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Ateneo 2007 Political Law (Law On Public Corporation) PDF
Ateneo 2007 Political Law (Law On Public Corporation) PDF
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government. Under the principle of local as long as they act within the scope of their
autonomy and decentralization, LGUs have authority.
more powers, authority, responsibilities and Under the LGC (§25), the President
resources. exercises direct supervision over provinces,
highly urbanized cities and independent
Decentralization component cities. He exercises indirect
It is the devolution of national administration, not supervision over component cities and
power, to the local levels, in which local officials municipalities through the provinces. He also
remain accountable to the central government in exercises indirect supervision over barangays
the manner the law may provide. through the city or municipality concerned.
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lower LGU to issue. Hence, it cannot declare iii. Ordinance directing the payment of
the ordinance invalid on the ground that it is money or creating liability.
unnecessary. (Moday v. CA, Feb. 20, 1997) Veto communicated to sanggunian
within 15 days for province and 10 days
Role of National Government for city or municipality.
The approval of the national government is not
required of local governments to exercise the Review by Higher/Supervising Council
power of eminent domain. 1. The higher council can declare the
ordinance/resolution invalid if it is
Role of Judiciary beyond the scope of the power
1. Can inquire into the legality of the conferred upon the lower Sanggunian.
exercise of the right. 2. For barangay ordinances, the higher
2. Can determine whether there was a council can also rule that it is
genuine necessity inconsistent with law or city/municipal
ordinances.
NOTE: Only cities and municipalities can
reclassify agricultural lands through the proper Corporate Powers (§ 22) CODE: S C Re C O
ordinance after conducting public hearings for 1. To have continuous succession in its
the purpose. corporate name
2. To sue and be sued
Grounds for Reclassification 3. To have and use a corporate seal
1. When the land ceases to be 4. To acquire and convey real or personal
economically feasible and sound for property
agricultural purposes as determined by 5. To enter into contracts
the Department of Agriculture. 6. To exercise such other powers as are
2. When the land shall have substantially granted to corporations, subject to
greater economic value for residential, limitations in LGC/other laws.
commercial or industrial purposes as
determined by the Sanggunian Requisites of valid municipal contracts:
concerned. 1. LGU has express, implied or inherent
power to enter into a particular contract;
Taxation 2. Entered into by proper department,
Power to tax of LGUs is now pursuant to direct board, committee, or agent;
authority conferred by the 1987 Constitution. 3. must comply with substantive
Since LGUs have no inherent power to tax, their requirements;
power must yield to a legislative act. 4. must comply with formal requirements;
5. in case entered into by local chief
Legislative Power executive on behalf of LGU, prior
1. Local chief executive (except for punong authorization by Sanggunian concerned
barangay because he is already a is needed
member of the Sangguniang barangay)
has to approve the ordinance enacted Municipal Liability
by the council. Rule: Local Government units and their officials
2. Veto power of local chief executive. (§ are not exempt from liability for death or injury to
55) persons or damage to property (Sec 24 R.A.
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i. Ultra vires
ii. Prejudicial to public welfare Doctrine of Implied Municipal Liability
A municipality may become obligated upon an
b. Item veto implied contract to pay the reasonable value of
i. Appropriations ordinance the benefits accepted or appropriated by it as to
ii. Ordinance/resolution adopting local which it has the general power to contract; the
development plan and public doctrine applies to all cases where money or
investment program other property of a party is received under such
circumstances that the general law, independent
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be considered ipso facto resigned from his office 2. Who can impose preventive suspension
upon filing of his certificate of candidacy.
IMPOSED BY: RESPONDENT
Grounds for Disciplinary Actions (§ 60) LOCAL OFFICIAL
CODE: DCDCAUAS 1. President Elective official of a
An elective local official may be disciplined, province, highly
suspended or removed from office on any of the urbanized
following grounds: or Independent
1. Disloyalty to the Republic of the component city
Philippines 2. Governor Elective official of a
2. Culpable violation of the Constitution component city or
3. Dishonesty, oppression, misconduct in municipality
office, gross negligence, dereliction of 3. Mayor Elective official of a
duty barangay
4. Commission of any offense involving
moral turpitude or an offense punishable 3. Duration of preventive suspension
by at least prison mayor Single preventive suspension
5. Abuse of authority should not exceed 60 days.
6. Unauthorized absence for 15 If several administrative cases are
consecutive working days, except in the filed against an elective official, he
case of members of the Sanggunian cannot be preventively suspended
panlalawigan, Sangguniang for more than 90 days within a
panlungsod, Sangguniang bayan, single year on the same ground/s
Sangguniang barangay. existing and known at the time of
7. Application for or acquisition of foreign the first suspension.
citizenship or residence or the status of
an immigrant of another country. Suspension
8. Such other grounds as may be provided It should not exceed the unexpired
by the Code/other laws. term of the respondent or a period of 6
months for every administrative offense.
Preventive Suspension (§ 63) Penalty is NOT a bar to the candidacy of
1. When can it be imposed the respondent suspended as long as he meets
a. After the issues are joined the qualifications for the office.
b. When the evidence of guilt is strong
c. Given the gravity of the offense, Removal as result of Administrative
there is great probability that the Investigation
continuance in office of the It serves as a BAR to the candidacy of the
respondent could influence the respondent for any elective position.
witnesses or pose a threat to the
safety and integrity of the records Recall (§§ 69-75)
and other evidence Recall is the power of the electorate (registered
voters) to remove a local elected official for loss
of confidence through the holding of a
special/recall election.
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Two modes of initiating a recall:
1. adoption of a resolution by the
Preparatory Recall Assembly
(composed of local officials of the
lower/supervised local government unit)
2. petition by at least 25% of the registered
voters.
GROUND = Loss of confidence
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