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LOCAL GOVERNMENTS

Final Examination  Prof. Gatmaytan  AY 2009-2010  20 X 10

INSTRUCTIONS
The following questions are based on recent news reports. Read them carefully and
answer the questions on the right margin; . Please read them carefully as they may
have been altered. Students will be rated based on their mastery of the subject matter
and their ability to present comprehensive and meritorious arguments to support their
answers.
The examinees will answer the following problems, adhering strictly to the following
rules:







1

Students will use student ID Numbers for identification. No other marks
tending to identify of the examinees shall appear on the quiz booklet.
All answers must fit into one booklet. Only the booklets with the least
number of answers will be read and credited.
No electronic equipment shall be allowed during the examination.
Beepers, cellular phones, and computers will be switched off during the
duration of the examination.
The proctor is not a party to the preparation of this examination. No
threats of physical or psychological violence against the proctor will be
tolerated.
Verbosity is discouraged. This is an examination, not a dissertation.
The student must attain a score of 70% to pass the examination.
Students will write legibly. The examiner is not adept at deciphering
hieroglyphics. Unintelligible answers will not be read.
The proctor will leave the examination room three hours after the
examination begins. Booklets submitted thereafter will not be accepted.
Students are not allowed to consult any materials during the
examination.

Lipa City Mayor Meynardo Sabili questioned a decision of the
Commission on Elections (Comelec) disqualifying him from the
mayoral election last May before the Supreme Court.

A.

Has Mayor Sabili
satisfied the Local
In an urgent motion, Sabili asked the High Court to issue a temporary
Government
restraining order to stop COMELEC from implementing its August 17
Code’s
resolution canceling his certificate of candidacy for alleged lack of
requirements for

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where the Supreme Court held that “to use ownership of property as determinative of permanence of residence implies that only the landed can establish compliance with the residency requirement. Sabili argued in a separate petition that his proclamation and assumption to office ended all summary proceedings for disqualification and commences the full-blown trial in regular court proceedings where evidence could be presented and verified by the parties and the court. his designation as member of the advisory body of Guardians Brotherhood. citing the case of Fernandez v. 2009. He also submitted his application for transfer of registration record due to change of residence filed with the Comelec on June 6. and the voter certification issued by the election officer of Comelec-Lipa City.” 2 Senate President Juan Ponce Enrile hit the City Council of Manila for interfering in concerns that he said exclusively belong to the Philippine Ports Authority. and his income tax returns for the years 2007 and 2008. Lipa City for more than one year prior to the May 10 elections. He submitted as proof of residence a certification issued by Dominador Honrade. Sabili said the Comelec ignored other documents he submitted to prove his residency such as the certificate of appreciation issued by the parish of Sto. showing that he is registered voter of precinct no. 2. that he has been a resident of the barangay since 2007. House of Representatives Electoral Tribunal. 407A of the said barangay.required residence in the city. Inc. the barangay captain of Barangay Pinagtongulan. residence? He alleged that the Comelec committed grave abuse of discretion in affirming the January 26 resolution of its second division that granted the disqualification case filed by a certain Florencio Librea despite his victory over rival Oscar Gozos. The mayor added that the Comelec also erred when it held that he failed to comply with the one-year residency requirement based on the registration of his family’s home in Barangay Pinatong-ulan. which proved that he paid his taxes in Lipa City starting 2007. Nino in Barangay Pinagtong-ulan. including the construction of berths and Page 2 of 7 . San Jose-Lipa City Chapter since Jan. which establishes that he transferred his voter’s registration in line with his transfer of residence to Barangay Pinagtong-ulan. He said property ownership should not be relevant to the issue of residence. 2009.

which will enhance the terminal’s capacity to handle a larger volume of goods with the increase in the number of vessels it can accommodate. are under the control of the PPA which also regulates all port fees. He added that the private port contractors of the Port of Manila. requires port operators in Manila to collect P5. which have jurisdiction over reclamation projects. The ordinance also bars ships from leaving Manila’s ports unless a clearance is issued as proof of payment of the tax.” Enrile said. “Therefore. the public purpose for which such reclaimed land is to be utilized is clearly established. Enrile was referring to the council’s investigation of a reclamation project being undertaken by the International Container Services Inc. Enrile said Manila’s proposed “marine water usage tax” will not only distort the fee structure determined and approved by the PPA but Page 3 of 7 . On the other hand. to impose an additional charge for the entry into and use of the marine waters of the City of Manila is patently illegal and highly questionable. (10 points) The reclamation has been approved by both the PPA and the Philippine Reclamation Authority. the council’s proposal to collect a “marine water usage tax” is without legal basis and will only lead to higher costs of bringing goods in and out of the country. (ICSI) for the construction of an additional berth and a proposed ordinance imposing a “marine water usage tax” on ships that dock at Manila’s ports. arrastre. the country’s premier port. The State. Discuss the validity of Manila’s attempt to exercise jurisdiction over the reclamation project. storage and other fees. A. “I find it very disturbing. stevedoring.” Enrile said. A pending ordinance in the council.” the Senate president warned.” Enrile noted. “In this case. including wharfage dues. Enrile pointed out. even granting the best of intentions. “The proposed ordinance has no legal basis and violates the exclusive jurisdiction conferred upon the PPA by law.the imposition of port fees and charges. through the PPA. that the city council would even be minded to require the port contractor to secure a mayor’s permit and a city ordinance to approve such an undertaking within the Port of Manila after the PPA has already approved the same. has given its approval for the contractor’s project to construct an additional berth. authored by Vice Mayor Francisco “Isko” Moreno.000 a day from domestic or foreign vessels for using the city waters of Manila.

Basilan. Enrile said there exists no valid reason to further require International Container Services Inc. Zamboanga Sibugay and the cities of Isabela.. he added.” making the ARMM harder to govern. A.” the Senate president said. In House Bill 173. Tawi-Tawi Lanao del Sur. will illegally impinge upon the exclusive jurisdiction granted by law to the PPA and will clearly exceed the powers granted to local governments. Pagadian. and Maguindanao. As to the reclamation. what would stop other local municipalities and cities from inordinately imposing the same or even higher charges for the use of their respective municipal or city marine waters? This situation can only lead to a chaotic and unpredictable trade environment for the country. sought the creation of Autonomous Region in Southwestern Mindanao (ARSWM) and Autonomous Region in Central Mindanao (ARCM) to replace ARMM.render the cost of trading goods to and from the country even more uncompetitive than it already is. to secure a mayor’s permit and an ordinance from Manila’s city council.” Enrile added. The Arroyos noted that Lanao del Sur and Maguindanao “are landlocked by areas inhabited by other indigenous and ethnic groups. “Such requirements. Tawi tawi. “If this is allowed. Zamboanga del Sur. Basilan (except Isabela City). Zamboanga del Norte. Dipolog. adding that the moves “betray the utter ignorance of their proponents of the governing laws and jurisprudence on the matter. The Arroyos say creating two new autonomous governments will make governing strife-torn Mindanao a lot easier as it will address the issue of geographical constraint that poses an immense challenge in governing the region. Under the proposed measure. which operates the Manila International Container Terminal. Page 4 of 7 . Gloria MacapagalArroyo proposed that the Autonomous Region in Muslim Mindanao (ARMM) be divided into two separate regions. Arroyo and her son. including the marine water usage tax. to be included in ARSM are Sulu. Camarines Sur Rep Diosdado Arroyo. as each local government can be expected to follow suit with the objective of raising their own revenues.” 3 Former President and incumbent Pampanga Rep. if imposed. and the city of Marawi City. Is the proposal to have two autonomous regions in Mindanao constitutional? (10 points) At present the ARMM is composed of the provinces of Sulu.

347 square meters. Land data from the City Assessor’s office indicate that the four titles cover only a total area of 42.787 square meters at Sitio Talanay. Sarangani and cities of Cotabato. Bautista added that that there were discrepancies between the size of the properties cited in the ordinance and available records. according to Bautista. Iligan. (10 points) The city council wants the area to be used for socialized housing intended for informal settlers and other qualified homeless families. North Cotabato. South Cotabato. The ordinance also failed to secure the consent of the majority of the affected homeowners as well as the approval of the majority or two thirds of the members of the city council. clean and pleasant” environment envisioned in the city comprehensive plan. Rizal. Marawi.000 squatter families in danger areas will have their shanties 5 demolished unless they resettle in Rodriguez. to be included in ARCM are the provinces of Maguindanao. City official. Bautista maintained that while the purpose of the ordinance is laudable. General Santos. Barangay Batasan Hills. Bautista explained that the cited conversion would violate the “green policies” of Quezon City as set by the City Planning and Development Office (CPDO). said a Quezon A. Lanao del Norte. the ordinance is contrary to the vision for the “Green Lung of Metro Manila” and the goal of a “green. A. The titles to these lands allegedly failed to show up in the computer records of the Registry of Deeds. On the other hand. Sultan Kudarat.” The ordinance sought to reclassify several parcels of land totalling 282. which is a crucial requirement. Koronadal. Page 5 of 7 . and Tacurong.2-hectare lot into a socialized housing area for the poor and other qualified occupants. Kidapawan. Lanao del Sur. According to the position paper submitted by the CPDO. About 1. Discuss the legality of Mayor Bautista’s veto. Quezon City from open space to alienable and disposable residential land. The City Assessor’s Office also could not find any tax declarations that may be used to verify the validity of the titles. 4 Mayor Herbert Bautista of Quezon City declared illegal an ordinance approved by the city council seeking to convert a 28.Dapitan and Zamboanga. he has no choice but to veto the measure because it is “prejudicial to public welfare.

as caretaker. 200 families. Noval said he will ensure the continuous delivery of basic services to the constituents using the annual budget passed by the previous municipal council. San Jose both in former Montalban. Also given priority are Barangay Damayang with 789 squatter families. If they would not avail of this rare opportunity. rest assured that we are ready to assist you. Page 6 of 7 . Garcia added it helps that Noval is perceived to be neutral and he is not Would Noval’s appointment be considered a 1 Palma. B. who was designated by Bautista to head the QC Task Force on Housing. and Maynilad. Bahay Toro in Project 6. Domingo. pending the resolution of the Commission on Elections order suspending the proclamation of the town’s elected officials. and Tullahan Creek.” he said. Metropolitan Waterworks and Sewerage System.Secretary to Mayor Tadeo Palma gave the ultimatum to victims of typhoon Ondoy in September last year who have continued to ignore repeated warnings against a similar flooding. Noval has the duty and responsibility to manage the affairs of the town. Is the planned demolition/ relocation in accordance with law? Mayor Herbert Bautista said there would be no new squatters in his term of office but vowed to look after the city’s relocation backlog estimated at 1.1 Palma said the Urban Poor Affairs Office has been instructed to remind the settlers of the coercive measures under the Urban Development Act of 1992. Gwendolyn Garcia. “Most of the families are not amenable to relocation. Palma said city hall is coordinating the resettlement drive with the Housing and Land Use Regulatory Board. 60. (10 points) Garcia said. said at least 2.068 slots were available at the National Housing Authority sites in Southville 8B.” Garcia told Noval. 50. Department of Interior and Local Government (DILG) 7 Director A. “The government would like to help them to have a decent shelter. They are not cooperative in terms of documentation.2 million people. Is the appointment of Pedro Noval valid? 6 Pedro Noval assumed as mayor-caretaker of Compostela. thus delaying the processing of their housing slots” he said. Bagumbayan. San Isidro and Kasiglahan Village 1B. Barangay Sto. 120. setting demolition for next month. Housing and Urban Development Coordinating Council along with Meralco. “If you need any support from the Provincial Government. As caretaker. Cebu Noval took his oath of office as acting Compostela chief executive before Cebu Gov. they should be prepared to face the consequence of forced demolition.

aligned with the camps of former mayor Ritchie Wagas. “There is a suspension order (on the proclamation of Quiño. who filed a protest before the Comelec that resulted in the suspension of the proclamation of Mayor-elect Joel Quiño and other elected officials last June 30. Only feedback. If the Comelec will lift that order.” Noval said. Noval said it will depend on how long the election protest filed by Wagas against Quiño can be resolved by Comelec. “term” for purposes of the three-term limit in the Constitution? Digal ordered the chief of police of Compostela to take orders from Noval soon as the latter will take the post as town mayor in an acting capacity. Robert Allen Page 7 of 7 . vice mayor-elect Nanette Dangoy and eight councilors-elect). There is no failure. “That is why you were my first choice when I was the one that would have been tasked. and who will consequently assume office.” Garcia told Noval. so that’s that the time they could determine who won in the May 10 elections. (5 bonus points) Asked how long he will sit as Compostela’s town chief.