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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. b. 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: a. 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. Deconcentration- is 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. Debureaucratization- is the transfer of some public functions and responsibilities, which the government may perform, to private entities or non-governmental organizations; it is people’s empowerment or participation in local governance.
●Decentralization of Administration- the 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 self-governing. 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.
Among the regulatory powers of the National Government Agencies transferred or devolved to the LGUs include the following: 1. 2. 3. 4. 5. The reclassification of agricultural lands- DAR to cities and municipalities Enforcement of environmental laws- DENR to all LGUs Inspection of food products and quarantine- DOH to cities and municipalities The enforcement of the National Building CodeDPWH to cities and municipalities The processing and approval of subdivision plansHLURB to cities and municipalities
ZPG & ASSOCIATES(Zambales.Pablo.Gonzales)
6. 7. The operation of tricycles- LTFRB to cities and municipalities The establishment of cockpits and holding of cockfights- Philippine Gamefowl Commission to cities and municipalities
Among the basic services and facilities devolved to LGUs include: 1. Agricultural extension and on-site research of the Department of Agriculture; 2. Community-based forestry project of the DENR; 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: a. Every local government unit shall have: 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 calamitystricken LGUs. B. R.A. 7160—Policy and Application; Constitutional Provisions 1. 2. Effectivity—January 1, 1992 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 Rules of Interpretation (Sec. 5, RA 7160) a. Any provision on a local government unit shall be liberally interpreted its favor, and in case of doubt, any question thereon shall be resolved in favor of devolution of powers and of the lower local government unit. Any fair and reasonable doubt as to the existence of the power shall be interpreted in favor of the local government unit concerned;
b. In case of doubt, any tax ordinance or revenue measure shall be construed strictly against the local gov’t unit enacting it, and liberally in favor of the taxpayer. Any tax exemption, 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; c. 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. 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. In the resolution of controversies arising under this Code where no legal provision or jurisprudence applies, resort may be had to the customs and traditions in the place where the controversies take place.
Declaration of State Policy over LGU’s (Sec. 2, 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 communications and make them more effective partners in the attainment of national goals. To ensure the accountability of local gov’t units through the institution of effective mechanisms of recall, initiative and referendum. To require all national agencies and offices to conduct periodic consultations with appropriate local gov’t units, nongovernmental and people’s organizations and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions.
II. INTER-GOVERNMENTAL RELATIONS 1. National Government and Local Government Units a. The President shall exercise general supervision over LGUs. i. The President shall exercise supervisory authority directly over provinces, highly urbanized cities and independent component cities.
provide technical and other forms of assistance and coordinate on the discharge of NGA functions v. 129093. No. formulate policies and set standards and guidelines ii. provide funding support iii. and over barangays through city and municipality. 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. Inter-Local Government Relations a.Gonzales) ii. c. (Sec. C. shall ensure that barangays act within the scope of their powers. August 30. Power of General Supervision Executive President assisted by the DILG Secretary 3 Basis A. salaries and functions and duties of local officials. appointment. 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. The projects and programs mentioned in Sec. augment basic services assigned to LGUs iv. The governor shall review all executive orders promulgated by the mayor. -provide for qualifications. programs and projects. 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. 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. The mayor shall review orders promulgated by the punong barangay. 26 and 27 of the LGC (Lina vs. as to nature of power B. shall ensure that every component city and municipality acts within its powers. Power of Control and Power of General Supervision distinguished: 2. b. In turn. ensure the participation of LGUs in planning and implementing national projects vi. The President shall exercise supervision over component cities and municipalities. conversion of LGUs and alteration of its boundaries. 2001).Pablo. Pano. -provide other matters relating to the organization and operation of LGUs.27) ●The requirement of prior consultation applies only to national projects and/or programs which are to be implemented in a particular local community. -investigate and impose disciplinary measures upon erring elective local government officials ii.R. the Philippine Charity Sweepstakes Office. 27 should be interpreted to mean projects and programs whose environmental and ecological effects are among those mentioned in Sec. c. through the mayor. Although sanctioned by the national government. iii. as to what the power includes -oversee whether LGUs are performing their duties in accordance with law. election. Extent of the LCE’s authority over NGAs and their functionaries: i. the operation of lotto is neither a program nor project of the national government but of charitable institution. through the governor. the Sangguniang Panlungsod . Congress -creation. as to who exercises the power Power of Control Legislative b. removal. term. The city or municipality. -amendment of charters of LGUs. The province. plans. 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. G. 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. -allocate powers. responsibilities and resources among LGUs. through province.ZPG & ASSOCIATES(Zambales. (Sec. General responsibilities of the National Government towards LGUs: i.
and 3. Where a barangay is created by an ordinance of the Sangguniang Panlalawigan. plans programs. abolished or its boundary substantially altered by law or by an ordinance of the Sangguniang Panlalawigan or Sangguniang Panlungsod. or its boundaries substantially altered by law enacted by Congress in the case of a province. (Sec. exercise its powers beyond its own corporate limits. Bids and Awards Committee (PBAC) ●responsible for the conduct of prequalification of contractors. LGC) 2.6) NOTE: ●nature of the power to create: LEGISLATIVE 1. ●LGUs may enter into joint venture and cooperative undertakings with people’s and non-governmental organizations particularly in the following: 1. Prequalification. Sufficient income and b. in order to enhance the delivery of basic services in indigenous cultural communities. Local School Board The DECS shall consult the Board on the appointment of division superintendents. c. and enhance the economic and social well-being of the people. No. Special Local Bodies where the private sector may participate in local governance: 1. may create barangays in such communities notwithstanding the requirements set forth by law. Series of 1988. merged. Population and/or c. divided. respectively. the National Statistics Office and the Land Management Bureau of the DENR. as amended. and where disputes may be amicably settled. A description of the boundaries of a municipal corporation is said to be an essential part of its charter and necessary to corporate existence. 5. developing local enterprises designed to improve productivity and income. Who creates: a barangay may be created. spur rural industrialization. Relations with People’s Organizations and NonGovernment Organizations a. or other political subdivisions. Role of POs. crystallized and considered. Creation of Barangays: a. b. Land area NOTE: Compliance with the above-cited indicators shall be attested by the Department of Finance. While the power to create barangays has been delegated to Sanggunian Panlalawigan and Sangguniang Panlungsod. municipal corporations cannot. without legal authorization. Manner of Creation 1.385a. An incorporation is void where the boundaries of the municipal corporation are not described with certainty. 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.309. ●governor or the city or municipality mayor: Chairman 3. 4. projects and activities in the community. abolished. 4 III. merged. 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. 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. 3. CONVERSION. 2. divided. or by Sanggunian Panlalawigan or Sanggunian Panlungsod ordinance in the case of a barangay. bidding. Local Development Council -a duly constituted body which shall assist the corresponding Sanggunian in setting the direction of economic and social development. DIVISION. the Sangguniang Panlungsod and Sangguniang Bayan exercise disciplinary authority over elective barangay officials within their jurisdiction.ZPG & ASSOCIATES(Zambales. Local Peace and Order Council. definite and certain. the recommendation of the Sangguniang Bayan concerned shall be necessary. 4.Gonzales) and Sangguniang Bayan review all ordinances passed by the Sannguniang Barangay under the jurisdiction. AND ABOLITION OF LGUs A. 3. and other school officials. city. school principals. district supervisors. NGOs in the LGUs: ●LGUs shall promote the establishment and operation of people’s and non-governmental organizations as active partners. CREATION. It is necessary that it must have its boundaries fixed. pursuant to E. and as a forum wherein the collective views of the people may be expressed. delivery of certain basic services 2. MERGER AND CONSOLIDATION. Likewise. evaluation of bids. 6. Creation of LGUs: A local government unit may be created. Role: serves as the primary planning and implementing unit of government policies. Necessity of Fixing Corporate Limits: As a matter of general rule. b. diversifies agriculture. (Sec. capability building and livelihood projects. LGUs shall encourage private-sector participation in the delivery of basic services. and coordinating development efforts in its territorial jurisdiction. In turn. Private Sector Participation in Local Governance Purpose: to ensure the viability of local autonomy as an alternative strategy for sustainable development. and the recommendation of awards concerning local infrastructure projects. Local Health Board People’s Law Enforcement Board (PLEB) . Congress.O.Pablo. municipality.
and economic and social cultures.at least P50 million 5. Role. 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. If a component city shall have met the minimum requirements for a highly urbanized city. or abolished.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 city.Gonzales) 5 c. b.15. (Datu Firdausi Abbas vs.no minimum requirement.at 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 150. the sole Province of Ifugao which. Comelec. Autonomous Regions The Philippine Constitution mandates the creation of autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces. Income. subject to the satisfaction of the criteria set forth by the LGC.386. (Sec.462. Role: serves primarily as a general purpose government for the coordination and delivery of basic. However. Land Area. 252 SCRA 695). Creation of Component Cities a. 6. (Sec. or its boundary substantially altered. Art. Substantive Requisites: 1. COMELEC. Population. (Sec. Creation of Municipalities a. 3.average annual income of at least P2. Substantive Requisites: 1. Who creates: may be created.not less than 250.5 million for the last two consecutive years based on the 1991 constant prices. regular and direct services and effective governance of the inhabitants within its territorial jurisdiction. b.serves primarily as a general purpose government for the coordination and delivery of basic. 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. Income. . cities. regular and direct services and effective governance of the inhabitants within its territorial jurisdiction. Income. divided. 179 SCRA 287). not to the waters comprising a political entity. merged or abolished. Role. divided. b. b. Population. in the plebiscite. abolished or its boundary substantially altered only by an act of Congress subject to the criteria established by the Code. divided.at least 200. LGC) 2. 17 of the LGC refers only to the physical mass of land area. The use of the word territory in Sec. c. alone voted in favor of RA 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. LGC) 7.at least P100 million for the last two consecutive years 3.at least 25.000 inhabitants 2. only by an act of Congress.may be created. Land Area.Pablo.average annual income of at least P20 million 3. Income. Population.10.ZPG & ASSOCIATES(Zambales. The IRAs are regular and recurring income and not merely special funds or transfers and/or budgetary aids from the national government or non-recurring income.may be created. 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. Who creates. merged. 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 original province directly affected. Income. 142 SCRA 727). 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.no minimum income requirement Land Area. c. it serves as a dynamic mechanism for development processes and effective governance of local government units within its territorial jurisdiction. 4.000 inhabitants 2. merged. but it must be contiguous but it need not be contiguous if the barangay is comprised with two or more islands. c. It excludes the waters over which the political unit exercises control (Tan vs. Who creates. 3. Conversion of a Component City into a Highly Urbanized City a. Substantive Requisites: 1. the organic act establishing the Autonomous Regional Government of Muslim Mindanao was held valid by the Supreme Court.000 inhabitants 2.a contiguous territory of at least 2000 square kilometers NOTE: ●BP 885. PC) NOTE: ●RA 6734. Land Area. 3.a contiguous territory of 50 square kilometers. or its boundary substantially altered only by an act of Congress subject to the criteria provided in the Code. municipalities. Substantive Requirements: 1. Guingona. Population. Substantive Requisites: 1. and geographical areas sharing common and distinctive historical and cultural heritage. Population.as a political and corporate unit of government.000 inhabitants 2. Creation of Provinces a.
PLEBISCITE REQUIREMENT: Who shall participate Sec. LGC) 14. (Ordillo vs.Subject to what the legislature may provide upon annexation. The income. Division and Merger of LGUs The division and merger of local government units shall comply with the same requirements for their creation. Special Metropolitan Political Subdivisions The Congress may.Unless otherwise provided for by law.. Such plebiscite shall be conducted by the COMELEC within 120 days from the date of the effectivity of the law. at least. 214 SCRA 735) ●In the conversion of a municipality into a component city. 9. a plebiscite can be scheduled only after the law creating a city took effect. No. 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. not from the date of its approval when the law had not yet been published. It shall become part of the annexing corporation and will fall under the jurisdiction of the latter. the income classification of the original local government unit shall not fall below its current income classification prior to such division.ZPG & ASSOCIATES(Zambales. cannot validly constitute the Autonomous Region of the Cordilleras.14.km 100 sq. 10. a de facto municipal corporation. or barangay with which the local government unit sought to be abolished will be incorporated or merged. No minimum requirement 2. the officers and employees of the annexed or .000 sq. 26.000. when a territory is annexed to a municipal corporation. 3. 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.In the absence of any provision of law to the contrary. On the laws and ordinances of the annexed corporation. (Sec.000 for Metro Manila and highly urbanized cities 25. The law does not grant police nor legislative powers to MMDA. (Sec. municipality.Pablo. COMELEC. (Cawaling vs. March 27. G. 11. unless some other date is fixed therefore by law or ordinance creating it. 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). (Sec.000 250. Likewise. the law or. X. 135962. as certified by the national agencies to Congress or to the Sanggunian concerned. and 150. 2. ordinance abolishing an LGU shall specify the province. The jurisdiction of the metropolitan authority that will be thereby created shall be limited to basic services requiring coordination. population or land area has been irreversibly reduced to less than the minimum standards prescribed for its creation under the LGC. population or land area shall not be reduced to less than the minimum requirements. MMDA cannot open for public use a private road in a private subdivision (MMDA vs.9. whose functions were without prejudice to the autonomy of the affected local government units. city. Art. the governing board of the MMDA. however. create special metropolitan political subdivisions. Abolition of LGUs A local government unit may be abolished when its income. (Padilla vs. an inquiry into the legal existence of a municipal corporation is reserved to the State in a proceeding for quo warranto or other direct proceeding. COMELEC. has not been delegated any legislative power. COMELEC. But this rule applies only when the municipal corporation is.R. LGC) 13. Likewise.Gonzales) 6766. its corporate existence shall commence upon the election and qualification of its chief executive and a majority members of the Sanggunian. Even the Metro Manila Council. Beginning of Corporate Existence When a new local government unit is created. On the legal existence of the territory annexed. it shall become subject to all the laws and ordinances by which the annexing corporation is governed. only the registered voters of the municipality sought to be converted into a component city. 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. 192 SCRA 100) 8. Attack against invalidity of incorporation No collateral attack shall lie. shall participate in the plebiscite. LGC) 12. Oct. Clearly. Inc. PC) NOTE: ●With the passage of RA 7924.000 or Land area 6 Barangay No minimum requirement P2.8. Since publication is indispensable for the effectivity of a law. 2000). MMDA is not a political unit. Bel-Air Village Association. On the right of officers or employees of the annexed or consolidated territory to continue to hold their offices.000 but 5.km. Municipality Component City Highly Urbanized City Province 11. by law. (Sec. 10 of the LGC provides that the creation. There is no grant of authority to enact ordinances and regulations for the general welfare of the inhabitants of the metropolis.5 million P100 million P50 million P20 million No minimum requirement 50 sq. Effects of Annexation/Consolidation of Municipal Corporations 1.km. the annexation of one municipal corporation to another will dissolve the annexed territory. but the component cities and municipalities shall retain their basic autonomy and shall be entitled to their own local executives and legislative assemblies.000 or 200. division and merger. Summary of Substantive Requirements in the Creation of LGUs LGU Created Income Population 2.
R. comfort. Art II: Secs. Equal protection clause d. 3. has been upheld by the Supreme Court as a valid exercise of police power. Statutes. Must not be unfair or oppressive. safety. ●Limitations: a. 7160 c. It would be otherwise if there exists an indebtedness on said buildings in which case. Intramural or extramural d. Must not be partial or discriminatory. With regard to public buildings and improvements located in the annexed territory. except for protection of water supply c. but applies only in States which adhere to the doctrine. Local government units shall likewise exercise such other powers and discharge such other functions and responsibilities as are necessary. ministerial and discretionary . forms part of a municipality from which it is taken. or incidental to efficient and effective provision of the basic services and facilities enumerated under the Code. Must be general in application and consistent with public policy. Must not contravene the Constitution and any statute. Must not prohibit. 201 SCRA 508) 2.6 and 7. and 6. Express. The care for the poor is generally recognized as a public duty. They shall also discharge the functions and responsibilities of national agencies and offices devolved to them pursuant to this Code. powers. 3. ●An ordinance extending burial assistance of P500 to a bereaved family whose gross income does not exceed P2. Must not be unreasonable. however. Philippine Constitution b. 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.000 a month.Pablo. Where the statute prescribes the manner of exercise. Basic Services and Facilities: §17. 15. B. Exercisable only within the territorial limits of the LGU. IV.When a municipal corporation is annexed to another. Where the statute is silent. Domingo. Execution of powers: a. and convenience as consistently as may be with private rights. 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. This power is organic and flexible. Express grant by law b. powers and rights of the original corporation: Unless the law provides otherwise. The support for the poor has long been an accepted exercise of police power in the promotion of common good.g. the annexing territory is not required to pay for said buildings or improvements as they have already been paid for by the annexed territory. Powers in general 1. Doctrine of the right of self-government. implied and inherent b.the statutory grant of police power to local government units. Requisites for the validity of a municipal ordinance: 1. the annexing territory shall acquire title to the property of the annexed territory at the time of annexation without compensation unless the annexing statute provides otherwise. Due process clause e. 7 4.. Art. local government units have discretion to select reasonable means and methods of exercise. GOVERNMENTAL POWERS: 1. the legislature may provide for the payment of compensation for the indebtedness incurred on account of the property taken. 5. Classifications: a.Gonzales) consolidated territory shall terminate their official relation with their offices. 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. On the property. private or proprietary c. On the debts and obligations of the annexed territory. 2. Public or governmental. 4. Must not be contrary to the Constitution and the laws. each municipality acquires title to all the property. 5. Sec. but may regulate trade which is not illegal per se. General Welfare Clause. the annexing state may be required to share in the payment of said indebtedness. Sources: a.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. Where the annexed territory. 25. X. GENERAL POWERS AND ATTRIBUTES OF LGUs A. when a municipal corporation is divided into two or more municipalities. 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. It extends to all the great public needs and in a broad sense includes all legislation and almost every function of the municipal government.ZPG & ASSOCIATES(Zambales. On the title to the property of the annexed territory. 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. 5.A. b. e. Mandatory and directory. appropriate. rights and obligations falling within its territorial jurisdiction. (Binay vs. 2. the procedure must be followed. Charter (particularly of cities) d.
Under the Local Government Code 1. Phil. fees or charges that GOCCs would have paid if not tax exempt. be harmonized with national development plans. and such officer shall be accountable and responsible for said funds and for the safekeeping thereof in conformity with the provisions of law. The 40% IRA is allocated to LGUs as follows: for provinces and cities. 8. taxes. C. But local governments have no power to tax instrumentalities of the National Government. the HUC or ICC shall receive 65% and the barangays shall receive 35%. Taxation shall be uniform in each local government unit. 10. LGC) The exercise by local governments of the power to tax is ordained by the present Constitution (§5. fees. not be contrary to law. 7. Constitution). and collection thereof shall at all times be acknowledged properly. No money shall be paid out of the local treasury except in pursuance of an appropriation ordinance or law. evolve a progressive system of taxation. 3. Taxes. The revenue collected pursuant to the provisions of the LGC shall inure solely to the benefit of. public policy. This includes the transfer to the local government units of the records. The collection of taxes. fees and charges (§5. 6. fee. . All monies officially received by a local government officer in any capacity or on any occasion shall be accounted for as local funds. If the national wealth is located in highly urbanized city or independent component city. Local budgets shall operationalize approved development plans. unless otherwise provided by law. floating of bonds 2.Internal Revenue Allotment 3. as far as practicable. for barangays. be equitable and based as far as practicable on the taxpayer’s ability to pay. national economic policy. 4. and the local budgets shall be based on functions. the local government unit levying the tax. 2. fee or charge. equipment and other assets and personnel of national agencies and offices. If the national wealth is located in two or more LGUs. activities and projects.30%. LGUs shall receive 1% of the gross sale or receipts of the preceding calendar year and 40% of taxes. Art. goals and strategies in order to optimize the utilization of resources and to avoid duplication in the use of fiscal and physical resources. share in the national taxes. No less than 20% of the IRA is allotted for development project by the local unit from the IRA. c. charges and other impositions shall in no case be let to any private persons. NOTES: ●Shares of LGUs in the proceeds of national taxes The share of the LGU in Internal Revenue Taxes is 40%.Pablo. Fundamental Principles of Local Fiscal Administration 1.23%. Power to generate and apply resources (§18. charges and other impositions shall: a. 197 SCRA 52) ●Main Sources of Revenues of LGUs A. 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. not be unjust. The Sanggunian concerned through an ordinance has the power to impose a tax. 5. and 5.20%. 2. 4. the province shall receive 20%. Local revenue is generated only from the sources expressly authorized by law or ordinance. oppressive or confiscatory. share in the proceeds of the utilization and development of the national wealth within their areas (§7.ZPG & ASSOCIATES(Zambales.Gonzales) 8 ●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. b. PAGCOR being an instrumentality of the National Government is therefore exempt from local taxes. excessive. ●How National Wealth is Distributed If the national wealth is located in one province. royalties. Fundamental Principles on Local taxation 1. Only guidelines and limitations that may be established by Congress can define and limit such power of local governments. charge or other imposition unless otherwise specifically provided herein. and be subject to disposition by. fees.34%. X) B. as far as practicable. Under the Constitution 1. PAGCOR. Each local government unit shall. 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. whichever is higher. Local government funds and monies shall be spent solely for public purposes. Local governments shall formulate sound financial plans. fees and charges subject to the provisions on local taxation consistent with the basic policy of local autonomy. 3. ●Shares in National Wealth 40% of the gross collection from mining taxes. distribution shall be based on the following: population. Local budget plans and goals shall. X. for municipalities.70% and land area. 9. D. or in restraint of trade. The procedural requirements of public hearing and publication must be observed for purposes of compliance with the requirements of due process. the component city/municipality shall receive 45% and the barangays 35%. (Basco vs. 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. d. 3. X) 2. Every officer of the local government unit whose duties permit or require the possession or custody of local funds shall be properly bonded. forestry and fishery charges. Art. in terms of expected results. be levied and collected only for public purposes. grants/aids ●All LGUs are empowered to create their own sources of revenue and to levy taxes. Art.
and not after the court shall have determined the amount of just compensation to which the defendant is entitled. ●Temporary closure may be made during an actual emergency. permanent or temporarily close or open any local road. acting pursuant to a valid ordinance. Adequate provision for the maintenance of public safety must be made. commercial or industrial purposes as determined by the sanggunian. provided that in case of permanent closure. Exercised only by the local chief executive. Other powers a. private property. 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. RA 7160) A local government unit may. Only after a valid and definite offer had been made to. 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. for the benefit of the poor and the landless. ii. NOTE: Private property already devoted to public use can still be a subject of expropriation by Congress but not by LGUs. iv. and other health facilities. fiesta celebrations. boulevards. through an ordinance passed after conducting public hearings for the purpose. Any other public place or building owned by the provincial government. Public vocational or technical schools and other post secondary and tertiary schools. ii. (Municipality of Paranaque vs. Naming of LGUs. as follows: 1. public places. 13. LGC. c. NOTE: ●Additional limitations in case of permanent closure: i. The local government unit shall endeavor to have a balanced budget in each fiscal year of operation. Eminent Domain (§19. Where the land shall have substantially greater economic value for residential. 2. RA 7160) A city or municipality may. For public use or purpose or welfare. 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. or square falling within its jurisdiction. 12. Component cities and municipalities. etc. upon the recommendation of the sangguniang concerned. and when necessary. taking. Fiscal responsibility shall be shared by all those exercising authority over the financial affairs. but no freedom park shall be closed permanently without provision for its transfer or relocation to a new site. Provincial roads. 3. The property may be used or conveyed for any purpose for which other real property may be lawfully used or conveyed. b.Pablo. park. Closure and opening of roads (§21. avenues. City of Mandaluyong. (Heirs of Suguitan vs. 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. iii. streets and structures 1. 4. such ordinance must be approved by at least 2/3 of all the members of the sanggunian. Provincial hospitals. transactions. ii. thoroughfares and bridges. Reclassification of lands (§20. pursuant to an ordinance. the owner. alley. and operations of the local government units. LGC) The power to expropriate private property has been delegated by Congress to LGUs under §19. The additional limitations on the exercise of the power of eminent domain by LGUs are. and v. may authorize the reclassification of agricultural lands and provide for the manner of their utilization or their disposition: i. Provinces. 2. The exercise by LGUs of the power of eminent domain are subject to the usual constitutional limitations such as necessity. Highly Urbanized and Independent Component Cities.The sanggunians of HUCs and ICCs may change the name of the following within its territorial jurisdiction: . VM Realty Corp.Gonzales) 11.ZPG & ASSOCIATES(Zambales. 5. 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. and adequate substitute for the public facility shall be provided. When the land ceases to be economically feasible and sound for agricultural 9 purposes as determined by the Department of Agriculture.. public rallies.The sangguniang panlalawigan may change the name of the following within its territorial jurisdiction: i. and not accepted by. just compensation and due process of law. public use. health centers. 4. An LGU shall file a complaint for expropriation on the strength of an ordinance and not a mere resolution passed by the Sanggunian.
2. XVI. c. ii. and bridges. health centers and other health facilities. the Office of the President. iii. cultural. or expresses sentiment. Boundary disputes involving two or more municipalities within the same province shall be referred for settlement to the sangguniang panlalawigan concerned.of temporary character. d. Must not be unfair or oppressive 3. City barangays. Ordinance. Must not be partial or discriminatory 4. RA 7160): Boundary disputes between and among local government units shall. post-secondary and other tertiary schools. nor may a change of name be made unless for a justifiable reason and. ●A change of name of public hospitals. avenues. Pending final resolution of the case. ●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. The name of a local government unit or a public place. unless by a unanimous vote of the sanggunian concerned and in consultation with the Philippine Historical Commission. boulevards. . Any other public place or building owned by the city government. secondary and vocational or technical schools. iv. (§13. any party may elevate the decision of the sanggunian concerned to the proper Regional Trial Court having jurisdiction over the area in dispute. and v.Gonzales) i. and the Bureau of Posts shall be notified. Resolution. Art. Philippine Constitution) The State shall establish and maintain one police force. iv. street or structure with historical. 6. Public elementary. to be administered and controlled by a National Police Commission. The authority of local executives over the police units in their jurisdiction shall be provided by law. not oftener than once every ten years. Procedure: In the event the sanggunian fails to effect an amicable settlement within 60 days from the date the dispute was referred thereto. any party may elevate the decision of the sanggunian concerned. thoroughfares. ii. avenues. sangguniang panlungsod or sangguniang bayan concerned. health centers. iii. The Regional Trial Court shall decide the appeal within one (1) year from the filing thereof. LOCAL LEGISLATIVE POWER A. Authority over police units (§6. it shall issue a certification to that effect. health centers and other health facilities. municipal and barangay roads. and bridges. places. Requisites for validity: 1. City and municipal public elementary. Must not contravene the Constitution and any statute 2.ZPG & ASSOCIATES(Zambales.Pablo. To this end: a. NOTES: ●None of the foregoing local government units. LGC) e. B. 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. but may regulate trade 5. Settlement of boundary disputes (§118 a-d. Component Cities and Municipalities. City hospitals. shall be jointly referred for settlement to the respective sanggunians of the parties. upon the recommendation of the sangguniang barangay concerned. thoroughfares. ●In any change of name. as much as possible. or two or more highly urbanized cities. Thereafter. 3. Any other public place or building owned by the municipal government. in any case. or ethnic significance shall not be changed. LGC) d.The sanggunians of component cities and municipalities may change the name of the following within its territorial jurisdiction: i. the disputed area prior to the dispute shall be maintained and continued for all legal purposes. and v. the representative of the legislative district concerned. be settled amicably. Must not prohibit. Boundary disputes involving two or more barangays in the same city or municipality shall be referred for settlement to the 10 b. Must not be unreasonable 6. and other health facilities shall be made only upon the recommendation of the local health board concerned. Within the time and manner prescribed by the Rules of Court. Must be general in application and consistent with public policy. City and municipal barangays. City roads. City and municipal hospitals. Boundary disputes involving municipalities or component cities of different provinces shall be jointly referred for settlement to the sanggunians of the provinces concerned. institutions. secondary and vocational or technical schools. City. or buildings shall be named after a living person.prescribes a rule of conduct. boulevards. Products of legislative action 1. ●A change of name of a public school shall be made only upon the recommendation of the local school board concerned. community colleges and non-chartered colleges. which shall be national in scope and civilian in character. upon recommendation of the sangguniang barangay concerned. Boundary disputes involving a component city or municipality on the one hand and a highly urbanized city on the other. (§119.
8.Pablo. the vice mayor and the punong barangay shall be the presiding officer of the sanggunians but shall vote only in case of tie. 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. 2. affixing his signature on each and every page thereof. Ordinance directing the payment of money or creating liability. A member sentenced by final judgment to imprisonment for at least one year for a crime involving moral turpitude shall be automatically expelled. upon approval by a majority of all its members. within 30 days from receipt thereof. 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. A special session may be called by the local chief executive or a majority of the sanggunian members. the petitioner argued that his signature on the resolution was merely ministerial. The grounds for veto are: a. G. if it finds that the ordinance or resolution is beyond the power conferred upon the sangguniang panlungsod or sangguniang bayan concerned. Unless concurred in by 2/3 vote of the members present.R. or expelled. 121215. (§54) 11. (De Los Reyes vs. For disorderly behavior and absence without justifiable cause for 4 consecutive sessions. 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. as if he signed it. the sangguniang barangay shall furnish copies of all barangay ordinances to the sangguniang panlungsod or sangguniang bayan for review. Nov. The governor or mayor may veto any item in the following cases: a. The vice governor. 12. The Supreme Court disagreed. ●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. valid. Ordinance adopting a local development plan and public investment program c. Particular item or items in an appropriations ordinance b. The sangguniang panlalawigan shall review the same within 30 days. it shall declare such ordinance or resolution invalid in whole or in part. The sanggunian may override the veto by 2/3 of all its members. If the reviewing sanggunian finds the barangay ordinances inconsistent with law or city or municipal ordinances. The ordinance is ultra vires b.ZPG & ASSOCIATES(Zambales. Review a. ●Such relationship includes: i.Gonzales) Approval of ordinances: Ordinances passed by the sangguniang panlalawigan. (§52) 6. sangguniang panlungsod or sangguniang bayan shall be approved: If the local chief executive approves the same. Suspension or expulsion shall require concurrence of at least 2/3 of all sanggunian members. saying that the grant of the veto power accords the Mayor the discretion whether or not to approve the resolution. and therefore. An ordinance shall be approved by the local chief executive by affixing his signature in each and every page thereof. (§57) ●Procedure: Within 10 days from enactment. return the same with its comments and recommendations to the sangguniang barangay for adjustment. (§50) 4. A majority of all the members of the sanggunian shall constitute a quorum. the sangguniang concerned shall. The sangguniang panlungsod or bayan shall review sangguniang barangay ordinances to determine if they are lawful. b. The latter has no veto power. a member may be censured. suspended for not more than 60 days. If the local chief executive vetoes the same. the members shall elect a temporary presiding officer from among themselves. amendment or modification. and the veto is overridden by 2/3 vote of all the members of the sanggunian. He shall also disclose any business. The sangguniang panlalawigan shall review ordinances and resolution of cities and municipalities to determine if they are within their power. be signed by the Punong Barangay. upon assumption of office shall make a full disclosure of his business and financial interests. (§49) 3. in which case the effetivity of the ordinance is suspended . 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. excluded from the session. (§55) 9. 13. (§51) 5. Every sanggunian member. Or that it is prejudicial to public welfare 10. If no action is taken within 30 days. Investment in the entity to which the ordinance may apply ii. no matter may be reconsidered at the special session except those stated in the notice. In case of inability of the presiding officer. the ordinance or resolution is presumed consistent with law. (§53) 11 7. Ordinances enacted by the sangguniang barangay shall. the ordinance shall be deemed approved. 1997) NOTES: 1. reprimanded. (§56) Procedure: Within 3 days after approval. otherwise. Sandiganbayan.
b. committee. in addition to posting. RA 7160) To have continuous succession in its corporate name To sue and be sued To have and use a corporate seal To acquire and convey real or personal property a. 102 Phil. NCC. 4.The local government unit is liable in damages for death or injuries suffered by reason of the defective condition of roads.. Authority to negotiate and secure contracts (§23. even assuming the existence of a valid lease of the public plaza or part thereof. Specific provisions making LGUs liable: a. c. officer or agent. in support of the basic services and facilities enumerated under §17. agency. subject to limitations provided in the Code and other laws. bridges.ZPG & ASSOCIATES(Zambales. The local government unit has the express. In the absence of such newspaper. it shall be published in any newspaper of general circulation. c. Ratification may be express or implied. Enforcement of disapproved ordinances/resolutions: Any attempt to enforce an ordinance or resolution approving the local development plan and public investment program. c. after the disapproval thereof. the same is ultra vires and is null and void. ii. etc. MUNICIPAL LIABILITY A. 2. (Salas vs. Power to enter into contracts . Art. b. RA 7160. 12 b. tangible or intangible property. Unless otherwise provided by the Code. that projects financed by such grants or assistance with national security implications shall be approved by the national agency concerned. 3. §24. The contract must comply with certain substantive requirements. (par. Effectivity a. Such contract cannot be ratified or validated. Municipal Council of Pozorrubio. 2189. Town plazas are properties of public dominion. shall be sufficient ground for the suspension or dismissal of the official or employee concerned. c. the municipal resolution effectively terminated the agreement. 154 SCRA 142). the main features of the ordinance shall be published in a local newspaper of general circulation. To exercise such other powers as are granted to corporations.. In the absence of such newspaper.6). donation. 2180. The contract is entered into by the proper department. The local government unit may alienate only patrimonial property. there must be an actual appropriation and a certificate of availability of funds. In the absence of proof that the property was acquired through corporate or private funds. board. upon authority of the sanggunian. iii. e. sale. Provided.Local government units and their officials are not exempt from liability for death or injury to persons or damage to property. negotiate and secure financial grants or donations in kind. Requisites of a valid municipal contracts i. it shall take effect after 10 days from posting at the provincial capitol or city. Art. 866). Jarencio. 48 SCRA 734. Unless otherwise stated in the ordinance. Corporate Powers (§22. e. If no action is taken by the sangguniang panlungsod or sangguniang bayan within 30 days. i. but only for the duration of an emergency (Espiritu vs. V. public buildings and other public works. Ultra vires contracts When a contract is entered into without compliance with the first and the third requisites (above). Villegas. upon proper authority. and cannot be the subject of lease or other contractual undertaking. The gist of all ordinances with penal sanction shall be published in a newspaper of general circulation in the province. implied or inherent power to enter into the particular contract. or office of the national government or from any higher local government unit. is governmental or public property. the Statute of Frauds.g. municipal or barangay hall and two other conspicuous places. the ordinance shall be posted in all municipalities and cities of the province where the sanggunian of origin is situated. The local government unit may acquire real or personal. 1. 5. 6. when expenditure of public fund is to be made. And. RA 7160) The local chief executive may. 55 SCRA 656) d. Pangasinan. from local and foreign assistance agencies without necessity of securing clearance or approval from any department. Rebuco vs. iv. 13. the presumption is that it came from the State upon the creation of the municipality and. for it is settled that the police power cannot be surrendered or bargained away through the medium of a contract (Villanueva vs.g.The State is responsible when it acts through a special agent.e. e.. NCC. they may be occupied temporarily. 14. a. Castaneda.Pablo. The contract must comply with the formal requirements of written contracts. thus.Liability for damages. b. streets. (§59 C. In highly urbanized and independent component cities. Ratification of defective municipal contracts is possible only when there is non-compliance with the second and/or fourth requirements above. the ordinance is deemed approved. A public plaza is beyond the commerce of man. in any manner allowed by law. 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.Gonzales) until the revision called for is effected.
Liability for contracts a. Liability for Tort a. If engaged in proprietary functions. or with any of its authorized boards. Purchase any real estate or other property forfeited in favor of such local government unit for unpaid taxes or assessment.Gonzales) d.00 with a warning. no elective or appointive local official shall hold any other office. City Councilor Javellana violated the prohibition against engaging in private practice if such practice represents interests adverse to the government.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.A 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. No elective or appointive local official shall be eligible for appointment or designation to any public office during his tenure. NCC. 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. IAC. Use property and personnel of the government except when the sanggunian member is defending the interest of the government. (Torio vs. (Javellana vs. the councilors themselves are not liable for the negligence of their employees or agents. 147 SCRA 447). ●Holding of town fiesta is a proprietary function. Provisions applicable to elective and appointive officials 1. out of the resources of the local government unit to such person or firm. 2. c. Personal Liability of local officials 3. 85 SCRA 599) c. like an ordinary person. directly or indirectly. b. The prohibitions and inhibitions prescribed in RA 6713 also apply. Case: It was held that by appearing as counsel for dismissed employees. whereby money is to be paid. under the principle of respondeat superior. Except for losing candidates in barangay elections. Hold such interests in any cockpit or other games licensed by a local government unit. . Fontanilla. no candidate who lost in any election should be appointed to any office within one year after election. Art. because of the refusal of the Mayor to abide by a Temporary Restraining Order issued by the Court (Moday vs. implies an obligation to do justice with respect to the same. b. independent of an express contract. Doctrine of Implied Municipal Liability. the Province of Cebu cannot set up the plea that the contract was ultra vires and still retain benefits thereunder. therefore. 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. General Rule. f. or attorneys. Thus. c. officials.It shall be unlawful for any local government official or employee. Practice of Profession (§90. 4.ZPG & ASSOCIATES(Zambales. Governors or mayors are prohibited from practicinìstrative proceedings involving the local government unit of which he is an official. 243 SCRA 152). or by virtue of a legal process at the instance of the said local government unit. and e. 13 the Province of Cebu is estopped to question its validity for the purpose of denying answerability. the munipal corporation is not liable. provided that the contract is intra vires. LOCAL OFFICIALS A. While the municipality was held liable. §89. Liability for violation of law Case: The Municipality of Bunawan. VI. If the contract is ultra vires. Possess or use any public property of the local government unit for private purposes. 3. Physicians may practice their profession even during office hours only on emergencies and without monetary compensation. b. iv. RA 7160) a.000. RA 7160: Prohibited business and pecuniary interest. ●Ordinarily.Pablo. through the Mayor. NOTE: ●The municipal council managed the town fiesta. is liable on a contract it enters into. local government unit is liable. in this case. to: a. 2. was held liable for the death of a member of the zarzuela group when the stage collapsed. it is NOT liable. Pangasinan. Be a surety for any person contracting or doing business with the local government unit for which a surety is required. CA. If the local government unit is engaged in governmental functions. or property or any other thing of value is to be transferred. d. the doctrine of estoppel does not lie against municipal corporation. The Municipality of Malasique. RA 7160) a. Agusan del Sur. DILG. 212 SCRA 475) b. Prohibition against appointment (§94. The doctrine applies to all cases where money or property of a party is received under such circumstances that the general law. b. Unless otherwise allowed by law or by the primary function of his office. 34. directly or indirectly.A municipal corporation. Having regarded the contract as valid for purposes of reaping benefits. agents. was held in contempt and fined P1.
panlungsod and bayan shall be elected by district. RA 7160) A.at least 21 years old iii. The term of office of barangay officials and members of the sangguniang kabataan shall be for five years. No local elective official shall serve for more than three consecutive terms in the same position.at least 18 years old iv. Vice Governor and Vice Mayor ii. COMELEC. 271 SCRA 767). 4. as may be provided by law. one from the workers. panlungsod or bayan. voluntarily resigns. The regular members of the sangguniang panlalawigan. 2. d. 5. Fugitives from justice in criminal or nonpolitical cases here or abroad.The following are disqualified from running for any elective local position: a. or such date as may be provided by law. c.at least 15-21 years NOTES: ●Age. 1995. Manner of Election a. ELECTIVE LOCAL OFFICIALS 1. city or municipal vice-mayor and punong barangay shall be elected at large in their respective units.A. Permanent vacancies: A permanent vacancy arises when an elective local official fills a higher vacant office. 1992. e. disabled persons. Registered voter of the local government unit. ●The LGC does not specify any particular date when the candidate must possess Filipino citizenzship. Those with dual citizenship.Gonzales) B. Besides. a. refuses to assume office. 8524) ●The three-term limit on a local official is to be understood to refer to terms for which the official concerned was elected. 6. dies. Candidates in provinces and highly urbanized cities. Term of Office Three years.at least 23 years old ii. 14 3.must be possessed on the day of the election. vice-governor. Ability to read and write Filipino or any other local dialect. §39 of the LGC speaks of qualifications of elective officials. Barangay officials. The phrase “not more than 21 years old” is not equivalent to “less than 22 years old” (Garvida vs. except that of elective barangay officials. Rules on Succession (§44-46. ●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. The presidents of the liga ng mga barangay and the pederasyon ng mga sangguniang kabataan elected by their respective chapters. 133495. Those removed from office as a result of an administrative case. and g. Those convicted by final judgment for violating the oath of allegiance to the Republic. Sept. G. RA 7160). Filipino Citizen ii.Pablo. became Mayor in 1989. 1997. Resident therein for at least one year immediately before the election iv. Qualifications: a. unless otherwise provided by law. may still be eligible to run for the position of Mayor in 1998. a person who was elected Vice Mayor in 1988 and who. The sangguniang kabataan chairman shall be elected by the registered voters of the katipunan ng kabataan. Sanggunian members according to ranking . Age i. city or municipal mayor. 3. The insane or feeble-minded. and one from any of the following sectors: urban poor. or of the district where he intends to be elected in the case of the members of the sanggunian. 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. or is permanently incapacitated to discharge the functions of his office. Candidates for sanggunian members in component cities and municipalities. fails to qualify. Thus. The Comelec shall promulgate the rules and regulations to effectively provide for the election of such sectoral representatives. Date of Election Every three years on the second Monday of May.at least 18 years old v. not of candidates (Frivaldo vs. In addition. starting from noon of June 30.ZPG & ASSOCIATES(Zambales. (R. which shall begin after the regular election of barangay officials on the second Monday of May. within two years after serving sentence. Philippine citizenship is required to ensure that no alien shall govern our people. An official begins to govern only upon his proclamation and on the day that his term begins. because of the death of the Mayor. he was therefore qualified to be proclaimed. b. even if elected as such in 1992 and 1995 (Borja v. Sangguniang Kabataan. is removed from office. 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. The governor. Common qualifications: i. Sales). b. Since Frivaldo took his oath of allegiance on June 30. there shall be one sectoral representative from the women. when his application for repatriation was granted by the Special committee on Naturalization created under PD 825. f. Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one year or more of imprisonment. shall serve as ex officio members of the sangguniang panlalawigan. The presidents of the leagues of sanggunian members of component cities and municipalities shall serve as ex officio members of the sangguniang panlalawigan concerned.R. 1998). indigenous cultural communities. Governor and Mayor i. Candidates for mayor and vice mayor of component cities and municipalities. No. Comelec. c. b. iii. Disqualifications (§40.
A. 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. vice mayors and sanggunian members of the municipalities and component cities. Sangguniang barangay. 1993). all elective barangay officials in the district. (§46) 7. Recall of provincial.A. ii. the appointee shall be recommended by the sanggunian. there is no necessity for the Supreme Court to refer the matter of the veracity of the questioned notices back to the Comelec.000 . G. October 5. 15 per month for the punong barangay and P600 for the sangguniang barangay members. Two modes of initiating recall: i. thus. Comelec. Second highest ranking sangguniang barangay member 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.ZPG & ASSOCIATES(Zambales. (§69. (§44) Sanggunian: i. 127066. Except for the sangguniang barangay. R. and in cases where sangguniang panglungsod members are elected by district. 111511. vice mayor. If the member does not belong to any party. By the registered voters of the local government unit c. e. vice mayor. or ranking sangguniang barangay member shall exercise his powers except the power to appoint. Initiation of recall by registered voters: Recall of a provincial. No.Gonzales) b. ●Elective local officials shall be entitled to the same leave privileges as those enjoyed by appointive local officials.composed of the following: i. the appointee shall come from the political party of the member who caused the vacancy. No. 7160) The compensation of local officials and personnel shall be determined by the sanggunian concerned. suspend or dismiss employees. iv.appointment by governor iii. the vice governor. he may designate an officer-in-charge. By a preparatory recall assembly ii. c. including the cumulation and commutation thereof. c. Legislative district level: Where sangguniang panlalalwigan members are elected by district. Component city and municipality. which can only be exercised after 30 working days. city. When the governor. all elective municipal officials in the district. the same is fatally flawed (Garcia vs. 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. March 11. Ties will be resolved by drawing of lots. b. it was held that where the Comelec has already conducted an investigation and found the initiatory recall proceedings to be in accord with law. e. Recall. Comelec. The appointee for the sangguniang barangay shall be recommended by the sangguniang barangay. vi. vii. mayor or punong barangay is temporarily incapacitated to perform his duties. However. allowances and other emoluments as may be provided by law or barangay.by the registered voters of a local government unit to which the local elective official subject to such recall belongs. 6758 (Compensation and Position Classification Act of 1989). R. Punong barangay i. When the local chief executive is traveling within the Philippines for not more than 3 consecutive days. Temporary vacancy a. municipal or city ordinance. d.Pablo. or highest ranking sangguniang barangay member shall assume his powers on the fourth day of his absence.R. Municipal level: All punong barangay and sangguniang barangay members in the municipality. Provinces. G. By whom exercised. 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. The elective barangay officials shall be entitled to receive honoraria. 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. 7. v. where the resolution was adopted without giving notice to all the members of the PRA.appointment by mayor iv. subject to the provisions of R. Compensation (§81. Case: It was held that notice to all the members of the Preparatory Recall Assembly is imperative. d. 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. a.A.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. highly urbanized cities and independent component cities. 1997. the vice governor. City level: All punong barangay and sangguniang barangay members in the city. but in no case less than P1. Preparatory recall assembly. The authorization shall specify the powers of the officerin-charge except the power to appoint. 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.R. suspend or dismiss employees. iii. Provincial level: All mayors.appointment by the President ii. If the local chief executive does not issue the authorization. in Malonzo vs. (§45) B. Highest ranking sanggunian member ii. 7160) b.
if the respondent is an elective official of a province. no investigation shall be held within 90 days immediately prior to any local election. ●The elective local official sought to be recalled shall not be allowed to resign while the recall process is in progress. . By the governor. ●Limitations on Recall: 1. as the case may be. d. Who may impose: a. Resignation of elective local officials shall be deemed effective only upon acceptance by the following authorities: a. R. foreign citizenship or residence or the statusì Elective barangay officials. Given the gravity of the offense. Unauthorized absence for 15 consecutive working days. and d. ii. the venue shall be the place where the sanggunian concerned is located. Upon the lapse of the aforesaid period.Gonzales) 16 f. and mayors and vice mayors of highly urbanized cities and independent component cities. Grounds for disciplinary action: An elective local official may be disciplined. the Office of the President or the sanggunian concerned as the case may be. and c. for the purpose of verifying the authenticity and genuineness of the petition and the required percentage of voters. 7160). 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. it shall be deemed automatically lifted upon the start of aforesaid period. ●Recall shall be effective upon the election and proclamation of successor receiving the highest number of votes. vi. if the respondent is an elective official of the barangay. and commence the investigation of the case within 10 days after the receipt of such answer of the respondent. It is deemed accepted if not acted upon within 15 working days. Resignation takes effect upon acceptance. vice governors. 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. whose decision shall be final and executory. 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. in case of municipal mayors and vice mayors. in case of governors. Culpable violation of the Constitution iii. 2. (§82.(a) Within 7 days after the administrative complaint is filed. Any elective local official may be the subject of a recall election only once during his term of office for loss of confidence. and no preventive suspension shall be imposed prior to the 90day period immediately preceding local election. When may be imposed: Preventive suspension may be imposed at any time: a. 11. 9. Notice of Hearing (§62. city mayors and vice mayors of component cities. ●The official sought to be recalled is automatically a candidate. vii. 7160).A. panlungsod. Preventive Suspension 1.A. Procedure: i. Disloyalty to the Republic of the Philippines. For all other local elective officials. gross negligence. c. The city or municipal mayor. or removed from office on any of the following grounds: i. Discipline (§60-68. iii. (b) When the respondent is an elective official of a province or highly urbanized city. Commission of any offense involving moral turpitude or an offense punishable by at least prision mayor. 2. iv. (c) However. b. oppression. A written petition for recall duly signed before the election registrar or his representative. Sanggunian concerned. c. suspended. city. ii. ●Effectivity: c. d. After the issues are joined. b. shall be filed with the Comelec through its office in the local government unit concerned. shall be filed before the sangguiniang panlungsod or sangguniang bayan concerned. By the mayor. 7160) 10. if the respondent is an elective local official of a component city or municipality. By the President. or dereliction of duty.ZPG & ASSOCIATES(Zambales.The local chief executive shall establish a procedure to inquire into. shall require the respondent to submit his verified answer within 15 days from receipt thereof. or acquisition of. R. misconduct in office. Irrevocable resignation by sanggunian members takes effect upon presentation before an open session.Pablo. act upon. in case of sangguniang members. The President. Dishonesty. e. in case of barangay officials.A. Grievance Procedure (§83. 7160) a. c. R. municipality or barangay. b. and in a public place in the province. v. and in the presence of a representative of the petitioner and representative of the official sought to be recalled. such hearing and investigation shall be conducted in the place where he renders or holds office. When the evidence of guilt is strong. Abuse of authority. a highly urbanized or an independent component city. except in the case of members of the sangguniang panlalawigan. The governor. Application for. R. 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. resolve or settle complaints and grievances presented by local government employees. bayan and barangay.A.
k. f. Execution pending appeal An appeal shall not prevent a decision from being executed. 255 SCRA 616). nor shall said penalty be a bar to the candidacy of the respondent as long as he meets the qualifications required for the office. 6770. the Supreme Court pointed out that Administrative Order No. Reyes. No.A. 108072. 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. 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. Appointive Local Officials 1.Decisions may. l. 7160) The respondent shall be accorded full opportunity to appear and defend himself in person or by counsel. 290 SCRA 279). Responsibility for human resources and development. A. 7160) The investigation of the case shall be terminated within 90 days from the start thereof. Within 30 days after the end of the investigation. e. he was deemed to have waived his right to answer and to present evidence. Effect of re-election The re-election of a local official bars the continuation of the administrative case against him.The local chief executive shall be responsible for human resources and development in his unit and shall take all personnel actions in accordance with the Constitution. j. upon subsequent exoneration and reinstatement. Administrative appeal. Dec.Gonzales) ●Provided that any single preventive suspension shall not extend beyond 60 days. but. 257 SCRA 55). Case: When the petitioner failed to file his answer despite the many opportunities given to him. Torres. Salary of respondent pending suspension (§64. The authority to preventively suspend is exercised concurrently by the Ombudsman.e.Pablo. Form and notice of decision (§66a. R. he shall be paid full salary or compensation including such emoluments accruing during such suspension. Presidential power to grant executive clemency m.A. 12. 7160) The respondent official preventively suspended from office shall receive no salary or compensation during such suspension. Copy of said decision shall immediately be furnished the respondent and all interested parties. Rights of respondent (§65. guidelines and standards as the Civil Service Commission may establish. Case: The Supreme Court ruled that certiorari will not lie because there is still an adequate remedy available in the ordinary course of law. to confront and cross-examine the witnesses against him. within 30 days from receipt thereof. But the 17 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. or a period of 6 months for every administrative offense.A. the respondent shall be considered as having been placed under preventive suspension during the pendency of the appeal. 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. the respondent shall be deemed reinstated in office without prejudice to the continuation of the proceedings against him. Case: But the Provincial Governor is without authority to designate the petitioner as Assistant Provincial Treasurer for Administration. 1995). without need of approval or attestation by the CSC as long as the said employment shall not exceed 6 months. the same law authorizes a preventive suspension of six months (Hagad vs. and in the event several administrative cases are filed against the respondent. which shall be terminated within 120 days from the time he was formally notified of the case against him. Decisions of the Office of the President shall be final and executory. The suspension did not amount to removal from office (Salalima vs. i.ZPG & ASSOCIATES(Zambales. ●Any abuse of the exercise of the power of preventive suspension shall be penalized as abuse of authority. including such policies. Case: The Supreme Court upheld the imposition of the administrative penalty of suspension of not more than 6 months for each offense. pertinent laws.O. no. Penalty The penalty of suspension imposed upon the respondent shall not exceed his unexpired term. Guingona. appeal of the decision of the Sangguniang Panlalawigan to the Office of the President (Malinao vs. h. At that point. But in Berces vs. C. pursuant to R. The Office of the President. 18 was not repealed by the Local Government Code. Suspended elective official when deemed reinstated Upon expiration of the preventive suspension. the issues were deemed joined. 18 authorizes the Office of the President to stay the execution of a decision pending appeal. Executive Secretary. because under §471 of the Local Government Code. in the case of decisions of component cities’ sangguniang panlungsod and the sangguiniang bayan. R. i. Gozo-Dadole. in the case of decisions of the sangguniang panlalawigan and the sangguniang panlungsod of highly urbanized cities and independent component cities.. 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. ii.R. 241 SCRA 539. be appealed to: i. it is the Secretary of Finance who has the power to . 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. provided that the successive service of the sentence should not exceed the unexpired portion of the term of the petitioners. The sangguniang panlalawigan. g.A. G. and it was proper for the Executive Secretary to suspend him. R.
Cities and Provinces (§469-490. 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. 100 voters in case of municipalities. The Comelec or its designated representative shall extend assistance in the formulation of the proposition. The proposition shall be numbered serially. General Services Officer NOTE: ●In the barangay. Social Welfare and Development Officer n. Disciplinary Action. Two or more propositions may be submitted in an initiative. Architect p. through their duly authorized and registered representatives. 291 SCRA 322). 3. Budget Officer f. Civil Registrar j. cities. Treasurer c. 1.A.000 registered voters in the region. 7160) a. giving notice thereof to the sanggunian concerned. R.Gonzales) appoint Assistant Provincial Treasurers from a list of recommendees of the Provincial Governor (Dimaandal vs. e. 2. If the penalty imposed is suspension without pay for not more than 30 days. enactment. may invoke their power of initiative. Preventive suspension. starting from Roman numeral I. If no favorable action is taken by the sanggunian concerned within 30 days from presentation. his decision shall be final. repeal or amendment of an ordinance. Planning and Development Coordinator g.ZPG & ASSOCIATES(Zambales. Accountant e. VII. Agriculturist m.Pablo. Population Officer s. Procedure: a. The petition shall be signed before the election registrar or his designated representatives. Engineer h. oppression or grave misconduct or neglect in the performance of duty.Except as otherwise provided by law. b.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. Upon the lapse of the period.It is the legal process whereby the registered voters of a local government unit may directly propose. the Comelec shall certify as to whether or not the required b. Proponents shall have 90 days (in case of provinces and cities). Administrator k. the mandated appointive officials are the Barangay Secretary and the Barangay Treasurer. demotion in rank. LOCAL INITIATIVE AND REFERENDUM A. although other officials of the barangay may be appointed by the punong barangay. Veterinarian t. Secretary to the Sanggunian b. Environment and Natural Resources Officer o. the decision shall be appealable to the 18 Civil Service Commission which shall decide the appeal within 30 days from receipt thereof. Not less than 2. d. It may be exercised by all registered voters of the provinces. Officials common to all Municipalities. Health Officer i. or if there is reason to believe that the respondent is guilty of the charges which would warrant his removal from the service. and 50 in case of barangays. fine in an amount not exceeding 6 months’ salary or reprimand. f.000 registered voters in case of provinces and cities. the proponents. Information Officer q. 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. Legal Officer l. suspension for not more than 1 year without pay. Cooperatives Officer r. the local chief executive may impose the penalty of removal from service. 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. may file a petition with the sanggunian concerned proposing the adoption. Commission on Audit. municipalities and barangays 2. enact or amend any ordinance. c. . Defined. a. Local Initiative 1. if the penalty imposed is heavier. Assessor d.
protection and security of life and property. The local referendum shall be held under the control and direction of the Comelec within 60 days (in case of provinces). the punong barangay. If the proposition is approved by a majority of the votes cast. and duly registered in the list of barangay assembly members. The Barangay 1. C. the sanggunian concerned adopts in toto the proposition presented and the local chief executive approves the same. shall be deemed as agents of persons in authority. 4. ii. 15 years of age or over. 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. Defined. 7160. the period shall be 18 months after the approval thereof. Authority of Courts. provides that the punong barangay shall. 3. If the required number is obtained. and other appointive local officials. 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. while other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order. VIII. citizens of the Philippines. In case of barangays. 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. and any barangay member who comes to the aid of persons in authority. §389 (b)5). the initiative shall be cancelled. There shall be in each barangay a punong baranagy. those against such action may. the Comelec shall set a date for the initiative 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).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. The power of local initiative shall not be exercised more than once a year. c. and 30 days (in case of barangays) from the date of certification by the Comelec. appoint or replace the barangay treasurer. seven (7) sangguniang barangay members. There shall also be in every barangay a lupong tagapamayapa. 45 days (in case of municipalities) and 30 days (in case of barangays). the barangay secretary. Chief Officials and Offices a. modified or amended by the sanggunian within 6 months from the date of approval thereof. the sangguniang kabataan chairman. However. If at any time before the initiative is held.Pablo. 19 g. Limitations: a. government units may approve.Gonzales) number of signatures has been obtained. The initiative shall be held on the date set after which the results thereof shall be certified and proclaimed by the Comelec. Failure to obtain the required number of signatures defeats the proposition.It is the legal process whereby the registered voters of the local . On the sanggunian: Any proposition or ordinance approved through an initiative and referendum shall not be repealed. On local initiative: i. It shall meet at least twice a year to hear and discuss the semestral report of the sangguniang barangay concerning its activities and h.ZPG & ASSOCIATES(Zambales. b. B.A. The Comelec shall certify and proclaim the results of the said referendum. b. apply for initiative in the manner herein provided. upon approval by a majority of all the members of the Sangguniang Barangay. Local referendum: 3. For purposes of the Revised Penal Code. LOCAL GOVERNMENT UNITS A. a barangay secretary and a barangay treasurer. amend or reject any ordinance enacted by the sanggunian. or the maintenance of a desirable and balanced environment. R. Initiative shall extend only to subjects or matters which are within the legal powers of the sanggunian to enact. and may be amended. and the members of the lupong tagapamayapa in each barangay shall be deemed as persons in authority in their jurisdiction. if they so desire. 45 days (in case of municipalities). 2. sangguniang barangay members. iii. modified or repealed within 3 years thereafter by a vote of ¾ of all its members.
seven members. ii. pangmetropolitang pederasyon. 4. v. On the national level. enact or amend any ordinance. composed of the punong barangay as chairman and 10 to 20 members. d. except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon. Case: . articulating and crystallizing issues affecting barangay government administration and securing. Creation.Organization of all barangays for the primary purpose of determining the representation of the Liga in the sanggunians. who are duly registered in the list of the sangguniang kabataan or in the official list in the custody of the barangay secretary. In cities. ii. panlalawigang pederasyon. 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. panlungsod na pederasyon. and iii. Where one party is the government or any subdivision or instrumentality thereof. Pederasyon ng mga sangguniang kabataan: There shall be an organization of all the pederasyon ng mga sangguniang kabataan: i. solutions thereto. Exercise administrative supervision over the conciliation panels. pambansang pederasyon. the pambayang pederasyon. Decide on the adoption of initiative as a legal process whereby the registered voters of the barangay may directly propose. Powers of the Lupon: i. c. Sangguniang Kabataan: a. 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. Lupong Tagapamayapa There is hereby created in each barangay a lupong tagapamayapa.Pablo. composition: There shall be in every barangay a sangguniang kabataan to be composed of a chairman. c. Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. Hear and pass upon the semestral report of the sangguniang barangay concerning its activities and finances. during his term of office. as well as problems affecting the barangay. 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.ZPG & ASSOCIATES(Zambales. E. The Municipality The City The Province Leagues of Local Government Units/Officials: 1. Katarungang Pambarangay a. ii. v.000. and the dispute relates to the performance of his official functions. Katipunan ng Kabataan: Shall be compsed of all citizens of the Philippines actually residing in the barangay for at least 6 months. D. The Lupon shall be constituted every 3 years. 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. In special metropolitan political subdivisions. Powers of the Barangay Assembly: i. Should the parties fail to agree on the pangkat membership. In municipalities. iv. a. 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. b. Offenses where there is no private offended party. ii. iv. C. Such other classes of disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice. 20 3. shall have passed the age of 21 shall be allowed to serve the remaining portion of the term for which he was elected. Offenses punishable by imprisonment exceeding one (1) year or a fine of P5. a secretary and a treasurer. through proper and legal means. vi. b. iii. An official who. who are 15 but not more than 21 years of age. and to enable various conciliation panel members to share with one another their observations and experiences in effecting speedy resolution of disputes.Gonzales) finances. or upon written petition of at least 1/20 of its members. In provinces. Disputes involving parties who actually reside in barangays of different cities or municipalities. B. vii. i. or at the call of the sanggunian kabataan chairman.00. It shall meet once every 3 months. consisting of 3 members who shall be chosen by the parties to the dispute from the list of members of the lupon. Where one party is a public officer or employee. and for ventilating. and iii. iii. the same shall be determined by lots drawn by the lupon chairman. Liga ng mga Barangay.
ZPG & ASSOCIATES(Zambales. solutions thereto. articulating and crystallizing issues affecting municipal governments administration. is valid. No. and securing. G. through proper and legal means. 21 . 1997) 2.Gonzales) Where the Supreme Court held that Sec. 7160. R. and does not constitute an irregular delegation of power (Viola vs. August 15. which empowers the Liga to “create such other positions as may be deemed necessary”.Pablo. League of Municipalities. 115844.R. Alunan.A. 493.Organized for the primary purpose of ventilating.
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