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BLOCK B 2015

ACADEMICS COMMITTEE

TABLE OF CONTENTS

page
Elective Officials (cont’d)
1 A. Vacancies and Succession
6 B. Local Legislation
15 C. Disciplinary Action
21 1. The Ombudsman
23 2. The Courts
26 3. Removal
28 D. Recall

Human Resources and Development
32 A. Organizational Structure
32 B. Appointment, Vacancies, Compensation, Grievance
32 C. Resignation of Elective Local Officials
33 D. Administrative Discipline Against Appointive Local Officials
33 E. Sec. 91-97, LGC
38 F. Prohibited Business & Pecuniary Interests
38 G. Practice of Profession

The Local Boards, Development Councils, and Special Economic Zones
40 A. The Local School Boards
41 B. The Local Health Boards
41 C. The Local Development Councils
42 D. The Local Peace and Order Council
42 E. Autonomous Special Economic Zones

Other Provisions Applicable to Local Government Units
43 A. Settlement of Boundary Disputes
44 B. Local Initiative and Referendum

Local Taxation & Fiscal Matters
48 A. Local Government Taxation
51 B. Common Limitations on Taxing Powers of LGUs
53 C. Franchise Taxes
55 D. Amusement Taxes
56 E. Real Property Taxation
64 F. Violations of Tax Ordinance

Shares of LGUs in the Proceeds of National Taxes
65 A. Internal Revenue Allocation
67 B. Share of LGUs in National Wealth
67 C. Credit Financing
67 D. Local Fiscal Administration
69 E. Property and Supply Management in LGUs

Cities. The Local Government Units 70 A. by Aquilino Pimentel UP Law Political Law Bar Reviewer 2009 LocGov Reviewer D2014 LocGov Reviewer Supplementary Documents: B2015 Weekly Digest Compilations B2015 LocGov Midterms Reviewer Compilation of Special Laws for the Midterm Exams Compilation of Special Laws – Post Midterms Coverage Prepared By: B2015 Academics Committee – LocGov Reviewer Ops . Provisions for Implementation 90 B. The City 84 D. Katarungang Pambarangay 75 2. The Metropolitan Manila Development Authority Sources: B2015 Class Case Digest B2015 Class Notes The Local Government Code. Transitory Provisions 91 C. The Municipality 81 C. The Barangay 71 1. Sangguniang Kabataan 77 B. Provinces 88 Leagues of LGUs and Elective Officials Miscellaneous and Final Provisions 90 A. The Province 86 Appointive Local Officials Common to all Municipalities. The Autonomous Regions 94 D.

refuses to assume succession in Sec. then Governor. The highest ranking Sanggunian member or in case of his mayor: permanent inability. then 2nd highest ranking member (c) Tie between or among highest-ranking sanggunian members shall be resolved by drawing lots PERMANENT VACANCIES: SANGGUNIAN (d) Successors shall serve only the unexpired term of their predecessors Breakdown of Sec. (Menzon v. Refuses to assume office. TITLE TWO: ELECTIVE OFFICIALS continued In case of TEMPORARY vacancy – the LGC is silent on the mode of VACANCIES AND SUCCESSION succession in the event of a temporary vacancy (except for local chief executives) . Esguerra says that the mode of succession PERMANENT VACANCIES: provided for permanent vacancies may likewise be observed LOCAL CHIEF EXECUTIVE in case of a temporary vacancy in the same office Breakdown of Sec. Is removed from office. Sec. fails to qualify. mayor. vice-governor. A nomination and 2. Upon recommendation of Sangguniang 2. the following are conditions sine qualified incumbent. 4. Fails to qualify. Certificate of membership of the appointee from the highest official of the political party concerned . vice-governor. vice-mayor member Subsequent vacancies in said office shall be filled Highest ranking Sangguniang automatically by other sanggunian members Punong Barangay Barangay member according to their ranking PERMANENT INABILITY Highest ranking Sangguniang Second highest ranking (b) If permanent vacancy occurs in office of Punong Barangay member (as successor of the Sanggunian member Highest ranking sanggunian barangay member shall Governor. 44 do not apply shall be filled by office. NOTE: Succession is automatic. mayor or vice-mayor: VACANT POSITION SUCCESSOR 1) Highest ranking sanggunian member shall PERMANENT VACANCY become the governor. is removed from office. Mayor. 45. (subsequent vacancies filled become punong barangay or vice-mayor) according to rank) If latter has permanent inability. incapacitated to discharge the functions In case of Sangguniang Panlalawigan and Sangguniang Panlungsod of highly urbanized Ranking in sanggunian = determined on the basis of cities and independent component cities proportion of votes obtained by each winning (2) Governor candidate to total number of registered voters in each In case of Sangguniang Panlungsod of district in immediately preceding local election component cities and Sangguniang Bayan (3) City/Municipal Mayor Permanent Vacancy – arises when an elective official: In case of Sangguniang Barangay 1. dies. Barangay concerned 3. or Governor Vice-governor vice-mayor Mayor Vice-mayor 2) In case of the latter’s permanent inability. 1. (b) Only the nominee of political party under which the 5. LGC: Permanent Vacancies in the Sanggunian: Permanent Vacancy = arises when elective local (a) Permanent vacancies in sanggunian where automatic official fills a higher vacant office. De Leon v. 44. Voluntarily resigns or sangguniang member concerned had been elected and Included there us the act of local officials who file COCs whose elevation to position next higher in rank created the for offices other than the ones they are occupying or for last vacancy in the sanggunian shall be appointed presidency or vice-presidency of the country EXCEPT for Sangguniang Barangay 6. dies. vice-governor Highest ranking Sanggunian the 2nd highest ranking member Mayor. vice-governor. through Exec. Petilla) qua non: . Fills a higher vacant office. the 2nd highest ranking member and so (1) Vice-governor or vice mayor shall become the on down the line assumes office governor or mayor IN SUMMARY: If permanent vacancy occurs in the offices of governor. LGC: Vacancy in Punong Barangay’s Office (a) If permanent vacancy occurs in the office of governor or . APPOINTMENT: voluntarily resigns or is otherwise permanently (1) President. Is otherwise permanently incapacitated to discharge the Appointee shall come from same political party as that functions of the sangguniang member who caused the vacancy Shall serve the unexpired term There is no vacancy whenever the office is occupied by a legally In the appointment.

So Pimentel thinks that the more accurate phrase to use is sanggunian as willed by the people in the elections “authorities concerned” . and the mayor in descending order the exercise of executive power whether to appoint in order (d) In case of vacancy in representation of the youth and the to fill vacancies in local councils barangay in the sanggunian Same policy in Sec. Without the nomination and certification. Any vacancy must be made by the mayor a. When permanent vacancy refers to position of appointment is null and void youth representatives (go to (d)) Shall also be a ground for administrative action d. Under Sec. 45(a) there is an implicit policy to vest in the Upon recommendation of sanggunian concerned President. “local chief executive”: next in rank in the organization concerned Refers to the governor with respect to vacancies in Sangguniang Panlungsod of component cities and Application of Sec. RATIO: Members of the sangguniang barangay are not b. c. or to the mayor with respect to various sanggunians under circumstances where Sec. Thus. When person who caused permanent vacancy Upon recommendation of the sanggunian does not belong to any party (go to (c)) . When permanent vacancy concerns the position of against official responsible barangay electives in the sanggunian of a municipality. without them the Meaning that with respect to Sangguniang Panlalawigan appointment is null and void: and Sagguniang Panlungsod of highly urbanized cities 1. President appoints 2. 45 – This deals with permanent vacancies in the Sangguniang Bayan. 45 (c) – Pimentel clarifies the phrase “local chief executive” Local chief executive shall appoint a qualified person . Barba) IF PRIOR MEMBER NOT A MEMBER IF PRIOR MEMBER WAS A MEMBER POSITION APPOINTING AUTHORITY OF ANY POLITICAL PARTY OF A POLITICAL PARTY Recommendation of the Sangguniang Panlalawigan Nomination and Certification of the Sangguniang Panlalawigan The President political party of the member who Sangguning Panlungsod Through the Executive Secretary Recommendation of the caused the vacancy issued by the (Highly urbanized and independent Sangguniang Panlungsod highest official of the political party component cities) Sangguniang Panlungsod Recommendation of Nomination and Certification of the (of component cities) Sangguniang Panlungsod political party of the member who Governor Recommednation of caused the vacancy issued by the Sangguniang Bayan Sangguniang Bayan highest official of the political party Recommendation of Sangguniang Barangay Sangguniang Barangay City or Municipal Mayor (note that no party affiliations in Sangguniang Barangay) . RATIO: to maintain the party representation in the . Certificate of membership of the nominee duly signed the vacancy by the highest official of the political party Vacancies in the Sangguniang Barangay – There is only one rule NOTE: The 2-Certification requirement does NOT apply: . When permanent vacancy occurs in sangguniang allowed to have party affiliations barangay SUMMARY: Vacancy in the Sanggunian (from Farinas v. city. Two certifications are required. 63 on preventive suspension Vacancy shall be filled automatically by the official . 45(c) but this is a misnomer . Certificate of nomination to the nominee and independent component cities. or province (go to (d)) (c) In case of permanent vacancy is caused by a sangguniang member who does NOT belong to any political party: Sec. the governor. 45(b) in Sec. 44 does not apply Sangguniang Barangay President cannot be referred to as local chief executive Sec.

vice-governor. or Authorization to specify the powers and functions that BUT outside territorial highest ranking sanggunian local official shall exercise in the absence of the local jurisdiction for a period not member on the 4th day of absence chief executive exceeding 3 consecutive days if local executive fails or refuses to EXCEPT power to appoint. Appointment of employees NOTE: Take note of the officials authorized to approve LOA application 2. suspend. Occupant CANNOT exercise the power of: 1. TEMPORARY VACANCIES: Designation of OICs . Dismissal of employees . UNLESS the period of temporary incapacity exceeds 30 working days . duties. NO vacancy (not even a temporary one) . vice-mayor. LGC: Temporary Vacancy in the Office of the Local Chief Executive Vacancy Caused by Travel . LGC: Approval of Leaves of Absences (1) Vice governor or city/municipal vice mayor. or highest Failure to appoint OIC authorizes the vice-governor or ranking Sangguniang Barangay member shall vice-mayor. 47. shall have (a) LOAs of local elective officials shall be approved as follows: the right to assume powers. Leave of absence are absent from their jurisdictions is PROHIBITED by the LGC 2. vice. local chief (automatically) executive shall submit necessary documents showing Vice Mayor Mayor that said legal causes no longer exist (automatically) Highest ranking sanggunian Punong barangay (c) When incumbent local chief executive is traveling within the member (automatically) country but outside his territorial jurisdiction for a period Person designated in writing by not exceeding 3 consecutive days: Local chief executive is the local chief executive (1) He may designate in writing the OIC of said office travelling within the country Vice-governor. or dismiss designate successor employees (d) If local chief executive fails or refuses to issue authorization Breakdown of Sec. Thus. city/municipal mayor. and suspension of office (1) Vice-governor. or the highest member of the Sanggunian is to assume 1) This can only be exercised if period of office temporary incapacity EXCEEDS 30 working days SUMMARY: (b) Said temporary incapacity shall terminate upon submission OFFICE WHERE TEMPORARY WHO TEMPORARILY SUCCEEDS to appropriate sanggunian of a written declaration by local VACANCY OCCURS INTO OFFICE chief executive that he has reported back to office Vice-Governor Governor When incapacity was due to legal causes. and functions of the office Approved by local chief executive concerned other than the vice-governor. outside their territorial jurisdiction but within the country Breakdown of Sec. Temporary vacancies will be filled by the vice-governor. or highest ranking Sangguniang Barangay member. 46. city/municipal vice-mayor. Suspension of employees and the 5-day period to act on the application. Travelling outside territorial jurisdiction EXCEPTION: When the particular local chief is travelling 3. Automatic exercise of the powers of the temporarily vacant office means that they need not be appointed by anyone (b) Whenever LOA application is not acted upon within 5 days after receipt Certain Powers Withheld Application deemed approved . or the next highest ranking due to: Sangguniang Barangay member as OICs whenever the former 1. or the highest member of the Sanggunian to automatically exercise powers and perform duties assume office on the 4th day of absence and functions of the local chief executive a) EXCEPT the power to appoint. or punong barangay jurisdiction but within the country for 3 days or less. duties. or LOAs of members of sanggunian and its highest ranking Sangguniang Barangay member. When the local chief travels outside their territorial (a) When governor. functions on the (1) LOA of governor and mayor of highly urbanized city or FOURTH day of absence independent component city (2) Subject to limitation in (c) Approved by President or duly authorized representative (e) Local chief executive shall in no case authorize any local (2) LOA of vice governor or city/municipal vice mayor official to assume powers. dismiss employees vice-mayor. suspend. 3. travel abroad. he is NOT considered physically absent is temporarily incapacitated to perform his duties for physical or legal reasons Thus. Suspension from office for 3 days or less. the local chief may designate OIC of his office Such as LOA. Designation by the local chief of officials other than their Temporary Vacancy Occurs when local chief executive is unavailable vice-governors. vice-mayors. Approved by city or municipal mayor mayor or highest ranking Sangguniang Barangay member. as LOA of Sangguaniang Barangay memebrs shall the case may be be approved by punong barangay . as the employees shall be approved by vice governor or case may be city/municipal mayor EXCEPT as provided above (3) LOA of component city or municipal mayor Approved by governor Temporary Vacancies in Local Executive Office (4) LOA of punong barangay . or Travel Beyond Three Days – when travel exceeds 3 days. city/municipal vice-mayor.

Santos then recalled Alar’s appointment. SANGGUNIANG PANLALAWIGAN OF EASTERN SAMAR recommendation of the Sangguniang Barangay. favor of Tumamao. Santos. So cite Gamboa for the rule on temporary vacancy for this Sangguniang Bayan as the case may be. as provided in Section 45(b). Subsequently. a Doctrine: From the tenor of the appointment of Docena. a As such. This event constitutes an "inability" on the nomination and certification of the political party to part of the regular presiding officer (Vice Governor) to preside during which the member who caused the vacancy belonged. Sangguniang Panlungsod of component cities and Class Notes: Sir notes that the rule on the temporary vacancy of the vice Sangguniang Bayan . The Mayor to be permanent. The RTC ruled in favor of Lucky Damasen. His assumption of the powers of the Governor does not create a permanent vacancy in his position as the Vice-Governor. The SB likewise recommended Palafox. the SP members Aguirre and Summary: To fill the vacancy caused by a member. who did not belong Araneta objected.one. While being an Acting Governor. Mayor Barba to Governor Fariñas the appointment of presented in this case is whether a Vice Governor.The President. Santos then appointed Alar to the same position. while being the Palafox. Member belonging to a Political Party (not Governor) or by merely exercising the powers and duties of the 1. These requirements could not be circumvented Tumamao. the same deceased member. BARBA Acting Governor. The RTC of Ilocos Norte Doctrine: When the Vice-Governor exercises the "powers and duties" of dismissed and upheld the appointment by Mayor Barba. Tumamao took this oath as a Sanggu Member complete and enforceable at the time it was supposed to have been before the Mayor. Where the Vacancy is Caused by a Member of the Sangguniang Barangay . GAMBOA v. Memmber (now the who already assumed office. through the Executive "effectively absent". through the Executive Being the Acting Governor. The Governor appointed Damasen as Sanggu. Santos recalled Docena’s permanent vacancy was created in the Office of the Vice Mayor. He only "acts" as the Governor but does not "become" the to the position. since they were not properly appointed. Governor. Governor Fariñas appointed Nacino. 44 of RA 7160. Doctrine: Necessarily. Sangguniang Panlalawigan and Sangguniang higher officer. it was to be valid for the unexpired portion of the term of the member of the Laban ng Demokratikong Pilipino (LDP). answered the question in the negative. Panlungsod of highly urbanized cities and independent component cities . just jurisprudence. as provided in Section 45(b). political party to which the highest raking Sanggu. and conformably to the procedure. The Governor upon governor finds no legal basis in law. On the other hand. to discharge the powers and prerogatives of his office. therefrom only for any of the causes. a a resolution recognizing Alar’s appointment. Member. “Effective" Panlalawigan or Sangguniang Panlungsod as the case absence is one that renders the officer concerned powerless. the Acting Governor. Governor Fariñas filed a quo warranto petition. upon the nomination and certification of the simultaneously exercise the duties of the latter office. Where the Permanent Vacancy is Caused by a Sanggunian title as Vice-Governor by merely becoming an Acting Governor. for the may be. The said appointment had been accepted by Docena.The Governor upon the such temporary vacancy. continue to preside over the sessions of SP. Lucky Damasen filed a petition for quo warranto against prescribed by the LGC. As a result. petitioner Lucky Damasen became a "superseded" by the appointment in favor of Alar." 1.The President. to fill the permanent vacancy caused by Capito's death. The appointment. 2. Docena's appointment had already become Vice Mayor) belonged. Docena filed a petition to the SC. revoking the nomination of Lucky Damasen and two. giving credence to the two letters. upon recommendation of the Sangguniang mayor. but on the ground that neither Palafox nor Nacino is entitled Governor. TUMAMO Docena to succeed the late Capito as member of the Sangguniang February 17. in the Sangguniang Bayan (SB) of San Nicolas. AGUIRRE Class Notes: Good law? The recommendations are not via DILG July 20. the Vice-Mayor should discharge the duties of the Secretary. Before he left. The SC also the Office of the Governor. specific vacancy C. Docena had already member of LDP after taking his oath of affiliation before the LDP acquired security of tenure in the position and could be removed Provincial Chairperson. highest-ranking member of the Sangguniang Bayan. Sangguniang Panlungsod of component cities and the Vice-Governor whenever the latter acts as Governor by virtue of Sangguniang Bayan . Mayor Barba appointed Palafox. These SP members brought a petition for prohibition to any political party. he does not relinquish nor abandon his position and A. appointed DAMASEN v. The novel issue Ilocos Norte. June 25. 1996 exercise the power of the Vice-Governor by presiding over the Sanuguniang Panlalawigan. since the nature political party to which the member who caused the of the duties of the provincial Governor call for a full-time occupant to vacancy belonged. Sangguniang Panlalawigan and Sangguniang Panlungsod of highly urbanized and independent It has been held that if a Mayor who is out of the contrary is considered component cities . then the Acting Governor. 1991 Summary: The Secretary of Local Governments. Gamboa sought to April 19. pursuant to Sec. recommendation of the Sangguniang Panlungsod or . 1999 Secretary anymore Summary: The Governor of Negros Occidental went on an official trip abroad. he does not assume the office of the dismissed. the SP sessions. recommended to the Governor the appointment of Oscar Tumamao. The creation of a temporary vacancy in the office of the Governor creates a corresponding temporary vacancy in the office of 2. the Vice-Governor cannot continue to Secretary. LGC — “(i)n the event of the inability of the regular presiding officer to preside at the sanggunian session. discharge them. 2010 Panlalawigan of Eastern Samar (SPES). To this. SPES issued Summary: The Vice Mayor of San Isidro. The SC. it was intended permanent vacancy was created in the Sangguniang Bayan. was elevated to the position of Vice Mayor. The SC Sangguniang Panlalawigan of Ilocos Norte recommended Nacino. which thus calls for the operation of the Article 49(b. the members present and B. As a result. Where the Vacancy is Caused by a Sanggunian Member Not constituting a quorum shall elect from among themselves a temporary Belonging to a Political Party presiding officer.City or Municipal Mayor upon DOCENA v. stating that Lucky . against the Vice-Governor. Isabela died. he designated the Vice-Governor Gamboa as the FARINAS v. time being. The CA ruled in by the simple process of recalling his appointment. The same is true for the governor and Vice-Governor.

the action may be continued and maintained by or against his successor if. CA successor. Doctrine: The reason behind the right given to a political party to nominate a replacement where a permanent vacancy occurs in the Sanggunian is to maintain the party representation as willed by the people in the elections. Petitioner Juan Victoria filed a motion for reconsideration of the COMELEC resolution but the same was denied. Following Sec. Last vacancy in the Sanggunian refers to that created by the elevation of the member formerly occupying the next higher in rank which in turn also had become vacant. the appointee shall come from the same regarding no political affiliation political party as that of the Sanggunian member who caused the vacany. Navarro belonged to the same political party as Tamayo (REFORMA-LM). April 11. 45 of RA 7160 provides for conditions for the rule of (1) Maybe we can apply Sec. Due to the vacancy in the Sangguniang Bayan." district in the immediately preceding local election”. Second. leaving vacant his post as “Motion to Withdraw the MFR”. if there is substantial need to do so. voted for by the people b. COMELEC disqualified him as Mayor. Respondents filed this case assailing the appointment of Navarro and argued that the appointee should come from Lakas NUCD-KAMPI which is the political party of Vice Mayor Aquino since he is the one who created the vacancy. The SC held that the appointee should come from REFORMA-LM since the purpose and intent of the law is to maintain party representation in the Sanggunian as willed by the people. CSC issued a VICTORIA v. March 28. 2003 In Navarro v. Vice-Governor Danilo Azana automatically assumed Vice Mayor Navarro replaced him as Mayor. 45(b) to differentiate it from the other vacancy previously created. to assume the (1) Same result as the case of Navarro vacant position in the Sangguniang Bayan because he is not a bona fide (2) Ratio: party representation. The result of the investigation states that the respondents ought to be removed for “wanting in their performance”. It is clear from the above Rule that when petitioner ceased to be mayor of Santiago City. the action may be continued and maintained by his NAVARRO v. ranking in the sanggunian there is substantial need for continuing or maintaining it and the shall be determined on the basis of the proportion of votes obtained by successor adopts or continues or threatens to adopt or continue the each winning candidate to the total number of registered voters in each action of his predecessor. he returned to office vacancy occurs in the Sanggunian is to maintain the party and ordered an investigation be made on the appointments made by representation as willed by the people in the election. 17. Governor appointed Navarro to the Sanggunian. If the party was dissolved mid-term Doctrine: Sec. His son then substituted for him. Sir said that the CA decision was cute but it is still wrong . 44 of the Local Government Code states that “for may be granted by the Court. while serving as Acting Mayor. another one from its party should be appointed to the Sanggunian. SC Jesus James Calisin being the highest ranking members of the ruled that the successor has such authority by virtue of Section 17. the party they were member of LDP. 1994 disqualified to run for the next election. CA. Rule Sangguniang Panlalawigan of Albay. Death or separation of a party who is a public officer.Damasen is not a bona fide member of the LDO – ruled in favor of a. 45(c) on the rule succession to apply: First. 3 of the 1997 Rules of Civil Procedure. resigns or otherwise ceases to hold office. He then filed a MRF on Summary: Due to the suspension of Governor Romeo Salalima of the the CSC resolution. CARREON Concerned. succession under Sec. Subsequently. Mayor Navarro filed a the powers and functions of the governor. 2001 Summary: Upon the death of the mayor. Since REFORMA-LM lost one member. based on COMELEC’s certification. 45 (b) of RA 7160: the reason behind the right appointed the respondents in various positions in the city government. 44 of the Local Government Code. MIRANDA v. Vice Mayor Aquino succeeded to the said office by operation of law. Mayor Miranda was January 10. Situations: What would be the effect if: . the appointee must have a nomination and a Certificate of Membership from the highest official of the political party. Later. If the highest member changes political party mid-term Tumamao. not even qualified. His son won and was proclaimed as mayor. Sanggunian member Tamayo (highest number of votes among the members) succeeded to the office of vice mayor. Province of Albay. The term “last vacancy” is used in Sec. The issue here is WON Mayor Navarro vice-governor. The Supreme Court Doctrine: "Sec. given to a political party to nominate a replacement where a permanent After Mayor Miranda has served his suspension. Class Notes: . Azana’s position was occupied by private respondent has the authority to withdraw actions filed by the previous Mayor. Mayor Amelita Navarro. within thirty (30) days after the successor takes office or such time as Doctrine: Sec. rule laid down in Sec. Damasen is not entitled. COMELEC resolution reinstating the respondents. the SC explained the reason behind the rule of Summary: Vice Mayor Navarro. Vice Mayor Navarro. 44 and 45 LGC. Mayor Miranda removed the respondents from office. it is satisfactorily shown by any party that purposes of succession [in case of vacancies]. upheld the validity of the COMELEC resolution and held that Calisin was — When a public officer is a party in an action in his official capacity the highest ranking Sangguniang Panlalawigan member following the and during its pendency dies.

or enjoy the presumption of constitutionality c. Censured. Sangguniang Panlalawigan for Province 2. Environmental protection preside at a session: e. Offense involving moral turpitude . Their powers are outlined in: (1) Organization of the sanggunian a.note that there is no automatic LOCAL LEGISLATION succession. Sec. Must be general and consistent with public policy f. LGC: Local Legislative Power INTERNAL RULES OF PROCEDURE Local legislative power shall be exercised by: Breakdown of Sec. Passed according to the procedure prescribed by law Provided that penalty of suspension or expulsion 3. Sec. NOTE: LGC does not require the completion of the updating Breakdown of Sec. they cannot go against national policy and (2) Order and calendar of business for each session Congress (3) Legislative process (4) Parliamentary procedures Contempt Powers NOT vested in LGUs Includes conduct of meetings during sessions . 458 – Sangguniang Panlungsod include but not limited to Committees on: d. Must not prohibit but may regulate trade (6) Other rules as sanggunian may adopt e. Sec. 50. Unlike Congress. Sec. Must be within the powers of the LGU d. Sec. Must not be partial or discriminatory b. Youth and sports development (b) In the event of inability of the regular presiding officer to d. 391 – Sangguniang Barangay Election of its officers b. Women and family c. Labra) days. Youth and sports development . Sanggunian is allowed to create standing committees (4) Punong barangay for the Sangguniang Barangay 2. members in a quorum must elect among themselves a temporary presiding officer Breakdown of Sec. Four consecutive absences without justifiable cause . Any offense involving moral turpitude d. 468 – Sangguniang Panlalawigan a. Environmental protection of a valid delegation of legislative power from Congress e. 50 recognizes 2 general causes for which a member may He shall certify within 10 days from passage of be subject to disciplinary action: ordinances enacted and resolutions adopted by 1. 49. Sangguniang Barangay for Barangay existing rules of procedure Four Local Sanggunians – Take note of the 4 local legislative bodies (b) Rules of procedure shall provide: . sanggunian shall adopt or update its 4. Validity of an ordinance: (Lagcao v. Ordinances enacted in the exercise of powers under the LGC b. Imprisonment of at least 1 year b. Sub section (b)(5) provides for the sanctions Presiding Officer – this is designed to distribute powers among the local 2/3 votes needed for suspension or expulsion elective officials so that the sanggunian can properly check the local Automatic expulsion if member is convicted: chief executive a. Cooperatives Except that power to create own sources of revenue General jurisdiction of each committee and to levy taxes are conferred by Constitution Election of chairman and members of committee . Sec. Must not be unfair or oppressive a. Must not be unreasonable Sanggunian Rules of Procedure . But LGC provides for the 5 MANDATORY committees: a. As delegates. . Sangguniang Panlungson for City (a) On the first regular session following election and within 90 3. Local political subdivisions are able to legislate only by virtue d. Women and family Subordinate Legislation c. Appropriations Presiding officer shall vote only to break a tie b. Appropriations b. Sangguniang Bayan for Municipality days thereafter. Temporary Presiding Officer . 48. Excluded from session for not more than 60 . Must not contravene the Constitution or any Provided that member is automatically expelled statute if he is convicted by final judgment of: b. Disorderly behavior sanggunian in the session he temporarily presided 2. LGC: Presiding Officer or adoption of internal rules before the sanggunian could act It simply requires that the matter of adopting or (a) The presiding officers: updating be taken up during the first session (1) Vice governor for the Sangguniang Panlalawingan (2) City vice mayor for Sangguniang Panlungsod Committees (3) Municipal vice mayor for Sangguniang Bayan 1. 50 deals with procedural matters concerned with the PRESIDING OFFICER organization and conduct of the sessions of the sanggunians . LGC: Internal Rules of Procedure 1. In accordance with certain substantive principles: shall require 2/3 vote of all members a. 447 – Sangguniang Bayan Creation of standing committed which shall c. LGUs do not have an inherent power to cite (5) Discipline of members for disorderly behavior and anyone for contempt absences without justifiable cause for 4 consecutive . Cooperatives Members present and constituting a quorum shall elect from among themselves a temporary presiding Disciplinary Action officer . Expelled 2. Imprisonment of at least 1 year or c. No provision in the LGC sessions For which they may be: Validity of Ordinance a. Reprimanded. or 1.

Delivers a privilege speech. have with any person. Only agenda in the notice is to be taken up b. Ownership of stock. decency or morality 1. time. Written notices required resolution that may affect the interest. or professional relationship The Sessions Ratio: To avoid conflict between public duty and private interests which 1. time. By an affirmative vote of majority of public members present. or professional How? By RESOLUTION relationship or any relation by affinity or Minimum number of regular sessions: consanguinity within 4th civil degree which he may 1. Local chief executive. Disclosure of interests of his 4th degree RELATIVES in a. members. UNLESS otherwise concurred by 2/3 vote of disclosure shall be made before voting on sanggunian members present. 52. Written notice to members shall be served personally proceedings and shall be made in the ff manner: At the member’s usual place of business a. and NO 2 sessions (regular or special) may be held in ONE 2. Takes a position thereon General Rule: Sessions are open to the public Where Filed – in writing with the secretary of the sanggunian Exception: When closed door sessions are ordered concerned or with the secretary of the committee to which he belong . Upon assumption of office. there being c. should consider other items d. Minimum required number of sessions Time of Disclosure (1) Once a week for sanggunians of the province. pecuniary. Votes on 2nd or 3rd reading of said ordinance. Majority of sanggunian members Conflict of Interest = one where it may be reasonably deduced that a member of a sanggunian may NOT act (c) All sanggunian sessions shall be open to the public in the public interest due to some private. upon assumption of office. 51. there being a the ordinance or resolution on 2nd and 3rd quorum readings b. 1. LGC: Full Disclosure of Financial and Business Breakdown of Sec. financial May be published upon resolution of sanggunian connection. FULL DISCLOSURE OF FINANCIAL AND BUSINESS INTERESTS THE SESSIONS Breakdown of Sec. financial. there being a quorum b. May be called by the local chief executive or majority of business. Participates in the discussion of an ordinance or c. LGC: Sessions Interests of Sanggunian Members (a) On 1st day of session immediately following election of (a) Every sanggunian member shall. UNLESS : or other personal considerations that may tend to 1. capital. and Bayan ordinance or resolution UNDER CONSIDERATION by 2. Twice a month for Sangguniang Barangay the sanggunian Which relationship may result in conflict of (b) Special sessions interest When public interest so demands Interest shall include: May be called by: 1. Regular sessions may prejudice public service a. In the public interest (b) Disclosure required shall be: 2. Or for reasons of security. and place of its make full disclosure of his business and financial interests regular sessions Disclose any business. or d. or 2. finance. In writing. Day. or in the profession before he discharges sanggunian members his duties as when he: b. Disclosure shall be made before member At least 24 hours before participates in the deliberation on the ordinance b. Contracts or agreements 2. or (1) Unless 2/3 vote of members present. or entity. Submitted to the secretary of sanggunian or of the day committee of which he is a member (d) In case of special sessions of sanggunian: Disclosure shall form part of the record of the a. sanggunian shall fix the day. city. firm. A closed door session is ordered affect his judgment to the prejudice of the service or a. FULL disclosure of his OWN municipality business or financial interests (2) Twice a month for the barangay This is an absolute requirement 2. affected by any Panlungsod. Called in the name of public interest a. Once a week for Sangguniang Panlalawigan. No other matters may be considered at a special or resolution under consideration session except those stated in the notice (1) If he did not participate in deliberations. Disclosure shall be made when a member takes a (e) Each sanggunian shall keep a journal and record of its position or makes a privilege speech on a matter proceedings that may affect business interest. investment 1. or quorum. Special sessions 2. place fixed on first session after election b.

QUORUM APPROVAL OF ORDINANCES

Breakdown of Sec. 53, LGC: Quorum Breakdown of Sec. 54, LGC: Approval of Ordinances

(a) Majority of members of sanggunian elected and qualified (a) Every ordinance enacted by the Sangguniang Panlalawigan,
shall constitute quorum to transact official business Panlungsod, or Bayan shall be presented to the provincial
If question of quorum is raised during session, governor or city/municipal mayor
presiding officer shall immediately proceed to call the (1) If local chief executive APPROVES
roll and announce results He shall affix his signature on each and every
page thereof
(b) Where there is no quorum: (2) Otherwise, he shall VETO it
1. Presiding officer may declare a recess until such time a And return the same with objections to the
quorum is constituted, or sanggunian
2. Majority of members present may adjourn from day to Sanggunian may then reconsider the same
day
a. And may compel immediate attendance of any Sanggunian may override the veto by 2/3 vote of all its
member absent without justifiable cause by members; ordinance or resolution will then be
designating a member to be assisted by member effective for all legal intents and purposes
of police force assigned in the territorial
jurisdiction to arrest the absent member and (b) Veto shall be communicated to sanggunian within:
present him in the session 1. 15 days in case of a province
2. 10 days in case of city or municipality
(c) If there is still no quorum despite enforcement of (b)
No business shall be transacted Otherwise, ordinance deemed approved as if signed
Presiding officer shall then declare session adjourned
for lack of quorum (c) Ordinances enacted by Sangguniang Barangay shall be
Upon proper motion duly approved by members signed by the punong barangay
present Upon approval by majority of all its members

Quorum = the fixed number of members present at a session which is NOTE: Sec. 54 deals only with the approval required of governor for
considered legally sufficient to transact the business of the sanggunian provincial ordinances/resolutions and mayor for city/municipality
- For sanggunian, quorum is majority of members (1/2 of ordinances
members plus 1) - It does not treat the power of approval or disapproval that
the Sangguniang Panlalawigan has over ordinances and
Special Quorum - There are sessions where a special quorum is resolutions of component cities or municipalities or the
required; like: power of the latter over barangay ordinances and resolutions
1. If session is intended to override veto of the local chief This is provided for in Sec. 56 and 57
executive, quorum required must be not less than 2/3 of all
members since this is the vote needed to override veto Review:
2. Sanggunian may meet with less than a majority when Sec. 53 1. Requisites of a valid ordinance
states that a majority of all members of the Sanggunian who 2. Differences between an ordinance and resolution
have been elected and qualified shall constitute quorum
This covers situations where less than all members of On Resolutions
the Sanggunian are elected and qualified - Note that resolutions are not mentioned in the 1st sentence as
Ex: 10 sanggunian members, 5 have been elected and among the acts of sanggunian that need to be approved by
qualified while the other 5 are facing electoral protest the local chief
3 of the 5 elected and qualified members can meet - Note further that resolutions are mentioned in the 3rd
and hold a valid session sentence which deals with the sanggunian’s power to
Under these circumstances, 3 out 5 would override the veto
constitute a quorum - In any case, resolutions in practice are submitted for
signature also by the local chief
No Quorum = No Valid Session – any transaction or business conducted
is void ab initio NOT a ministerial act – see De los Reyes v. Sandiganbayan
- The approval of the sanggunian resolution by the local chief
Arresting Members to Secure Quorum is NOT a ministerial act
- Presiding officer of majority of the members present may - The grant of veto power confers authority beyond the simple
adjourn and compel attendance of absent members mechanical act of signing an ordinance or resolution as a
- Done by ordering their arrest by the police force requisite to its enforceability
Not for failing
But to compel attendance Manner of Approval
- Approval of an ordinance may be done by:
See the following cases: 1. Governor’s or mayor’s signing of all the pages of an
1. Zamora v. Caballero - Only qualification is material in the ordinance; or
counting of a quorum. The filing of a leave of absence does 2. By inaction of local chief to act on the ordinance:
not affect the member's material qualification or election, a. Within 15 days for a provincial ordinance
hence quorum shall be based on the total number of b. 10 days for a city or municipal ordinance
members without regard to the filing of a leave of absence. - In case of barangay ordinances:
2. Casino v. CA - It is legally permissible, as exceptions to the Once approved by majority of all members of
general provisions covered by the city charters and the LGC, Sangguniang Barangay, approval of punong barangay is
that the vote requirement be specifically provided for instead not required
of the usual majority vote. WHY? The punong barangay IS a member of the
Sangguniang Barangay

VETO POWER REVIEW OF ORDINANCES AND RESOLUTIONS

Breakdown of Sec. 55, LGC: Veto Power of the Local Chief Executive Breakdown of Sec. 56, LGC: Review of Component City and Municipal
Ordinances or Resolutions by the Sangguniang Panlalawigan
(a) Local chief executive may veto any ordinance of the
Sangguniang Panlalawigan, Panlungsod, or Bayan on the (a) WITHIN 3 DAYS from approval, Secretary of the
ground that: sangguniang panlungsod or bayan shall forward to
1. It is ultra vires, or sangguniang panlalawigan for review copies of:
2. Prejudicial to the public welfare 1. Ordinances and
2. Resolutions approving local development plans and
Stating his reasons therefor in writing public investment programs formulated by local
development councils
(b) Local chief executive, except the punong barangay:
Shall have the power to veto: (b) WITHIN 30 days after receipt of copies of such ordinances
1. Any particular item/s of an appropriation and resolutions:
ordinance or 1. Sangguniang Panlalawigan shall:
2. Resolution adopting a local development plan a. Examine the documents or
and public investment program, or b. Transmit them to provincial attorney (or
3. An ordinance directing payment of money or provincial prosecutor if no attorney) for prompt
creating liability examination
Veto shall NOT affect the item/s not objected to 2. Provincial attorney/prosecutor shall inform the
Vetoed item/s shall not take effect sangguniang panlalawigan of his comments and
UNLESS sanggunian overrides the veto recommendations
Item/s in appropriations ordinance of the a. Within 10days from receipt
previous year corresponding to those vetoed, if b. In writing
any, shall be deemed reenacted c. Recommendations may be considered by the
sangguniang panlalawigan
(c) Local chief executive may veto ONLY ONCE
Sanggunian may override the veto by 2/3 vote of all its (c) If sangguniang panlalawigan finds that such ordinance or
members resolution is BEYOND the power of the sanggunian:
Ordinance effective without approval of the local 1. It shall declare such ordinance/resolution invalid
chief executive a. In whole or in part
2. Sangguniang panlalawigan shall enter its action in
NOTE: The punong barangay has no veto power over ordinances of the the minutes
Sangguniang Barangay (remember that he is a member of the a. It shall also advise the corresponding city or
Sanggunian himself) municipal authorities of the action it has taken

Grounds for Veto: only 2 grounds are specified (d) If no action has been taken by the Sangguniang
1. Ultra vires Panlalawigan within 30 days after submission:
2. Prejudicial to the public welfare 1. Ordinance/resolution shall be:
a. Presumed consistent with the law, and
Scope of Veto: b. Therefore valid
1. Entire ordinances
2. Particular items only in: Power of Review
a. Appropriation ordinances - Note that it is the sangguniang panlalawigan and not the
b. Ordinances adopting local government plans and public governor who has the power to review component city and
investment programs municipal:
c. Ordinances directing payment of money or creating 1. Ordinances of ALL KINDS, and
liability against the LGU 2. Resolutions dealing with local development plans and
public investment programs formulated by local
NOTE: Sec. 55 allows local chief executive to veto development councils
ordinances AND resolutions; and only ONCE
Take note of the periods
Effect of Veto 1. Submit the ordinances and resolutions within 3 days from
1. If entire ordinance vetoed approval
a. Unenforceable for all intents and purposes 2. Upon receipt, sangguniang panlalawigan must act on them
2. If particular items only within 30 days
a. Only vetoed items are ineffectual a. Approval may come in 2 ways:
b. Item in the appropriations ordinance of the previous (1) Formally, by passing a resolution of approval
year corresponding to those vetoed, if any, deemed (2) Informally, by its inaction within 30 days
reenacted b. Note also that the sangguniang panlalawigan must
communicate to the component city/municipalities its
Duty of Local Chief Executive After Veto: Remember that the local chief action within the same 30 day period
must inform the Sanggunian of the veto within:
1. 15 days for provincial ordinances Ground to Invalidate Ordinance or Resolution: Sec. 56 mentions the sole
2. 10 days for city or municipal ordinances ground: That the ordinance/resolution in whole or in part are found to
be outside the powers of the sanggunian
Overriding of Veto
- Sanggunian may override by a 2/3 vote of all members
- Effect of overriding: Ordinance effective as if approved and
signed by local chief
Once overridden, it cannot be “re-vetoed”

Breakdown of Sec. 57, LGC: Review of Barangay Ordinances by the WHAT HAPPENS AFTER REJECTION
Sangguniang Panlungsod or Sangguniang Bayan It shall declare such
Sanggunian concerned shall
ordinance/resolution invalid In
return the same with its
(a) WITHIN 10 days after its enactment, sangguniang whole or in part
comments and recommendations
barangay shall furnish copies of ALL barangay ordinances
to the sangguniang barangay
to the sangguniang panlungsod or bayan for review Sangguniang panlalawigan shall
concerned For adjustment,
As to whether the ordinance is consistent with law and enter its action in the minutes
amendment or modification
city or municipal ordinances
It shall also advise the
Effectivity of barangay ordinance
(b) If sangguniang panlungsod or bayan fails to take action corresponding city or municipal
suspended until such time as
within 30 days from receipt authorities of the action it has
revision is effected
Barangay ordinance shall be deemed approved taken

(c) If the sangguniang panlungsod or bayan finds the barangay
ordinances inconsistent with law or city or municipal ENFORCEMENT AND EFFECTIVITY
ordinances: OF ORDINANCES AND RESOLUTIONS
a. Sanggunian concerned shall return the same with its
comments and recommendations to the sangguniang Breakdown of Sec. 58, LGC: Enforcement of Disapproved Ordinances
barangay concerned or Resolutions
Within 30 days from receipt
b. For adjustment, amendment or modification Any attempt to enforce any ordinance or resolution approving local
Effectivity of barangay ordinance suspended development plan and public investment program, AFTER disapproval
until such time as revision is effected - Sufficient ground for the suspension or dismissal of official
or employee concerned
Review of Barangay Ordinances – they are subject to review by the
sangguniang panlungsod or bayan of city/municipality to which it NOTE:
belongs - Sec. 58 does not distinguish between an elective or
appointive official so both are covered
Approval of Ordinances: the sanggunian concerned may approve the - This is an additional ground for disciplinary action against
barangay ordinances if these are consistent with law or with city or erring LGU officials or employees
municipal ordinances
- Approval may come in 2 ways: Breakdown of Sec. 59, LGC: Effectivity of Ordinances and Resolutions
1. Formally in the form of a city or municipal resolution
2. Informally, by inaction within 30 days from submission (a) Ordinance or resolution approving local development plan
by the sanggunian concerned and public investment program shall take effect
AFTER 10 days from the date a copy thereof is posted
Disapproval of Ordinances in a bulletin board at the entrance of provincial
- Sanggunian concerned may disapprove on the ground of capitol or city, municipal, or barangay hall
inconsistency with law or with city/municipal ordinances And in at least 2 other conspicuous places in the
- Sanggunian shall return the ordinances with its comments LGU concerned
and recommendations to the barangay for adjustment, UNLESS otherwise stated in the ordinance or
amendment, or modification resolution
- Until revisions are made, effectivity SUSPENDED
(b) Secretary of sanggunian concerned shall cause the posting
REVIEW OF SEC. 56 AND 57: of an ordinance or resolution:
In the bulletin board at entrance of provincial capitol,
Ordinances by Sanggunian of and city, municipal, or barangay hall
Ordinances by Sangguniang
Component Cities and In at least 2 conspicuous places in the LGU
Barangay
Municipalities NOT later than 5 days after approval
BY WHOM
Sangguniang Panlungsod or Text of ordinance or resolution:
Sangguning Panlalawigan
Sangguniang Bayan 1. Shall be:
WHEN TO SUBMIT FOR REVIEW a. Disseminated, and
Within 3 days from approval, b. Posted in Filipino or English
Within 10 days from approval,
forwarded by secretary of (1) AND in the language or dialect understood
forwarded by Sanggunian
sanggunian by the majority of the people in the LGU
WHAT 2. Secretary to the sanggunian shall record such fact in a
Ordinances of ALL kinds book kept for the purpose
Resolutions on local a. Stating dates of approval and positing
ALL barangay ordinances
development plans and public
investment programs (c) Gist of all ordinances with penal sanctions shall be
PERIOD OF REVIEW published in a newspaper of general circulation within the
Within 30 days from receipt Within 30 days from receipt province where the LGU body belongs
APPROVAL 1. In the absence of any newspaper of general circulation
Formally, by issuing a resolution Formally, by issuing a resolution within the province, posting shall be done in all
of approval of approval municipalities and cities of the province where
Informally, by inaction after 30 Informally by inaction after 30 sanggunian of origin is situated
days from receipt days from receipt
(d) In case of highly urbanized and independent component
GROUNDS FOR REJECTION
cities
If beyond the power conferred Whether consistent with the law
Main features of ordinance of ordinance/resolution
upon the Sanggunian concerned and city/municipal ordinances
duly enacted or adopted shall be published once in a

Resolution 49 was passed declaring the area where DR Other LGC Provisions Coliseum was located as residential. Sec. and ordered their suspension. The SC reversed and said that there has been sufficient compliance with the LGC. gives rise to an irrepealable law Follow the general rule ordinance or resolution. One of the allegations was same may be posted in at least 2 beginning of the next ensuing that Ordinance No. Sec. Gallera filed a petition seeking to (from LGC provisions and IRR) declare Resolution 378 null and void. in a newspaper of general circulation. Class Notes: ORDINANCE OR . Eduardo Tidor by himself Within 10 days after their and as taxpayer filed an administrative complaint in the Office of the approval. al. It authorized the Publication in a newspaper of its publication or at the end of the expropriation of Lot 26 of the Maysilo Estate owned by the CLT Realty general circulation period of posting. 107(g) of RESOLUTION ON LOCAL DEVELOPMENT PLAN AND the LGC IRR states that there must be a majority vote of those PUBLIC INVESTMENT PROGRAMS present constituting a quorum . the province appropriation for this worth P50M can be reverted for use in a If none. Vice-Mayor AND UNLESS otherwise provided Malapitan requested the immediate repair of the offices of the Gist of such ordinance shall be therein councilors. the same shall be against Mayor Malonzo. as the case may be. Not really irrepealable. and in at least 2 other 49. follow general rule. shall be incorporation of particular provisions in enacting a particular statute published once in a newspaper and. In 1997. 1991 general circulation This is in ADDITION to being posted Summary: Robinson Casino is a cockpit operator of the Don Romulo Coliseum. Malonzo et. it provided that sanctions the area where DR Coliseum was will be changed from residential to recreational. to pass an ordinance or resolution. Ordinance No. publish in a newspaper of December 2. the considered as falling at the SangguniangPanlungsod of Caloocan City. ZAMORA city/municipal or barangay hall July 27. . Vice-Mayor Malapitan. al. Resolution 378 was passed with only a majority of the SUMMARY OF RULES: Publication and Effectivity of Ordinances votes of Sangguniang Panglunsod. if President for Dishonesty. The OP ruled against Malonzo et. Remember. Casino objected saying that the ¾ vote requirement was ultra vires because it contravened LGC.44 of Resolution No. In 1998. SC sided PUBLICATION EFFECTIVITY with Gallera. the Sanggunian concerned shall adopt or update its existing rules of procedure. 188 – Publication of tax ordinances and revenue clause that said that any amendment to the area classification of measures Resolution 49 would have to be approved by ¾ of the Sangguniang 2. Sec. to determine the evils sought to be prevented by the inclusion or in addition to posting. municipal. 0254 municipalities and cities of the was passed providing for payments for items in the supplemental province budget. of local circulation. GENERAL RULE Posted in a bulletin board at the Doctrine: It is legally permissible. as well as the hiring and retention of several personnel. and members of the of local circulation. the higher requisite vote in Resolution FOR HIGHLY URBANIZED AND INDEPENDENTC OMPONENT CITIES No. barangay hall. and that even if they failed to approve the new rules. but it gives conditions before it can be repealed ALL ORDINANCES WITH PENAL SANCTIONS Posted at conspicuous places in the provincial capitol. if none. It turned out that the lot was subject of a boundary EXCEPT in the case of barangay higher dispute between Caloocan and Malabon. to pass the appropriate ordinance to attain the main 10 days after posting object of the law. as in the case of Section 6. In a published in a newspaper of memorandum endorsed by the Mayor. local newspaper of general circulation within the city CASINO v. Although the general law on the conspicuous places matter requires a mere majority. the rules which were applied in the previous year shall be deemed in force until new ones are adopted. Sir takes issue on the sanctioning of the ¾ requirement since Follow that stated in the it. 511 – Posting and publication of ordinances with penal Panglungsod. or MALONZO v. CA In absence thereof. Pursuant to this certification. whichever is Development. posting in all supplemental budget. published in full for 3 Beginning of the quarter. Resolution 378 was subsequently passed. or Government Code. The resolution also provided for a 1. the amounts of which shall be taken from the general fund from TAX ORDINANCES the reversion of the funds for expropriation. Misconduct in Office and Abuse of Authority consecutive days in a newspaper otherwise. in effect. if none. as exceptions to the general entrance of the provincial provisions on measures covered by city charters and the Local capitol or city. Ordinance No. the City Treasurer manifested general circulation within the that since the expropriation of Lot 26 was discontinued. therefore. instead of the usual majority Vote. if none. 49 shall govern since municipal authorities are in a better position Main features of the ordinances. 0254 was passed without complying with Sections conspicuous and publicly quarter 50 and 52 of the LGC requiring that on the first regular session accessible places following the election of its members and within 90 days thereafter. In their defense. 1999 for a minimum of 3 consecutive weeks Summary: Ordinance No. 0168 was passed by the AND Take effect on the day following SangguniangPanlungsod of Caloocan City in 1994. said that the matter of adoption of the house rules was taken up and that the council arrived at a decision to create an ad hoc committee to study the rules. that the vote requirement in certain ordinances may 10 days after posting be specially provided for. 0246 ordinances was enacted. increasing the appropriated amount.

thus giving the Court more reason to accord them great the first regular session merely to the adoption or updating of the house weight for such subsequent corrections. Sanggunian’s session. ZAMORA DE LOS REYES v. A long line of decisions has held that for an ordinance to be valid. when legally assembled in their proper places.” when required to constitute a quorum. adoption or updating of house rules would necessarily entail respective constituents but also help in the making of decisions by work beyond the day of the first regular session. he filed a to initiate expropriation proeceedings for Lot 26 of the Maysilo estate. reiterating its earlier position in the HAGONOY MARKET VENDOR ASSOC. the Sandiganbayan’s reliance upon the minutes taken during the owner of such. of revenue measures is not left uncertain for a considerable length of time. [Summary from the 2000 case] The OSG filed a motion for reconsideration. 1997 Summary: [Summary from the 1997 case]During the incumbency of Summary: Mayor de los Reyes was charged with falsification of a public Mayor Asistio. Member Zamora filed a petition before the RTC to nullify the said of paramount importance. LAGUIO. Doctrine: The tests of a valid ordinance are well established. MALONZO v. 28 is a revenue measure adopted regular session with only 7 members present.Doctrine: There is nothing in the language of Section 50 and 52 of the A sanggunian is a collegial body. . The funds for the operation of its agencies acts. As regards the argument that The Court accords full recognition to the minutes as the official Malonzo et. In the meantime. Doctrine: The entire membership must be taken into account in computing the quorum of the sangguniang panlalawigan. al. It simply effectivity of the ordinance. Respondent city of Manila protests the ruling of the RTC by Judge The qualification in the LGC that the majority be based on those Laguio which states that it was unconstitutional. Court and contested the constitutionality of such ordinance. 01. the Hagonoy Marjet Vendor Association requires that the matter of adopting or updating the internal rules of filed an appeal assailing the constitutionality of the ordinance. February 6. During the session. the SC happened that the minutes may be corrected to reflect the true account said that nothing in the rules restrict the matters to be taken up during of a proceeding. members so that they may not only represent the interests of their Moreover. The City Council acted favorably on the endorsement. OF HAGONOY 1997 Malonzo case. elected and qualified” shall constitute a quorum. requires the participation of all its session merely to the adoption or updating of the house rules. Court dismissed the petition since the appeal was filed beyond the 30- day period provided in the LGC. April 12. are made precisely to rules. 2005 “Quorum” is defined as that number of members of a body which. The minutes show that the mayor approved the the appropriated amount for the expropriation of the subject lot. . as the Maysilo Estate straddled Caloocan and Malabon. voting upon every question put upon the body. It has the adoption of house rules and the organization of the council. CITY OF MANILA v. Said ordinance appropriated P35. SANDIGANBAYAN January 28. v. 2003 Doctrine: The periods stated in Section 187 of the Local Government Summary: The Sangguniang panlalawigan of compostela valley had its Code are mandatory. SC upheld RTC. An administrative complaint against Malonzo the Sangguniang Bayan during the legislative session et. Thus. was subsequently filed. it must not only . it is essential that the validity validity of the said acts were not met. 2000 November 13. passing matter treated therein being taken up and discussed or passed upon by the assailed ordinance.997. MTDC argued that the Ordinance erroneously and improperly included in its enumeration “Majority.00 for this purpose. January 14. . 975. Ordinance No. 2002 Doctrine: The law does not require the completion of the updating or Summary: The Municipality of Hagonoy enacted an Ordinance adoption of the internal rules of procedure before the Sanggunian could increasing the stall rentals if market vendors. The procedure be taken up during the first day of session. a quorum. an ordinance was passed authorizing the the City Mayor document. The SC sustained the Sandiganbayan. Being its lifeblood.” Section 53 of the LGC is more exacting as it requires that the “majority of all members of the sanggunian . JR. motels and inns such as MTDC’s Victoria greater than half or more than half of any total. The OP found them guilty and were suspended from office. One year after the act on any other matter like the enactment of an ordinance. activities in Ermita Manila. The SC denied. if any. will enable the body to Summary: Malate Tourist Development Corporation petitioned against transact its proper business or that number which makes a lawful body the Ordinance issued by the City of Manila which tries to curtail and gives it power to pass upon a law or ordinance or do any valid act. This request was subsequently endorsed to the Sanggunian Supplemental Budget Doctrine: [Implied] A resolution may not be passed without the subject No. specifically a resolution. On the issue of the However. Prior to his arraignment. collection of revenues by the government is noted. 50 and 52 of the LGC which pertained to repository of what actually transpires in every proceeding. CLT. for while the Posting was validly made in lieu of publication as there was no constitution merely states that “majority of each House shall constitute newspaper of local circulation in the municipality of Hagonoy. MUN. violated Secs. Posting was also validly made in lieu of publication since there was no newspaper of local circulation in the ZAMORA v. means the number of prohibited establishments. “elected and qualified” was meant to allow sanggunians to function even when not all members thereof have been proclaimed. preserve the accuracy of the records. which is the principal LGC that restricts the matters to be taken up during the first regular function and duty of the sanggunian. After subject resolution without the subject matter thereof being taken up or the re-election of Mayor Malonzo. the SC said that the Sandiganbayan was correct in the sanggunian of Caloocan enacted another ordinance which increased relying upon such. The SC nullified the acts primarily because there was no quorum and provision of basic services to its inhabitants are largely derived during the session and that the number of votes required for the from its revenues and collections. Legislation. al. The SC reversed. CABALLERO municipality. motion for reinvestigation which was denied by the Sandiganbayan. 2 by the municipality of Hagonoy to fix and collect public market stall resolutions were passed and the resignation letter of one member was rentals. filed an action for interpleader. repair and renovation of offices of the incoming councilors. the Vice Mayor requested for the passed upon by the Sanggunian during its legislative session.

he has suffered a taking. 456. It must also be evident that no other alternative for the Here. it is an invalid exercise of police power. and to free it from the imputation of constitutional infirmity. When the owner of real property has expressly provided for in Batas Pambansa Blg. WHITE LIGHT CORPORATION v. So. SC ruled that disallowance was proper. SC reversed CA ruling and declared authority to enter into similar contracts. and it is an unreasonable and Summary: VM Vicencio entered into Contracts for Consultancy Services oppressive interference in their business. More importantly. A “regulatory” taking occurs when the the Mayor to issue such resolution. require an interference violation of law or regulations shall be a personal liability of with private rights and the means must be reasonably necessary for the the official or employee found to be directly responsible accomplishment of the purpose and not unduly oppressive of private therefor rights. contracts. to the RTC. unlike that Doctrine: The test of a valid ordinance is well established. COA disallowed disbursement the ordinance as null and void because it needlessly restrains the of funds for the contract. Vicencio’s act of entering into these contracts was accomplishment of the purpose less intrusive of private rights can in violation of the LGC since there was no requisite work. A economically viable use of property in a manner that interferes with Municipality’s power to exercise the right of eminent domain is reasonable expectations for use. exercise the right of eminent domain and institute condemnation proceedings for public use or purpose. there is no inherent authority on the part of the city VM to enter into contracts on behalf of the LGU. VILLAR operators argued that the Ordinance is unconstitutional and void since July 3. to enter into subsequent. grounds (4) must not prohibit but may regulate trade. Note further: Sec. February 20. as distinguished from those of a particular class. The exercise of eminent domain is government’s regulation leaves no reasonable economically viable use within the authority of the municipality. . The issue was brought compensation. CITY OF MANILA January 20. The it can not be used for any reasonable purpose goes beyond regulation Sangguniang Panlalawigan disapproved the Resolution. The and must be recognized as a taking of the property without just Municipality went ahead with the expropriation. A Panlalawigan’s power to declare a municipal resolution invalid is on the “possessory” taking occurs when the government confiscates or sole ground that it is beyond the power of the Sangguniang Bayan or physically occupies property. Petitioners who are motel VICENCIO v. Office of the VM. Eminent name of the common good. Its non-compliance with procedure and requirements of (6) must not be unreasonable. which upheld the municipality’s power to expropriate. ruling that the Sangguniang There are two different types of taking that can be identified. not only must it appear that the interests of the MODAY v. that is. The ordinance granted the previous VM the constitutionality of the Ordinance. Class Notes: Lesson from White Light and City of Manila (2) must not be unfair or oppressive. it must also conform to the following substantive requirements: (1) must not contravene the Constitution or An old ordinance granting the VM to enter into certain contracts cannot any statute. and (6) must not be unreasonable Class Notes: . and 1. . VM operation of the businesses of the petitioners as well as restricting the Vicencio had no authority to enter into such contracts. 2010 it violates the right to privacy and the freedom of movement. to strike down a local legislation. CA reversed the decision of the RTC and affirmed the by the City Sanggu. The CA affirmed. — A local government unit may. (the LGC in force at been called upon to sacrifice all economically beneficial uses in the the time expropriation proceedings were initiated). 103.be within the corporate powers of the local government unit to enact purposes of the measure and the means employed for its and must be passed according to the procedure prescribed by law. to leave his property economically Domain. procedure prescribed by law. Doctrine: Under Sec. The SC also affirmed. must also conform to the following substantive requirements: (1) must not contravene the Constitution or any statute.Sec. It was approved by the Mayor and It is an ordinance which permanently restricts the use of property that transmitted to the Sangguniang Panlalawigan for approval. (3) must not be be construed as a “continuing authority” for any person who enters the partial or discriminatory. (4) must not prohibit but may regulate trade. law 2. RTC declared the Ordinance with three individuals. 1997 require an interference with private rights. the authority of the VM to enter into ordinance to be valid. 7774 prohibits two specific and distinct business practices. one can cite: (5) must be general and consistent with public policy. 337. it accomplishment. Thus. a reasonable relation must exist between the authority . On substantial grounds like constitutionality To successfully invoke the exercise of police power as the rationale for the enactment of the Ordinance. Doctrine: The law grants the Sangguniang Panlalawigan the power to What is crucial in judicial consideration of regulatory takings is that declare a municipal resolution invalid on the sole ground that it is government regulation is a taking if it leaves no reasonable beyond the power of the Sangguniang Bayan or the Mayor to issue. (2) must not be unfair or oppressive. as government funds or uses of government property in distinguished from those of a particular class. YES! Same rule is found in the LGC Summary: Manila City Ordinance No. through its head and acting idle. (5) must be general and consistent with public policy. 9. PD 1445 declares expenditures of It must appear that the interests of the public generally. Local legislation may also be struck down on substantial (3) must not be partial or discriminatory. There is no reasonable relation between the objective and means. Agusan del Sur passed a Resolution authorizing the Municipal Mayor to Initiate a Petition for Expropriation. of the property. LGC. namely wash rate admissions and renting out a room more than twice a day. it must not only be within the corporate powers contracts on behalf of the city is strictly circumscribed by the ordinance of the local government unit to enact and pass according to the granting it. on the basis of an ordinance previously enacted null and void. 2009 Class Notes: Good law? . pursuant to a resolution of its sanggunian. For an provided for the city mayor. rights of their patrons without sufficient justification. but the means adopted must be reasonably necessary for the accomplishment of the purpose and not Summary: The Sangguniang Bayan of the Municipality of Bunawan in unduly oppressive upon individuals. CA public generally. albeit similar.

While he relied on the CLO in good faith. Note also: If the reviewing body does not act on the petition timely (within the period granted by law) Enactment is deemed effective . this does not exculpate him from personal liabilities .

ICC President or CC 1 Decision appealable Pimentel believes that if the DILG Secretary suspends elective local Elective official of a Sangguniang to the Office of the authorities. It may be imposed at ANY TIME when the following Form and Filing of Administrative Complaint (Sec. Forfeiture of salaries. as the case may be. Investigation to commence within 10 days after receipt of Breakdown of Sec. For all other elective officials. etc. or removed Venue of Hearing and Investigation from office: . Suspension President1 HUC (Highly Urbanized City) 3. The LGC . 62) DISCIPLINARY ACTION . 60. or acquisition of. Abuse of authority a. Disloyalty to the Republic hearing and investigation is conducted in the place 2. ICC (Independent Component City) 4. RA 6713 (Code of Conduct) official concerned is given opportunity to prove his 3. 125 IRR adds that an elective local official may be . Unauthorized absence for 15 consecutive working days b. Influence the witnesses or Office of the province. Limitations: offense punishable by at least prision mayor Within 90 days immediately prior to any election: 5. A means taken to insure the proper and impartial conduct of disciplined on such other grounds provided by: investigation 1. If respondent is elective official f province or HUC. misconduct in office. Application for. 61 and 62. Dishonesty. gross 2. May be ordered even before charges as heard. Complaint must be verified 1. or dereliction of duty concerned is located 4. Evidence of guilt is strong 3. Commission of any offense involving moral turpitude or an . After the issues are joined2 2. AFTER disapproval (1) Person answering is the very person who is being . Depends: 1. preventive . Notice of Hearing (Sec. oppression. EXCEPT: in case of members of the various If preventive suspension has been imposed prior to the Sanggunians 90-day period: 7. 1. LGC When may it be imposed? . suspended. Art. 61) conditions are present: 1. LGC: Grounds for Disciplinary Actions – (4) Statements made therein are true to his own knowledge LOCAL ELECTIVE official may be disciplines. LGC: Enforcement of Disapproved Ordinances such answer or Resolutions NOTE: Verified answer means that the answer must contain a Any attempt to enforce any ordinance or resolution approving local statement at the end thereof that: development plan and public investment program. there is great COMPLAINT probability that the continuance of office of the WHERE TO FILE APPEAL? AGAINST respondent could: Elective official of a a. No investigation shall be held 6. see table below: 2. Removal = NOTE that this must be by proper court order CC (Component City) Governor Municipality Mayor Barangay COMPLAINTS AND HEARINGS From Sec. Such other grounds as may be provided by LGC and other laws PREVENTIVE SUSPENSION An elective official may be removed from office on the grounds From Sec. Censure Province 2. HUCC. RPC Who may impose? Preventive suspension may be imposed by: 6. 58. Sufficient ground for the suspension or dismissal of official investigated or employee concerned (2) Answer is prepared by him or at his instance (3) He has read the answer Breakdown of Sec. Within 7 days after the complaint is filed. Culpable violation of the Constitution where he renders office 3. Other applicable general and special laws IF RESPONDENT IS SUSPENDING AUTHORITY Administrative Sanctions AN ELECTIVE OFFICIAL OF 1. RA 3019 5. place where sanggunian negligence. No preventive suspension shall be imposed a. or before 2. the Office of the President or the Sanggunian. Given the gravity of the offense. shall require respondent to submit verified answer GROUNDS FOR DISCIPLINARY ACTION Answer to be filed within 15 days from receipt of order . foreign citizenship or It shall be deemed automatically lifted upon the residence or status of immigrant of another country start of such period 8. For place of filing. he has to do so in behalf of the Office of the President and not municipality Panlalawigan President in his capacity as DILG Secretary Sangguniang 2 “Issues are joined” means that the complaint has been answered and Elective official of a Decision shall be final Panlungsod or Bayan there are no longer any substantial preliminary issue that remains to be barangay and executory concerned threshed out . Admin Code of 1987 innocence 4. 63 LGC enumerated above BY ORDER of the proper court Nature of Preventive Suspension – not a penalty but is merely The enumeration is NOT EXCLUSIVE.

In the event that several administrative cases are filed 1. To confront and cross-examine the witnesses against him 90 days: 3. other NOTE: Decisions of the Office of the President shall be final and than appeal duly filed: executory Duration of such delay shall not be counted in . BUT the parties may appeal the decision to the CA preventive suspension shall be penalized as abuse of authority However. Period of appeal = 30 DAYS from receipt thereof 2. Any single preventive suspension shall NOT exceed 60 days Rights of Respondents 2. he shall be paid full records and other evidence salary or compensation including such emoluments accruing during such suspension Period of Suspension: 1. A 60-day suspension has already been imposed 2. 63(b) . In writing a. Berces v. Respondent shall NOT receive any salary or compensation during the period of suspension 3 NOTE: This is a penalty of SUSPENSION imposed AFTER investigation. meaning no MR is allowed Abuse of Authority – Any abuse of the exercise of the power of . Pose threat to the safety and integrity of the . Guingona on Sec.Upon expiration. 67) 1. BUT the penalty of REMOVAL as a result of administrative investigation shall be considered a BAR to the candidacy of respondent for any elective position ADMINISTRATIVE APPEALS AND EXECUTION PENDING APPEAL From Sec. Copies shall immediately be furnished to respondent and all interested parties Limitations on Penalty of Suspension3 1. Remember the conditions in Sec. the appeal does not stay the execution of the decision See. Full opportunity to appear and defend himself in person or against an elective official: by counsel He CANNOT be preventively suspended for more than 2. Sec. See also the case of Calingin v. 63 does not treat of preventive suspensions anymore . When? Rendered within 30 days after end of investigation 3. 64 and 65 Salary Pending Suspension . CA where the court said that computing the time of termination of the case decisions of the Office of the President are final and executory. IF the delay is due to official’s fault. elective official deemed Component Cities Sangguniang Panlalawigan reinstated in office without prejudice to continuation of proceedings Sangguniang Bayan Sangguniang Panlalawigan Period of proceedings Sangguniang Panlungsod of Office of the President . b. Form of decision 1. Who? Office of President or Sanggunian shall render 4. however. the 90-day suspension limit vis-à-vis 60. Stating clearly and distinctly the facts and reasons for such decision 2. Proceedings shall be terminated within 120 days from the HUCs and ICCs time official was formally notified of the case against him . neglect. 68 RIGHTS OF RESPONDENT From Sec. We are now confronted with the issue of whether we can Decision impose another period of suspension . 66 LGC the issue as follows: Investigation – Shall be terminated within 90 days from the start Premise: thereof 1. Upon exoneration and reinstatement. Where to appeal? See table below FOR DECISIONS OF APPEAL TO Sangguniang Panlungsod of Effect of Expiration of Period . AND documentary evidence in his favor through compulsory b. NOTE: “NO” means No Constraints . To require attendance of witnesses and production of a. On the same grounds existing and known at the process of subpoenas time of the first suspension NOTE: During class discussion. or request. 67 and 68 Appeals in Administrative Cases (Sec. Within a single year. DECISION AND PENALTY day suspension came up as a contentious area. Shall not exceed the unexpired term of respondent 2. Shall not be a bar to the candidacy of respondent so suspended as long as he meets the qualifications required for the office a. Sir gave us his take on From Sec. Shall not exceed a period of 6 months for every administrative offense 3.

Execution Pending Appeal (Sec. Penalties prove his innocence. MELGAR (3) No preliminary investigation shall be conducted February 13. RODRIGUEZ July 23. who may act earlier than the Ombudsman. The RTC granted the TRO. or any government agency duly authorized the Ombudsman has concurrent jurisdiction with other investigative by law to ensure that LGUs act within their agencies of government. (a) If none. the body in which the complaint is filed Answer first. However. CA Procedures on Investigation of Admin Disciplinary Cases set aside such ruling for lack of jurisdiction. SC reversed the CA ruling. limits the (2) Form cases that are cognizable by the Sandiganbayan to public officials (a) Accompanied by affidavits of witnesses or occupying positions corresponding to salary grade 27 and higher. Formal Investigation Mindoro. otherwise known as An powers Act Further Defining the Jurisdiction of the Sandiganbayan. Preventive suspension is allowed so that the (1) Suspension shall not exceed the unexpired term of respondent may not hamper the normal course of the investigation the respondent or a period of 6 months for every through the use of his influence and authority over possible witnesses. In the event appeal results in exoneration He shall be paid his salary and such other emoluments during the pendency of the appeal OFFICE OF THE OMBUDSMAN v. 8249. Complaint: administrative cases. The SC ruled that the court had no transmittal of records jurisdiction to interfere and that the governor was empowered to (2) Decision of disciplining authority shall preventively suspend the mayor. a case was filed in the Ombudsman against . misconduct in office. dishonesty. So. The report of the investigating authority and Governor appealed to the SC. Respondent considered to be under preventive suspension candidacy of the respondent for any elective during pendency of appeal in the event he wins such appeal position . Disciplining Authority: The President. 2010 NOTE: Sec. and on Sept 10 by the Ombudsman. and neglect of duty. Also. Gatmaytan does not agree with this but this is how similar case was filed with the SB of Binalbagan. Rodriguez was served the Court applied Sec. Preventive Suspension – same as LGC rules him arrested and detained in abuse of his position as Mayor in Oriental g. not to d. CA ruled that SB acquired against Local Elective Officials primary jurisdiction over Rodriguez because it served the notice 2 days a. immediately be final and executory upon receipt of a copy thereof by complainant or respondent Doctrine: There is nothing improper in suspending an officer before the (3) MFR shall not stay execution charges against him are heard and before he is given an opportunity to i. Grounds for disciplining – same as LGC shopping applied only to judicial cases or proceedings. 23 (1992) as amended by Admin Order 159 the complaint with the SB to prioritize the Ombudsman case. 66 (1999) – Rules and Ombudsman found Rodriguez guilty of dishonesty and oppression. Decision on the Provincial Governor and alleged that the Provincial Governor (1) Rendered within 30 days after receipt of the committed grave abuse of discretion. On Sept 1. SC ruled that through the Executive Secretary the complaint was first filed with the Ombudsman which opts to take b. unless a flagrant abuse of the exercise of that power is such penalties shall be served successively shown. Disciplining Authority whichever first . Admin Order No. acquires (2) Determination of probable cause within 15 days jurisdiction to the exclusion of other tribunals exercising concurrent from receipt of answer jurisdiction. Guingona which says that Brgy Captain Rolson Rodriguez for abuse of authority. public policy and a becoming regard for the principle of (2) Removal separation of powers demand that the action of said officer or body (a) Must be by order of proper court OR the should be left undisturbed. admin offense The office or body that is invested with the power of removal or (a) If meted by 2 or more penalties for suspension should be the sole judge of the necessity and sufficiency of suspension for 2 or more admin offenses. Mayor Melgar asked the RTC to issue a TRO h. the cause. preliminary conference and formal admin proceedings are commenced ESPIRITU v. RA 6770 – OMB Act (see compilation) that it has no factual basis. 68 with notice of the complaint on Sept 8 by the SB. Appeal SHALL NOT prevent a decision from becoming final other or executory (b) This shall be considered as a bar to the . He filed a motion to dismiss the Ombudsman case on SPECIAL LAWS cited in the Syllabus: ground of forum shopping and motion to dismiss the SB case alleging 1. (1) Who may initiate: (a) Any private individual or Doctrine: The primary jurisdiction of the Ombudsman to investigate any (b) Any government officer or employee act or omission of a public officer or employee applies only in cases (c) Motu proprio by the Office of the President cognizable by the Sandiganbayan. and which opts to take cognizance of the case. Preliminary Investigation In administrative cases involving the concurrent jurisdiction of two or (1) Commenced within 20 days from receipt of more disciplining authorities. 1992 within 90 days immediately prior to any local election Summary: Mayor Melgar allegedly attacked one Ramir Garing and had f. 2003. The complainants subsequently withdraw 2. this phrase is NOT mandatory oppression. (1994) and Admin Order No. Investigating Authority: The DILG Secretary who may cognizance of the case and thus acquires jurisdiction to the exclusion of create an Investigating Committee other courts with concurrent jurisdiction. 2003. Garing filed a complaint and so the Governor placed the (1) Procedural due process observed Mayor under preventive suspension pending investigation of the (2) Hearing conducted by the investigating authority administrative complaint. a Prof. see the case of Berces v. evidence e. 68 says that “An appeal SHALL NOT prevent a decision from becoming final or executory” Summary: On Aug 26. In cases cognizable by regular courts. the rule against forum c. dismiss motu proprio (b) If there is. Republic Act No. 68) acquires jurisdiction to the exclusion of the .

4. (b) when the evidence of guilt is strong. Lapid. municipality (or component city). Sec. 68 clearly says that an appeal SHALL not prevent a order an investigation of the act or conduct of local officials when in his decision from becoming final or executory opinion the good of the public service requires. his petition for certiorari with the CA. the Disciplining before the Sanggu of Pampanga. A. The Sec. He appealed to the was designated as Acting Governor. 67(b) of the LGC which states that appeals from decisions in administrative disciplinary cases under the LGC shall not prevent a Doctrine: Jurisdiction over administrative disciplinary actions against decision from becoming final or executory. power of ensuring that laws are faithfully executed. CA imposed by the Disciplining Authority at any time (a) after the issues dismissed the petition for prematurity (doctrine of exhaustion of are joined. formal investigation and hearing. The President remains the Disciplining Authority. however. FLORES v. the Office of the President may direct or stay the execution of Petition for Review of CA decision before SC Court. Yet the SC said the power to investigate to the DILG or a Special Investigating “Shall” may be read either as mandatory or directory Committee. or that subordinate officers act within the law. Art. EXECUTIVE SECRETARY contradictory to each other. Sec. investigation. as may be constituted by the Disciplining Authority. if the respondent is a elective official of a elective local officials can be decided on the basis of position papers. there is no basis to justify that the construction of And the power of the DILG to investigate administrative complaints is the word as mandatory based on the alter-ego principle or the doctrine of qualified political agency. . a Motion to Conduct Formal Investigation pursuant to the provisions of the LGC and Rule 7 of Administrative Order No. The The Office of the President stayed the execution pursuant to AO 18. who continues to hold office. 63. whether acting Doctrine: We find that the provisions of Section 68 of R. at any time during the pendency of the Conduct Formal Investigation with the DILG was also denied. who may act by himself or constitute an inconsistent and repugnant and the two laws must in fact be read Investigating Committee. however. Lapid who is threat to the safety and integrity of the records and other evidence. He filed a appeal. on recommendation C. Summary: Sangguinang Panlalawigan Board members of Nueva Ecija filed with the Office of the President a letter-complaint charging Edno Joson with grave misconduct and abuse of authority. There is nothing in the LGC and Doctrine: Sec. others. 18 are not irreconcillably Investigating Authority. deprivation of parties to submit their respective memoranda but this is only after the Governor’s duty to take appropriate action. empowered to impose preventive suspension on Flores under Sec. It may be certiorari with the CA before waiting for any action from Gov. GUINGONA directed the Joson to submit an answer but he failed to submit even February 21. 1998 allowing the examination and cross-examination of witnesses.A. 2 and 3 of A. Joson filed a Motion to Lift Order of Office of the President praying for the stay of the execution thereof Preventive Suspension and the order of default. No. No.” Sec. 23. No. could influence the witnesses or pose a Lapid’s action. 23. And upon filing of the answer. Barbers. the Mayor of the Municipality of Tiwi. Secretary. 63. Resort straight to the courts before A. Here.A. is that when an February 23. placing Joson under preventive suspension for 60 days pending investigation of the charges against him. there is ROOM to CONSTRUE said provision as GIVING DISCRETION to the reviewing officials to stay the execution of the The President’s power of general supervision means no more than the appealed decision. It ruled that Flores. by authority of the Sangguniang Panlalawigan of Albay President. may designate a Special Investigating Committee. there is great probability that the respondent. X. Flores wrote a letter to Gov. petition for certiorari with the CA was later dismissed. The SC upheld the decision elective local officials is lodged in 2 authorities: the Disciplining and the interpretation of the law of the Office of the President. Pursuant to Secs. These contradictions are best settled by May 20. Sec. He also filed. Joson then filed a Motion to Dismiss alleging that the complaint was not verified and that the Summary: Achilles Berces filed two administrative cases against Naomi DILG has no jurisdiction over the case in July 1997. He also filed a petition for Preventive suspension is authorized under Sec. among pursuant to Section 67 (b) of the LGC. the Disciplining Authority is the President. Investigating Authority for the DILG Sec. the Disciplining Authority shall issue an order requiring the respondent to submit his verified answer within Summary: An administrative complaint was filed against Mayor Flores 15 days from notice. 23 does not authorize the Investigating Authority to dispense with a hearing especially in cases involving allegations of fact which are not only in contrast but JOSON v.O.O. and (c) given the administrative remedies). 23 delegates . 1987 Constitution. No. Barbers BERCES v. 7160 and by himself or through the Exec. SC affirmed.O. Lapid requesting the veto of the order without filing an MR before the Sanggu. As worded.O. No. of the DILG is the Section 6 of Administrative Order No.O.O. should have waited for Gov. 63 of the LGC. the exclusive together. LGC. Albay with the of Sec. 23 that provide that administrative cases against imposed by the governor. No." his power of general supervision over local governments as provided under Sec. before filing gravity of the offense. Supervision is not incompatible with Class Notes: We are upset by this case discipline. 2005 administrative complaint is filed. This power must be construed to authorize the President to . LGC provides that preventive suspension may be its IRR nor in A. The Sanggu issued on order Authority shall refer the case to the Investigating Authority for recommending to the Governor the preventive suspension of Flores. Torres issued an order. The Motion to which states that “in all cases. Exec. 23. Vice-Governor Tinio The Sanggunian rendered a decision against Corral. Right to a formal investigation of is not satisfied when the complaint is decided on the basis of position papers. 23 states that the Investigating Authority may require the awaiting action of the governor in such a case. 1995 after several extensions granted by the DILG. This is depending upon a consideration of the entire provision not undue delegation. Authority and the Investigating Authority. is in effect. The power of the President over The first sentence of Section 68 merely provides that an "appeal shall administrative disciplinary cases against local officials is derived from not prevent a decision from becoming final or executory. did not err in recommending to the President the preventive suspension of Joson during the investigation but Resolution finding The Office did not construe this provision as being repealed by Section petitioner guilty and imposing the 6-month suspension was invalid. No. in consideration of the fact that it is Gov. He is not. SANGGUNIANG PANLALAWIGAN OF PAMPANGA The procedure under the LGC and A. Corral. SC ruled that DILG the decision/resolution/order appealed from.

It was then that Brgy. Garcia. it can preventively suspend any order was reckoned from finality of court decision. Summary: Public school teachers charged Punong Barangay Ramon Doctrine: Sandiganbayan's jurisdiction extends only to public officials Lacsa with grave threats. the highest ranking SB member. Ganzo put officials of the government and its subdivisions. Moreover. Sorsogon. September 10. it months. is found in the 1973 Constitution as well as in the containers. investigative agencies. invoking . without allowing an answer first. escaped. 2007 from service. The PNP arrested the carwash boys government code. DON v. SANTOS Doctrine: Successive suspension orders are discouraged especially August 21. Chairman Alejandro assailed the jurisdiction and the GARCIA v. The decision is immediately executory but the respondent power to directly impose administrative sanctions. 21 days after receipt of the EO and RES. AGUINALDO v. Any act or omission of a public officer authority before the Sangguniang Bayan of Juban. SC: Simultaneous service is allowed in this case (3rd Congress and the Judiciary). the LGC provided a limit Disqualification case against him in the SC was rendered in Aguinaldo’s as seen in Sec. since his re- ALEJANDRO v. Ramon received a copy of the EO. 1999 The SC ruled that the Ombudsman had concurrent jurisdiction with the Summary: The Ombudsman issued a preventive suspension order for 6 Courts and administrative agencies over the complaint. the authority to Ramon’s position. 337 was repealed owned the carwash. however. instrumentalities and forward the possibility of simultaneous service of the 3rd and 4th agencies (with the exception only of impeachable officers. interfered and as a result. 63 LGC of 1991 and the ‘intriguing’ action of the Secretary in imposing successive suspension orders. The SC disagreed with employees pending an investigation the RTC and held that the SB RESOLUTION No. the SB passed RESOLUTION NO. April 3. An administrative case for grave misconduct was filed against him with the Ombudsman which ordered his dismissal from service. summon witnesses and require the production of documents afforded the opportunity to appeal because of the fact that he received a . members of suspension orders. then it cannot be said that BP Blg. 12. Panlalawigan. its power is not may nevertheless appeal the adverse decision to the OP or to merely recommendatory. OFFICE OF THE OMBUDSMAN FACT-FINDING AND election to office operates as a condonation of the officer's previous INTELLIGENCE BUREAU misconduct to the extent of cutting off the right to remove him therefor. in light of Sec. as opposed to a piecemeal response. pursuant to said Section 15 of RA 6770 reveals the manifest intent of the lawmakers to Resolution. the Sangg. illegally opened a fired hydrant of Manila Water Services Inc. Aguinaldo won again as Governor of Cagayan in the 1992 elections and the decision in the Class Notes: In response to the case of Ganzon. The lawmakers intended to provide the Office of the Ombudsman with sufficient muscle to ensure that it can effectively carry out its mandate GANZON v. against Mayor Garcia in had the power to impose administrative sanctions upon erring public relation to administrative charges pending against him. 8. The Secretary issued a for its application. are not indicative of the appropriate mode of relief from the . among others. Finding grave misconduct. CA as protector of the people against inept and corrupt government 1991 officers and employees. as the case may be. together with the . and abuse of with salary grade 27 and higher. to authority. is possible. overlapped. 1992 when a consolidated response. hold hearings in accordance with its rules of procedure nullified the EO and reinstated Ramon [after saying that he was not . Chairman Alejandro owned a carwash which failed coup. Mayor Guab-Frugata issued EO No. Aguinaldo filed a petition suspensions. Also. 12 on the same day. the carwash boys by the effective of the present Constitution. in light of the LGC policy against unjust successive resolution removing Aguinaldo as Governor. LACSA officers. Summary: Mayor Ganzon of Iloilo City was put in preventive suspension It was given disciplinary authority over all elective and appointive by Secretary Santos due to 10 administrative complaints. MOJICA power of Ombudsman to order his dismissal from service. 63 (see previous discussion on when to apply the 90-day favor. . limit) Doctrine: The rule is that a public official cannot be removed for administrative misconduct committed during a prior term. grave misconduct. in the SC. conduct investigations Ramon filed a certiorari petition before the RTC of Sorsogon. Chairman Alejandro whose son 1987 Constitution. implementing the give the Office of the Ombudsman FULL administrative disciplinary Resolution and installing Florencio. Simultaneou Summary: Governor Aguinaldo was charged administratively for his s service of suspension orders are allowed in cases where the facts call alleged participation in the 1989 coup. place under preventive suspension public officers and copy of both the EO and RES on the same day]. 2013 The foregoing rule. impose the corresponding penalty decision of the Sanggunian concerned. finds no application to criminal cases pending against Aguinaldo for acts he may have committed during the Summary: The son of Brgy. 4 th order reckoned officer under its authority pending an investigation when the case so from issuance of order by the Secretary) insofar that the 2 orders warrants. which provides for the manner of removal of local illegally getting water from the fire hydrant and confiscated the water government officials. Brgy. receive complaints SC RES. The SB occupying a salary grade lower than 27 is within the concurrent passed a RESOLUTION peventively suspending Ramon for 2 months. At the SC. . jurisdiction of the Ombudsman and of the regular courts or other After 2 months. While such petition was pending. This includes. Subsequently. Doctrine: The phrase “final and executory” in Sections 67 and 68 of the and. pursuant to the report by the investigating committee. Said company coordinated with the PNP to conduct an anti-water pilferage Inasmuch as the power and authority of the legislature to enact a local operation against the carwash. LGC. These phrases simply mean that the administrative appeals will not prevent the enforcement of the These powers unmistakably grant the Office of the Ombudsman the decisions. finding Lacsa guilty of the charges and removing him from office. determine the appropriate penalty imposable on erring public officers or employees as warranted by the evidence. the SC ordered Alejandro’s dismissal August 7. oppression. The RTC . 12 and the EO are valid.

it still with the SC. that which investigation. However. Rulings to this effect do not distinguish the precise liability under the LGC. the date of the official's reelection. Hence. was enacted much later than the Admin Code of 1987 known reticence of the people which keep them from complaining against official wrongdoings. 1445 or the State Audit Code of the Phil. Governor. Furthermore. a complaint “in any form or manner” is execution pending such appeal.D. or officer.” In Almonte v. it was general application. dismiss investigations held against them. If. the act committed before the reenactment continues to be a Ombudsman. Upon motion of Bunao. In permitting the filing of complaints “in any form or was specially intended for said case must prevail. It is a principle of statutory construction that held that even unverified and anonymous letters may suffice to start an where there are 2 statutes that apply to a particular case. and to be implemented in his current term. Later. The Office of the Ombudsman is different (On OP decisions) decisions of the OP are final and executory. Likewise. A petition for certiorari and mandamus was filed including his past misconduct. Doctrine: Administrative cases are independent from criminal actions for the same act or omission. and (2) its May 18. delay or Secretary may validly move for its immediate execution. Gov. Vasquez. CA]. government because those subject to its jurisdiction are public officials the appeal does not stay the execution of the decision. Gov. Garcia filed with from the sangguniang panlalawigan. it may not hold Garcia covering two public market stalls. Class Notes: The LGC has penal provisions so we can pursue a criminal case against erring officials. which reversed the ruling of the RTC and ruled that the reelects him. MIRO February 5. 41(1) in relation to Sec. Article XI of the Constitution states that the Ombudsman and his Deputies. TOLEDANO charges.Aguinaldo. Class Notes: This case is a review of procedure. which provision under which Bunao was charged and penalize was reenacted. not on the LGC. since they were committed prior to his reelection. despite the enactment of the new LGC. Filing of MR shall suspend the running of the said period (Admin Code Thereafter. an information misconduct (signing of an unfavorable contract) happened just 4 days for violation of Sec. challenged (1) the Ombudsman’s authority to investigate the PEOPLE v. stated that they wanted to avoid the case of Ganzon v. 67. condoned his past misconduct. Section 12. Two administrative charges for administratively liable by virtue of his reelection. preventive suspension may be imposed only after result in the extinction of criminal liability. however.. and executory only after the lapse of 15 days from the receipt thereof and that the contract is manifestly disadvantageous to the City. except that it must be prior to said date. Sec. it is complaints against Bunao and his subsequent re-election extinguished presumed that it did so with full knowledge of his life and character. Lastly. Zambales and its Committee on Bids Ombudsman may investigate and issue the preventive suspension and Awards. is to prevent partisan politics [citing Senate delibs on LGC. pending against said public under the LGC which may be imposed by the President. It does not cover conducting the preliminary investigation on the ground that there is no decisions on cases where OP has original jurisdiction such as those sufficient complaint. CA Summary: Ombudsman Special Prosecution Officer Jesus Rodrigo July 12. This does not change even if the Both administrative complaints were dismissed. The Therefore. Book VII. he argues that Sec. The joint affidavits of State Auditors Cabreros and Quejada before the OP. crime. the affidavits of State Auditors constitute a valid complaint that is sufficient to support a criminal proceedings. The SC.E. the RTC dismissed the information and held that the dismissal of administrative Doctrine: When the electorate put [the official] back into office. that petitioner Decisions of OP on cases where it has original jurisdiction become final exceeded the authority granted him by the Sangguniang Panlungsod. His subsequent re-election did not affect his timing or period when the misconduct was committed. Calingin filed a case for prohibition before the CA to appropriated to cover the expenditure. Under the LGC. OP decisions are Doctrine: For purposes of initiating a preliminary investigation before immediately executory and the appeal to the CA does not suspend the the Office of the Ombudsman. panlungsod (of HUCs and ICCs). Instead of filing a counter-affidavit. 3. the DILG who. while finding that the Sangguniang Bayan of Sta. when the LGC provides that such suspension may be issued only after issues have been joined. the ruling in the issues are joined and only for a maximum of 60 days. The dismissal of the former does not While under the LGC. armed with such knowledge. shall act Doctrine: (On applicability of LGC over Admin Code) The LGC is a law of promptly on “complaints filed in any form or manner against public special application and must prevail over the Admin Code which is of officials or employees of Government. 2004 Tagaan charged Cebu City Mayor Alvin Garcia with violation of the Anti- Graft and Corrupt Practices Law as a result of his having entered into a Summary: The Office of the President issued a resolution suspending contract with F. Furthermore. 15). (1) Aguinaldo v Santos that forbids the removal from office of a public administrative complaints commenced under the Ombudsman Law are official for administrative misconduct committed during a prior term. Calingin filed his MR three years. The Deputy LGC 1991 which provides that decisions of the OP shall be final and Ombudsman issued an Order requiring Mayor Garcia to submit executory Applies only to decision of the OP on admin cases appealed counter-affidavit. then such reelection is considered a condonation of his dismissal of the administrative liability did not extinguish Bunao’s past misdeeds. his criminal liability. of and his name was withdrawn as complainant in the case. entered into a lease contract with said municipality based on the Ombudsman Law. RA 3019 and RA 6713 were filed against Bunao. the same Mayor. which effectively violation of Sec. as protectors of the people. Calingin of Misamis Oriental for 90 Days. is a constitutional body. 3(h). Chap.” the framers of the Constitution took into account the well. was filed against Bunao before the RTC. Summary: Private respondent Rolando Bunao. and (2) the limited period finds no application to criminal cases. No MR is from the other investigatory and prosecutory agencies of the allowed BUT the parties may appeal the decision to the CA. can quash. 2003 CALINGIN v. LGC manner. sufficient. The SC held that the COA Special Audit Report and involving a Provincial Governor. reckoned from criminal liability either. The SC disagreed and held that the LGC is the applicable law being the law with special application. 221 of BP Blg 337 (old LGC) after the election. . Zuellig for the supply of asphalt batching plant for Gov. Special Prosecution Officer Tagaan resigned from his office 1987. while a member of the and should not exceed 60 days. in violation of Sections 85 and prevent the DILG from executing the suspension order. He alleged that 86 of P. through official pressure and influence. distinct from those initiated under the LGC. Cruz. DILG issued a Memorandum implementing the said alleged that petitioner entered into the contract without available funds resolution. 2000 authority to issue the preventive suspension. GARCIA v. the Supreme Court a petition to prohibit the Ombudsman from and bayan of municipalities within Metro Manila.

malfeasance committed by a public officer in the discharge of his duties. SANDIGANBAYAN June 29. RTC issued a writ of if he had been guilty of any” – refers only to an action for removal from preliminary injunction against Ombudsman. VALENCIA v. December 12. the administrative case against them was dismissed due (Salary Grade of 27 or higher) to their reelection. and provincial Jurisdiction of the Ombudsman administrator of Oriental Mindoro. the Anti-Graft and Corrupt Practices Act. SC reversed saying that OP and Ombudsman now have wrong more atrocious in character than mere misfeasance or concurrent jurisdiction. (b) the evidence of culpability is strong.5M to the injury of the province. thus: Panglungsod member (respondent officials) with the Ombudsman. through a petition filed in RTC. 3019. 2004 THE OMBUDSMAN See Comparative Table of Preventive Suspensions on page 27 Summary: The petitioners in this case are the governor. He could also impose it on all public officials. 1998 Summary: Quirino Congressman Cua filed a complaint before the Ombudsman against Governor Castillo-Co and Provincial Engineer Ringor for buying “reconditioned” instead of “brand new” heavy equipment as required by the resolutions of the Sanguniang . or (d) the continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence. because a crime is a public officials. liability incurred by him during his complaints against the Mayor. The SC further ruled that the dismissal of the admin case does not automatically warrant the dismissal of the crim case because they have HAGAD v. at least insofar as a public officer is concerned. 1995 Doctrine: The re-election of a public official extinguishes only the Summary: Two city councilors filed criminal and administrative administrative. as provided in LGC. The SC agencies of government ruled that the dismissal of the motion to quash was proper. Vice-mayor and Sangguniang previous term of office. 2) the charges should warrant removal from the service or 3) the respondent’s continued stay would prejudice the case filed against him. but not the criminal. During the pendency of the cognizable by the Sandiganbayan criminal case. The petitioners filed a motion to quash with the Sandiganbayan alleging that the crim case should likewise be dismissed Cases cognizable by regular on account of the dismissal of the admin case. members of the Sangguniang Panlalawigan. Read Hagad with the case of Alejandro v. contend that the subsequent must be assumed that they did this with knowledge of his life and enacted of LGC 1991 divested Ombudsman with jurisdiction over them. preventive suspension by the Ombudsman. GOZO-DADOLE different purposes. Class Notes: . It was alleged that the Acts or omissions of a public said public official entered into a contract of loan granting Engr. (c) the gravity of the offense so warrants. which enumerates the grounds for extinction of criminal liability. character and that they disregarded or forgave his faults or misconduct The OP. Respondent The ruling that – “when the people have elected a man to his office it officials. has jurisdiction. In order to justify President who may grant the pardon of a criminal offense. provisions of the Ombudsman Act. the evidence of guilt should be strong and either 1) the charge against the officer or employee should involve dishonesty. does not include reelection to office as one of them. The Ombudsman issued a preventive suspension order. Also. Atienza officer or employee in cases PRIMARY JURISDICTION a loan of 2. This must be the reason why Article 89 of the Revised Penal that it has repealed. they have concurrent jurisdiction. Can one file administrative cases against elective officials with different disciplining authorities simultaneously? We are not sure. While the LGC can only impose on elective local officials at any time after the issues are joined and it would be enough that (a) there is reasonable ground to believe that the respondent has committed the act or acts complained of. But it seems like this is possible Cases do NOT categorically say that the filing with one excludes the filing with others . sided with respondent office and does not apply to a criminal case. They were charged with the violation of Section 3 (e) in relation to Section 3 (g) of Republic Act No. the pertinent Code. vice-governor. oppression or grave misconduct or neglect in the performance of duty. and is injurious not only to a person or group of persons but to the State Doctrine: There is nothing in the Local Government Code to indicate as a whole. OMB-Fact Finding CASTILLO-CO v. BARBERS June 16. The Sandiganbayan Concurrent Jurisdiction courts and other investigative denied the motion so they filed a certiorari case with the SC. under the Constitution. whether expressly or impliedly. it is only the The two provisions however govern differently.

that its issuance seven days after filing of the complaint is not grave abuse of discretion. or appeal to that does not fall under the above SC within 10 days from instances receipt or denial of MR COA REGIONAL OFFICE XIII v. CA June 29. YES! the limits in RA 6770. Lapid filed a TRO before the CA which was granted. The SC used the phrase “ensure compliance” in the Doctrine: A preventive suspension can be decreed on an official under Constitutional provision on the COA as basis investigation after charges are brought and even before the charges are The Court extended this phrase to include the power to heard since the same is not in the nature of a penalty. Suspension of not more than 1 month. that it was in constitutional body not merely functional bust also effective. that the evidence of guilt is strong. Ombudsman Act applies. The violation of their right to due process for being issued hastily. Ranada]. Class Notes: Under the Rules of Procedure of the OMB: Decision has the effect of: 1. rests upon the determination of the disciplining authority. reversed the decisions of the CA that merely relied on the Tapiador doctrine. but merely a dismiss which Sir finds “funny” preliminary step in an administrative investigation. The SC. the DILG immediately executed the ombudsman’s ruling. His office was given teeth to render this have such authority because he is not the Ombudsman. . . The latter found the governor guilty and meted out the penalty of 1 yr suspension without pay pursuant. Doctrine: Lapid was charged administratively before the ombudsman. that the Ombudsman has. that Class Notes: So can the Ombudsman remove officials? all the conditions were met. and reinstated the Ombudsman’s decisions. therefore. all assailing the CA’s decisions in said petitions overturning the Ombudsman’s actions. In ruling upon this issue. it was the intent of the lawmakers to give the Ombudsman the power to remove from government service erring public officials. Absolving charges 2. and thus had no power to dismiss a public official. The one case where the CA’s decision was affirmed was based on the lack of substantial evidence. the SC herein declared that. and that the from government service an erring public official other than a member duration is excessive. Ranada]. as the so-called Tapiador doctrine is a mere obiter. The first requisite for preventive suspension. 2007 Summary: These are five consolidated petitions. But Sir is not satisfied with the legal basis for such power. in view of this disquisition. 2000 Summary: An administrative case was filed against Governor Lapid before the Ombudsman. LAPID v. and that six months of suspension is within . They argued that the Deputy Ombudsman did not recommendatory. the constitutional power to directly remove conditions of the preventive suspension were not met. HINAMPAS & CABANOS August 7. The decisions of the CA in the consolidated was premised on the so-called Tapiador doctrine. The SC ruled that the decision is stayed by the appeal pursuant to the RA 6770. or a fine of not less than 1 month salary Final and enforceable Inclusio unius est exclusion alterius Unless MFR within 5 days All other cases decided by the OMB from receipt. 68 of the LGC applies to administrative decisions rendered by the Office of the President or the appropriate Sanggunian against elective local government officials. The issue before the SC is whether or not the ombudsman’s ruling is immediately executory pending appeal. When the TRO expired. The Court ruled that the Deputy Ombudsman has of Congress and the Judiciary [Estarija v.Panlalawigan. CA]. Sec. with the exception of members of Congress and the Judiciary [Estarija v. Penalty of public censure or Final and Executory reprimand Immediately 3. it cannot be cited as doctrine [Ledesma v. Furthermore. They were preventively suspended for six months by the Doctrine: The powers of the Ombudsman are not merely Deputy Ombudsman. an obiter which declared that the Ombudsman’s powers are recommendatory. the authority to order preventive suspension.

Joint Venture was disqualified but instead of BUNYE v. Sandiganbayan issued a resolution placing Segovia. Urban charged Segovia. Segovia. The Sandiganbayan preventively suspended Sangguniang Bayan . apply LGC and impose 60 March 27. SANDIGANBAYAN a. affecting morality. respectively. Romblon was accused for motion on the ground that the offense of usurpation of authority or violation of RA 3019 Section 3 (e) for confiscating tanguile lumber and official functions under Article 177 of the RPC is not embraced by disposing of the same without prior authority from the DENR and Section 13 of RA 3019. 63 of the LGC applies. RA 3019. An information was charged against them for violation of recommended the filing of a case thus a case was filed with the the Anti-Graft and Corrupt Practices Act.The good of the service and the . claiming that preventive suspension is not mandatory but is subject to Consequently. and Luciano. RA 3019 provides for a mandatory suspension pendente lite Doctrine: Public office is a public trust . under preventive suspension of 90 days. After a preliminary investigation. Any public officer against whom any criminal prosecution degree of morality which every official and employee in the public under a valid information under this Act or under the service must observe. Constitution as it is not a penalty.. Possible remedies: LGC has NO effect (nor did it modify or repeal) RA 3019 1. In all other cases the court separated the application of both case laws . preventive suspension is not violative of the Doctrine: Under Section 13 of the Anti-Graft and Corrupt Practices Law. he shall be commensurate sanction. SC declared that preventive under Sec 13. there are no ifs and buts about it. THE 2ND DIVISION OF THE SANDIGANBAYAN RPC. Inc. The prosecution also filed September 26. their suspension is no longer assailed the suspension. Discretion is given to the court as to the length of the suspension 2. They enacted an ordinance Sandiganbayan. SANDIGANBAYAN LITE July 27. authority in doing so does not constitute a violation of the law and the THE COURTS imposition of the 90 day penalty is wrong for a single offense. suspension was improper since Sec. which he failed to receive during suspension. they were suspended by the Sandiganbayan. The Court upheld the suspension since it is MANDATORY But was it really necessary? One of the defenses raised Summary: The Ombudsman placed Jose C. A bidding was held. . but if he is acquitted. In fact. and that all documents necessary for them. Sandiganbayan. et al vs. All told.. Mariano) Class Notes: . the law merely refers to a suspension PENDENTE MIRANDA v. demand that no court. the period should be 60 NOTE: Sec. integrity and by final judgment. For elective officials. The Ombudsman filed with the Sandiganbayan an Information against Mayor Miranda for violation of Article 177 of the RIOS v. suspension is mandatory and that it is also intended to prevent the accused from committing further acts of malfeasance while in office. Isabela. hearing conducted for that purpose. The Court said that the for local government officials. 1998 days as what happened in Rios (see. 13. Doctrine: Such preventive suspension is mandatory. ESCAREAL awarding the project to Urban it was also disqualified and a failure of September 10. Also. the Anti-Graft and Corrupt Practices Act. Sandiganbayan ruled that it violated public trust. Does RA 3019 provide for a period for the suspension? No. they are no longer suspension since they already admit to doing the acts charged against involved in the awarding of bids. et under which they took over the management of the public market and al. shall be suspended from office. penalizing usurpation of authority. and Urban Consolidated Constructors. however. Act 3019 is mandatory once the validity of the has been made of the validity of the information in a pre-suspension information is determined. Mayor Miranda. et al questioned it rescinded the lease agreement with the cooperative members. Subsequently. The lowest and second lowest bidders were the Joint Venture of INPHASE and T & D. 13 does not provide for the period of suspension days. despite the suspension order insisted on suspension is mandatory performing the functions and duties of Mayor despite Vice Mayor But what happened to the intent of the law behind Navarrro’s requests to desist and in spite of the order of DILG preventive suspensions? Undersecretary Manuel Sanchez directing him to cease from reassuming the position. He alleged that the mere fact that he exceeded his . 2005 . the Court held that the 90-day against him. 1997 motion to suspend Mayor Miranda pendente lite based on Section 13 of RA 3019. (Socrates vs. he shall lose all retirement or gratuity efficiency while holding office should be left without proper and benefits under any law. holding that it was mandatory the investigation were already submitted. 1993 bidding was declared. They the sound discretion of the court. et al were designated as members of the Contracts impose 90 days as what happened in Segovia Committee of NPC for the Mindanao Grid Projects. suspension particularly under the suspension of a public officer is mandatory after a determination Section 13 of Rep. Sec. apply CSC or RAC and Summary: Segovia. It will be unconstitutional if the law is applied strictly where . For non-elective officials. Should he be convicted untoward conduct on his part. Apply other laws (regardless of the nature of the case) SEGOVIA v. Miranda opposed the Summary: Rios. unless in the meantime administrative proceedings have been filed Class Notes: At the end of the decision. mayor of Santiago was that the suspension serves no purpose since the City. if respect and confidence are to be maintained by provisions of the Revised Penal Code on bribery is pending in the Government in the enforcement of the law. all attendant circumstances taken into entitled to reinstatement and to the salaries and benefits account. mayor of San Fernando. Upheld by the SC but See Comparative Table of Preventive Suspensions on page 27 amended penalty to 60 days. under preventive suspension for alleged violations of the issues are NOT factual but purely legal Code of Conduct and Ethical Standards for Public Officials and The Court dismissed such contention and held that the Employees. et al with violation of the Anti Graft and Corrupt Summary: Petitioners are local elective officials of the Municipality of Practices Act. the project was cancelled. The Court upheld the suspension. claiming that there was no need for such necessary because the project was already cancelled. the Ombudsman Munitnlupa. Sir: “INSANE!” the official can be suspended for the whole duration of the . the comments under Rios) b. Miranda.

Mayor Miranda from office for 90 days. The SC agreed with the ruling of 2. Bribery under RPC
the Sandiganbayan on the propriety of the suspension order. 3. Book II, Title VII, RPC
4. Fraud on the government
Doctrine: Under Section 13 of the Anti-Graft and Corrupt Practices Law, 5. Violations involving public funds/property
the suspension of a public officer by the Sandiganbayan is mandatory - Here, the violation was under OEC but the Court held that the
after a determination has been made of the validity of the Information. act also constitutes fraud on the government
Once the information is found to be sufficient in form and substance,
then the Court must issue the order of suspension as a matter of
course. There are no ifs and buts about it. LLORENTE, JR. v. SANDIGANBAYAN
January 19, 2009
The Sandiganbayan properly construed Section 13 of R.A. No. 3019 as
covering two types of offenses: (1) any offense involving fraud on the Summary: While trial of 2 criminal cases against municipal mayor
government; and (2) any offense involving public funds or property. Llorente has not begun before the Sandiganbayan, Congress enacted RA
Nothing limits Section 13 only to acts involving fraud on public funds or 7975, amending Section 4 of Presidential Decree No. 1606. Llorente
property. filed with the Sandiganbayan, a motion to dismiss or transfer Criminal
Case to the RTC of Sindangan, Zamboanga. He averred that the
Also, the difference between suspensions by the Ombudsman and the enactment of RA 7975 divested the Sandiganbayan of its jurisdiction
President, governor and mayor under the LGC are clear. The latter are over criminal cases against municipal mayors for violations of Republic
political personages and so the possibility of extraneous factors Act No. 3019, as amended, who receive salary less than that
influencing their decision to impose preventive suspensions is not corresponding to Grade 27, pursuant to the Index of Occupational
remote. The Ombudsman, on the other hand, is given the independence Services prepared by the DBM. Motion to refer and transfer criminal
of the office which is protected by the Constitution. case were denied. SC affirmed Sandiganbayan stating that it had
jurisdiction.
The two provisions govern differently. In order to justify the preventive
suspension by the Ombudsman, the evidence of guilt should be strong, Doctrine: Sandiganbayan has jurisdiction over violations of Republic Act
and (a) the charge against the officer or employee should involve No. 3019, as amended, against municipal mayors. It is the official’s
dishonestly, oppression or grave misconduct or neglect in the grade that determines his or her salary, not the other way around. To
performance of duty; (b) that the charges should warrant removal from determine whether the official is within the exclusive jurisdiction of the
the service; or (c) the respondent's continued stay in office would Sandiganbayan, therefore, reference should be made to Republic Act
prejudice the case filed against him. No. 6758 and the Index of Occupational Services, Position Titles and
Salary Grades. An official’s grade is not a matter of proof, but a matter of
On the other hand, the LGC requirements for suspension (at any time law which the court must take judicial notice.
after the issues are joined), are that (a) there is reasonable ground to
believe that the respondent has committed the act or acts complained Section 444 (d) of the Local Government Code provides that "the
of, (b) the evidence of culpability is strong, (c) the gravity of the offense municipal mayor shall receive a minimum monthly compensation
so warrants, or (d) the continuance in office of the respondent could corresponding to Salary Grade twenty-seven (27) as prescribed under
influence the witnesses or pose a threat to the safety and integrity of Republic Act No. 6758 and the implementing guidelines issued
the records and other evidence. pursuant thereto." Additionally, both the 1989 and 1997 versions of the
Index of Occupational Services, Position Titles and Salary Grades list the
municipal mayor under Salary Grade 27.Consequently, the cases against
JUAN v. PEOPLE OF THE PHILIPPINES petitioner as municipal mayor for violations of RA 3019, as amended,
January 18, 2000 are within the exclusive jurisdiction of the Sandiganbayan.

Summary: Petitioners are barangay officials of Talipapa, Novaliches. Class Notes:
They were accused of using barangay government-owned property in - So even if one is not a public officer, Sandiganbayan still has
their election campaigns. Private complainants filed a motion for jurisdiction:
removal of said local officials from office. TC directed the suspension of 1. If his co-accused is a public officer
petitioners. CA and SC affirmed. Before the SC, one of petitioners’ 2. If related to his office even if he is not a public officer
arguments was that the RTC did not have jurisdiction to hear the cases anymore
against them. SC rejected this contention and ruled that the RTC had - Which officials fall under Salary Grade 27 and above? As per
jurisdiction. Sec. 443-486:

Doctrine: By virtue of the exception in Sec. 32, BP 129 (“Except in cases In Municipalities Municipal mayor
falling within the exclusive original jurisdiction of the RTCs and of the City Mayor
Sandiganbayan, the MTCs shall exercise….”), the exclusive jurisdiction In Cities Vice mayor
of first-level courts does not cover criminal cases, which, by specific Sangguniang Panlungsod members of HUCs
provisions of the law, fall within the exclusive original jurisdiction of Governor
the RTCs and Sandiganbayan, regardless of the penalty. Provinces Vice governor
Sangguniang Panlalawigan members
Jurisdiction is conferred by the Constitution or Congress. Outside the
cases enumerated in the Constitution, Congress has the plenary power
to define, prescribe, and apportion the jurisdiction of various courts by
ESQUIVEL v. OMBUDSMAN
the creation of a law.
September 17, 2002
Sec. 268, OEC is one such law. Thus, election offenses fall within the
Summary: Policemen Eduardo and Catacutan charged Antonio Prospero
exception in Sec. 32. RTCs have jurisdiction to hear and decide cases for
Esquivel, municipal mayor of Jaen and his brother, Mark Anthony
violation of the OEC.
"Eboy" Esquivel, barangay captain of barangay Apo, Jaen, with:
Alleged illegal arrest, arbitrary detention, maltreatment, attempted
Class Notes: Even if it is not an RA 3019 violation, the suspension
murder, and grave threats before Philippine National Police – Criminal
pendente lite in Sec. 13 may still be applied.
Investigation and Detection Group (PNP-CIDG), in Camp Olivas, San
- RA 3019, Sec. 13 covers:
Fernando, Pampanga.
1. Violations of RA 3019

After the initial investigation, the PNP-CIDG Third Regional Office Doctrine: Under the last paragraph of Sec. 2 of RA 7975, if the position
forwarded the pertinent records to the Office of the Deputy of ONE of the principal accused is classified as SG 27, the SB has original
Ombudsman for Luzon for appropriate action. The Office of the Deputy and exclusive jurisdiction over the offense. In cases where NONE of the
Ombudsman for Luzon conducted a preliminary investigation. The
accused are occupying positions corresponding to SG 27 or higher, as
Deputy Ombudsman for Luzon issued the impugned resolution,
recommending that both Mayor Esquivel and Barangay Captain Mark prescribed in RA 6758, (or military and PNP officers mentioned in Sec.
Anthony "Eboy" Esquivel to be indicted for the crime of less serious 2(a)(1), exclusive jurisdiction thereof shall be vested in the regular
physical injuries, and Mayor Esquivel alone for grave threats. courts.

Thereafter, separate informations docketed as Criminal Case No. 24777 Under RA 8249, the SB has original jurisdiction over crimes or felonies
for less serious physical injuries against Mayor Esquivel and Mark in which the public office is a CONSTITUENT ELEMENT as defined by
Anthony "Eboy" Esquivel, and Criminal Case No. 24778 for grave statute and the relation between the crime and the offense is such that,
threats against Mayor Esquivel, were filed with the Sandiganbayan. in a legal sense, the offense committed cannot exist without the office.
Since the public office of the accused is by statute a constituent element
The brothers Esquivel contest the authority of the Ombudsman to of the crime charged, there is no need to state in the INFO specific
conduct preliminary investigations, and the jurisdiction of the factual allegations of the intimacy between the office and the crime
Sandiganbayan to take congizance of criminal cases filed against the charged, or that the accused committed the crime in the performance of
municipal mayors and barangay captains. his duties.

Doctrine: On the power of the Ombudsman to conduct preliminary SB also has original jurisdiction over offenses or felonies which are
investigations: The Ombudsman is empowered to determine whether INTIMATELY CONNECTED with the public office and are perpetrated by
there exists reasonable ground to believe that a crime has been the public officer or employee while in the performance of his official
committed and that the accused is probably guilty thereof and, functions, through improper or irregular conduct.
thereafter, to file the corresponding information with the appropriate
courts. A public officer who is not in charge of public funds or property by
virtue of her official position, or even a private individual, may be liable
On the jurisdiction of the Sandiganbayan: for malversation or illegal use of public funds or property if such public
In previous cases, the Court has already held that municipal mayors fall officer or private individual conspires with an accountable public
under the original and exclusive jurisdiction of the Sandiganbayan, officer to commit malversation or illegal use of public funds or
being of a salary grade 27. Barangay Captain Mark Anthony Esquivel property.
cannot claim that since he is not a municipal mayor, he is outside the
Sandiganbayan’s jurisdiction.

R.A. 7975, as amended by R.A. No. 8249, provides that it is only in cases INDING v. SANDIGANBAYAN
where "NONE of the accused are occupying positions corresponding to July 14, 2004
salary grade ‘27’ or higher" that "exclusive original jurisdiction shall be
vested in the proper regional trial court, metropolitan trial court, Summary: Ricardo S. Inding is a member of the Sangguniang
municipal trial court, and municipal circuit court, as the case may be, Panlungsod (SP) of Dapitan City. He was charged with violation of
pursuant to their respective jurisdictions as provided in Batas Section 3(e) of RA No. 3019 before the Sandiganbayan. He allegedly
Pambansa Blg. 129, as amended." faked buy bust operations against drug dealers to enable him to
reimbursement for actual expenses incurred during the alleged buy-
Since Barangay Captain Esquivel is the co-accused in Criminal Case No. bust operations. Inding filed a Motion to Dismiss assailing the
24777 of Mayor Esquivel, whose position falls under salary grade 27, jurisdiction of the Sandiganbayan. He insisted that the Sandiganbayan
the Sandiganbayan committed no grave abuse of discretion in assuming has jurisdiction only over officials with salary grade 27 and that as a
jurisdiction over said criminal case, as well as over Criminal Case No. member of the SP, he has only a salary grade of 25. The controversy
24778, involving both of them. was further complicated by the fact that the jurisdiction of the
Sandiganbayan under PD 1606 was amended twice: by RA 7975 and by
RA 8294.

BARRIGA v. SANDIGANBAYAN The SC ruled that the Sandiganbayan had jurisdiction over Inding
April 26, 2005 notwithstanding the fact that he has a salary grade lower than 27.

Summary: The OMB filed before the SB 3 Informations against Carmen, Doctrine: RA 7975 which amended PD 1606, took effect on May 16,
Cebu Municipal Mayor Villamor and Municipal Accountant Barriga for 1995. Subsequently, RA 7975 was amended by RA 8249 which took
malversation and illegal use of public funds. The SB admitted the Infos. effect on February 23, 1997. For purposes of determining which of the
Barriga filed a motion to quash the Infos on the ground that the SC has two laws, RA 7975 or RA 8249, applies in the present case, the
no jurisdiction over the offenses charged. She claimed, among others, reckoning period is the time of the commission of the offense.
that the allegations in the INFOs were not sufficient because it failed to
allege the intimate relations between the crimes charged and the Violation of RA 3019 committed by officials in the executive branch
official duties of her position as municipal accountant. She also claimed with SG 27 or higher, and by the officials specifically enumerated,
that since her position was only classified as Salary Grade 24, the SB has regardless of their salary grades, fall within the original jurisdiction of
no jurisdiction. The SB denied her motion, so she filed a Rule 65 petition the Sandiganbayan.
with the SC. The SC denied her petition and upheld the jurisdiction of
the SB. It said that since the crimes charged were classified as offenses All other public officials below SG 27 shall be under the jurisdiction of
in which public office is a constituent element, it was not necessary to the proper trial courts where none of the principal accused are
allege the intimate relations between the crime charged and the occupying positions corresponding to SG 27 or higher, except for those
position of accused in the INFO. Also, since Barriga was charged IN officials specifically included in Section 4, regardless of their salary
CONSPIRACY with the mayor, whose position as classified as SG 27, grades, over whom the Sandiganbayan has jurisdiction.
then regardless of her being classified as SG 24, the SB has original
jurisdiction over the crimes charged.

RODRIGUEZ v. SANDIGANBAYAN
March 3, 2004
REMOVAL

Summary: Logs ordered by Mayor Rodriguez to be cut without prior
AGUINALDO v. SANTOS
permits were confiscated by a team of law enforcement officers. Some
August 21, 1992
logs were hauled in the RAC compound. Mayor Rodriguez ordered
Barangay Captain Abonita and 2 police officers to forcibly take the logs
Summary: Governor Aguinaldo was charged administratively for his
from the RAC compound. A complaint was filed against Rodriguez and
alleged participation in the 1989 coup. The Secretary issued a
Abonita for Obstruction of Justice under P.D. 1829. Petitioners question
resolution removing Aguinaldo as Governor. Aguinaldo filed a petition
the jurisdiction of the Sandiganbayan to try the case arguing that the
in the SC. While such petition was pending, Aguinaldo won again as
offense charged against them is not in relation to their office.
Governor of Cagayan in the 1992 elections and the decision in the
Disqualification case against him in the SC was rendered in Aguinaldo’s
Doctrine: Montilla v. Hilario, provides that for an offense to be
favor.
committed in relation to the office, the relation between the crime and
the office must be direct and not accidental, in that in the legal sense,
Doctrine: The rule is that a public official cannot be removed for
the offense can not exist without the office. An exception to Montilla, is
administrative misconduct committed during a prior term, since his re-
in People v. Montejo, where the SC held that although public office is not
election to office operates as a condonation of the officer's previous
an element of an offense charged, as long as the offense charged in the
misconduct to the extent of cutting off the right to remove him therefor.
information is intimately connected with the office and is alleged to
The foregoing rule, however, finds no application to criminal cases
have been perpetrated while the accused was in the performance,
pending against Aguinaldo for acts he may have committed during the
though improper or irregular, of his official functions, there being no
failed coup.
personal motive to commit the crime and had the accused would not
have committed it had he not held the aforesaid office, the accused is
Inasmuch as the power and authority of the legislature to enact a local
held to have been indicted for "an offense committed in relation" to his
government code, which provides for the manner of removal of local
office.
government officials, is found in the 1973 Constitution as well as in the
1987 Constitution, then it cannot be said that BP Blg. 337 was repealed
by the effective of the present Constitution.

PABLICO v. VILLPANDO
July 31, 2002

Summary: Pablico, Vice Mayor of San Vicente, Palawan, who took an
oath as Mayor, assails the decision of the CA, nullifying the decisions of
the SP of Palawan and the OP imposing removal upon Villapando,
Mayor, for alleged violation of the Constitution. The SC denied the
petition, ruling that, based on the clear text of the law and the
legislative intent, the power to remove is exclusively vested in the
proper courts.

Doctrine: It is clear from the last paragraph of Section 60, LGC, that the
penalty of dismissal from service upon an erring elective local official
may be decreed only by a court of law. Such power is exclusively vested
in the proper courts (Salalima v. Guingona).

Class Notes: Implications of the case: that remedies other than dismissal
may be imposed by the Disciplining Authority, and if the remedy is
removal one must go to court

Gozo-Dadole. or Pre-suspension hearing need not be an suspension respondent could influence the b. Governor. Coverage Local Elective Officials VII of RPC. or any offense involving fraud who are under investigation upon government or public funds or property Until the case is terminated but RA 3019 does not provide for a period 6-MONTH preventive suspension is A single preventive suspension cannot maximum In Rios v. See Llorente Jr v. Evidence of guilt must be 1. or Upon existence of a valid information justify 3. elective or appointive. in Hagad v. Continued stay in office records and other evidence would prejudice case filed against him Any public official who has been charged with violation of RA 3019. Sandiganbayan in the LGC under specific circumstances. Charge should involve Grounds to 2. COMPARATIVE TABLES OF PREVENTIVE SUSPENSION UNDER THE LGC. AND that respondent has committed 2. 52 Admin Code NOTES: . the SC held that there is nothing in the LGC to indicate that it has repealed the pertinent provisions of the Ombudsman Act Two statutes are not inconsistent nor irreconcilable The Office of the President and the Ombudsman have concurrent jurisdiction in the matter of conducting administrative investigation and the imposition of preventive suspension . the Court used Period of exceed 60 days the 60-day limit for local elective officials Suspension 90-day limit in case of several complaints The Court in Miranda v. The: Mandatory suspension PENDENTE LITE the act/s complained of a. People) the safety and integrity of the c. pleadings may suffice witnesses or pose a threat to removal from service. the Court month suspension held that it must not exceed 90 days as per Sec. oppression. 13 President. Remember. Reasonable ground to believe strong. Continuance in office of the duty. Sandiganbayan. grave misconduct or determined at pre-suspension hearing imposition of or neglect in performance of preventive 4. Title ALL public officials. But in Segovia v. Sandiganbayan for the rule on salary grades in determining jurisdiction of Ombudsman . or (Juan v. AND RA 3019 LOCAL GOVERNMENT CODE OMBUDSMAN ACT (RA 6770) RA 3019 Basis Sec. 63 Sec. Book II. or Mayor Suspending Depending on the position of the The Ombudsman The Sandiganbayan Authority respondent 1. 24 Sec. Gravity of offense so warrants. Evidence of culpability is strong dishonesty. OMBUDSMAN ACT. see page 16 ruled that the 60-days cap in LGC does not apply to the OMB’s authority to impose 6. Charge should warrant actual hearing. Sandiganbayan.

The REGISTERED VOTERS of LGU to which the local elective official subject to such recall belongs Limitations on Recall (Sec. In Evardone v. or barangay official (Sec. The GAA shall include a contingency fund at the disposal of 2. Comelec the candidate receiving the highest number of votes cast . local legislative district. This is the sole ground 2. People’s prerogative to remove a public officer is an incident Confidence in him is affirmed of their sovereign power and in the absence of constitutional He shall continue in office restraint. Of a registered voter in the LGU concerned . 72) . and 4. Ground for Recall: LOSS OF CONFIDENCE (Sec. city or municipality. Brief narration of the reasons and justifications therefor THE RECALL PROCESS See Flowchart on next page NOTE: RA 9244 eliminated the preparatory recall assembly as a mode of instituting recall of elective local government officials . and province to which the petitioners belong 3. 72 – 75 LGC POWER OF RECALL Effectivity of Recall (Sec.000 But in no case shall the required But not more than number of petitioners be less than 300. See Garcia v. For this purpose.000 15.000 25% 20% At least 20. 70 LGC as amended by RA 9244 Expenses incident to Recall Elections .000 petitioners be less than 5.000 15% At least 75.000 But in no case shall the required petitioners be less than 45. Comelec: Defined loss of confidence as “the formal withdrawal by “Next Regular Elections” is defined in Paras v. the Court held that the term “recall” in Sec. Who may be the subject of Recall? Any ELECTIVE provincial. Recall of an elective local official shall be effective only upon Nature of Recall the election and proclamation of a successor in the person of . The barangay. 73) . city. Comelec. Names and addresses of the petitioners written in legible form and their signatures 2. All expenses incident to recall elections shall be borne by the Recall shall be commenced by a PETITION: COMELEC 1. . 73(b) QUESTION refers to the recall election and not to the preliminary proceeding to initiate recall.000 10% Over 300. Contents of the Written Petition (Sec.000 NOTE: Take note of the case of Angobung v. Within 1 year immediately preceding a regular local election . 70(b)) 1. Comelec – One referring an electorate of their trust in a person’s ability to to an election where the office held by the local elective official sought discharge his office previously bestowed on him by the to be recalled will be contested and be filled by the electorate same electorate” SC also said said that loss of confidence is a POLITICAL In Claudio v. If official sought to be recalled receives highest votes: . Name of the official sought to be recalled. So the people can meet and discuss on the possibility of recall municipal. Recall is a mode of removal of a public officer by the people during recall election before the end of his term of office . the power is implied in all governmental operations Prohibition from Resignation (Sec. 74) – NO recall shall take place: 1. Within 1 year from date of the official’s assumption to office. Comelec which declared that the petition cannot be filed by one person only.000 But in no case shall the required But not more than 75. EFFECTIVITY OF RECALL AND LIMITATIONS RECALL From Sec. RA 9244 amended Sec. The elective local official sought to be recalled shall NOT be Who Exercises Recall Power? Sec. 69. 69) or . 70 and 71 of LGC . 70(a)) even within the 1 year ban from date of assumption to office of the official as long as they initiate the recall (by filing the petition) AFTER the 1st year of office INITIATION OF RECALL PROCESS See Sec. Supported by the registered voters in the LGU concerned the COMELEC for the conduct of recall elections subject to the following percentage requirements: VOTING POPULATION MINIMUM PERCENTAGE OF LGU REQUIREMENT Not more than 20. LGC allowed to resign while the recall process is in progress .

.

is a power which shall be exercised by the petitioner’s interpretation of the phrase regular local election to include registered voters of a local government unit. He contends that “recall” as stated deferred because of several oppositions made by Paras. SC ruled that “recall” refers to the actual day of of recall within 1 year immediately preceding a regular election. that the petition was void for it was not in good faith. it remains in force as Doctrine: Sec. A petition signing was scheduled and create the Preparatory Recall Assembly of Pasay City. 1991 March 5. COMELEC November 4. A petition for his recall was filed and the Chairmans. Kagawads. 69(d) 2272 embodying the rules for the conduct of the signing of the petition of the LGC. LGC. Under Sec. Res. it names of at least 25% of the total number of registered voters in promulgated Res. The SC upheld the validity of the recall election. and supervise the process of and election on recall. election is not the “regular election” contemplated in Sec. there would be no more recall the initiation of recall proceedings is not prohibited within elections allowed since the SK elections are to be held every three years the one-year period provided in paragraph (b). 74(b) of RA 7160. 1990. it must refer to an election Constitution. The old LGC was repealed by the LGC of 1991 which official may also be validly initiated upon petition of at least 25% of the took effect on January 1. He argues that the 1987 Constitution should be filed by at least 25% of the registered voters and not just by repealed the old Local Government Code(BP 337). 69(d) LGC provides that recall of any elective municipal of the moment. and in the presence of a representative…. law from which Resolution 2272 was based. COMELEC ANGOBUNG v. and Class Notes: It defined what “election” means under the concept of 3. Evardone filed a petition for approving the same. The Doctrine: Sec. A petition for recall was filed against him. from 1996 (it does not coincide with the elections of other regular local officials). Because §74 speaks of limitations on "recall" which. The Barangay Pula. 59. 74(b) of RA 7160 which prohibits the conduct filing to the election. Evardone now assails the constitutionality of Resolution signed by at least 25% of the registered voters as required by Sec. 2272 as promulgated is valid and WHOSE BEHALF only one person may sign the petition in the constitutional. To sum up. Since the voters the SK election will unduly circumscribe the novel provision of the do not exercise such right except in an election.” THUS. COMELEC candidate against Mayor Angobung. Mayor Angobung attacks the validity of the Resolution the COMELEC field agent on July 15. The SC agreed with Angobung and held that the petition for recall of a local official. In the present in the aforesaid provision refers to all the initiatory acts of recall to the petition. and Sangguniang Kabataan of Pasay convened to COMELEC approved the same. case. Thus. election” contemplated in Sec. of at least 25% of total number of registered voters. 54-59 of BP 337 provides for the mechanism for recall of law is plain and unequivocal! The initiatory recall proceedings must be local elective officials. Comelec recommended the issued a resolution for the conduct of the signing of the petition for the approval of the petition and the Comelec En Banc issued a Resolution recall of Evardone on July 14.30% of the registered voters signed the petition. setting the signing process and scheduling the prohibition. including the initiation of recall proceedings would unduly . there is no one person. SC ruled that the old LGC was not repealed by the 1987 Constitution. To subscribe to according to §69. it must contain the Pursuant to the express grant of rule-making power of the Comelec. EVARDONE v. 2272. Since there is an overlap (considering that elective officials curtail freedom of speech and of assembly guaranteed in the are not elected at the same time). Because the purpose of the first limitation in paragraph (b) is provision of the Code to construe regular local election as one referring to provide voters a sufficient basis for judging an elective to an election where the office held by the local elective official sought local official. 1997 Summary: Evardone was the elected mayor of the Municipality Sulat in Summary: A petition for recall was filed by the losing mayoralty Eastern Samar. Section 74 of the LGC 1996. which is 4 months away from the scheduled recall election refers to the recall election and not to the preliminary proceedings to (January 1996). 1996 May 4. election shall be conducted in the manner and under the rules on while the initiatory recall petition MAY NOT YET contain the signatures special elections. Comelec had the authority to approve the petition for meantime. election. THUS. Hence. 70(b)(2) on contents of the petition requires the presence of signatures . Cabanatuan City. SC issued a TRO dated July 12. Paras cited Sec. 74(b) of RA 7160. 1990. no since there is a new one prescribed by law . Thus. Class Notes: Is Angobung good law? . total number of registered voters in the LGU concerned during the election in which the local official sought to be recalled was elected. where the office held is sought to be recalled to ensure that there is time to file the petition. among others. The SK initiate recall. PARAS v. which is above the that preparations for his recall were laid down prior to the one year 25% requirement provided by law. petitioner insists that the recall election is barred as the Sangguniang Kabataan election was set on the the first Monday of May Doctrine: The term "recall" in paragraph (b). it is clear that Local Government Code. It would be more in keeping with the intent of the recall 2. 1990 which was received by recall election. The signing was conducted on the ground. unless otherwise provided by law or rule of Comelec. COMELEC CLAUDIO v. The recall election was however prohibition stated in Section 74. recall and set the date for signing. Because to construe the limitation in paragraph (b) as Recall. In effect. 1992. 2000 Summary: Petitioner Danilo Paras is the incumbent Punong Barangay of Summary: Jovit Claudio is the Mayor of Pasay City. and final judging is not done until the day of the to be recalled will be contested and be filled by the electorate. any such his representative. it may promulgate necessary rules and regulations. Comelec is authorized to conduct a petition of at least 25% of the total number of registered voters. the term "recall" in paragraph (b) refers to the recall election and not to the preliminary proceedings to initiate recall - Doctrine: The SK election does not fall within the term “regular 1. As to the process. NOTE that the petition must be WITH signatures Basis: Sec. The confusion is understandable since the signing of the petition is statutorily required to be undertaken “before the election registrar or Election Code contains no special provisions on recall. In this recall election. COMELEC December 2. Claudio argued 29.

SC: PRA Resolution 1 is replete with statements which show that the purpose of the assembly was to recall Navarro as Vice Mayor for her official acts as Vice Mayor. AFIADO v. COMELEC September 18. Recall proceedings were instituted against her by Afiado and others. 2000 Summary: Navarro was elected as the Vice-Mayor of Santiago City. Navarro became the new Mayor by the law on succession. Her succession to the office of Mayor renders this proceeding moot and academic. COMELEC. Before the COMELEC acted upon PRA Resolution 1. Doctrine: The vacating of a local official of his old position and the assumption of a new position is a supervening event which renders recall proceedings against him moot and academic when it appears that the recall is intended for said local official in relation to his former position. The Preparatory Recall Assembly which convened for this purpose passed PRA Resolution 1 to this effect. Class Notes: How do you lose confidence in an elective official? By the way he performs his functions and duties .

82(b) requires the positions. Compensation of Local Officials and Employees (Sec. For IRREVOCABLE resignations by sanggunian members: career position. Opportunity for advancement to higher career Implied from the fact that Sec. 73) a. Together with the action taken by the aforesaid Public Notice of Vacancy (Sec. Members determined by the Sanggunian acting upon such resignations c. 76) When will the increase take effect? . Headed by the local chief executive (2) Cases where existing laws prescribe the manner of b. it is characterized by: thereof 1. and personnel officer of LGU as ex-officio members . b. Mayors of CCs Vice-Mayors of CCs COMPENSATION. 78) 1. The resignation must be in writing 2. if any. VACANCIES. posting of notices of vacancy is required a. DILG must be furnished with: FROM the appointing OR recommending authority a. 81) ORGANIZATIONAL STRUCTURE . and 2. 76 to 78 LGC privileges as those enjoyed by appointive local officials . ONLY UPON ACCEPTANCE . Sanggunian also effects increases in compensation Organizational Structure and Staffing Pattern of LGU (Sec. Security of tenure letter . If elective official – effective only after their terms structure and staffing pattern are over Take into consideration (1) service requirements. If appointive – effective as the ordinance provides (2) financial capability . Constitution OF ELECTIVE LOCAL OFFICIALS 2. CSC Rules and Regulations Sec. SUBJECT to minimum standards and guidelines by the CSC Grievance Procedure (Sec. But subject to CSC rules and regulations Responsibility for Human Resources and Development (Sec. Entrance based on merit and fitness to be determined as far as practicable by competitive examination. Limits to the powers of the local chief executive’s power: 1. Every province. The following discussion and notes are some key points in Pimentel’s commentary. Deemed accepted upon presentation before an OPEN In at least 3 conspicuous public places in the LGU session of the sanggunian concerned AND duly entered For a period not less than 15 days in its records 2.Local chief executives of every LGU shall establish a procedure to inquire into. All matters pertinent to human resources and development To be effective. Resignation shall also be deemed accepted if NOT acted upon . or Formalities based on highly technical qualifications. CSC representative. there MUST be acceptance in LGUs shall be governed by the civil service law and such Who accepts? The following authorities: other rules and regulations promulgated pursuant thereto ACCEPTING NOTE: CSC Law and its IRR continue to protect the civil servant even if RESIGNING OFFICIAL AUTHORITY he and his office may be devolved to an LGU Governor Vice-Governor The President Mayors of HUCs and ICCs Vice-Mayors of HUCs and ICCs APPOINTMENTS. 83) . 80) authorities 1. Other pertinent laws When Effective: Applicability of CSC Rules (Sec. 77) . Just browse through the provisions. WHO? The local chief executive of every LGU For office structures and staffing patterns RESIGNATION . Whenever a local chief executive decides to fill a vacant 3. Copies of resignation letters. NOTE: This rule does not apply to: SELECTION BOARD (1) Sanggunian members who are subject to recall Composition: elections or (see Sec. 79) – NO person shall be appointed in concerned the CAREER SERVICE of the LGU if he is related within the 4 th civil Barangay officials City/Municipal Mayor degree of consanguinity or affinity to the appointing or recommending authority 2. act upon. HUMAN RESOURCES & DEVELOPMENT Note: This part of the syllabus focuses more on cases. 82 LGC 3. Elective local officials shall be entitled to the same leave Overview of Sec. and submission to the DILG of copies of the resignation 3. 79 to 83 LGC Vice-Mayors of Municipalities The Sanggunian Sanggunian members Limitation on Appointments (Sec. Every LGU shall design and implement its own organizational 1. city or municipality shall have a PERSONNEL b. resolve or settle NOTE: LGUs can create offices other than those mentioned in the LGC complaints and grievances presented by local government employees . 1. Coverage: 4th civil degree of relationship 2. What is a career service? As defined by the Admin Code of by the authority concerned within 15 days from receipt 1987. GRIEVANCE Mayors of Municipalities Governor Overview of Sec. Determined by the Sanggunian concerned .

85) shall. decision appealable to CSC (1) CSC to decide appeal within 30 days from receipt thereof 4 For example. a mayor may represent the NAPOLCOM in his city or municipality because the law allows him to do so. No local official or employee in the career civil service shall neglect in the performance of duty engage directly or directly in any partisan political activity Conditions 2. Financial and business interests Governed by CIVIL SERVICE LAWS and rules 4. Oath or affirmation to be filed with the office of the local chief Who executive concerned Local Chief Executive suspends? A copy shall be preserved in the individual personnel Any subordinate official or employee under his records file under Coverage authority pending investigation 1. Suspension for not more than 1 year without pay title of any kind from any foreign government without d.When Resignation Not Allowed: Sec. or of delay shall not be counted in computing period of suspension instrumentality. 63 affirmation of office in the prescribed form . If penalty imposed is heavier than suspension for 30 days. emolument. They shall not hold any other office or employment in NOTE: If delay is due to the fault. follow Sec. In case respondent is exonerated.PROCEDURE (Sec. Except as otherwise provided by law. liabilities. 73 Execution Pending Appeal (Sec. Investigation and adjudication of administrative complaints 2. Cases shall be decided within 90 days from time respondent a. No elective or local official shall be eligible for appointment 1. double. 84) 1. double. NOTE: f. he shall be reinstated to his position with all rights and privileges appurtenant thereto from the time he had been deprived thereof ADMINISTRATIVE DISCIPLINE AGAINST APPOINTIVE LOCAL OFFICIALS SECTIONS 91 – 97. Suspended official or employee automatically reinstated in or designation in ANY capacity to any public office or office without prejudice to continuation of proceedings position during his tenure a. 84 . They SHALL conduct hearings on cases against appointive local officials or employees 2. or grave misconduct. Personnel data sheets as required by law . LGC Sec. 73 prohibits local elective officials who are . But they may express their views on current issues or even respondent is guilty of charges which mention names of the candidates would warrant his removal from service Period Not exceeding 60 days Appointment of Elective and Appointive Local Officials Candidates Who Lost in an Election (Sec. 86) (a) Allowed by law4 or 1. NOTE: for elective local officials. a mayor may hold the position of Chairman of a Regional Development Council . neglect. Lists of relatives within the f4th civil degree of consanguinity against appointive local officials and employees as well as or affinity in government service their suspension and removal 3. And otherwise discipline subordinate officials and Pensions and gratuities shall not be considered as employees under his jurisdiction additional. EXCEPTION: Prohibition does not apply to losing is formally notified of the charges candidates in barangay elections Disciplinary Jurisdiction (Sec. be appointed to any office in the executive within 15 days from conclusion of hearings government or any GOCC or in any of their subsidiaries 3. 91). Also. and net worth . Appeals Simple presents from visiting dignitaries are a. 87) Additional or Double Compensation (Sec. All ELECTIVE and APPOINTIVE local officials and employees (Sec. 94) Upon expiration of preventive suspension 1.88 LGC Statement of Assets and Liabilities (Sec. Results of investigations reported to CSC Oath of Office/Affirmation (Sec. Local officials and employees are not authorized to receive executive may impose the penalty of: additional. Submit findings and recommendations to local chief after such election. Fine in an amount not exceeding 6 months’ salary consent of Congress e. Reprimand . agency. upon assumption to office. 92) Preventive Suspension of Appointive Local Officials and Employees . Statements of assets. Partisan Political Activity (Sec. 95) 1. If penalty is suspension without pay for not more than traditionally exempted from this prohibition (Pimentel) 30 days. Demotion in rank . Removal from service UNLESS specifically authorized by law b. or indirect compensation a. 93) oppression. or request of respondent. or . Appeal shall not prevent execution of a decision of removal subject to recall elections from resigning while recall or suspension elections are on the way . or indirect compensations 2.Local government officials and employees are required to file SWORN: Administrative Discipline (Sec. Note that Sec. or GOCC (1) UNLESS: Administrative Investigation. decision is FINAL b. OR if there is reason to believe that the . May be conducted by a person or committee duly authorized (b) Allowed by the primary functions of his by local chief executive position 2. within 1 year a. 88) . No candidate who lost in any election shall. Neither can they accept any present. subscribe to an oath or . office or c. the local chief . time any government or any of its subdivision. If the charge involves dishonesty.

The working days from receipt thereof.. 96) – This section requires that Government. what laws apply? a. saying that the prohibition against approved nepotic appointments does not apply in the case. or of persons exercising immediate preventive suspension. Article 5. etc. Revised Administrative Code. city. or of the chief of designation of the replacement is not a requirement to give effect to the bureau/office. Annual Report (Sec. Textual examination of Sec. Rule XVIII RAC IRR On the contrary. reinstatement. 41 of PD 807 or the Civil favor of a relative (within 3rd degree) of the appointing Service. Section 156. as well as 2. SC reversed. the electorate chose the local elective officials c. Negros was reappointed by the acting mayor. supervision over him. as an alter ego. city. it covers ALL appointments explicitly a. CSC discovered that after rising from the ranks in her 32 years of service in the City the reappointment was in violation of the law against nepotism and . Book V. it covers all appointments in the national. and that Victoria cannot be removed from office without the opportunity to be heard. See also Sec. Chapter 3. therefore. and municipal governments. The Sangguniang Panlugnsod also concurred with her each year on the conditions of the LGU for the period covering the appointment. Third. city and municipal governments … made in Preventive suspension is governed by Sec. Is Macalinag good law? a. Substantially the same as Sec. In the provision. RA 6713 – Code of Conduct and Ethical Standards for Public all subsequent personnel actions undertaken by or in respect of that Officials and Employees. Prohibitory norm against nepotism in public service is in Sec. The Mayor also said that one Agadon. preventive suspension against Roberto Chang. provincial. it will be noted that under the aforesaid law. are hereby prohibited” 2. 97) – every local chief executive shall submit an Victoria was qualified and highly-recommended by the OIC Treasurer of annual report to the sanggunian concerned on or before March 31 of the City. 1994 requirements. The prohibition applies without regard to the actual merits of the proposed appointee and to MACALINAG v. CSC Laws. 1992 prohibition against nepotism in appointments whether original or promotional. (see special laws compilation) employee such as promotion. This is excluded from the devolution due to the February 16. Why are they treated differently from elective local officials? any branch or instrumentality thereof and all GOCCs a. as it is worded. CSC disapproved Victoria’s appointment because . RTC sided with recommending for appointment a relative Chang. least 30 years 3. this was initially disapproved by Occidental. Failure of local chief executive to act on the request within 4 it violated the statutory prohibition against nepotic appointments. and the Local (1) No distinction as to kinds or types Government Code b. RAC suspend the acting municipal treasurer of Makati. YES! They retained the power of the Finance Secretary over the local treasuries CIVIL SERVICE COMMISSION v. CIVIL SERVICE COMMISSION only as temporary appointment because Tinaya is lacking some September 26. on official travel which must be secured before departure Acting on the report. said reappointment was permanent in character. Book V of the Revised Administrative Code was A. a personnel immediately preceding year specialist o the CSC. and barangay for the position. For one. to preventively 59. The CSC approved the appointment but DEBULGADO v. 469-490 LGC – These provisions refer to the cast in comprehensive and unqualified terms and should be construed appointive local officials common to all municipalities. Sec. TINAYA b. a. There were two other employees who were considered APPOINTIVE officials of the province. 6. Summary: Tinaya was appointed by the Mayor as city assessor. The May 6. municipality. It says that “All appointments in the national. 15 days after the approval. cities. Chang The purpose of Section 59 is to take out of the discretion of the contends that EO 392 transferred the power to suspend from the appointing and recommending authority the matter of appointing or Secretary of Finance to the President of the Philippines. Tinaya Summary: Mayor Debulgado of the City of San Carlos. and provinces DOCTRINE: The original appointment of a civil service employee and B. Chang filed a petition for prohibition with writ of preliminary injunction before the RTC. Informed him that the promotional appointment was not covered by the prohibition because it was a promotion and not an appointment. 59. transfer. there is a short list of exceptions which is while appointments are discretionary on the part of the EXCLUSIVE appointing authority (1) Persons employed in a confidential capacity b. the appointment was permanent. When we deal with appointive officials. reemployment. Tinaya married the Mayor’s daughter. or recommending authority. The SC ruled against the Debulgados and said that the Special Laws cited in the Syllabus prohibition in Sec. Second. 59 for the automatic assumption of the assistant municipal treasurer or b. it is within his authority. it shall be deemed Debulgados assailed the disapproval. First. CSC received a letter from the Congressman on secure the permission of their local chief executives whenever they go Victoria’s appointment and ordered a report to be submitted on it. appointed his wife Victoria Debulgado as General Services the CSC but the mayor appealed which resulted in the approval. Class Notes: Here’s a detailed discussion by the SC: Doctrine: Secretary of Finance is an alter ego of the President and 1. After the expiration of the temporary appointment. 59 reveals its comprehensive Class Notes: nature: 1. 2005 sensitive nature of handling with finances. The Officer or head of the Office of General Services of the City of San Carlos. More importantly. In fact substantially identical form and language for at next in rank officer in case of suspension of the municipal treasurer. Title II LGC provides a. appointive officials are expressly (2) Teachers covered by civil service laws (3) Physicians (4) Members of AFP 3.Permission to Leave Station (Sec. must comply with the Implementing Rules. provincial. CHANG the good intentions of the appointing or recommending authority. is not intended by the legislative authority to penalize Summary: Acting secretary of Finance Macalincag issued an order of faithful service.

IX-B. IX-B should not be confused with Sec. a bachelor’s degree in engineering is a post if allowed by law or by the primary functions of his office. He then resigned from exercise of its functions under color of an election or an appointment. during his term without forfeiting his seat . 2077 of the RAC . Due to lack of quorum in the Federation of the Association of Barangay Councils. an intention to abandon and. 13(d) absence of authority in designating Dimaandal to the position of . to be performed in a special manner office Does not entail payment of additional benefits or grant There are two essential elements of abandonment: first. 94 LGC is not determinative of disallowance was premised on. an office may still be deemed relinquished through voluntary abandonment which needs no APPOINTMENT DESIGNATION acceptance. thus running the risk of losing the elective post as well as not being appointed to the other post. second.recalled it. was in appointment or designation of an elective official to the government violation of the law on nepotism. SANGGUNIANG BAYAN OF SAN ANDRES. except as are particularly recognized in the Constitution itself. The Provincial Auditor disallowed such. 1998 Doctrine: Under Sec. the DILG secretary temporarily designated him to De facto officer: one who is in possession of an office in the open the position in the Sangguniang Panlalawigan. another engineer aiming for the clear-cut difference in the wording of the two (2) paragraphs of Sec. may assume office and receive salary for services actually rendered [Cui enabling him to reassume his post. MRs were filed but were denied. to the post he vacated. the Provincial Governor is not authorized to appoint or even Summary: Barangay Captain was elected president of Association of designate a provincial officer in case of absence. The SC affirmed the COA. and. 1999 Executive Officer of the Subic Bay Metropolitan Authority pursuant to Sec 13(d) of RA 7227. The vice president of the ABC was then appointed even though such election or appointment may be irregular. a whom to appoint. . the choice is subject to the caveat that the appointee member of Congress who may be designated ex officio member of the possesses the required qualifications. Pursuant to such. . 1998 be appointed. RTC and CA held that his resignation was not [P]ending approval of said appointment by the President. post. Sangguniang Bayan. the position questioned the appointment of Tabernilla before the CSC. Upon reconsideration. CATANDUANES v. DRILON June 22. although permanent. 94 LGC provides for a contentious provision. in relation to Sec." The regulations difference between the two provisions is significant in the sense that incumbent national legislators lose their elective posts only after they have been appointed to another government office. of the on all appointments and other personnel actions and that such power Constitution where "no Senator or Member of the House of “includes the authority to recall an appointment initially approved in Representatives may hold any other office or employment in the disregard of applicable provisions of the Civil Service law and Government . virtue of an earlier appointment who is to exercise powers The last one is required by reason of Article 238 of the Revised Penal Imposition of new or additional duties and functions of a given Code. The . the COA diallowed the RATA and salary on the same grounds. 1993 MATHAY v. 94 filed a claim for the difference in salary and RATA due for the position LGC permits appointment of local elective official to another post if so he was designated to. The Court ruled that the original appointment was only or by the primary functions of his position. FLORES v. Merely connotes an imposition of additional duties. . . Under the Ordinance which created any elective official to any public office or position during his tenure. the Governor’s constitutionality of Sec. Enriquez. disability or a vacancy Barangay Councils and in line with that position was appointed by the in a provincial office. 94 MAY be struck down but no case yet. 7 of Art. Then he tried to reassume his office with the Sangguniang Bayan. That power resides in the President of the President as member of the Sangguniang Bayan of the Municipality of Philippines or the Secretary [of Finance]. ignores qualification for that position. Petitioners assail the validity of Sec 13(d) for Summary: Mayor Mathay appointed Tabernilla to the newly created being contrary to the constitutional prohibition on the appointment of position of Electrical Engineer V. and (c) an acceptance by the proper authority. e. Sec. the appointee properly accepted by authorities hence it wasn’t a valid resignation. VI. Sir said that Sec.g. San Andres. The Civil Service Commission is empowered to take appropriate action Sec. he Class Notes: Sec. of the Constitution. Summary: Zosimo Dimaandal was designated as Provincial Treasurer for Administration by the Governor of Batnagas. et al. COA incumbent elective officials must first resign their posts before they can June 26. 7. . CA also denied the . the first paragraph appears temporary because the CSC’s approval was necessary to make it to be more stringent by not providing any exception to the rule against permanent while the reappointment. (b) an a person already in public service by authority of an individual act of relinquishment. 471(a) of the LGC . the only qualification for that position is to be a The Court held the subject proviso unconstitutional. But the SC said that Sec. Art. CA January 16. Judicial and Bar Council. under Doctrine: The view that an elective official may be appointed to another CSC Memorandum Circular. the Vice- Doctrine: While the appointing authority has the discretion to choose President. While the second paragraph authorizes CSC revoked the appointment despite being approved initially by the holding of multiple offices by an appointive official when allowed by law regional director. the new position. an overt or "external" act by which the intention is carried into effect. CIVIL SERVICE COMMISSION Summary: Mayor Richard Gordon was appointed as Chairman and Chief August 9. usually by law. the President as head of the economic and planning agency. Professional Electrical Engineer which according to law requires only two years of resident collegiate engineering training. Selection by proper there must be: (a) an intention to relinquish a part of the term. while other DIMAANDAL v. Art. upon To constitute a complete and operative resignation from public office. among other things. only allowed by law or by primary functions of his office allowing the allowances attached to the designated position. who may be appointed Member of the Cabinet. Assistant Provincial Treasurer for Administration and the fact that he was merely designated.. However. SC Reversed. 13. Ortiz] Doctrine: Although a resignation is not complete without an acceptance Class Notes: Note the difference between appointment and designation thereof by the proper authority. v.

The CA the appointments meet these standards. and denied De Rama’s petition. CA affirmed denial. and the appointee’s be recalled by the Civil Service Commission for violation of other assumption of the position in the civil service. 2001 questioned CSC resolution was issued. The petitioner failed to do this. the City Government of Makati City. For QC CSU employees. Civil Service law and regulations. SC reversed stating that he should be given a last full opportunity to prove his contention that Mayor Simon offered respondents temporary contractual the termination of his service was illegal. it is axiomatic that such findings of facts should be this law. Thus. on the solitary ground that they were midnight appointees. the remedy available for petitioner is certiorari brought to the SC within 30 days after the Summary: Fourteen municipal employees were allegedly “midnight receipt of the resolution. and cannot just be recalled without cause.petition for certiorari. when Mayor De Rama questioned CSC resolution had long attained finality. SC upheld the validity of the resolutions revoking DE RAMA v. submission that said personnel officer precisely prevented him from signing the log book .P. alleging for the first time that the appointments suffered some irregularities for failure Doctrine: CSC has the power to determine the qualification standards to comply with CSC rules and regulations. be a basis for establishment of LAMEYRA v. The certification of the personnel executive and cannot be usurped by the city council or sanggunian officer does not constitute substantial evidence that Lameyra did not through enacting ordinances that provide for the “absorption” of report for work from July 6. CA affirmed CSC. 1995 to August 6. SC upheld the assumed office. At the time the February 28. 20 and 35 of the Civil . suspended her from office “until the final disposition of her case. 12. MR was filed alleging that he Sec. CA the appointment of Tabernilla and denying the MRs. Series of 1990. CIVIL SERVICE appointment is a discretionary power and cannot be controlled even by COMMISSION the courts as long as it is properly and not arbitrarily exercised by the February 6. 3. the effects were cushioned by City employees of pursuant to the Memorandum Circular No. could not report for work. and Disaster Coordinating Council are hereby not allowed by the Personnel Officer. mayor to “reinstate” since its power is limited to approving or disapproving an appointment. appointments. Summary: Galzote. The power of the city council is limited to creating. The power of CITY GOVERNMENT OF MAKATI CITY v. and that he has been asked to submit his resignation which he reorganizing city officers and positions supported by local funds. The case was brought to CSC and CSC Doctrine: It is clear that no prior notice is required to drop from the order the Mayor to reappoint the respondents. The SC held that the fourteen employees. MR was denied. a clerk in the City Government of Makati City. created under PD 51. Notwithstanding the initial approval of an appointment. The Sec.” While the trial for her criminal case was ongoing. having for new offices. The refused to do. Anti-Squatting and Surveillance and work at the office of the Vice Mayor Constancio Fernandez. Jr. have acquired a legal must not be lower than those prescribed by the CSC. had not earlier been furnished copy of Mayor’s comment reported for Traffic Management Unit. 2000 CSC issued a memo directing recall and revocation all appointments Summary: Mayor Pangilinan dropped Lameyra from the roll of under PD 51. that he has been replaced by one Leynes in July. except for cause and with previous notice and hearing. consolidating and 1995. Also. the first thing he did was to request their recall from authority of CSC to take appropriate action on all appointments and the CSC. the CSC cannot order the contention that the termination of his service was illegal. 1995 in light of the his specific persons to certain positions. was Even assuming the validity of the Ordinance. already been lawfully and regularly appointed. the same may Doctrine: Upon the issuance of an appointment. when the CSC ruled that the prohibition on midnight appointment initially approved in disregard of applicable provisions of appointments applies only to appointments by the outgoing President. 337 or the old Local Government tasked to weight once more the evidence submitted before the Code. The qualification standards and SC affirmed. the absorption is not detained for more than three years pursuant to a criminal case filed possible since the CSU never legally came into existence. of Justice found that this was never published in the Official Gazette. MATHAY v. but did not appoint respondents. rules and regulations legal (not merely equitable) right which cannot be taken away by revocation of the appointment or removal. was subsequently elected Mayor. So. Section 3 of the Ordinance is invalid for being inconsistent with administrative body. PANGILINAN the CSUs …” June 18. the appointee acquires a existing Civil Service laws. 2002 appointing authority. He should be given a last full opportunity to prove his city council has no power to appoint. which established the 1994 of the Civil Service Commission because of Insubordination and Department of Public Order and Safety (“DPOS”). 1999 It is the CSC that is authorized to recall an appointment initially approved. because of her detention and her failure to file an application for leave of absence under Secs. CA December 15. which local governments have the authority to create. De Rama filed a supplemental pleading before the CSC. only when such appointment and approval Summary: Mayor Simon appointed personnel to positions in Civil are proven to be in disregard of applicable provisions of the civil Service Unit of the local government of QC. the MPO lifted her suspension and removed her from her position on the ground that. It does not have the authority to direct that an appointment of a specific individual be made. Civil Service Units were service law and regulations. other personnel actions which includes the authority to recall an However. it is deemed never “in force or effect and therefore cannot at present. Series of Ordinance No. as he was Enforcement Team. Section 3 provides: AWOL. right to their positions. CSC affirmed the Mayor’s decision. The against her for kidnapping for ransom with physical injuries. Thus. While it is settled doctrine findings of fact of an administrative agency must be respected and this Court should not be Doctrine: The law applicable is B. through its Municipal Personnel Officer (MPO). the appointees” of the former town Mayor. The present personnel of the Civil Security Unit. and even then. but SC rolls an employee who has been continuously absent AWOL at least 30 reversed. Because appointments were invalid ab initio. The CSC held that such did for the various positions in the local government and review whether not constitute new evidence. calendar days. NC-140. to sign his name absorbed into the department of public order and safety established… in log book. The power to appoint rests exclusively with the local chief supported by substantial evidence. Benito Vicencio. Mayor Mathay.

Through Mayor Eusebio’s Memo. July 5." This rule is not inconsistent with the 1987 Administrative Code.Service Commission Rules. further. praying for reinstatement to the Budget Officer position. CSC ruled in favour of Pastor. Instead of filing an MR. she was reassigned to the Office of the Municipal Administrator due to a report that she issued Advice of Allotments w/o sufficient cash collections. With reasonableness as the standard. 2002 Summary: Pastor was the Budget Officer of Pasig. My restatement: The power to discipline employees of the city was Actually. Because of this. They require an employee to apply for an application for leave of absence formalities and all. the CSC is far from being presumptuous when it states that other instances of force majeure (such as the arrest and detention of a civil servant for a crime she did not commit) may excuse the prior filing of an approved leave of absence. she was on absence without approved leave GARCIA v. He filed this present claim for damages alleging general rule requiring application for leave absence: As a general rule. Doctrine: A reassignment that is indefinite and results in a reduction in rank. which authorizes the heads of On the extent of the power of the CSC to interpret: It is hinted that the agencies to discipline subordinate employees. . no investigation re: the charge against her was made. the city mayor of which is the CSC recognized rule of AUTOMATIC LEAVE OF ABSENCE "may cause to be instituted administrative or judicial proceedings under specified circumstances. such power is Doctrine: On how an automatic leave of absence is an exception to the vested with the mayor. the CSC to allow exemptions in the cases of illness only. PASTOR v. Galzote sought recourse in the CSC. However. for the lifting of her suspension During such period. exemptions since none is stated in the CSC rules. This power logically flows from the task of the CSC to regulate civil service in the country as ordained in the Constitution and mandated in the Administrative Code of 1987. these of the City Treasurer to institute disciplinary actions against provisions cannot be interpreted as EXCLUSIVE and referring only to subordinate officers or employees. 52 and 63 require an approved leave of absence to avoid being on neglect of duties. After 3 years. what the CSC interpreted in the instant case were Secs. this grant of power 63 and other related provisions of the CSC rules on the requirement of does not exclude the exercise by other public officials of their power to an approved leave of absence. The CSC Rules do not limit the powers of discipline their subordinates. Likewise. 52. status. for 16 years until he was suspended by the City treasurer for two years. AWOL. she a complaint with the CSC. although it is the only exemption seen in the text of the rules. PAJARO (AWOL). one mode of securing the approval of a leave of absence. against any official or employee of the city. the CA set aside the CSC decision and held that Pasig substantially complied with the CSC Resolution. which and subpoenas were issued but Garcia refused to attend and to honor ordered her immediate reinstatement. criminal or administrative actions against any officers or employees existent provision. The CA affirmed the SC. granted by the LGC to the city mayor. There are other means of seeking and granting an approved leave of absence. 2002 The removal was done without prior notice served on Galzote and Summary: Garcia was employed as a Revenue Collector of Dagupan City without her knowledge. 60. The SC. Upon appeal. the investigation claiming that the City treasurer had no authority to discipline and investigate him because under the LGC. However. CSC held that Pastor’s reassignment was not in compliance with its order because the position was not equivalent to her original position. his salary was withdrawn. Several investigations and for her reinstatement. the old LGC purported automatic leave of absence is a NON-EXISTENT rule in the does not vest in city mayors the sole power to discipline and to institute CSC Rules and hence the CSC has no power to interpret such non. CITY OF PASIG May 9. Pastor was not satisfied and so she asked the CSC for a clarification of its resolution. ruled in her favour and ordered Pasig to reinstate her to the position of Budget Officer. Pasig designated Pastor as head of the Pasig City Hall Annex. before exceeding thirty (30) days of The SC ruled in favor of the City Treasurer Pajaro and upheld the power absence in order to avoid being dropped from the rolls. and salary is in effect a CONSTRUCTIVE REMOVAL from the service. finding that Pastor’s reassignment was indefinite and there was a diminution in rank. After her acquittal and release from detention. Pastor filed a certiorari petition with the SC. Galzote requested the City Government. sleepless nights and mental anguish caused by charging him with Secs. that the CSC has no power to provide for under their jurisdiction. one Doctrine: Under Section 455 (b-1-x) 28 of the 1991 LGC.

PROHIBITED BUSINESS PRACTICE OF PROFESSION AND PECUNIARY INTEREST Sec. the Anti-Graft Law and the LGC. 89 LGC ABSOLUTE PROHIBITION: The following officials are prohibited from practicing their profession or engaging in any occupation other than the It shall be unlawful for ANY local government official or employee. officials. exercise of their functions as local chief executives: DIRECTLY or INDIRECTLY to: 1. HOLD such interests in any: 1. By virtue of legal process at the instance of LGU b. Governors 1. favor of such LGU: or agency of the government is the adverse a. Any local official AND Supreme Court to regulate the practice of law and (2) being an invalid 2. or Code of Ethics of the professions and second elements of the offense charged constitute the offense proved. Other games licensed by LGU a. Special Rules: 2. the LGC is a later dismissal case against City Engineer Divinagracia. prescribes the punishment for violation thereof. Or both. in itself. POSSESS or use any public property of the LGU for private offense committed in relation to his public purposes office c. They simply prescribe rules of conduct of pub . Cockpit or SHALL NOT: b. Persons Liable: circulars are unconstitutional for (1) impairing the authority of the 1. they a. Appear as counsel in ANY civil case 3. ENGAGE in any business transaction with: 2. The DLG . Exception: They cannot do so during SESSION HOURS person or firm B. for representing Javiero and Catapang in an illegal prohibited interest in a general manner. DILG special law that specifically prohibits local officials from possessing August 10. the DLG requiring prior authorization for private employment or practice of profession and prohibiting practice of law adverse to the Class Notes: Penalty for violating this provision? Sec. or property or any A. Municipal Mayors b. City Mayors a. The LGC. Any person/s dealing with him class legislation against officials who are lawyers and doctors. along with Section 90. Appear as counsel in ANY criminal case 4. They may practice their profession EVEN during mode of violating Section 3(h) of the Anti-Graft Law but were convicted official hours of work ONLY on occasions of of the offense proved which is the 2nd mode of violating said provision emergency by applying the variance doctrine which provides that when there is a (1) BUT they cannot derive monetary variance between the offense charged and that proved. engage in other thing of value is too be transferred. which is a JAVELLANA v. For sanggunian members who are also lawyers. and (2) provides 3. Imprisonment for 6 months and 1 day to 6 years. OR circulars. or of the offense charged which is included in the . Neither the statute nor the circulars trenches upon the SC’s power and authority to prescribe rules on the practice of law. Bago City paramount to the Anti-Graft Law. Collect any fee for their appearance in All other prohibitions governing the conduct of national public officers administrative proceedings involving the LGU of relating to prohibited business and pecuniary interest so provided which he is an official under RA 6713 (Code of Conduct for Public Officials and Employees) d. For unpaid taxes. Javellana moved to dismiss on the grounds that the . PURCHASE any real estate or other property forfeited in (1) Wherein LGU or any office. or RELATIVE PROHIBITION: Sanggunian Members attorneys whereby money is paid. out of the resources of the LGU to such 1. which penalizes possession of Sanggunian member.000 profession allowed by law to avoid conflict of interest. 2004 2. ruling that the 1.000 nor more than P10. the accused shall be convicted of the offense proved which is included in Class Notes: What is the penalty for violating this provision? the offense charged. SANDIGANBAYAN December 17. The LGU in which he is an official or employee or 3. Use property and personnel of the government and other laws shall also be applicable to LGU officials and employees. agents. or teach in schools indirectly. at the discretion of the court particular limitations to the practice of law since it is likely to affect public service. or party b. General Rule: They MAY practice their professions. Be a SUREY for any person contracting or doing business (1) Wherein an officer or employee of the with the LGU for which a surety is required national of local government is accused of an 5. The LGC provides no penal sanction offense proved. A fine of not less than P3. The Supreme Court affirmed the dismissal. VIII. 1992 pecuniary interest in a cockpit licensed by the local government unit and which. 514 LGC interest of the LGU. The LGU over which he has the power of supervision c. and the offense compensation therefrom as charged is included in or necessarily includes the offense proved. instrumentality. Sec. LGC (1) validly regulate the practice of 2. Moreover. But there are two laws that punish prohibited interests of public officials. directly or any occupation. Maybe the LGC does not intend to penalize it? Or maybe we can anchor the penalty on some other Doctrine: The SC held that the Variance Doctrine applies since The first statute like the CPR. 5. For sanggunian members who are also DOCTORS OF MEDICINE Summary: Edgar Teves and his wife Teresita were charged with the 1 st a. Doctrine: No violation of Art. 90 LGC Sec. Penalties dismissed. Any of its authorized boards. is Summary: An administrative case was filed against Javellana. based on circulars of law than the Anti-Graft Law. (1) EXCEPT when the sanggunian member concerned is defending the interest of the government TEVES v.

Not only that. they are required to obtain prior permission or authorization from the head of his Department (DILG) as required by civil service regulation (Sec. as admitted by the SJS. 2 of Admin Code is clear and unambiguous. Sec. the presumption is that they are all professions. Rule XVIII Revised Civil Service Rules). declaratory relief. The SC modified the ruling of the IBP and held that it is Sec. Macaraig. it is because of they are excluded from the prohibition. to hold that NPC (or GOCCs for that matter) is not included within the term “instrumentality For a declaratory relief action to prosper. or allowed to practice their profession which stems from the fact that they affect. If RA 7160. SOCIAL JUSTICE SOCIETY v. Since there are prohibitions that apply particularly to lawyer. it must be shown that (1) of the government” is grave abuse of discretion. Jr. Punong issued a certification for the filing of the appropriate action in court. not Sec. Regina Catu and Antonio Catu filed a complaint for ejectment before the MTC of Manila. 90 of engage in occupation. and (4) the issue is ripe for the Sangguniang Bayan shall be presided over by themunicipal Vice judicial determination. of their functions as local chief executives. is a special provision that applies specifically provides that sanggunian members may practice their professions. 2. 90 of RA 7160. Sec. for the proper October 4. on the other hand. Doctrine: Sec. Pampanga Zamboanga Sibugay. (3) the party seeking the relief Atty. area of pub service. SC agreed with NPC and held that NPC is a GOCC which falls television programs for this would give them undue advantage over under the term “instrumentality” in Sec. 90(b). It applies to all provincial and practice of profession by public officials and employees. Declaratory relief cannot thus be availed of. RAMBUYONG petition for declaratory relief against the DILG Secretary. Punong Barangay Rellosa entered his appearance as counsel for the defendants. city and municipal mayors are prohibited from practicing Summary: Alfredo Chu filed a case for collection of sum of money their profession or engaging in any occupation other than the exercise and/or damages against the NPC. THUS. the categorical words of the law and jurisprudence. RELLOSA February 19. Appearing as his counsel was Atty. the provision the instrumentality of government. 90 of RA 7160. additional respondents Lipa City Mayor Vilma Santos. 2010 construction of Sec.offs to avoid conflicts of interest between private practice and public Doctrine: Punong Barangays who are also lawyers are not prohibited office from practicing their profession. interpretation of which is being sought has already been breached by the respondents. 2008 Summary: Social Justice Society. LINA December 18. practice of law is more likely than others to relate to. NPC moved to inhibit Rambuyong on the ground Provincial Governor Lito Lapid. 7(b)(2) of RA 6713 that applies. Suffice it to state that. a registered political party. SJS argues that said respondents cannot appear in movies and of the LGC. 7(b) (2) of RA 6713 does not apply to them because it is only a general law that applies to the private The circular is non-discriminatory. Sec. 90 explicitly 7160. he cannot be a to their constituents.” Thereafter. It is undisputed that NPC is a GOCC to enforce compliance with Sec. 7(b)(2) of RA 6713. SJS impleaded as Rambuyong who was then the incumbent Vice Mayor of Ipil. it is an instrumentality of the government. to the practice of profession by elective local officials. Following appropriate remedy to prevent local chief executives from taking roles Maceda v. Sec. The RTC and SC dismissed the petition for counsel of a party where the adverse party is the government. Elizabeth Catu and Antonio Pastor refused to vacate one of the units in the building co-owned by the complainant. Under Sec. . there was no express mention of Punong Barangays. 12. Given in movies and television shows. Under Sec. The parties failed to arrive at an amicable settlement and Respondent Punong Barangay Vicente Rellosa. Doctrine: A petition for declaratory relief is not an appropriate remedy “Instrumentality” includes GOCCs. are not mandated to serve full time. 90(b) Marquez. which is an requisites. Since Rambuyong was their political opponents and would reduce the time they must devote the Vice Mayor who presides over sanggunian meetings. 90 of RA 7160 and is not an so following Sec. there is a justiciable controversy. 90 of RA municipal officials in professions or occupation. (2) the controversy is between persons whose interests are adverse.03 of the Code of Professional Responsibility in relation to Sec. NPC is a governmental instrumentality. The SC imposed a 6- month suspension on Rellosa. Manila against Elizabeth Diaz- Catu and Antonio Pastor. Said section states that “All governors. Allegedly. 446 LGC. Rambyung cannot appear as counsel for Chu. 90(b)(1) applies – as member of the sanggunian he the trial court. 2008 Summary: Regina Catu and Antonio Catu filed a complaint before the Lupong Tagapamayapa of Barangay 723. Class Notes: So who are the real parties in interest? The constituents! CATU v. and Paranaque City Mayor Joey that he is disqualified from appearing as counsel pursuant to Sec. The IBP recommended a suspension of 1 month for having violated Canon 1 and Rule 6. filed an REPUPLIC v. has a legal interest in the controversy. or teach in schools except during session hours. in the petition filed with Mayor. However. which resulted in the filing of the present administrative case against Rellosa alleging impropriety on his acts as a lawyer and as a public officer when he stood as counsel for the defendants despite having presided over the conciliation proceedings between the litigants as punong barangay.. SJS failed to allege the ultimate facts which satisfy these cannot appear as counsel of a party adverse to the NPC.

associations e. Representative of the teachers’ organizations in the province OSEA v. the appointment results . COA – PROVINCE OF CEBU v. Representative of the non-academic personnel of public January 30. Members who are not government officials or employees shall be entitled to necessary travelling expenses and allowances Chargeable against funds of the board 5 Counterparts of the above named persons make up the membership of the city and municipality school boards . The following discussion and notes are some key points in Pimentel’s commentary. Any of the co-chair may call a meeting reassignment is merely a movement of an employee from one . shall prepare the budget of the imposition of additional duties on an incumbent official. Representative of the Pederasyan ng mga SK in the However. The board shall meet at least once a month or as often as in security of tenure for the person chosen unless he is replaceable at necessary pleasure because of the nature of his office. the school board Section 99 (LGC 1991) applies only to appointments made by the DECS. Malaya’s appointment was without consultation with the local In accordance with DepEd criteria 2. or to reassignments made by 3. Members Doctrine: The salaries and personnel-related benefits of the teachers a. DEVELOPMENT COUNCILS & SPECIAL ECONOMIC ZONES Note: This part of the syllabus focuses more on cases. the expenses incurred by the provincial government for the Sangguniang Panlalawigan college scholarship grants should not be charged against the Special d. 2002 schools in the province Functions Summary: Dr. educational matters 4. SC: Sec. Quorum. city. Provincial treasurer chargeable against the Special Education Fund of the province. Osea opposed this. arguing that Dr. or to reassignments without compensation or remuneration made by the DECS. 99 (LGC 1991). TC ruled that the LGU the expenses were authorized. CSC. and Educational Fund (SEF). CA. President of provincial federation of parents-teachers Education Fund. Recommend changes in the names of public schools within Doctrine: Appointment is the selection. Co-Chairs: grants were not and should be charged in the general funds of the a. operation and maintenance of public schools within the LGU DECS Secretary Gloria designated Dr. Budget When completed. usually with its confirmation. Serve as advisory committee to the sanggunian concerned on the DECS. but against the General Funds of the province of Cebu. Meetings. Malaya as Schools Division and the supplementary local cost Superintendent of Camarines Sur. . It does not apply to appointments by the President. Majority of all members shall constitute quorum organizational unit to another in the same department or agency which does not involve a reduction in rank. status or salary and does not . Governor and province. 98-101 LGC Summary: COA conducted an audit in the Province of Cebu and found that the compensation and personal benefits of public school teachers School Boards under the extension classes were charged under the Special . Chair of the education committee of the Sangguniang appointed by the provincial school board of Cebu in connection with the Panlalawigan establishment and maintenance of extension classes are declared b. 2001 Sec. as the case may be. Determine the annual supplementary budget needs for the Division Superintendent without any specific division. PROVINCE OF CEBU LOCAL SCHOOL BOARDS November 2. Authorize treasurer to disburse funds from the Special school boards. LOCAL BOARDS. Co-chairmen and members shall perform their duties It does not apply to appointments by the President. Malaya was appointed by President Ramos as Schools 1. by the authority vested with the territorial jurisdiction power. SC modified TC ruling declaring that while the compensation of public teachers under the extension classes Co-Chair and Membership (in Provinces5) were allowed to be charged under the SEF. of an individual who is to exercise the functions of a given office. MALAYA f. Compensation . b. city superintendent. c. The division superintendent. A designation connotes merely supervisor. 99 Education Fund pursuant to the budget prepared (LGC 1991) applies only to appointments made by the DECS. They DO NOT have personality separate and distinct from The province of Cebu filed a declaratory relief with the TC. a . It was also found that college scholarship municipality grants were charged on the same funds. or district require the issuance of an appointment. the college scholarship 1. Subsequently. Division Superintendent of Schools of the Province 2. COA suspended the province. Dr. School boards have been created for every province. On the other hand. . in violation of Sec. Just browse through the provisions.

Advising local health agencies on health personnel selection Representatives of NGOs in the NGOs in the and promotion and other matters related to basic health NGOs in the barangay province who shall city/municipality delivery services who shall constitute constitute not less who shall constitute not less than ¼ of than ¼ of members not less than ¼ of Meetings and Quorum members of the fully of the fully members of the fully . Local incentives Compensation and Remuneration c. LGC provides for the creation of a local health board for . (2) HUC. LDC shall meet at least once every 6 months or as often as temporarily assume direct supervision and control. medium and annual socioeconomic . efforts the DOH Sec. PRIMARY DUTY: Initiate comprehensive multisectoral Membership development plan for the LGU concerned 1. Formulate: proposed or considered a. City and Municipal LDC meetings where budgetary proposals are being 1. Epidemics behalf of the LDC when the latter is not meeting 2. Pestilence The Executive Committee shall also serve as the Local 3. Annual public investment programs c. evaluate implementation of remuneration development programs and projects . programs. Representative from private sector or NGO involved in Local Chief Executive as Chairman health services All mayors of c. Prioritize socioeconomic development programs a . RA 7368 (see Special Law compilation) NOTE: But in no case shall the control be for a period of more than 6 months (but this is extendible if the LGU Relation to Sanggunian and Regional Development Council concerned concurs) . Chair of Committee on Health in the sanggunian Provincial LDC City/Municipal LDC Barangay LDC b. Provincial. Perform such other functions as may be provided by shall be entitled to necessary travelling expenses and law or by competent authority allowances . and projects prepared by the LDCs do not automatically acquire force of law They must be submitted to the sanggunian concerned which enacts the corresponding ordinance . may . Other members: a. With the devolution of power to deliver basic health services. As for the Barangay LDC Chargeable against funds of the board Basically the same as the other LDCs But it has one SPECIFIC power specially granted to it: to Limited Power of DOH Secretary over LGUs mobilize people’s participation in local development . 111 represents and acts in 1. Long term. 106-115 LGC Local Health Boards Local Development Councils for ALL LGUs 6 . the said plans. city. Other widespread health dangers Countrywide Industrialization Board by virtue of Sec. in the following instances. upon necessary direction of President: . If adopted by the sanggunian. Advising on health matters as a committee to the sanggunian Representatives of Representatives of 3. or municipal health officer as Vice Chair Composition of the LDC 3. Governor or mayor as Chair 2. programs. The Executive Committee in Sec. city and municipality province. Affirmative vote of all the majority of members shall be plans and policies necessary to approve such proposals b. Plans. LGC establishes a local development council (LDC) for every every province. 6. Proposing annual budget for the LGU for the operation and Chair of committee on appropriations of the Barangay maintenance of its health facilities and services in sanggunian accordance with the standards and criteria of the DOH Congressman or his representatives 2. Majority of members of the board shall constitute a quorum Functions NOTE: Chair or Vice-Chair MUST be present during . LOCAL HEALTH BOARDS LOCAL DEVELOPMENT COUNCILS Sec. For Provincial. or (3) ICC shall be submitted to the Regional Development Council (RDC) which integrates them into the regional development plans submitted to NEDA 6 Note that the barangays do not have Local School and Health Boards but ALL LGUs have a Local Development Council . Note also that approved development plans of a (1) province. HOWEVER. Board shall meet at least once a month or as often as organized council organized council organized council necessary . Representative of the DOH in the LGU concerned All punong barangays component cities in the and municipalities Members of Functions city/municipality concerned Sangguniang 1. monitor. 102-105 LGC Sec. Members shall perform their duties without compensation or d. municipality. and projects may be integrated with the development plans of the next higher LDC . city. the DOH Sec. Coordinate. Members who are not government officials or employees e. no longer has authority to supervise and control health operations of LGUs Meetings and Quorum . and barangay .

Sangguniang their basic autonomy and identity Sanggunian. Information Officer 5. Health Officer 3. 44 – Relationship with the LGUs Members: Members: (1) The LGUs comprising the EcoZone shall retain 1. DSWD Officer by its members (3) Municipalities shall operate and function in 3. 117 LGC – Establishment by law of autonomous special economic . and the operation of Civilian Volunteer Self-Defense Organizations and such other counter-insurgency programs and activities 3. Representatives of the 1995 – See Special Laws compilation government office or central government agency in the office or agency in the province who are city/municipality who appointed by their are appointed by their respective heads respective heads Functions 1. Perform all other functions assigned by law to the peace and order council Regional Peace and Order Council . RA 7916. The Zamboanga City Special Economic Zone Act of the central 5. In between the LPOC and the national council. LOCAL PEACE AND ORDER COUNCILS AUTONOMOUS SPECIAL Sec. Representative of the 1. chosen Panlungsod or Bayan (2) Cities shall be governed by their respective by its members representative. 117 LGC and Special Laws . RA 7903. city. Formulate plans and recommend such measures to improve or enhance the peace and order and public safety in their respective areas 2. Sec. Performs essentially the same functions as the LPOC . there is another council called the Regional Peace and Order Council . chosen charters 2. city. Monitor the implementation of peace and order programs and projects in the provincial. DSWD Officer accordance with LGC 4. and municipality a local peace and order council Sec. The Special Economic Zone Act of 1995 Governor as Chair Mayor as Chair a. 116 LGC ECONOMIC ZONES The Local Peace and Order Councils (LPOC) Sec. Information Officer 2. Composition and functions are prescribed by EO 309 zones in selected areas of the country shall be subject to CONCURRENCE by the LGUs included therein Composition of LPOC (following EO 309) Special Laws cited in the Syllabus PROVINCIAL LPOC CITY/MUNICIPAL LPOC 1. Make periodic assessments of the prevailing peace and order situation and submit a report with recommendations to the chair of the national peace and order council 4. or municipal levels. Representatives of 4. Health Officer 2. LGC establishes in every province.

Urbanized City/s City/s sanggunians of the maintained parties 5. Component City Component City To the sanggunians shall issue a certification to this effect of the provinces e. 118-119 LGC 2. 118(c) and Sec. The COMELEC ruled in favor of Cainta and suspended one of the plebiscites but dismissed the petition with respect to the other barangay for being moot because the plebiscite was already held. other NGAs concerned v. Party may appeal to the proper RTC following ROC JOINT referral to the (1) RTC to decide within 1 year from filing Highly Highly Urbanized respective 4. Panlungsod or b. Boundary disputes between or among LGUs shall be settled amicably Sec. etc. LGC) Jurisdictional Responsibility for Settlement of Boundary Disputes 3. 1999 PROCEDURE (Sec. OTHER PROVISIONS APPLICABLE TO LOCAL GOVERNMENT UNITS Implementing Rules and Regulation (Art. Art. 119) Summary: The City Council of Pasig passed two ordinances creating two barangays. For boundary disputes between 2 or more LGUs that do not fall under any of the categories in Sec. Adverse party answers within 15 working days Of the SAME city or municipality Bayan concerned c. . COMELEC us that prior referral to Sanggunian is not required September 10. Municipality/s Sangguniang (1) When 2 or more sanggunians jointly hear a case. 118. following: with the sanggunian having jurisdiction over the dispute BOUNDARY DISPUTE (1) State the grounds and reasons therefor. Municipality City sanggunians of the within 15 days from promulgation parties f. Within 60 days from date of certification. Two separate plebiscites for the creation of the two barangays were scheduled on two different dates. Pasig argues both cases are civil so prejudicial question does not apply. jurisprudence tell PASIG v. 118. Barangay/s v. Panlalawigan they may sit en banc or designate their Of the SAME province concerned representatives Municipality or Municipality or JOINT referral d. Art. 19 – DILG shall be the official custodian of copies of all documents on boundary disputes of LGUs NOTE: The table above reflects the cases enumerated in Sec. 15 – 19) SETTLEMENT OF BOUNDARY DISPUTES 1. AS MUCH a. Barangay/s Sangguniang maps. According to the Municipality of Cainta. File a petition initiated by the sanggunian concerned AS POSSIBLE. Local Component City/ Highly Urbanized respective Assessor. Art. sanggunian v. Art. The Municipality of Cainta called the attention o the COMELEC to a pending case before the RTC of Antipolo for settlement of boundary dispute. 16 – Jurisdictional responsibility (same with Sec. Hearing within 5 days after receipt of answer Municipality/s v. It is also fare more prudent to hold in abeyance the conduct of plebiscite pending final determination of the civil case considering the expenses involved. NSO. Art. Doctrine: The civil case involving the boundary dispute is a prejudicial question which must first be decided before plebiscites for the creation of the proposed barangays may be held. COMELEC. the proposed barangays encroached upon areas within its own jurisdiction/territory while the City of Pasig claims these areas as part of its jurisdiction/territory. 18 – Pending final resolution of the dispute. the dispute Of DIFFERENT provinces concerned shall be formally tried by the sanggunian concerned JOINT referral to the (1) Copies of decision furnished to DILG. be settled amicably. 15 – Declaration of Policy. 17 – Procedures . Boundary disputes between and among LGUs shall. 118 LGC . If there is failure to amicable settlement. statute creating the LGU. status quo is v. The Supreme Court ruled in favor of the Municipality of Cainta and upheld the validity of the suspension ordered by the COMELEC. But SC held that it can very well suspend action in one case pending the final outcome of another case closely interrelated or linked to the first. The Municipality of Cainta moved to suspend or cancel the respective plebiscites scheduled by filing a petition with the COMELEC. attach REFER TO BETWEEN OR AMONG pertinent documents like technical descriptions.

MADRONA initiative for as long as these are within the competence of the April 30. registered voters of a local government unit may directly propose. Based on the LGC provision. provincial. The RTC thus had jurisdiction based according to Pimentel. and the dispute shall be formally tried by the provincial. A marker was placed to designate the new IN GENERAL boundary. The City of Ormoc filed a civil RA 6735 – An Act Providing for a System of Initiative and Referendum case before the RTC of Ormoc City to settle the dispute. or barangay law and Ormoc. municipal. Only upon failure of ordinance these intermediary steps will resort to the RTC follow.Legal process whereby the registered voters of Doctrine: Settlement of boundary disputes not covered by Sec. Include a system of initiative on local legislation that would of jurisdiction over the subject matter because Sec. parties. or reject any ordinance the LGC is governed by general rules governing jurisdiction found in BP enacted by the Sanggunian. all the attendant legal issues have been resolved with finality. PROVINCE OF CAMARINES NORTE v. That amendment or repeal of an ordinance or resolution in the decision of this Court constitutes res adjudicata in respect of all offices absence of positive action of the sanggunian and agencies of the Executive Department. The RTC dismissed the case amendments to it approve or reject an for lack of jurisdiction to determine boundary disputes. SC sided with Local Initiative – Local initiative is the legal process whereby the Camarines Norte. city. enacted by issued to that effect. or bodies Regulations Implementing the LGC shall govern. PROVINCE OF QUEZON October 11. and now that Makati is a city. as specifically Indirect initiative – exercise of provided in Section 119 of the LGC. initiative by the people through a proposition sent to Congress or local legislative body for action . ordinance. Referendum on that Fort Bonifacio is within its territory and not Makati’s. city. governs as the boundary dispute is between Kananga. Camarines Norte went to court asking that the Quezon officials be held in contempt. The following tables are taken from the discussion in SBMA v. Referendum on local Doctrine: Now that Makati is already a highly urbanized city. or part that following the LGC. 120-127 and 398 LGC Quezon. 118 of the LGC allow petitions proposing the enactment of a regional. refers to DIRECT initiative. Rule III of the Rules and law. In the event that no amicable settlement is reached. the power of local initiative and over all cases not within the exclusive jurisdiction of any court. SC issued a resolution resolving with finality the dispute in favor of Camarines Norte. an independent chartered city. Sec. Power of the people to propose the RTC has original and exclusive jurisdiction. as to a petition proposing resolution. covered by the said LGC provision. . passed by an appellate jurisdiction over the matter. a municipality. 118 of the LGC is through their elected representatives in the national not applicable in this case because it is a dispute between a legislature or local councils municipality and an independent component city –a situation not NOTE! LGC speaks of LOCAL INITIATIVE which. Garcia v. 19 of BP 129 that gives it the exclusive and original jurisdiction Furthermore. The . Initiative on the Classes of referendum: RTC for the judicial declaration of its territorial boundaries claiming Constitution which 1. or amend any ordinance Doctrine: Everyone is bound by the said final decision of this Court and . When it filed refers to a petition statutes which refers the petition. Local Referendum . or barangay and local legislative aforementioned certification. regional assemblies Sanggunian concerned within sixty (60) days from the date of the municipal. The SC held that Sec. COMELEC Since there is no law providing for exclusive jurisdiction of any court or Distinction as found in RA 6735 agency over the settlement of boundary disputes between a INITIATIVE REFERENDUM municipality and an independent component city of the same province. 2003 sanggunian to enact . It recognizes the right of “any duly accredited people’s the boundary must be settled amicably. Initiative on local petition to approve or settle this dispute by joint referral to the respective sanggunians of the legislation which refers reject a law. 2009 the purpose called for that purpose Systems of initiative: Summary: The municipality of Pateros filed a petition before the Makati 1. referendum is vested in ALL registered voters person or body. The SC ruled 2. The initiative discussed here is the DIRECT initiative where that the boundary dispute there resolved is no longer a dispute and that the voters start the legislative process for the enactment. Subject Matter – All sorts of measures may be the subject of direct MUNICIPALITY OF KANANA v. 129. Power of the electorate to amendments to the constitution approve or reject a legislation or to propose and enact MUNICIPALITY OF PATEROS v. on Sec. a certification shall be to enact a regional. In this regard. 118 of the LGC has been the [appropriate] legislative bodies” substantially complied with. resolution. Enacted before the LGC Municipality of Kananga filed a Motion to Dismiss on the ground of lack . The RTC denied the MTD and organization to file a petition for INDIRECT INITIATIVE with ruled that it had jurisdiction under BP 129. 118 of the local government unit may approve. enact. or envisioned under Section 118(e) of the LGC. petition proposing to Congresss enact a national 2. the RTC only has which refers to a thereof. 120 mentions of ordinance only Kananga and the City of Ormoc. Initiative on statutes act or law. amend. Quezon removed the marker. CA through an election called for legislations through an election June 16. 2001 LOCAL INITIATIVE AND REFERENDUM Summary: There was a boundary dispute between Camarines Norte and Sec. Makati was still a municipality but the bill converting it to a proposing to a petition to city was already pending before the Senate. Their repective Sanggunians tried to reach an amicable settlement but failed. Comelec – Resolutions are proper subjects of Summary: There was a boundary dispute between the Municipality of initiative even if Sec. and that the LGC provision is on venue It is INDIRECT because the people course their action which the parties could waive. tribunal. the parties legislation law which refers to a should follow Section 118(d) of the LGC and should opt to amicably 3.

or amendment of an NOTE: Although initiative can only be exercised once a year. He believes that his not local referendum interpretation is correct. or months PLUS 3 years duly enacted or approved by 2. sanggunian ADOPTS IN TOTO the proposition presented and the local chief executive approves the same. or Qualified Protection such law-making body modify one already provincial initiative To change. the voters will simply More complex than referendum write either yes or no Who May Exercise Initiative and Referendum? ALL REGISTERED VOTERS of the provinces. or modify the approved initiative) either because: proposition) The law-making body submits to 1. Once a resolution. 124) initiative with notice to control and direction of the the legislative body Comelec concerned . ¾ of all the members of existing From the end of the 1st 6 the sanggunian is needed Sec. phrasing of Sec. No SC ruling yet. (Counted from approval in Resorted to by the people directly amend. the ordinance (or resolution). See table on the next page 8 This table is based on Pimentel’s discussion. repeal. of petitioners depending on LGU (same with RA 6735) 1.000 registered voters for provinces and cities LIMITATIONS on the Sanggunian (Sec. initiative shall be CANCELLED However. local legislative months PLUS 12 months body is given the opportunity to In case of barangay initiative enact the proposal After 3 years and 6 months . if they so desire. Distinction made by the Court in SBMA VOTE REQUIRED PERIOD STATUS8 INITIATIVE REFERENDUM (For the sanggunian to repeal. city. At least 1. or act that From the end of the 1st 6 ordinance or resolution which is they desire. 124) 1. those AGAINST such action may. The law-making body the registered voters of its From day 1 to 6 months from Absolute Protection fails or refuses to enact territorial jurisdiction. . If proponents manage to collect the number of signed conformities within period granted by statute. ordinance. 125) 2. ordinance. any resolution. or provincial initiative from presentation. He comments that the 7 NOTE: The limitations in Sec. 125 is incorrect and vague. At least 100 registered voters in case of municipalities . and barangays LIMITATIONS ON LOCAL INITIATIVES7 LIMITATIONS on Local Initiatives (Sec. In proposing the enactment. municipalities. Comelec shall set a date for the initiative (not referendum) Entirely the work of the Begun and consented to by the electorate law-making body This is a process of law-making by This is merely the electorate the people themselves without approving or rejecting what has participation and against the been drawn up or enacted by a wishes of their elected legislative body representatives Here. approval or rejection. 13. RA 6735. Local initiative shall not be exercised more than once a year 2. cities. 124 and 125 apply to LOCAL INITIATIVES. the LGC requires a certain number petition may contain more than one subject matter. The usual simple majority is After 1 year and 6 months from proponents through needed adoption of a barangay their duly-authorized initiative and registered representatives may This referendum shall be invoke their power of conducted also under the PROCEDURE ON LOCAL INITIATIVES (Sec. Initiative shall extend only to subjects or matters which are within the legal powers of the sanggunians to enact 3. apply for initiative STEP 1: THE PETITION . or proposition is approved by 3. do so within 30 days No More Protection city. If it refuses/neglects to from adoption of a municipal. At least 50 registered voters in case of barangays the exercise of the LGU of local initiative. for adoption Sanggunian can’t change anything the law. They want to amend or In case of municipal. there are certain limitations placed upon the Sanggunian . If at any time before the initiative is held.

. Within 45 days for municipalities and 3. Manner of signing represented by at least 3% of the registered voter therein. city. COMELEC If yes. in setting aside the resolution of the COMELEC. Within 60 days in case of provinces initiative. 17 which provides “amendments to 1. the STEP 4: THE PROPOSITION petitioners resorted to local initiative. COMELEC supervises and directs the conduct of the classes. provincial. Initiative on local legislation – petition proposing to enact a regional. NOTE: Failure of the Sanggunian to act on the petition favorably is a CONDITION PRECEDENT before initiative can Summary: The Sangguniang Bayan of Morong issued a resolution be invoked agreeing to the inclusion of Morong to the SSEZ. . The COMELEC denied the . 2. It may be of two . . or designated representatives Sec. Petitioners filed a petition to the Sanggunian. COMELEC verifies if the required number of signatures are obtained If not. namely: referendum: 1. 6735 provides for the 3 systems of initiative. the people were given the power to amend necessary signatures: the Constitution under Sec. COMELEC sets the date 1992 created the Subic Bay Metropolitan Authority and the Subic for the initiative Special Economic Zone (SSEZ). and to enact or reject them at the polls independent of the legislative . 126) enact a national legislation. Initiative on the Constitution which refers to a petition proposing amendments to the Constitution. The Court said that the proper process was that of an 3. If it fails to obtain said number of votes. Not satisfied. For failure of the same to act on it. Effectivity of Local Propositions (Sec. in view of Vice Mayor De Leon’s letter . Within 45 days in case of municipalities Referendum. as if affirmative action thereof had been made by the Sanggunian and Local Chief Executive There are three (3) systems of initiative. it to the Constitution or to propose and enact legislations through an shall take effect 15 days AFTER certification by the COMELEC election called for the purpose. 2 Art. the proponents have a fixed number of period to collect the Doctrine: Through initiative. barangay law. Ordinances passed by the Sanggunian may be submitted by it resolution or ordinance. 1996 STEP 7 and 8: INITIATIVE Summary: RA 7227 or the Bases Conversion and Development Act of . of which every legislative district must be . Within 30 days in case of barangays Initiative. NOTE that in Referendum the process begins and ends with proposition sent to Congress or the local legislative body for action. passed by Congress. and 3. COMELEC promulgated guidelines for the conduct of a 2. Proposition shall be numbered serially starting with (I) petition for local initiative. Initiative on statutes which refers to a petition proposing to PROCEDURE IN LOCAL REFERENDUM (Sec. or rejection by the registered voters "Indirect initiative" is exercise of initiative by the people through a . If no favorable action from the sanggunian within 30 days September 30. STEP 6: VERIFICATION BY COMELEC resolution or ordinance. registered voters for approval Respondent filed a petition with the Sanggunian to annul the resolution. COMELEC assists in the formulation of the petition petition asking the said agency to deny the same. then it issues a certification attesting to this fact September 26. . The SC.STEP 2 and 3: INVOKE INITIATIVE and NOTICE TO SANGGUNIAN GARCIA v. COMELEC certifies and proclaims the results of the referendum Initiative is the "power of the people to propose bills and laws. 123) Doctrine: "Initiative" is the power of the people to propose amendments . Within 30 days in case of barangays 2. Initiative on the Constitution – petition to amend the Must be in a public place in the LGU Constitution Stations for collecting signatures may be 2. for the approval. 2. municipal. resolution or ordinance enacted by STEP 3: COMELEC CERTIFICATION regional assemblies and local legislative bodies. . 1994 . respondents resorted to their power of 1. amendment. Periods (computed from date of COMELEC certification in So the Sanggunian requested Congress to amend certain provisions of STEP 6) RA 7227. Within 60 days for provinces and cities or reject an act or law. 32(a) of RA No. proposition defeated 1. namely: . 60 days for municipalities through initiative upon a petition of at least 12% of the total number of 3. or barangay law. Referendum on statutes which refers to a petition to approve 1. declared that resolutions can be STEP 5: COLLECTION OF SIGNATURES the proper subject of local initiatives. Initiative on statutes – petition proposing to enact a national established in as many places as may be legislation warranted 3. the sanggunian "Referendum" is the power of the electorate to approve or reject a STEP 2: CONDUCT OF REFERENDUM legislation through an election called for the purpose. If required signatures are obtained. Initiative on local legislation which refers to a petition STEP 1: INITIATION BY SANGGUNIAN proposing to enact a regional. provincial. Counted from the filing of notice to the sanggunian. or part thereof. In the presence of a representative of the proponent namely: and a representative of the sanggunian 1.” Signed before the election registrar. 30 days for barangays registered voters. COMELEC . Referendum on local law which refers to a petition to approve or reject a law. the proposition is submitted to the passed a resolution expressing concurrence to join the SSEZ. The Sangguniang Bayan of Morong In the initiative. then dismiss the proposition SBMA v. If proposition is approved by a MAJORITY of the votes cast. 90 days for provinces and cities this Constitution may likewise be directly proposed by the people 2.

the law-making body submits to the registered voters of its territorial jurisdiction. In contrast. In contrast. in a local referendum." On the other hand. The process and the voting in an initiative are understandably more complex. it may issue relevant and adequate guidelines and rules for the orderly exercise of these "people-power" features of our Constitution. In initiative and referendum. If the required signatures are collected then the COMELEC shall set a date for the initiative. . any ordinance or resolution which is duly enacted or approved by such law-making authority. for approval or rejection. akin to its powers over the conduct of elections. referendum is begun and consented to by the law-making body. These law-making powers belong to the people. ordinance. in a local referendum. referendum is defined as "the right reserved to the people to adopt or reject any act or measure which has been passed by a legislative body and which in most cases would without action on the part of electors become a law.assembly. for approval or rejection. hence the respondent Commission cannot control or change the substance or the content of legislation. Said referendum shall be conducted also under the control and direction of the Commission on Elections. the COMELEC exercises administration and supervision of the process itself. any ordinance or resolution which is duly enacted or approved by such law-making authority. resolution or act that they desire or because they want to amend or modify one already existing. If the local legislative authority fails to enact the proposal. Initiative is a process of law-making by the people themselves without the participation and against the wishes of their elected representatives. Said referendum shall be conducted also under the control and direction of the Commission on Elections. the law-making body submits to the registered voters of its territorial jurisdiction. In the exercise of its authority." Initiative is resorted to by the people directly either because the law- making body fails or refuses to enact the law. while referendum consists merely of the electorate approving or rejecting what has been drawn up or enacted by a legislative body. the proponents may invoke their power of initiative. While initiative is entirely the work of the electorate.

2 – In addition to the IRA. 102. Costales) developers . . and charges accrue exclusively to the local governments. local and national. 11 amended Sec.city or municipality where such taxes are development of national wealth and resources within their collected (follow Sec. Sec. governor of province (3) consecutive days in a newspaper of local circulation. Sec. Such taxes. Municipal corporations. public policy. Follow Sec. unlike the sovereign state. or mayor of HUC shall immediately issue the necessary In provinces.Each LGU shall have the power to create new LOCAL GOVERNMENT TAXATION sources of funds and to levy taxes. gravel. and charges subject to limitations as Congress may provide. RA 7942 – Act instituting a new system of mineral resources exploration. as amended by RA 8748 Once granted. excessive. 1987 Constitution. law compilation) (8) Shall not be contrary to law. or confiscatory. (Pimentel v. LGUs have the power to create their own sources of revenue. Exercised through appropriate ordinance to treasurer’s office of the municipality or city But there must be prior public hearings for the where enterprise is located ordinance to be valid . a. development. (7) Each LGU shall. or in restraint of trade. and charges shall in no case be b.455M for the increased autonomy. fees. (Sec. (Sec. 51 – LGUs shall appropriate substantial portion of their respective annual budgets to assist in or enhance implementation of the law . exercise of profession or calling subject to the (6) The revenue shall insure solely to the LGU. 113. and charges shall be equitable and based as far as carriers and keepers of garages practicable on the taxpayer's ability to pay. LGC) implementation and completion of government Within ten (10) days after the approval of the infrastructure projects ordinance. compilation) LGUs. LOCAL TAXATION AND FISCAL MATTERS Constitutional Grant . 6. 132) and remitted as follows: . 188. RA 7716 – Restructuring VAT system (1) Taxation shall be uniform. (1) Gross receipts of common carriers derived from (3) Levied and collected only for a public purpose. 283. and charges which accrue exclusively for their VAT every month and to allow LGUs to share in VAT revenue use and disposition a. RA 7643 – An act to empower the CIR to require payment of (2) Taxes. Upon payment in cash of revenue measures shall be published in full for three necessary fees levied under LGC. Sec 7 – Issuance of Permits. Sec. 112. See Art. utilization. unless otherwise professional tax under the LGC. (Sec 5. 114 NIC shall directly released to themselves be distributed as follows: (4) Equitable share in the proceeds from utilization and (1) 20% . fees. 50% of the national taxes (3) Just share in national taxes which shall be automatically and collected under Sec. RA 7916. 5. certified true copies of all tax ordinances or a. NIRC. consistent with the basic policy of GENERAL CONCEPTS local autonomy. 100. their incoming and outgoing freight shall not be (4) Shall not be unjust. 5% of gross income earned by all business enterprises within the EcoZone shall be paid Local Taxing Authority (Sec. and 7 Sources of LGU Funds (1) Own sources of revenue 2. Sec. RA 8975 – Act prohibiting lower courts from issuing TROs. shall be imposed on the LGU business establishments operating within the EcoZone . it must be posted in resources needed in government projects at least two (2) conspicuous and publicly accessible places. Sec. X. share in 1997 of LGUs in the national internal revenue taxes in addition to their equitable share in the national taxes and their pursuant to Sec. among others specified. fee. is clothed 290 and 292 LGC with no inherent power of taxation Power must be granted 8. 82 – Allocation of government share. subjected to local taxes in LGC (5) The collection of taxes. LGC) 10. national economic 5. Article X. Power to impose a tax. 150 LGC in allocating) territorial jurisdiction (2) 80% . 3(d). evolve a progressive 4. Procedure: 9. cities and municipalities where there are permit to extract sand.to the national government Fundamental Principles on Taxation by an LGU (Sec. Sec. in addition to administrative autonomy. fees. fees. RA 8241 – Act amending the E-VAT and NIRC (see special system of taxation. 15 – Imposed VAT on services performed in the left to any private person. 115 NIRC on percentage tax on (2) Taxes. it is construed strictissimi juris against a. RA 9165 – Comprehensive Dangerous Drugs Act a. Sec. fees. Taxing power is limited to its territorial jurisdiction b. 284 LGC power allocate resources in accordance with their own priorities. In lieu thereof. also enjoy fiscal 6. Sec. 1987 Constitution) Special Laws cited in the Syllabus 1. as far as practicable. 287 – Percentage taxes (see special law policy. 24. A public hearing must be conducted prior to the preliminary injunctions to ensure expeditious enactment of a tax ordinance. RA 8245 – Act appropriating P15. and conservation Taxing Power of LGUs a. 130) 3. Aguirre) 7. 117. 187. and other quarry no newspapers of local circulation. or charge or to generate revenue (1) 3% to National Government under the LGC shall be exercised by the sanggunian (2) 2% directly remitted by business establishments . oppressive. Taxing power of LGUs subject to congressional limitations (1) EXCEPT for real property taxes on land owned by (Estanislao v. No taxes.

Contention is without merit D. fees. wholesalers. distributors or dealers in any article of commerce of whatever kind or nature 3. license. Manila Charter is establishments under the conditions in Sec. Professionals (5) Professional Tax 6. and toward free maximum rates for the province or municipality by not enterprise and privatization. provinces. Wholesalers. outdoor local taxes. in contravention of the constitutionally enshrined principle of local autonomy. Basco. cockfights. PD 771 of 1975 withdrew the power of LGUs to regulate activity gambling thru the grant of franchise. 134) Province may only levy the taxes. Also. 134 – 141. 2) that this. brewers. MUNICIPALITIES (Sec. PAGCOR 5. fees and charges which the May levy taxes. BARANGAYS (Sec. distributors. So it must yield to a legislative act. Franchises Provinces (Sec.Scope of Taxing Power of LGUs9 In Summary: A. more than 50% Except the rates of professional and amusement Doctrine: Petitioners argue that PD 1869 constitutes a waiver of the taxes right of Manila City to impose local taxes and fees. or repackers of any (1) Taxes on stores or retailers article of commerce or processors. impeded or advertisements subjected to control by mere LGU Class Notes: The case of Basco is not controlling anymore. Congress can grant Manila the power to 2. 152. 152(a) subject to control by Congress. charges which the province or legalizes PAGCOR. millers. drug trafficking and other vices. charges not otherwise levied by Cities province or municipality may impose (Sec. LGC) 2. 4) that it violates the avowed trend of the Cory government Rates of taxes that the city may levy may exceed the away from monopolistic and crony economy. fees. 152) Minimal powers: Manila. soft drinks. Sand. dealers in or retailers or essential commodities 4. CITIES (Sec. together with prostitution. gravel. has no inherent right to 1. except as otherwise provided in LGC LGC) Eight general categories of people fall within the municipality’s power to tax: May levy only: 1. cockpits LGUs have no power to tax instrumentalities of the national (2) Places of recreation which charge admission government. Taxes on stores or retailers with fixed businesses impose taxes. public policy and order. Transfers of real property ownership (2) Business of Printing and Publication 2. Fees or charges for services rendered in tax and it can also provide exemptions or even take back that power connection with the regulation or use of barangay- owned properties or service facilities Manila’s power to impose license fees on gambling has long been 3. or retailers or truck or van liquor. being a mere municipal corporation. or permits. PROVINCES (Sec. The Court ruled in favor of PAGCOR. fees and charges not otherwise products as may be determined by the Sanggunian Municipalities levied by provinces (Sec. 142) May levy taxes. (4) Tax on Sand. See Batangas Corporation v. assemblers. Fees for barangay clearance for any business or revoked. Amusement (6) Amusement Tax 7. Contractors and other independent contractors May 14. that the exemption clause is violative of local autonomy. this power is 4. 151) violates the equal protection clause of the constitution in that it May impose taxes. People who engage in banking or financing 7. neon signs. Delivery trucks or vans of manufacturers or (7) Annual Fixed Tax for every delivery producers. Other fees and charges on: now with the national government (1) Commercial breeding of fighting cocks. Exporters or manufacturers. while most other forms of municipality may impose gambling are outlawed.conducted gambling. and other quarry resources 134. charges provided LGU Scope of Taxing Power in Sec. 142. Peddlers of any merchandise or article of Summary: Atty. Retailers of any article of commerce BASCO v. that it is 1) a waiver of a right included in the above enumeration which the prejudicial to Manila City government's right to impose taxes and sanggunian may deem proper to tax license fees. People who engage in any other business not morals. Barangays (2) Service fees or charges rectifiers and compounders of liquors. which is recognized by law. and cigarettes and other May levy taxes. LGC) Resources 5. fees. 1991 6. producers. Manufacturers. Being a government instrumentality it is exempt from (3) Billboards. distilled (3) Barangay clearance spirits and wines of whatever kind or nature (4) Other fees and charges (Sec. 151. signboards. Printing and publication business (3) Franchise Tax 3. dealers. Gravel and Other Quarry 4. Batangas 9 Not in the syllabus but we think this is important since an LGU can only impose a tax when the LGC grants it such power . except as otherwise provided in LGC May levy only: These are: (1) Transfer of Real Property Ownership 1. 3)that it C. stocks owned fees by government. PAGCOR is a GOCC with an original charter. Maranan and Sanchez filed a petition commerce seeking to annul the PAGCOR Charter PD 1869 for being contrary to 8. otherwise its operation might be burdened. Balce. cigars. LGC) B.

Thus. legality and referred for opinion to the Provincial Fiscal. in accordance with Section 252 of the for the consideration of the Provincial Fiscal was Tax Ordinance No. statute should be strictly construed against the taxpayer. They also filed a protest before the RTC. Petitoners appealed stating that Provincial Fiscal appeal within thirty (30) days from effectivity thereof. 14. appeal to the Board of Assessment formal protest with the Secretary of Finance. 119 and 125. CFI unjust. assailing the validity of Tax ordinance passed by the Sangguniang Bayan of Tubigon. for every presumption is against it. The remaining issues were also not brought to the Secretary of . 2007 of Mandaluyong. pursuant to Sec. More specifically Doctrine: The Secretary of Justice abdicated his jurisdiction over the stated. Berdin did not even bring the issues relative to the legality or validity of Should the taxpayer question the excessiveness of the amount of tax. SC affirmed ruling that requiring the presentation of evidence. in lieu of the graduated fixed tax prescribed under Section 19 of the Local Tax Code. she received a notice of assessment for the land. 2000 exceeding one per cent. or barangay hall for a minimum of three (3) consecutive weeks. and the same must be coached in clear and unmistakable terms in order that it may be applied. She sought relief from the CA to prohibit the enforcement of the tax against Summary: Berdin. inference. must be strictly construed. a case was filed August 12. two (2) prominent places in the provincial capitol. the Chief State Council informed the Stallholders that in the meantime. 187. Olongapo City claims that the exception for it is not a mineral product. Ergo. SC affirmed validity but held that same cannot be enforced unless confiscatory. like public respondent Zamboanga City may impose. It must be shown indubitably to exist. where and that the Secretary cannot be estopped from reviewing the said available. In this case. Floro Cement refused to pay claiming jurisdiction. BERDIN v. (2) the subject of a days from notice of assessment. CA affirmed the ruling of the of Justice. STALLHOLDERS OF THE EAST BAJAC- year of non-essential commodities at the rate of not exceeding two per BAJAC PUBLIC MARKET OF OLONGAPO CITY cent and on the gross sales of essential commodities at the rate of not October 19. 1991 before the SC questioning the validity of Sec.01 tax on every liter of softdrink produced. ordered Floro Cement to pay such taxes. SC rules that under the Local Tax Code such act thereof (such as Ordinance No. an ordinance fixing government is allowed to impose such a tax. 4 years later RTC upheld the validity may question the constitutionality or legality of a tax ordinance on of the ordinance. 89- LGC. and a well-founded doubt is fatal to the claim. The RTC sustained the validity of Ordinance taxes because cement is a mineral and is covered by the tax exemption. municipal. within ten (10) days of its approval. it cannot be allowed to exist upon a mere vague implication or before the Secretary. Wide area of discretion . 187. LGC. 135. or excessive. Justice for questions of legality or constitutionality of the city ordinance. Doctrine: A city. President of the Tubigon Market Vendors Association her. may bring the case before the Secretary of there is publication under section 43 of the local Tax code. Before the Supreme Court. necessary. and Corporation for manufacturer’s and exporter’s taxes imposed by advised them to file their appeal with the “court of competent Municipal Ordinances 5 and 10. fixing Class Notes: You can only tax as you are told to tax. He who claims necessarily calling for a presentation of evidence and a trial. the Stallholders filed an action before the RTC to that Sec 52 of PD 463 withdraw the power of municipality to levy such declare Ordinance 14 void. and inequitable was a factual issue. The stallholders questioned the validity of Ordinance 14 by filing an appeal to the Secretary of Justice. Pursuant to Ordinance Nos. RTC upheld it on the the assessment levels applicable to the different classes of real property ground that the period to review and overturn it by the Secretary of in a local government unit and imposing penal sanctions for violations Finance already lapsed. COSTALES protest” and accordingly appeal to the Board of Assessment Appeals by May 8. the CA remanded the case manufacture and the export of cement do not fall under the claimed to the RTC. not on the output three (3) consecutive days in a newspaper of local circulation. RTC. or (3) questioned as to its Appeals. Figuerres is the owner of of in Mandaluyong. to no avail. So. Class Notes: When can a tax law be considered oppressive? . Summary: The Olongapo City Council enacted Ordinance 14. and as such. But this is a factual issue which needs to be threshed out FIGUERRES v. which likewise ruled against filed a protest before Municipal Mayor and Municipal Treasurer her. the “appeal” to the RTC was actually an original action. he Tax Ordinance No. While a FLORO CEMENT v. 125) should be published in full for is ultra vires as the tax should be on the gross sale. The Supreme Court disagreed. and posted in at least Ordinance. What they brought must first pay the amount due. MASCARINAS and Ordinance No. and that trial is reduction or diminution thereof with respect to its mode or its rate. LGC. Then. The petitioner after finding that his assessment is unjust. Under Section 226 of the LGC. the general rule is that any claim for exemption from the tax appeal. CA during trial March 25. Provincial Doctrine: [Appeals] Section 187 of the LGC provides that the taxpayer Treasurer approved the ordinance. of the Sangguniang Bayan July 6. Issue arose as to whether or not the municipal [Publication] In view of §188 and 511(a) of the LGC. the Summary: The Municipality of Lugait assessed Floro Cement Secretary was refraining from taking any action on the matter. to the Secretary already made a contrary ruling earlier. RTC’s action is merely a review of the decision of the Secretary. the relinquishment is never presumed and any the action before the RTC was an original action. The CA held that the question of whether the rental rates were It also insisted on the tax exemption certificate granted by DENR. Summary: Zamboanga City imposed at P0. The scope an exemption must be able to point out some provision of law creating of the RTC’s review could not be limited to the evidence presented the right. within sixty (60) the Provincial Treasureror the Secretary of Finance. an owner of real property who is not Doctrine: A tax ordinance may either be (1) reviewed or suspended by satisfied with the assessment of his property may. series of 1994. a percentage tax on the gross sales for the preceding calendar CITY OF OLONGAPO v. 1991 filing a petition under oath together with copies of the tax declarations and affidavits or documents to support his appeal. She appealed to the SC. city. 1999 Summary: Belen C. series of 1993. 88-11-36 to the Provincial Fiscal. confiscatory. the review was confined to the evidence already presented in the Doctrine: It is a rule that as the power of taxation is a high prerogative administrative proceedings. GOROSPE reconsideration was pending before the Secretary. holding that of sovereignty.” Hence. ESTANISLAO v. he must request the annotation of the phrase “paid under 10-49. monthly rental fees for different stalls in the new public market. excessive.

Thus. Sec.. acquisitions mortis causa petitioners went to SC on petition for review. or passing through. and not merely of amounts of increase in tax local government units Ultimately. the petitioners do not question the authority of the assessor. fees or charges of any kind on the National independently. unless otherwise provided. City Assessor. . mandamus LGU to levy taxes. an error in EXCEPT tricycles assessment must be administratively pursued to the exclusion of ordinary courts whose decisions would be void for lack of jurisdiction (m) Taxes. and the tax. cities. Doctrine: The LGC provides for the admin remedies available to a charges and dues taxpayer or real property owner who is not satisfied with the EXCEPT wharfage on wharves constructed and assessment of reasonableness of the real property tax sought to be maintained by the local government unit concerned collected: A. appeal to Central Board of Assessment Appeals (CBAA) via notice (i) Percentage or value-added tax of appeal within 30 days from receipt (j) Taxes on the gross receipts of transportation contractors and C. fees.Finance because what was filed was a petition with the Municipal COMMON LIMITATIONS ON THE TAXING POWERS Mayor requesting for a suspension of the implementation of the ordinance. (d) Customs duties. From the CBAA. and barangays shall not OLIVARES v.. ROC freight by hire and common carriers by air. No. 252 Payment Under Protest (e) Taxes. The SC denied the petition. Validity must be upheld subject to the compliance with OF LOCAL GOVERNMENT UNITS publication requirement. MARQUEZ extend to the levy of the following: September 22. Title II. Book II on Assessment Appeals (6) and four (4) years. Sec. tolls for bridges or otherwise. or charges on the national petition. 6810 and the Cooperative Code. fees. acting solely and (o) Taxes. in order for the EXCEPT as otherwise provided herein RTC to resolve. Appeal to Local Board of Assess App (LBAA) within 60 registration. registration fees of vessel and wharfage on wharves. Taxpayer may avail of Chap. and all other kinds of customs fees. legacies and other comply with requirements of a tax protest. correctness of the amount. the exercise of the taxing powers of provinces. Chap. Even assuming that the authority is indeed an issue. Sec. Protest in writing must be filed within 30 days from for wharfage. the dispute may then be taken to the CA by persons engaged in the transportation of passengers or filing verified petition for review under Rule 43. 3.A. or other charges on Philippine products actually exported. City Treas. or charges in any form whatsoever upon such goods or a. payment to provincial. Taxpayer must first pay the tax carried into or out of. fees or charges for the registration of motor their property. City Treas. 2004 (a) Income tax Summary: Petitioners filed a petition for certiorari. NOTE: Exemption of the National Government from Taxation the petition involves the correctness of assessments which are . fees. municipalities. on Countryside and Barangay Business Enterprises and cooperatives duly registered In Ty v. prohibition. the territorial 2. gifts. government. Decide the protest within 60 days from receipt merchandise 4. except as provided in this Code SC is not convinced with petitioners’ argument that their recourse of filing before the RTC is proper as they are questioning the very (k) Taxes on premiums paid by way or reinsurance or authority of respondents to assess and collect taxes and not merely the retrocession. Nowhere can an allegation of lack of authority is seen vehicles and for the issuance of all kinds of licenses or permits for the driving thereof Under the doctrine of primacy of admin remedies. 234 of the LGC on the other hand. LGC (g) Taxes on business enterprises certified to by the Board of Investments as pioneer or non-pioneer for a period of six B. inheritance. its agencies and instrumentalities. land or water. Annotated on the tax receipts: “paid under protest” jurisdictions of local government units in the guise of charges 3. or other taxes. its agencies and instrumentalities. But a perusal of the RTC petition shows that what is being assailed is the correctness made by local assessors on (l) Taxes. fees or charges on agricultural and aquatic products credits when sold by marginal farmers or fishermen 5. If taxpayer is not satisfied with LBAA decision. Book II. 3. fees. Unless otherwise provided herein (LGC). days from denial of protest or receipt of notice of assessment (h) Excise taxes 2. If protest decided in favor of taxpayer: Amount or portion protested shall be refunded or applied as tx (f) Taxes. prohibition and EXCEPT when levied on banks and other financial mandamus with the RTC questioning the assessment and levy made by institutions the Office of City Treasurer Paranaque City on their properties: Respondents are the Mayor. Trampe – the SC held that jurisdiction over the case was under R. and charges and other impositions upon goods 1. respectively properly vested with the RTC because what was being questioned was the very authority and power of the assessor. If protest is denied or upon lapse of the 60-day period a. issues on correctness of the tax and assessment and collection must necessarily be dealt with (n) Taxes. 133 of the LGC provides a limitation on the power of an questions of fact and improper for a certiorari. or municipal treasurer fees. respectively from the date of 1. RTC granted the MTD. tonnage dues. city. to impose the assessment and of the treasurer to collect Government. Title II. or charges. Asst. They filed MTD alleging that RTC has no jurisdiction over tax assessment matters and that petitioners failed to (c) Taxes on estates. City Assessor (b) Documentary stamp tax and Asst.

09 of the municipality. 2012 Doctrine: Art. 1998 in the wharf. not vehicles. TAX ON INCOME which CDO City may not impose. the tax is not upon the business of milling and selling rice and corn to wholesalers in income but upon the privilege to engage in business. Since CEPALCO’s business of leasing its Summary: Palma Devt. uses the municipal port of Malangas for its posts to pole users is what is directly taxed." i. Corp. BPC refused to . Under Doctrine: By express language of Sections 153 and 155 of RA No.5M for the quarry resources it extracted from private lands.” A pipeline concessionaire is a ground that the tax imposed by the disputed ordinance is in reality a common carrier and is therefore. The Province of Bulacan is guise of wharfage. of fees – as well as all other taxes or charges in any without legal authority to impose and assess taxes on quarry resources form whatsoever – on goods or merchandise. arguing that it was an imposition. The municipality collected fees from Palma. Under the LGC. and was therefore contrary to the within the territorial jurisdiction of the province. A service extracted from private lands.
The BOI issued a certificate of registration to BPC as a pioneer If something is already taxed by the national enterprise entitled to a tax holiday of 6 years. not on the use of roads. BPC asserted that the city should collect the taxes from NPC since the latter assumed responsibility for their payment under the BOT Agreement. the same being expressly prohibited by Section 133(a). LGC. power crisis. and one who offers services or solicits business only lease or rental of electric and/or telecommunication posts. The government. v. RA 7160. fee imposed on vehicles using municipal roads leading to the wharf is thus valid. The ordinance is NOT an imposition of income tax prohibited by Sec. CITY OF under the LGC. but on goods passing Summary: The Sangguniang Panlalawigan of Bulacan enacted an through the jurisdiction of the municipality. on the water. regardless of origin. CEPALCO. Republic Cement was assessed a tax liability of around P2. insisting that the conditions for the imposition of toll fees or charges for the use of any Province had no authority to impose taxes on quarry resources public road. Pursuant to this LGC. it can no longer be taxed by the LGU against BPC the payment of business taxes & penalties. 133(e). in the The SC ruled in favor of Republic Cement. the threat of a warrant of levy secured by the Province. Civil Code makes no distinction between a carrier offering its services to the "general public. The National Internal Revenue Code provides for the imposition of 2% excise tax Class Notes: You can’t circumvent the limitation by calling the tax in upon minerals. Also. impose a tax on quarry providing them with incentives.e. through their Sanggunian. in violation of Section ordinance providing for the Revenue Code of the Province of Bulacan. the general community Summary: CDO City Council passed an Ordinance imposing a tax on the or population. land or declaratory relief assailing its validity before the CDO City RTC. CA roads leading to the port and for police surveillance of goods sheltered November 27. the country suffered from a crippling Internal Revenue Code. whether extracted from public or April 28. filed a petition for of passengers or freight by hire and common carriers by air. BATANGAS CITY and NPC resources. However. because any other form of imposition on goods passing through the territorial Doctrine: General Rule: A province may not levy excise taxes on articles jurisdiction of the municipality is clearly prohibited. poles or from a narrow segment of the general population. it may not do so. Section 133(e) prohibits the imposition. as the same are already taxed under the National Summary: In the early 1990′s. Enron assigned its power of LGU obligation under the BOT Agreement to Batangas Power Corporation .. Summary: FPIC was taxed by Batangas City on FPIC’s operation of an oil pipeline arguing that FPIC is not a common carrier but a special carrier which makes FPIC ineligible for the tax exemption for common carrier CAGAYAN ELECTRIC POWER AND LIGHT CO. sought to attract investors in power plant operations by Exception: The province can. pursuant to Section 5G. Exception: Unless otherwise provided in the LGC pay citing its tax exemption as a pioneer enterprise for 6 years. PALMA DEVELOPMENT CORP. through the National Power Corporation (NPC). The RTC nullified the provision. may prescribe the terms and Cement paid half of this amount under protest. pier or wharf funded and constructed by them.01.133(a). LGC. the towers by pole owners to other pole users at 10% of the annual rental LGU’s taxing power cannot levy on “Taxes on the gross receipts of income derived from such lease or rental. Republic LGUs. 1998 subdivisions when its beneficial use is granted to a taxable person. Subsequently. The NPC intervened that while it admitted assumption of . who paid under protest. SC held that FPIC is a common carrier. the province may impose taxes on quarry remanded. CAGAYAN DE ORO November 14. ordinance. MUNICIPALITY OF MALANGAS Doctrine: [According to Sir. Thus. 1732. The SC ruled that the provision effectively imposed fees on resources extracted from public lands and beds of bodies of water movement of goods. General Rule: Mutually exclusive (BPC). grants to LGUs the power to impose real property tax on FIRST PHILIPPINE INDUSTRIAL CORP. however. Zamboanga City. The BOT Agreement provided that NPC shall be responsible for the payment of all taxes imposed on the power Class Notes: Taxing power of national government vis-à-vis taxing station except income & permit fees. The CA reversed and Under such ordinance. except as provided in this Code. a province may not ordinarily impose taxes on quarry resources. 7160. Enron Power Development Corporation (Enron) and NPC from private land. Palma contested the fee on police surveillance. 2004 private land. however. Batangas City demanded government. CA properties of the Republic of the Philippines and its political December 29. v. already taxed by the National Internal Revenue Code. v. the important ruling in this case was that October 16. As to quarry resources extracted Agreement. It also held that remand was unnecessary. tax exempt under the LGC. v. It is irrelevant if the fees extracted from private lands imposed are actually for police surveillance on the goods. excise tax as another name. entered into a BOT Project. Municipal Revenue Code No. after being transportation contractors and persons engaged in the transportation informed of the passage of the Ordinance. follows The National Internal Revenue Code levies a 2% excise tax on all quarry BATANGAS POWER CORP. one of which was the NPC’s assumption resources extracted from public land because it is expressly of their tax payments in the Build Operate and Transfer (BOT) empowered to do so under the LGC. mineral products and quarry resources. authorizing collection of service fee for the use of BULACAN v. 2003 made by the RTC].

tax. juridical. among Summary: The Province of Laguna enacted an Ordinance which levies others. as a result of the mining.22 as sand and gravel tax. economic 1. an express and general Withdrawal of Tax Exempt Privileges repeal of all statutes granting exemptions from local taxes. 534 – repealing clause . provincial treasurer sent a demand letter to Lepanto for the payment of P1. RATE: Not exceeding 50% of 1% of gross annual receipts for Doctrine: The effect of the LGC on the tax exemption privileges of the the preceding calendar year NPC and other government instrumentalities has already been extensively discussed and settled in National Power Corporation v. The said Code does not distinguish between powers but subject to limitations imposed by Congress commercial and non-commercial purposes. Specifically. 1 of PD 551 which states that the franchise tax in PD 551 shall be in the mining claims for its operational and infrastructure needs. PROVINCE OF LAGUNA May 5. Lepanto is way to the peremptory language of the LGC specifically providing for not exempted from the payment of the taxes despite the fact that the the withdrawal of such exemptions. Bases for the withdrawal of the exception that provincial governments can levy excise taxes on quarry resources a. whether natural or Charter. On the phrase “in lieu of all taxes” in PD 551. Sec. which was affirmed by the CTA and ruled incentives enjoyed by certain entities that sand and gravel taxes may be imposed even on non-commercial 2. Respondent Ambanloc. franchise . it did that The imposition of the franchise tax by the ordinance contravened not have to get a permit to extract and use sand and gravel from within Sec. privileges. MERALCO was a grantee of a franchise mineral deposits within the boundary lines of its mining claim. 137 LGC – Notwithstanding any exemption granted by law or other with the passage of the LGC. Constitutional mandate of vesting broad taxing powers: 1. and privilege. Upon effectivity of LGC extraction was intended for its personal use since the Revised Benguet all exemptions except only as provided therein can no longer be Revenue Code does not make any distinction between commercial and invoked by MERALCO to disclaim local tax liability. This is inaccurate today. the increasing social challenges of the times expanded UNLESS otherwise provided in the LGC the scope of state activity. the Court recognized the removal of the franchise even if the business has been exempted from taxes by virtue blanket exclusion of government instrumentalities from local taxation of any law as one of the most significant provisions of the 1991 LGC. 137 – “notwithstanding any exception…” independently from the national government. The effectivity only way to shatter the culture of dependence is to give the LGUs a This will not be covered by the withdrawal provision in wider role in the delivery of basic services. Sec. b. withdrew . 534 (f) on the general repealing clause extractions. the SC said that the LGU has no inherent power to the power to impose taxes on the extraction of quarry resources. local legislative bodies are . Non-stock and non-profit hospitals and educational the ratification of the 1987 Constitution. The SC ruled that Sec. The given by various municipalities of Laguna. non-commercial uses. Class Notes: Doctrine: Sec. But Congress may still grant exemption after the LGC now given direct authority to levy taxes. 1999 Summary: Lepanto Consolidated Mining Company (Lepanto) was issued by the national government a mining lease contract covering. of San Pablo v. enjoying a status provided in its own Charter. it is settled 2. Taxation assumes even greater significance with 3.893. the PROVINCE may impose a tax on businesses. the power to tax institutions is no longer vested exclusively on Congress. even Congress can limit but it cannot deprive the LGU of such entities that extract sand and gravel for personal purposes are required power to pay the taxes before they are issued a permit. RA 7160 is a general law that delegates to provinces 1. 138. Cooperatives duly registered under RA 6938 and similar objectives.the BPC’s tax obligations under the BOT Agreement. LGUs are given broad taxing Benguet Revenue Code. fees and other charges. Likewise. including GOCCs. EXCEPTIONS (meaning they still enjoy exemption): social justice and the equitable distribution of wealth. In City Gov. It also used sand and gravel to construct SC denied and held that LGC should govern and that MERALCO is liable structures needed in its mining operations. Sec. Sec. Sec. and confer them sufficient Sec. In said case. However. The franchise tax on businesses enjoying a franchise at a rate of 50% of 1% contract granted Lepanto the right to extract and use for its purposes all of the gross annual receipts. 193 provides that tax exemptions or incentives granted the sweeping tax privileges previously enjoyed by the NPC under its to. income. for the tax imposed by the province. it refused to pay FRANCHISE TAXES BPC’s business tax as it allegedly constituted an indirect tax on NPC which is a tax-exempt corporation under its Charter. which is the Revised In the present Constitution. Lepanto lieu of all taxes and assessments of whatever nature imposed by any used the quarried materials to back-fill portions of the earth excavated national or local authority on earnings. MERALCO paid in protest Mines and Geo-Sciences Bureau of the Department of Environment and and subsequently asked a refund of the tax it paid arguing in the main Natural Resources also advised Lepanto that under its contract. Under the Code. the NPC no longer enjoys its tax-exempt special law. the SC stressed that Section 193 of the LGC. or presently enjoyed by all persons. provinces may impose a tax on any business enjoying a of Cabanatuan. a mining claim in the Municipality of Mankayan. See also the repealing clause in Sec. Lepanto filed a petition with the Doctrine: Indicative of the legislative intent to carry out the RTC to question the assessment. and taxation has become a tool to realize . AMBANLOC June 29. In Basco. Thenceforth. City NOTE: Now. the question of determining Lepanto’s liability shall be determined based on the revenue measure itself. 534 LEPANTO CONSOLIDATED MINING v. See also Sec. 2010 MERALCO v. 193 of LGC effectively withdrawn tax exemptions or The RTC found Lepanto liable. Local water districts progress and the protection of local industries as well as public welfare 2. The SC affirmed the ruling of the CTA and found that non-commercial Reyes the Court held that the phrase “in lieu of all taxes” have to give extractions are covered by Revised Benguet Revenue Code.901. 193 – blanket withdrawal of exemptions granted before LGC effectivity c. Buenget. receipts. are WITHDRAWN upon effectivity of LGC In recent years. 193 powers to generate their own sources for the purpose.

Its Summary: Digitel has the provincial franchise to install.72. What is apparent is that RA 7925 is a legislative enactment exemptions to certain persons. CITY OF DAVAO September 16. fees or charges of any kind on the National Government. in light of the passage of RA 7716 (VAT NPC v. PLDT was not exempted from local franchise. The grant of taxing powers to local government units under the “Exemption” in Sec. Section 137 of the LGC expressly by PLDT alleging that it was exempted from payment of franchise tax authorized local governments to impose franchise tax on businesses in and that it was entitled to a refund of its previous payment. It is local franchise tax.681. It is intent of Congress to exempt from real property tax those real also not entitled to a tax refund. In view of the unequivocal requirements. LGUs cannot impose taxes. fees or in its franchise charges on the aforementioned entities. VAT instead of franchise taxes. Tax exemptions must tax on the remaining real properties of the grantee located within its be expressed in the statute in clear language that leaves no doubt of the territorial jurisdiction not part of the above- intention of the legislature to grant such exemption. directly and exclusively used by petitioner DIGITEL in the pursuit of its franchise. however. Digitel the Bureau of Local Government Finance (BLGF) opinion and on Sec. 193 (LGC 1991) as Thus. Digitel ceased to be liable for national franchise tax and RA 7160 is a general law which can’t repeal a specific law. In sum. Smart. This amount was protested of the Province of Pangasinan. The effect of Section 23 of Republic Act No. 1996 (effectivity of the VAT law) a repeal of NAPOCOR’s tax exemption. 23 refused to pay contending that since its competitors were exempted of RA 7925 which allegedly extended to PLDT the exemption granted to from paying and an act by congress was passed providing for equity Smart and Globe. even if SC said that the interpretation of PLDT is absurd! This could not have it is granted. the provision in question is functus officio already imposed not on the ownership or mere existence but on the exercise by with the EVAT Law which subjects telecommunications companies to the corporation of a privilege to do business. contending that it instrumentalities. And. pursuant to a declared national policy. (1) Sec. There is nothing in the language powers. SC ruled that nothing in the said provision provides among competitors then it was also exempted from paying franchise for a tax exemption. 2003 telecom companies and in its place imposed a 10% VAT So the IN LIEU class in the legislative franchises of Summary: Cabanatuan City assessed NAPOCOR a franchise tax based on Globe. SC ruled for the Province of Pangasinan. Similar tax remedies but take note that because of the nature LGC effectivity. SC: CA ruling upheld. It pertains to regulatory and reportorial tax. in which case it is not covered by the of NPC. When exemption is claimed it must be shown indubitably to exist Class Notes: NOTE the pronouncement of the court about the abolishment of franchise tax to give way to VAT: . CITY OF CABANATUAN restructuring law). CITY OF DAVAO DIGITEL v. and anyway in its stead imposed a 10% VAT it is only an implied repeal which is frowned upon. burden of having to keep track of all granted telecom franchises. Is it accurate to say that all franchises are liable to franchise tax? Class Notes: What if NPC fails to pay? NO. when specific is exempt from local taxation because of the phrase “in lieu of all taxes” provisions of the LGC authorize the LGUs to impose taxes. Cabanatuan City cites Sec. doubts must be resolved in favor of municipal corporations. Pangasinan can only levy real property Doctrine: Tax exemptions are highly disfavored. the exemption must be interpreted in strictissimi juris been the intent of Congress. This rule now admits an exception. And. CA: RTC overruled.985. 3. 23 is too general. The tax exemption the taxpayer and liberally in favor of the taxing authority. reporting requirements bearing in mind the policy of the law. 2007 Summary: PLDT was applying with the City of Davao for a franchise. the exemption must be interpreted in strictissimi juris against Doctrine: Tax exemptions are highly disfavored. even if it is granted. it abolished the franchise tax imposed to April 9. RA 7160 is an express withdrawal of NAPOCOR’s exemption. maintain and application was withheld pending the payment by PLDT of its local operate a telecommunications system within the territorial jurisdiction franchise tax amounting to P3. PROVINCE OF PANGASINAN August 22. among others have now become functus its gross income in the city for the year 1992. designed to set the national policy on telecoms and provide the The legal effect of the constitutional grant to local governments simply structures to implement it to keep up with the technological advances means that in interpreting statutory provisions on municipal taxing in the industry and needs of the public. Tax exemptions are construed strictly against the taxpayer so the A franchise tax is a tax on the privilege of transacting business in the provision must be interpreted to mean that Smart is not exempt from state and exercising corporate franchises granted by the state. there blanket removal provision in Sec 193 are properties which are exempt from levy PLDT v. A franchise grantee may be given exemptions after . the franchise of governmental functions may be subject to tax. However. This will leave the Government with the against the taxpayer and liberally in favor of the taxing authority. from Jan 1. properties actually. being an instrumentality of the government. (2) Tax exemption and exclusion have . so SC ascertained legislative Constitution and the LGC does not affect the power of Congress to grant intent. Nothing prevents Congress from decreeing 193 of the LGC withdrew exemptions granted before it was passed and that even instrumentalities or agencies of the government performing this does not include those granted after. Congress exercised its prerogative to tax instrumentalities and agencies of The SC ruled that Smart is not exempt from local franchise tax. must be expressed in the statute in clear language that leaves no doubt of the intention of the legislature to grant such exemption. In enacting the LGC. of RA 7925 nor in the House and Senate proceedings which show that it contemplates the grant of tax exemptions to all telecom entities. Pangasinan imposed franchise tax on Digitel. It relied on their jurisdiction. government as it sees fit. RTC: NAPOCOR is still exempt. SMART v. NAPOCOR argues that it is officio exempt citing its charter. its agencies and Summary: Smart filed an action for declaratory relief. 2001 February 23. 7925 – that the word including those whose exemptions were withdrawn by the LGC "exemption" as used in the statute refers or pertains merely to an exemption from regulatory or reporting requirements of the DOTC or “Exemption” could simply refer to exemption from certain regulatory or the NTC and not to the grantee’s tax liability. 2008 Doctrine: As a general rule. Smart does not expressly provide what kind of taxes Smart is exempt from.

or at least such as representing the same interest in both actions. And then paid to the provincial treasurer before gross Added Tax Law (RA 8241). The HOLDING of operas. art exhibitions. and (5) the franchise of Smart which constitutes the contract lessees or operators of theaters. Therefore. government. the power to levy and collect amusement taxes has Doctrine: Sec. The exempt from paying the local taxes and that the LGUs have the power to PBA contested the assessment. April 3. dramas. or operators functus officio because of RA 7716. non- professional basketball games is in the nature of a national tax. between it and the government does not provides for such exemption. therefore BIR has no authority to collect. the BIR has the authority to collect and levy such. cooperatives duly registered under R. The SC. v. musical programs. The August 8. the defense raised by SM Prime of prior payment in good faith would be best ventilated in the Cebu Case where the City of Cebu is a party. and CA both upheld the ruling of the CIR. painting. flower shows. The SC ruled that CASURECO is not Summary: The CIR assessed PBA for deficiency amusement tax. whether natural or juridical. lessees or operators and distributors of the films The franchise tax that an LGU may impose must comply with Sections 137 and 151 of RA 7160. It must not exceed 50% of 1% of the gross 3. recitals. 140? The venue of the activity? Sir said it is vague since some items seem to tax the venue while some items tax the activity In any case. PBA was contending that. subject to such guidelines and limitation as the Congress may provide. would amount to res judicata in the other. SM PRIME HOLDINGS INC. among other things.the same nature and effect and there is no essential difference between AMUSEMENT TAXES them. as amended by the Expanded Value b. 140. fees and charges nature. concerts. The requisites of litis pendentia are (a) the identity of parties. (CASURECO III). but such was denied by the CIR. Tax shall first be deducted and withheld by proprietors. (3) the findings of BLGF as a consultative agency is not binding on the courts. subjecting them to VAT. rock or similar concerts September 5.A. 2. What exactly is taxed by Sec. FILM DEVELOPMENT COUNCIL OF THE PHIL."… The power of the local government units to impose and collect taxes is Doctrine: Amusement tax on the gross receipts from the sale of derived from the Constitution itself which grants them "the power to admission tickets for professional basketball games is national in create its own sources of revenues and to levy taxes. LGC blanket tax exemption to all telecommunication entities by its grant to 1. The CTA impose and collect such taxes. (b) the identity of rights asserted and relief prayed for. boxing stadia and other places of amusement RATE: Not more than 30% gross receipts from Doctrine: The withdrawal of tax exemptions or incentives provided in admission fees the LGC can only affect those franchises granted prior to its effectivity. and (c) the identity of the two cases such that judgment in one. EXEMPTED FROM AMUSEMENT TAX: annual receipts for the preceding calendar year based on the income on a. The Court held that the Cebu Case is the appropriate vehicle to determine the rights of the parties. literary and oratorical presentations b. [National] franchise tax on telecommunications companies has become lessees. Inc. stock and non-profit hospitals and educational institutions. cinemas. (4) There is no intent on the part of Congress to give a Sec. 2012 Summary: The city of Iriga assessed local taxes on Camarines Sur III PHILIPPINE BASKET ASSOCIATION v. CAMARINES SUR III ELECTRIC COOPERATIVE (1) Pop. Therefore. This case is modified by Pelizloy . Quality movies were given “amusement tax rewards. EXCEPT: CITY OF IRIGA v. FDC sued SM Prime Holdings in RTC of Pasig for the payment of the amusement tax rewards. in including government-owned or controlled corporations. 2013 Summary: RA 9167 was passed creating the Film Development Council. In case of theaters or cinemas a. assailing the constitutionality of this law." Class Notes: . 6938. concert halls. No. except local denying PBA’s petition. 2000 latter refused to pay the taxes on the ground that it is exempted from doing so pursuant to PD 269. declared that the amusement tax on water districts. circuses. 193 of the LGC withdrew tax exemptions or incentives been transferred from the national government to the local previously enjoyed by "all persons. The PROVINCE may levy an amusement taxes on proprietors. Globe. receipts realized within the territorial jurisdiction of the LGU. an electric cooperative. regardless of which party is successful. Doctrine: The presence of City of Cebu as party plaintiff in the Cebu Case would afford proper relief to respondent in the event the Cebu City RTC renders judgment sustaining the validity of the said provisions. CA Electric Cooperative. argue your stand. . receipts are divided between said operators.” The City of Cebu filed a petition for declaratory relief in the RTC of Cebu. the relief being founded on the same facts.

Appraisal. the definition of' amusement places' in 4. current and fair market value prevailing in the locality where the property is situated (Sec. taxable or exempt. 202) on the taxpayer’s ability to pay Taxable or exempt. fees. fees. city/municipal hall. Enacted by Ordinance progressive system of taxation A schedule of the FMVs of real properties prepared by 5. Sec. public policy. All real property. Taxes. provincial or city assessor and the municipal 3. local confiscatory assessors are authorized under Sec. levy and collection of real property Section 131 (c) of the LGC is a clear basis for determining what tax shall not be let to any private person constitutes the 'other places of amusement' which may properly be 5. The LGC establishes the parameters of the taxing powers of documents to the provincial. PROVINCE OF BENGUET April 10. There is no reason for going beyond such basis. post in the provincial capitol. and other impositions shall: sworn statement declaring the current and fair market value (1) Be equitable and based as far as practicable of their real property (Sec. Real property shall be appraised at its current and fair Doctrine: Based on the principle of ejusdem generis. or municipality concerned If no such newspapers. shall be appraised at the injustice on unassuming taxpayers. Fundamental Principles (Sec 198) 1. GENERAL RULE: All assessments or reassessments made after Jan. charges. city. Real property taxes belong solely to LGUs Leonen clarifies that percentage tax is within the power of the . Trampe 2. 130 – fundamental principles . the subject of such tax is property taxes collected by the local governments limited to amusement places. 219) . Dean . Owners. General revisions of assessments and property classifications can be done within 2 years from LGC effectivity and every three years thereafter Effectivity of Assessments (Sec. Unless otherwise specifically provided for in the LGU Preparation of Schedule of Fair Market Values (Sec. and is further clarified in the basis of its actual use jurisprudence which denotes “places of amusement” as where “one 3. Previously declared or undeclared (2) Be levied and collected only for public WHEN to file: Once every 3 years during Jan. fee. 212) 4. . 1 of any year shall take effect on Jan 1 of the next year . declarant shall file substantiating A. Posting and Publication Requirement Schedule shall be published in a newspaper of general circulation in the province. Appraisal and assessment shall be equitable subject to amusement tax impositions by provinces. or municipal assessor LGUs within 30 days from date of declaration 1. the resorts are not market value included in the enumeration of what comprises places of amusement 2. 204 to make the (4) Not contrary to law. If owners or administrators fail to file declaration. and municipal assessors of the Metro Manila Area shall be enacted by ordinance by the sanggunian concerned before any general revision of property assessment is made See Ty v. as far as practicable. Revenue collected pursuant to provisions of LGC shall assessor of the Metropolitan Manila Area are mandated to inure solely to the benefit of. 221) . evolve a 1. or in restraint of trade 2. assessment. To claim exemption. National government no longer has any share in the real municipal government to impose however. Under Sec. PELIZLOY REALTY CORPORATION v. 201) Class Notes: This case highlights the parameters of taxing power. oppressive. Sec. other imposition whether exempt or not a. 205. charge or properties located in their respective jurisdiction are listed. 1 to June purposes 30 starting 1992 (3) Not unjust. administrators or their duly authorized a. and under the statutory interpretation of ejusdem generis Pelizloy doesn’t qualify under it being a resort. Real property shall be classified for assessment purposes on which are already defined by black letter law. city. To do otherwise would be to countenance Appraisal of Real Property an arbitrary interpretation/application of a tax law and to inflict an . and in 2 other conspicuous public places General Revision of Assessments and Property (Sec. 2013 REAL PROPERTY TAXATION Summary: Pelizloy is protesting the imposition of tax upon it on the argument that the Municipality of Tuba Benguet is levying upon it a Real Property Tax = LGU Property percentage tax not provided among its powers. excessive. city. and be subject to the prepare and maintain an assessment roll where all real disposition by the LGU levying the tax. Each LGU shall. Real property shall be assessed on the basis of a uniform seeks admission to entertain oneself by seeing or viewing shows or classification within each LGU performances” In this case. Collection of local taxes. national declaration and assessment economic policy. Taxation shall be uniform in each LGU representatives are required to file with the local assessor a b. 133 provides the common limitations the provincial. hence ultra vires. charges and other Assessment Roll of Real Properties impositions shall in no case be let to any private person .

3(n) . vested with functions relating to public needs b. Powers (GICP)/Government Corporate Entities (GCE) refer to . This engaged in the supply and distribution of water and/or ordinance was subjected to regular process of ordinance enactment. to the extent f. excessive. Partial/total destruction of real property functions or jurisdiction. the Cebu Port Authority (CPA). which are either: because it should be implemented on the following year. A barangay applicable as in the case of stock corporations. 3(m) .Nonchartered GOCC refers to a GOCC organized consideration or otherwise. . neither corporations nor agencies integrated within the These are reassessments due to: departmental framework. Properties Exempt from Real Property Taxes (Sec. Machinery. to a taxable person and operating under Batas Pambansa Bilang 68. 2. A municipality or through its instrumentalities either wholly or. 3(p) . 2. A city by the Government of the Republic of the Philippines directly d. In these cases. 1996 could not be implemented on the same year capital stock and. Sec.Government Instrumentalities with Corporate an additional tax accruing to the SEF. the Ordinance which government directly or indirectly owns majority of the took effect on Jan 1. Any other abnormal cause (2) the Philippine Ports Authority (PPA). Character Exemptions: a. mosques February 19. from date of occurrence of the circumstance (4) the Metropolitan Waterworks and Sewerage System (MWSS). but not limited to. Charitable institutions b. 020% was enacted. 5. Houses and temples of prayer like churches. A province whether governmental or proprietary in nature. assessment (9) the San Fernando Port Authority. but vested by law with special 1. the term NOTE: Real property owned by the Republic and its “GOCC”. 1. the Court (1) registered with or directly supervised by the Bangko ruled that it has become moot and academic due to the enactment of Sentral ng Pilipinas. The RTC dismissed the petition for failure to exhaust administrative remedies. for 4. 3(o) . reassessment is made within 90 days (3) the Philippine Deposit Insurance Corporation (PDIC). or educational purposes (Revised Schedule of Fair Market Values of Real Properties of the City of b. certain reassessments take effect at instrumentalities or agencies of the government. LOPEZ v. AND Finance. Sec. and enjoying 3. administering special funds. the Government assessments pursuant to Sec 219 of the LGC: Service Insurance System and the Social Security (1) The preparation of Schedule of Fair Market Values. the following: 4. political subdivisions is NOT exempt when the beneficial use thereof has been granted. charitable. endowed with some if not all 2. Lopez’s tax on his land and on the environmental protection improvements increased. which are the beginning of the quarter following the reassessments. He also questioned the application of Sec including GOCCs were withdrawn upon the effectivity of the LGC. That for purposes of this Act. Sec. 212 and 221 of the LGC. assessment may appeal to the Local Board of Assessment (7) the Bases Conversion and Development Authority Appeals (BCDA). The Republic corporation. System. Major change in its actual use corporate powers. Within 60 days from receipt of the written notice of (8) the Cagayan de Orb Port Authority. Assessment Appeals (5) the Laguna Lake Development Authority (LLDA). or convents appurtenant thereto. buildings.. and owned c. bonds and Doctrine: Mandatory Conduct of General Revision of Real Property equity including. DIRECT. Decisions by the Local Board appealable to Central Board of (10) the Local Water Utilities Administration (LWUA) and Assessment Appeals (11) the Asian Productivity Organization (APO). where e. generation and transmission of electric power c. Any great and sudden inflation or deflation of real operational autonomy usually through a charter including.shall include GICP/GCE and GFI as defined herein. EXCEPTIONS: However. 1999 c. loans. or confiscatory. All other exemptions previously granted to natural or juridical persons oppressive. however. property values but not limited to. or Manila Ordinance 7905 which provides for retroactive effect of the (2) collecting or transacting funds or contributions from reduced tax assessments. and improvements which are used for Standard and Balita) and was later on enacted as Manila City Ordinance religious. On financial institutions or corporations in which the the argument that base on Sec 221 of the LGC. equipment used for pollution control and As a result of such ordinance. Sec. Lopez filed a special proceeding for the declaration of nullity of a alleging that these are unjust. Lands. the public and places them in financial instruments or assets such as deposits. Sec 212 on the procedure on the preparation of the 1. Usage Exemptions: on the basis of ACTUAL. Registered cooperatives of at least a majority of its outstanding capital stock: Provided. or “The Corporation Code of the Philippines”. the City Assessor prepared a proposed schedule of fair market EXCLUSIVE use: values of real properties. Non-profit religious cemeteries Summary: Pursuant to a Memorandum issued by Department of 3. Special Law cited in the Syllabus – RA 10149 (Act to promote financial viability and fiscal discipline in GOCCs) The SC affirmed. 234) 3.Government-Owned or -Controlled Corporation 1. Ownership Exemptions: real properties owned by: (GOCC) refers to any agency organized as a stock or nonstock a. (2) The enactment of Ordinances: (a) levying an annual "ad valorem" tax on real property and 2. Any owner or person having legal interest in the property (6) the Philippine Fisheries Development Authority who is not satisfied with the action of the assessor in the (PFDA). Gross illegality of the assessment (1) the Manila International Airport Authority (MIAA). This was published in newspapers (Manila a. CITY OF MANILA parsonages.Government Financial Institutions (GFIs) refer to schedule of fair market values of real properties was complied with. Machineries and equipment used by LWDs or GOCCs Manila) which increased tax assessments to 1.

as well as the complaints by the City of Cebu against Callanta.” YAMANE v. The Court of Appeals reversed the RTC. assessments. is An assessment fixes and determines the tax liability of a taxpayer. newspaper of general circulation in the province. TRAMPE Condominium Act that a condominium corporation is precluded by December 1. this power is vested on the Local Board of Assessment Appeals. located in Pasig. the Deputy Ombudsman ordered the dismissal of properties in the Metropolitan Manila area shall be prepared jointly by Callanta while the rest were to be suspended for 3 months. 1998 was no express nor implied repeal. Pahamtang. 187 LGC – taxpayer may question the Determination of injury/prejudice requires determining when the constitutionality or legality of tax ordinance on appeal assessments became due and payable. OFFICE OF THE OMBUDSMAN petition for review with SC. of preliminary injunction to declare null and void the new tax assessments and to enjoin the collection of real estate taxes. RTC judge Trampe denied the petition. The notice of to that taxpayer’s property. and (d) adopting the Schedule of Fair Market Values prepared The Court found that the City Assessor had no authority to reconsider by the assessors. Lepanto then filed a petition for review under Rule 42 with the With respect to real property taxes. fall within the scope of permissible corporate filed with the RTC of NCR Petition for Prohibition with prayer for writ purposes of a condominium corporation under the Condominium Act. and Summary: In 1994. 226 LGC – owner of real property not satisfied with Even if §23 seems to make the Certification a condition sine qua non for assessment may within 60 days from notice of the effectivity of the revised values. Lepanto then appealed the concerned to pay the amount assessed and demanded. an obligation arises on the part of the taxpayer condominium. to wit: taxes had vested on the city upon the issuance of the notice. city or municipality concerned or the posting in the provincial Doctrine: The power to act on requests for reconsideration on appeals capitol or other places as required by law. Lepanto protested the assessment as it averred that Lepanto. Ty and MVR procurement of profit. for reassessments they made as to the valuations for certain properties. Delos Reyes. corresponding assessments and real estate tax increases based thereon Lucero. MR was also denied. first day of January of the year following the assessment. on the same date. such that Certification of completion of general revision of property assessments is Summary: In 1998. nor the and MVR Picture Tube Inc. Metro Manila. (c) providing necessary appropriation to defray expenses Delos Reyes. NOT the City Assessor. and Concon for 1 year while the rest were reprimanded. the obligation to pay arises on the Court of Appeals. The and then appeal to the BAA specific provision is §24. and Palmero are NULL and void (from the Office of the City Assessor). Neither the maintenance of livelihood. assessment. SC reversed the decision stating that there January 30. As regards The preparation of fair market values as a preliminary step in the injury or prejudice to the City. as a corporation. What are the remedies of a taxpayer? 1. Abellana. the local government’s collecting such cannot be considered as being organized for profit. And where the taxpayer fails to question such assessment benefit and so the Corporation operating the condominium and within the reglementary period provided by law. Yamane. the Court held that the right to collect the conduct of general revision was set forth in Section 212 of LGC. 921 requires that the schedule of values of real aspect of the case. 9 of P. The TY v. Ombudsman the city assessors in the districts created therein while Sec. 212 of R. Yamane denied the protest. 1995 statute from engaging in corporate activities other than the holding of the common areas. real property assessments as based on the Real Property Tax Code. Finally. the administration of the condominium project. which stands as the first instance the taxpayer is officially made aware of the pending tax liability. Abarri. The City Assessor’s participation in the process ends with the Class Notes: sending of the notice of new assessments. .D. and this (1) The city or municipal assessor shall prepare a schedule of right had fully vested upon failure to make a correct appeal. . incident to general revision of real property All of them were also warned. he should pay under protest first RPTC as guiding as to the effectivity of the new assessments. Ty and MVR filed a CALLANTA v. 2005 in §23 of the Real Property Tax Code. BA Lepanto Condominium Corporation (Lepanto) unquestionably not a precondition to the effectivity of the new received a tax assessment in the amount of P1. The fair market values for the different classes of real property certification to the Secretary of Finance had been dispensed with by the situated in their respective LGUs for the enactment of an LGC. Ombudsman. should be sufficiently informative to apprise the taxpayer the legal basis of the tax. lack of any indicators of corruption or graft based on the black letter (2) The schedule of fair market values shall be published in a law.A. Salares. that it merely exists for the maintenance of the soon as it is served. for business taxes. suspending Callanta. Edera. 2. the Court found the penalties too harsh considering the ordinance by the sanggunian concerned. within 30 days from effectivity to Justice Sec. there was no failure to exhaust administrative remedies. the phrase “the assessments shall assessment appeal to the BAA become effective and taxes shall accrue and be payable thereunder in 3. (b) fixing the assessment levels to be applied to the market Vasquez approved the findings and recommendations of the values of real properties. denial to the RTC of Makati. they are not liable for the tax assessment. Municipal Assessor of Pasig (now a city) sent a other acts necessary. Corollarily. incidental or convenient to the accomplishment of notice of assessment respecting certain real properties of Alejandro Ty such purposes. of property owners explicitly vested on the LBAA. RTC Makati affirmed the decision of Yamane. Concon.6 million from Luz assessments. Sec. 252 LGC – if taxpayer questions the excessiveness accordance with the provisions of this Code.” points to the rest of the of the amount of tax. The SC modified the resolution. which states that “the assessments take effect on the first day of January of the succeeding year after the revision is made. right becomes absolute upon the expiration of such period with respect Thus. the City Treasurer of Makati. Sec. BA LEPANTO CONDOMINIUM CORPORATION The LGC has dispensed with obliterated the Certification requirement February 13. Schedule of Market Values for properties in Summary: This case originates from administrative and criminal Pasig City prepared by respondent Assessor. the right of the local government to collect said taxes Doctrine: The fees collected from condo-unit owners redound to their also arises. As not organized for profit. As regards the administrative Doctrine: Sec. Sec.

and local government units" provided in Section 234. At the end of the 25-year term. Municipality of Pagbilao. it can be assessed Mirant’s real property taxes on the power plant and its concluded that: machineries . its agencies and the entity liable for the tax. the LGC was enacted. 232 and 234 of the LGC. Quezon Reading together Section 133. 921 Furthermore. a person legally owned by the Republic of the Philippines or any of its burdened with the obligation to pay for the tax imposed on a property political subdivisions has legal interest in the property AND the personality to protest a tax assessment on the property. Under the latter. discuss. 14 of said per Sec. Article X of the Mirant will transfer the power plant to the NPC without compensation. Manila Area for the different classes of real property situated in their respective local government units for enactment by ordinance of the In either case. 7160 covers almost all governmental functions delegated to local government units all over the country. The liability for taxes generally rests on the owner of the . In harmonizing. the Court has upheld a contractual liability as being Class Notes: the basis for tax liabilities against an entity who was the non-owner of . Pursuant to the Code. cities. EXCEPTION TO EXCEPTION (RPT-exempt): on "real property real property at the time the tax accrues. 232. Schedule jointly agreed shall then be published in a September 11. has been Summary: The NPC entered into an Energy Conversion Agreement withdrawn. pursuant to direct authority conferred by Section 5. the taxing powers of LGUs cannot extend to the levy of "taxes. Sir said that the SC made an entirely new procedure which Subsequently. 133. in those cases the effectiveness of the tax Sec. paragraphs (c) and (e) of the LGC. MCIAA’s exemption. P. LGC. owned by the government but leased to private persons or entities. While R. and use it to supply the bodies. and charges of The NPC objected to the assessment against Mirant on the claim that. 14 of its Charter. as a GOCC. PROVINCE OF QUEZON Government. After the power plant was built. Local Treasury and Assessment District shall then meet supplemented by an interest that the party assuming liability had on as per Sec. Constitution. 2009 (o).A. However. personal liability for realty taxes may rest on the entity with taxable person. the contractual assumption of liability was 2. 9 and the property. directly chargeable against the taxable person who has actual and beneficial use and possession of the property regardless of whether or The 2 laws are not co-extensive and mutually inclusive in their scope not that person is the owner. 1 of PD 921 b. 212: liabilities assumed by the vendees was based on their possession and 1. MARCOS 3. We follow the districts in Sec. but electric power needs of the country. Note: they should evolve a progressive revenue raising program that will not unduly burden the taxpayers MCIAA v. different assessors shall compare their Class Notes individual assessments. as any kind on the National Government. prepare his/her proposed schedule of values following Sec. Manila area. 1996 newspaper of general circulation and submitted to sanggunian concerned for enactment by ordinance as Summary: MCIAA was created by RA 6958. take the power generated. pursuant to Sec. Assessor in each municipality or city in MM shall use of the property subject to tax. and then jointly . 193 and 234. the exercise of the power may be subject Among the obligations undertaken by the NPC under the ECA was the to such guidelines and limitations as the Congress may provide which. MCIAA was exempted from the payment of real property taxes. Quezon for a period of 25 years. declaratory relief with the RTC of Cebu. . Under Sec. Legal interest – simply means beneficial ownership c. such as the tax on property of Sec. However. . will supply the necessary fuel to be converted by Mirant however. Cebu City refused to cancel the assessment and claimed that under Sec. payment of all taxes that the government may impose on Mirant. . the unpaid realty tax attaches to the property but is sanggunian concerned. 212. LGUs cannot assess taxes against it. SC affirmed such decision. it may be exercised by local legislative into electric power. 234. PD 921 the property taxed. Ownership district 2. arguing that (a) it was exempted from paying RPT under Sec. and purpose. EXCEPTION: pursuant to Sec. and (b) as an instrumentality of the National NAPOCOR v. no longer merely by virtue of a valid delegation as before. for consideration or otherwise.133 July 15. LGC Charter. Doctrine: On who has personality to contest an assessment: Section 226 municipalities in the Metropolitan Manila Area may impose of the LGC lists down the two entities vested with the personality to the real property tax contest an assessment: the owner and the person with legal interest in the property. however. 212 LGC In other words. in turn. EXC to EXC to EXC (RPT-liable): when the beneficial use thereof has been granted. as provided in item (a) of the first paragraph the beneficial use of the real property. in our jurisdiction. Cebu City OIC was improper. or .D. it (the NPC) is entitled to the tax exemptions instrumentalities. LGC. a. Here.7160 states that the schedule shall be prepared "by the provincial. must be consistent with the basic policy of local autonomy. to a In turn. In previous cases. MCIAA objected to such assessment. Basis for liability: agree and produce a schedule of values for their 1. NPC. RTC dismissed its petition and held that MCIAA was liable to pay RPT. Mirant will build and finance a coal-fired thermal power plant on the lots owned by the NPC in Pagbilao. The Doctrine: The power to tax is primarily vested in the Congress. GENERAL RULE: pursuant to Sec. city when the tax assessment is made on the basis of the actual use of the and municipal assessors of the municipalities within the Metropolitan property. 9. There is no implied repeal. fees. MCIAA paid under protest and filed a petition for (ECA) with the private corporation Mirant.. Treasurer assessed MCIAA real property taxes. . provinces. contractual liability alone cannot be deemed “an interest embraces only a “progressive revenue raising program that will not in the property” and basis for the enforcement of tax liabilities against it unduly burden the tax payers in Metropolitan Manila the Metropolitan by the Municipality. the SC said: We can harmonize Sec.

(You may skip this part). MIAA is exempt exemption was being claimed in the instant case. directed and exclusively used for religious. despite its possession of corporate powers. even though granted with corporate on the basis of ownership are real properties owned by: (i) powers. including government owned and from tax under its Charter. to continue agencies.. GOCC. convents appurtenant thereto. office instrumentality. except as provided therein. Exemptions from real property taxes that a government instrumentality. 1-86. the legislative and the judicial. (v) a barangay. bureau. municipal or barangay subdivision or other forms of local government. mosques. (ii) instrumentality corporate powers. until powers. if any of Republic Act No. parsonages or a corporation. charitable or educational purpose. Doctrine: A government instrumentality is exempt from any kind of tax 2) Character Exemptions. (iii) a city. rule upon the MIAA v. the promulgation date of PD 1931. the City of Pasay is of the belief that the LGC withdrew the blanket tax exemption enjoyed by Class Notes: Good law? NO. 31. certain entities and that it can now impose real property taxes on MIAA. controlled corporations. upon the effectivity of the LGC. directly and exclusively used or by local Government-owned or controlled corporation refers to any agency water districts or by government-owned or controlled organized as a stock or non-stock corporation. chartered institutions and government-owned and controlled for an indefinite period. It is composed of the three great departments the resolutions which purportedly restored it was not valid since it was an executive. 10-85 and 1-86 are valid. When the law vests in a government the basis of their character are: (i) charitable institutions. “Agency" of the Government refers to "any of the various units of the Government. 1985. CITY OF PASAY effect. In order to reinstate the NPC’s tax exemptions. it assessed real property tax delinquencies against MIAA amounting to more than P1 billion and issued warrants of levy . as Minister of Finance and as Chairman of the FIRB. from tax. 1996 pertaining to the autonomous reason. "GOCC". though repealed by the Local Government Code in its paragraph (c).O. Jr. Hon. usually through a charter. Hence. the instrumentality does not become houses and temples of prayer like churches. The SC upheld the exemption of MIAA from real property taxes. as distinguished from the different forms of local PD 1931 and E. The SC shall not. LANAO DEL SUR political authority is made effective in the Philippines. This term includes regulatory Virata fully restored the tax exemption as of July 1. MIAA claims to be exempt to natural and juridical persons. basis of the actual. or a local government or a distinct unit therein Minister of Finance to restore tax exemptions to deserving entities. governmental but also corporate powers and is exempt from local 3) Usage exemptions. The Albay case had been superseded by Maceda vs. including. 1985. endowed with some if not all corporate effective as of June 11. Unless the instrumentality is organized as a corporation. 2009 The exemption claimed by NPC is partly based on PD 464 which. not concurrent capacities as Acting Minister of Finance and as Acting integrated within the department framework. (Administrative Code) previously granted to natural or juridical persons including government-owned or controlled corporations are Class Notes: Why the difference in treatment? withdrawn upon the effectivity of the Code. in this Decision. 1984. 1984-Dec. including a department. The SC however states that this ruling is solely with respect to the purported realty tax liabilities of NPC for the period from June 14. Exempted from real property taxes on from the local governments. (ii) a province. vested with special Chairman of FIRB. (ii) all machineries and equipment actually. April 2. in his “Instrumentality" refers to "any agency of the National Government. and (vi) registered cooperatives. and nature. Republic of the Philippines" which the Admin Code defines as the "corporate governmental entity though which the functions of the government are exercised through at the Philippines. . this action. undue delegation of taxing power and was only signed by the Chairman of the FIRB. stock corporations. Exempted from real property taxes on the taxation. direct and exclusive use to which they are devoted are: (i) all lands buildings and improvements which The term government "instrumentality" is broader than the term are actually. we have 2 entities substantially similar but treated “Republic” : boarder and synonymous with "Government of the differently. not FIRB as a board. where the SC en banc Class Notes: If Congress wants to tax an instrumentality. 1984 to December 31. However. or Summary: Section 2 of PD 1931 empowered the President and/or the GOCCs. city. the Republic. 7160 upon NPC’s tax-exempt status. expressly ruled that FIRB Resolution Nos. is not necessarily a GOCC which is taxable under the LGC. Hon. He also signed the same in his dual capacities corporations". All other exemptions capital stock. save as the contrary appears from the context. Hence." Summary: NPC was assessed by Lanao del sur of real estate taxes for NPC’s power plant complex for the period of June 14. MCIAA and MIAA have substantially the same charter. where applicable as in the case of and environmental protection. or. Hence.Section 234 of LGC provides for the exemptions from payment of real with the threat that the airport will be sold at a public auction if the property taxes and withdraws previous exemptions therefrom granted taxes remained unpaid. the SC ruled 1) Ownership Exemptions. vested with functions corporations engaged in the supply and distribution of water relating to public needs whether governmental or proprietary in and/or generation and transmission of electric power. character. the various arms through which NAPOCOR v. autonomy. and (iii) non profit it remains a government instrumentality exercising not only or religious cemeteries. Now. and enjoying operational June 30. 93 and was never validly restored since the FIRB Governments. and characterizing MIAA as a government instrumentality which is not a use of the property. in 2002. Under its charter. and owned by the Government directly or through its (iii) all machinery and equipment used for pollution control instrumentalities either wholly. As to FIRB Resolution No. exemption has been withdrawn. signed FIRB Resolution No. was still good law during the period the pursuant to its Charter (EO 903). whether November 19. to the extent of at least fifty-one (51) percent of its 4) Other Exemptions Withdrawn. De Roda. 1989. the provincial. Section Summary: MIAA operates the NAIA Complex in Pasay and Parañaque 534. (iv) a municipality. Macaraig. administering special funds. Title Four of Book IV. 10-85 which was made functions or jurisdiction by law. Jr. "National Government": the entire machinery of the central 1989 allegedly because the tax exempt status of NPC was withdrawn by government. it can. Pimentel: These exemptions are based on the ownership.

6938 are indicative of the recognition by Congress of the fundamental distinctions between Summary: In order to finance electrification projects. 2000 269 and cooperatives under 6938. However. and (3) even assuming that membership fee of 5 pesos is required. CENTRAL BOARD OF ASSESSMENT APPEALS There are two substantial distinctions between cooperatives under PD October 12. non-profit hospitals (Sec. cooperatives created under Philippine Rural Electric Cooperatives Association (PHILRECA). Under RA 6938. RA 7160. the limited and restrictive nature of the property is taxable and cited Benguet Corporation v Central Board of tax exemption privileges under the Local Government Code is Assessment Appeals where the Court ruled that a tailings dam is a consistent with the State policy to ensure autonomy of local permanent improvement not exempt from real property taxation. the they are government-owned. LRTA v.D No. 234 (e) of RA 7160). PHILRECA contends that their tax exemptions have been invalidly withdrawn. CA the validity of the aforementioned Sections of the LGC. PD 269 does not require cooperatives to make SC ruled that: (1) the subject improvements are not public property and equitable contributions to capital. government unit is granted the power to create its own sources of revenue. To qualify as a member of do not form part of the public roads. The principle adhered to by RA 6938 is the principle of subsidiarity. As regards the extent of government control. 193 of the LGC effectively withdraws assessment before the Local Board of Assessment Appeals on the exemptions from local taxation enjoyed by various entities upon the ground that the subject property is exempt from real property taxation effectivity of the LGC except for a) local water districts. The beneficiaries of these loan deemed registered with the CDA upon submission of certain agreements were electric cooperatives who are members of petitioner requirements within one year. Section 193 of the Local basis. Upon governments and the objective of the Local Government Code to grant appeal to the CBAA. treasurer showing that tat least 25% of authorized share capital has been subscribed and at least 25% of the total Summary: LRTA and MTO function as service-oriented business entities. . would through the proceeds of the loan [See footnote 1]. Likewise. Congress. 2009 Doctrine: It is clear from the tenor of Sec. 2003 The transitory provisions of R. in light of its broad power to tax. real property is classified for wherein the government may only engage in development assessment purposes on the basis of actual use. The P. while each show that the dam falls within the meaning of machinery or equipment. they form part of such roads. not to the general public. No.A. denied its claim. 234 them effective partners in the attainment of national goals. has the discretion Doctrine: The burden is upon the taxpayer to prove. (2) they are only accessible to the an electric cooperative in PD 269.” cooperatives. does not grant is exemption from real estate tax. Thus. With the passage of no longer apply. acting through the National Economic Council and the under the new Cooperative Code. only the payment of paying public. The Assessor. the Philippine electric cooperatives organized under P. provisions of P. Also. after which. including its Siltation withdraws exemptions enjoyed by all other entities upon the LGC’s Dam and Decant System. is largely a function of the role of the NEA. which . April 30. As regards capital contribution by members. DILG SECRETARY & DOF SECRETARY June 10. to assure them of substantial sources of revenue. Government Code is indicative of the legislative intent to vest broad taxing powers upon local government units and to limit exemptions In order to be exempt under Sec. 234(e). the ruling of the LBAA was affirmed alleging that genuine and meaningful autonomy to enable local government units to the subject property was neither a machinery nor an equipment but a attain their fullest development as self-reliant communities and make permanent improvement and therefore no tax exempt under Sec. are given three years within which to qualify loan agreements contain similarly worded provisions on the tax and register with the CDA. In contrast. Sec. which is defined as “the activities where cooperatives do not possess the capability purpose for which the property is principally or predominantly utilized nor the resources to do so and only upon the request of such by the person in possession of the property.D. The obvious (e) of RA 7160. by clear and to determine the extent of the taxing powers of local government units convincing evidence. The LBAA denied the appeal ruling that the and educational institutions. the documents that Marcopper submitted did not governments is beyond regulation by Congress. EO bonds of accountable officers and sworn statement of the 603. The CA reversed the ruling of the CBAA and held that intention of the law is to broaden the tax base of local government units the dam falls within the meaning of machinery. Article 128 of the Cooperative Code National Electrification Administration (NEA). No. as amended. PHILRECA v. it must be proved from local taxation to entities specifically provided therein. entered into 6 loan provides that all cooperatives registered under previous laws shall be agreements with the US Government. and (2) they are devoted the key factors which distinguished electric cooperatives to public use. under the RPT Code. Likewise. 1645 application of the loan and any property or commodity acquired which expand the powers of the NEA over electric cooperatives. Marcopper paid the taxes but appealed the effectivity. The SC ruled that Marcopper was not able to The Constitutional mandate that every local government unit shall sufficiently prove that the property was actually used to prevent enjoy local autonomy does not mean that the exercise of power by local pollution. the LGC. for violating the equal protection clause and the non-impairment clause. subscription has been paid and the paid-up capital share which provide valuable transportation facilities to the paying public. The importance of real property tax on its carriageways and terminals. and c) non-stock. PHILRECA filed a petition seeking to declare the unconstitutionality of Sections 193 and 234 of the LGC. they are subject to the payment of real property taxes. 269 and cooperatives Government. the extent of government control over electric cooperatives under PD 269. The definition of Summary: LRTA assails the assessment of the Manila City Assessor for a cooperative was stated in RA 6938. the LGC for real property taxes due on its real properties. The SC upheld PROVINCIAL ASSESSOR OF MARINDUQUE v. 269. . arguing that they capital contributions by members of a cooperative under RA are not taxable since (1) they are attached to government-owned 6938 was emphasized during Senate deliberations as one of national roads. In shall not be less than 2000 pesos. The under PD 269.D. LRTA’s charter. under the Real Property Tax Code. b) cooperatives because the dam is intended primarily for the prevention of pollution duly registered under RA 6938. In this case. the absence of any express grant of exemption in their favor. the decision of the CA was reversed and the rulings of the CBAA and LBAA were reinstated. 234 of the LGC that the real Summary: Marcopper Mining Corporation received a Notice of property owned by duly registered cooperatives under RA 6938 are Assessment from the Provincial Assessor of the Province of Marinduque tax-exempt and that with respect to real property taxes. that the property falls within the definition of machinery. Upon appeal to the SC. properties whose articles of incorporation must be accompanied with the beneficial use is assigned to taxable persons are taxable. all the way to the SC. that his claim for exemption has legal and factual consistent with the policy of local autonomy. No.

however. whether and categorically revoke or repeal Sec. However. fees.embraces machines. Applying Section 234(a) of the Local Government Code. exemption under Sec. a charitable suffice to affect the full exemption benefits granted the GSIS. are xxxx exempt from real property taxes. It cannot be owned by the Republic of the Philippines or any of its political substituted for “dominant use” or “principal use. after the enactment of RA 7942. logging. non-profit December 23. and (2) a provision is out-patient. and (2) That its real the LGC: SEC. fees or charges of any kinds on the National Government. the leased Katigbak property shall be property taxes under the 1987 Constitution and the LGC. Those areas used and leased to private entities are taxable. Erected in the middle of the lot is the Summary: GSIS owned 2 properties in Manila. enterprise is charitable or not is whether it exists to carry out a purpose reorganized in law as charitable or whether it is maintained for gain. or confined in the hospital. Lung Center invokes its exemption from the private entity which is liable. and exclusively used government grants to a taxable person the beneficial use of a real for pollution control and environmental protection. (o) Taxes. the installations and Marcos. paying or non-paying. its agencies and instrumentalities. and local government units. a pollution control device exception provided in Sec. not GSIS. unless the institution does not lose its character as such and its exemption from following are met: (1) The repealing clause must expressly. (but only with respect to those portions leased to private parties) LUNG CENTER OF THE PHILIPPINES v. directly. the exercise of parts of the hospital leased to private individuals are not exempt from the taxing powers of provinces. – The following properties are actually. CITY TREASURER Summary: The Lung Center of the Philippines is a non-stock. The City of Manila assessed both properties real being leased to private parties for canteen and small store spaces and to property tax for the period 1992-2002 and threatened to seize and sell Medical or professional practitioners for their private clinics and they both if the deficiency is not paid. and exclusively used for charitable are exempted from payment of the real property tax: (a) Real property purposes. or receives subsidies from the enacted to substitute or replace the exemption referred to herein as an government so long as the money received is devoted or used essential factor to maintain or protect the solvency of the fund. RTC: Assessment valid. A big SC: GSIS is not liable. the Authority is liable under RA 7160 is now defined to include “infrastructure” or to pay real property taxes with respect to those portions it leased with “improvement” and not just machinery or equipment. directly. 133. business or activity and which by their very be sold at public auction to satisfy the claim of the local government. real property taxes. The term usage means direct. is the direct and immediate and actual application of the property itself for charity and not the use of the income. The SC further ruled that despite holding the Authority liable. As a general principle. Summary: Philippine Fisheries Authority was created by President It includes the physical facilities for production. directly. As to the The land and the hospital building of Lung Center were assessed for property leased to a private entity. generally. – Unless otherwise provided herein. and barangays such taxes. it being a “port” The exemption granted under Sec.” What is meant by subdivisions except when the beneficial use thereof has been granted. said instrumentality becomes liable to pay real property tax. Exclusively means synonymous with solely. to a taxable person. which took effect in 1997 restored this full tax exemption. A claim for tax property taxes. In its administration it leased portion of the said port to self-propelled and those not permanently attached to the real property private businesses. or necessary to its manufacturing. RA 7160 removed this tax exemption. This exemption. Lung Center. 2004 GSIS v. The Supreme Court held that only for those real properties actually. Sec. IFPC cannot be levied without Congressional fiat. or private advantage. Those portions of the land occupied by the hospital and shall not extend to the levy of the following: portions of the hospital used for its patients. use. and exclusively used to meet the needs of real property taxes and in case the same fail to pay the taxes. as distinguished from mere potential. one of which is leased to hospital. 23 (e) of RA 7160 is based on usage. must be read in relation with Sec. equipment. altogether to the charitable object which it is intended to achieve. cities. 234 of the LGC. charge their patients for their professional services. instruments. portions of the land leased to private entities as well as those Government Units. IFPC will the particular industry. CA appliances or apparatus which may or may not be attached. the city of Iloilo assessed the Authority with which are actually. 2009 entity established by virtue of PD 1823. QUEZON CITY June 29. July 30. direct. 234(a) of prove: (1) That it is a charitable institution. assessments. duties of all kinds. mechanical contrivances. predominantly utilized by the person in possession thereof. and exclusively used for charitable Doctrine: GSIS is exempt from all taxes. taxes simply because it derives income from paying patients. . GSIS was exempted under its charter (PD 1146). 234. A repeal of this exemption in RA 8291 by a subsequent law would not profit. private entities. property owned by the Republic. Later. It was given the administration of the Iloilo Fishing Port appurtenant service facilities. the Authority falls under the However. charges or purposes. those which are mobile. government instrumentality are exempt mining. claimant must taxable pursuant to the "beneficial use" principle under Sec. nature and purpose are designed for. from real property taxes. 133(o) LGC: SEC. 39. It is the registered owner of a parcel of land in Quezon Avenue. 2007 permanently or temporarily. to be exempted from real The foregoing notwithstanding. Exemptions from Real Property Tax. This exemption was withdrawn by LGC 1991 but was returned by virtue of Doctrine: (When is one a charitable institution) The test whether an RA 8291. immediate and actual application of the property itself to the exempting purpose. 234 (e) must be supported by evidence that the the Court ruled that when an instrumentality of the national property sought to be exempt is actually. A big space at the ground floor of the building is a private entity. directly. Almost half of the entire area on the left side of the building is vacant and idle. with all assessments as of the passage of said law considered as paid. and is a public domain. PHILIPPINE FISHERIES DEVELOPMENT AUTHORITY v. It refers to This exemption. municipalities. 199 of RA 7160 defines Doctrine: Instrumentalities of the national government are exempt from actual use as the purpose for which the property is principally or local taxes pursuant to Section 133(o) of the Local Government Code. admits of an exception with respect to real concrete. RA 8291 purposes to a private enterprise. realty tax may be assessed but it is realty taxes by Quezon City. to the real property. Beneficial Use Doctrine Applicable (On exemption from real property taxes) Thus. industrial or agricultural purposes. commercial. Hence. and exclusive use of the property for charitable purposes for consideration or otherwise. specifically. self-powered or Complex. PD 1146 which established the GSIS exempted it portion on the right of the building is being leased for commercial from all taxes. actual. The SC ruled that. However. Common Limitations on the Taxing Powers of Local THUS.

In this case. the bond mandated in Section 267. the provisions allow the Republic to grant the beneficial Doctrine: A GOCC must be organized as a stock or non-stock use of its property to an agency or instrumentality of the national corporation. NHA is indisputably a tax-exempt entity whose exemption covers real property taxes and so its property should not even be subjected to any delinquency sale. and it fails to pass the “test of economic viability” under Sec. and more so where the tax exempt status of such plaintiff as basis of the suit is acknowledged. as stated in Sec. whose purpose it is to ensure the collection of the tax delinquency should not be required of NHA before it can bring suit assailing the validity of the auction sale. The GOCC must be established lost that status as to the Katigbak property when it contracted its for the common good. XII. 234(A) and 133(O) of the LGC. be met for Congress to create a GOCC: 1. The SC reversed and ruled that the PRA is an instrumentality of the government. Such grant does not necessarily result in the loss of the tax corporation but it is vested with some or all corporate powers. to a taxable person. 1991. 133(o) LGC. PRA is not a GOCC as it is neither a stock or non-stock corporation. It said that it is a stock corporation with capital stock divided into no par value shares. however. The tax exemption that the property of the Republic or its GOCC. the requirement is not applicable if the plaintiff is the government or any of its agencies as it is presumed to be solvent. . Iloilo filed a MTD contending that s267 of LGC dictates that a court only Under Sec. August 20. and that is exemption from taxes granted under its charter was withdrawn by Sec. 234(a) of the LGC corporation. 234 of the LGC. The RTC sided with Paranaque. and instrumentality need not be organized as a government. real property owned by the Republic is acquires jurisdiction if the complainant pays a deposit equivalent to the exempt from real property tax unless the beneficial use thereof has amount of real property that was sold in the auction. XII of the 1987 Constitution. it was a Reclaimed lands are reserved land for public use. Art. 2012 Summary: The Philippine Reclaramation Authority (PRA) reclaimed lands in Paranaque. CA that said that the basic principle behind Sec. 2(1) of the Introductory Provisions of the Administrative Code. viability. as a government instrumentality. The Paranaque City Treasurer levied the lands because PRA was delinquent in paying for the real property taxes on them. Paranaque argued that PRA is not an instrumentality of the government but a GOCC based on Sec. for a consideration or otherwise. arguing that it is exempt from paying real property taxes because it is an instrumentality of the national government and thus exempt under Sec. GSIS. PHILIPPINE RECLAMATION AUTHORITY July 18. PRA filed a TRO but this was denied and so Paranaque proceeded to auction off the lands. "beneficial use thereof has been granted. for consideration or otherwise. RTC granted the motion to dismiss. Perforce. 16. defined in Sec.Read together. 16. To be a exemption. and 2. Based on Sec. sided with NHA. two conditions must is not a taxable juridical person under Sec. Properties of public dominion as not subject to execution or Doctrine: The deposit precondition is an ingenious legal device to foreclosure sale. 193 of the LGC. a taxable person. NGA filed a complaint to annul the auction sale. guarantee the satisfaction of the tax delinquency. 3 of its charter. They are properties of tax-exempt entity. The ownership of such lands remain with the State reversed. to a taxable person. The test of economic viability does not apply to government entities NATIONAL HOUSING AUTHORITY v. 2008 Instrumentalities perform essential public services for the common good and need not be economically viable since the government may Summary: Iloilo auctioned off a lot owned by NHA because NHA was not even subsidize their entire operations. Art. CA affirmed." GSIS. ILOILO vested with corporate powers and performing essential public services. NHA answered been granted. REPUBLIC v. an agency or instrumentality must be a a stock or non-stock instrumentalities carry ceases only if. that it was not liable under s267 because the provision requires a deposit only from taxpayers and by virtue of certain statutes. The Court cited MIAA v. paying realty taxes. PD 1084. PRA filed this petition for certiorari. SC public dominion. of the 1987 Constitution. The SC also declared the certificates of sale as void because the lands levied are of public dominion. unless they are withdrawn by law or presidential proclamation for public use. with the local government unit keeping the payment on the bid price no matter the final outcome of the suit to nullify the tax sale. 133(O) of the LGC is that local government cannot tax the national government. The GOCC must meet the test of economic beneficial use to MHC. Thus. Certificates of Sale were issued pursuant to the auction sale. PRA also prayed that the certificates of sale be cancelled because the lands sold are government property outside of public domain.

Imprisonment shall not be less than 1 month nor more than 6 months . LIMITATIONS: 1. The penalties shall be imposed at the discretion of the court Omission of Property from Assessment or Tax Rolls by Officers and Other Acts (Sec. Other Officers 1. at discretion of court . Delaying the disposal of delinquent real property by the treasurer. Intentional violation or failure to perform any duty imposed upon him relating to assessment of a taxable real property 2. Or both. Same penalties b. at discretion of court B.000 2. Penalties: a. Imprisonment not less than 1 month but not more than 6 months c.000 . Or both.000 nor more than P5. Penalized under Sec.000 b. 519 are willfully or negligently: a. Assessor’s omissions penalized 1. Fines not less than P1. Officers who willfully fail to discharge their duties relative to the administration of real property tax provisions of the LGC or to assist the assessor or treasurer in such administration are punishable 2. Fine shall not be less than P1. Filing of an appeal against its assessment 2.000 b. Fine of not less than P100 nor more than P1. Tax Collectors 1. 516) . Obstructing the prompt disposal of delinquent real property by any local official or employee 2. Assessment of real property or b. may prescribe: a. Imprisonment of not less than 1 month nor more than 6 months c. Certain omissions by assessors or officers charged with assessing real property are punished: a. Penalties: a. Penalties a. Willful or negligent underassessment d. Except that insofar as fines are concerned. The sanggunian is authorized to prescribe fines or other penalties for violation of tax ordinances . 517) A. Willful failure to assess any real property b. Imprisonment of not less than 1 month but not more than 6 months c. or b. For Sangguniang Barangay. Intentional omission of any real property from inclusion in the assessment or tax roll c. Acts punishable: Government officials who intentionally and deliberately delay: a. Penalties: a. Or both.000 nor more than P5.000 to P5.000 b. Fine ranging from P1. at discretion of the court Failure to Dispose Delinquent Real Property at Public Auction 1. Realty tax collectors who willfully or negligently fail to collect the tax due on real property and institute necessary proceedings to collect the tax shall face the same penalties as mentioned above C. Fine of not less than P500 and not more than P5. 518) 1. the minimum imposable fine is P500 Government Agents Delaying Assessment of Real Property and Assessment Appeals (Sec. VIOLATIONS OF TAX ORDINANCES Penalties for Violation of Tax Ordinances (Sec.

4 withholds 10% of the LGUs IRA pending evaluation of the 1. WHAT ground? In the event of an unmanageable public IRAs are a regular. too. 2004 ." As a rule. 1. 23% for Cities PIMENTEL v. The SC ruled that the IRA should be 2. required to be done AUTOMATICALLY When? Within the first 5 days of every quarter The shares shall NOT be subject to any lien and may THE PROVINCE OF BATANGAS v. The petitioners are assailing the internal revenue taxes (Sec. Barangay. the Automatic Release of Shares (Sec. . SHARES OF LGUs IN THE PROCEEDS OF NATIONAL TAXES ALVAREZ v. 285) It is the release . recurring item of income. 287) declare unconstitutional and void certain provisos contained in the . Congress cannot provide for less than 40% as IRA in its GAA. WHO may reduce? The President 2. President consult with the Senate President. This is mandated by no less than the Constitution. city. The petitioner assails the constitutionality of 2. while Sec. 34% for Municipalities July 19. and 2001. 20% for Barangays Summary: The president enacted AO 372 where sec. 35% for 1993 included in the computation of the income. Population – 50% emerging fiscal situation. At least 20% of its annual IRA must be appropriated by an General Appropriations Acts (GAAs) of 1999. The IRAs E. and Budget funds or transfers referred to when the Code speaks of “funding b. Doctrine: Pursuant to the precept of Local Autonomy. its instrumentalities and the house. A current fiscal year GAA is not a proper amendatory law of the LGC . its share shall not be less than P80. 2000. 30% for 1992 requirement for conversion. They thus constitute income which the local government can invariably rely upon Reduction of LGU Share as the source of much needed funds. Equal Sharing – 25% The SC ruled that sec. the IRA is based on the regularly and automatically accrue to the local treasury without need of national internal revenue tax collections of 1990 any further action on the part of the local government unit. Population – 60% directly to the LGU concerned within five (5) days after every quarter of b. presidents of the Leagues (Province. Releases of shares of the LGU of the internal revenue taxes are meaning. Share of LGUs: after deducting the IRA. does not meet the 20M minimum income 1. 4 is invalid for it encroaches upon the fiscal . petitioned to Local Development Projects (Sec. Share of LGUs in the IRA shall be allocated as follows: 1. For fiscal year 1993.” Municipality. REQUISITES: technical definition and meaning all its own as used in the Local a. 284) constitutionality of the RA on the ground that the income of Santiago. 40% for 1994 and onwards . Governor of Batangas. 286) term "shall" is a word of command that must be given a compulsory . to sector deficit on the part of the national government classify the same as a special fund or transfer. 23% for Provinces 2. GUINGONA INTERNAL REVENUE ALLOTMENT January 31. Speaker of support from the national government. Each share of each province. Government Code that unequivocally makes it distinct from special Interior and Local Government. while determined on the basis of the following formuala: sec. Note also that it is not the appropriation that is automatic! Criteria for Sharing LGU Allotments (Sec.g. Land Area – 25% the said provision as being violative of the fiscal autonomy of the LGUs. government-owned-or-controlled corporations. 1 is valid because it is merely advisory and not mandatory. Automatic release shall not be subject to any conditions Summary: Herminaldo Mandanas. SK) c. Basis of tax sharing – the tax collection of the third fiscal year Doctrine: The IRAs are items of income because they form part of the preceding the current fiscal year gross accretion of the funds of the local government unit. the Constitution and the LGC both mandate the automatic release of the LGUs’ share in . It be recommended by the Secretaries of Finance. imperative. Equal Sharing – 40% the year and "shall not be subject to any lien or holdback that may be imposed by the national government for whatever purpose.000 per annum Doctrine: A basic feature of local fiscal autonomy is Balance is allocated on the basis of the following the automatic release of the shares of LGUs in the national internal formula (on the 3rd year of LGC effectivity and revenue. nil is there a basis. and municipality shall be government units to reduce their expenditure by at least 25% . 3. City. AGUIRRE 3. 1996 Summary: RA 7720 was passed converting the municipality of Santiago IRA (Internal Revenue Allotment . 2000 4. Barangays with at least 100 inhabitants. insofar as LGU for development projects they uniformly earmarked for each corresponding year the amount of P5billion for the Internal Revenue Allotment (IRA) for the Local Government Service Equalization Fund (LGSEF) & imposed conditions for the release thereof. since IRAs have a 3. therefore. The Local thereafter): Government Code specifies further that the release shall be made a.The share of the LGU in the national into an independent component city. ROMULO NOT be withheld for ANY reason May 27. Reduction must not go below 30% of the internal Class Notes: revenue collections of the 3rd fiscal year preceding the . 1 requires all . As for the share of each barangay: autonomy of the LGUs. 3. The provision is.

.” It will only be released only when the original revenue targets submitted by the President to Congress can be realized based on a quarterly assessment to be conducted by certain committees. The executive cannot disregard Constitutional provisions just because it has the backing of a statute. Petitioners assailed the above provision for being contrary to Article X. in which case what should be automatically released shall be a proportionate amount of the collections for the current fiscal year. Therefore. The adjustment may even be made on a quarterly basis depending on the actual collections of national internal revenue taxes for the quarter of the current fiscal year. The only possible exception to the mandatory automatic release of the LGUs’ IRA is if the national internal revenue collections for the current fiscal year is less than 40 percent of the collections of the preceding third fiscal year.) The Court invalidated the provision. While the Constitution gave the executive branch the duty to automatically release the just share of local governments in the national taxes. Doctrine: Article X. This is tantamount to saying that the Constitution can be amended by a mere statute. ACORD v. Section 6 of the Constitution – the same provision relied upon in Pimentel – enjoins both the legislative and executive branches of government.the national revenue taxes. such releases cannot be subject to conditions. ZAMORA June 8. Section 6 of the Constitution (for subjecting the release of the IRA to a condition vs. 2005 Summary: The General Appropriation Act for the year 2000 set apart a portion of the IRA as “unprogrammed funds. automatic release of the IRA as mandated by the mentioned Constitutional provision. it also enjoins the legislature not to pass laws that might prevent the executive from performing this duty.

296) mining. B. water. unless otherwise provided by law. If natural resources are located in 2 or more cities: in fulfillment of the purpose for which the trust was created 1. LGUs are granted the power to . 304 – 354. If the person or entity is a public agency. charges Fundamental Principles the government agency or GOCC would have paid if it were not exempt Title 5. Sec. as far as practicable. etc. municipalities. Sec. cities.) which CREDIT FINANCING are being utilized and developed anywhere in the country Under Title 4 of Book II of the LGC. Share of LGUs in the proceeds from utilization and (g) Local governments shall formulate sound financial plans. 40% of the gross collections derived by the national Browse through Sec. C. Where natural resources are located in ICC or HUC 1. 2. 1. 291 applies (whichever will produce a higher share for the LGU) a. 19 . and 1. 305) a province: (a) No money shall be paid out of the local treasury except in 1. municipalities. 70% population or the funds received. and . forestry. 2. Internal revenue collections from the national wealth through General Policy (Sec. and operations of Allocation of Shares (Sec. 70% population local funds. If natural resources are located in 2 or more provinces. be harmonized with national development plans. and collection thereof shall at all times be acknowledged properly. shares (d) All monies officially received by a local government officer in determined by the following criteria: any capacity or on any occasion shall be accounted for as 1. fees. Any LGU may create indebtedness and avail of credit charges. 290) . fines. royalties. and barangays. 30% land area (e) Trust funds in the local treasury shall not be paid out except D. Book II on Local Fiscal Administration governs the conduct and management of financial affairs. Special Law cited in the Syllabus: RA 7076 (An Act Creating a People’s SHARE OF LGUs IN NATIONAL WEALTH Small-Scale Mining Program and for other purposes) . fishes. 40% of mining taxes. 294) . 2. or barangays. Any LGU may avail of credit lines from government or . Livelihood and Energy Projects (Sec.Among themselves. and fishery activities in the form of taxes. or b. 293) – Within 5 days from the end of permit or require the possession or custody of local funds every quarter. but take note of Sec. 65% to the city (c) Local revenue is generated only from sources expressly 2. LGU Shares for Development. 45% to the component city or municipality 3. goals. 1% gross sales or receipts of the preceding LOCAL FISCAL ADMINISTRATION calendar year. and development of national wealth are intended for: local budgets shall be based on functions. LGUs may share the proceeds thereof with the inhabitants in create indebtedness from government financing institutions or the area by way of direct benefits domestic private banks to fund local infrastructure or other socioeconomic development projects and to stabilize local finances Share of LGUs in the National Wealth (Sec. 292) . 304 on the fishery charges and such other taxes. LGUs shall have an equitable share in the proceeds derived Code. NOTE: This is on TOP of the IRA private banks and lending institutions for the purpose of stabilizing local finances . 296. LGUs are distributed as follows: A. transactions. and such officer shall be to remit the share of LGUs to the local treasurer accountable and responsible for said funds and for the safekeeping thereof in conformity with the provisions of law. forestry. and Browse through Sec. interests. 20% goes to the province pursuance of an appropriations ordinance or law. the share of the provinces. Local livelihood projects (h) Local budget plans and goals shall. joint venture or production sharing socioeconomic development projects in accordance with the agreements over such activities are to be shared with the approved local development plan and public investment LGUs having jurisdiction over the areas devoted to the program utilization and development of national wealth 2. Shares of LGUs: 1. Where natural resources utilized or developed are located in Fundamental Principles on the Financial Affairs of an LGU (Sec. in terms of expected results. government agencies or GOCCs concerned are required shall be properly bonded. 30% land area (f) Every officer of the local government unit whose duties LGU Shares remitted directly (Sec.The revenue to be derived by the Government from Share In the Proceeds from the Development and Utilization of National the operation of the mining program herein established shall Wealth (Sec. 35% to the barangay (b) Local government funds and monies shall be spent solely for public purposes. minerals. activities. 2. component cities. 35% to the barangay authorized by law or ordinance. 2. They are technical provisions but just government from utilization and development of the remember that LGUs are expressly given the power to incur indebtedness national wealth by private persons or entities for the purposes mentioned in Sec. 289) be subject to the sharing provided in the Local Government . 295 – 303. Local development projects projects. from the utilization and development of national wealth within their respective areas “National Wealth” means the natural resources of the nation (land. forests. or shares of the central government facilities to finance local infrastructure and other in any co-production.

as determined and declared by the local budget and are therefore already subsisting obligations of the local sanggunian concerned. GARCIA the local government units in their respective local December 8. for which the local chief executive needs prior authority from the sanggunian "In case of fire or conflagration. the budget source . the appointing power of the Vice- Governor is limited to those employees of the Sangguniang (i) Local budgets shall operationalize approved local Panlalawigan. Gov claimed that the no prior authorization is required budget in each fiscal year of operation. terms and conditions.e. however. Resort to the appropriation disbursement of the calamity fund." "reclamation projects" or "roads and bridges. this does is an obvious need for a covering contract for every specific project that not extend to the officials and employees of the Sangguniang in turn requires approval by the sanggunian. should the appropriation ordinance describe the projects in Section 466 of the Local Government Code. should be understood to Provided. the appropriation ordinance already being sufficient. drainage and sewerage. 2005 Should the appropriation ordinance. ATIENZA v. the authority to appoint casual and job Specific sanggunian approval may also be required for the purchase of order employees of the Sangguniang Panlalawigan belongs to the Vice. The question of whether a sanggunian authorization separate from the appropriation ordinance is required should be resolved depending on "The local development council shall more monitor the use and the particular circumstances of the case. the Governor retains the units and provide for equitable allocation of resources authority to appoint the said employee pursuant to Section 465(b)(v) of among these component units. no further authorization is Panlalawigan. Summary: COA conducted a financial audit on the Province of Cebu and found out that several contracts were not supported with a (l) Fiscal responsibility shall be shared by all those exercising Sangguniang Panlalawigan resolution authorizing the Provincial authority over the financial affairs. sanggunian. Act No. operations of the local government units. are those which bind produced by some adverse circumstance or event or any great the local government unit to new obligations. ordinance nor encompassed within the regular personal services and maintenance operating expenses. as well as those of the Office of the Vice-Governor.. salaries are paid out of the funds appropriated for the Sangguniang Panlalawigan. for instance. Gov Garcia sought reconsideration of this findings. and No. even if this employee reports to budgets incorporate the requirements of their component the Vice-Governor or is assigned to his office. filed an action for declaratory relief (m) The local government unit shall endeavor to have a balanced with the RTC. strategies in order to optimize the utilization of resources of their salaries is what sets the employees and officials of and to avoid duplication in the use of fiscal and physical the Sangguniang Panlalawigan apart from the other employees and resources. as required under Section 22 of R. The authority of the Vice-Governor to appoint the officials and employees of the Sangguniang Panlalawigan is anchored on the fact that the salaries of these employees are derived from the appropriation specifically for the said local legislative body. RTC ruled that no prior authorization is required. transactions. "Calamity shall be defined as a state of extreme distress or misfortune. Rep. flood control. As a corollary. 22(c) on the other hand. Contracts. without waiting for its resolution. or new contracts which requires authorization of the rehabilitation. In the same manner. The Court rules that due to decentralization the powers required. 346. reconstruction and other works or services in provincial board. i. officials of the province. On the reside with the Vice Governor and his signing authority is evidenced by other hand. not proper and must be dismissed due to the breach committed prior to 324(d) of LGC) the filing of the action. Indeed. Panlalawigan because such authority is lodged with the Vice- Governor. Accordingly. if the salary of an employee or official is (j) Local government units shall ensure that their respective charged against the provincial funds. as used in Sec." "inter-municipal waterworks. and irrigation Doctrine: The Governor has the authority to appoint officials and systems projects. and Governor to enter into a contract. government unit. of the local government unit or other areas affected by sanggunian has already authorized thru ordinances enacting the annual a disaster or calamity." there employees whose salaries are paid out of the provincial funds. because the expenditures incurred are already authorized by the appropriation ordinances of the previous year which are deemed re- enacted. whether they were mere Five percent (5%) of the estimated revenue from regular sources shall disbursements pursuant to the ordinances supposedly passed by the be set aside as annual lump sum appropriations for relief. SC ruled that the case must be remanded because the action for declaratory relief is Special Law cited in the Syllabus – RA 8185 (An Act Amending Sec. The trial court should have determined the character of the questioned contracts.A. VILLAROSA May 10. with their corresponding misfortune or cause or loss or misery caused by natural forces. However. (k) National planning shall be based on local planning to ensure that the needs and aspirations of the people as articulated by QUISUMBING v. 2008 development plans are considered in the formulation of budgets of national line agencies or offices. 7160. 7160. goods and services which are neither specified in the appropriation Governor. That such fund shall be used only in the area. or a pertain to payments for statutory and contractual obligations which the portion thereof. already contain in sufficient detail the project and cost of a capital outlay such that all that Summary: The issue started when the Governor invalidated the signing the local chief executive needs to do after undergoing the requisite authority of the Vice Governor over the affairs of the Sangguniang public bidding is to execute the contract." ordinance is necessary in order to determine if there is a provision therein which specifically covers the expense to be incurred or the contract to be entered into. as used in Sec. Doctrine: Disbursement. whose development plans. generic terms such as "infrastructure projects. connection with calamities which may occur during the budget year. the calamity fund shall be utilized only for relief operations.

city or municipality a Committee on Awards to decide the winning bids and questions of awards on procurement and disposal of property. procurement of donation from an LGU to a government instrumentality. Second and Third Neither does Sec. the donation was unfair to Tarlac Province.000. GSIS (3) negotiated purchase. SISON v. Administrator demanded from GSIS the value of the lot donated.00). 1409. the local accountant. and dismissed the complaint. . The Committee on Awards shall be composed of the local chief executive as chairman. custody and disposal of supplies by LGUs and other aspects of set. the local general services officer. Tarlac Province donated Doctrine: RA 7160 explicitly provides that. SC ruled that he failed to GSIS v. The Provincial (2) emergency purchase.00).000. supplies may be affected after personal canvass of at least three (3) responsible suppliers in the locality by a committee of three (3) Doctrine: There is nothing in the LGC which expressly states that the composed of the local general services officer or the municipal or lack of an appraised valuation renders the transfer void. 364. When Gov. Sison was found guilty of violation of Section 3(e) of RA 3019. "acquisitions of a lot to GSIS. and December 1.000.—There shall be in every province. IN THE LGUs Occidental Mindoro. Cojuangco was in office. RTC found the (5) purchase from other government entities.: Sec. 119 bags of Fortune cement. irregular or unlawful transactions do not occur. care. the local budget officer. Sison appealed to the SC. computer and its accessories. The Committee on Awards at the barangay level shall be the sangguniang barangay.—Upon approval by the Committee on Awards. as members. A post-audit investigation revealed that during his incumbency. “The Committee on Awards.00)” transfers. the local treasurer. Yap was elected. for the latter to build an office building. It also guarantees that no personal preference is given to any supplier and that the government is given the best possible price for its procurements. procured. ruling For personal canvass. The lack of such head of office or department for whose use the supplies are being valuation cannot overturn substantive and vested rights. An appraised barangay treasurer. Fourth Class and Below— (P20. The award shall be decided by the Committee on Awards. 355-383. PROVINCE OF TARLAC follow requirements of the LGC on government acquisitions. Toyota Land Cruiser. A deed of donation supplies by local government units shall be through competitive and MOA were executed therefor. PEOPLE March 9. finding that there was no prior valuation of the property. and a supply management at the local levels. A transfer of property by an LGU to an instrumentality of government Purchases under this Section shall not exceed the amounts specified without first securing an appraised valuation from the local committee hereunder for all items in any one (1) month for each local government on awards is NOT one of the void contracts enumerated in Art. unit: Municipalities: First Class— (P150. two Desert Dueler tires. Sec. no public bidding was conducted for the purchase of a See Sec. he bidding. These provisions govern the procurement. Hence. under the belief that (1) personal canvass of responsible merchants. SC reinstated RTC. donation valid. and the valuation is merely a formal and procedural requisite. and the head of office or department for whose use the supplies are being procured. 2003 affirmed his conviction. alleging for and his guilt not proven beyond reasonable doubt. the local accountant." The only exceptions are: sought to re-evaluate the donation and the MOA. Sison was the municipal mayor of Calintaan. 381. In case a head of office or department would sit in a dual capacity a member of the sanggunian elected from among its members shall sit as a member.” The requirement that the canvass and awarding of supplies be made by a collegial body assures the general public that despotic. 367. certain construction materials. Tarlac Province filed a complaint for declaration (4) direct purchase from manufacturers or exclusive distributors of nullity of the donation and the MOA before the RTC. Summary: While Gov. No national official shall sit as member of the Committee on Awards. CA reversed. an electric generator utilization. 2010 PROPERTY AND SUPPLY MANAGEMENT Summary: Rolando E. as the case may be. “Procurement through Personal that such valuation is not a condition sine qua non for the validity of a Canvass. as a rule. LGC expressly prohibit or declare void such Class— (P40. refused to pay.

2013. such as barrio councilman. No.” b. G. the Court explained that the mere PEOPLE v. merely orders the perpetrator barangay and the city/municipality concerned to desist from (a) causing physical harm to the woman or her 2.” and to “maintain public order in the barangay. . or (b) when the offender is a public officer or employee. 384-439 Sanggunian concurrence Special Laws cited in the Syllabus 5. Also a mandatory appointive official (Sec. barrio policeman and barangay leader. Melchor Recto was a barangay 11 Garcia v. 2001 existence of certain facts and to apply the law thereto in order to determine what his official conduct shall be Summary: RTC found Julio Recto guilty beyond reasonable doubt of (1) and the fact that these acts may affect private rights do two counts of the complex crime of qualified direct assault with not constitute an exercise of judicial powers. RA 9285 (An Act to Institutionalize the use of Alternative The Barangay Assembly (Sec. THE LOCAL GOVERNMENT UNITS 4. 53 – Applicability of the Kataranguang months who are citizens of the Republic. without a public uprising. Community Brigades (e. 2. in his unavailability. Mangrobang. shall employ force or intimidation for the attainment of any Functions are enumerated in Sec. and any person who comes to the aid of persons in authority. by any the adoption of measures for the welfare of the available Barangay Kagawad. 389 of the purposes enumerated in defining the crimes of Appointment of barangay officials by the punong barangay is subject to confirmation by the majority of rebellion and sedition tantamount to rebellion/sedition all members of the Sangguniang Barangay 2. or (c) when the 2. Initiate legislative process. 2014. Anti-VAWC10: The Barangay Protection Order issued by 1. This function is purely executive in nature pursuant to his or her duty under the Local Government Code to “enforce all laws and ordinances.) by any person or persons who.g. June 25. G. by direct 3. and (3) homicide (Emiliano Santos). chief tanod but at the crime scene he was a mere bystander. barangay tanod of Ambulong.R. 395) amending RA 6686) a. he was not engaged in the performance 10 of his official duties” at the time he was shot. is charged with the maintenance of public order and the protection and security of life and property. at least 15 years of Pambarangay. (2) the complex crime of qualified direct assault with murder (Macalipay). or seriously intimidate or resist (a) Enforcement of laws relative to pollution control any person in authority or any of his agents. Citing jurisprudence. As a forum Doctrine: Direct assault. Sangguniang Barangay – 7 members offender lays a hand upon a person in authority Powers and functions are outlined in Sec. Magdiwang. RECTO fact that an officer is required by law to inquire into the October 27. RA 9285 does NOT repeal. Sangguniang Kabataan chairman provision of law or by election or by appointment by competent authority. January 22. “on the occasion of such performance. Punong Barangay 1. Neither was he attacked Sir sent this via email. Composed of actual residents of a barangay for at least 6 a. 179264. Functions: 4. No.”11 frustrated homicide (Melchor Recto and Brgy Captain Orbe). As a primary planning and implementing unit 3. However. Decide on adoption of initiative as a legal process child. 4 – All officials and employees of LGUs may receive 6. Romblon was clearly an agent of a person in authority. employ force. Tanod Brigade and Disaster 2. Other officials the same benefits of this act a. amend. Melchor Recto. 391 and 392 An agent of a person in authority is “any person who. Drilon. 397 and 398) Dispute Resolutions System in the Phhilippines) . Barangay Treasurer 1. and (2) threatening to cause the woman or her child 3. without a public uprising. Sec. 387) in two ways: 1. while engaged in and protection of the environment the performance of official duties.) by any person or persons who. or on occasion of such (b) Administration of barangay justice or the performance more common form of assault Katarungang Pambarangay (c) Holding of annual palarong barangay 2nd is aggravated when (a) the assault is committed with a weapon. Lupong Tagapamayapa (1) Chargeable against their local funds b. 394) Appointed by the Punong Barangay subject to See Sec. See also Tua v. SC modified the conviction as to Barangay – The barangay discharges 3 seminal functions: Melchor Recto stating that there was no direct assault because he was 1. 170701. As a basic political unit not engaged in the performance of duty. a crime against public order. may be committed Chief Officials and Offices (Sec. recommend to Sanggunian the Punong Barangay or. or age and are registered in the list of barangay assembly modify the jurisdiction of the Katarungang members Pambarangay under the LGC . Sec. Hear and pass upon the semestral report of the physical harm. Sanggunian concerning its activities and finances a. In this case.R.000. RA 9178 (An Act to promote the establishment of Barangay Brigade) Micro Business Enterprises) – See compilation 3. RA 8441 (An Act Increasing the Cash Gift to P5. Barangay Secretary THE BARANGAY Mandatory appointive official (Sec. Among his more important powers are: shall attack.

the Subject Matter of Amicable Settlement (Sec. neither an appointment nor a city/municipality replacement is effectual. 1997 See Sec. compilation of Special Laws for full text) Amicus curiae. 404) – x x x. subcontractor. dispute relates to the performance of his official functions Where the tenure of the office is not fixed by law. Pangkat ng Tagapagkasundo (Sec. 399) August 27. or who are government units. 4. former Senator Aquilino Q. 43 of RA 7160 Katarungang Pambarangay conciliation procedure (See which reduced the term of office of all local elective officials to 3 years. A Pangkat is constituted for each dispute brought before the For efficient. the power of appointment is to be exercised CONJOINTLY by the differences Punong Barangay and a majority of all the members of the sangguniang PROVIDED they are residents of the same barangay. and other appointive barangay officials. and 515. contractor. citing Sec. Where one party is a public officer or employee. Pimentel. the barangay determined by the drawing of lots by the Lupon secretary. under Sec. Sec. The Commission shall continue to exercise original and or modified accordingly. No. an arbitration agreement. In its repealing surveyor. the punong barangay shall: Three members who are chosen by the parties to a “x x x x x x x x x controversy from a list of members of the Lupon “(5) Upon approval by a majority of all the members of the sangguniang If parties fail to agree on the composition. or any subdivision provision in the LGC that treats of the power of the Punong Barangay to or instrumentality thereof. RA 7160 states that “all general and special laws x x x which are policy in a construction project. Offenses where there is no private offended party 5. Offenses punishable by imprisonment exceeding 1 year useful rule to consider that the power to remove is deemed implied in or a fine exceeding P5. It specifically and definitively provides in Sec. PD 1508 was expressly repealed office is 5 years. EXCEPTIONS: Aside from what may be implicit in Section 389. Special Laws cited in the Syllabus The Solicitor General agreed with David. The Lupon shall have authority to bring together the parties of a controversy together for purposes of settling their Thus. quantity it governs the term of office of barangay officials. DAVID v. . RA 9285 (An Act to Institutionalize the use of Alternative COMELEC. that “the term of office of barangay officials… shall be for three directly or by reference whether such parties are years. they shall be barangay. who were composed of the members to be appointed by the Punong Barangay baragay treasurer. Composition: 1. among members of the indigenous cultural communities through their traditional cultural Doctrine: On how the power of the punong barangay to replace or structures appoint includes the power to remove: “Section 389. and ruled that Dispute Resolution system in the Philippines RA 7160 repealed the previous laws and reduced the term of office of a. it is a sound and 3. the purpose of Lupon which is the general welfare of the barangay and its inhabitants . He submitted both appointments to the Sangguniang This is without prejudice to the settling of disputes Barangay for approval. remove the barangay secretary. Disputes involving parties who actually reside in barangay. Punong Barangay as chair Summary: Alquizola.” Chairman The term “replace” embraces not only the appointment of the replacement but ALSO the prior removal of. barangays of different cities or municipalities EXCEPT when such barangay units adjoin each other and parties thereto agree to submit their differences to amicable settlement by an appropriate Lupon . In turn. or the vacation by. effective and economical governance. and other appointive barangay .” It is a special provision. Chief Executive: Powers. and appointive barangay official from office. inconsistent with any of the provisions of this Code are hereby repealed b. And so he sought prohibition to stop the elections on his third year of office. 408) official currently occupying the appointive position concerned. and Functions. The Sanggunian rejected the appointments. . 1493 – these are guidelines on the repealed by RA 7160. 399-422. original and exclusive jurisdiction of the Construction Industry Arbitration Commission shall include: Doctrine: RA 7160 is a set of laws that specifically applies to local (1) Those between or among parties to.000 the power to appoint. barangay secretary. arguing that RA 6679 was not 1. SC Admin Circ. Objective: To bring controversies among barangay residents oficials. agreed with 2. and RA 7160 is a special law insofar as project owner. Iligan 2. COMELEC THE KATARUNGANG PAMBARANGAY April 8.” exclusive jurisdiction over construction disputes although the arbitration is "commercial" ALQUIZOLA v. he appointed new barangay treasurer and as barangay to an amicable conclusion secretary. appoint or replace the barangay treasurer. . the barangay treasurer. Where one party is the government. 35 – Construction disputes which fall within the baranggay officials to 3 years. the punong barangay of Brangay Tubod. Duties. 43-c otherwise bound by. Jr. 1999 . Without such conjoint action. The SC agreed with COMELEC and Pimentel. bondsman or issuer of an insurance clause. Where the dispute involves real properties located in On how the power of the punong barangay to appoint is subject to the different cities or municipalities approval of the Sangguniang Barangay: UNLESS parties agree to submit to amicable The power of appointment of is to be exercised conjointly by the settlement by an appropriate lupon punong barangay an a majority of all the members of the sangguniang 6. or any other 2. as reiterated in RA 6679. Composition: pursuant to Section 16 of this Code. OCOL The Lupong Tagapamayapa (Sec. terminated the services of Ocol et al. COMELEC disagreed. 10 to 20 actual residents or workers in the barangay as City. The LGC is now the governing law on Summary: Barangay chairman David is contending that his term of Katarungang Pambarangay. there is no other 1. GENERAL RULE: All disputes are submitted to the Lupon . 2 of RA 6653.

Uy filed a Motion to Dismiss Between actual residents of respondent or any of the raising the complainant’s non-compliance with the Katarungang different barangays but within respondents actually resides at Pambarangay Law. Morata filed a MTD for the to dismiss arguing that the Punong Barangay. 416) The prescriptive period becomes automatically suspended for a . proceedings should have been conducted as required by the LGC. The Izquierdos filed a complaint Summary: Sps. Summary: Felicidad Uy leases from Susana Atayde a portion of a Venue (Sec. complaints. A petition to nullify the award has been filed before the proper court Summary: The Zamoras. There were confrontations before Doctrine: The conciliation process at the barangay level. 1508 as a pre-condition for filing a complaint in court. Morata before the Cebu CFI. Izquierdos. After the expiration of the lease contract. CONTRERAS determine in the interest of justice or upon September 26. It turned into a physical fight prompting Between actual residents of the the lessor Atayde to file a complaint with the barangay. the Doctrine: Section 412(a) of R. saying that the conciliation process is mandatory only for cases cognizable by inferior courts (MTCs. An amicable settlement entered into by the parties before the maximum period of sixty days when the complaints were filed with the lupon or pangkat and an arbitration award issued by the latter lupon. or proceedings to be filed with a lacking which the case can be dismissed. Non-compliance with that condition precedent could make a complaint vulnerable to Conciliation (Sec. such non-compliance is not a jurisdictional matter which the following instances: would deprive a court of its jurisdiction. 7160 requires the parties to Court disagreed with Judge Tomol and restrained Judge Tomol from undergo a conciliation process before the Lupon Chairman or further proceeding with the case [until the barangay conciliation the Pangkat as a precondition to filing a complaint in court. In this case. is of water installation was discussed but also the terms of the lease and compulsory not only for cases falling under the exclusive competence of the proposed execution of a written contract relative thereto. The complaint becomes afflicted with the vice of pre- NOTE: Prior referral to Lupon is NOT Jurisdictional maturity. An effort to effect an amicable settlement of disputes before condition is analogous to exhaustion of administrative remedies. Upon appeal to the SC. Such other classes of disputes which the President may UY v. The issue before the SC was property or the larger portion interest therein the propriety of dismissing the action. 2004 2. have the force and effect of a courts judgment AFTER 10 days UNLESS the settlement: ZAMORA v. this title must not prevail over the actual issues discussed in the proceedings. Where the fact of non- 1. or the the lupon or the pangkat is a condition precedent for lack of earnest efforts to compromise suits between family members. CFI Judge Tomol denied the MTD. 1994 recommendation of DOJ Sec. While it is the metropolitan and municipal trial courts. The . MeTCs). On the other hand. The Zamoras applied for a water installation but was not given by an owner’s consent by the attorney of MORATA v. court of law . Lupon of barangay were the real she had to file the criminal cases with the court. precedent for the filing of a complaint in Court. No. However. an argument arose between them when Uy sought to remove her PARTIES LUPON properties from the bilding. Where actions are couples with provisional remedies 4. Therefore. actions. conducted conciliation proceedings. Sps. Where a person has otherwise been deprived of before the court first taking cognizance of the complaint. 412) dismissal on the ground of lack of cause of action or prematurity. did Sps. GO the Izquierdos. lessees. she Lupon of said barangay same barangay did not attend the conciliation meetings and instead sought the filing of Lupon of the barangay where the the information with the MTC against Uy. the complainant argued that the same city/municipality the option of complainant offense was about to prescribe and that before the offense prescribes. Where the action may otherwise be barred by statute of The precise technical effect of failure to comply with this requirement is limitations much the same effect produced by non-exhaustion of administrative remedies. process is conducted].D. prescribed by the barangay chairman on 9 different dates wherein not only the issue P. The lower court Judge Involving real property or any Contreras denied the Motion to Dismiss. Go’s failure to allege prior availment of barangay conciliation not constitute the Pangkat ng Tagapagkasundo before whom mediation process as required by PD 1508. Failure Doctrine: Conciliation process at the Barangay level is a condition to raise such is waiver. HEIRS OF IZQUIERDO 1. the Punong Barangay. Where accused is under detention compliance with such procedure has been seasonably raised as an issue 2. learning Objections to venue must be raised before the punong barangay. Pahintulot Sa Pagpapakabit Ng Tubig’. dismissal of personal liberty calling for habeas corpus the action is proper. petitions. Effect of Amicable Settlement (Sec. but for actions cognizable true that the Sertifikasyon is entitled ‘Ukol Sa Hindi Pagbibigay Ng by the regional trial courts as well. did not pay the increased rental imposed by the lessor. as Chairman of the Lupong Tagapamayapa. The Zamoras filed a motion against Sps. The Izquierdos obtained a Certification to File Action. thereof is located Between parties arising at the Lupon of the barangay were the The SC dismissed the action for non-compliance with the Revised workplace or at institutions of workplace or institution is located Katarungang Pambarangay Law under the LGC. 7. 1983 with the Izquierdos but no conciliation was made. . as Lupon Chairman. 3. or November 18. Has been repudiated.A. it may be waived if not seasonably raised complaint becomes vulnerable to a motion to dismiss. Zamoras had several confrontations in the barangay October 27. The controversy is not ripe for judicial determination. The . EXCEPTIONS: Direct recourse to courts may be resorted to in However. Go filed a complaint for recovery of SOM plus damages for unlawful detainer against the Zamoras. 409) building for her beauty parlor.

actions of certiorari. From the filed with the RTC a complaint for annulment of Sheriff’s Certificate of date of the commission of the alleged offense. The parties failed to reach an amicable certification to file action. 2002 Ramon Magsaysay. complaint. claim to the ultimate relief sought. CA dismiss. the latter refused to vacate the subject property thereafter. finding that. The SC. The SC found Judge Hernandez guilty of gross ignorance of the law Summary: The RTC granted Surla’s motion to dismiss Boleyley’s and was ordered to pay a fine of P2. De MENDOVA v. reversed. which is a Motion for Reconsideration. Sps. The Supreme Court ruled that the administrative complaint was premature. Idolor then (such as slight physical injuries) prescribes in two months. Gumersindo then filed an extrajudicial settlement.e. SC ruled that non-compliance with the baranagay conciliation proceedings does VERCIDE v. CA reversed the RTC and annulled the an administrative complaint against Judge Afable for ignorance of the preliminary injunction. Idolor acknowledged the outstanding loan obligation Summary: Complainant Abraham Mendova alleged that Robert Palada and was given a 90-day grace period to settle the account. the question of jurisdiction would almost February 7. Capt. or in construction or application of procedural or substantive law or legal principle) include a motion for reconsideration (or after rendition of a judgment or final order. When Idolor failed to pay.) are inter alia the special civil however. Court of Appeals. within the same barangay failed to settle the case amicably at the barangay level. a petition for change of venue.. Pambarangay but this is an illustrative case on an amicable settlement by the Office of Barangay Capt. more than two months Sale with prayer for TRO and writ of preliminary injunction. On appeal. In his Decision. residents of . which issued a the Brgy. Judge Afable stated that a light offense The property was sold in a public auction to Gumersindo. the filing of the complaint with the office of the Brgy. capricious.In Diu vs. in jurisdiction. The SC did not adopt the recommendations of the OCA. The law provides ample judicial remedies against errors or (On Novation) Where the parties to the new obligation expressly irregularities committed by a Trial Court in the exercise of its recognize the continuing existence and validity of the old one. error in appreciation obligation. there Doctrine: Jurisdiction of the court over the subject matter of the action is no requirement for them to submit their dispute involving real is determined by the allegations of the complaint. 2000 of barangay conciliation proceeding in his answer. VILLANUEVA case because there is no allegation of bad faith or knowingly rendering September 14. against Daria Lagas Galleros. for otherwise. An administrative lease contract. the parties met nine (9) times at the Office of Occidental. whether or not the plaintiff is entitled to recover upon all or some of the claims asserted therein. a resident of Misamis constituted.. etc. 1999 an unjust judgment. Judge Afable dismissed the complaint on the ground of prescription. whimsical. a AQUINO v. The ordinary remedies against errors or irregularities other words. irrespective of property to the Lupong Tagapamayapa. and appeal. JUDGE HERNANDEZ not remove the courts of its jurisdiction. It is thus manifest that there was substantial compliance complaint was thereafter filed against Judge Hernandez for abuse of with the law which does not require strict adherence thereto. 2008 The extraordinary remedies against error or irregularities which may be Summary: Aure filed a complaint for ejectment with the MeTC against deemed extraordinary in character (i. Idolor failed on this undertaking which prompted Gumersindo to file a On February 18. Summary: A suit for recovery of possession of a piece of land located in Misamis Occidental was filed by Vercide and his wife. as implied from the allegations in the because the parties do not reside in the same city or municipality. RTC issued have elapsed. which can be a subject of a motion for Doctrine: Pursuant to the provisions of Section 410(c) of The Local execution.000 with a warning that repetition complaint for a sum of money on the ground that it was not previously of the same act will be dealt with more severely. The Office of the Court Administrator recommends the dismissal of the BOLEYLEY v. However. AURE motion for new trial). physical injuries. Aquino did not raise lack April 6. despotic Aquino. Mendova filed his complaint with the Office of motion for execution before the Office of the Brgy. Mendova filed with the Office of the Court Administrator the writ of injunction. the SC held that “while the Pangkat was not Dipologo City. Aure alleged that after they give the money to Aquino. the Court ruled that where parties do not reside in the same city or municipality or in adjoining barangays. Government Code of 1991. there was no need to submit the dispute to the Lupong Tagapamayapa however. Mendova filed with the MCTC a complaint for slight foreclosure of the real estate mortgage.” authority and ignorance of law. RTC affirmed MeTC judgement. SC affirmed the CA. of Brgy. however. Chairperson interrupted the prescriptive period and started (On Injunction) It is always a ground for denying injunction that the to run again upon receipt by the complainant of the Certification to File party seeking it has insufficient title or interest to sustain it. which governs in determining venue. or a motion for MeTC dismissed the case on the ground that the parties belonging inhibition. exercise of power or neglect of duty. committed the crime of slight physical injuries on February 15. QC which resulted in a Kasunduang Pag-aayos. Hence. 1998. Doctrine: In Tavora v Veloso. CA reversed. 1998. or admission of evidence. where. as the case may be. there can be no novation. 2001 entirely depend upon the defendant. who dismissed the Barangay Chairman for conciliation wherein not only the issue of the suit for failure of the parties to refer the issue to the Lupong water installation was discussed but also petitioners’ violation of the Tagapamayapa before filing the same in court. The OCA found him guilty. The SC found that referred to the barangay lupon or pangkat for conciliation. Chairperson. The jurisdiction of the court cannot be made to depend upon the defenses set up in the answer or upon the motion to IDOLOR v. Mendova should have availed Doctrine: There is no doctrinal pronouncement on Katarungang of a judicial remedy. and no Action or Certificate of Repudiation issued by the Pangkat Secretary. December 4. law. AFABLE Guzman filed a complaint before the Office of the Brgy. In the Kasunduan. prohibition or mandamus. The case was decided by Judge Hernandez. February 18. Surla and Boleyley did not reside in the same city or municipality.e. Summary: Teresita Idolor obtained a loan secured by a Real Estate Mortgage from Gumersindo De Guzman. Here. He cannot later use such defense to ask for the dismissal of the case. the parties expressly negated the lapsing of the old which may be regarded as normal in nature (i. Capt.

the parties to the juridical entities. (7) Offenses where there is no private offended party. except in the following dismiss. and the couple clearly an appropriate Lupon. MANACNES-DAO-AS different cities and municipalities. They are free to find action. (8) Disputes where urgent legal action is necessary to prevent The Lupon made an arbitration award and Pang-et filed with the MCTC injustice from being committed or further continued. SC affirmed DOJ. 2012 Summary: Agbayani filed a complaint against Genabe for grave oral defamation. conciliation is the same produced by non-exhaustion of administrative remedies -. so the Lupon issued a certificate to file action (the of different cities or municipalities. CA June 25. the only necessary pre-condition before any case falling employee relations within the authority of the Lupon or the Pangkat may be filed before a (12) Actions to annul judgment upon a compromise which may be court is that there has been personal confrontation between the parties filed directly in court but despite earnest efforts to conciliate. In (11) Labor disputes or controversies arising from employer- other words. amicable settlement of disputes through conciliation proceedings (c) Actions coupled with provisional remedies such as voluntarily and freely entered into by the parties. signed by the daughter only). the office of the city prosecutor found probable cause. Class Notes: Can a change of name be the subject of conciliation? No. MCTC or detention and CA ruling upheld. attachment. the (6) Offenses for which the law prescribes a maximum penalty of MCTC ordered the Lupon to issue an Arbitration Award since an imprisonment exceeding one [1] year or a fine of over five agreement for arbitration was entered into by the parties (the one thousand pesos. AGBAYANI v. conciliation or settlement has been reached. an action for enforcement of said award. (3) Where the dispute involves real properties located in PANG-ET v. except where such daughter of the couple signed the agreement for arbitration on their barangay units adjoin each other and the parties thereto behalf. (Admin circular 14-93) All disputes are subject to Barangay maturity. and the controversy alleged is not ripe for judicial conciliation and prior recourse thereto is a pre-condition before filing a determination. 2007 agree to submit their difference to amicable settlement by an appropriate Lupon. During pre-trial. as attested to by the Lupon (10) Where the dispute arises from the Comprehensive Agrarian or Pangkat Chairman. but DOJ dismissed the complaint because it did not comply with the mandatory barangay conciliation as required by sections 408 and 409D of LGC. specifically the following: couple did not personally sign the arbitration agreement. there was a failure to amicably settle the dispute. or (b) it did not allege prior availment of said conciliation process. RTC: MCTC (a) Criminal cases where accused is under police custody reversed.the complaint becomes afflicted with the vice of pre. (2) Where one party is a public officer or employee and the dispute relates to the performance of his official functions. Where the complaint (a) did not state that it is one of excepted cases. but to no avail as the Igorot couple refused respondents. unless the parties thereto March 2. since only individuals shall be parties to case agreed to refer the matter for arbitration in the Lupon. partnerships or by Pang-et against an Igorot couple. delivery of personal are not compelled to settle their controversy during the barangay property and support during the pendency of the proceedings before the Lupon or the Pangkat. or (c) did not have a certification . to enter into any agreement for arbitration and insisted in pursuing the (5) Disputes involving parties who actually reside in barangays case in court. the case should be requirement of Section 412 of the Local Government Code on barangay dismissed. matter or over the person of the defendant. The complaint becomes vulnerable to a motion to complaint in court or any government offices. but this was disregarded by the Lupon as it should be the couple agree to submit their differences to amicable settlement by who would personally sign any agreement. MCTC reinstated. manifested their intention to pursue the case in court).Doctrine: The precise technical effect of failure to comply with the that no conciliation had been reached by the parties. before a case falling within the authority of the Reform Law (CARL) Lupon may be instituted in court or any other government office. so that non-compliance therewith cannot affect the (1) Where one party is the government. However. The disputing parties preliminary injunction. The parties Barangay conciliation proceedings either as complainants or appeared before the Lupon. and recourse in the courts in the event that no compromise is reached. (d) Actions which may be barred by the Statute of Limitations. Nevertheless. the conciliation process is not a jurisdictional disputes: requirement. (b) Petitions for habeas corpus by a person illegally deprived of his rightful custody over another or a Doctrine: The object of the Katarungang Pambarangay Law is the person illegally deprived of or on acting in his behalf. MCTC: Petition dismissed. What is compulsory under the Katarungang Pambarangay Law is that (9) Any class of disputes which the President may determine in there be a confrontation between the parties before the Lupon the interest of justice or upon the recommendation of the Chairman or the Pangkat and that a certification be issued that no Secretary of Justice. or any subdivision or jurisdiction which the court has otherwise acquired over the subject instrumentality thereof. it is a special proceeding and it is not adversarial. Doctrine: The compulsory process of arbitration is a pre-condition for the filing of the complaint in court. SC: Petition denied. Summary: An action for recovery of real property was filed in the MCTC (4) Any complaint by or against corporations. CA: RTC reversed.

Afterwards. ASSOCIATED LABOR UNIONS v. is 15 years (lowered from 21 to 18 by RA 9164) Note also that to qualify for membership. Before proclamation. political. 426 . intellectual. MCTCs. passed 18. in ruling that the election was invalid. Appointive officials: Miguel continued to serve as president of Liga-QC. 1994 SK elections Summary: Roberto A. Age limit for membership in the SK is 18 years. was put on hold on the ground that she was already 21 years and 10 Employees filed claims for holiday pay for the said date which was months old. a uniform constitution and by- . and was proclaimed as winner. RA 9340 – act amending RA 9164. he will still be allowed chapters" to serve the full term of the office to which he had been elected Article 210 (d) (3) of Rule XXIX: "incumbent presidents of the municipal. the new LGC took effect. For the meaning of “less than 18 years of age” see Garvida v. in spite of a. they must be Doctrine: Article 210 (f) (1) of Rule XXIX of the RRI: " [p]ending election duly registered in the list of the SK or in the official list of the presidents of the municipal. RA 8044 – act creating the National Youth Commission not make such election any less a regular local election. SALES April 18. 1. Sec. SK Secretary Miguel’s objections. provincial. 1994 GARVIDA v. city. or resign from office (Sec. the minimum laws must first be adopted prior to the holding of any elections. since the election. 429) members are cognizable by the Election Officer or EO as he is called in Section 6. b. and provincial chapters of the liga shall continue to Katipunan ng Kabataan (Sec. SK Chairman abolishing the Pambansang Katipunan ng mga Barangay and replacing 2. However. Marquez questioned the jurisdiction of the MTC. 210 [g] [3]). and physical development of its members the MTC on the ground that Marquez was already overage. The said constitution and by-laws was to be Duly registered in the list of the SK or in the official drafted by the committee created under Article 210 (f) (2) of the RRI. MCTCs. among other. Citizens of the Republic proclamation of Marquez. RA 7808 – act resetting the SK elections to the 1st Monday of Doctrine: SK elections are regular elections. city. The most important function of the SK is to initiate programs Summary: Marquez and Santos both ran for SK chairman. Miguel was elected President of KPB-QC. 1999 Powers and Functions of the SK . Marquez won to enhance the social. 3. and MeTCs. RA 9164 – act providing for a synchronized barangay and SK elections MIGUEL v. But after the election and proclamation. said that. 2. Innocent of any crime involving moral turpitude decided by the city/municipal Election officer whose decision shall be final”) applies only to proceedings before the election. resetting the barangay and February 23. 1997 Summary: Associated labor union and its employer AMS Farming entered into a collective bargaining agreement which provides. economic. a. English. Sales MARQUEZ v. They are outline in Sec. Special Laws cited in the Syllabus 1. that regular elections are paid holidays. . city. COMELEC August 25. Term of Office – SK Chair and members shall hold office for a period of 3 years. Section 6 of COMELEC Resolution No. province and Metropolitan . Able to read and write Filipino. die. under the old constitution and by-laws of the KPB-QC. Qualified voters of the Katipunan ng Kabataan Sangguniang Kabataan (including the chairman) – whether pertaining 4. barangay list . The Court upheld the Qualifications of SK Officials (Sec. Residents of the barangay for at least 1 year immediately to their eligibility or the manner of their election – is cognizable by prior to the election MTCs. 2824 5. an ad hoc committee elected a new set of officers. 10 defines the functions of the Commission 3. Art. 7 members it with the Ligas." Citizens actually residing in the barangay for at least 6 months The election of the first set of officers of the national and local chapters of the Liga cannot be held unless a constitution and by-laws for the Liga Who are 15 but less than 18 years of age on the day of is first adopted and ratified by the barangay national assembly (Rule election XXIX. Composition expiration of their term of office. and metropolitan of barangay residents in the custody of the barangay chapters of the Liga. Age Limit according to the RRI of the LGC of 1991. cases concerning eligibility of SK officers and permanently incapacitated. The President of the Phil Summary: Lynette Garvida’s proclamation as winner in the SK elections declared as a ‘special day’ the election day for Sangguniang Kabataan. CA 4. Santos filed an election protest before moral. Pending elections to be held under the LGC of 1991. The fact that only those May 1996. the same cases become quo warranto cases cognizable by MTCs. spiritual. or local dialect (“cases involving the eligibility or qualification of candidates shall be 6. But an SK official who had been elected when he was below 18 Manila shall continue to act as presidents of the corresponding liga but had. exceeding the age limit for membership in the Katipunan denied by the company on the ground that it is not a regular election in ng Barangay as laid down in Section 3[b] of COMELEC Resolution 2824. unless sooner removed for cause as provided by law. 428) (as amended by RA 9164) jurisdiction of the MTC since the case was filed after the election and 1. whch Composition of the SK was created under the old LGC. the incumbent presidents of the association of the secretary barangay councils in the municipality. and MeTCs. THE SANGGUNIANG KABATAAN the context of the CBA. SK Treasurer including a new president. The SC ruled that SK elections are considered as regular elections. cultural. unless sooner removed for cause. LETRONDO October 18. At least 15 years of age but not more than 21 on the day of their election Doctrine: So any contest relating to the election of members of the 3. and every 3 years thereafter between 15 and 21 take part in the election for members of the SK does 2. 424) – the barangay youth organization serve as ex officio members of the sanggunian concerned until the . The SC.

the member may be more than 21 on election day or on the day omissions constituting election frauds. Sec. It does not mean 21 the COMELEC is mandated to hear and decide cases first by division and years and one or some days. no further provision as to when The finding of probable cause in the prosecution of election offenses 2.SC. 424 of the LGC . elections within the next few months from the cessation of the cause of the postponement. this to conduct special elections even beyond the deadline prescribed by time in Barangay 28. COMELEC the COMELEC issued Resolution No. The COMELEC may fix other dates for the registration. 1. the case must first age of 21 during incumbency since Sec. including acts or THUS. Jr as SK Esmael Maulay issued a certification that there were no special Chariman of Brgy Incan. peaceful and The will of the people as expressed through the ballot cannot cure the credible elections. Sec. SC set aside Comelec resolution and Doctrine: In fixing the date for special elections the COMELEC should ruled that pursuant to Section 3. 423(b) allows him to serve the be heard and decided by a Division before review by the En remainder of his term Banc . COMELEC February 4. But in the exercise of COMELEC’s administrative function. COMELEC issued the Resolution as against Zarate who garnered 45 votes. 1999 13 August 2002 in the affected barangays in Lanao del Sur including the 5 barangays. one HOWEVER. But subsequently Acting Election Officer Summary: The Board of Canvassers proclaimed Julian Lallave. election cases shall be heard and decided in division. Doctrine: If the candidate is over the maximum age limit on the day of Doctrine: The grant by the Constitution to the COMELEC of the power to the election. and that the COMELEC en banc . The COMELEC erroneously perceived that the deadline in Section on how to cancel their previous registration. Pangasinan. Thus. declared Lallave as the SK Chairman COMELEC resolution. not mandatory. Subdivision C of Article IX of the held. They argued that they were in good faith and that their conduct of special elections when the same cannot be reasonably held letter to COMELEC should be treated as substantial compliance in within the period prescribed by law. the holding of have the authority to hear and decide the same at the first instance. ZARATE v. honest. Exception: when he reaches the . The COMELEC exercises the his election constitutional authority to investigate and. orderly. Subdivision C of Article IX of the see to it that: Constitution. cancelling their previous registration. and ruled that the ballots containing “JL” sufficiently identified Lallave and must be counted in his favor. The second must be determined in by the Commission en banc. It is only in the exercise of its adjudicatory or quasi judicial powers that not beyond 21 years. Malasiqui. 424 does not provide that the max age of a member of the SAMBARANI v. he is ineligible. agreed with COMELEC.” This is an adjunct to its constitutional duty to vice of ineligibility. Sec. Since Sec. prosecute cases for violation of election laws. Lallave appeal to the Comelec. COMELEC to assure the people of “free. They sent a letter to COMELEC asking for advice law. 3(b) of Com Res 2824 is ultra vires insofar as it sets the may go directly to En Banc age limit of a voter in the SK elections at exactly 21 on the day of election. suspension or failure to elect may still be considered “reasonably close to the date of the election not held. If in the exercise of quasi-judicial powers. the Court will not interfere with such finding of the than 21 on the day of election COMELEC absent a clear showing of grave abuse of discretion. The Commission. COMELEC Katipunan is determined on the day of election September 15. Zarate filed an election directing DILG to proceed with the appointment of Barangay Captains protest with the MTC which set aside the proclamation of Lallave ruling and Barangay Kagawads as well as SK Chairmen and SK Kagawads in that the ballots containing “JL” are stray votes and should not be accordance with the LGC since to hold another special election in these counted in favor of Lallave. 424 sets a maximum age of 21. Their MR was denied by COMELEC. nor will it validate his election. SC reversed the banc set aside the MTC decision. 428 provides that one must be at most 21 on the day of rests in the COMELEC’s sound discretion. 2003 The prohibition on conducting special elections after thirty days from the cessation of the cause of the failure of elections is not absolute. It is Summary: Reynato Baytan. They subsequently registered again. sitting en banc.” BAYTAN v. BUT he must not be more Generally. he registers as member of the Katipunan. Reynaldo Baytan and Adrian Baytan directory. So. Llave garnered 46 votes elections held on the said date. does not the light of the peculiar circumstances of a case. by the COMELEC en banc. (2) It should be reasonably close to the date of the election not Doctrine: Under Section 3. The COMELEC en banc 6 is absolute. It is not equivalent to less than 22 years then. enforce and administer all election laws. and the COMELEC possesses residual power registered in Barangay 18. offenses and malpractices. General rule is that en elective official of the SK must not be more Class Notes than 21 years on the day of election. provided that motions for reconsideration of decisions shall be decided The first involves a question of fact. Constitution. despite stating that COMELEC didn’t follow procedure to acquire did not have jurisdiction. upon motion for reconsideration. The fact that the candidate was elected will investigate and prosecute election offenses is intended to enable the not make the age requirement directory. Comelec en barangays as prayed for by petitioners is untenable. 2004 Summary: Due to a failure of elections in 11 barangays in Lanao del Sur. where appropriate. Meaning 21 365-day cycles. and. The case must be referred to a of the cause of the postponement or suspension of the Comelec Division election or the failure to elect. The phrase “not more than 21 years of age” means not over 21 years. and the SC proper jurisdiction declared Garvida ineligible for being overage. Failure by the COMELEC to exercise this power could result in the frustration of the true will of the A closer look at LGC will reveal that there is a distinction between max people and make an idle ceremony of the sacred right and duty of every age of a Member and max age of an elective SK official qualified citizen to vote. 5479 setting special elections on November 19. suspended or which resulted in the failure to elect. The COMELEC has broad power or authority to fix other recommended the filing of criminal cases against them for double dates for special elections. Comelec en banc does not have the authority to hear and (1) It should not be later than thirty (30) days after the cessation decide election cases at the first instance. This qualification is not provided in Sec.

Accountant municipality 5. consisting of a group of as may be prescribed by law or ordinance barangays. Ensures delivery of basic services under Sec. services. Those needed to ensure efficient and effective delivery of basic services (Sec. Exercises general and operational control and B. The Sangguniang Bayan. Mandatory Appointive Officials12 governance such as the power to approve and pass 1. and 444(b)(3) d. Additional Members of the Sanggunian supervision over local police forces in the municipality 1. A legal officer has the power to review all ordinances approved by the 3. whether wholly or partially (Sec. or 1. and 8. Subject to sanggunian concurrence 3. and other sectors as determined by a. Budget Officer c. By a majority vote of all members. regular. President of the Pambayang Pederasyon ng mga SK national officials or employees who violate any law in the 6. He has the power to appoint all officials and employees who effective governance of the inhabitants within its territorial jurisdiction are paid out of municipal funds. occupations. Representatives of the following sectors: performance of their official duties within the municipality a. The mayor may also cause to be charged administratively or Barangay judicially not only municipal officials or employees. 440) a. Secretary of the Sanggunian13 ordinances and resolutions 2. Engineering/building Official d. Other Appointive Officials (not mandatory) 1. It may 4. Initiates and maximizes the generation of resources and THE MUNICIPALITY revenues and applies them to the priorities defined in Sec. Those needed to regulate the use of land. In connection with the power to grant licenses lodged with it. Those needed for efficient and effective municipal C. 440-447. Enforces all laws and ordinances. Mayor appointed by Finance Secretary 2. UNLESS their appointment is lodged with other officials (1) Like in cases of the officials and employees of the Officials of the Municipal Government (Sec. or callings that DO NOT REQUIRE 12 GOVERNMENT EXAMINATIONS within its jurisdiction Appointed by the mayor subject to confirmation or approval by the majority vote of all members of the sanggunian concerned 7. professions. 18 LGC See Sec. 17 e. Also remember that he is the deputized representative of the c. projects. Those needed to generate and maximize the use of 3. implements it b. but also 5. Exercises such powers and performs such other duties Role of the Municipality – The municipality. Mayor’s salary grade: SG 27 2. Powers and Functions – categories: a. other forms of indebtedness The Mayor (Sec. 443) sanggunian who are appointed by the Vice Mayor A. It also has the power to create offices and positions for the municipal government The Sanggunian checks the major appointments and may create other offices necessary to carry out the functions of the municipality. Social welfare and development officer scope of their powers 6. Those needed to tax or regulate business activities 6. and direct services and 2. Salary range of members: SG 25 13 The Secretary is appointed by the Vice-Mayor 14 Treasurer and Assistant Treasurer are appointed by the Finance Secretary from a list of 3 qualified persons submitted by the mayor . and activities 6. An administrator 2. like the Sangguniang Panlungsod. Architect 7. Regular members of the Sangguniang Bayan 4. Agriculturist Sangguniang Barangay and the EOs issued by the Punong 4. The 3 sectoral representatives 1. 2. Powers – in general: reliefs to entities engaged in COMMUNITY GROWTH a. Health officer structures within the municipality 9. and activities members b. Mandatory Municipal Elective Officials (2) Also. President of the Pedersayon ng mga Sangguniang Barangay of a city of province The Sangguniang Bayan (Sec. President of the Liga ng mga Barangay of a city or province 5. when approved. Environment and natural resources officer Barangay to determine whether or not they are within the 5. Assessor resources and revenues for the development of the 4. serves primarily as a general purpose government for the coordination and delivery of basic. Information officer 3. 447) 3. buildings. Planning and Development Coordinator including the grant of franchises in the municipality 7. 443) 5. President of the Municipal Chapter of the Liga ng mga 3. Labor (agriculture or industry) 4. incentives. the treasurer and assistant treasurer are 1. It also has the power to grant tax exemptions. implements all municipal programs. Women b. the Sanggunian may now regulate business. Vice Mayor b. the Sanggunian may also create other offices necessary to carry out the purposes of the authorize the mayor to negotiate and contract loans and municipal government. Urban poor. 17 LGC) D. indigenous cultural communities. Civil Registrar e. c. Formulates the law and order plan of the municipality the sanggunian concerned and. services. Treasurer14 b. of NAPOLCOM. projects. Exercises general supervision and control of all INDUSTRIES with the concurrence of at least 2/3 of all its municipal programs. so the mayor: the disable.

The information against Olivarez. authority and he was not without recourse to take appropriate action on the letter-application of BCCI although the same was not strictly in The fact that the municipal attorney and the fiscal are supposed to accordance with normal procedure. but this counsel of the municipality. OLIVAREZ v. Private prosecutor allowed UNITED BF HOMEOWNERS’ ASSOCIATION v. While a private prosecutor is allowed There was nothing to prevent him from referring said letter-application in criminal cases. rules and regulations. that is. is clear in providing that only the evidence. collaborate with a private law firm does not legalize the latter’s representation of a municipality. Because of this. the prosecutor represents of authority to act on the letter-application of BCCI. safety. Mendiola’s because it amounts to impairment of the contracts that BF Homes Pque authority to represent the Municipality of Pililla. 1995 pertinent provision of the LGC.A. wrote Olivarez requesting for a permit to operate. The CA dismissed the petition and private attorneys cannot represent a province or municipality in held that the Ordinance was a valid exercise of police power of the lawsuits. The within the powers of the Sangguniang Bayan. wherein the plaintiff is a municipality. but the environmental facts and circumstances are sufficient provincial fiscal and the municipal attorney can represent a to create a belief in the mind of a reasonable man that this would not be municipality in its lawsuits. the municipal council should request the (a) adopt a comprehensive land use plan for the municipality. Ombudsman. police power through zoning regulations. CA favor of BCCI because the latter never filed an application therefor with October 30. Summary: The Municipality of Pililla won a case against PPC. Mendiola. CA Summary: The Sangguniang Bayan of Pque enacted Municipal June 28. Whether Olivareswas impelled by any material interest or ulterior Section 1683 of the Revised Administrative Code. a private lawyer. 2. the officials the municipality in collaboration with the fiscal and the municipal in the Business Permit and Licensing Office were definitely under his attorney. he cannot really feign total lack Based on case law. 7160). The SC held that Atty. Pablo R. residential purposes only”. Inc. through a private law The SC held that there was probable cause for the filing of an firm filed a case for the recovery of a fishpond against the lessees. 447. is 1. in the plan. the use of property could not prevail over the reasonable exercise of 3(e) of R. Instead of engaging the Doctrine: Under Sec. completely improbable. absent countervailing clarification. CA where the SC ruled that into by BF Homes and homeowners. As the mayor of the municipality. (BCCI) charged. but which paradoxically he refused to do. subject to existing laws. Class Notes: Rules on Representation Lastly. morals and general welfare. the Business Permit and Licensing Office. the Sangguniang Bayan has the power to services of a special attorney. The Municipal City Mayor and other public respondents argue that he Ordinance was a valid exercise of police Doctrine: The matter of representation of a municipality by a private power and that such can supersede the contractual obligations entered attorney has been settled in Ramos vs. the defendants lessees It is not denied that on November 13. SC agreed with the CA and said that the enactment was handle the municipality’s case and such fact must appear on record. Summary: The municipality of Hagonoy. Ordinance. LGC. Bulacan. as complemented by motive may be beyond us for the moment since this is a matter of Section 3 of the Local Autonomy Law. and (c) enact integrated zoning ordinances in consonance with the approved comprehensive land use Summary: Baclaran Credit Cooperative. was rejected outright by him on the theory that the application should be made with the proper municipal official. That provision is mandatory. 1981 the proper office. assailing the constitutionality of said for such judgment’s execution on behalf of the Municipality of Pililla. Olivarez argues that there was no probable cause for the filing of an information against him. 1992. provincial fiscal of Bulacan and the municipal attorney of Hagonoy entered their appearance as counsel for the municipality with the Doctrine: On how a Municipal Mayor cannot deny absence of knowledge manifestation that its private counsel would be under their control and that he has the power to pass upon application for permits: supervision. Atty. Hence. Notwithstanding this appearance. The SC disqualified the law firm from appearing in the case. in the interest of public health. PPC questioned Atty. The UBFHAI together with other homeowners associations filed a petition decision became final. Criminal cases a. as a municipal mayor. The exception is that the provincial fiscal was disqualified to Municipality. 2007 MUNICIPALITY OF PILILLA v. (b) Secretary of Justice to appoint an acting provincial fiscal in place of the . filed a petition for prohibition with the CA. 3. Prosecutor b. Contractual restrictions on The Ombudsman thereafter filed an Information for Violation of Sec. The indifference shown by Olivarez to BCCI's application taints his Doctrine: A private law firm should not be allowed to act as counsel for actuations with dubiety. which says that the property shall be used “for Mendiola cannot represent the Municipality. an analogous arrangement is not allowed in civil cases to the licensing department. They claimed that such ordinance was unconstitutional When the case reached the CA. city pursuant to Section 444 (b) (3) (iv and v) of the Local Government Code Optional for municipality of 1991 (Republic Act No. had with lot buyers. 1994 Ordinance 97-08 which reclassified El Grande and Aguirre Avenues in BF Homes Pque from residential to commercial areas. SANDIGANBAYAN reclassify land within jurisdiction of the municipality subject to October 4. Parañaque Mayor Dr. He argues that no permit could be issued in RAMOS v. Civil cases – Legal Officer expressly authorized and has the power to issue permits and licenses Office of the Legal Officer is mandatory for province and for the holding of activities for any charitable or welfare purpose. through its general and sublessees moved to disqualify the law firm from serving as manager. BCCI. fiscal’s refusal to represent the municipality is not a legal justification for employing the services of private counsel. 3019 in the Sandiganbayan. it may not be amiss to add that Olivarez. Administrative cases – Legal Officer PARANAQUE CITY MAYOR February 7. by the exercise of the police power of the State. Olivarez with violation of the Sec 3(e) of RA 3019 or Anti-Graft and Corrupt Practices for The constitutional guaranty of non-impairment of contracts is limited unreasonably refusing to issue a mayor's permit.

Legal Officer. 2000 (2) when the municipality is a party adverse to the provincial government. Summary: Mancenido filed a petition for mandamus and damages with (3) when the municipality is a party adverse to another the RTC of Camarines Norte against the provincial board of Camarines municipality in the same province. The CA granted the appeal and government of Escalante. Summary: Zonsayda Alinsug was a regular employee of the municipal prohibition. granted the joint motion. Prosec. if granted. The Supreme Court ruled that the local officials involved February 4. et al. the hiring of private counsel is Municipality of Baliuag. through a private counsel. creditor or otherwise SC held that Judge Felix of RTC did not committed grave abuse of discretion in admitting the information filed by the provincial When is a municipality allowed to hire a private counsel? prosecutor and in directing Natividad’s arrest as the RTC has jurisdiction over the case. provincial attorney. arguing that said local officials should be represented by either the municipal legal officer or the provincial legal officer or NATIVIDAD v. CA The key to resolving this issue lies on the nature of the action and the March 3. provincial treasurer. hence 3. in a case involving the municipality. and the suspension carried official capacity. Romanillos appeared a collaborating counsel for the his right to redress for a valid grievance. which the August 23. only when a formal offer of evidence has been made. not the RTC. her to the Office of the Mayor. A provincial governor sued in his official capacity may hire a private Regalado to adopt the proceedings participated in by Atty. and (3) in any case. school board. provincial government or another municipality or city within the The legality of his representation can be questioned at any stage of the province. April 12.. (2) Atty. permanent appointment as Clerk III in the office of the Municipal Mancenido appealed to the SC. et al. 1994 were properly represented by a private counsel.. . are not estopped since the issue can alleged that the local official acted in a wanton. could result in personal liability. et al. Negros Occidental. to investigate the Municipal government officials is sought. the Prov. Alinsug received an order from the new mayor detailing the Provincial Board. and attorney. et al. 15(1) of RA government to some other municipality or city in the same 6770. RTC the claim. Sandiganbayan. The SC ruled in favor of the Provincial Planning and Development Coordinator of the same municipality. In the case at bar. or when the provincial Norte. or be raised at any stage of the proceedings. except: MANCENIDO v CA (1) when original jurisdiction over the case is vested in the SC. provincial governor. or child. as affirmed by the CA. and injunction with the CA. Subsequently. She did not ask permission from the mayor. Provincial Board. Board and recognized the authority of the private counsel to represent Subsequently. and that the proper court which has jurisdiction is the province. When the municipality is a party adverse to the provincial conduct the preliminary investigation on the basis of Sec. when she received a recognized the authority of the private counsel of the Provincial Board. of the proceedings. lawyer when the complaint contains other allegations and a prayer for The RTC. that it municipality is vested in the SC. Romanillos to withdraw and for Provincial Atty. was the Ombudsman and not the Prov Prosec who had jurisdiction to 2. Ramos. When the original jurisdiction of case involving the investigation arguing that Judge Felix of RTC has no jurisdiction. the Provincial Natividad’s certiorari case before the SC. Lourdes. Prosec. oppressive. if any. When. provincial auditor (all of whom were represented by a private counsel) for the payment of unpaid salary increases for teachers. Alinsug absented herself from work to attend to family Doctrine: In resolving whether a local government official may secure matters. his wife. et al. Doctrine: Only the provincial fiscal. as heir legatee. is pecuniarily involved. It later issued an order recalling the said order granting the appeal. filed a notice of appeal. found that there was probable cause so he filed an information for murder before the RTC where Judge Felix was When is a provincial legal officer disqualified to represent in court a presiding. Regalado renders new trial unnecessary. 1993 RTC granted. Eventually private counsel. Where rigid adherence to the law on representation of local officials in court actions could deprive a party of Summary: Atty. Romanillos. questioned his authority to appear for the municipality. bring the case beyond the confines of official functions and where it is The SC ruled that (1) Ramos. The said local officials. or child. Alinsug filed an injunction case against the mayor and the damages sought which. pursuant to Section 1679 of the Revised Administrative Code. finding that moral damages which must be satisfied by the local official concerned (1) Ramos. (2) the status as collaborating malevolent manner. When may local government officials. the Where the allegations are aimed at questioning certain acts that can adoption by Atty. A joint motion was filed for Atty. the adverse party in the case. were stopped from raising the issue since they did so in his private capacity. the action involved damages. Romanillos. The RTC denied the motion. or his wife/ her husband. but (3) the local official’s actions were ultra vires and this may result in the adoption of Provincial Atty. 481 of the LGC] proceedings. sent a letter to the Doctrine: In instances where personal liability on the part of local PNP requesting the Tarlac Prov. FELIX prosecutor. and municipal attorney may represent a municipality in its lawsuits. The Provincial Board. Natividad moved to quash the warrant of arrest particular municipality? subsequently issued and to remand the case for preliminary 1. secure the services of private counsel? RAMOS v. The RTC rendered a decision in favor of Mancenido and ordered the payment of ALINSUG v. is pecuniarily involved in the case. In view of suspension. sued in their official capacity. Alinsug asked the court to expunge from the records their Answer.provincial fiscal who has declined to handle and prosecute its case in When the municipality is an adverse party in a case involving the court. Summary: The widow of Severino Aquino. they may properly secure the services of Mayor Arnulfo Natividad of Tarlac for the death of Severino. the nature of the action and the relief sought are to be with it forfeiture of certain benefits and leave credits during her considered. 1997 relief that is sought. was merely a collaborating counsel. filed their Answer. filed a petition for mandamus. hiring of private counsel is justified because the counsel cannot validate the unlawful representation. respondents was properly represented by private counsel. The mayor issued the services of private counsel in an action filed against him in his an Order suspending Alinsug for one month. incurrence of personal liability. [Sec. municipal treasurer.. Regalado cured the defect. She complied with the said Order. proper.

. 1 which amends Sec. the appointment of petitioner failed to comply with the mandatory requirement of Section 443(a) and (d) of R. such as the Municipal Budget Officer. Montuerto. NOT EXCLUSIVE ORIGINAL jurisdiction. 444 LGC or implied therefrom. 7160. acts through a resolution or an ordinance. 4 (a)(2) shows that 2 requirements must concur for an offense to fall under the Sandiganbayan’s jurisdiction: (1) The offense committed by the public officer must be in relation to his office and (2) The penalty prescribed be higher than prision correccional or imprisonment of 6 years or a fine of P6. on her part. By no stretch of imagination or logic. After 10 years. SB issued a resolution for the revocation of Montuerto’s appointment. can we construe that the alleged act falls under any of the functions of the municipal mayor in Sec. a robbery and NPA suspect. TY October 6. SC ruled that the law is clear and that under Section 443(a) and (d) of the Local Government Code. shall be appointed by the mayor with the concurrence of the majority of all Sangguniang Bayan members subject to civil service law. TheSanggunian. 2008 Summary: Montuerto was appointed as a budget officer by the mayor without obtaining the concurrence of the SB. Absent such resolution of concurrence.000 The SC cannot accept Natividad’s specious argument that the alleged offense was committed in the performance of the mayor’s responsibility to maintain peace and order on the pretext that the victim.Doctrine: A perusal of PD 1861.A. No. was under investigation at the time when he was allegedly killed ta the police station. Doctrine: Verbal concurrence allegedly given by the Sanggunian is not the concurrence required under R. Sec. the head of a department or office in the municipal government. Assuming arguendo that the act satisfied the requirement that the same must be in performance of official functions. 7160. as a body. MONTUERTO v. rules and regulations. send to SB a joint affidavit of the majority of the Sanggunian showing that her appointment was verbally concurred in in an SB Session. still it cannot be overlooked that the OMB has only primary jurisdiction over cases cognizable by the Sandiganbayan.A. SB also sent to the CSC 201 file of Montuerto to show that the SB did not concur to her appointment. No.

City Administrator permit. a city accountant. is considered a general-purpose government for the delivery of basic. a city treasurer. 457-458) effective governance of its inhabitants 1. Independent Component Cities – Cities whose charters 3. exercises such powers and her. the Chief of the Legal Affairs and Complaint consolidate the functions of any office for efficiency and economy Services of the Division of City Schools of Manila. City Optional Officials – may be appointed by the Mayor cannot be implemented. like the municipality. City Treasurer January 20. or any other sector b. Regular members wanting to become cities to P100. DECENA 5. City Secretary CANET v. Powers (Sec. Composition: a. As the legislative body of the City it has the power to officials enact ordinances. City Accountant Summary: The Sangguniang Bayan of Bula. a 3. 452 (3) Urban poor or the indigenous cultural a. President of the City Pederasyon ng mga SK Classification of Cities (Sec. Powers.000. an ordinance is required for the Mayor to be compelled to issue a 13. and direct services to and The Sangguniang Panlungsod (Sec.(a) There shall those of the municipal mayor be in each city a mayor. City Architect without the justification of a municipal Ordinance is a violation of Sec. 14. 4. a city engineer. a city budget officer. --. City Mayor b. a city health officer. City Engineer not grant it because according to her. a Municipal Ordinance is required 11. regular. 1999 The Sanggunian has the power to maintain existing offices although not enumerated under Sec.. Mayor’s authority to file suits city assessor. City Environment and Natural Resources Officer 6. approve resolutions. Sangguniang Panlungsod members 4. a city planning and Authorized by Sec. a city Municipal Mayor and Provincial Governor civil registrar. create others as may be necessary. Three sectoral representatives: 1. 455) formal investigation pursuant to a charge of grave misconduct against 1. and functions are essentially the same as Doctrine: SEC. City Budget Officer Resolution authorizing Canet to open and operate a cockpit. Essentially the same powers as those exercised by the annual income does not qualify them to be highly urbanized Sangguniang Bayan City Officials (Sec. City Cooperatives Officer AGUIRRE v. City Agriculturalist administrative prerogatives. even without prior authorization from the Sanggunian See Sec. City Assessor 7.000 communities or the disabled. the Mayor did 10. RTC: Ruled for Canet. and appropriate funds for the general welfare of the city and its 3. City Civil Registrar RTC. a city legal officer. Coverage: Suits FOR THE RECOVERY OF FUNDS AND THE CITY PROPERTY on behalf of the city. Component Cities – Cities that allow their voters to inhabitants participate in the election of provincial officials and whose b. (b) In addition thereto. 2004 6. Camarines Sur issued a 8. City Vice Mayor as presiding officer NOTE: RA 9009 increased the income requirement for municipalities b. City Mandatory Officials a. 451) e. DE CASTRO December 17. the city mayor may Take note that this was not amended by RA 9009 . NOTE: ALL Sanggunian members are elected 2. a city administrator. a city veterinarian. 454. SG 27 for highly urbanized cities 2. City legal officer denied her motion. However.000 for the last 2 consecutive c. a city social welfare and development officer. City Population Officer 5. CA/ SC: Overturned the 12. City Vice Mayor 3. it is the sec of DECS that has power to discipline 2. sangguniang panlungsod members. City General Services Officer Doctrine: As there is no ordinance allowing the operation of a cockpit. 455(b)(3)(viii). a vice-mayor. Salary Grade: A. Population = At least 200. a secretary to the sangguniang panlungsod. To compel the Mayor to issue a Mayor’s permit 1. or Summary: De Castro. 454. Highly Urbanized Cities – Cities proclaimed as such by the (1) Women’s President upon compliance with the income and population (2) Labor requirements in Sec. President of the City Chapter of the Liga ng mga years based on 2000 constant prices Barangay d. Canet 9. City Legal Officer 15. De Castro filed a MTD alleging that she reported to the Sec of DECS performs such duties and functions as the LGC and other and not the City Legal Officer. City Planning and Development Coordinator applied for a mayor’s permit for this purpose. City Health Officer before she could grant it. same with the development coordinator. CA pertinent laws provide and SC reversed. was asked by the City Legal Officer to appear before it for the purpose of conduction of a The City Mayor (Sec. Officials of the City Government. 2. Annual income = At least P50M based on 1991 Constant prices15 2. Resolution 049 authorizing Canet to open and maintain a cockpit B. Salary Grade: SG 30 The City. duties. City Information Officer 447 of the LGC (1991) and is an undue encroachment on the Mayor’s 3. 458) prohibit their voters from voting for provincial elective a. and a city 15 general services officer. 448-458 4. SG 25 for component cities 1. 454) 4. The chief executive of the city.

2002 mandamus and damages with the RTC. Authorizes the person (natural or otherwise) to FDA. This was denied. ruled that the revocation of the mayor’s permit of the San Sebastian Drugstore is null and void. After three days. Summary: Mathay issued a temporary business permit in favor of FFI. she asked permission from the FDA to allow the two drug stores to exchange Summary: Bistro filed a petition for prohibition and mandamus. from which it is derived in the first place. the permit expired. that is. he has no of San Sebastian Drugstore. which Optometrists sa Pilipinas filed a complaint before the Mayor that include De Castro. By extension. Chapter V. even if July 28. a city environment and natural resources officer. After hearing on the same a. FDA Administrator Regala directed the closure of the drug store the practice of profession for three days and payment of a fine of P100 for violation of RA 3720. A stern warning was given to Yambao. The FDA would have the right to disapprove the site of a drug store only if it would impair the health or other interests of the customers in contravention of the national laws or policies. regulate the practice of a profession. On the dame day. INC. the RTC power to order a police raid in the guise of inspection. said that. while the mayor has power indefinitely the mayor’s permit of Olongapo City Drugstore. the power to appoint and discipline first-level employees. 200 tablets engage in business or some form of commercial of valium were sold by the San Sebastian Drug Store without activity prescription. as did the CA. he sent a letter disapproving the transfer and suspending upholding the decision of the CA. the finding of violation of national laws must be made by the national agency. the SC ruled that include power to suspend.” prayer for TRO or writ of preliminary injunction against Mayor Lim for the latter’s acts. 1988 . where it does not conform to ordinances intended to promote the comfort and convenience of the city residents. YES. the mayor issued against FFI. the local executive would have reasons to object to the location. specifically the disruption of the operations of his The FDA granted this request. Culture and Sports. is specifically lodged with the regional director of the Acebedo violated that said conditions. FDA has jurisdiction to suspend licenses for violations of national law. INC. The SC. like that of optometry. with locations for reasons of “business preference. the FDA lifted the suspension order. the power to revoke is limited by the permits. ordinances. a city information officer. violation of its mayor’s permit because of the transfer of sites.Issued by the Board or Commission mayor’s permit. License to practice . for rampant violation of the tasked to regulate the particular profession Pharmacy Law and the Dangerous Drugs Act. Subsequently. While mayor has power to inspect and investigate private commercial Doctrine: The power to approve a license includes by implication the establishments for any violation of the conditions in their licenses and power to revoke it. but it is the mayor who was authority to suspend for these permits and licenses.appoint a city architect. This permit was subsequently cancelled after finding that violations of By revoking the mayor’s permit on the same ground for which the San its terms were committed by FFI. who has the power to supervise and Doctrine: A business permit is issued primarily to regulate the conduct direct the work of the employee concerned? of business and the City Mayor cannot. v CA city population officer. The TC ruled in favor of Bistro. FELT FOODS. Class Notes: Take note of the CONTROL TEST Such a function is within the exclusive domain of the administrative agency specifically empowered by law to supervise the profession GORDON v. mandatory injunction. FFI filed an action was in effect reversing the decision of the FDA on a matter that came seeking the annulment of the closure order and for a writ of prelim under its jurisdiction. There was no more legal right to protect since the permit and regulations before issuing the permit? had already expired by the time the action was filed by FFI. Distinction must be made between grant of license or permit to do business and issuance of license to engage in the Summary: The San Sebastian Drugstore and Olongapo City Drugstores practice of profession in Olongapo City were both owned by Rosalinda Yambao. effective the next day. through the issuance of such permit. Mayor Gordon issued a letter summarily revoking its 2. Class Notes: Sir does not believe that it should be a blanket prohibition the local executive has jurisdiction to suspend permits for violations of on raids. inspection. When Mayor Gordon was informed of nightclubs. However. Grant of authority to a natural person to engage in report. Section 7(4) of the Administrative Code of optical. In a “test buy” conducted by agents of FDA and the PC. a closure order was Sebastian Drug Store had already been penalized by the FDA. It enjoined Mayor Gordon from any act Doctrine: The power to issue business licenses and permits necessarily towards the closure of both drug stores. License to do business – granted by local authorities issued Mayor’s permits by the mayor and licenses to operate by the a. xxx Summary: When the mayor of Iligan issued business permit to Acebedo Under Book IV. a city agriculturist. The SC The source of the wages is not the only criteria in determining whether ruled in favor of Acebedo. Acebedo assails the mayor’s act and ultimately challenges the validity of the conditions imposed. Samahan ng mga 1987. CA mayor’s revocation. the mayor cancelled Acebedo’s permit. in this. VERIDIANO Class Notes: November 8. When she did not receive any reply. the payor may be deemed the employer. Consequently. she filed for August 12. 1999 approved by the FDA. The SC invalidated the issuance of the writ on the ground that the expiration of the permit had mooted the cause of Class Notes: Can the mayor require compliance with ALL national laws action of FFI. not the mayor . the presence of this clause does not invalidate the permit. However. MATHAY v. After hearing. it is the FDA that has authority to decide on the violation of pharmacy HOWEVER. They were 1. Department of Education. March 31. the most important factor is the control test. After investigating the matter. In fact. 2000 and a city cooperatives officer. or even refuse to issue the same. he has no power to order a police raid in the guise of authority to grant the license. On certiorari. Mayor to inspect and investigate private commercial establishments for any Gordon wrote the FDA to reconsider its decision allowing the operation violation of the conditions in their licenses and permits. a ACEBEDO OPTICAL COMPANY. such power is premised on violation of the conditions of and drug laws. revoke. it was burdened with several conditions. Yambao then asked for the reconsideration of the LIM v. .

2007 NOTE: Still. the only possible justification for the issuance of a subpoena Gotesco’s name. To allow local legislative bodies or Gotesco moved for the dismissal of Civil Case No. December 3. the mayor must necessarily be the one to sign the certification Refusal or willful failure of any party or witness to against forum-shopping. 1987 ordinance was deemed to have been properly reviewed and deemed to have taken effect. consignation of the purchase price and tax payments. through Mayor Malonzo. to reimburse the amount in excess of 1000. Then Mayor Asistio and Jose the legislature is. the pangkat chairman. Doctrine: The mayor has the authority to file suits "for the recovery of . but this was administrative agencies to exercise these powers without express denied. C- power partake of a judicial nature. C-18274. COA approved cannot correctly claim to possess it for the same reasons that the the sale on the condition that the price be increased. docketed as Civil Case No.” Mayors have RA 7160. Otherwise. But can they be granted by law of these powers? Yes. They brought the issue to CA. Section 458. 2002 Petron. and not a party to the case. was filed for annulment of sale and cancellation of title. They cannot be implied in the grant 18337. suits. par. DBM issued LBC 55 imposing 1000 of the MOU. the ministerial duty to enforce ordinances as long as they have not been allows the grant of additional allowances to judges “when the finances repealed by the Sanggunian. under which.” The said provision does not authorize refuse to perform their duties of enforcement on the ground of an setting a definite maximum limit to the additional allowances granted alleged invalidity of the statute imposing the duty of enforcement. Go of Ever Gotesco. One DADOLE v. (New) Mayor Malonzo received the of the three independent and coordinate branches of government. asserts ordinance authorizing the city mayor to negotiate and enter into a its authority and punishes contempts thereof. it is the court which cites the person in contempt Summary: The Sanggunian Panlungsod of Manila enacted an Ordinance which directed owners and operators of businesses in the Pandacan – Sta. March 7. The Sanggunian national legislature does. therefore. SANGGUNIANG The DBM has 90 days from the receipt of the copies of the PANLUNGSOD OF DUMAGUETE appropriation ordinance of cities to review the same. the Sangguniang Panglungsod ng Dumaguete. 18337. ATIENZA the contending parties. to judges. and local legislative bodies C. or by any of SOCIAL JUSTICE SOCIETY v. A limit cannot be imposed through an administrative of a judicial relief. The power attaches not to the discharge of passed an ordinance directing that an amended deed of absolute sale be legislative functions per se but to the character of the legislature as one executed. Absent a constitutional or legal provision for the exercise of these Meanwhile. and because of a defect in the certification against forum-shopping. Yes. of laws and ordinance relative to the governance of the city. the City and the DOE entered into a Memorandum of Understanding. SJS filed a petition for mandamus. The only provision in LGC which makes reference to contempt funds and property" on behalf of the city. During delegated legislative power. 515 – Refusal or Failure of Any Party or authorization from the Sanggunian. After such period. the legality of the provisions in the Summary: The members board of directors were being summoned by said ordinance can no longer be questioned. and not the City Legal Officer. later on. They cannot of the city government allow. The documents but refused to sign the amended deed of sale and accept same thing cannot be said of local legislative bodies which are creations payments. The City Auditor be compelled to enforce the Ordinance. such November 5. ground of litis pendentia. the contempt power and the subpoena the pendency of this suit. . CITY OF CALOOCAN v. Caloocan City. docketed as Civil Case No. However. seeking the of law. CA dismissed the case on the statutory basis would run afoul of the doctrine of separation of powers. that City Mayor Atienza as the maximum limit for such allowances. who was only the counsel. SC reversed and ruled that DBM exceeded its supervisory power in imposing a limit not existing on Doctrine: The LGC imposes upon city mayors the duty to “enforce all the LGC provision it claimed to interpret. circular when the law it is seeking to implement does not provide for such (own words) NEGROS ORIENTAL II ELECTRIC COOP v. but instead by the City Legal . sui generis. ordinance that granted additional monthly allowance of 1500 for judges Resolutions were enacted to ratify the MOU. of legislative power. The contempt power of contract of sale of land owned by the city. SC agreed cite in contempt with CA. the law that supposedly serves as the legal basis of LBC 55. the LGC did not grant it the power to issue subpoena or to Officer. Ana area to cease and desist from operating their businesses. another case. The budget circular is also void for not being published. executed a Deed of Absolute Sale. 2006 Doctrine: The exercise by the legislature of the contempt power is a matter of self-preservation as that branch of the government vested Summary: The Sangguniang Panlungsod of Caloocan City passed an with the legislative power. However. even without the prior power is found in Sec. for not having been signed by Mayor Malonzo. it no longer had Doctrine: Administrative circulars cannot go beyond the law they seek any legal right to do business which could have been the proper subject to implement. C-18308. The SC found for SJS and subsequently disallowed the allowances for the judges and asked them directed Mayor Atienza to immediately enforce the ordinance. independently of the judicial branch. They contested the validity issued by the subpoena and the court ruled that it was beyond the powers of the SP to issue it. who was merely appear in compliance with a summons issued may be its counsel and not a party to the case. (a)(1)(xi). or annulled by the courts. the oil companies were Summary: Sangguniang Panglungsod of Mandaue City enacted an just to scale down their operations. and Shell. punished by the city or municipal court as for indirect contempt of court upon application filed therewith by the lupon chairman. But. instead of shutting down. filed a petition and for the punishment of non-members for contumacious behaviour for prohibition with application for preliminary injunction and prayer would be for said power to be deemed implied in the statutory grant of for the issuance of a TRO. Gotesco consented. Neither can they exist as mere incidents of the performance of legislative functions. TCT NO.Doctrine: Upon the expiration of FFI’s business permit. but no law so far. CA May 3. Class Notes: Good law? the plaintiff or principal party under oath. Being the proper party to file such Witness to Appear before the Lupon or Pangkat. Thus Gotesco filed Civil Case No. and to extend the validity assigned in their locality. COA of the affected businesses was the “Pandacan Terminals” of Caltex. 326321 covering the property was issued in powers.

the new legislative districts created as a 12. c. 465) special elections to give a chance to the voters of the Sub-province of 1. the Province and Philam Care 1. Provincial social welfare and development officer result of such conversion shall continue to be represented in Congress 13. Salary Grade: Minimum of SG 30 Occidental passed a resolution allocating P4. (3) Urban poor or indigenous cultural communities or the disabled. COMELEC processes and effective governance of the component cities. SC dismissed the petition. 1993 municipalities. Provincial veterinarian representatives shall have been elected in the next regular congressional elections and qualified. 467-468) employees of the province.000. President of the Provincial Pederasyon ng mga SK because of lack of approval from the Office of the President as provided e. Members of the Sangguniang Panlalawigan proclaiming the results of the elections since COMELEC had no 4. Three sectoral representatives: (1) Women’s President Joseph E. 459-468 3.949 officials and The Sangguniang Panlalawigan (Sec. Vice Governor They asked for TRO to prevent BOC of Iloilo from canvassing and 3. Composition entered into an Agreement involving a payment of P3. 2010 municipal or city mayor with minor exceptions Summary: The Sangguniang Panlalawigan of the Province of Negros 3. Provincial assessor disseminate information regarding the right of Guimaras to vote a for a 7. 464 to reside officially in the Guimaras would continue to be a part of the Province of Iloilo and be provincial capital represented by the officials of the province elected in the May 11. As the chief executive of the province. Provincial agriculturalist said new provinces or districts were created until their own 15. he exercises such Guimaras to vote for the provincial officials of the Provinces of Iloilo. it was only in the case where the voters ratified the conversion of the Sub-province of Guimaras to a regular province that the President The Sanggunian has the power to maintain existing offices although not was empowered to appoint the officials of the newly created province. Members of the Sangguniang A. 103 (AO 103). Provincial engineer that almost one-third of the registered voters of the sub-province were 9. Provincial natural resources and environmental officer positions of the Governor. Provincial cooperatives officer Sangguniang Panlalawigan representing the Second District of the 4. or consolidate the functions of any office for efficiency and economy The Court noted that the lawmakers failed to foresee that in the event the negative vote in the plebiscite prevailed.000 for the hospitalization and health care insurance benefits of 1. President of Provincial Chapter of the Liga ng mga Barangay However. Provincial information officer Code. create others as may be necessary. Provincial health officer Doctrine: Under Section 462. f. President of the Provincial Federation of the under Administrative Order No. Vice-Governor. 463. 463) Demokratikong Pilipino for COMELEC to conduct special elections for position of Governor. B. Provincial architect Province of Iloilo because under Section 462 of the Local Government 5. Provincial budget officer not able to exercise the right to vote. ZAYCO 2. Estrada directed the Commission on Audit (COA) to (2) Labor lift the suspension but only in the amount of P100. enumerated under Sec. Thereafter. August 30. 1992 b. Provincial Optional Officials – may be appointed by governor subject to approval by Sanggunian In Griño v. All elective and appointive officials of the province elections. powers and performs such duties and functions as the LGC and other pertinent laws provide PROVINCE OF NEGROS OCCIDENTAL v. Provincial general services officer by the duly-elected representatives of the original districts out of which 14. the Provincial Auditor suspended the payment of premiums d. considering that the "Yes" votes in the plebiscite are required to hold office in the provincial capital prevailed.000.760. the Sub-province of NOTE: The governor is required under Sec. Provincial accountant Congressman for the 2nd Congressional District of Iloilo with the result 8. Vice-Governor. 2. 2. Regular members employees. or other sector . Provincial administrator 11. Powers and duties are similar to those exercised by the September 28. Provincial treasurer officials. Provincial Mandatory Officials Panlalawigan representing the 2nd District of the Province of Iloilo and 1. COMELEC had no authority to 1. it serves as a mechanism for development CARAM v. Governor the Congressman for the 2nd Congressional District of said province. However. The Provincial Auditor Sanggunian Members of Municipalities and Component also explained that the premium payment for health care benefits Cities violated RA 6758 or the Salary Standardization Law. Powers are the same as the Sangguniang Bayan and THE PROVINCE Panlungsod See Sec. Commission on Elections. SC ruled that it would serve no useful purpose to undo what the COMELEC had done and that there would be no legal basis to call The Provincial Governor (Sec. It was also alleged that COMELEC failed to properly 6. a. and barangays within its territorial jurisdiction Summary: Petition for Mandamus was filed by Caram and Laban ng The Provincial Officials (Sec. Provincial population officer exclude the voters of the Sub-province of Guimaras from voting for the 2. 10. Sanggunian Secretary authority to exclude the voters of Guimaras to vote for provincial 5. and Members of the 3. Salary Grade: SG 27 The Province is a political and corporate unit of government like the city and municipality. Vice Governor as presiding officer representing the insurance premiums of the former's officials and b.000.

as well as the President. The COA ruled that under AO 103. the grant of additional compensation like hospitalization and health care insurance benefits in the present case does not need the approval of the President to be valid. including a local government unit. Article VII of the Constitution. In other words.949 officials and employees. The issue is whether the COA erred in affirming the disallowance of P3.However. The President may only point out that rules have not been followed but the President cannot lay down the rules. On whether LGU's are bound by a national law. it can be seen that the requirement of prior approval from the President under AO 103 is applicable only to departments. DOCTRINE: On how the President's power of general supervision over LGU's does not include the power to approve grants of additional compensation Reading AO 103.000 for premium paid for the hospitalization and health care insurance benefits granted by the Province of Negros Occidental to its 1. Thus. the COA did not clearly establish that the medical care benefits given by the government at the time the Resolution was passed by the Sangguniang Panlalawigan were SUFFICIENT to cover the needs of government employees especially those employed by LGUs. while it is true that LGUs are still bound by RA 6758. it would be violative of Section 4. However. 33. the Salary Standardization law: Also. The SC ruled that it erred. through AO 402. Article X of the Constitution which provides that the President shall exercise only general supervision over local government units. The COA added that Section 468(a)(1)(viii)11 of RA 7160 relied upon by the Province does not stand on its own but has to be harmonized with Section 1212 of RA 6758.760. the President’s authority is limited to seeing to it that rules are followed and laws are faithfully executed. Since LGUs are subject only to the power of general supervision of the President. which affirmed the Provincial Auditor’s Notice of Disallowance. the Provincial Auditor ignored the directive of the President and instead issued a Notice of Disallowance of the payment of premiums. neither does he have the discretion to modify or replace the rules. no government entity. bureaus. offices and government-owned and controlled corporations under the Executive branch. It must be pointed out that the Civil Service Commission. already recognized the deficiency of the state of health care and medical services implemented at the time the Resolution was passed. AO 103 must be observed by government offices under the President’s control as mandated by Section 17. . is exempt from securing prior approval from the President granting additional benefits to its personnel. This is in conformity with the policy of standardization of compensation laid down in RA 6758. The Province appealed the disallowance to the COA. EVEN IF AO 103 required LGU's to acquire prior approval from the President. through CSC MC No.

Rapisora appealed such Mandatory for cities decision to the CSC. this will not apply to Constitutional requirements General services and provinces Local chief Executive officer Optional for DBM v. 1993 Health officer Local chief Executive Mandatory Summary: Rapisora applied for the position of Prov. College degree holders. Leones. the CSC Field Officer only approved Agriculturalist Local chief Executive Mandatory Rapisora’s appointment as TEMPORARY. pending resolution of administrative cases Treasurer filed against her. Qualifications – They are practically the same for every official: city. Holders of first grade civil service eligibility or its equivalent AUTHORITY OPTIONAL 5. Leones performed duties and executive who appointed them responsibilities "comparable" to her previous position. Information Officer. Citizens of the Republic 2. Hence. CITIES. Good moral character OFFICIAL 4. his deficiency in educational officer requirement was offset by his training and experience. Rapisora appealed to the SC. APPOINTIVE LOCAL OFFICIALS COMMON TO ALL MUNICIPALITIES. Pursuant to the LGC. LEONES municipalities March 18. 1992. sanggunian secretary . and province: 1. EXCEPT for the treasurer. experience or training may be used Mandatory for cities interchangeably to OFFSET deficiencies. However. specific disciplines demanded by their work Accountant Local chief Executive Mandatory 6. Architect Local chief Executive Optional Doctrine: CSC is not empowered to determine or change the kind of Information nature of the appointment for it is an essentially DISCRETIONARY Local chief Executive Optional officer power and must be performed by the officer on whom it is vested Cooperatives according to his best lights. However. Upon her reassignment. 2010 Treasurer Finance Secretary Mandatory Assistant Summary: A municipal treasurer. Health Officer I of Civil registrar Local chief Executive Mandatory Benguet. The Governor gave municipalities such concurrence. Despite this. she is d. treasurer. the representation and Sanggunian Vice Mayor or Vice transportation allowance (RATA) she received as municipal treasurer Mandatory Secretary Governor was stopped prompting her to file a suit for mandamus against DBM to compel the payment of her RATA. education. It Environment and pointed out the fact that the Secretaries of Health appreciated the natural resources Local chief Executive Optional OTHER qualifications of Rapisora. DBM argues that her RATA is Notes: conditioned upon the actual performance of her duties as municipal c. PROVINCES Under this Title of the LGC. All are career officials except the Legal Officer. was reassigned to the Office of Finance Secretary Optional the Provincial Treasurer. The SOH sought the concurrence of the Optional for Benguet Governor for the appointment of Rapisora. 2. EXCEPT for the secretary of sanggunian where no work Budget Officer Local chief Executive Mandatory experience is required at all Planning and development Local chief Executive Mandatory coordinator RAPISORA v. At least for appointive officials. the CSC entirely disapproved his Social welfare and appointment for failure to possess the educational requirement for the and provinces development Local chief Executive position of PHO I (he did not possess a Certificate in Public Optional for officer Health/Hospital Administration). The SC municipalities ruled in favour of Rapisora and upheld his permanent appointment. In effect. and provinces Veterinarian Local chief Executive Optional for Class Notes: Is the rule on offsetting of qualifications still good law? municipalities . yes. of Health designated him as the OIC of said position Administrator Local chief Executive Mandatory and was later on extended a permanent appointment. officer Population officer Local chief Executive Optional When necessary. CSC Engineer Local chief Executive Mandatory December 17. Lists 22 officials common to all municipality. All are appointed by the local chief executive entitled to RATA. Residents of the LGU concerned APPOINTING MANDATORY/ 3. and Administrator whose terms of office are coterminous with the local chief The SC ruled that upon reassignment. the only condition being that the appointee Local chief Executive Optional should possess the minimum qualification required by law. the CSC returned Rapisora’s Legal officer Local chief Executive appointment to the SOH. Work experience related to the character of the office a. assistant treasurer. Mandatory for cities . The Sec. He actually Mandatory for cities assumed the duties of the position on Jan. the day the LGC 1991 and provinces took effect. preferable with specialized studies Assessor Local chief Executive Mandatory relevant to the work of the offices concerned and for some Assistant Assessor Local chief Executive Optional offices.

LGC. that their defense of good faith is unpersuasive in the face of clear violation of the law. held that conviction of such head of office for conspiracy under RA 3019 must be supported by other grounds than the mere signature or approval in the voucher. ROJO April 24. the president of the panlungsod na pederasyon ng mga sangguniang kabataan. it was also held that “reliance in good faith by a head of office on a subordinate upon whom the primary responsibility Summary: Rojo. the presiding officer votes when it matters the most. Administrator Gaviola. et al. is tasked only with the overall the Vice Mayor should not be counted as a member of the Sanggunian administration of the LGU and given the pre-audit process and the for purposes of determining the existence of a quorum. She is tasked to maintain the municipal ordinances.” Sangguinian where 7 of the 13 members were present. among others. etc) Arias v. ruling. In stating that there were 14 members of the Sanggunian. to a subordinate treasury offices. The SB found them guilty. the employees in all local reasonable extent. the new Mayor and Vice Mayor of his co-accused. which were consistently not observed. As such. then Vice Mayor Jalondoon appointed Rojo as Sangguniang Panlungsod In this case. They granted additional cash advances when there are still unliquidated advances in the custody of Badana. It is the and internal audit services of the LGU. the deficiency in the particulars of payment (e. rules on granting cash advance. as presiding officer.. no distinction exists City Administrator in the functions of local treasurers (whether municipal. JACA v. as members. the vice-mayor can vote only to break a tie. providing for the annual budget for its operation. since Gaviola.” validly resigned since there was no quorum of the Sanggunian because However. under Section 89. Desierto. when. also mandates that cash advance should be granted in accordance with COA rules. and the sectoral representatives. on the good faith of his subordinates. as administrator. To construe otherwise would create an anomalous and absurd situation where the presiding officer who votes to break a tie during a Sanggunian session is not considered a “member” of the Sanggunian. 2013 Summary: City Accountant Jaca.g. PD 1445. shall be composed of the city vice-mayor as presiding officer. recognized the impossibility for a head of office to except in the technical supervision by the provincial treasurer over personally probe all records in his office and that he has to rely. purpose. Section 339. A day after. certification of his co-accused before the voucher reaches him. Doctrine: [No relevant doctrinal statement. a member of the Sangguniang Panlungsod of La Carlota rests negates an imputation of conspiracy by gross inexcusable City.5M by Badana. the assailed the appointment of Rojo. were found. i. to have failed to comply with the COA rules in the grant of cash advances to Badana. resigned from such position during a regular session of such negligence to commit graft and corruption.Doctrine: The GAAs do not apply to a local government official like City Accountant Leones whose compensation and allowances are funded by local Under Section 474. The SC affirmed. as part of the entire membership of the Sangguniang Panlalawigan which must be taken into account in computing the quorum. Jaca. Gaviola was head of an office independent from the offices Secretary. PEOPLE January 28. Logically.e. provincial.. Thus. to break a deadlock in the votes. . After the 2004 elections. and Treasurer Cesa were charged with violating Section 3(e). irrespective of the level of the LGU involved. payee) is not Doctrine: RA 7160 clearly states that the Sangguniang Panlungsod “ enough to charge him with gross and inexcusable neglect. the regular sanggunian members. it was treasuries perform comparable functions. only that the officials involved are appointive officials. arguing that Rojo could not have invocation of Arias is “shaky. LA CARLOTA CITY v. the SC in Zamora clearly included the Vice-Governor. LGC. thereby facilitating the latter’s accumulation of funds.] City Treasurer He certified the cash advances as necessary and lawful.. In effect. 2012 In Sistoza v. Maybe read the LGC provisions on the duties of said appointive officials. that is. they are not his subordinates.” As the presiding officer. the accountant is charged with both accounting appropriation laws passed by the Sangguniang Bayan . SB. no additional cash advance is allowed unless the previous cash advance has been settled. RA 3019 for facilitating the malversation of P18. As such. through a surprise audit. the president of the city chapter of the liga ng mga barangay. internal audit system of the LGU and is presumed to know the COA that apply to her receipt of RATA.

seeking to clarify whether VIOLA v. the incumbent presidents of the association of the Ex-Officio Sanggunian Members – The presidents of the liga at the barangay councils in the municipality. and as forum wherein the the chapters of the liga. election of its officers. said that. and Panlalawigan chapters" respectively Article 210 (d) (3) of Rule XXIX: "incumbent presidents of the municipal. Liga ng mga Barangay Summary: Roberto A. ALUNAN III or not the President of ABC can continue holding office despite the August 15. the Metro Manila League of Mayors Miguel’s objections. from a failure to elect or a refusal or neglect Doctrine: Contrary to petitioner’s contention. The board shall coordinate the activities of of government policies in the community. and provincial chapters of the liga shall continue to serve as ex officio members of the sanggunian concerned until the GALAROSA v." November 11. city. League of Provinces it with the Ligas. under the old constitution and by-laws of the Primary Purpose of the Leagues – To ventilate. city. captain and an aspirant for the position of the president of ABC filed a petition for declaratory relief with the RTC. vice president. second. Panlungsod. laws must first be adopted prior to the holding of any elections. city. a uniform constitution and by- secure solutions thereto. The liga at the municipal. whch 2. A secretary-general shall be elected from among the members and the broader powers and functions invested in the barangays by the of the national liga and shall be charged with the overall operation of Code as a basic political unit. vice-president and 5 Doctrine: Article 210 (f) (1) of Rule XXIX of the RRI: " [p]ending election members of the Board of Directors of the presidents of the municipal. automatically become ex-officio Manila shall continue to act as presidents of the corresponding liga members of the Sangguniang Bayan. provincial. a primary planning and implementing unit the liga on the national level. allowing the later to continue to serve by validity of Art. and five (5) members of the board of Since the term of office of the punong barangays elected in the 28 March directors. an ad hoc committee elected a new set of officers. crystallize issues affecting local government administration and to according to the RRI of the LGC of 1991. §493. in spite of a. League of Metropolitan Political Subdivisions Miguel continued to serve as president of Liga-QC. The SC. III.510 MIGUEL v. articulate. The SC Summary: Cesar Viola filed a petition for prohibition challenging the ruled in favor of Galarosa. Miguel was elected President of KPB-QC. secretary. provincial. CA February 23. the third vice presidents and for auditors for the National Liga ng mga incumbent may continue to hold over until someone else is elected and Barangay and its chapters. 3. province and Metropolitan municipal. and Doctrine: Unless holding over be expressly or impliedly prohibited. Officers – Every liga directly elects a president. Section 494 of the Local Government Code could not have been intended to allow a gap in the representation of the barangays. Pending elections to be held under the LGC of 1991. 210 [g] [3]). League of Municipalities was created under the old LGC. . The said constitution and by-laws was to be Sangguniang Bayan of Sorsogon. the new LGC took effect. and metropolitan chapters of the Liga. SC upheld the validity of the Implementing qualified to assume the office. 491 . city. Organization. in ruling that the election was invalid. an incumbent barangay drafted by the committee created under Article 210 (f) (2) of the RRI. Rodolfo Lasay. The said provision embodies a fairly intelligible standard: “deemed necessary for the management of the chapters. 5. The board shall appoint its secretary and treasurer and create 1989 election and the term of office of the presidents of the ABC have such other positions as it may deem necessary for the management of the not yet expired and taking into account the special role conferred upon chapter. (emphasis added) collective views of the people may be expressed and considered and where disputes may be amicably settled. the creation of the to qualify. VALENCIA expiration of their term of office. city. Sec. Guidelines for the General Elections of the Liga ng mga Barangay Officers insofar as they provide for the election of first. This rule is demanded by the most Rules obvious must requirements of public policy. five members of the board of directors. and national levels directly elect a president. Congress can delegate the power to create positions such as these. for without it there must frequently be cases where. a vice-president. including a new president.g. province of Sorsogon. Afterwards. Art. 1992.” There is no undue delegation of power by the Congress. However. it would be in harmony with This provision in fact requires ¾ and not merely authorizes ¾ the sound logic to infer that the Code never intended to deprive the board of directors to “create such other positions as it may deem barangays of their representation in the sangguniang bayan during the necessary for the management of the chapter” and belies petitioner’s interregnum when the liga has yet to be formally organized with the claim that said provision limits the officers of a chapter to the president. and provincial levels. unless sooner removed for cause. 1-2 of the Revised Implementing Rules and virtue of the hold-over doctrine. 1993 The election of the first set of officers of the national and local chapters Summary: Raul Galarosa is the incumbent president of the katipunang of the Liga cannot be held unless a constitution and by-laws for the Liga bayan or Association of Barangay Councils (ABC) of the municipality of is first adopted and ratified by the barangay national assembly (Rule Sorsogon. LEAGUES OF LGUs AND ELECTIVE OFFICIALS See Sec. E. the office would be vacant and the public service entirely additional positions is authorized by the LGC which provides as follows: suspended. 1994 The Five Leagues 1. in the sanggunian. 1997 termination of the Terms of Office of the Sangguniang Bayan of Sorsogon on June 30. and was appointed as a member of the XXIX. metropolitan political subdivision. League of Cities abolishing the Pambansang Katipunan ng mga Barangay and replacing 4. through the presidents of the ABC. and treasurer. The RTC ruled against Galarosa. and KPB-QC.

DILG asked the court under Judge Paredes to appoint it as an interim caretaker of the Liga. or league or union created by law or by authority of law whose members are other appointed or elected government officials. Summary: Bito-onon was proclaimed winner as Exec. DILG through its Secretary deemed it wise to take over the management of the Liga. in this case. Bito-Onon filed a motion to dismiss claiming that the RTC had no jurisdiction to review the Board’s decision in any post-proclamation protest. 97-193 of the DILG insofar as it authorizes the filing a Petition for Review of the decision of the BES with the regular courts in a post proclamation electoral protest is of doubtful constitutionality. RTC. alleging irregularities in the election. Doctrine: The president’s power of general supervision extends to the liga ng mga barangay since this is not an LGU. the DILG Secretary in effect amended and modified the GUIDELINES promulgated by the National Liga Board and adopted by the LIGA which provides that the decision of the BES shall be subject to review by the National Liga Board. Judge Paredes’ decision appointing DILG as such and various acts and memorandum circulars issued by DILG is being assailed in this case. VP of the Liga ng mga Barangay Provincial Chapter of Palawan. Besides. the Liga ng mga Barangay is a government organization. SC ruled that Memorandum Circular No. The ligas are primarily governed by the provisions of the Local Government Code. Quijano filed post. However. Title VI of the Local Government Code and shall always conform to the provisions of the Constitution and existing laws. which the President does not have over the LIGA. went beyond January 31. Although the DILG is given the power to prescribe rules. filed a case to assail the decision of Judge Paredes appointing DILG as an interim caretaker of the Liga. federation. their respective constitution and by-laws shall govern all other matters affecting the internal organization of the liga not otherwise provided for in the Local Government Code provided that the constitution and by-laws shall be suppletory to the provisions of Book III. being an association. regulations and other issuances. supervision of the President. DILG. Doctrine: The President’s power of the general supervision. Because of the chaos in the affairs of the Liga. 2004 Summary: David. To monitor means “to watch. as exercised proclamation protest with the Board of Election Supervisors (BES) by the DILG Secretary as his alter ego. However. also of the DILG Secretary as the BITO-ONON v. SC ruled that Liga ng mga barangay is under the . As per DOJ Ruling. 2001 supervision and exercised control in its actions and issuance of memorandum circulars. observe or check” and is compatible with the power of supervision of the DILG Secretary over local governments. The problem started when Rayos contested the Presidency of David in the Liga. The public respondent judge therefore committed grave abuse of discretion amounting to lack or excess of jurisdiction in not dismissing the respondent’s Petition for Review for failure to exhaust all administrative remedies and for lack of jurisdiction. PAREDES September 7. extends to the Liga ng mga which decided against him. In authorizing the filing of the petition for review of the decision of the BES with the regular courts. Quijano filed a petition for review with the Barangay. NATIONAL LIGA NG MGA BARANGAY v. FERNANDEZ alter ego of the President. any doubt as to the power of the DILG Secretary to interfere with local affairs should be resolved in favor of the greater autonomy of the local government. the Administrative Code limits its authority to merely “monitoring compliance” by local government units of such issuances. The amendment of the GUIDELINES is more than an exercise of the power of supervision but is an exercise of the power of control. Hence. representing Liga ng mga Barangay. which is limited to checking whether the local government unit concerned or the officers thereof perform their duties as per statutory enactments.

533 – Formulation of the IRR 5. program loans secured by LGUs but relent to private persons. 532 – Elections for the SK undertake maintenance. buildings. 523 – Personnel Retirement and/or Benefits Official or employee of the national government or LGU Sec. See next section See Sec. These are penal provisions which have been discussed in the relevant portions of the reviewer. are 4. Basically. 524 . Sec. Sec. Violative of LGC 3. Within 6 months from LGC effectivity. MISCELLANEOUS AND FINAL PROVISIONS PROVISIONS FOR IMPLEMENTATION TRANSITORY PROVISIONS See Sec. national government shall effect the deconcentration of 2. repair. 531 – Debt Relief for LGUs thereunder i. Sec. Barangay treasurer 1. 526 – Applicability of the LGC to LGUs in the Autonomous Regions f. Inconsistent with LGC 5. Punong barangay 2. Members of the barangay tanod 2. construction. Sec. Sec. 527 – Prior approval or clearance on regular and recurring Congress shall undertake a mandatory review of the transactions shall no longer be required after 6 months from LGC LGC at least once every 5 years and as often as effectivity necessary Primary objective: To provide for a more responsive Sec. natural or juridical. Barangay secretary in force and effect UNLESS: 4. etc. They may separate from LWUA effected under LGC shall. Repealed by sanggunian concerned 3. 522 – Insurance Coverage requisite authority and power to the appropriate GSIS to establish and administer an appropriate system regional offices whose major functions are not for insurance coverage for the following officers: devolved to LGUs 1. 521 – Mandatory Review Every 5 years Sec. 529 – Generally. equipment. 511-520 See Sec. 530 – Local Water Districts separated from service as a result of reorganization h. Sec. Sec. Members of the sangguniang barangay Sec. and other properties of any office or body of LGU abolished or reorganized under LGC shall be transferred to the office or body to which it is substantially devolved . receive retirement and other benefits accruing Sec. LGU tax ordinances or revenue measures continue 3. if entitled under the laws then in force. 521 – 525 1. facilities.Inventory of Infrastructure and Other Community written off but the central government shall Facilities continue to collect from private sector debtors Each LGU shall conduct a periodic inventory of infrastructure and other community facilities and Sec. 526 .533 e. 525 – Records and Properties All records. 528 – Decentralization of requisite authority and power and accountable local government structure g.

and was declared vacant. in implementation of RA 6734 - the law providing for an Organic Act for the ARMM. 15. then it can form part of the Region as per Art. He filed a case with the SC questioning this. If we look at Art. X. Power of the Autonomous region is limited by the Sangguniang Pampook. MANGELIN It can have its own LGC provided that it cannot decrease February 28. The petitioners were not able to overcome the presumption of Special Laws cited in the Syllabus: constitutionality. shall compromise it. If it is autonomous whatsoever. he declared a “recess” in the Assembly. the SC found for him under equitable barangays to form part of the BJE affects the integrity of grounds. internal acts of the Congress of the Philippines are. Sec. the SC held that it is unnecessary to determine whether RA 6734 is in conflict with the Tripoli Agreement because it is now the See relevant Constitutional Provisions 16: Art. cities. The single plebiscite 2001 contemplated will therefore be determinative of (1) whether there shall 4. from the in the former category only. 18. it has a separate legal system LIMBONA v. barangays want to be requested him to invite his fellow Assemblymen. 20. X. He was also elected Speaker of the There must be at least 2 provinces to form the region Regional Legislative Assembly or Batasang Pampook of Central It requires a plebiscite Mindanao. 1. Barangays are excluded from the enumeration as member through a Resolution. Sec. is an LGU But unlike other LGUs." On the other hand. 1. the second sense under 3. Region XII. the Province a. an autonomous government of the former class is under the supervision of the national government. The first sense under Secs. cannot look into internal matters of the autonomous region There is a section on “Constitutional Basis” found in the first part of that . municipalities. 15. or any investment of public funds. . and Mama-o sought to enjoin the COMELEC from conducting a plebiscite. the Sangguniang Pampook removed him a. Another thing to consider: The separation of the Speaker of the Regional Assembly. Also the Sangguniang Pampook (the legislative arm) is made to discharge chiefly administrative services. ABBAS v. What do we mean by “geographical areas”? Maybe ruled for Limbona. The SC b. Constitution and the Organic Act representing Lanao del Sur. They argue that said law regions until such time as the regional government concerned shall violates the Constitution and is in conflict with the Tripoli Agreement. 15 An autonomous government that enjoys autonomy of the latter . 3 – No law shall be passed exempting any sense. It also held that RA 6734 is NOT UNCONSTITUTIONAL. by itself. Sec. 1989 IN MUSLIM MINDANAO Summary: Petitioners Abbas et al. please refer to the Midterms Reviewer. apart from their mother province. Regional Autonomous Government. In this case. shall be included in the autonomous region. geographical areas… Pending resolution of the case. RA 9012 (2000) – An act resetting the regular elections for provinces and cities where a majority vote in favor of the Organic Act elective officials of the ARMM to the 2nd Monday of Sept. So can we argue that these barangays may separate Doctrine: Under the 1987 Constitution (Art. 1989 the power of the local government officials and the IRA under the present LGC Summary: Sultan Limbona was an appointed member of the . Can the COA be devolved to the Autonomous Region? NO. RA 9054 (2001) – the new Organic Act of ARMM be an autonomous region in Muslim Mindanao and (2) which provinces and cities. among those enumerated in RA 6734. Sec. SC: The SC has jurisdiction. IX. . The Region. Class Notes: On Autonomous Regions . the 1. X) LGUs enjoy autonomy in and form part of the BJE? Hard to argue 2 senses. What if in the upcoming BJE plebiscite. Without him. 16. 15. 1987 Constitution which provides for the creation of an autonomous and 21 region. invitation. Class Notes: The Court made a statement in Limbona to the effect that 16 since autonomous regions have political autonomy. there is no prohibition nor violation "autonomy. MAYBE the courts For Constitutional Provisions. its acts are beyond the domain of the SC in the same way that entity of the government or its subsidiary in any guise. the creation of the elections of regional governor. COMELEC THE AUTONOMOUS REGION November 10. SC has jurisdiction. X. 1 and 2. RA 6734 (1989) – the first Organic Act of ARMM 2. COA is an independent constitutional body If the Sangguniang Pampook of Region XII is autonomous in the latter Art. In line with the part of the BJE. and only those 3. RA 8746 (1999) – An act providing for the date of the regular Doctrine: Under the Constitution and RA 6734. As to his removal as member of the Sangguniang like islands Pampook. have enacted its own local government code. and members autonomous region shall take effect only when approved by a majority of the regional legislative assembly of the ARMM of the votes cast by the constituent units in a plebiscite. As to his removal as 2. Limbona was invited for consultations by the Committee of Muslim Affairs of the House of Representatives.) is subject alone to the decree of the organic act government in the autonomous region? Valid? creating it and accepted principles on the effects and limits of Yes. The invitation also . Maybe if the barangay gets promoted to a Municipality. 526 LGC – LGC shall apply to all LGUs in the autonomous said RA 6734 be declared unconstitutional. Sir said that the SC may come to regret this someday reviewer complete with comments and notes. vice-governor. there was a violation of due process. and prayed that See Sec. 15: the [autonomous regions] … members of the Assembly had 2 sessions where his position as Speaker consisting of provinces. jurisdiction of the COA An examination of the PD 1618 which created the autonomous governments of Mindanao shows that they were never meant to exercise autonomy in the second sense because PD 1618 (the organic act)mandates that the President shall have the power of general supervision and control over Autonomous Regions. Sec. What if the organic act provides for a parliamentary system of category (Sec.

There was a discussion of 5 periods: not issued in grade abuse of discretion and there is also no fault in 1. Only difference is that Regional Assembly cannot amend the ARMM LGC to reduce power of Provincial Governor because his devolved power. as OIC and from the Regional Secretary to the Provincial Governor. RA 9054. and tax-sharing content of their development path within the framework of the entitlements enjoyed by other LGUs sovereignty and territorial integrity of the Philippine Republic. sought the revocation of DO 119. Macacua with the Constitution and the Organic Act detail Dr. DO 119 of the DPWH and RA 8999 created a DPWH Governor the power to "exercise general supervision and control over Marawi Sub-District Engineering Office and an Engineering District in all programs. In Thus. Mamasao Sani. as the law now stands: (Fifth Period) the 1987 Constitution. follow these steps: Summary: Regional director and secretary of Dept of Health of ARMM 1. Organic Act 1989 The Organic Act 2001 adopted. Fifth – After enactment of 2001 Organic Act regions in Muslim Mindanao and the Cordilleras. who was 2. In which case the Regional Governor is the appointing power but he must appoint only from among 3 nominees of the Provincial Governor b. the first organic act of ARMM was passed. who was then provincial health officer of 4. services. The Class Notes: Court held that (1) DO 119 violates the provisions of EO 426 but was . If there is no provision in their LGC. It never became operative and it was also adoption of LGC 1991 superseded or repealed by a subsequent enactment. Thus. Provincial Governor exercises supervision and control over the PHO because ARMM LGC classified him as a provincial government official Same state of law as after effectivity of ARMM LGC but before Organic Act 2001 1. SC reversed. Lanao del 5." Upon the effectivity of the ARMM Local Code. as a are to be given freedom and independence with minimum interference minimum. Second – After enactment of 1989 Organic Act but before is not the lis mota of this case. The ARMM Local Code vests in the Provincial Government (ARG). First – Prior to the Organic Act of 1989 failing to have public consultations. Fourth – After adoption of ARMM Local Code but before enactment of 2001 Organic Act Doctrine: Cordillera Board Coalition v. 4. CA ruled for Saber. public works intended for Marawi City and the First District of Lanao del Sur to the DPWH-ARMM First District in Lanao Del Sur Only. the power same jurisdiction as the First Engineering District of the DPWH-ARMM of supervision and control over the provincial health officer passed in Lanao Del Sur. check if consistent the IPHO-APGH Lanao del Sur. 2004 Doctrine Under the ARMM Local Code. Lesson: Validity of appointment depends on what legal regime was operative at the time of appointment . to DOH-ARMM Regional Office in Cotabato City. CA . provincial funds 2. Meaning. functions. the powers and functions of a Provincial treading their chosen path of development. the Provincial Governor appoints decide on. the provincial health officer Summary: RA 6734. COA: the creation of autonomous 5. (3) The 3. These essentially the government. non-implementation to designate an Officer-in-Charge in the provincial health office pending of RA 8999 and to compel the Secretary of DBM to release all funds for the appointment of a permanent provincial health officer. (2) The constitutionality of RA 8999 2. Pursuant became for the first an official of the provincial government even to this. Lampa Pandi. April 11. and activities of the provincial the First District of the Province of Lanao Del Sur. projects. by the ARMM Governor from the National Government. November 25. EO 426 was enacted. If no provision. 2002 except that it must be consistent with the Constitution and the Organic Act. check their LGC then DOH-ARMM Assistant Regional Secretary. the The aim of the Constitution is to extend to the autonomous peoples the devolution under the LGC right to self-determination—a right to choose their own path of So the LGUs within the ARMM are given the same development. From then on District Engineer/ Engineer II of the First District of the DPWH-ARMM the Provincial Governor began to exercise the administrative authority in Lanao Del Sur. If PHO salary comes from regional funds. placing the control and supervision of the though he is appointed by the Regional Governor and draws his salary offices of the DPWH within the ARMM under the Autonomous Regional from regional funds. assume that it is the same as RA 7160 IPHO-APGH. the right to determine the political. build. as Officer-in-charge of 3. emanating from LGC. PANDI v. Third – After enactment of LGC 1991 but before adoption petitioners having positions in the First Engineering District of DPWH- of the ARMM Local Code ARMM have standing to file this case. a total substitution of the and not just administrative autonomy to these regions. contemplates the grant of political autonomy RA 9054 took effect on 2001. Check where local government official is set Macacua issued a memorandum designating Dr. which is peculiar to . SECRETARY OF DEPARTMENT OF PUBLIC that he is the lawfully designated officer-in-charge of IPHO-APGH Lanao WORKS AND HIGHWAYS del sur. The Autonomous Region is allowed to legislate on its own. Saber filed with CA a petition for quo warranto claiming DISOMANGCOP v. in the same memorandum. is now part of OA 2001 . make the necessary appointment Sur Provincial Governor Manhid Mutilan issued office order 7 designating Dr. This necessarily includes the freedom to 1. cultural and economic devolved powers. Petitioners Disomangcop and Dimalotang. supervise and maintain the public works and the PHO if the latter’s salary comes from infrastructure projects within the autonomous region. as a minimum. then the ARMM LGC applies a. If silent. Amer Saber also as officer-in-charge of IPHO-APGH Lanao del sur. If ARMM. the Muslims in Mindanao Governor under the LGC are now enjoyed.

EO 220 – The EO creating the CAR. Such tribal courts are not a part of that the sole province of Ifugao CANNOT validly constitute the the Philippine judicial system which consists of the Supreme Court and Cordillera Autonomous Region. secretary of the DBM . Thus. It was merely created to coordinate planning and implementation of programs and services in the areas NOTE: Plebiscite for the Cordillera Autonomous Region failed twice. The SC 3. the provision in the Constitution for an the provinces of Benguet. RA 6766 (1989) –Organic Act of the Cordillera Autonomous 220. The Abbas case established the rule to follow on which provinces and cities shall comprise the autonomous region in Muslim Mindanao which The creation of autonomous regions does not signify the establishment is. COMELEC issued Resolution No. Doctrine: The CAR is not the autonomous region contemplated by the Constitution. No. 15 of the 1987 Constitution) — provinces. Abra and Kalinga. the creation of autonomous Summary: Pursuant to Republic Act No. mandamus and Philippines is divided for administrative purposes are groupings of declaratory relief the executive secretary. the decentralization of government authority. 1. municipalities and geographical areas connote that ATITIW v. The term September 30. preparing them for autonomy. et al.. 742) provisions of the FAA of 2000 declared unconstitutional. as unconstitutional as it pre-empts the creation Region of an autonomous region pursuant to the 1987 Constitution. rejected by the rest with personal. 1990 a Summary: The tribal court of Maeng Tribunal decided that the land memorandum granting authority to wind up the affairs of the Cordillera which is subject of a disputed between the sps. assail EO 2. RA 8438 (1997)– An act to establish the Cordillera ruled that what is created under EO 220 is not the autonomous region Autonomous Region contemplated in the constitution. Doctrine: The constitutional guarantee of local autonomy in the ORDILLO v. The SC declared an indigenous cultural community. 6861 setting February 14. When Executive Order No. The SC that there can be no valid CAR in only one province as the Constitution ruled that the tribal court is just like the conciliation panels in and RA 6766 require that the said Region be composed of more than barangays whose decisions can be set aside by the regular courts. which created CAR. hence. cities. This is supported by the fact that the thirteen (13) regions into which the Summary: Atitiw et al. Mountain Province. province of Ifugao is to be included in the Cordillera Autonomous THE CORDILLERA Region. as it can be installed region in the Cordillera. 1991 elections in CAR of Ifugao on first Monday of March 1991. cast in more technical language. a reading of the provisions of Republic Act provision. Results of an executive department and a legislative assembly and special courts plebiscite: approved by majority of votes in Ifugao. consequently. No. lives and file a case to SC to prevent the execution of the tribal court 220 were abolished in view of the ratification of Organic Act. as it provided Ifugao is a province by itself. they received a warning order from the 160 declaring among others that the Cordillera Executive Board and Cordillera People’s Liberation Army which made them fearful of their Cordillera Regional Assembly and all offices under Executive Order No. P. Art. Ifugao. VIII. No. that the Organic Act for the Region has been approved and/or ratified by majority of votes cast only in the province of Ifugao. ADMINISTRATIVE REGION CORDILLERA BOARD COALITION v. family and property law jurisdiction in each of the of the provinces and city. autonomous regional government with a basic structure consisting of Apayao and the city of Baguio cast their votes in a plebiscite. covered. (Integrated Reorganization Plan (1972). 1990 1. 1 of the special was made as part of the law of the land by P. which the Republic of the Philippines. COMELEC Constitution refers to the administrative autonomy of local government December 4. one constituent unit. the petitioners prayed that the said memoranda and Administrative Order be declared null and void. The SC upheld the constitutionality of the assailed from the 1987 Constitution. 2259 stating autonomous regions. COA Special Laws cited in the Syllabus January 29.D. On the other hand. and contiguous provinces. ZAMORA "region" is to be made up of more than one constituent unit. Executive Secretary issued February 5. CORDILLERA BODONG ADMINISTRATION COMELEC resolution. it Autonomous Region shall have been enacted and the same is duly is an ordinary tribal court existing under the customs and traditions of ratified by the by the voters in the constituent units. President issued Administrative Order No. the lower courts which have been established by law (Sec. 6766 entitled “An Act Providing regions contemplates the grant of political autonomy and not just for an Organic Act for the Cordillera Autonomous Region”. cities. 220. and that EO 220 Doctrine: [As a consequence of the rejection of the people of creating constituting the Cordillera Executive Board and the Cordillera Regional Cordillera Autonomuse Region] The Maeng Tribunal Court was not Assembly be still in force and effect until another organic law for the constituted into an indigenous or special court under RA 6766.. and geographical areas. Arguing decision and also to question the said court’s legal personality. Congress enacted Republic Act No.D. the people of administrative autonomy. Aside its operations. 6766 strengthens the position that the Region cannot be constituted from only one province. the Baduas failed to obey. 1990 units or. 1. It is the first issue which the Court answers in the instant case. Badua and Quema Executive Board and Cordillera Regional Assembly created under belongs to the latter and ordered that the Baduas vacate the land. The issue is not whether the . X. 1987 Constitution) Doctrine: The keywords (in Art. Even before COMELEC resolution. To become part of a region. there is nothing in the Abbas decision only “within the framework of the Constitution and the national which deals with the issue on whether an autonomous region. The issue in this case is whether the sole province of Ifugao can validly and legally constitute the Cordillera Autonomous Region. appropriating funds therefor and for other purposes Summary: Cordillera Broad Coalition and Lilia Yaranon. They sought to have par. municipalities. However. 2005 "region" used in its ordinary sense means two or more provinces. Secretary of Justice also issued a memorandum for the President reiterating BADUA v. Sec. in either sovereignty as well as territorial integrity of the Republic of the Muslim Mindanao or Cordillera could exist despite the fact that only Philippines. it must join for the use of the funds appropriated to the CAR for the winding up of other provinces. filed a petition for prohibition. the same rule to follow with regard to the autonomous of a sovereignty distinct from that of the republic. “ one province or one city is to constitute it.

operations. TRACKWORKS RAIL TRANSIT ADVERTISING October 25. This emphasizes the administrative (2) Jurisdiction of the metropolitan authority that will character of the MMDA. Francisco argues that the MMDA's Flag Scheme is illegal since: which is the MMC. and the MMDA was (1) it has no legal basis because the MMDA’s governing body. hence. only rules and regulations. streamers. subject to a official elected by the people. its function is administrative in nature and cannot (2) it violates the Due Process Clause because it is a summary issue ordinances. 7924. It is the local Congress. The creation Special Laws cited in the Syllabus of a "special metropolitan political subdivision" requires the approval 1. THE METROPOLITAN MANILA Doctrine: It is thus beyond doubt that the MMDA is not a local government unit or a public corporation endowed with legislative DEVELOPMENT AUTHORITY power. uphold the x x x rights of pedestrians to due process x x x and equal through the General Welfare Clause Sect 16 of the Local Government protection of the laws x x x. and interior of the MRT3 structure. In the case at bar. administrative rules and regulations in the implementation of the Trackworks filed with the trial court a petition for injunction with MMDA’s functions. Fernando. It is NOT an LGU. In fact. Art. Metropolitan Manila Authority to be composed of the that possess legislative power and police power. the MMDA is not vested with police power. 2005 MMDA v. its proposed opening by petitioner MMDA is illegal . of a cabinet member. parks and open space. 2000 Summary: Ernesto Francisco wants to enjoin Bayani F. Summary: MMDA sent a notice to BAVA that it shall be taking down its Chairman of the Metropolitan Manila Development Authority (MMDA) wall and opening Neptune Street to the public. traffic engineering services and traffic education programs. There is no grant of authority to enact ordinances prayer for the issuance of a TRO and preliminary injunction.Until otherwise provided by the to enact ordinances for the welfare of the community. punishment for jaywalking. FRANCISCO v. 2005 Summary: Garin’s license was confiscated by the MMDA. MMDA requested local government units. the MMC under P. It cannot confiscate advertising and promotional activities within and along the exterior licenses absent any law authorizing it to do so. posts. The power delegated to the Trackworks refused to comply. the President may constitute the government units. signages and other forms of Doctrine: Metropolitan or Metro Manila is a body composed of several advertisement in the different parts of MRT structure. prohibiting the posting. X. Sec. the MMDA is duty-bound to Doctrine: A contract gives rise to a right that can be protected by a writ confiscate and suspend or revoke drivers’ licenses in the exercise of its of injunction. The MMDA on the other hand being an administrative agency have no such powers because while the predecessor of the MMDA. part of his function is (1) Component cities and municipalities shall retain to perform such other duties as may be assigned to him by the their basic autonomy and shall be entitled to their President. 8 . Unlike the MMC.” Code. a writ of injunction may be issued to protect the administration and implementation of all traffic enforcement private party’s rights. A. in any part of services affecting the region placed under "a development authority" the road. referred to as the MMDA. TC and regulations for the general welfare of the inhabitants of the granted. (3) disregards the Constitutional protection against cruel. The SC affirmed the TC and CA decisions. trees. legislature or those agencies to whom legislative powers have been delegated (the City of Manila in this case). No. but appointed by the President with the plebiscite rank and privileges of a cabinet member. as well as the being questioned. GARIN April 15. Sec. While the power or authority of a government agency mandate of transport and traffic management.D. installation. It is not even a "special metropolitan political subdivision" as contemplated in Section 11. which was granted and upheld in the Scheme”). See also the following Constitutional provisions directly affected. XVIII. The Court Summary: MRTC entered into a contract for advertising services with ruled that while a driver’s license may be confiscated pursuant to police Trackworks. 11 – Congress may. the President merely own local executive and legislative assemblies exercises supervisory authority. FERNANDO MMDA v. the purposely made into a governmental agency whose head has the rank Metro Manila Council. . Thereafter.whereas in local government units. resolution ordering the opening of Neptune Street. did not authorize it. 96-009. This gave Trackworks the exclusive right to undertake power. CA. acting through their respective legislative councils. the heads of all local government units comprising the Sangguniang Panlungsod of Makati City did not pass any ordinance or Metropolitan Manila area. the MMDA has no power b. thereby be created shall be limited to basic services requiring coordination Clearly then. invoking its advertising contract. The Chairman of the MMDA is not an metropolitan political subdivisions. No. No. 2006 March 27. signs. Trackworks installed commercial billboards. sidewalk. With the passage of RA 7924 in 1995. Trackworks to dismantle the billboards in conformity with MMDA Metropolitan Manila was declared as a "special development and Regulation No. BEL AIR VILLAGE ASSOCIATION November 16. had powers to issue Ordinances. He questioned the authority of the MMDA to confiscate drivers’ licenses. center island. 824 is not the same entity as the MMDA under R." R. BAVA filed for a Writ of and the MMDA from further implementing its “wet flag scheme” (“Flag Preliminary Injunction in the RTC. MMDA did not file an MR but instead filed for certiorari in the metropolis. MMDA v. posts.A. Trackworks was able to establish a right to be protected by a writ of Where there is a traffic law or regulation validly enacted by the preliminary injunction. create special Metro Manila in a plebiscite. by law. and display administrative region" and the administration of "metro-wide" basic of any kind of form of billboards. The CA denied certiorari. CA. Article X of the Constitution. In the SC the same is upheld because the court discusses that police power may only be exercised by government units where the National Francisco also wishes that Fernando and the MMDA “respect and Assembly has devolved its powers to like towards Local Governments. 7924 was not submitted to the inhabitants of a. Art. banners. RA 7924 – An act creating the MMDA by a majority of the votes cast in a plebiscite in the political units 2. MMDA MMDA is that given to the Metro Manila Council to promulgate then started dismantling the billboards and streamers of Trackworks.

VIRON TRANSPORTATION CO. The MMDA is an administrative agency tasked with act which can be compelled by mandamus and taht pertinent provisions the implementation of rules and regulations enacted by proper of the Environment Code (PD 1152) relate only to the cleaning of authorities. The Metro Manila Council supported the project.. monitoring. degrading. Fernando and the MMDA implemented the Flag Scheme in that city. Garin). The absence of an anti-jaywalking ordinance in Valenzuela specific pollution incidents and do not cover cleaning in general. DECS. MMDA is NOT an LGU . the underlying duty to upgrade the quality of water is not conditional on the occurrence of any pollution incident MMDA v. The Supreme Court can only implementation of MMDA’s mandated tasks may entail decision- determine the reasonableness of the enforcement by the MMDA of anti. for the cleanup. on the potential hazards of the Flag Scheme. 1999. DENR. .” In fine. (§2) so it has regulatory and supervisory authority over the delivery of metro-wide services. The SC upheld the trial court’s reversal. When RA 9275 (Clean Water Act) took effect. Inc. Government agencies implementation of schemes to enforce anti-jaywalking ordinances and contended that the the cleaning of the Manila Bay is not a ministerial similar regulations.DOH. The trial court initially found for the MMDA but reversed itself. Bel-Air Village Association. MMDA v. CONCERNED RESIDENTS OF MANILA BAY December 18. Assuming that it has police powers. CA affirmed the RTC decision. and there is no grant of either police or legislative power. the proposed project fails the test for the valid exercise of police power. SC City does not detract from this conclusion ABSENT any proof that disagreed and upheld the CA decision. and Mencorp Transportation System. supervise and manage construction. It designated the MMDA as the implementing agency for a mass transport terminal facilities project. Inc. On cities. coordinate land use. Class Notes: Lessons from the cases: August 15. EXCEPT Valenzuela City. Cavite several government ordinances or traffic management codes with provisions for pedestrian agencies MMDA. management codes with provisions for pedestrian regulation suffices to confer upon the MMDA authority to implement schemes to enforce the same. Cleanup Operations. DILG.. The project also entailed the closure of existing provincial bus terminals. the enforcement of the law or the very act of doing what the jaywalking ordinances and similar enactments if there are concrete law exacts to be done is ministerial in nature and may be compelled by facts alleged and prove which demonstrate how they are not mandamus. DPWH. PPG. The Court cannot commands concerned government agencies. making. amended Section 20 of the Environment Code (PD 1152). On the other hand. the petition proffers mere SURMISES and SPECULATIONS water quality however. 2008 On the Flag Scheme’s alleged lack of legal basis. and coordination functions. Maritime Group. Consequently. the MMDA cannot order the “elimination” of the MMDA's jurisdiction of anti-jaywalking ordinances or traffic terminals. The Supreme Court is not a trier of facts.) sought declaratory relief against the project. including transport and traffic management (§3). Doctrine: Obligation to perform their duties as defined by law and how WON the Flag Scheme is a reasonable enforcement of anti-jaywalking they are to carry out such duties are 2 different concepts. 2007 . “to take determine the reasonableness of the Flag Scheme based on mere such measures as may be necessary to meet the prescribed water surmises and speculations. traffic was a problem in Metro Manila. 2003. holding that the MMDA cannot be the implementing agency for the project as its charter does not include police or legislative powers. PNP regulation. on the subject. then-President Gloria Macapagal-Arroyo issued an . This section. which was recommended by the MMDA as a means to alleviate Metro Manila’s END OF SYLLABUS traffic caused by buses and the inefficient connectivity of transportation systems. (4) violates “pedestrian rights” as it exposes pedestrians to having regulatory and supervisory authority over metro-wide service- various potential hazards. execute the necessary contracts and agreements. its Section 16 reasonable. RTC ordered petitioners to Clen Up and Rehabilitate Such fact serves as sufficient basis for Fernando and the MMDA’s Manila Bay. when appropriate. to the exclusion of the other member cities February 10. citing bus terminals as a contributor to traffic. DBM. and assign and hire personnel. quality standards. the Supreme Court notes that all the cities and municipalities within the MMDA’s Summary: On January 29. There are certain programs that are implemented in certain Summary: As early as 1969. (citing MMDA v. Concerned Residents of Manila Bay jurisdiction. continues to be operational. The MMDA performs planning. MMDA has no legislative power nor police power Executive Order (179) for the establishment of the Greater Manila Mass Transport system. While ordinances and similar enactments. manage the funds. and protection of the Manila Bay. have each enacted anti-jaywalking filed a complaint before the RTC in Imus. DOA. and MMDA v. Fernando and the MMDA contend that the Flag There is also no specific grant of authority/police power to the MMDA Scheme is a valid preventive measure against jaywalking. Provincial bus operators (Viron Transport Co. rehabilitation. enlist the assistance of other government instrumentalities. monitoring. and The MMDA performs planning. delivery without diminution of LGU autonomy on purely local matters. and inhuman punishment. The MMDA was to prepare the master plan. and coordination functions. so the President cannot delegate it as the project’s implementing DOCTRINE: The enactment by cities and municipalities within the agency. Section 17 mandating upgrading of Furthermore. Inc. DOCTRINE: The MMDA charter provides specific functions.

END OF LOCAL GOVERNMENT COURSE .