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K In the plebiscite for the proposed conversion of Cabanatuan City to a highly

urbanized city, who are qualified to cast their votes: the registered voters of
Cabanatuan City only or the registered voters of the province of Nueva Ecija?
Umali vs. Comelec, GR 203974, April 22, 2014

The Court treats the phrase "by the qualified voters therein" in Sec. 453 of the
LGC to mean the qualified voters not only in the city proposed to be converted to
an HUC but also the voters of the political units directly affected by such
conversion province of Nueva Ecija, in order to harmonize Sec. 453 with Sec.
10, Art. X of the Constitution.

N Whether or not R.A. No. 8562 infringes on the State's underlying policy of local
autonomy for its territorial and political subdivisions? SP of Bataan vs. Cong.
Garcia, G.R. No. 174964, Oct. 5, 2016

No. The State's policy to promote local autonomy and to devolve the
powers of the National Government to its political subdivisions has for its purpose
to improve the quality of local governance.

Lo al autonomy and decentralization do not deal directly with Issues concerning

ownership, classification, use or control of properties of the public domain held by
local governments. The State retains power over property of the public domain,
exercised through Congress.

K Whether or not E.O. No. 567 is unconstitutional for amending Section 17( e ) of
the Local Government Code, which limits devolution of basic services and
facilities to LGUs to only six months after the effectivity of the law? Mangune vs.
Ermita, G.R. No. 182604, Sept. 27, 2016

For administrative acts to be constitutional, it must comply with the following: (1)
Its promulgation must be authorized by the legislature; (2) It must be
promulgated in accordance with the prescribed procedure; (3) It must be within
the scope of the authority given by the legislature; and (4) It must be reasonable.
All such requirements have been complied by EO 567.1

1 (1) E.O. No. 567 was issued pursuant to Section 17 of the Local Government Code
expressly devolving to the local government units the delivery of basic services and
facilities, including health services. It is also the within the President's exercise of
her constitutional power of control over the executive department, including the
(2) Petitioners did not question the procedure by which E.0. No. 567 was issued.
(3) One form of decentralization is devolution,58 which involves the transfer of
powers, responsibilities, and resources for the performance of certain functions
N Whether or not the subject parcels of land are patrimonial properties of the
Province of Bataan which cannot be taken without due process of law and
without just compensation? SP of Bataan vs. Cong. Garcia, G.R. No. 174964,
Oct. 5, 2016

They are not patrimonial properties because the petitioner failed to provide proof
that the Province of Bataan acquired them with its own private or corporate funds,
and for this reason the lots must be presumed to belong to the State, citing Salas,
etc., et al. v. Hon. Jarencio, etc., et al.

K Is there legal duty on the part of the City of Manila "to consider" the standards
set under Ordinance No. 8119 insofar as the construction of DMCI-PDI's Torre
de Manila? Knights of Rizal vs. DMCI Homes Inc., G.R. No. 213948, April 25,

No. Nowhere is it found in the Ordinance that construction of a building outside

the Rizal park is prohibited if it impedes the background of the rizal monument.
The standards set in the Ordinance could never be applied outside the
boundaries of Rizal Park.

N Does the service of a term less than the full three years considered as full
service of the term for purposes of the three term limit rule?
Abundo vs. Comelec, G.R. No. 201716, Jan. 8, 2013

Yes. When the framers of the Constitution drafted and incorporated the three
term limit rule, it is clear that reference is to the term, not the actual length of the
service the public official may render. Therefore, ones actual service of term no
matter how long or how short is immaterial.

K Agustin vs. Comelec, G.R. No. 207105, Nov. 30, 2015

Is a person with dual citizenship qualified to run for a public office in the

No. Section 40(d) of the Local Government Code expressly disqualifies

from running for any elective local position xxx those having dual citizenship.

from the central government to the LGUs.59 It has been said that devolution is
indispensable to decentralization.
(4) The transfer of the administration and supervision of TPDH from the DOH to the
City of Taguig aims to provide the City of Taguig the genuine and meaningful
autonomy which would make it an effective and efficient partner in the attainment
of national goals and providing basic health services and facilities to the community.
The reorganization is carried out in good faith and for the purpose of economy or to
make bureaucracy more efficient.
Is the petitioner who filed a valid CoC, but used his USA passport after his
renunciation of foreign citizenship, qualified to run for Mayor?

No. By using US passport after renunciation, in effect reverted him back to

his position as a dual citizen which disqualified him to run for any elective
positions. Even if a valid CoC was filed, the COMELEC could still declare him
disqualified for not meeting the continuing requisite eligibility under the Local
Government Code.

N Whether or not the rule on succession under Section 45 of the Local

Government Code applies to this case? Epaynado Chua vs. Comelec, G.R. No.
216607, April 5, 2016

No because the rule on succession under Section 45 does not apply if the
permanent vacancy was caused by one whose certificate of candidacy was void
ab initio. Specifically with respect to dual citizens, their certificates of candidacy
are void ab initio because they possess "a substantive [disqualifying
circumstance] . . . [existing] prior to the filing of their certificate of candidacy."
Legally, they should not even be considered candidates. The votes casted for
them should be considered stray and should not be counted.

(All told, petitioner Arlene Llena Empaynado Chua is a dual citizen correctly
disqualified from running for the position of Councilor in the Fourth District of
Manila during the 2013 National and Local elections. With her dual citizenship
existing prior to the filing of the certificate of candidacy, her Certificate of
Candidacy was void ab initio. She was correctly considered a non-candidate. All
votes casted for her were stray, and the person legally entitled to the position is
private respondent Krystle Marie C. Bacani, the candidate with the next highest
number of votes among the eligible candidates.)

K Was there legal and factual bases for the Comelec in cancelling the recall
election in Puerto Princesa for lack of funds? Goh vs. Bayron & Comelec, G.R.
No. 212584, Nov. 25, 2014

No. Contrary to respondents contention, the phrase in the GAA, "Conduct and
supervision of elections and other political exercises" is sufficient to fund the
conduct of recall elections. When COMELEC declared its insufficiency to fund
the recall election, it may augment some of its actual deficiencies in the item for
the "Conduct and supervision of x x x recall votes x x x" in its budget

N Does the City of General Santos have the power to streamline and reorganize
its local government bureaucrat as well as the authority to create a separate or
supplementary retirement benefit plan? City of General Santos vs. COA, G.R.
No. 199439. April 22, 2014

City of General Santos has the power to streamline and reorganize its local govt
bureaucrat pursuant to the power inferred from Section 76 of the Local
Government Code on organizational structure and staffing pattern, and Section
16 otherwise known as the general welfare clause. It cannot however create a
separate or supplementary retirement benefit plan. Such is proscribed by Section
28, paragraph (b) of the Government Service Insurance Act because of the need
to prevent the proliferation of iniquitous plans.

(PROVISION: (b) Hereafter no insurance or retirement plan for officers or

employees shall be created by any employer. All supplementary retirement or
pension plans heretofore in force in any government office, agency, or
instrumentality or corporation owned and controlled by the government, are
hereby declared inoperative or abolished: Provided, That the rights of those who
are already eligible to retire thereunder shall not be affected.)

*NOTE however that the benefits provided in the ordinance in the case were not
proscribed, because they do not partake of the nature of supplementary
retirement benefits but a form of separation or severance pay which is an
allowable grant under RA No. 6656.

K Whether or not the RTC has jurisdiction to settle a boundary disputes involving
barangays in the same city or municipality? Barangay Mayamot vs. Antipolo
City, G.R. No. 187349, Aug. 17, 2016

RTC has no jurisdiction to settle boundary desputes involving barangays. Sec.

118 and 119 of R.A 7160 provides that Boundary disputes involving two (2) or
more barangays in the same city or municipality shall be referred for settlement
to the sangguniang panlungsod or sangguniang bayan concerned. It is only when
the intermediary steps have failed that resort to the RTC will follow as provided in
the laws.

N Is Section 42 of the Revised Omnibus Tax Ordinance, as amended, imposing

amusement tax on golf courses within the authority of Cebu City to enact under
the Local Government Code? Alta Vista Golf & Country Club vs. Cebu City,
G.R. No. 180235, Jan. 20, 2016

No because Section 140, in relation to Section 131(c), of the Local Government

Code already explicitly and clearly cover amusement tax and respondent Cebu
City must exercise its authority to impose amusement tax within the limitations
and guidelines as set forth in said statutory provisions.
The rule is that a local government unit may exercise its residual power to tax
when there is neither a grant nor a prohibition by statute; or when such taxes,
fees, or charges are not otherwise specifically enumerated in the Local
Government Code, National Internal Revenue Code, as amended, or other
applicable laws.

N Whether or not Napocor was liable to pay the assessed franchise tax imposed
under Sec. 137 of R.A. No. 7160 (the Local Government Code of 1991) by virtue
of EPIRA? NPC vs. Province of Bataan, G.R. No. 180654, March 6, 2017

No because by the enactment of EPIRA, generation is no longer considered a

public utility operation, and companies which shall engage in power generation
and supply of electricity are no longer required to secure a national franchise.
(EPIRA thus effectively removed power generation from the ambit of local
franchise taxes. Hence, as regards Napocor's business of generating electricity,
the franchise taxes sought to be collected by the Provincial Government of
Bataan for the latter part of 2001 up to 2003 are devoid of any statutory basis.)
*As regards Napocor's electric transmission function, under Section 8 of the
same law, all transmission assets of Napocor were to be transferred to
TRANSCO within six (6) months from the effectivity of EPIRA, or by December
26, 2001. Until the transfer date of the transmission assets, which by express
provision of EPIRA shall not be later than December 26, 2001, these assets,
as well as the franchise, belong to and are operated by Napocor, and the latter is
consequently subject to the local franchise tax.1wphi1