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1991. Under the 1987 Constitution, declared policy: The State shall ensure the autonomy of local governments (Art. II, Sec. 25)
Political Law – branch of public law which deals with the organization and operations of the governmental organs of the To highlight this policy, note, an entire Article (X) with State and defines the relations of the State with the inhabitants of fourteen sections is devoted to “Local Governments”. Section (3) its territory. thereof mandates: Congress SHALL enact a local government code (a) to provide a more responsive and accountable local government structure initiated through a system of DIVISIONS OF POLITICAL LAW: DECENTRALIZATION with effective mechanisms of recall, initiative and referendum, (a) allocate among different local government (a) Constitutional Law – branch of public law which units their powers, responsibilities and resources, (c) provide for deals with the maintenance of the proper balance qualifications, elections appointment and removal, term, salaries, between authority as represented by three inherent powers and function and duties of local officials and (d) other powers of the State and liberty as guaranteed by matters relating to the organization and operation of local units. the Bill of Rights. (b) Administrative law – branch of public law which fixes Autonomy – is either decentralization of administration the organization of government, determines (deconcentration) or decentralization of power (devolution). competence of administrative authorities who execute the law and indicates to the individual Decentralization of administration – delegation by the central remedies for violation of his rights. government of administrative powers to local subdivisions in (c) Law on Municipal Corporations order to broaden the base of governmental power making such (d) Law of Public Officers local governments “more responsive and accountable” and (e) Election Laws insuring their fullest development as self-reliant communities and (f) Public International Law effective partners in the pursuit of national development and progress” (declared policy of LGC); relieves central government of the burden of managing local affairs, enabling it to concentrate GENERAL PRINCIPLES on national concerns; the President exercises “general supervision” over them but only to ensure that local affairs are CORPORATION Defined: An artificial being created by operation of administered according to law (President’s mandate to ensure law having the right of succession and powers, attributes and faithful execution of the laws) but he has no control over their properties expressly authorized by law or incident to its acts (he cannot substitute their judgment with his own). existence. Decentralization of power –abdication of political power in favor of CLASSIFICATION OF CORPORATIONS: local government units declared to be autonomous; the autonomous government is free to chart its own destiny and (i) Public – organized for the government of a shape its future with minimum intervention from central portion of the State; authorities; amount to self-immolation since the autonomous (ii) Private – formed for some private purpose, government becomes accountable not to the central authority but benefit, aim or end; to its constituency. (iii) Quasi-public – private corporation that renders public service or supplies NOTE: Constitutional guarantee of Local Autonomy refers to public wants. ADMINISTRATIVE AUTONOMY of local government units (or decentralization of government authority). NOTE: Criterion to determine whether a corporation is public – The relationship of the corporation to the Sate, that is, if created by the State as its own agency to help the State in carrying out its Case: PROVINCE OF BATANGAS vs. ALBERTO G. ROMULO, G.R. No. governmental functions then it is public, otherwise, it is private. 152774, 5/27/2004. CLASSES OF PUBLIC CORPORATIONS: (i) (ii) Quasi-corporation – created by the State for a narrow/limited purpose (PCSO, etc.); Municipal Corporations – body politic and corporate constituted by the incorporation of the inhabitants for the purpose of local government. FACTS: Province of Batangas filed a petition for certiorari to declare unconstitutional and void certain provisos contained in the General Appropriations Acts (GAA) of 1999, 2000 and 2001 earmarking for said years five billion pesos (P5,000,000,000.00) of the Internal Revenue Allotment (IRA) for the Local Government Service Equalization Fund (LGSEF) and imposed conditions for the release thereof such as modifying the allocation scheme for such allotment as prescribed under the Local Government Code and securing approval for local projects from the Oversight Committee on Devolution. RULING: In Section 25, Article II of the Constitution, the State has expressly adopted as a policy tha, “The State shall ensure the autonomy of local governments”. The State policy on local autonomy is amplified in Section 2 thereof, “It is hereby declared the policy of the State that the territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self-reliant communities and make them more effective partners in the attainment of national goals x x x . The assailed provisos in the GAAs of 1999, 2000 and 2001 and the OCD resolutions violate the constitutional precept on local autonomy. Section 6, Article X of the Constitution reads: Sec. 6. Local government units shall have a just share, as determined by law, in the national taxes which shall be automatically released to them. "Automatic" means "involuntary either wholly or to a major extent so that any activity of the will is largely negligible; of a reflex nature; without volition; mechanical; like or suggestive of an automaton. Being "automatic," thus, connotes something mechanical, spontaneous and perfunctory. As such, the LGUs are not required to perform any act to receive the "just share" accruing to them from the national coffers. The "just share" of the LGUs is incorporated as the IRA in the appropriations law or GAA enacted by Congress annually. The entire process involving the LGSEF’s distribution and release is constitutionally impermissible. The LGSEF is part of the IRA or “just share” of the LGUs in the national taxes. Submitting its distribution and release to the vagaries of the implementing rules including the guidelines and mechanisms unilaterally prescribed by the Oversight Committee from time to time as sanctioned by the challenged laws and OCD resolutions, makes the release not automatic – a flagrant violation of the constitutional and statutory mandate that LGUs’ just share shall be automatically released to
ELEMENTS OF MUNICIPAL CORPORATIONS: 1. 2. 3. 4. Legal creation or incorporation – there must be a law creating/authorizing the creation or incorporation of a municipal corporation]; Corporate name – name by which the corporation is known; Inhabitants – people residing in the territory of the corporation; Territory – land mass where the inhabitants reside together with internal and external waters and air space above the land and waters.
DUAL NATURE & FUNCTIONS OF MUNICIPAL CORPORATIONS: Every local government unit created/organized under the Local Government Code is a BODY POLITIC and CORPORATE endowed with powers to be exercised by it in conformity with law. As such it shall exercise powers as a political subdivision of the National Government and as a corporate entity representing the inhabitants of the territory (Section 15, RA7160). Accordingly, it has dual functions – (i) public or governmental – acts as an agent of the State for the government of the territory and the inhabitants; and private or proprietary – acts as an agent of the community in the administration of local affairs, as such, acts as a separate entity for its own purposes and not as a subdivision of the State. BASIC PRINCIPLES Sec. 1 – Act shall be known as the Local Government Code of
later became 12. not for political representation. plans. cannot issue a resolution or an ordinance that minority representation. bureaus and agencies in the area. the provinces of implemented in their jurisdiction. Maguindanao. mandates regional autonomy to give a bold and unequivocal answer to the cry for a meaningful. The division of the country into regions is intended to facilitate not only the administration of local governments which the law requires to have regional offices. With definite regional centers and required departments and agencies of the Executive Branch of the National Government to set up field offices therein (DTI VII. this freedom is taken away. X of the Constitution (for the of the autonomous peoples are reined in and tied up. the right to self-determination — a right to choose their own path of development. Art. It is typically a and confined within the extent allowed by the central delegated power. the principle of local autonomy under the delegate certain authority to more local governments.LGU to enjoy genuine and Autonomous Region in Muslim Mindanao (provinces of Basilan. Dipolog. respectively.R.O. In accordance with RA6734. Dimalotang (Dimalotang). What the national legislature allows by law. by ordinance or resolution. Iligan. Subsequently. Sec. once more. Petition with SC. whether geographically or Ours is till a unitary government. a kind of local self-government which allows the people of the region or area the power to determine what is best for their growth and development without undue interference or dictation from the central government). Self-determination refers to the need for a political structure that will respect the autonomous peoples' uniqueness and grant them sufficient room for self-expression and self-construction. federalism in that the sub-units that have been authorized to act (by delegation) do not possess any claim of right against the Municipal governments are only agents of the national central government. the law granting a franchise to the PCSO and and even religious diversities. The functions of the regional offices is to be established pursuant the reorganization plan are: (a) implement laws. (3) to coordinate with regional offices of other departments. FACTS: Pursuant to Sec. 11/25/2004. Pagadian. not a federal state. Decentralization comes in two forms — deconcentration and devolution. Basilan and Marawi City joined). Section 18 of Constitution mandates for Congress to enact an organic act for the autonomous regions (with assistance and participation of consultative commission composed of representatives appointed by the President from list of nominees of multisectoral bodies) to provide for an autonomous regional government with a basic structure consisting of an executive department and a legislative assembly and special courts with personal. II. meaningful autonomy to enable them to attain their fullest Cotabato.legislature itself already declared lotto as legal and permitted its ARMM 1st Engineering District in Lanao del Sur. recognizes the the national government through an Act of Congress (RA1169). Petitioners Arsadi M. rules and regulation of the department or agency in the regional area. 426. DPWH Regional Office). Sultan Kudarat. DPWH SECRETARY. as wholeness of the Philippine society in its ethnolinguistic. contemplates grant of political autonomy and not just administrative autonomy to those regions.O. Besides. connotes political decentralization. or the transfer of powers. Dapitan. MR by Respondent denied. have been previously devolved to the Autonomous Region in Muslim Mindanao) was enacted. By regional autonomy. operation around the country. as a LGU.A. Puerto Princesa and Zamboanga with appropriate lgu. family and property law jurisdiction in each of the autonomous regions. taong 1995) passed by the Provincial Marawi City and Lanao del Sur. RA 6734 (An Act Providing for An Organic Act for the by virtue of E. In essence. Devolution. And in case of conflicts. became the Section 2. 15. EO426 was issued placing the control and supervision of the The declaration of policy as stated in Section 2 of LGC reinforces offices of the DPWH within the autonomous region in Muslim declared State policy (Art. and the cities of Cotabato. the right to determine the political. Meaning of Administrative Regions – are mere grouping of contiguous provinces for administrative purposes. Case: DISOMANGCOP vs. established 11 regions. With R. It any form of autonomy granted to LGs will necessarily be limited involves decision-making by subnational units. Petitioners contend that the Board of Laguna. ngo and po. to annul KB 508 and compel the the local mayor to issue RULING: Petition GRANTED. and the National Government takes control again. of the 1st Engineering District of DPWH-ARMM in Lanao del Sur petitioned to nullify Dept. autonomy to local government units. No. Cordilleras). responsibilities. X. The creation of autonomous regions in Muslim Mindanao and the challenged law creates an office with functions and powers which. Congress itself through R. a provincial board may not disallow A necessary prerequisite of autonomy is decentralization. 25 of Constitution) ensuring Mindanao under the Autonomous Regional Government. the four provinces of Lanao del Sur. Creation of administrative regions for purpose of expediting the delivery of services is nothing new. Lanao del Norte. 9054 transferred and devolved the administrative and fiscal management of public works and funds for public works to the ARG. would seek to prohibit permits.them. Disomangcop and Ramir M. To this end. the provision also curtails the power of Congress over autonomous regions.A. government. the people of Muslim Mindanao in this case. 1. filed for declaratory relief before the RTC. and Zamboanga partners in attainment of national goals – thru decentralization. effective and forceful RULING: Game of lotto is a game of chance duly authorized by autonomy. which is unique to the 1987 Constitution. Congress will have to re-examine national laws and make sure that they reflect the Constitution's adherence to local autonomy. cultural amended by BP42. Calvento arguing that KB508 is considering that the functions of the Marawi Sub-District curtailment of State power since in this case the national Engineering Office have already been devolved to the DPWH. voting in favor of autonomy. It strives to free Philippine society allows it to operate lotteries. More importantly. the national government deems Policies emanating from the legislature are invariably it wise and proper to permit it.Declaration of Policy . Meaning of Autonomous Regions – creation of autonomous regions in Muslim Mindanao and the Cordilleras. Local councils exercise only delegated legislative powers conferred upon them by Congress as the national 2 . This statute remains valid today. It does not implies some measure of decentralization. in their capacity as Officer-in-Charge and District Case: LINA VS. DOLE VII. 8999. Palawan. PANO 364 SCRA 76 Engineer/Engineer II. The hands. policies. 508. wherein a larger government chooses to government. The aim of the Constitution is to extend to the autonomous peoples. Suit decided EO426 (issued pursuant to RA6734). which was made part of the law of the land by virtue of Presidential Decree No. Thus. objecting/opposing any form of gambling challenged measures violate ARMM’s constitutional autonomy including lotto in Laguna. DO119 is violative of the provisions of a business permit for the operation of a lotto outlet. (2) provide economical. such as lotto. cultural and economic content of their development path within the framework of the sovereignty and territorial integrity of the Philippine Republic. While lotto is a game of chance. however. 426 officially devolved the powers and functions of the DPWH in ARMM to the Autonomous Regional Government (ARG). functionally defined. Consequently. del Sur. it involves the transfer of functions or the delegation of authority and responsibility from the national office to the regional and local offices. Being so. Sulu and Tawi-Tawi. General National agencies and offices to conduct periodic consultations Santos. before any proect or program is said no in the plebiscite) (later virtue of RA9054. efficient and effective services to the people in the area. The 1987 Constitution in Calvento’s favor. as a national policy. the framers intended it to mean "meaningful and authentic regional autonomy (that is. on the other hand. Hence. 149848. Marawi. Decentralization is a decision by the central government authorizing its subordinates. but unitary systems make local governments sovereign within the state or an may also decentralize. LGC. E. Federalism 1987 Constitution simply means decentralization. to exercise authority in certain areas. DPWH-ARMM. of the strain and wastage caused by the assimilationist approach. Autonomy. The Integrated Reorganization plan of 1972. the underlying spirit which should guide its resolution is the Constitution's desire for genuine local autonomy. Art. Decentralization differs intrinsically from “imperium in imperio”. Davao del Sur. programs. the Provincial Board of assimilationist in character despite channels being open for Laguna. First Engineering District in Lanao del Sur. Mayor of San Pedro Laguna Office and vesting it with jurisdiction over all national denied his application for a business permit citing an ordinance infrastructure projects and facilities under the DPWH within (Kapasyahan Blg. Deconcentration (administrative decentralization) is administrative in nature. Section 16. Article X limits the power of the President over autonomous regions. Order FACTS: Respondent Tony Calvento was appointed PSCO agent to 119 and RA8999 (creating the Marawi Sub-District Engineering install and operate a lotto terminal. Zamboanga del Norte. and (3) perform such other functions as may be provided by law. and resources for the performance of certain functions from the central government to local government units. South development as self-reliant communities and make them effective Cotabato. G.
by the appropriate appointing authority. old site together with Power to declare what the law shall be is a legislative power. the argument is an afterthought. strictly effectivity of law/ordinance effecting such action. Section 7 – Creation/Conversion of LGU – generally. population or land area. concerned shall take into account the existing facilities of the national and local agencies and offices which may serve as the 3 . consolidate their efforts. subject to be accompanied with provision for reasonably adequate verifiable indicators of viability and projected capacity to provide resources to discharge their powers and effectively carry out their services: INCOME. AVAILABILITY OF TRANSPORATION AND COMMUNICATION FACILITIES. plebiscite to be conducted by COMELEC within 120 days from date of (b) doubt as to any tax ordinance or revenue measure. NSO and Land own sources of revenue and the right to a just share in the Management Bureau of DENR. the PCSO. transfer site shall not be outside intent is the controlling factor in the interpretation of statute. services Land Area – must be contiguous. improvements thereon may be disposed of by sale or lease or power to declare what the law is or has been is judicial. unless it comprises two (2) or and resources for purposes commonly beneficial to them – thus. that is. properly identified by metes and bounds with technical descriptions and sufficient to provide for such basic services and NOTE: Autonomy denotes “state of independence” (referred facilities to meet the requirements of its populace. or ORDINANCE by sangguniang panlalawigan/panglungosd in the case of a barangay located (c) local officials and employees. Power of judicial review can be exercised by courts to invalidate constitutionally infirm acts. cites and as expected of the LGU concerned. of property). based on acceptable standards to respective areas provide all essential government facilities and services and special functions commensurate with the size of its populations. LGC (prior consultation by national agencies with lgus involving projects that may cause pollution. merger. loss of crop land. ACCESSIBILITY. requires 2/3 vote of members of Note: Basic precept in statutory construction that legislative sanggunian. responsibility and accountability in LGUS shall LGU or its conversion from one level to another. to be appointed or removed. merged. municipality or barangay to which the LGU to be abolished will be incorporated or merged. POPULATION and LAND AREA. municipalities – to component barangays to ensure that acts of component units are within scope of prescribe powers and Population – total number of inhabitants within the territorial functions (supervisorial powers) jurisdiction of the LGU concerned. but of a charitable institution. When exercising governmental powers and same requisites for creation under Section 7. ECONOMIC PROGRESS and give more power to LGU in accelerating economic development OTHER RELEVANT CONSIDERATIONS. to provinces. the territorial boundaries of the LGU. (b) establishment in every LGU of an accountable. national taxes and an equitable share in proceeds of the utilization and development of the national wealth within their Income – must be sufficient. When is statute AMBIGIOUS? If capable of being understood by Section 12 – Government Centers – Provinces. assumption of Thus. in case of doubt. climatic change. and (d) territory – land mass where inhabitants respective powers. and fitness.name by which the corporation shall be known. Section 26. be located. conditions and development in LGU concerned has subsequently changed significantly. (b) corporate name. municipalities and barangays and other political subdivisions as may be created by law and to the extent herein provided to officials. a LGU is an agency of the national income. functions and responsibilities [is provided for reside together with internal and external waters and airspace by LGC]. liberally in favor of taxpayer (deprivation law/ordinance fixes another date.Valid law authorizing incorporation. that is. city. Section 2(c) does not apply to lotto. agencies or branches of the National Government. the latter being neither corporate powers. local autonomy. colorable compliance with law. division or substantial alteration of boundaries of LGUs. GEOGRAPHICAL CENTRALITY. It only means decentralization of powers from national to local Section 8 – Division/Merger of existing LGUs – to comply with government. population or land aea has been irreversibly reduced to less than the minimum standards prescribed for its creation (as certified by DOF. Section 5. interpreted in favor of LGU concerned Section 9 – Abolition – LGU may be abolished when its income. offices or agencies of the National Government. In designating such a center. a program nor project of the national government. creation of (d) vesting of duty. suggest that the LGUs can undo the acts and negate by mere ordinance the mandate of the statute. requires majority of the votes cast in plebiscite called for the purpose in the political unit/s directly affected. the lgu legislative interpretation of their own acts. abolition. Tax exemption. subject to limitations prescribed and regulation. courts are not bound by Section 2(c) requiring consultations should be read together with legislative interpretation of their own acts. (e) provinces – to component cities and municipalities. COMELEC 213 SCRA 672) independence of LGUS from the central or national government. subject to civil service law. efficient and dynamic organizational structure and operating mechanism that will meet priority needs and service requirements of its communities. after public hearing. any question shall be resolved in favor of devolution of powers and of the lower LGU. Elements: (a) legal creation/incorporation – there must be a law Section 3. interpretation thereof is IMPERATIVE. of Finance. more islands or is separated by a LGU independent of the others MMDA. courts are not bound by as practicable. city. (c) inhabitants – people residing in the territory of (a) effective allocation among the different LGUs of their the corporation. municipalities shall endeavor to establish a government center where offices. NSO and LMB). attempt in good faith to land or forest cover and extinction of animal or plant species). according to merit in this Code. as far constitutionally infirm acts. It is heresy to reasonably well-informed persons in either of two or more senses. cities and reasonably well-informed persons in either of two or more senses. abolished or borders substantially altered) either by LAW enacted by Congress in the case of province. Ergo. range. Power of judicial review can be exercised by courts to invalidate lgu or government-owned or controlled corporations may. construed strictly against person claiming it (loss of income on Section 11. DRAINAGE (c) liberal interpretation of general welfare provisions in order to AND SANITATION DEVELOPMENT. Mayor denied application for business permit solely MUNICIPAL CORPORATIONS on ground of KB508. LGC – Scope of Application – scope means areas of coverage. Section 10 – Plebiscite requirement – pre-condition to creation.Seat of Government considerations of part of LGU). municipality or any other political subdivision. law/ordinance abolishing an LGU to specify province. LGC – Operative Principles of Decentralization – policies creating/authorizing creation or incorporation of a municipal and measures on local autonomy to be guided by these: corporation. classification. incentive r relief granted any LGU. De Facto Municipal Corporations requisites: depletion of non-renewable resources. (f) LGUs may group themselves. above land and waters. Also. rules within its territorial jurisdiction. Ergo. LGC – Rules of Interpretation – (a) provision on power of LG shall be liberally interpreted in its favor. compliance with function – they shall have the power to create and broaden their which to be attested to by the Dept. transfer of seat when and upgrading quality of life for the people. The delegate cannot be superior to the principal When is statute AMBIGIOUS? If capable of being understood by or exercise powers higher than those of the latter. No reduction in performing duties. application and not deem beneficial to the LGU and its inhabitants. Section 4. no reduction in current income government. 27. organize under it. Any fair and reasonable doubt as to existence of power. previously to states) – community autonomy. unless said construed against LGU. local autonomy does not mean total (READ GRINO VS. cities.lawmaking body. divided. In the LGC. Section 6 – Authority to Create LGU – (created. When law converted to such other use as the sanggunian concerned may is unambiguous and unequivocal.
1960]. merge any of declaration. Case: MUN. 12/2/1996 from passing in audit any expenditure of public funds in implementation of said certain executive orders and/or FACTS: In 1949. although it may be inquired into directly in an action for quo warranto at the instance of the State and not of an individual like the petitioner Balindong. Sinacaban had been in existence for sixteen years when the Pelaez ruling yet the validity of E. and increase or diminish the territory existence of a statute. the trial court’s decision affirming the legal existence of the adoption of means and ways to carry into effect the law Sinacaban and ordering the relocation of its boundary for the creating said municipalities . LGC of 1983 (B. Executive Order 386 declared void. MEJIA vs. municipalities was void because the Board had no power to alter the boundaries of Sinacaban as fixed in E. In 1988. change requires prior plebiscite. Generally. But the rule disallowing collateral attacks applies only where the municipal corporation is at least a de facto corporation. That as a de facto corporation. Administrative Code. THE AUDITOR GENERAL. The effect of the subsequent ruling as to invalidity such subdivisions or portions with another. it is necessary that officials thereof be appointed or elected in order A de facto municipal corporation is recognized as such despite that it may transact business as such public corporation or city. in the case at bar. and may change the seat of government particular relations. or boundaries. as inoperative as though it had never been define the boundary.passed. public place. This is not to say. the municipality of Code shall continue to exist and operate as such. when Municipality of Sinacaban filed with the Provincial Board of Republic Act No. 386 and restrain respondents from performing their official functions. instituted a special civil action seeking to enjoin Auditor General 105746.. For where it is neither a corporation de jure nor de facto. The past cannot always be erased by a new judicial province. cultural or ethnic significance can be done only by a UNANIMOUS VOTE of the sanggunian concerned and in consultation with the PHC. Section 14 – Beginning of Corporate Existence – When a new LGU is created.O. and as such cannot operate or transact business by itself but through agents and officials. 27 SCRA 533 FACTS: Petitioner Balindong (municipal mayor of Malabang." This statutory denial of the presidential authority to declared the disputed area to be part of Sinacaban ruling that the create a new barrio implies a negation of the bigger power to previous resolution approving the agreement between the create municipalities. but a nullity. Pres. having been municipal districts organized pursuant to presidential issuances or 4 . we have since held that where a municipality created as such by executive order is later impliedly recognized and its acts are accorded legal validity. but nonetheless asserted jurisdiction on the affected" and the "recommendation of the council of the basis of an agreement it had with the Municipality of Sinacaban municipality or municipalities in which the proposed barrio is and approved by provincial board resolution in 1950.R.O. [township] municipal district or other operative fact which cannot justly be ignored.the municipality in question is a nullity pursuant to the ruling in 23825. the existence of Executive Order 386 is "an province. its officers having been either elected or appointed. 258. including the citizens of the territory incorporated unless they are estopped by their conduct from doing so. organized under color of a statute before this was declared unconstitutional (by Pelaez ruling). HON. that power Whereas the power to fix a common boundary. Streets and Structures – always in consultation with Philippine Historical Commission. change of name not oftener than once every 10 years unless for justifiable reason. BAZ.R. Also. and the municipality itself having discharged its corporate functions for the past five years preceding the institution of this action. purporting to act pursuant to powers are a nullity because the executive order "is. vs. Citing Pelaez ruling (that Republic Act 2370 [Barrio Charter Act. prior to such a determination. rests upon the consideration that there was some other valid law giving corporate validity to the organization. 1960. Case: MALABANG vs. must be deemed to have cured any defect in the creation of Sinacaban. is unconstitutional (a) because it constitutes an undue delegation of legislative power and (b) because it offends against Section 10 (1) of Article VII of the Constitution. it has attained de jure status. VICENTE T." The actual political subdivision. No. separate any political division other than a be ignored.the authority to create municipal purpose of determining whether certain areas claimed by it corporations is essentially legislative in nature. 258. out of barrios and sitios of the Malabang. as it does. may divide any province into one or more operative fact and may have consequences which cannot justly subprovinces. the rule is that its existence may be questioned collaterally or directly in any action or proceeding by any one whose rights or interests are affected thereby. barrios may "not be Misamis Occiental a claim against Petitioner over portions created or their boundaries altered nor their names changed" affecting certain barrios based on the technical description in E. Hence. in legal Sec. into such portions as may be required. however. in an comprised therein. (“Municipalities existing as of the date of the effectivity of this unlike the municipalities involved therein.O. The National Government. DECISION: The principal basis for the view that Sinacaban was not validly created as a municipal corporation is the Pelaez ruling that the creation of municipal corporations is essentially a legislative matter and therefore the President was without power to create by executive order Sinacaban. Petitioner (as Vice-President and as taxpayer). Petitioner sought to nullify E. in order to avoid being vested in Congress pursuant to the Constitution and the or settle conflicts of jurisdiction between adjoining municipalities. the lgu or gocc shall bear the expenses for the construction of its buildings and facilities in the government center. change of name involving a lgu. Respondents argued that Pelaez ruling did not apply because. street or structure with historical. JR. sub. under EO258 the disputed area board "upon petition of a majority of the voters in the areas is part of Sinacaban. may require). private and official. its creation can no longer be questioned. municipality. 442(d) of the LGC. prohibition against naming after living persons. 258 creating it had never been questioned. 1960. name any new may have to be considered in various aspects — with respect to subdivision so created. Executive Order 386 creating Case: EMMANUEL PELAEZ vs. vested power to create barrios in the provincial board. Thus. issued several executive orders creating 33 municipalities. the DECISION: PETITION GRANTED.O. which limits the President's power over local governments to mere supervision”). the inquiry into the legal existence of a municipality is reserved to the State in a proceeding for quo warranto or other direct proceeding. Balabagan. Petitioner challenges may partake of an administrative nature — involving. OF JIMENEZ. BENITO. The board situated. Garcia. Section 13 – Name of LGU and Public Places." Note. 68 of disbursement by said municipalities. DECISION: Petition granted. (formerly part of Malabang) was created on March 15. No. Lanao del Sur). as. Respondents (Mayor Benito and councilors of Municipality of Balabagan of the same province). Elpidio Quirino (pursuant to Sec. belonged to it. Since January 1. 337). its corporate existence shall commence upon election and qualification of its chief executive and majority of members of sanggunian. there is no other valid statute to give color of authority to its creation. its existence cannot be collaterally attacked. The State and even the Municipality of Jimenez itself have recognized Sinacaban's corporate existence entering in 1950 into an agreement with it regarding their common boundary. each of which consists of several barrios. individual and corporate. 1/24/1965 Pelaez ruling. However. independently of Section 68 of the powers. BALOLING 81 PHIL 486 – Since a city is a public corporation or juridical entity. the fact that the statute creating it was later invalidated. 68 of Revised Administrative Code (presidential authority to contemplation. The ruling in this case has been reiterated in a number of cases later decided. attempt in good faith to organize under statute had not been invalidated cannot conceivably make it a de it. that the acts done by the municipality of Balabagan in the exercise of its corporate FACTS: President of the Philippines. and Section 68 of the Administrative Code. No. G. and that only in a few exceptions may a private person exercise this function of government. approved January 1. Existing Balabagan is at least a de facto corporation. Sinacaban is at least a de facto municipal corporation in the sense that its legal existence has been recognized and acquiesced publicly and officially. by Executive Order 386 of the then President Carlos P. and particular within any subdivision to such place therein as the public welfare conduct. L. colorable compliance with law. Before the SC. except by Act of Congress or of the corresponding provincial No. of any province. Blg. assumption of corporate facto corporation. NOTE: De Facto Municipal Corporations requisites: Valid law the mere fact that Balabagan was organized at a time when the authorizing incorporation. Revised Admin Code) issued EO258 creating the Municipality of Sinacaban consisting Petitioner’s southern portion. insofar as it gives the President the power to create municipalities.government center as contemplated under this Section. No. 2370 became effective.P. G. Petitioner conceded that.
in reversing the dismissal of (2) Equal Protection Clause ( interest of public vs. but may be validly delegated. Makati. ordain and establish all manners of wholesome and reasonable laws for the common good. there was no need for an ordinance unduly oppressive – case of Villavicencio vs. CITY OF DAVAO. settled.A. Respondent Bel-Air Village valid delegation. it acts as a separate entity for its own purposes and not as a subdivision of the State. Dual Functions of LGU – (1) public/governmental – acts as an Legislature has delegated police power to LGUs (Sec. i. March 25. 7924 was not submitted to the inhabitants of Metro Manila in a plebiscite. a road (beside) privately/legally owned by the (1) Exercisable only within territorial limits of LGU subdivision. However. twelve (12) cities of Caloocan. Quezon. that possess legislative power and police power. Mandaluyong. programs. 448) – composed of more more urbanized and the Metro Manila Vice-Mayors' League and the president of the developed barangays. MMDA not services and effective governance of inhabitants within a special metropolitan political subdivision. PD 1596 (The Environmental Impact Statement System) ensures environmental protection and regulates certain government Clearly then. is a non-stock. subdivision” as contemplated in Sec. 56 R. 14639. Related to PD 1151 as the MMDA under R. G. LGC) agent of State for the government of the territory and its through their respective legislative bodies. the Sangguniang Panlungsod of Makati City did not pass any ordinance or resolution ordering the opening of Neptune Street. Section 16 – General Welfare Clause – LGUs shall exercise powers (5) Autonomous Regions – refer to Article 10 of the expressly granted. Constitution. because the latter’s creation requires the approval by a majority of the votes cast in a its jurisdiction. it was endowed with police power in the (4) Not contrary to the Constitution and the laws (It cannot delivery of basic services in Metro Manila including traffic legalize prohibited act under the guise of regulation. No. coordination.. Likewise. Section 15 – Political and Corporate Nature of LGUs – every LGU is Points of Discussion – Police power is inherent in the State. Respondent had sought to enjoin Petitioner’s plan to demolition the perimeter fence and open to public access Limits on LGUs police Power Neptune Street. GR No. LGC) – groups of barangays. policy-setting. No. serves as a general purpose Metro Manila Councilors' League) headed by the Chairman. appropriate or incidental for efficient and Constitution. RA7160). regulation. serves as the people. regulations in the Note: Police power is an inherent attribute of sovereignty vested Case: MMDA vs. It is the local government units. Petitioner asserted that. Pasay. The power delegated to MMDA is that given to resolutions and appropriate functions for the general welfare of the Metro Manila Council to promulgate administrative rules and the LGU. BAVA. The latter being Association. enhance economic prosperity and social justice. It is beyond doubt that MMDA is not a and enrichment of culture. 1919) as an agent of the State. enhance prosperity. Unlike the MMC. were "without prejudice to the autonomy of the affected local serves primarily as a general purpose government for government units. Navotas.D. LGU to ensure and support preservation DECISION: Petition DENIED. 440. San Juan and Taguig) municipalities and component cities. In the case at bar. Metropolitan Manila became a "special development and administrative region" and the MMDA a "special development authority" whose functions (3) Municipality (Sec. as well as those necessary.R." The character of the MMDA was clearly coordination and delivery of basic. improve public legislative power. LGC). the MMDA has 5 .A. those of a Respondent’s complaint.R. the exercise thereof by the delegate being limited only to such powers as conferred by the legislature. let alone legislative power. Before the (3) Due Process Clause (reasonable means employed and not SC. X of the maintenance of peace and order. regular and direct defined in the legislative debates enacting its charter. government for coordination and delivery of basic. Note: Under Section 16. effective governance (i. NOTE: When R. 16. 11. but appointed by the President with the rank and the primary planning and implementing unit of privileges of a cabinet member. the president of (2) City (Sec. (governed by the Metro Manila Council composed of the mayors of the component 12 cities and 5 municipalities. Las Piñas. ruled that Petitioner did not have the particular class requires exercise of such power) authority to order the opening of the street in issue. charter. and as such. 7924 took effect. promote health and safety. valid delegation. crystallized merely exercises supervisory authority. No. non-profit corporation composed only agents can only exercise such powers as are conferred upon of homeowners in Bel-Air Village. LGC) – basic political unit. monitoring. management. convenience and welfare of the general public). regular and direct services and effective governance of the inhabitants within its jurisdiction. no power to enact ordinances for the welfare of the community. it management (involving regulation of the use of thoroughfares to cannot prohibit legal activities but only regulate) insure the safety. 824 is not the same entity activities affecting the environment. 384. NOTE: RA 7924 declared Metropolitan or Metro Manila (body composed of several LGUs. preparation.A. statutes (eg. It is not even a “special metropolitan political morals. Parañaque and Valenzuela.e. Upon exercised by it in conformity with law. 3/27/2000 in Congress to make. a private subdivision in Makati them by Congress. The Chairman of the MMDA is not an official elected by (4) Barangay (Sec. Inc. plans. In fact. part of his function is to government policies. No. plebiscite in the political units directly affected. G. Section 25 and Article X of the Constitution. its proposed opening by petitioner MMDA is illegal and the respondent Court of Appeals did not err in so ruling. Marikina. 15. the President collective views of people may be expressed. 57 whereas in local government units. promote health. enhance local government unit or a public corporation endowed with people’s right to balance and healthful ecology. and the five (5) (1) Province (Sec. No. MMDA’s powers are limited to formulation. a body politic and corporate endowed with powers to be exercised by the Legislature. 148622. hence. We desist from ruling on the other issues as they are unnecessary. community in the administration of local affairs. The Court of Appeals. Lukban. No. Pateros. implementation. Case: REPUBLIC (DENR) vs. those necessarily implied therefrom.e. projects and perform such other duties as may be assigned to him by the activities in the community and as a forum wherein President. (2) proprietary/private – acts as an agent of the Welfare Clause (Sec. it may be exercised by LGUs. 7924. 459. installation of a system 9/12/2002 and administration. Municipal Corporation in the Philippines: Manila. the MMC under P. improve morals of inhabitants) – is the statutory grant of police power to LGUs through their respective legislative Note: Metropolitan Manila Development Authority is not a local bodies empowering them to enact ordinances and approve government unit. it is FACTS: Petitioner is a government agency tasked with delivery of plenary and its scope is vast and pervasive. Muntinlupa.executive orders and which have their respective set of elective municipal officials holding office at the time of the effectivity of the Code shall henceforth be considered as regular municipalities”). safety. There is no syllabus in RA7924 that grants MMDA police power. GENERAL POWERS & ATTRIBUTES OF LGUs Sources of Powers – Article II. LGC) – cluster of municipalities or municipalities of Malabon. Art. by virtue of basic services in Metro Manila. City. from the City of Manila to open Neptune Street to public because. Pasig. under the General inhabitants. 135962. This emphasizes the and considered where disputes are also amicably administrative character of the MMDA. acting through their respective legislative councils. as a political and as a "special development and administrative region" with the corporate unit of government which serves as a dynamic administration of "metro-wide" basic services affecting the region mechanism for developmental processes and effective placed under "a development authority" referred to as the MMDA governance of LGUs within its territorial jurisdiction.
The second.R. The LGC provisions invoked by private respondents merely seek to FACTS: For non-payment of mayor’s permit fee and annual give flesh and blood to the right of the people to a balanced and business taxes. Resources and as to compliance with all other existing rules and can not claim exemption from the coverage of PD 1586. peace. requires an environmental impact statement from all agencies and instrumentalities of the national government. To overthrow this environmentally critical area. the duty to ensure the quality of the environment. the ordinances imposing licenses and before it can proceed with the construction of its project. as well as private corporations. in Environmental Compliance Certificate issued by the President or violation of constitutional guarantees. (by distraint of instrumentality of the National Government. Petitioners.e. fall within Denial of application lead to complaint for injunction against the purview of the first branch of the general welfare clause. As a regulations on the matter. 458(a)(1)(vi) and 468(a) which resulted loss of expected earnings. Section 4 of PD 1586 clearly states that "no person. In the present case. heavy contradiction. on one hand. project area not the presumption of constitutionality. as well as private corporations. closure of the bank. petition with SC.. DECISION: PETITION dismissed. 447(a) (1) (vi). . Pending these charges. Proclamation presumption. as may be necessary to carry into effect and discharge the powers and duties conferred upon the municipal council by law. authorizes the municipal council to enact ordinances and make regulations not repugnant to law. 15-92 (effective January 1. under protest P82. 1993) banning the shipment of all live fish and lobster outside Puerto Princesa Decision: Sec. morals. 337. firms and entities. not merely a doubtful or argumentative projects as ECA and within EIS system under PD1586. SC is not trier of facts. 20 The authority of a local government unit to exercise police power under a general welfare clause is not a recent development. The first. To doubt is to sustain. two cockpits may be established. DENR filed by Davao City. G. known as the general legislative power. including government-owned or controlled corporations. who were charged with violation of certain provisions of the foregoing issuances upon the latter’s implementation. is deemed excluded personal property. there can be no finding of unconstitutionality. 23. RTC dismissed the (1)(vi). the closure of the bank was a valid exercise of police power pursuant to the general welfare clause contained in and restated by B. the acting city mayor issued Office Order No. 2146 issued on December 14. Palawan. LGC . The law did not provide under the principle of expressio unius est exclusio alterius. which is the very same objective of PD 1586. Case: RURAL BANK OF MAKATI. .P. The state and its political the Mayor's permit could be granted or denied. environmentally critical project or area without first securing an and unduly restricted them from the practice of their trade.R. for closure which furthermore violated petitioner's right to due process.(Philippine Environment Policy)." 13 The Civil Code defines a office order contained no regulation nor condition under which person as either natural or juridical. for purposes of regulation enacted by the municipal council of Makati. the closure order was a legitimate exercise of police power by Respondent. and convenience of the municipality and its inhabitants. shipper possessed the required Mayor's Permit issued by this Office and the shipment is covered by invoice or clearance issued Sec. good order. Thus. Where doubt exists. PD449 (Cockfighting Law of 1974) provided that only one cockpit shall be allowed in each city/municipality except that in cities or municipalities with a population of over 100T. the General Welfare Clause. an LGU. not being an agency or provided for in Section 62 of the Local Tax Code. law governing local government units. Blg. No.The bank was not engaged in any illegal or entities are mandated to go through the EIA process for their immoral activities to warrant its outright closure. including government owned or controlled corporations. 1993 to January 1. GOV. criminal charges against certain officers of healthful ecology. subject fees and closure order were oppressive and arbitrary and under Sections 149. 16. firms and RE (closure order) . MUNICIPALITY OF MAKATI.R. vs. 149743. etc. Case: TAN vs. SOCRATES. and for the protection of their property. an LGU has Palawan issued a similar ordinance. G. passed Ordinance No. In light then of the principles of decentralization and devolution Petitioner filed a civil complaint for sum of money and damages enshrined in the LGC and the powers granted therein to local against Respondent with RTC alleging that the collection of government units under Section 16 (the General Welfare Clause). 2/18/2005 DECISION: Assailed decision AFFIRMED with modification deleting closure order. LGC (a local government unit is body politic from January 1.Municipal corporations are agencies of the State for the promotion and maintenance of local self-government and as such are endowed with police powers in order to effectively accomplish and carry out the declared objects of their creation. It is of course settled that laws Note: Based on DENR-Community Environment and Natural (including ordinances enacted by local government units) enjoy Resources Office (CENRO-West) certification. the Municipal Council of Daanbantaya. Cebu enacted municipal ordiances which 6 . an LGU is an agency shipped out from the Puerto Princesa to ascertain whether the of the national government. the national government. To implement said city and corporate endowed with powers to be exercised by it in ordinance. 150763. addressed the free city seawaters from cyanide and other obnoxious substances. major mining and shown beyond reasonable doubt.66 as mayor’s permit fee and annual business taxes. 8/21/ 1997 secure an ECC for its proposed project. the conflict with the Constitution must be industries. to effectively symbolic function to educate the bench and bar. complaint. it performs dual functions. the traditional power of the national government to enact police power measures. prompting the latter to pay. authorizing local law enforcers to to check or conduct necessary governmental and proprietary. The general welfare clause has two branches. The right to a balanced and healthful ecology carries with it a G. The appropriate proposed projects which have significant effect on the quality of remedies to enforce payment of delinquent taxes or fees are the environment. not excluded from the coverage of PD 1586. A local government unit. INC. HON. PEREÑA. local government units are permit. like the City of Davao. lists areas and types of Constitution. But Court. In 1993. Application denied for the reason that Davao City must undergo the environmental impact assessment (EIA) process to secure an Environmental Compliance Certificate (ECC). Subsequently. Petition for certiorari filed by Republic from RTC decision. applied for a certificate of non-coverage (CNC) for its proposed Davao City Artica Sports Dome project from the required Environmental Compliance Certificate (having been certified that its project is not located in an environmentally critical area (ECA). 7/2/2004 correlative duty to refrain from impairing the environment . No. for every proposed project and undertaking which significantly affect the quality of the environment. No. 15 Undoubtedly therefore. conformity with law). prosperity. issue. 1981. and the vague principle of local autonomy now enshrined in the Constitution on the other. for the guidance of the implementors of the EIS law and pursuant to our FACTS: City Council of Puerto Princesa. the ordinance of the municipality imposing the annual that the laws do not require local government units (LGUs) to business tax is part of the power of taxation vested upon local comply with the EIS law. the local government units 14 are juridical absolute authority to determine whether or not to issue the persons. As such. even if quarrying projects. Davao City which filed manifestation expressing that it needs to 110249. eg. 1998. iron and steel mills. maintained or operated. which unquestionably involve the exercise of police power. Respondent ordered the mentions this right. partnership sought relief with the SC contending that (a) the challenged or corporation shall undertake or operate any such declared ordinances deprived them of due process of law. Case moot and academic when subsequent change in administration of Case: TANO vs. and (b) the challenged his duly authorized representative. 15. Pursuant to this.408. the Provincial Board of body politic endowed with governmental functions. authorizes the municipality to enact ordinances as may be necessary and proper for the health and safety. i. In short. Hence. SALVADOR P. vesting the mayor subdivisions. which decision was sustained by the CA holding that the validity of the questioned Ordinances cannot be doubted. and by legal action). comfort.) well-founded.. which was then the FACTS: How many cockpits may be allowed to operate in a city or municipality? Comes into play. Davao City in 2000. their livelihood. RE (imposition of fees) .duty of the LGUs to promote the people's right to a by the local office of the Bureau of Fisheries and Aquatic balanced ecology. known as the police power proper. In fact. RTC ruled in latter’s favor reasoning Moreover. In exercise of governmental inspections on cargoes containing live fish and lobster being powers and performing governmental duties. there must be a clear and unequivocal breach of the No. expressly Petitioner. requiring permits for any business establishment. Only agencies and instrumentalities of governments. smelting plants.
Cockfighting is a valid and the operation of hotels. Hence. the maintenance and operation of cockpits.00 to P180.O.P. for instance. This is primarily because for clearly more cockpits equals more cockfights. No. to direct by rule or restriction. Respondent (Socorro Perena). The delegate cannot be superior to the principal or exercise powers higher than those of the latter. issued P. authority. The flaws in Resolution No. 210 is an enactment of an LGU acting only as agent of the national legislature. varied acts. G. vesting as it does on LGUs the power and authority to issue franchises and regulate the operation and establishment of But. 1512. any law to the contrary interpreted as to strip LGUs of their general power to prescribe notwithstanding. and prescribe regulations to protect the lives. As earlier discussed. No. E. enactments providing. LGUs under the general welfare clause. the occupation of rig drivers. To test its validity. The apparent defect in Resolution No. The trial court granted the injunction reasoning that the sole agency of the government which can regulate CATV operation is the NTC. 205 and E. 210 is that it contravenes E. this does not preclude the city council from regulating the operation of such a system in their locality under the powers conferred by the LGC (of 1983). Hence. (4) examination and assessment of the legal. No. No. Trial court’s ruling was reversed by the CA holding that. In the late 1940s. 436. they have the force and effect of statutes or laws passed by Congress. while the ordiance may be in conflict with PD449. CA. productivity and self-reliance. and property of legislation has even been emphatic that cockfights could not be their constituents and maintain peace and order within their held on holidays celebrating national honor such as Independence respective territorial jurisdictions. and the parceling of large regions — allow an LGU a Daanbantayan. That the regulatory power stays with the NTC is also clear from President Ramos' E. the fixing of subscriber rates is definitely one of the matters within the NTC's exclusive domain. (under EO205) has the authority to issue a certificate of authority to operate a CATV system. the CATV system commits the indiscretion of crossing public properties.O. such as "to fix. Respondent city council enacted a resolution granting Petitioner a permit to construct. Laws have been the police power of the State to LGUs. Within these areas. we have upheld Day and Rizal Day. any doubt in interpretation should be resolved in favor of the grant of more power to LGUs under the LGC’s principle of devolution. otherwise it is void. municipality rule is in line with that aim. No.A. 210 are: (1) it violates the mandate of existing laws and (2) it violates the State's deregulation policy over the CATV industry. Petitioner filed a petition before the RTC to enjoin from enforcing the questioned ordinance. LGUs may enacted restricting the days when cockfights could be held. an appliance dealer in Pennsylvania. 210. Government Code.O. or control. No. 436 Section 534(f) of the LGC declares that all general and special decrees that the "regulatory power" shall be vested "solely" in the laws or decrees inconsistent with the Code are hereby repealed or NTC. That regulation is a condition of universal character irrespective of it continues to posses such power is clear under the new law. in the exercise of their legislative power. traditionally regulated activity. 1986. When Petitioner increased its subscriber rates from P88.) The physical realities of constructing CATV system any statute. 436 insofar as it permits respondent Sangguniang Panlungsod to usurp a power exclusively vested in the NTC. Court of Appeals reversed the trial court’s decision. the: clause because it fails to identify or designate the acts that are (1) determination of rates. (6) regulation of ownership and operation. i. 138810. Cockfighting is one such condition. the founding of contravenes the Cockfighting Law in allowing three cockpits in structures. For Petitioner. while the Local Government Code regulations under the general welfare clause of the Local expressly repealed several laws. while we recognize the LGUs' power under the general welfare clause. Troubled. discretion is limited in that it cannot authorize more than one (7) adjudication of issues arising from its functions. (2) issuance of "certificates of intended to be repealed. RULING: Petition GRANTED.exhumation and transfer of corpses from public burial grounds. or to Cockfighting Law arises from a valid exercise of police power by subject to governing principles or laws. (5) granting of permits for the establishment. Petitioner claiming that. 337.. and operate a CATV system in Batangas City with authority to charge subscribers the maximum rates specified therein with condition that rate increases would be subject to council approval. INC. In light of the above laws and E. lest we be misunderstood. Resolution No. NTC But. such as. Of course. 546 and E. Accordingly. (It uses public properties in order to reach A municipal ordinance must not contravene the Constitution or subscribers. to adjust by rule. Respondent Mayor wrote/threatened Petitioner with the cancellation of its permit unless it secures the approval of respondent City Council. certain degree of regulation over CATV operators. has been empowered to enact government to implement police power measures that affect the ordinances and approve resolutions under the general welfare subjects of municipal government. from which they have derived their power in 7 . R. it pertains to the "regulatory power" over those matters modified accordingly. In 1995. the installation and operation of The obvious thrust of our laws designating when cockfights could pinball machines. motels. Through this. The trial court dismissed the complaint and upheld Petitioner’s franchise reasoning that. Local councils exercise only delegated legislative powers conferred on them by Congress as the national lawmaking body. No. We are convinced that respondents strayed from the well recognized limits of its power. the Local Government Code of 1983. he built an antenna on top of a nearby mountain. This is the same regulation that it exercises over all private enterprises Case: BATANGAS CATV. the National Telecommunications Commission has sole authority to regulate the CATV operation in the Philippines. Walson's innovative idea improved his sales and at the same time gave birth to a new telecommunication system — the Community Antenna Television (CATV) or Cable Television. but such clause is not an express repealing which are peculiarly within the NTC's competence. Municipal governments are only agents of the national government. Necessarily. No. rights of ways. unless such cities or similar matters. and that the LGUs cannot exercise regulatory power over it without appropriate legislation. suffered a decline in the sale of television (tv) sets because of poor reception of signals in his community. It is a heresy to suggest that the local government units can undo the acts of Congress. We do not doubt. No. especially if the subject of clause of B. like Code.R. President Marcos and President Aquino.00 per month in 1993. the NTC reigns supreme as it municipalities have a population of over one hundred thousand. and (8) other cockpit per city or municipality. 205. Petitioner’s appeal to the SC. its the use of frequencies. Blg. 7160. Significantly. Ordinance No. under EO205. technical and financial While the sanggunian retains the power to authorize and license qualifications of applicant operators. method or established mode. who was an existing licensee.O. Petitioner (Leonardo Tan) applied for a license to operate a cockpit. vs. 436 mandating that the regulation and supervision of the CATV industry shall remain vested "solely" in the NTC. John Walson. nothing herein should be cockpits in their respective municipalities.e. "The rationale of the requirement that the ordinances should not contravene a statute is obvious. PD449 was not among them." the national government. It must be emphasized that when E. Limitation on the number of cockpits in a given municipality is a reasonably necessary means Like any other enterprise. and maintenance of cockpits. establish. Section 447(a)(3)(v) of exercises regulatory power over CATV operators to the exclusion the LGC sufficiently repeals Section 5(b) of the Cockfighting Law. local governments are similarly empowered under Section 16 of the Local Government There is no dispute that respondent Sangguniang Panlungsod. however. The query in this case is – may a LGU regulate the subscriber rates charged by CATV operators within its territorial jurisdiction? On July 28. operation.D. of other bodies. the NTC RULING: Petition DENIED. (3) establishment of areas of operation. CATV operation maybe regulated by for the accomplishment of the purpose of controlling cockfighting. the regulation of gambling.O. the power to fix the subscriber rates charged by CATV operators.O. due to the attendant gambling involved or maybe even the fact that it essentially consists of two The general welfare clause is the delegation in statutory form of birds killing each other for public amusement. Using coaxial cable lines. the be held is to limit cockfighting and imposing the one-cockpit-per. install.O. we must apply the particular requisites of a valid ordinance as laid down by the accepted principles governing municipal corporations. possesses the exclusive power to regulate — a power comprising in which case two cockpits may be established. However. 9/29/2004 within its territory. and lodging houses as valid matter of police power regulation.eventually allowed the operation of not more than three cockpits in the municipality. he distributed the tv signals from the antenna to the homes of his customers. we cannot sustain Resolution No. 7 unmistakably — the use of public streets. territorial jurisdictions. its act must reflect and conform to the will of its principal. health. as it is a form of gambling exercises by local legislatures of the police power under the essentially antagonistic to the aims of enhancing national general welfare clause. It is a No. filed a complaint with the RTC to enjoin Petitioner from operating his cockpit citing that the challenged ordinance allowing the operation of not more than three cockpits violated PD449. the ability of the national other local legislative bodies.
its operation alienate or otherwise dispose of real or personal might be burdened. PAGCOR should be 5. Art. BALACUIT vs. NOTE: Section 305.013. OTHER CASES: VELASCO vs. that Respondent is engaged in a profit venture as the collection of national economic policy or in restraint of trade. The latter role is governmental. Trust funds in local treasury shall not be paid out except in fulfillment of purpose for which trust was created or funds received. and other special assessments. Having an equitable share in proceeds and from (Sec. and 8 . Petitioners (as lawyers and taxpayers) duties and functions currently vested upon them. PD 1869) it also exercises regulatory powers. as the franchise holder from paying any "tax of any kind or form. a duly organized condomium corporation holding title to the common and limited common areas of the BANOTE: Sections 128-383. Petitioner (City equitable and based as far as practicable on Treasurer of Makati City) issued a notice of assessment holding taxpayer’s ability to pay. which recognizes the power of these units "to solely for public purposes. fees and charges totaling purpose. the latter reversed the trial court’s decision progressive system of taxation and declared that the corporation was not liable to pay business taxes to the City of Makati. not contrary to law. charges and imposition shall be of Makati or the Local Government Code. the challenged is directed against Section 13 par. members for operating expenses. Since PD 1869 remains an "operative" law until development plans. Creating their own sources of revenue and to the exercise of the power of local governments to impose taxes levy taxes. Her motion for reconsideration denied. programs and objective and "amended. Constitution). provided by law. alleged that said law functions and responsibilities of national agencies devlolved to waived Manila City’s right to impose taxes and license fees. 1869 which exempts PAGCOR. capital expenditures on the common areas. to operate and to regulate gambling and resources within their respective casinos. as fees. It cannot therefore be violative but rather is consistent exclusively to their own use and disposition and with the principle of local autonomy. lease. duly designated as the implementing agency for such project/facilities/programs and services. Article X of the 1987 Constitution (on Local Autonomy) provides that “each local government unit shall have the power to create its own source of Section 18 – Power to Generate & Apply Resources – restates and revenue and to levy taxes. create its own sources of revenue and to levy taxes. mere creatures of the State can and apply their resources and assets for defeat National policies thru extermination of what local productive. Having a just share in national taxes which shall PAGCOR is a government owned or controlled corporation with an be automatically and directly released to them original charter. its "exemption clause" remains as an exception to 2. - - Local revenue is generated only from sources expressly authorized by law or ordinance. levied only for a public Petitioner liable to pay business taxes. Establishing an organization responsible for and fees" is always subject to "limitations" which Congress may efficient and effective implementation of their provide by law. not covered by Section 17 except where LGU is Government. Being an instrumentality of the Government. On review by Each LGU shall. as far as practicable. appropriate or to impose local taxes and license fees in contravention of the incidental to efficient and effective provision of basic services and constitutionally enshrined principle of local autonomy. better marketable prices for future sale of their units. oppressive or P1.the first place. Title II. dues from unit owners was primarily "to sustain and maintain the Collection of taxes. and negate by mere ordinance the mandate of the statute. fees. charges and other expenses of the common areas. inhabitants by way of direct benefits. exercise such other powers and by law is recognized and thus. unless otherwise. Revenue collection shall inure solely to the benefit of. giving full appreciative living impositions shall in no case be let to any private values for the individual condominium occupants. encumber and and actually is exempt from local taxes.. the National Government. such guidelines and limitation as the congress may provide. 2. consistent with the basic policy on local autonomy. CFI OF AGUSAN DEL NORTE 163 SCRA 182 Ordinance penalizing persons charging full payment for admission of children ages (ages 7 to 12) in moviehouse was an invalid exercise of the police power for being unreasonable and oppressive on business of petitioners. facilities enumerate in Sec.R. developmental or welfare purposes. G. excessive. PARAS 123 SCRA 759 – Ordinance of Bocaue. Case: HUMBERTO BASCO vs. not unjust. 17. 1987 priorities. repealed or revoked" (Sec. as it was passed for protection of public morals. In addition to its corporate powers 4. The power of local government units to pursuance of an appropriation ordinance or law. FACST: Respondent. Local budget shall operationalize approved development plans. (see list of basic services and Specifically.R. PAGCOR. 91649. LGC (Fundamental Principles Governing Amended By-Laws. generating person. income or otherwise. pursuant to its NOTE: Section 130. 5/14/1991 Bulacan prohibiting operation of nightclubs was declared invalid because it was prohibitory and not merely regulatory in character. authorities may perceive to be undesirable activates or enterprise in exercise or furtherance of their governmental using the power to tax as "a tool for regulation" or proprietary powers and functions and ensure thereby their development as self-feliant Case: LUZ YAMANE vs. and other charges subject to implements Section 5. Under PD 1869. VILLEGAS 120 SCRA 568 – Manilia ordinance prohibiting barbershops from conducting massage business in another room was held valid. but the power is subject to limitations imposed by Congress. XVIII. which them pursuant to the LGC. power to tax instrumentalities of the National Government. -includes: fees and charges shall accrue exclusively to the local government. fees and charges which shall accrue and fees. communities and active participants in No." The power of local government to "impose taxes 1. To acquire. also discharge challenging the constitutionality of PD1869. Such taxes. Local governments have no which shall be retained by them. impeded or subjected to control by a mere property held by them in their private capacity Local government. fees. public policy. All monies officially received by a local government officer in any capacity or on any occasion shall be accounted for as local funds. 10/25/2005 attainment of national goals. charges or levies of whatever nature. fees. Exercise of Power to Tax and Generate Revenues by LGUs): Taxation shall be uniform in each LGU. Otherwise. whether National or programs and services funded by national government under GAA Local". Book II of LGC provides for detailed Lepanto Condominium. 3. collection thereof shall at all times be acknowledged properly. No. 3. (2) facilities) of P. was an intrusion into LGU’s right discharge other functions as are necessary. as well Note: Public works and infrastructure projects and other facilities. Respondent filed an appeal with the specifically provided herein. DE LA CRUZ vs. LGC (Fundamental Principles Governing Petitioner filed a petition for review with the Supreme Court. which places it in the jurisdictions including sharing the same with category of an agency or instrumentality of the Government. fees.77 for the years 1995 to 1997. impose taxes within its territorial jurisdiction derives from the Local government funds and monies shall be spent Constitution itself. and Regional Trial Court which appeal was dismissed. PD 1869. G. except for the 5% franchise tax due to the National and other laws. Financial Affairs. develop. and be subject to the disposition by LGU unless Upon denial of its protest. collected regular assessments from its provisions on Local Taxation and Fiscal Matters. Otherwise. Petitioner reasoned confiscatory. thus utilization and development of national wealth PAGCOR has a dual role. evolve a the Court of Appeals.601. All of its shares of stocks are owned by without need of further action. 3. 6 and 7 of Article 10 of the Constitution. RULING: Petition DISMISSED. LGC – Basic Services and Facilities – LGU endeavor to centralized all games of chance authorized by existing franchise be self-reliant and continue exercise powers and discharge their or permitted by law.D. 154993. Section 5. Without citing as basis any specific provision of the Revenue Code Taxes. Transactions and Operations of LGU): No money to be paid out of local treasury except in RULING: Petition DENIED. BA LEPANTO CONDOMINIUM CORP. the Philippine Amusement and Gaming Corporation (PAGCOR) was empowered to regulate and Section 17.
However. industry. otherwise known as the Revised Charter of the Manila International Airport Authority. in the land on which it is located and in other common areas of the building).725. in the deed of restrictions." are owned by the State. The charging of fees to the public does of exemption and that in the case of MIAA. "to make reasonable assessments to meet authorized expenditures.506. if any profit is obtained by the sale of the units. (Condominium Act . directly or indirectly.42) from the City of Parañaque for the taxable 420 of the Civil Code. MIAA petitioned the CA for prohibition and injunction. When the law vests in a government instrumentality corporate powers. And to hold that they do is to ignore the very statutory nature of a condominium corporation. The creation of the condominium corporation is sanctioned by RA No. Neither is it a non-stock corporation because it has no members. The term "ports" includes seaports and airports. Section 11 of its Charter requires it to remit 20% of its annual gross operating income to the National Treasury. As stated earlier. Later. MIAA administers the land. Even if the Government is considered as the sole member of MIAA. each condominium unit to be assessed separately for its share of such expenses in proportion (unless otherwise provided) to its owner's fractional interest in any common areas. 903." A government instrumentality like MIAA falls under Section 133(o) of the Local Government Code. Article A. The MIAA Charter transferred to MIAA approximately 600 hectares of land. The Court cites with approval the two counterpoints raised by the Court of Appeals in rejecting this contention. non-stock corporations are organized for charitable. The Airport Lands and Buildings of MIAA are EXEMPT from the real estate tax imposed by the City of Parañaque. Further. the Office of the Government Corporate Counsel (OGCC) is resolved against taxation. if the unit owner does obtain profit from the sale of his unit. consistent with the basic policy of local autonomy. Thus. Section 143 of the Code specifically enumerates several types of business on which municipalities and cities may impose taxes. The initial inquiry is what provision of the Makati Revenue Code does the City Treasurer rely on to make the Corporation liable for business taxes. preventing MIAA from qualifying as a non-stock corporation. First. In line with the authority of the condominium corporation to manage the condominium project. local tax on businesses (that is. Moreover. 3 including the runways and buildings then under the Bureau of Air Transportation. is organized to operate an international and domestic airport for public use." These guidelines and limitations as provided by Congress are in main contained in the Local Government Code of 1991.a condominium is an interest in real property consisting of a separate interest in a unit in a residential. like "roads. which petition however was dismissed for having been filed beyond the 60-day reglementary period. G. scientific. MIAA is a government instrumentality vested with corporate powers to perform efficiently its governmental functions. unless otherwise provided by the Code. 061. cultural." The collection of these assessments from unit owners is the basis for the City Treasurer's claim that the Corporation is doing business as these collections are "with the end view of getting full appreciative living values" for the condominium units. its activities must fall within the definition of business as provided in the Local Government Code. canals. MIAA exercises the governmental powers of eminent domain. MIAA is like any other government instrumentality. 92-072. cities. the local sanggunian is also authorized to impose taxes on any other businesses not otherwise specified under Section 143 which the sanggunian concerned may deem proper to tax. Subsequently. Charter is the proof that MIAA is exempt from real estate tax. recreational. industrial or commercial building and an undivided interest in common. Chapter III of said code governs business taxes in Makati. or similar purposes. improvements and equipment within the NAIA Complex. this petition for review. Executive Order Nos." When local governments invoke the power to tax on national government instrumentalities. Section 21 of the MIAA not determine the character of the property whether it is of public 9 . Properties of public dominion mentioned in Article P624. Section 133(o) recognizes the basic principle that local governments cannot tax the national government. torrents. MIAA negotiated with Respondent City of Parañaque to pay the real estate tax imposed The Airport Lands and Buildings of MIAA are property of public by the City and paid some of said taxes already due. A nonstock corporation must have members. and as a result. it accrues not to the corporation but to the unit owner. insofar as these powers are not inconsistent with the provisions of this Executive Order. This rule applies with greater force issued Opinion No. fees or charges of any kind on the National Government. and barangays shall not extend to the levy of taxes.charges subject to such guidelines and limitations as the Congress may provide. are declared VOID. RULING: Petition GRANTED. The fact that the MIAA No. A government-owned or controlled corporation must be "organized as a stock or non-stock corporation. civil service. agriculture and like chambers. Case: MIAA vs. and auctioning for public sale the Airport Lands and Buildings. professional. The significant limitations are enumerated primarily in Section 133 of the Code (prohibition on income taxes except when levied on banks and other financial institutions).R. he is already required to pay capital gains tax on the appreciated value of the condominium unit. municipalities. The coverage of business taxation particular to the City of Makati is provided by the Makati Revenue Code enacted through Municipal Ordinance No. which states that. local governments may only exercise such power "subject to such guidelines and limitations as the Congress may provide. MIAA dominion and therefore owned by the State or the Republic of the received Final Notices of Real Estate Tax Delinquency (totaling Philippines. 7/20/2006 FACTS: Petitioner Manila International Airport Authority operates the Ninoy Aquino International Airport (NAIA) Complex in Parañaque City under Executive Order No. Found in Title I of Book II of the Code are other taxes imposable by local government units. religious. The rule is that a tax is never presumed and there must be clear language in the law imposing the tax. and bridges constructed by the State. police authority and the levying of fees and charges. Second. MIAA is not a governmentowned or controlled corporation. a government-owned or controlled corporation is not exempt from real estate tax. which provides for comprehensive instances when and how local government units may impose taxes. At the same time. which historically merely delegated to local governments the power to tax. educational. Under Section 151 of the Code. "trade or commercial activity regularly engaged in as a means of livelihood or with a view to profit") is authorized under Section 143 of the Local Government Code. The OGCC then issued Opinion No. 155650." MIAA is not organized as a stock or non-stock corporation. it may be authorized. Any doubt whether a person. such power is construed strictly against local governments. where as operator of the international airport. literary. fraternal. profit is obtained once these units are sold at higher prices. unless the government instrumentality is organized as a stock or non-stock corporation. MIAA is not organized for any of these purposes. cities such as Makati are authorized to levy the same taxes fees and charges as provinces and municipalities. a public utility. No. its agencies and instrumentalities and local government units. 061 stating that Section 206 of the Local Government remove the character of the Airport Lands and Buildings as Code requires persons exempt from real estate tax to show proof properties for public use. like trade. 061 stating that the Local Government Code of when local governments seek to tax national government 1991 withdrew the exemption from real estate tax granted to instrumentalities. with prayer for preliminary injunction or temporary restraining order seeking to restrain the City of Parañaque from imposing real estate tax on. ports years 1992 to 2001. including the final notices of real estate tax delinquencies. MIAA exercises "all the powers of a corporation under the Corporation Law. social. As a rule. 909 and 298 amended the MIAA Charter. the exercise of the taxing powers of provinces. MIAA sought clarification of OGCC Opinion domestic travel and transportation. 147 clarifying OGCC collects terminal fees and other charges from the public does not Opinion No. Hence. All the real estate tax assessments. The MIAA Airport When Parañaque City issued notices of levy and warrants of levy Lands and Buildings constitute a "port" constructed by the State. on the Airport Lands and Buildings and threatened to sell at The Airport Lands and Buildings are devoted to public use public auction these properties if MIAA failed to pay the real because they are used by the public for international and estate tax delinquency. rivers. While the 1987 Constitution now includes taxation as one of the powers of local governments. including business taxes. MIAA is not a stock corporation because it has no capital stock divided into shares. the instrumentality does not become a corporation. MIAA under Section 21 of the MIAA Charter. has no stockholders or voting shares and its capital is not divided into shares of stock. MIAA. this will not make MIAA a non-stock corporation because non-stock corporations cannot distribute any part of their income to their members and in MIAA’s case. 4726. and it is quite specific as to the particular businesses which are covered by business taxes. article or activity is taxable After. the only difference is that MIAA is vested with corporate powers. levying against. issued by the City of Parañaque on the Airport Lands and Buildings of the Manila International Airport Authority. except for the portions that the Manila International Airport Authority has leased to private parties. thus. CA. It is thus imperative that in order that Respondent may be subjected to business taxes.
the law itself. encumbrance or The controversy actually centers on the seemingly sweeping disposition through public or private sale. In other words.99 per square RULING: On October 10. change in legislative language from “resolution” under BP337 to “ordinance” under RA7160 demands strict interpretation. The Local Government Code of 1991 was specially businesses enjoying a franchise. But whether the expropriation shall be determined by proper court (reference to franchise tax exemption would include exemption from exactions Commissioner) based on fair market value at the time of taking. not the local funds of LGUs. Properties of public dominion. No. No 7294 does not Conditions for Exercise of Power of Eminent Domain: (i) Prior valid expressly provide what kind of taxes Smart is exempted from. (Local meter) was too low. through its chief executive and acting pursuant to an 10 . LEYNES vs. then the of a fundamental or private right of the people. 67 which states that "no one shall be on execution or auction sale of any property of public dominion is allowed to collect RATA from more than one source. public elementary and high school teachers. and other national government officials As properties of public dominion. 12/11/2003 Case: AMOS FRANCIA. Petitioners certain budget circulars (NCC#67) that no one shall be allowed to averred that the subject land was developed contrary to collect RATA from more than one source. 292 SCRA 678 claims the exemption.dominion or not. judges and leaving to their discretion the amount of allowances they may want to grant. the doubt must be resolved in favor of the City of Petitioner relies on Art. prior allowances and other benefits to judges and other national determination of the existence of a public purpose was not officials stationed in their respective territories was expressly necessary for the issuance of a writ of possession. in preceding calendar year based on the income or receipts realized the present case. in expropriation cases.R. outside the commerce of man. This is clearly misplaced. 67 be construed as nullifying the the City of Parañaque can foreclose and compel the auction sale power of LGUs to grant allowances to judges under the Local of the 600-hectare runway of the MIAA for non-payment of real Government Code of 1991. on whether Smart is exempted from both local and national franchise tax must be construed strictly against Smart which Case: MUN.Eminent Domain – inherent attribute of sovereignty to take The uncertainty in the “in lieu of all taxes” clause in R. No. apply to local taxes. Respondent’s claim of being raw land. we ensure the genuine and meaningful local autonomy of to bear under its franchise are the national franchise tax (now LGUs. Smart has the burden of proving that. OF PARANAQUE vs. Tax exemptions are never presumed and are strictly construed explicitly requires an ordinance for this purpose.A. other than income tax. . RULING: LGC in effect when complaint for expropriation was filed. Art. 1. revenue taxes. Congress intended it to FACTS: A resolution passed by Municipal Council authorized Chief be exempt from all kinds of franchise taxes – whether local or Executive to exercise police power. under the franchise and the said percentage shall be in lieu of all taxes on the franchise or earnings thereof. The "in lieu of all taxes" clause does not implementation. imposed under the National and cannot be amended by mere administrative rule issued for its Internal Revenue Code. If the intention of the legislature is open to doubt. COA. the law is applied according to the reasonable construction consistent with the reservation of the express terms. there is hereby imposed a tax on Constitution. G. the Local RULING: Petitioner DENIED. It is and definite offer to owner which latter did not accept. being for public use. 9/16/2008 To rule against the power of LGUs to grant allowances to judges FACTS: The Tax Code of Davao City ISec. The clear intent is for the "in lieu of all taxes" clause to apply only to taxes under the National Internal Revenue Note: Resolution is a mere declaration of sentiment/opinion of Code and not to local taxes. R. V. The “in lieu of all taxes” clause applies only to national which requires only a “resolution” to authorize the LGU to internal revenue taxes and not to local taxes. national. provided in Sections 447(a)(1)(xi)." Does this void for being contrary to public policy. the "in lieu of all taxes" clause does not apply to third reading not necessary unless decided otherwise by majority income tax. Congress enacted RA 7160. Section 19 of the LGC. by both the local and the national government is not unequivocal. the power of LGUs to grant allowances to within the territorial jurisdiction of Davao City. What is clear is that Smart shall pay franchise tax payment of deposit of at least 15% of fair market value of equivalent to three percent (3%) of all gross receipts of the property based on current tax declaration. LGC provides that. INC. m. or purpose or welfare for the benefit of poor and landless. VAT). Even with respect to national internal lawmaking body on a specific matter. amount to be paid for business transacted under its franchise. at a rate of seventy-five percent promulgated by Congress to ensure the autonomy of local (75%) of one percent (1%) of the gross annual receipts for the governments as mandated by the Constitution.R. prosecutors. Where the law must be clearly shown by a language that will admit of no is clear and ambiguous. upon 7294 imposes on Smart a franchise tax equivalent to three payment of just compensation. provide for additional allowances public dominion as one "intended for public use. 10 thereof) as what respondent COA would like us to do will subvert the provided that: “Notwithstanding any exemption granted by any principle of local autonomy zealously guaranteed by the law or other special law. If Congress against the taxpayer and liberally in favor of the taxing authority. Section 19. Section 447(a)(1)(xi) of RA 7160. However. grant of RATA to national officials under the national budget uniform. 143596. it would have simply adopted the language of the categorical. levy provision in NCC No.256 sq. the airport properties are stationed in or assigned to the municipality. 3/24/2008 allowance from the Municipality of Naujan while he was stationed there as judge of the municipal trial court.A. when claimed. a LGU Government Code of 1991. Essential public services mean that judges cannot receive allowances from LGUs in will stop if properties of public dominion are subject to addition to the RATA from the Supreme Court? By no stretch of encumbrances. (II) LGU not clear whether the “in lieu of all taxes” provision in the may take immediate possession of property upon filing of franchise of Smart would include exemption from local or national expropriation proceedings (Rule 67 of Rules of Court) and taxation. FACT: Petitioner was formerly receiving a P1600-monthly 170432. it applies only to the national funds Case: SMART COMMUNICATIONS. OF MEYCAUAYAN. Any encumbrance. G. vs. idle property which it planned to use as a common Provincial Auditor) disallowed said allowance citing that the latter public terminal for all types of public utility vehicles with a along with Petitioner’s RATA from the Supreme Court violated weighing scale for heavy trucks. intended to allow LGU to exercise eminent domain through MERE  They can only be given force when the grant is clear and resolution. for public use exemption to Smart from local taxation. No. 36 of Rule VI of the Implementing Rules Davao. No. depending on the availability of local RULING: Smart is of the view that the only taxes it may be made funds. Sec. 155491. manifest intention of the legislature must be resolved in favor of the State.A." and other benefits to judges. pursuant to provisions of the percent (3%) of all gross receipts of the business transacted Constitution and pertinent laws. readings. MUN. G. 1991. This will happen if the imagination can NCC No. 19. Smart failed in this regard. By upholding. for which reason. of all sangguniang members. Respondent’s offer price of 333. 7294 is not definite in granting its Chief Executive acting pursuant to an ordinance. Eminent Domain necessarily involves a derogation power. aside from the imposed 3% franchise tax. provides: “When the finances of the may. Petitioners essentially aver that the CA erred Government Code of 1991).M. No. income tax. previous local government code (BP 337 of 1983). It was issued primarily to make the estate tax. surely prevails over said rule which merely [T]he "in lieu of all taxes" clause in Smart's franchise refers only seeks to implement it. 458(a)(1)(xi) and 468(a)(1)(xi) of the Code. exercise eminent domain. 7294 private property upon payment of just compensation. The clear letter of the law is controlling to taxes.R. is law and is of general and permanent character and requires 3 Case: JUDGE TOMAS C.A. The surrender of the power to tax. are not subject to levy. foreclosures and auction sale.500 (or P111. REALTY CORP. it is temporary in nature. CITY OF DAVAO. No. In this case. Article 420 of the Civil Code defines property of municipal government allow. and real property tax. The power of the LGUs to grant in upholding the RTC's order that. In their answer. Respondent FACTS: Respondent filed a complaint to expropriate Petitioners’ Commission on Audit (upholding the Regional Director and 16.LGC – LGU’s Power of Eminent Domain – LGU through We pay heed that R. Section 9 of R. It claims exemption from the local franchise tax because the “in lieu of taxes” clause in its franchise does not distinguish between national and local taxes. administered by the DBM. Ordinance on the otherhand. vs. hence.
applied for roads only. absent a plain case of abuse or fraud or collusion. and not merely in degree. and absent a Grounds for Reclassification: (i) When land ceases to be clear abuse of discretion.application for registration of title.P. outlet as the regularly constituted public authority may deem most compatible with the public welfare. appeal to the Supreme Court. cases may be such as to give a right to damages to a property owner.. it must (1) file a complaint for expropriation sufficient in form and substance in the proper court and (2) deposit with the said court at least 15% of the property's fair market value based on its current tax declaration. 2264).LGU has the power to close local and even national roads (Note: 40474. but he must content himself with such route for closure. (iii) notice to affected parties. By subsequent Under the Cebu City Charter. The city council is the authority competent to determine if a certain property is still necessary for public use. (ii) land ceased to be economically feasible and sound for those sustained by the public generally. and cannot be subject to registration by any recognized or approved by local LGU concerned. may authorize the reclassification of agricultural lands and provide for the manner of their utilization or disposition. 2[a])." provision for its transfer/relocation to a new site. registration of title over a portion of M." jurisdiction. No special damage or damages he will incur by reason of the Section 21. leased the closed close a city road or a street and further. The law will not permit him to be cut off from the public necessary. park or square shall be temporarily closed for for a public use. THE CITY OF BAGUIO. RULING: APPEAL Denied. This power is discretionary and will not ordinarily be controlled or interfered with by the courts. Section 20. The latter court dismissed his complaint." There is no doubt that the strip recommendation). ordinance must be approved owner the public maintenance of the most convenient route to his by. 8/29/1975 LGU has no authority to order permanent closure/opening of a national road. the trial court dismissed Petitioner’s application. fiesta celebrations. defined: Those public lands acquired from Spain which are not timber or mineral land. the court has found (through council by way of ordinance). Development Plan. an adequate substitute for the public facility subject of thoroughfares." Authority is not wanting for 10%. and is beyond the reach of. alley. Subsequently. (iii) no national or (alleging that the subject property being a public road intended local road. The law does not make the determination of a public purpose a condition precedent to the issuance of a writ of possession. land devoted to Given the precept that the discretion of a municipal corporation is agriculture or to any growth. INC. On motion by the Assistant Provincial Fiscal for temporary closure by local chief executive. such authority applies to local FACTS: Petitioner Cebu Oxygen & Acytelene Co. used/conveyed for any purpose for which other real property subsequent to his appreciation. In fact. When he acquires city . G. of Agriculture. No. Said portion was declared an abandoned road by the Conditions for temporary closure of national/local roads under City Council of Cebu the same not being included in the Cebu Sec. commercial or industrial purposes as determined by the Sanggunian. and (ii) when land shall the remainder of the dead-end part thereof into an alley. we hold that the withdrawal for lease of economically feasible and sound for agricultural purposes as the disputed portion of Lapu-Lapu Street and the conversion of determined by the Dept.880 Public Assembly Act). Cebu City.ordinance. Order of dismissal set aside and trial court ordered to proceed with the hearing of the petitioner's FACTS: A resolution passed by the city council closed the dead. His streets/roads is within the power of the local government unit property does not abut that street. and (c) for 4th to 6th class municipalities – 5% the proposition that "[property for public use of provinces and towns are governed by the same principles as property of public Note: President (upon Nat’l Economic Dev’t Authority’s dominion of the same character. Section 20(a). broad in scope and should thus be accorded great deference in the spirit of the Local Autonomy Law (R. G. one whose property does not abut on the . see sec. authorize a withdrawn from public use and held in private ownership may be city or municipality to reclassify lands in excess of limits set in given in lease.Property publicly withdrawn from public use may be property. is sufficient for the needs of appellant and that ." agricultural purpose. does not have substantially greater economic value for residential. adjacent. (b) for component cities and 1st to 3rd class municipalities – the patrimonial property of the State. L. pursuant to the provisions of the Constitution and pertinent laws. (see related B. or welfare for the benefit of the poor and the landless. park or square falling within its public use. 65 of RA6657 – Conditions for conversion of section. or purpose. The fact that some private interests may be served incidentally will not invalidate the vacation ordinance. judicial interference. cultural or civic activity not officially sponsored. The general rule is. Before a LGU may enter into possession of the property sought to be expropriated. But to warrant recovery in any such case the property agricultural lands held by agrarian reform program beneficiaries owner must show that the situation is such that he has sustained to non-agricultural use with DAR: (a) 5 year lapse from award of special damages differing in kind.A. Agricultural Land. alley. Petitioner filed a complaint for annulment of the lease with damages in the Court of First Instance of Baguio. use or convey property 11 . LGC – Closure & Opening of Roads – The closure of closing of a portion of Lapu-Lapu Street at its dead end. by authority of the City Council. and later. L-29910. vs. the City Council is empowered to resolution. Petitioner Favis protested the lease to Shell claiming that said lease diminished the width of LapuLapu Street and that the City was bereft of authority to lease any portion of its public streets in favor of anyone. (ii) written order at a public bidding. portion to Shell Corporation. it necessarily follows that such leased Conditions for Reclassification: Percentage limits. From the fact that the leased strip of 100 square meters was withdrawn from public use. These are acts well within the ambit of the power to close a city street. Such case is damnum absque injuria. call for. private individual). No. LGC – LGU Power to Reclassify Land – City or Municipality through ordinance passed after conducting public hearings for that purpose. the Mayor as authorized therein. Banilad flyover). exercise the power of eminent domain for public use. that is. Case: COACO. Faithfulness to the public trust will be presumed.LGU (by ordinance) – may permanently/temporarily close or the leased portion — subject of this suit — "was not necessary for open any local road. Appellant may not challenge the city council's act of withdrawing a strip of Lapu-Lapu Street at its dead end from public use and converting the remainder thereof into an alley. The circumstances in some into other purposes shall be governed by Sec. from land. that the remaining portion of Lapu-Lapu Street. he may suffer loss because of the inconvenience imposed. In the case at bar. outside the athletic. BERCILLES. Hence. when public interest so requires. 20(e) – Agricultural lands distributed to agrarian closed section of a street has no right to compensation for the reform beneficiaries pursuant to RA6657(CARL). (iv) beneficiary has fully paid his obligation. the city authorities abandon a belonging to the LGU concerned may be lawfully used or portion of the street to which his property is not immediately conveyed.Under Sec. no private right of appellant has been invaded.R. park or square. 2[c]: (i) occasion of actual emergency. commerce of men.R. was public rallies. of the portion becomes patrimonial property. Inc. he does so in tacit recognition of these principles. shall not be closing or vacation of the street. shall form part of 15%. "when no (a) for highly urbanized cities and independent component cities – longer intended for public use or public service. agricultural or industrial fairs. Case: ANTONIO FAVIS vs. which actually is 4 meters in width. HON. PASCUAL A. but the public treasury cannot be required to Note: No freedom park shall be closed permanently without recompense him. upon payment of just compensation. Gorces Street in Mabolo. it is part of the public domain. alley. or undertaking of sold by the Acting Mayor to petitioner who was the highest bidder public works and highways (eg. is provided. 4/25/1969 RULING: PETITION is granted. 65 of CARL. at least 2/3 of all members of the sanggunian and when door. end portion of Lapu-lapu Street to public use. even though his property does not abut on the closed Note: Sec. Article 422 of the Civil total agricultural area at the time of passage of reclassification – Code indeed provides that property of public domain. if he still has reasonable access affected by the reclassification and the conversion of such lands to the general system of streets. "The Constitution does not undertake to guarantee to a property Note: In case of permanent closure. If.
In said suit. ordinances illegal. for enjoyment of convenience. special laws or charter). SC held. the Sangguniang Panlungsod of Makati City did not contract must comply with certain substantive requirements.R. From 1991-1992. Only property which can be the object of an ordinary contract provincial fiscal. Before the effectivity of the LGC in 1991. requires prior authorization by sangguniang concerned Council and that there was no budget appropriation. official/agent that funds have been appropriated for that purpose. 141616. It is the local entered into by the proper department. generally such authority is with the Local councils that possess legislative power and police power. CA 233 SCRA 484 – conveyed. management. metropolitan political subdivision" as contemplated in Section 11. Fiscal’s refusal to determine whether or not a certain property is still necessary for represent the municipality is not legal justification for employing public use. Ratification of defective contracts is possible only when there is non-compliance with (ii) and (iv) Section 22. for it MMDA is not a local government unit or a public corporation is settled that the police power cannot be surrendered or endowed with legislative power. It is not even a "special bargained away through the medium of a contract. agencies) which local chief executive may “upon authority of the 12 . agreement was signed by Lexber. eg. Case: CITY OF QUEZON vs. the power of a mayor to with CFI-Cebu. P94M for a 5-year period. LEXBER. the provincial fiscal is disqualified to present it which declared that the city council is the authority competent to disqualification must appear on record. and even assuming the should be promoted. Street (and to demolition its perimeter fence) – a private road owned by Respondent. Construction of new road was undertaken under the General Welfare Clause (police power). Case: VILLANUEVA vs. The municipality’s power of the city council to close city streets and to vacate or authority to employ a private lawyer is limited to situations where withdraw the same from public use was similarly assailed. eg. Also.. the Court upholding the municipality in lawsuits. monitoring. Faithfulness to the public trust will be presumed. every individual must be above is ULTRA VIRES. implementation. NOTE: A contract entered into without complying with (i) and (iii) that is. absent a plain case of abuse or fraud or collusion. its proposed opening by Petitioner is illegal. sale or donation.thus withdrawn from public servitude for any purpose for which other real property belonging to the City may be lawfully used or Case: MUNICIPALITY OF PILILIA vs. (iii) case at bar. regulation. Article X of the Constitution. Quezon City invoked PD1445 (Auditing Code of the Philippines) that contracts involving expenditure of NOTE: Full autonomy in exercise of corporate powers (not acting public funds can only be entered into when there is an as agent of the State). suit was filed by Lexber. owner is entitled to just compensation. actual appropriation and certificate of availability of funds. hence. Case: MMDA vs. acting through their respective legislative or agent (under LGC. borrow money and do suc other things demand letter claiming that it was still entitled to compensation necessary to obtain its purposes. and limited only by LGC and other appropriation thereof to be certified by proper accounting applicable laws. involving the purchase of road construction equipments for $520. board. NOTE: Legible copy of contract to be posted in conspicuous place in provincial capitol/city/municipality/barangay hall (for RULING: Petition DENIED. suit is commenced by the local executive impairment clause. Quezon City cited the LGC empowering the sanggunian with RE: RIGHT TO SUE/BE SUED – Case: CITY COUNCIL OF CEBU vs. The legality of the representation of an public service. granted corporation subject to limits provided in Quezon City would lease and use the private land owned by LGC and other laws. Quezon City used the site for dumping certain acts or engage in certain activities such as sue/be sued but suddenly stopped without any explanation.. Quezon City and the (e) To enter into contracts. bring the action to prevent unlawful disbursement of city grants and donations to LGUs from local and foreign assistance funds. authority to appropriate funds for expenses of the city CUIZON 47 SCRA 325 government. Municipality cannot be represented by a private lawyer. This is mandatory. In the Chief Executive upon prior authorization by sanggunian). 1683 of Revised Admin Code) consisting with Article 422 of the Civil Code (that property of provincial attorney or municipal attorney may validly represent public dominion. pursuant to the agreement but Mayor Mel Mathay of Quezon City refused citing that the contract was void having been signed by NOTE: Local Chief Executive enters into contracts in behalf of then Mayor Simon without the approval or ratification by City LGU. 3/15/01 – (b) To sue and be sued. eg. a complaint to nullify the contract between Mayor enter contract is not subject to prior authorization by the council. CASTANEDA 454 SCRA 142 – Public plaza is beyond the commerce of man and cannot be the subject of a RULING: Petition DENIED. Only provincial fiscal or municipal attorney can represent a province or In the case of Favis vs. PD1445 does not provide that the absence of appropriation law ipso facto makes a contract entered into by the FACTS: For lack of prior authority from the Council. City of Baguio. the latter filed LGU null and void. has requirements. Such contract prepared to give his share. (ii) contract is installation of a system and administration. officer government units. (c) To have and use a corporate seal. a tri-partite (d) To acquire and convey real or personal property. (iv) contract must comply with formal requirements of written NOTE: Closure of Roads is not expropriation where the property contracts.. we stress that it should not be achieved at existence of a valid lease of the public plaza or part thereof. Petitioners challenged the it follows that such withdrawn portion becomes patrimonial appearance of a private lawyer for the municipality. Municipality should request the and will not ordinarily be controlled or interfered with by the Secretary of Justice to appoint an acting provincial fiscal in place courts. ergo. defined: Corporation’s capacity/right to do Lexber. BAVA. cannot be ratified or validated. (unless the subsequent resolution is a police power measure because the exercise of the latter prevails over the nonRULING: Generally. No.912. It is thus beyond doubt that the municipal resolution effectively terminated the agreement.. FACTS. with the conformity of Antipolo. express/implied or inherent power to enter into the particular preparation. G. Case: RAMOS vs. Complaint was dismissed for lack of legal capacity as 844 – Contract of lease granting fishing privileges is a valid and trial court reasoned that there is no provision of law authorizing binding contract and cannot be impaired by a subsequent city council to sue in behalf of the city and that the authorized resolution setting it aside and granting the privilege to another representative under the LGC is the city mayor for that purpose. tangible or intangible in any FACTS: Petitioner issued an order to open to public traffic Neptune manner allowed by law. While we hold that the general welfare lease or other contractual undertaking. Inc. NULL AND VOID. proceedings. such other powers as are Municipality of Antipolo whereby. the contract requires Transparency). INC. Cuizon and Tropical Commercial Co. (a) To continuous succession in its corporate name. G. In the case at bar. the the expense of the rule of law. 3/27/2000 RE: POWER TO ACQUIRE/CONVEY REAL OR PERSONAL PROPERTY – LGU may acquire real/personal. RTC ruled in the latter’s favor and which decision was affirmed by the CA. there must be Street. Lexber sent a enter into contracts. the following powers. the services of private counsel. committee. of the one who declined to handle it. LGC – Grants and Donations – sets forth the rules on city. Collection UNLESS otherwise provided in the LGC. LGC – Corporate Powers – As a body corporate. coordination. shall form part of the patrimonial property of the unauthorized counsel may be raised at any stage of the State).R.00 cash from Case: MANANTAN vs. except where the city councilors themselves and as representatives of/in behalf of the Section 23. Lexber as a dumpsite situated in Antipolo in exchange for exclusive services and equipment for landfill to be provided Corporate Powers. CA 269 SCRA 34 –Petitioners Ramos and Baliuag Since that portion of the city street subject of petitioner's Market Vendors’ Association filed a petition to declare certain application for registration of title was withdrawn from public use. etc. MUNICIPLAITY OF LUNA (LA UNION) 82 Phil Tropical. This power to vacate a street or alley is discretionary. when no longer intended for public use or for the municipality. Under the LGC (1973). Statutes of fraud. under (Sec. upon authority of the sanggunian. The powers of the MMDA are limited RE: POWER TO ENTER INTO CONTRACTS – requires: (i) LGU has to formulation. pass any ordinance or resolution ordering the opening of Neptune when expenditure of public funds is to be made. contract (refer to LGC. 135962. setting of policies.
104 Phil 484. impose disciplinary action against local officials. among them. LGU – PNP RELATIONS: (iii) Article X. for his information and guidance. fire protection unit and jail 13 . and in the manner set Case” PILAR vs. Supervision is not incompatible with disciplinary authority. disgraceful and immoral conduct. upon finding of probable cause and reasons. meanwhile. any department. technical or other forms of . grave misconduct. Case: CORREA vs. Hearing on the charges ensued and the Respondent DILG. it is awarded to one as a vindication of the wrongful invasion of his rights. forest cover or extinction of animal or plant species. upon finality of this decision to undertake steps to expedite the same. the latter cannot petitioner.Local Chief shall. subject to the mayor’s usual remedies of See Articles 2189. (through provinces over) component cities and municipalities. G. highly urbanized NOTE: If project results in eviction. Section 25. upon LGU’s request. Before the SC. PANO 364 SCRA 76 (ii) to ensure that acts of LGU are within the scope of their prescribed powers and functions. CITY OF DAVAO. NOTE: As to tort liability: LGU is not liable if engaged in notwithstanding findings of prima facie evidence. the latter may. 1987 Constitution limits the authority of the President over LGU only to Section 27. consultation with LGU (plus prior approval by sanggunian) is indispensable for implementation of program/project. Case: MUNICIPALITY OF JAASAN. were charged administratively on various charges. report the nature. upon signing of such grant. in any event. ergo. A public officer who commits a tort or wrongful act. we are urging beyond his power. abuse of authority. agreement or deed of donation. 5/9/2005 – There being no malice or While the respondent Secretary. the third time in twenty months. and arbitrary detention.sanggunian” negotiate and secure in order to “support the basic fails or neglects to perform their duties. Mayor of Iloilo City and a member of the Sangguniang Panglungsod thereof. Damages – in legal contemplation refers to the sum of money which law awards or imposes as pecuniary compensation. the President’s alter ego. 148622. 2180 and 34 of the Civil Code on provisions on appeal. monthly are not exempt from liability for death or injury to reports including duly certified budgetary allocations and persons/damage to property. like ordinary person is antoehr 60 days. has the power to suspend the respondent Gentallan by her superior officers. if warranted and liability. expenditures. concerned. issued successive preventive suspension orders against Petitioner Mayor. supervision means overseeing or the power or therefore liable for having awarded franchise to operate ferry authority of an officer to see that subordinate officers perform service to another notwithstanding previous grant of franchise to their duties.Prior GENERAL SUPERVISION.R. terms of such assistance to both Houses of Congress and the President. allowing the mayor to suffer the duration of his third suspension. the DILG. 2 © and Sec. CA. recompense or satisfaction for an injury done or a wrong sustained as a consequence either of a breach of contractual obligation or a tortuous act. is not protected by his office and is personally liable therefor like any private individual. intimidation. and (through cities and See: REPUBLIC vs. 17. should disburse funds to answer for her mayor.R. G. RULING: Since local governments remain accountable to the national authority. 154961. Cayanan. Note: National agencies/offices with project implementation function shall coordinate with each other and with LGU concerned . Section 16 of 1987 Constitution – President shall exercise general supervision Section 28. be provided. Supervision does not mean control. 93252.No need of securing clearance/approval for grant/donation from power to alter/modify/set aside acts of a subordinate officer. We are liable on a contract it enters. If the latter fail or neglect to fulfill them the former the plaintiff. mayor. Petitioners’ primary argument is that the DILG Secretary (as President’s alter ego) is devoid. GENTALLAN. The latter has been made to serve a total of 120 days of claims. LGC – Municipal Liability – Rule: LGU and their officials executive concerned. If the latter executive over police force. Note: National agencies may be directed by the President. the DILG Secretary. within 30 days. LGC – (read alongside Sec. we are precluding the Secretary from meting out further suspensions based on those remaining complaints. as President’s alter ego. 9/12/2002. “in service is a proprietary function. to provide financial. In 128 SCRA 173 – Municipal mayor is personally liable for damages the case at bar. G. Case: RODOLFO GANZON vs. it is deemed approved. by law. oppression. Governmental structure. It includes all kinds of damages contemplated in the Civil Code. municipalities over) barangays. 8/5/1991 FACTS: Petitioner. governmental function but liable if engaged in proprietary function. as as provided under RA 6975 (DILG Act of 1990) amended by RA 8551 (PNP Reorganization Act of 1991). suspension for the first two cases and the respondent Secretary has issued another order preventively suspending the former for NOTE: Liability for contracts – Rule: LGU. CFI of BULACAN 92 SCRA 312 – Municipal corporation is responsible only for acts of its officers only when they have acted by authority of law and in conformity with requirements. Note: National agencies (including GOCCs) with field offices/branches in province/city/municipality to furnish local chief Section 24. unitary and centralized Phil. No. respectively. 26) . impact to the people in terms of environmental/ecological balance and measures to – as a body political and corporate (to serve its constituents) prevent/minimize adverse effects. PANGASINAN forth therein.Local Gov’t Code) can suspend Petitioners. culpable violation of the Constitution. judicial or administrative or certiorari. President’s General Supervision – (i) directs over provinces. steps/action as prescribed by law to make them perform their duties. depletion of non-renewable resources. assistance to LGU without extra cost to LGU. resolution appropriating funds for salary of the vice. amount. LGC – National agency/GOCC (in planning/implementation) of a project/program have DUTY TO INTERGOVERNMENTAL RELATIONS CONSULT LGU on objectives/goals.Projects financed by such grants/assistance with national in the discharge of these functions to ensure participation of LGU security implications shall be approved by the national agency both in the planning and implementation of said national projects. As this Case: MENDOZA vs DE LEON 33 PHIL 508 – Operation of ferry Court held in Ganzon vs. loss of cropland. These laws govern the Supervision defined – means overseeing or power/authority of an extent of operational supervision and control of local chief office to see that subordinate performs their duties.R. No. provided that contract is ultra vires. Municipal administrative cases have been successively filed against the city government. appropriate relocation sites to cities and independent component cities. LGC – National supervision over LGU – despite the rangeland. under bad faith in the illegal dismissal and refusal to reinstate the existing Local Gov’t Code. the former may take such services or facilities enumerated in Sec. Section 26. Otherwise. in (moral and exemplary) and attorney’s fees for having vetoed in consonance with the specific provisions of BP337 (the existing bad faith. Municipality is negligent and administrative law. LGC – LGU Power of Operational Supervision and over authonmous regions to ensure that Control over PNP – laws are faithfully executed. agency or office of the national government or from any higher LGU. NATIONAL GOVERNMENT – LGU RELATIONS: NOTE: Project/Program intended may cause pollution. of any authority to suspend and remove local officials. LINA VS. Failure of such agency to act on request within 30 days from receipt thereof. MISAMIS ORIENTAL vs. become personal liability of the officer who acted Insofar as the remaining charges are concerned. SANGGUNIANG BAYAN OF DANSOL. Ten be held personally liable for her back salaries. done in excess or beyond the scope of his duty. such power cannot be exercised oppressively. Control includes the . climactic change. may take such action or step as prescribed by law to make them perform their duties”.
abuse of authority. LGU to provide the necessary site for the fire station. after due notice and summary hearing. Section 56 – At least 1 fire station with adequate firefighting facilities and equipment for provincial capitol. of Sarmiento on the list. Section 35. local peace and order council through Mayor may recommend recall/reassignment NOTE: It is mandatory upon these named higher local chiefs to of chief of police when in its perception. city/town residences. LGC – Province has SUPERVISORY POWER – (or oversight power but does not include any restraining authority over supervised party) of province over components but not over highly urbanized and independent component cities. 14 . oversee. choose chief of police from list of 5 eligibles recommeneded by City/municipal mayor shall review all executive orders provincial police director. in their respective jurisdiction. the day to day functions of police investigation of crimes and crime prevention activities and traffic control in accordance with rules and regulations issued by the NAPOLCOM. Andaya claims Sarmiento not qualified. LGC – LGUs through appropriate ordinance. simple misconduct. upon approval of sangguniang a list of 5 eligibles not including the name of P/Chief Insp. municipality. LGU at city and municipal levels shall be responsible for fire protection and various emergency services such as rescue and evaluation of injured people at fire-related incidents and in general. Mayor cannot require Regional Director to include LGU – PEOPLES’S AND NON-GOV’TAL ORGANIZATIONS RELATIONS the name of any officer. superintend. if none. 35 and 36 of LGC implement Section 16. if none. Mayor has no power to appoint. Provincial jails shall be supervised and controlled by Provincial government within its jurisdiction whose expenses shall be subsidized by National Government for not more than three years after effectivity of RA6975. composed of provincial/district offices and city/municipal stations. Section 16. to Mayor of Cebu City. investigate all causes of fire. 30-day period immediately preceding and 30 days after any national or local and barangay Section 32. financial or otherwise to such PO and NGO is for economic. (ii) recommend to provincial police director. LGC – MUNICIPAL QUESTIONS – questions affecting and supervision of anti-gambling operation within its jurisdiction. consolidate or coordinate their efforts/services and resources for the purpose commonly beneficial to them. (iv) control Section 31. – People’s organizations are bonafide associations of citizens with demonstrated capacity to promote public interest and with identifiable leadership. that is. may and program thrusts for implementation by local PNP stations. the appointments shall be attested. capability and livelihood projects. Art. XIII of the Constitution – “The right of the people upon good cause shown. powers granted by law and in conformity with the reassignment or detail of PNP members outside their respective provincial/city/municipal ordinances. shall Sarmiento. NOTE: Operational Control and Supervision (OCS). ineffective in combating crime or maintaining peace and order in the LGU. (Sec. may be restored by President directly or and their organizations to effective and reasonable levels of through the Commission. RA8551) review of all executive orders promulgated by component cities/municipalities within his jurisdiction. 3. Andres concerned. consistent with requirements of service. jurisdiction as provided in Section 41 of RA6975 (not involving moral turpitude. but not limited to. one from among list of eligibles to be named chief of police. City/Municipality has power of general supervision over component barangays to ensure said barangays act within the Note: City/Municipal mayors. defined – power to direct. Mayor Garcia wants the name contribute funds. LGC – LGU to promote establishments and operation shall impose DISCIPLINARY PENALTIES for minor offenses of PO and NGO to become active partners in pursuit of local committed by PNP membes assigned to their respective autonomy. and (b) as chair of peace and order council. as the case may be. Section 34. political and economic decision-making shall not be grounds of frequent unauthorized absence. LGC – LGU may enter joint ventures and such other insubordination.- Section 29. provide assistance. NOTE: LGU DISCIPLINARY POWERS OVER PNP MEMBERS – City/Municipal mayors. order council which he CHAIRS. in the list. to the provincial legal officer. by law. has only limited participating LGU through a memorandum of agreement. includes.management assigned in their respective jurisdiction. inaction within 30 days from submission. the latter has been review executive orders of the lower local chiefs. to the NOTE: Exercise operational supervision and control over PNP units provincial prosecutor. LGC – LGU may through local chief executive with the of 1990): concurrence of sanggunian. PNP members shall be assigned to the city/municipaliy of their residence. habitual cooperative arrangements with PO and NGO to engage in delivery drunkenness. Art. in coordination with local peace and scope of their prescribed powers and functions. socially-oriented. (iii) authority to recommend from list of to ensure that such orders do not violate existing law/ordinance. Whenever practicable and same is deemed consistent with law and therefore valid. file complaint with fiscal. of certain basic services. transfer. preferably from same province. after public hearing conducted therefor. LGC – POWER TO REVIEW – Governor has power of implementation of provincial public safety plan. director from a list of three eligibles recommended by the PNP Director. withdrawn/revoked by Commission after consultation with Provincial Governor and congressman concerned. frequent absences. For Case: ANDAYA vs. NOTE: Sections 34. oversee Section 30. RELATED ITEMS INVOLVING LGU CONTAINED IN RA 6975 (DILG Act Section 36. Section 15 of 1987 Constitution). are automatically deputized as representatives of NAPOLCOM in their respective jurisdiction and as such. deputization may be XIII. LGC – POWER OF GENERAL SUPERVISION – elections in which instances. territorial jurisdiction. no OIC to be for more than 30 days. inimical to national security or which negate effectiveness of peace and order campaign. except. The State. appoint/assign personnel under terms agreed upon by SC held that. they can inspect police forces and units. LGUs. XIII of the 1987 Constitution. real estate. Section 60 – Bureau of Jail Management and Penology – supervision and control over all city and municipal jails. all fire prevention and suppression measures to secure the safety of life and property of citizenry. city and municipality. gambling as prohibited by law). group themselves. relief shall be based on guidelines established by NOTE: Review – to ensure that executive orders are within the NAPOLCOM. tardiness. police under authority of COMELEC. engaging in acts adequate consultation mechanisms”. Withdrawal/Revocation may be on social. Section 55 – Bureau of Fire Protection – tasked with prevention environmental or cultural projects to be implemented within its and suppression of destructive fires. Deputization. It includes the power to employ and deploy police personnel and units. INTER-LOCAL GOVERNMENT RELATIONS . 64. Exception: otherwise NOTE: OCS for CITY/MUNICIPAL MAYOR: includes – power to: (i) provided under the Constitution and special statues. NOTE: Governors and mayors. city or promulgated by the punong barangay within his jurisdiction. shall facilitate the establishment of providing material support to criminal elements. shall develop an integrated area/community public safety plan embrancing a priority of action Section 33. equipment and other property. eligibles previously screened by local peace and order council appointment of new PNP members to be assigned to the NOTE: Executive order submitted to reviewing authority within 3 respective cities/municipalities without which no such days from issuance. membership and structure (Art. RTC 319 SCRA 696 – PNP RD Andaya submitted such undertaking. upon having been elected and qualified as such. the municipality are to be submitted to the municipal legal officer. power of selecting. NOTE: Unless reversed by President. conduct audit and exercise such other functions as may be duly authorized. abridged. Province (through Governor) – shall ensure that every component city/municipality within its territorial jurisdiction acts within scope NOTE: OCS for GOVERNOR: (a) choose the provincial police of its prescribed powers and functions. no matter how qualified.