boundary substantially altered only by an act of Congress subject to the criteria established by the Code. Role: serves as the primary planning and implementing unit of government policies. Population.contiguous territory of at least 100 square kilometers NOTE: ●The Internal Revenue Allotments shall be included in the computation of the average annual income of the municipality for purposes of determining whether the municipality may be validly converted into a . An incorporation is void where the boundaries of the municipal corporation are not described with certainty.Gonzales) order to enhance the delivery of basic services in indigenous cultural communities. c. the recommendation of the Sangguniang Bayan concerned shall be necessary. 4.385a. Where a barangay is created by an ordinance of the Sangguniang Panlalawigan. exercise its powers beyond its own corporate limits. respectively. projects and activities in the community. Land Areano minimum requirement. (Sec. Populationat least 2000 inhabitants ●Except in cities and municipalities within Metro Manila or in highly urbanized cities—must be at least 5000 inhabitants 2.at least P100 million for the last two consecutive years 3. c.5 million for the last two consecutive years based on the 1991 constant prices. b. regular and direct services and effective governance of the inhabitants within its territorial jurisdiction.a contiguous territory of 50 square kilometers. regular and direct services and effective governance of the inhabitants within its territorial jurisdiction. Creation of Component Cities a. Land Area. municipal corporations cannot. Substantive Requisites: 1. divided.may be created.000 inhabitants 2. and where disputes may be amicably settled. in order that may be identified and that all may know the exact scope or section of territory or geographical division embraced within the corporate limits and over which the municipal corporation has jurisdiction. Role. Creation of Barangays: a. divided.no requirement minimum 6 income 3. or its boundary substantially altered only by an act of Congress subject to the criteria provided in the Code. divided. 3. Necessity of Fixing Corporate Limits: As a matter of general rule. It is necessary that it must have its boundaries fixed.ZPG & ASSOCIATES(Zambales. merged. Income. abolished or its boundary substantially altered by law or by an ordinance of the Sangguniang Panlalawigan or Sangguniang Panlungsod. Sufficient income and b. the National Statistics Office and the Land Management Bureau of the DENR. Substantive Requisites: 1. Manner of Creation 1.at least 150. Substantive Requisites: 1. A description of the boundaries of a municipal corporation is said to be an essential part of its charter and necessary to corporate existence. LGC) 2. Income. 3.at least 25. (Sec. and as a forum wherein the collective views of the people may be expressed.
it serves as a dynamic mechanism for development processes and effective governance of local government units within its territorial jurisdiction. it shall be the duty of the President to declare the city as highly urbanized city upon: (1) proper application and (2) upon ratification in a plebiscite by the majority of registered voters therein. However. whose functions were without prejudice to the autonomy of the affected local government units. Substantive Requirements: 1. Special Metropolitan Political Subdivisions The Congress may. If a component city shall have met the minimum requirements for a highly urbanized city.at least P50 million 5. Attack against invalidity of incorporation No collateral attack shall lie.15.. 9. LGC) 7. The use of the word territory in Sec. COMELEC. 11. G. Metropolitan Manila was declared as a “special development and administrative region” and the administration of “metrowide basic services affecting the region was placed under a “development authority” referred to as the Metropolitan Manila Development Authority (MMDA). Art. (Datu Firdausi Abbas vs. The jurisdiction of the metropolitan authority that will be thereby created shall be limited to basic services requiring coordination. Income is defined in the LGC to be all revenues and receipts collected or received forming the gross accretions of funds of the local government unit. The IRAs regularly and automatically accrue to the local treasury without need of any further action on the part of the local government unit (Alvarez vs. municipalities. Status of Sub-provinces Existing sub-provinces are converted into regular provinces upon the approval by a majority votes cast in a plebiscite to be held in the said sub-province and the 7 original province directly affected. in the plebiscite. subject to the satisfaction of the criteria set forth by the LGC. Land Area.10. the sole Province of Ifugao which. Even the Metro Manila Council. or abolished.000 inhabitants 2. Clearly.462. (Sec.as a political and corporate unit of government. 179 SCRA 287). (Ordillo vs. No. Income. Populationnot less than 250. an inquiry into the legal existence of a municipal corporation is reserved to the State in a proceeding for quo warranto or . Population. has not been delegated any legislative power. and economic and social cultures. PC) NOTE: ●With the passage of RA 7924.R. 4. Inc. Comelec. The law does not grant police nor legislative powers to MMDA.Pablo. cities. only by an act of Congress. (Sec.may be created. Guingona. MMDA is not a political unit. the organic act establishing the Autonomous Regional Government of Muslim Mindanao was held valid by the Supreme Court. 2000). which created the Province of Negros del Norte was declared unconstitutional because it did not comply with the land area criterion prescribed under the LGC. create special metropolitan political subdivisions. 135962. Income. Conversion of a Component City into a Highly Urbanized City a. 6. Who creates. 17 of the LGC refers only to the physical mass of land area. b. b.ZPG & ASSOCIATES(Zambales. divided. not to the waters comprising a political entity. Bel-Air Village Association.average annual income of at least P20 million 3. (Sec. It excludes the waters over which the political unit exercises control (Tan vs. Autonomous Regions The Philippine Constitution mandates the creation of autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces. Art.a contiguous territory of at least 2000 square kilometers NOTE: ●BP 885.000 inhabitants 2. and geographical areas sharing common and distinctive historical and cultural heritage. Creation of Provinces a. 192 SCRA 100) 8. merged. the governing board of the MMDA.at least 200.Gonzales) city. There is no grant of authority to enact ordinances and regulations for the general welfare of the inhabitants of the metropolis. Substantive Requisites: 1. COMELEC. alone voted in favor of RA 6766. The IRAs are regular and recurring income and not merely special funds or transfers and/or budgetary aids from the national government or nonrecurring income. X. MMDA cannot open for public use a private road in a private subdivision (MMDA vs. 142 SCRA 727). but the component cities and municipalities shall retain their basic autonomy and shall be entitled to their own local executives and legislative assemblies. or its boundary substantially altered. Role. by law. 252 SCRA 695). PC) NOTE: ●RA 6734. cannot validly constitute the Autonomous Region of the Cordilleras. March 27. c.
000 sq. a de facto municipal corporation. Beginning of Corporate Existence When a new local government unit is created. city. 2. On the title to the property of the annexed territoryWhen a municipal corporation is annexed to another. 11.km 100 sq. Summary of Substantive Requirements in the Creation of LGUs LGU Created Income Populati on 2. 10. COMELEC. Likewise.000 but 5.Subject to what the legislature may provide upon annexation. abolition or substantial alteration of the boundaries of local government units must be approved by a majority of votes cast in a plebiscite in the political unit or units directly affected. 4. municipality. COMELEC. only the registered voters of the municipality sought to be converted into a component city. shall participate in the plebiscite. The income. Likewise. Oct.000 for Metro Manila and highly urbanize d cities 25. (Sec. (Padilla vs. But this rule applies only when the municipal corporation is. LGC) 14. 214 SCRA 735) ●In the conversion of a municipality into a component city. or barangay with which the local government unit sought to be abolished will be incorporated or merged. division and merger. the income classification of the original local government unit shall not fall below its current income classification prior to such division. On the laws and ordinances of the annexed corporation.000 or Land area 8 qualification of its chief executive and a majority members of the Sanggunian. as certified by the national agencies to Congress or to the Sanggunian concerned. No minimum requirem ent 2. it shall become subject to all the laws and ordinances by which the annexing corporation is governed.In the absence of any provision of law to the contrary.000. and 150. Abolition of LGUs A local government unit may be abolished when its income.Gonzales) other direct proceeding. (Sec. at least. the officers and employees of the annexed or consolidated territory shall terminate their official relation with their offices. not from the date of its approval when the law had not yet been published. 10 of the LGC provides that the creation. Since publication is indispensable for the effectivity of a law.000 250. the annexation of one municipal corporation to another will dissolve the annexed territory. (Cawaling vs. population or land area shall not be reduced to less than the minimum requirements. On the right of officers or employees of the annexed or consolidated territory to continue to hold their offices. It shall become part of the annexing corporation and will fall under the jurisdiction of the latter. however.5 million P100 million P50 million P20 million 50 sq.8.14. Such plebiscite shall be conducted by the COMELEC within 120 days from the date of the effectivity of the law. (Sec. Effects of Annexation/Consolidation of Municipal Corporations 1. ordinance abolishing an LGU shall specify the province. the annexing territory shall acquire title to the Barangay No minimum requirem ent No minimum requirem ent Municipal ity Compone nt City Highly Urbanize d City Province P2. LGC) 13. Division and Merger of LGUs The division and merger of local government units shall comply with the same requirements for their creation.ZPG & ASSOCIATES(Zambales. when a territory is annexed to a municipal corporation. the law or.Pablo. LGC) 12. population or land area has been irreversibly reduced to less than the minimum standards prescribed for its creation under the LGC. The completion of the publication of the law should be the reckoning point in determining the 120-day period within which to conduct the plebiscite. PLEBISCITE REQUIREMENT: Who shall participate Sec. unless some other date is fixed therefore by law or ordinance creating it. On the legal existence of the territory annexedUnless otherwise provided for by law. its corporate existence shall commence upon the election and . 26.9. a plebiscite can be scheduled only after the law creating a city took effect.000 or 200. 3.km. 2002) The plebiscite for the creation of a new province or municipality shall include the participation of the residents of the mother province or mother municipality in order to conform to the constitutional requirement.km.
the statutory grant of police power to local government units. The support for the poor has long been an accepted exercise of police power in the promotion of common good. Statutes. 25. The same rule applies of consolidation where the consolidating municipal corporation is held responsible for the indebtedness and obligations incurred by the territories which are consolidated. Classifications: a. e. NOTE: A local government unit may exercise delegated governmental powers: ●Police power (under the General Welfare Clause) ● Power of Taxation ● Power of Eminent Domain a. private or proprietary c. ●An ordinance extending burial assistance of P500 to a bereaved family whose gross income does not exceed P2. Powers in general 1. b. This power is organic and flexible.. Must not be unreasonable. GOVERNMENTAL POWERS: 1. B. ●Limitations: a. Execution of powers: a. forms part of a municipality from which it is taken. X. 5. Equal protection clause d.ZPG & ASSOCIATES(Zambales. 7160 c. The care for the poor is generally recognized as a public duty.It has been stated that debts and obligations of a municipal corporation contracted before its annexation to another territory shall be assumed by the annexing territory in the absence of any provision to the contrary. Mandatory and directory. Due process clause e. 15. 2. Express. On the debts and obligations of the annexed territory. Must not be unfair or oppressive. On the property.000 a month.Gonzales) property of the annexed territory at the time of annexation without compensation unless the annexing statute provides otherwise. except for protection of water supply c. however. but applies only in States which adhere to the doctrine. ministerial and discretionary 3. 3. Must not be contrary to the Constitution and the laws. when a municipal corporation is divided into two or more municipalities. Art. It would be otherwise if there exists an indebtedness on said buildings in which case. Where the statute prescribes the manner of exercise. Must not prohibit. Requisites for the validity of a municipal ordinance: 1. rights and obligations falling within its territorial jurisdiction. With regard to public buildings and improvements located in the annexed territory. 5. General Welfare Clause. Must not contravene the Constitution and any statute. Doctrine of the right of selfgovernment.A. each municipality acquires title to all the property. Sec. the annexing territory is not required to pay for said buildings or improvements as they have already been paid for by the annexed territory. and 6. the annexing state may be required to share in the payment of said indebtedness. Must not be partial or discriminatory. Art II: Secs. the legislature may provide for the payment of compensation for the indebtedness incurred on account of the property taken. Exercisable only within the territorial limits of the LGU. powers. 2. but may regulate trade which is not illegal per se.6 and 7.g. 4. R. IV. The police power of a municipal corporation is broad and commensurate with the duty to provide for the real needs of the people in their health. Sources: a. Effects of Division of LGUs On the legal existence of the original corporation: The division of municipal corporation extinguishes the corporate existence of the original municipality. the procedure must be followed. Must be general in application and consistent with public policy. Public or governmental. Intramural or extramural d. implied and inherent b. powers and rights of the original corporation: Unless the law provides otherwise. Where the annexed territory. has been upheld by the Supreme Court as a valid exercise of police power. . Express grant by law b. Where the statute is silent. Charter (particularly of cities) 9 d. 5.Pablo. Philippine Constitution b. local government units have discretion to select reasonable means and methods of exercise. GENERAL POWERS AND ATTRIBUTES OF LGUs A.
Gonzales) safety. 2. (Basco vs. b. and from each share in any joint effort in utilizing and developing the national wealth within the LGU’s jurisdiction and shall be remitted without need for further action to the local treasurer on a quarterly basis within five days after the end of every quarter. appropriate. forestry and fishery charges. Domingo. equipment and other assets and personnel of national agencies and offices. 4. 3. LGC—(a) Local government units shall endeavor to be self-reliant and shall continue exercising the powers and discharging the duties and functions currently vested upon them. The revenue collected pursuant to the provisions of the LGC shall inure solely to the benefit of. Fundamental Principles on Local taxation 1. not be unjust. Under the Constitution 1.ZPG & ASSOCIATES(Zambales. Phil. 3. c. the province shall receive . ●Shares in National Wealth 40% of the gross collection from mining taxes. X. 201 SCRA 508) 2. Taxes. LGUs shall receive 1% of the gross sale or receipts of the preceding calendar year and 40% of taxes. fees and charges (§5. PAGCOR being an instrumentality of the National Government is therefore exempt from local taxes. d. Art. for municipalities. charges and other impositions shall in no case be let to any private persons. The 40% IRA is allocated to LGUs as follows: for provinces and cities. ●Devolution refers to the act by which the national government confers powers and authority upon the various local government units to perform specific functions and responsibilities.34%. Art. national economic policy. be equitable and based as far as practicable on the taxpayer’s ability to pay. The collection of taxes. Taxation shall be uniform in each local government unit. Basic Services and Facilities: §17. charge or other imposition unless otherwise specifically provided herein. public policy. Each local government unit shall. fees. The procedural requirements of public hearing and publication must be observed for purposes of compliance with the requirements of due process. whichever is higher. and be subject to disposition by. (Binay vs. and convenience as consistently as may be with private rights. 197 SCRA 52) ●Main Sources of Revenues of LGUs A. No less than 20% of the IRA is allotted for development project by the local unit from the IRA. It extends to all the great public needs and in a broad sense includes all legislation and almost every function of the municipal government. X) 2. NOTES: ●Shares of LGUs in the proceeds of national taxes The share of the LGU in Internal Revenue Taxes is 40%. fees or charges that GOCCs would have paid if not tax exempt. share in the proceeds of the utilization and development of the national wealth within their areas (§7. for barangays. The Sanggunian 10 concerned through an ordinance has the power to impose a tax. This includes the transfer to the local government units of the records. the local government unit levying the tax. ●How National Wealth is Distributed If the national wealth is located in one province. Art. be levied and collected only for public purposes. Local government units shall likewise exercise such other powers and discharge such other functions and responsibilities as are necessary. fees. fee or charge. Under the Local Government Code 1. LGC) The exercise by local governments of the power to tax is ordained by the present Constitution (§5. charges and other impositions shall: a. or incidental to efficient and effective provision of the basic services and facilities enumerated under the Code.20%. royalties. not be contrary to law. Only guidelines and limitations that may be established by Congress can define and limit such power of local governments. share in the national taxesInternal Revenue Allotment 3. as far as practicable. oppressive or confiscatory. grants/aids ●All LGUs are empowered to create their own sources of revenue and to levy taxes.Pablo. They shall also discharge the functions and responsibilities of national agencies and offices devolved to them pursuant to this Code. excessive. taxes. or in restraint of trade. Constitution). floating of bonds 2. and 5. But local governments have no power to tax instrumentalities of the National Government. C. evolve a progressive system of taxation. PAGCOR.23%. X) B. comfort. fees and charges subject to the provisions on local taxation consistent with the basic policy of local autonomy. fee. Power to generate and apply resources (§18.
9. and such officer shall be accountable and responsible for said funds and for the safekeeping thereof in conformity with the provisions of law. Local government units shall ensure that their respective budgets incorporate the requirements of their component units and provide for equitable allocation of resources among these component units. be harmonized with national development plans. The additional limitations on the exercise of the power of eminent domain by LGUs are. 292 SCRA 676) ●The promulgation of the ordinance authorizing the local chief executive to exercise the power must be promulgated prior to the filing of the complaint for eminent domain with the proper court.70% and land area. 12. 3. City of Mandaluyong. Only after a valid and definite offer had been made to. (Heirs of Suguitan vs. The exercise by LGUs of the power of eminent domain are subject to the usual constitutional limitations such as necessity. as follows: 1. and operations of the local government units. 7. distribution shall be based on the following: population. 13. the owner. transactions. for the benefit of the poor and the landless.ZPG & ASSOCIATES(Zambales. Local revenue is generated only from the sources expressly authorized by law or ordinance. and not accepted by. Local governments shall formulate sound financial plans. Local budgets shall operationalize approved development plans. through an ordinance passed after .Gonzales) 20%. in terms of expected results. acting pursuant to a valid ordinance. The determination of whether there is genuine necessity for the exercise of the power of eminent domain is a justiciable question when exercised by the LGUs and generally a political question when exercised by Congress. Fundamental Principles of Local Fiscal Administration 1. All monies officially received by a local government officer in any capacity or on any occasion shall be accounted for as local funds. 6. RA 7160) A city or municipality may. 8. the component city/municipality shall receive 45% and the barangays 35%. LGC. NOTE: Private property already devoted to public use can still be a subject of expropriation by Congress but not by LGUs. If the national wealth is located in two or more LGUs. Every officer of the local government unit whose duties permit or require the possession or custody of local funds shall be properly bonded. VM Realty Corp. 5. The local government unit shall endeavor to have a balanced budget in each fiscal year of operation. 4. 11. 328 SCRA 137) NOTE: ●An LGU may immediately take possession of the property upon filing of expropriation proceedings and deposit in court of 15% of the FMV of the property. Reclassification of lands (§20. the HUC or ICC shall receive 65% and the barangays shall receive 35%. 4. unless otherwise provided by law. Local budget plans and goals shall. Fiscal responsibility shall be shared by all those exercising authority over 11 the financial affairs. 5. Exercised only by the local chief executive. LGC) The power to expropriate private property has been delegated by Congress to LGUs under §19. 3. and the local budgets shall be based on functions. (Municipality of Paranaque vs. 10. No money shall be paid out of the local treasury except in pursuance of an appropriation ordinance or law. 2.30%.Pablo.. and collection thereof shall at all times be acknowledged properly. private property. activities and projects. Other powers a. and not after the court shall have determined the amount of just compensation to which the defendant is entitled. goals and strategies in order to optimize the utilization of resources and to avoid duplication in the use of fiscal and physical resources. 4. 2. An LGU shall file a complaint for expropriation on the strength of an ordinance and not a mere resolution passed by the Sanggunian. National planning shall be based on local planning to ensure that the needs and aspirations of the people as articulated by the local government units in their respective local development plans are considered in the formulation of budgets of national line agencies or offices. D. taking. Local government funds and monies shall be spent solely for public purposes. Trust funds in the local treasury shall not be paid out except in fulfillment of the purpose for which the trust is created or the funds received. For public use or purpose or welfare. just compensation and due process of law. Eminent Domain (§19. as far as practicable. public use. If the national wealth is located in highly urbanized city or independent component city.
and other health facilities. iv. commercial or industrial purposes as determined by the sanggunian. and v. upon the recommendation of the sangguniang barangay concerned. iv. secondary and vocational or technical schools. provided that in case of permanent closure. avenues. such ordinance must be approved by at least 2/3 of all the members of the sanggunian. and v. places. Naming of LGUs. or buildings shall be named after a living person. The property may be used or conveyed for any purpose for which other real property may be lawfully used or conveyed. nor may a change of name be made unless for a justifiable reason and.Pablo. provided that such reclassification shall be limited to the following percentage of the total agricultural land area at the time of the passage of the ordinance: ●for highly urbanized cities and independent component cities: 15% ●for component cities and 1st to 3rd class municipalities: 10% ●for 4th and 6th class municipalities: 5% ●Provided that agricultural land distributed to land reform beneficiaries shall not be affected by such reclassification. in any case. Where the land shall have substantially greater economic value for residential. thoroughfares and bridges. NOTES: ●None of the foregoing local government units. iii.ZPG & ASSOCIATES(Zambales. Public elementary. City barangays. thoroughfares. fiesta celebrations. boulevards.Gonzales) conducting public hearings for the purpose. ii. Closure and opening of roads (§21. ii. public rallies. secondary and vocational or technical schools. Any other public place or building owned by the provincial government. streets and structures 1.The sanggunians of HUCs and ICCs may change the name of the following within its territorial jurisdiction: i. RA 7160) A local government unit may. Provinces. health centers and other health facilities. postsecondary and other tertiary schools. ●Temporary closure may be made during an actual emergency. City hospitals. not oftener than once every ten years. avenues. and bridges. ii. pursuant to an ordinance. boulevards. permanent or temporarily close or open any local road. upon the recommendation of the sangguniang concerned. When the land ceases to be economically feasible and sound for agricultural purposes as determined by the Department of Agriculture. ii. municipal and barangay roads. ii. community colleges and non-chartered colleges. upon recommendation of the sangguniang barangay concerned. City. boulevards. Any other public place or building owned by the municipal government. avenues. iv. City and municipal barangays. b. Provincial hospitals. etc. Component cities and municipalities. c. Provincial roads. but no freedom park shall be closed permanently without provision for its transfer or relocation to a new site. or square falling within its jurisdiction. Adequate provision for the maintenance of public safety must be made. iii. thoroughfares. may authorize the reclassification of agricultural lands and provide for the manner of their utilization or their disposition: i. NOTE: ●Additional limitations in case of permanent closure: i. City and municipal public elementary. health centers. Public vocational or technical schools and other post secondary and tertiary schools. Any other public place or building owned by the city government. City and municipal hospitals.The sangguniang panlalawigan may change the name of the following within its territorial jurisdiction: 12 i. health centers and other health facilities. and v. 2. park. The . and when necessary. institutions. alley. Highly Urbanized and Independent Component Cities. public places. iii. Component Cities and MunicipalitiesThe sanggunians of component cities and municipalities may change the name of the following within its territorial jurisdiction: i. 3. and adequate substitute for the public facility shall be provided. City roads. and bridges.
Boundary disputes involving two or more barangays in the same city or municipality shall be referred for settlement to the sangguniang panlungsod or sangguniang bayan concerned. the disputed area prior to the dispute shall be maintained and continued for all legal purposes. (§13. LGC) e. any party may elevate the decision of the sanggunian concerned to the proper Regional Trial Court having jurisdiction over the area in dispute. 6. but may regulate trade 5. (§119. Procedure: In the event the sanggunian fails to effect an amicable settlement within 60 days from the date the dispute was referred thereto. ●A change of name of a public school shall be made only upon the recommendation of the local school board concerned. Resolution. Boundary disputes involving a component city or municipality on the one hand and a highly urbanized city on the other. Products of legislative action 1. the Office of the President. to be administered and controlled by a National Police Commission. If the local chief executive vetoes the same. or expresses sentiment. c.prescribes a rule of conduct. Within the time and manner prescribed by the Rules of Court. and the veto is overridden by 2/3 vote of all the members of the sanggunian. Must be general in application and consistent with public policy. it shall issue a certification to that effect. To this end: a. ●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. sangguniang panlungsod or sangguniang bayan shall be approved: If the local chief executive approves the same. as much as possible. Authority over police units (§6. Thereafter. and other health facilities shall be made only upon the recommendation of the local health board concerned. ●A change of name of public hospitals. cultural. Must not be unreasonable 6. Must not contravene the Constitution and any statute 2. XVI. which shall be national in scope and civilian in character. and the Bureau of Posts shall be notified. •Approval of ordinances: Ordinances passed by the sangguniang panlalawigan. Must not prohibit. any party may elevate the decision of the sanggunian concerned. The authority of local executives over the police units in their jurisdiction shall be provided by law. the dispute shall be formally tried by the sanggunian concerned which shall decide the issue within 60 days from the date of the certification referred to above. Philippine Constitution) The State shall establish and maintain one police force. LOCAL LEGISLATIVE POWER A. LGC) d. Boundary disputes involving municipalities or component cities of different provinces shall be jointly referred for settlement to the sanggunians of the provinces concerned. affixing his signature on each and every page thereof.Gonzales) name of a local government unit or a public place. Ordinance.Pablo. Requisites for validity: 1. or ethnic significance shall not be changed. or two or more highly urbanized cities. Pending final resolution of the case. Boundary disputes involving two or more municipalities within the same province shall be referred for settlement to the sangguniang panlalawigan concerned. Art. 2. B. . health centers.of temporary character. The Regional Trial Court shall decide the appeal within one (1) year from the filing thereof. ●In any change of name. be settled amicably. Must not be partial or discriminatory 4. b. street or structure with historical. Must not be unfair or oppressive 3. shall be jointly referred for settlement 13 to the respective sanggunians of the parties. RA 7160): Boundary disputes between and among local government units shall. unless by a unanimous vote of the sanggunian concerned and in consultation with the Philippine Historical Commission.ZPG & ASSOCIATES(Zambales. d. the representative of the legislative district concerned. Settlement of boundary disputes (§118 a-d.
(§54) 11.Pablo. The sanggunian may override the veto by 2/3 of all its members. 1997) NOTES: 1. b. ●Such relationship includes: i.ZPG & ASSOCIATES(Zambales. Unless concurred in by 2/3 vote of the members present. Ordinances enacted by the sangguniang barangay shall. 2. valid. The governor or mayor may veto any item in the following cases: a. The grounds for veto are: a. it shall declare such ordinance or resolution invalid in whole or in part. a member may be censured. (§50) 4. 12. reprimanded. The sangguniang panlalawigan shall review the same within 30 days. An ordinance shall be approved by the local chief executive by affixing his signature in each and every page thereof. no matter may be reconsidered at the special session except those stated in the notice. upon assumption of office shall make a full disclosure of his business and financial interests. The vice governor. otherwise. Particular item or items in an appropriations ordinance b. (§51) 5. the vice mayor and the punong barangay shall be the presiding officer of the sanggunians but shall vote only in case of tie. Ordinance adopting a local development plan and public investment program c. A member sentenced by final judgment to imprisonment for at least one year for a crime involving moral turpitude shall be automatically expelled. or expelled. the petitioner argued that his signature on the resolution was merely ministerial. excluded from the session. Every sanggunian member. the secretary of the sangguniang panlungsod (in component cities) or sangguniang bayan shall forward to the sangguniang panlalawigan for review copies of approved ordinances and resolutions approving the local development plans and public investment programs formulated by the local development councils. 8. The veto shall be communicated to the sanggunian within 15 days in the case of a province and 10 days in the case of a city or municipality. The sangguniang panlungsod or bayan shall review sangguniang . the members shall elect a temporary presiding officer from among themselves. G. Or that it is prejudicial to public welfare 10. Ordinance directing the payment of money or creating liability. 13. If no action is taken within 30 days.Gonzales) ●Where petitioner was charged with falsification of a public document for approving a resolution which purportedly appropriated money to pay for the terminal leave of 2 employees when actually no such resolution was passed. 121215. Contracts with any person to which the ordinance may apply ●Conflict of interests refers to a situation where a sanggunian member may not act in the public interest due to personal consideration that may affect his judgment to the prejudice of the public. saying that the grant of the veto power accords the Mayor the discretion whether or not to approve the resolution. (§56) Procedure: Within 3 days after approval. (§53) 7. suspended for not more than 60 days. (De Los Reyes vs. upon approval by a majority of all its members. The Supreme Court disagreed. (§49) 3. The sangguniang panlalawigan shall review ordinances and resolution of cities and municipalities to determine if they are within their power. A majority of all the members of the sanggunian shall constitute a quorum. Review a. financial or professional relationship or any relationship within the 4th degree which he may have with anyone affected by any ordinance or resolution of the sanggunian which involves a conflict of interests. the ordinance or resolution is presumed consistent with law. Nov. (§55) 9. The ordinance is ultra vires b. A special session may be called by the local chief executive or a majority of the sanggunian members. (§52) 14 6. be signed by the Punong Barangay. For disorderly behavior and absence without justifiable cause for 4 consecutive sessions. Sandiganbayan. Investment in the entity to which the ordinance may apply ii. the ordinance shall be deemed approved. if it finds that the ordinance or resolution is beyond the power conferred upon the sangguniang panlungsod or sangguniang bayan concerned.R. and therefore. Suspension or expulsion shall require concurrence of at least 2/3 of all sanggunian members. He shall also disclose any business. The latter has no veto power. In case of inability of the presiding officer. as if he signed it.
tangible 15 or intangible property. the municipal resolution effectively terminated the agreement. Effectivity a. but only for the duration of an emergency (Espiritu vs. To acquire and convey real or personal property a. board. 5. RA 7160) 1. implied or inherent power to enter into the particular contract. amendment or modification. 13. 14. they may be occupied temporarily. And. thus. ii. no contract may be entered into by the local chief executive on behalf of the local government unit without prior authorization by the sangguniang concerned. the ordinance shall be posted in all municipalities and cities of the province where the sanggunian of origin is situated.Gonzales) barangay ordinances to determine if they are lawful. Requisites of a valid municipal contracts i. In the absence of proof that the property was acquired through corporate or private funds. the sangguniang barangay shall furnish copies of all barangay ordinances to the sangguniang panlungsod or sangguniang bayan for review. c. in addition to posting. c. Rebuco vs. Villegas. A public plaza is beyond the commerce of man. (§57) ●Procedure: Within 10 days from enactment.. even assuming the existence of a valid lease of the public plaza or part thereof. etc. iii. If the reviewing sanggunian finds the barangay ordinances inconsistent with law or city or municipal ordinances. 48 SCRA 734. If no action is taken by the sangguniang panlungsod or sangguniang bayan within 30 days. donation. The contract must comply with the formal . b. the ordinance is deemed approved. (§59 C. 866). e. it shall be published in any newspaper of general circulation. Jarencio. The local government unit has the express.ZPG & ASSOCIATES(Zambales. To sue and be sued 3. after the disapproval thereof. for it is settled that the police power cannot be surrendered or bargained away through the medium of a contract (Villanueva vs. Castaneda. return the same with its comments and recommendations to the sangguniang barangay for adjustment. in any manner allowed by law. shall be sufficient ground for the suspension or dismissal of the official or employee concerned. Town plazas are properties of public dominion. upon proper authority.g.Pablo. Unless otherwise provided by the Code. 102 Phil. Unless otherwise stated in the ordinance. To have continuous succession in its corporate name 2. municipal or barangay hall and two other conspicuous places. is governmental or public property. the presumption is that it came from the State upon the creation of the municipality and. sale. the main features of the ordinance shall be published in a local newspaper of general circulation. the sangguniang concerned shall. Corporate Powers (§22. 154 SCRA 142). The contract must comply with certain substantive requirements.e. when expenditure of public fund is to be made. (Salas vs. iv. The contract is entered into by the proper department. committee. Municipal Council of Pozorrubio. within 30 days from receipt thereof. b. officer or agent. Enforcement of disapproved ordinances/resolutions: Any attempt to enforce an ordinance or resolution approving the local development plan and public investment program.. Power to enter into contracts a. Pangasinan. The local government unit may alienate only patrimonial property. The gist of all ordinances with penal sanction shall be published in a newspaper of general circulation in the province. To have and use a corporate seal 4. it shall take effect after 10 days from posting at the provincial capitol or city. in which case the effetivity of the ordinance is suspended until the revision called for is effected. In the absence of such newspaper. In the absence of such newspaper. The local government unit may acquire real or personal. In highly urbanized and independent component cities. there must be an actual appropriation and a certificate of availability of funds. 55 SCRA 656) d. e. i. and cannot be the subject of lease or other contractual undertaking.
●Ordinarily. local government unit is liable. To exercise such other powers as are granted to corporations. RA 7160.g. General RuleA municipal corporation. Liability for Tort 16 a. the same is ultra vires and is null and void. If the local government unit is engaged in governmental functions. the councilors themselves are not liable for the negligence of their employees or agents. 6. like an ordinary person. from local and foreign assistance agencies without necessity of securing clearance or approval from any department. therefore. (Torio vs. 147 SCRA 447). If the contract is ultra vires. that projects financed by such grants or assistance with national security implications shall be approved by the national agency concerned. 34. through the Mayor. §24. Art. 2180.Pablo. bridges. Personal Liability of local officials 3. 243 SCRA 152). implies an obligation to do justice with respect to the same.The State is responsible when it acts through a special agent. in support of the basic services and facilities enumerated under §17. Art. was held liable for the death of a member of the zarzuela group when the stage collapsed. 4.000. is liable on a contract it enters into. the doctrine of estoppel does not lie against municipal corporation. 2. streets.Liability for damagesLocal government units and their officials are not exempt from liability for death or injury to persons or damage to property. 85 SCRA 599) c. was held in contempt and fined P1. Agusan del Sur. Pangasinan. NCC. negotiate and secure financial grants or donations in kind. The Municipality of Malasique.The local government unit is liable in damages for death or injuries suffered by reason of the defective condition of roads. Liability for contracts a. Specific provisions making LGUs liable: a. If engaged in proprietary functions. NCC. it is NOT liable. upon authority of the sanggunian.00 with a warning. provided that the contract is intra vires. Art. IAC. Liability for violation of law Case: The Municipality of Bunawan. c. While the municipality was held liable. independent of an express contract. b. Fontanilla.. subject to limitations provided in the Code and other laws. e. Ultra vires contracts When a contract is entered into without compliance with the first and the third requisites (above). d. (par. agency.Gonzales) requirements of written contracts. the munipal corporation is not liable.6). under the principle of respondeat superior. b. Authority to negotiate and secure contracts (§23. b. NOTES: ●A private individual who deals with a municipal corporation is imputed constructive knowledge of the extent of the power or authority of the municipal corporation to enter into contracts. RA 7160) The local chief executive may. Provided. c. MUNICIPAL LIABILITY A. The doctrine applies to all cases where money or property of a party is received under such circumstances that the general law. b. public buildings and other public works. the Statute of Frauds. Doctrine of Implied Municipal LiabilityA municipality may become obligated upon an implied contract to pay the reasonable value of the benefits accepted or appropriated by it as to which it has the general power to contract (Province of Cebu vs. ●Holding of town fiesta is a proprietary function.ZPG & ASSOCIATES(Zambales. or office of the national government or from any higher local government unit. . Ratification may be express or implied. CA.The local government unit is subsidiarily liable for damages suffered by a person by reason of the failure or refusal of a member of the police force to render aid and prosecution in case of danger to life and property. NCC. because of the refusal of the Mayor to abide by a Temporary Restraining Order issued by the Court (Moday vs. NOTE: ●The municipal council managed the town fiesta. Ratification of defective municipal contracts is possible only when there is non-compliance with the second and/or fourth requirements above. 2189. V. Such contract cannot be ratified or validated.
ELECTIVE LOCAL OFFICIALS 1. RA 7160: Prohibited business and pecuniary interest. d. or by virtue of a legal process at the instance of the said local government unit. Provisions applicable to elective and appointive officials 1. to: a. out of the resources of the local government unit to such person or firm. Candidates for mayor and vice mayor of component cities and municipalities. Candidates for sanggunian members in component cities and municipalities. ●The LGC does not specify any particular date when the candidate must possess Filipino citizenzship. Age i.Gonzales) Thus. the Province of Cebu is estopped to question its validity for the purpose of denying answerability. officials. iii.It shall be unlawful for any local government official or employee.at least 18 years old iv. the Province of Cebu cannot set up the plea that the contract was ultra vires and still retain benefits thereunder. No elective or appointive local official shall be eligible for appointment or designation to any public office during his tenure. §89. directly or indirectly. iv. Since Frivaldo took his oath of allegiance on June 30.at least 18 years old v. Possess or use any public property of the local government unit for private purposes. Practice of Profession (§90. VI. or attorneys. Hold such interests in any cockpit or other games licensed by a local government unit. Having regarded the contract as valid for purposes of reaping benefits. b.Pablo. 271 SCRA 767). or property or any other thing of value is to be transferred. b. Case: It was held that by appearing as counsel for dismissed employees. Purchase any real estate or other property forfeited in favor of such local government unit for unpaid taxes or assessment. when his application for repatriation was granted by the Special committee on Naturalization created under PD 825. no candidate who lost in any election should be appointed to any office within one year after election. Common qualifications: i. DILG. not of candidates (Frivaldo vs.at least 21 years old iii. Registered voter of the local government unit. Governors or mayors are prohibited from practicinìstrative proceedings involving the local government unit of which he is an official. RA 7160) a. agents. RA 7160) a. f. City Councilor Javellana violated the prohibition against engaging in private practice if such practice represents interests adverse to the government. Barangay officials. Philippine citizenship is required to ensure that no alien shall govern our people. Ability to read and write Filipino or any other local dialect.ZPG & ASSOCIATES(Zambales. Unless otherwise allowed by law or by the primary function of his office.must be possessed on the day of the election. or of the district where he intends to be elected in the case of the members of the sanggunian. . LOCAL OFFICIALS A.at least 15-21 years NOTES: ●Age. Besides. Resident therein for at least one year immediately before the election iv. §39 of the LGC speaks of qualifications of elective officials. whereby money is to be paid. Be a surety for any person contracting or doing business with the local government unit for which a surety is required. Use property and personnel of the government except when the sanggunian member is defending the interest of the government. COMELEC. The prohibitions and inhibitions prescribed in RA 6713 also apply. 3. 2. directly or indirectly. Engage in any business transaction with the local government unit in which he is an official or employee or over which he has the power of supervision. Qualifications: a. Physicians may practice their profession even during office hours only on emergencies and without monetary compensation. Candidates in provinces and highly urbanized cities. Sangguniang Kabataan. b. (Javellana vs.at least 23 years old ii. B. in this case. Except for losing candidates in barangay elections. and e. Filipino Citizen ii. 212 SCRA 475) 17 b. or with any of its authorized boards. Prohibition against appointment (§94. c. An official begins to govern only upon his proclamation and on the day that his term begins. he was therefore qualified to be proclaimed. no elective or appointive local official shall hold any other office. 1995. c.
The phrase “not more than 21 years old” is not equivalent to “less than 22 years old” (Garvida vs. G. and g. 5. Ranking in the sanggunian shall be determined on the basis of the proportion of the votes obtained to the number of registered votes in each district. 2. 1992. Disqualifications (§40. unless otherwise provided by law. starting from noon of June 30. d. Fugitives from justice in criminal or non-political cases here or abroad. dies. a. Second highest ranking sangguniang barangay member c. indigenous cultural communities. RA 7160). RA 7160) A. Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one year or more of imprisonment. except that of elective barangay officials. The presidents of the leagues of sanggunian members of component cities and municipalities shall serve as ex officio members of the sangguniang panlalawigan concerned. a person who was elected Vice Mayor in 1988 and who. (§44) . The insane or feeble-minded. Those removed from office as a result of an administrative case. or any other sector as may be determined by the sanggunian concerned within 90 days prior to the holding of the next local elections as may be provided by law. panlungsod and bayan shall be elected by district. Governor and Mayor i. which shall begin after the regular election of barangay officials on the second Monday of May. c. disabled persons. even if elected as such in 1992 and 1995 (Borja v. b. Comelec. refuses to assume office. b. became Mayor in 1989. Date of Election Every three years on the second Monday of May. The Comelec shall promulgate the rules and regulations to effectively provide for the election of such sectoral representatives. fails to qualify. c. f.R.Pablo. because of the death of the Mayor. The sangguniang kabataan chairman shall be elected by the registered voters of the katipunan ng kabataan. Highest ranking sanggunian member ii. as may be provided by law. and one from any of the 18 following sectors: urban poor. vice-governor. is removed from office. may still be eligible to run for the position of Mayor in 1998. The regular members of the sangguniang panlalawigan. Sept. Rules on Succession (§44-46. The presidents of the liga ng mga barangay and the pederasyon ng mga sangguniang kabataan elected by their respective chapters. city or municipal mayor. voluntarily resigns.ZPG & ASSOCIATES(Zambales. Those convicted by final judgment for violating the oath of allegiance to the Republic. there shall be one sectoral representative from the women. No local elective official shall serve for more than three consecutive terms in the same position. 4. e. 1997. within two years after serving sentence. 8524) ●The three-term limit on a local official is to be understood to refer to terms for which the official concerned was elected. d. Permanent vacancies: A permanent vacancy arises when an elective local official fills a higher vacant office. city or municipal vice-mayor and punong barangay shall be elected at large in their respective units. In addition. panlungsod or bayan. or is permanently incapacitated to discharge the functions of his office. Sanggunian members according to ranking b. Manner of Election a. Sales). 3. The term of office of barangay officials and members of the sangguniang kabataan shall be for five years.A. 1998). 3. or such date as may be provided by law.Gonzales) ●Petitioner was over 21 years of age on the day of the election was ordered disqualified by the Supreme Court when the latter rejected the contention of the petitioner that she was qualified because she was less than 22 years old. Vice Governor and Vice Mayor ii. 6. No. Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of the Code. 133495. Ties will be resolved by drawing of lots. one from the workers. Punong barangay i. The governor. Term of Office Three years. Those with dual citizenship. Thus. (R.The following are disqualified from running for any elective local position: a. shall serve as ex officio members of the sangguniang panlalawigan.
d. 7. iv. City level: All punong barangay and sangguniang barangay members in the city. suspend or dismiss employees. Case: It was held that notice to all the members of the Preparatory Recall Assembly is imperative. vii. The authorization shall specify the powers of the officer-incharge except the power to appoint. Procedure for initiating recall by preparatory recall assembly A majority of all the preparatory recall assembly members may convene in session in a public place and initiate a recall proceeding against any elective official in the local government unit concerned. Component city and municipalityappointment by governor iii. If the local chief executive does not issue the authorization. allowances and other emoluments as may be provided by law or barangay. the appointee shall be recommended by the sanggunian. By a preparatory recall assembly ii. R. Sangguniang barangayappointment by mayor iv. The appointee for the sangguniang barangay shall be recommended by the sangguniang barangay. By whom exercised. and in cases where sangguniang panglungsod members are elected by district. Except for the sangguniang barangay. suspend or dismiss employees. vice mayor. all elective municipal officials in the district. municipal or city ordinance. the vice governor. When the local chief executive is traveling within the Philippines for not more than 3 consecutive days. highly urbanized cities and independent component citiesappointment by the President ii. b. iii. When the governor. all elective barangay officials in the district. ii. 7160) b.termination of official relationship of an elective official for loss of confidence prior to the expiration of his term through the will of the electorate. 6758 (Compensation and Position Classification Act of 1989). Compensation (§81. By the registered voters of the local government unit c. vice mayors and sanggunian members of the municipalities and component cities.000 per month for the punong barangay and P600 for the sangguniang barangay members. the same is fatally flawed (Garcia vs. Provinces. including the cumulation and commutation thereof.A. a. and any appointment without such nomination and certificate shall be null and void and shall be a ground for administrative action against the official concerned. Recall of provincial. the appointee shall come from the political party of the member who caused the vacancy. where the resolution was adopted without giving notice to all the members of the PRA. (§69. Recall. Sanggunian: i. The elective barangay officials shall be entitled 19 to receive honoraria. he may designate an officer-incharge.by the registered voters of a local government unit to which the local elective official subject to such recall belongs. which can only be exercised after 30 working days. the vice governor. NOTE: ● A nomination and a certificate of membership of the appointee from the highest official of the political party concerned are conditions sine qua non. Two modes of initiating recall: i. (§46) 7. Legislative district level: Where sangguniang panlalalwigan members are elected by district. 7160) The compensation of local officials and personnel shall be determined by the sanggunian concerned. Provincial level: All mayors.ZPG & ASSOCIATES(Zambales. vice mayor. subject to the provisions of R. ●Elective local officials shall be entitled to the same leave privileges as those enjoyed by appointive local officials. mayor or punong barangay is temporarily incapacitated to perform his duties. thus. v. vi. (§45) B. but in no case less than P1. city or municipal officials shall be validly initiated through a resolution adopted by a majority of all the members of the preparatory recall assembly concerned during its session called for that purpose.Pablo. or highest ranking sangguniang barangay member shall assume his powers on the fourth day of his absence.Gonzales) e. Temporary vacancy a. If the member does not belong to any party. Vacancy in the representation of the youth and the barangay in the sanggunian shall be filled by the official next in rank of the organization.A. c. or ranking sangguniang barangay member shall exercise his powers except the power to appoint. . Preparatory recall assemblycomposed of the following: i. Municipal level: All punong barangay and sangguniang barangay members in the municipality.A. R.
●The official sought to be recalled is automatically a candidate. vi. Disloyalty to the Republic of the Philippines. Any elective local official may be the subject of a recall election only once during his term of office for loss of confidence. Dishonesty. oppression. e. The President. f. October 5. act upon. municipality or barangay.R. R. b. in case of barangay officials. shall be filed with the Comelec through its office in the local government unit concerned. R.A. However. Unauthorized absence for 15 consecutive working days. 111511. The governor. 7160) a. 20 9. v. iv. Application for. bayan and barangay. 2. Comelec. municipal or barangay official may also be validly initiated upon petition by at least 25% of the total number of registered voters in the local government unit concerned during the election in which the local official sought to be recalled was elected. Upon the lapse of the aforesaid period. 11. R. c. No.Gonzales) Comelec. The city or municipal mayor. in Malonzo vs. Irrevocable resignation sanggunian members takes upon presentation before an session. Abuse of authority. city. whose decision shall be final and executory. the Comelec or its duly authorized representative shall announce the acceptance of candidates to the position and thereafter prepare the list of candidates which shall include the name of the official sought to be recalled. e. city mayors and vice mayors of component cities. shall be filed before the sangguiniang panlungsod or sangguniang bayan concerned. vii. Grounds for disciplinary action: An elective local official may be disciplined. 7160)The local chief executive shall establish a procedure to inquire into.R.A. suspended. Resignation takes effect acceptance. iii. or removed from office on any of the following grounds: i. Culpable violation of the Constitution iii. No recall shall take place within one year from the date of the official’s assumption to office or one year immediately preceding a regular local election. Notice of Hearing (§62. Commission of any offense involving moral turpitude or an offense punishable by at least prision mayor.A. G. the Office of the President or the sanggunian concerned as the case may be. Grievance Procedure (§83.A. ii.Pablo. city. as the case may be. for the purpose of verifying the authenticity and genuineness of the petition and the required percentage of voters. 1997. Initiation of recall by registered voters: Recall of a provincial. ii. or dereliction of duty. G. it was held that where the Comelec has already conducted an investigation and found the initiatory recall proceedings to be in accord with law. foreign citizenship or residence or the statusì Elective barangay officials. Discipline (§60-68. and in a public place in the province. ●The elective local official sought to be recalled shall not be allowed to resign while the recall process is in progress. and mayors and vice mayors of highly urbanized cities and independent component cities.(a) Within 7 days after the administrative complaint is filed. Resignation of elective local officials shall be deemed effective only upon acceptance by the following authorities: a. Sanggunian concerned. ●Effectivity: c. in case of sangguniang members. shall require the respondent to submit his verified answer within 15 days from . ●Limitations on Recall: 1. 127066. It is deemed accepted if not upon within 15 working days. (§82. or acquisition of. c. there is no necessity for the Supreme Court to refer the matter of the veracity of the questioned notices back to the Comelec. panlungsod. 7160). The Comelec or its duly authorized representative shall cause the publication of the petition in a public and conspicuous place for a period of not less than 10 days nor more than 20 days. vice governors. March 11. and d. except in the case of members of the sangguniang panlalawigan. and in the presence of a representative of the petitioner and representative of the official sought to be recalled. No. R. misconduct in office. in case of governors. in case of municipal mayors and vice mayors.ZPG & ASSOCIATES(Zambales. d. A written petition for recall duly signed before the election registrar or his representative. gross negligence. 7160) upon acted by effect open 10. ●Recall shall be effective upon the election and proclamation of successor receiving the highest number of votes. Procedure: i. resolve or settle complaints and grievances presented by local government employees. 1993).
he was deemed to have waived his right to answer and to present evidence.Gonzales) receipt thereof. Rights of respondent (§65. By the governor. and c. 6770. When may be imposed: Preventive suspension may be imposed at any time: a. if the respondent is an elective official of a province. Within 30 days after the end of the investigation. Case: When the petitioner failed to file his answer despite the many opportunities given to him.ZPG & ASSOCIATES(Zambales.A. For all other local elective officials. and no preventive suspension shall be imposed prior to the 90-day period immediately preceding local election. 1995). (b) When the respondent is an elective official of a province or highly urbanized city. c. if the respondent is an elective official of the barangay. Given the gravity of the offense. and to require the attendance of witnesses and the production of documentary evidence in his favor through compulsory process of subpoena or subpoena duces tecum. 290 SCRA 279). When the evidence of guilt is strong. he cannot be suspended for more than 90 days within a single year on the same ground or grounds existing and known at the time of the first suspension. h. and commence the investigation of the case within 10 days after the receipt of such answer of the respondent.R. 2. G. b. the Office of the President or the sanggunian concerned shall render a decision in writing stating clearly an distinctly the facts and the reasons for such decision. Torres. d. By the President. f. such hearing and investigation shall be conducted in the place where he renders or holds office. there is great probability that the continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence. no investigation shall be held within 90 days immediately prior to any local election. 108072. the venue shall be the place where the sanggunian concerned is located. Form and notice of decision (§66a. no. it shall be deemed automatically lifted upon the start of aforesaid period. but. By the mayor. the respondent shall be deemed reinstated in office without prejudice to the continuation of the proceedings against him. Preventive Suspension 1. (c) However. 7160) The investigation of the case shall be terminated within 90 days from the start thereof. the issues were deemed joined. The authority to preventively suspend is exercised concurrently by the Ombudsman. . R. to confront and cross-examine the witnesses against him. 7160) The respondent shall be accorded full opportunity to appear and defend himself in person or by counsel. R. Who may impose: a. 7160) The respondent official preventively suspended from office shall receive no salary or compensation during such suspension. and in the event several administrative cases are filed against the respondent. ●Provided that any single preventive suspension shall not extend beyond 60 days. which shall be terminated within 120 days from the time he was formally notified of the case against him. R.A. a highly urbanized or an independent component city. the same law authorizes a preventive suspension of six months (Hagad vs.A. Gozo-Dadole. Dec. ●Any abuse of the exercise of the power of preventive suspension shall be penalized as abuse of authority. After the issues are joined. e. if the respondent is an elective local official of a component city or municipality. At that point. g. Suspended elective official when deemed reinstated Upon expiration of the preventive suspension. b. pursuant to R. inasmuch as the Secretary found that the evidence of guilt was strong and that continuance in office could influence the witnesses and pose a threat to the safety and integrity of the evidence against him (Joson vs. 12.Pablo.A. and it was proper for the 21 Executive Secretary to suspend him. Salary of respondent pending suspension (§64. he shall be paid full salary or compensation including such emoluments accruing during such suspension. Copy of said decision shall immediately be furnished the respondent and all interested parties. Penalty The penalty of suspension imposed upon the respondent shall not exceed his i. upon subsequent exoneration and reinstatement.
Accountant e. i. Presidential power to grant executive clemency m. Treasurer c. the Supreme Court pointed out that Administrative Order No. Veterinarian t. Health Officer i. Provided that the local chief executive may employ emergency or casual employees or laborers paid on a daily wage or piecework basis and hired through job orders for local projects authorized by the sanggunian concerned. in the case of decisions of component cities’ sangguniang panlungsod and the sangguiniang bayan. Guingona. appeal of the decision of the Sangguniang Panlalawigan to the Office of the President (Malinao vs. guidelines and standards as the Civil Service Commission may establish. 18 authorizes the Office of the President to stay the execution of a decision pending appeal. 3. Commission on Audit. Cities and Provinces (§469-490. the respondent shall be considered as having been placed under preventive suspension during the pendency of the appeal. because under §471 of the Local Government Code. Cooperatives Officer r. Case: The Supreme Court upheld the imposition of the administrative penalty of suspension of not more than 6 months for each offense. The sangguniang panlalawigan. 22 shall be responsible for human resources and development in his unit and shall take all personnel actions in accordance with the Constitution.e. 2. Legal Officer l. . Administrative discipline Investigation and adjudication of administrative complaints against appointive local officials and employees as well as their suspension and removal shall be in accordance with the civil service law and rules and other pertinent laws. C. Secretary to the Sanggunian b. 18 was not repealed by the Local Government Code.ZPG & ASSOCIATES(Zambales. Case: But the Provincial Governor is without authority to designate the petitioner as Assistant Provincial Treasurer for Administration. pertinent laws. The suspension did not amount to removal from office (Salalima vs. R. the mandated appointive officials are the Barangay Secretary and the Barangay Treasurer. Case: The Supreme Court ruled that certiorari will not lie because there is still an adequate remedy available in the ordinary course of law.. Planning and Development Coordinator g. 255 SCRA 616). General Services Officer NOTE: ●In the barangay. Assessor d. Social Welfare and Development Officer n.Gonzales) unexpired term. Civil Registrar j.Decisions may.Pablo. Officials common to all Municipalities. But in Berces vs. Execution pending appeal An appeal shall not prevent a decision from being executed.A. provided that the successive service of the sentence should not exceed the unexpired portion of the term of the petitioners. it is the Secretary of Finance who has the power to appoint Assistant Provincial Treasurers from a list of recommendees of the Provincial Governor (Dimaandal vs. j. although other officials of the barangay may be appointed by the punong barangay.O. Information Officer q. without need of approval or attestation by the CSC as long as the said employment shall not exceed 6 months. within 30 days from receipt thereof. ii. The Office of the President. Budget Officer f. But the penalty of removal from office as a result of an administrative investigation shall be a bar to the candidacy of the respondent for any elective position. k. 241 SCRA 539. nor shall said penalty be a bar to the candidacy of the respondent as long as he meets the qualifications required for the office. No. 257 SCRA 55). 291 SCRA 322). 7160) a. Population Officer s. Architect p. Administrator k. in the case of decisions of the sangguniang panlalawigan and the sangguniang panlungsod of highly urbanized cities and independent component cities. Reyes. Engineer h. Executive Secretary. Administrative appeal.The local chief executive l. A. Agriculturist m. or a period of 6 months for every administrative offense. Decisions of the Office of the President shall be final and executory. Environment and Natural Resources Officer o. Appointive Local Officials 1. including such policies. be appealed to: i. Effect of re-election The re-election of a local official bars the continuation of the administrative case against him. Responsibility for human resources and development.
Defined. the proponents. the Comelec shall certify as to whether or not the required number of signatures has been obtained. The proposition shall be numbered serially. may invoke their power of initiative. It may be exercised by all registered voters of the provinces. If the required number is obtained. Upon the lapse of the period.ZPG & ASSOCIATES(Zambales. if the penalty imposed is heavier. If the penalty imposed is suspension without pay for not more than 30 days. Local Initiative 1. Failure to obtain the required number of signatures defeats the proposition. The Comelec or its designated representative shall extend assistance in the formulation of the proposition. e. Two or more propositions may be submitted in an initiative. The petition shall be signed before the election registrar or his designated representatives. enact or amend any ordinance. Preventive suspension. 60 days (in case of municipalities) and 30 days (in case of barangays) from notice mentioned in (b) to collect the required number of signatures. through their duly authorized and registered representatives. c. repeal or amendment of an ordinance. If no favorable action is taken by the sanggunian concerned within 30 days from presentation. cities. fine in an amount not exceeding 6 months’ salary or reprimand. suspension for not more than 1 year without pay. Procedure: a. f. Proponents shall have 90 days (in case of provinces and cities). 100 voters in case of municipalities. the Comelec shall set a date for the initiative b. oppression or grave misconduct or neglect in the performance of duty. and 50 in case of barangays. enactment. d. giving notice thereof to the sanggunian concerned.The local chief executive may preventively suspend for a period not exceeding 60 days any subordinate official or employee under his authority pending investigation if the charge against such official or employee involves dishonesty. b. demotion in rank. 1. the decision shall be appealable to the Civil Service Commission which shall decide the appeal within 30 days from receipt thereof. LOCAL INITIATIVE AND REFERENDUM A.Gonzales) a.It is the legal process whereby the registered voters of a local government unit may directly propose. g. . VII. or if there is reason to believe that the respondent is guilty of the charges which would warrant his removal from the service. and in the presence of a representative of the proponent and a representative of the sanggunian concerned in a public place in the local government unit. starting from Roman numeral I. his decision shall be final.Except as otherwise provided by law. may file a petition with the sanggunian concerned 23 proposing the adoption. Disciplinary Action.000 registered voters in case of provinces and cities.000 registered voters in the region.Pablo. Not less than 2. municipalities and barangays 2. the local chief executive may impose the penalty of removal from service.
amend or reject any ordinance enacted by the sanggunian. those against such action may. the sanggunian concerned adopts in toto the proposition presented and the local chief executive approves the same. LOCAL GOVERNMENT UNITS A.ZPG & ASSOCIATES(Zambales.It is the legal process whereby the registered voters of the local government units may approve. and 30 days (in case of barangays) from the date of certification by the Comelec. b. The local referendum shall be held under the control and direction of the Comelec within 60 days (in case of provinces). a barangay secretary and a barangay treasurer. The Barangay 1. iii.Pablo. ii. The power of local initiative shall not be exercised more than once a year. 45 days (in case of municipalities). There shall be in each barangay a punong baranagy. On the sanggunian: Any proposition or ordinance approved through an initiative and referendum shall not be repealed. Defined. If the proposition is approved by a majority of the votes cast. In case of barangays. modified or amended by the sanggunian within 6 months from the date of approval thereof. The Comelec shall certify and proclaim the results of the said referendum. if they so desire. 24 thereafter by a vote of ¾ of all its members. Limitations: a. and may be amended. If at any time before the initiative is held. Initiative shall extend only to subjects or matters which are within the legal powers of the sanggunian to enact. Authority of Courts. VIII. Local referendum: 3. seven (7) sangguniang barangay members.Nothing in the foregoing shall preclude the proper courts from declaring null and void any proposition approved pursuant hereto for violation of the Constitution or want of capacity of the sanggunian concerned to enact said measure. and the members of the lupong tagapamayapa in each barangay shall be deemed as persons in authority in their jurisdiction. For purposes of the Revised Penal Code.Gonzales) during which the proposition is submitted to the registered voters in the local government unit for their approval within 60 days (in case of provinces). C. while other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public 3. The initiative shall be held on the date set after which the results thereof shall be certified and proclaimed by the Comelec. modified or repealed within 3 years . The sangguniang barangay may form community brigades and create such other positions or offices as may be deemed necessary to carry out the purposes of the barangay government. b. the initiative shall be cancelled. apply for initiative in the manner herein provided. the sangguniang kabataan chairman. 45 days (in case of municipalities) and 30 days (in case of barangays). the period shall be 18 months after the approval thereof. Chief Officials and Offices a. the punong barangay. sangguniang barangay members. it shall take effect 15 days after the certification by the Comelec as if affirmative action had been taken thereon by the sanggunian and the local chief executive concerned. h. B. 4. On local initiative: i. However. There shall also be in every barangay a lupong tagapamayapa.
Initiate legislative processes by recommending to the sangguniang barangay the adoption of measures for the welfare of the barangay and the city or municipality concerned. Pangkat ng Tagapagkasundo There shall be constituted for each dispute brought before the lupon a conciliation panel to be known as the pangkat ng tagapagkasundo. Disputes involving parties who actually reside in barangays of different cities or municipalities. 2. and any barangay member who comes to the aid of persons in authority.A.Gonzales) order. Powers of the Barangay Assembly: i. Decide on the adoption of initiative as a legal process whereby the registered voters of the barangay may directly propose. a. Where the dispute involves real properties located in different cities or municipalities unless the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon.00. appoint or replace the barangay treasurer. and to enable various conciliation panel members to share with one another their observations and experiences in effecting speedy resolution of disputes. Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. c. provides that the punong barangay shall. b.ZPG & ASSOCIATES(Zambales. consisting of 3 members who shall be chosen by the parties to the dispute from the list of members of the lupon. and iii. v. and the dispute relates to the performance of his official functions. except where . as well as problems affecting the barangay. The Lupon shall be constituted every 3 years. d. Should the parties fail to agree on the pangkat membership. The Barangay Assembly There shall be a barangay assembly composed of all persons who are actual residents of the barangay for at least 6 months. Hear and pass upon the semestral report of the sangguniang barangay concerning its activities and finances. vi. 7160. enact or amend any ordinance. and iii. c. Offenses where there is no private offended party. upon approval by a majority of all the members of the Sangguniang Barangay. 15 years of age or over. Where one party is a public officer or employee. and duly registered in the list of barangay assembly members. 3. Katarungang Pambarangay a. ii. Where one party is the government or any subdivision or instrumentality thereof. It shall meet at least twice a year to hear and discuss the semestral report of the sangguniang barangay concerning its activities and finances. Powers of the Lupon: i. protection and security of life and property. iii.000. Subject matter of amicable settlement: The Lupon of each barangay shall have authority to bring together the parties actually residing in the same city or municipality for amicable settlement of all disputes except. the barangay secretary. shall be deemed as agents of persons in authority. i. or the maintenance of a desirable and balanced environment. R. Offenses punishable by imprisonment exceeding one (1) year or a fine of P5.Pablo. iv. 25 ii. and other appointive local officials. composed of the punong barangay as chairman and 10 to 20 members. Lupong Tagapamayapa There is hereby created in each barangay a lupong tagapamayapa. the same shall be determined by lots drawn by the lupon chairman. Exercise administrative supervision over the conciliation panels. Meet regularly once a month to provide a forum for exchange of ideas among its members and the public of matters relevant to the amicable settlement of disputes. ii. §389 (b)5). citizens of the Philippines.
vii.Pablo. An official who.ZPG & ASSOCIATES(Zambales. Alunan. 7160. ii. solutions thereto. In cities.Gonzales) such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon. a secretary and a treasurer. is valid. It shall meet once every 3 months. Katipunan ng Kabataan: Shall be compsed of all citizens of the Philippines actually residing in the barangay for at least 6 months. pambansang pederasyon. Creation. solutions thereto. August 15. iii. shall have passed the age of 21 shall be allowed to serve the remaining portion of the term for which he was elected. B. On the national level. seven members. Pederasyon ng mga sangguniang kabataan: There shall be an organization of all the pederasyon ng mga sangguniang kabataan: i.R. through proper and legal means. Such other classes of disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice. panlalawigang pederasyon. Sangguniang Kabataan: a. who are 15 but not more than 21 years of age. R. which empowers the Liga to “create such other positions as may be deemed necessary”. who are duly registered in the list of the sangguniang kabataan or in the official list in the custody of the barangay secretary. In provinces. The Province E. Leagues of Local Government Units/Officials: 1. and securing.A. No. and for ventilating. 1997) 2. . the pambayang pederasyon. pangmetropolitang pederasyon. through proper and legal means. composition: There shall be in every barangay a sangguniang kabataan to be composed of a chairman. or upon written petition of at least 1/20 of its members. The Municipality C. or at the call of the sanggunian kabataan chairman. panlungsod na pederasyon. G. v. and does not constitute an irregular delegation of power (Viola vs. Liga ng mga BarangayOrganization of all barangays for the primary purpose of determining the representation of the Liga in the sanggunians. 115844. b. articulating and crystallizing issues affecting municipal governments administration. iv. articulating and crystallizing issues affecting barangay government administration and 26 securing. during his term of office. In municipalities. The City D. 4. In special metropolitan political subdivisions. 493. c. Case: Where the Supreme Court held that Sec. League of MunicipalitiesOrganized for the primary purpose of ventilating.
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