XINA IXORA ARANAS

MIDTERM EXAM
MPA 524 LOCAL GOVERNMENT CODE AND REGIONAL ADMINISTRATION
ATTY. EDUARDO CARATAO

1. When and how an Autonomous Region be created? And how many

autonomous Region is allowed on our Constitution?

The Philippine Constitution provided 2 autonomous regions, the Cordillera Autonomous

Region or Cordillera Administrative Region in Luzon and the Autonomous Region of Muslim
Mindanao or Bangsamoro Autonomous Region of Muslim Mindanao. The Congress shall enact
an organic act for each autonomous region with the assistance and participation of the regional
consultative commission composed of representatives appointed by the President from a list of
nominees from multisectoral bodies. The organic act shall define the basic structure of
government for the region consisting of the executive department and legislative assembly,
both of which shall be elective and representative of the constituent political units. The organic
acts shall likewise provide for special courts with personal, family, and property law jurisdiction
consistent with the provisions of this Constitution and national laws.

The creation of the autonomous region shall be effective when approved by majority of the
votes cast by the constituent units in a plebiscite called for the purpose, provided that only
provinces, cities, and geographic areas voting favorably in such plebiscite shall be included in
the autonomous region.

2. What are the political subdivisions of the Philippines and explain each
briefly.

The territorial and political subdivisions of the Republic of the Philippines are the provinces,
cities, municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao
and the Cordilleras as hereinafter provided. The territorial and political subdivisions shall enjoy
local autonomy.

a. Barangay – is the basic political unit, it serves as the primary unit of government
policies, plans, programs, projects and activities in the community, and as a forum
wherein the collective views of the people may be expressed, crystallized and
considered and where disputes may be amicable entitles.
b. Municipality – consists of a group of barangays, serves primarily as a general purpose
government for the coordination and delivery of basic, regular and direct services and
effective governance of the inhabitants within its territorial jurisdiction.
c. City – consisting of more urbanized and developed barangays, serves as a general
purpose government for the coordination and delivery of basic, regular, and direct
services and effective governance of the inhabitants within its territorial jurisdiction.
 d. Province – composed of a cluster of municipalities, or municipalities and component
cities, and a political and corporate unit of government, serves as a dynamic mechanism
for developmental processes and effective governance of the local government units
within its territorial jurisdiction.

3. How Internal Revenue Allotment (IRA) is allocated to each local

government units?

The share of the local government units in the IRA shall be allocated in the following
manner:

a. Provinces- Twenty –three percent (23%), b. Cities – Twenty –three percent (23%),
c. Municipalities – Thirty-four percent (34%) d. Barangays – Twenty percent (20%)

Provided that the share of each province, city and municipality shall be determined on
the basis of the following formula:

a. Population – 50%, b. Land Area – 25% and c. Equal sharing - 25%

Provided further that the share of each barangay with population of not less than one
(100) inhabitants shall not be less than Eighty thousand pesos (P80,000) per annum chargeable
against the twenty percent (20%) share of the barangay from the internal revenue allotment.

4. What are the businesses which a barangay official is prohibited from

engaging it?

A barangay official is prohibited to engage in any business transaction with the LGU in which
he is an official or over which he has the power of supervision, or with any of its authorized
board officials, agents, attorneys, whereby money is to be paid, or property or any other thing
of value is to be transferred directly or indirectly, out of the resources of the barangay to such
person or firm. A barangay official cannot buy real estate or other property forfeited in favor of
the barangay for unpaid taxes or assessment. Q. A barangay official cannot be a surety for any
person having contract or doing business with the barangay for the performance of which
surety may be required.

5. What are the procedures in the filing an administrative case against an

elective barangay Officials?

1. Any person may file a verified complaint stating any grounds against a particular
elective barangay official before the SangguniangPanlungsod/Bayan to which the barangay
belongs. (Sec. 61, [C] LGC)
 2. Within seven (7) days after the verified complaint is filed, the
SangguniangPanlungsod/Bayan concerned shall require the respondent elective barangay
official to submit his verified answer within 15 days from receipt thereof. (Section 62, LGC)

3. Within ten (10) days after receipt of the answer of the respondent, or after the lapse
of the period within which to file the verified answer and none was filed, the
SangguniangPanlungsod/ Bayan will commence the hearing and investigation of the case. Per
Sec. 63, a preventive suspension may be imposed upon the respondent.

4. The investigation/hearing of the administrative case shall be terminated within ninety

(90) days from the start thereof. The Sangguinang Bayan/Panglunsod shall render its decision
within 30 days after the end of the investigation/hearing. (Sec. 66 [a], LGC)

6. How are barangay created in accordance with the provisions of the

Constitution and Local Government Code?

A barangay may be created, divided, merged, abolished, or its boundary substantially

altered, by law or by an ordinance of the sangguniangpanlalawigan or sangguniangpanlungsod,
subject to approval by a majority of the votes cast in a prebiscite to be conducted by the
Comelec in the local government unit or units directly affected within such period of time as
may be determined by the law or ordinance creating said barangay. In the case of the creation
of barangays by the sangguniangpanlalawigan, the recommendation of the sangguniangbayan
concerned shall be necessary.

Section 386 of the Local Government Units states that a barangay maybe created out of a
contiguous territory which has a population of at least two thousand (2,000) inhabitants as
certified by the National Statistics Office except in the cities and municipalities within Metro
Manila and other metropolitan, political subdivisions or in highly urbanized cities where such
territory shall have a certified population of at least five thousand (5,000) inhabitants: Provided
that the creation thereof shall not reduce the population of the original barangay or barangays
to less than the minimum requirement prescribed herein

7. What are the requisites to create a city?

A municipality or a cluster of barangays may be converted into a component city if it has an

average annual income, as certified by the Department of Finance, of at least Twenty million
pesos (P20,000,000.00) for the last two (2) consecutive years based on 1991 constant prices,
and if it has either of the following requisites

a. A contiguous territory of at least one hundred (100) square kilometres, as certified by

the Lands Management Bureau or
b. A population of not less than one hundred fifty thousand (150,000) inhabitants, as
certified by the National Statistics Office: Provided that the creation hereof shall not
 reduce the land area, population, and income of the original unit or units at the time of
said creation to less than the minimum requirements prescribed herein
c. The territorial jurisdiction of a newly-created city shall be properly identified by metes
and bounds. The requirement on the land area shall not apply where the city proposed
to be created is composed of one (1) or more islands, the territory need not be
contiguous if it comprises two (2) or more islands.
d. The average annual income shall include the income accruing to the general fund -
exclusive of special funds, transfers, and non-recurring income.

8. The Philippines has regions, the US has states and the Japanese has
prefectures, how can a country’s government choose to decide whether
what is to be used in their country’s sectors or groups as a collective
name? What could their basis be?

Regions first came to existence on September 24, 1972 when the provinces of the
Philippines were organized in to eleven regions under Presidential Decree No 1 as part of the
Integrated Reorganization Plan of President Ferdinand Marcos. Since that time, other regions
have been created and some provinces have been transferred from one region to another. As
far as the judiciary is concerned, specifically the first and second level courts, the country are
divided into judicial regions as provided by Batas PambansaBilang 129. The coverage of these
judicial regions generally coincides with that of the administrative regions in the Executive
branches of government.

9. What regions in the Philippines that has greater impact on tourism as well
as programs for poverty alleviation among its constituents?

Tourism is an important sector for Philippine economy. Philippines is an archipelagic

country composed of 7,641 islands with 82 provinces divided in 17 regions. The country is
known for having its rich biodiversity as its main tourist attraction. Its beaches, heritage towns
and monuments, mountains, rainforests, islands and diving spots are among the country’s most
popular tourist destinations. The country’s rich historical and cultural heritage, including its
festivals and indigenous traditions, are also one of the attractions in the Philippines. Popular
destinations among tourists are Cebu, Boracay, Palawan, Siargao, and many more.
10.What are the compositions of the SanguniangPanglungsod?

The SangguniangPanglungsod, the Legislative Body of the City, shall be composed of the
City Vice Mayor as Presiding Officer, the regular Sanggunian Members, the President of the
City Chapter of the Ligangmga Barangay, the President of the
PanglungsodnaPederasyonntmgaSangguniangKabataan. The regular members of the
SangguniangPanlungsod and two (2) other Ex-Officio members aforementioned shall be
elected in the manner as may be provided for by law.
JIBEMAE O. SUMAGANG
MIDTERM EXAM
MPA 524 LOCAL GOVERNMENT CODE AND REGIONAL ADMINISTRATION
ATTY. EDUARDO CARATAO

1. When and how an Autonomous Region be created? And how many

autonomous Region is allowed on our Constitution?
An autonomous region of the Philippines a first-level administrative division and it has
the authority to control the region's culture and economy. It is a minority entity that has a
higher population of a particular minority ethnic group. The Constitution of the
Philippines allows for two autonomous regions: for Cordilleras and Muslim Mindanao.

The Congress shall enact an organic act for each autonomous region with the assistance
and participation of the regional consultative commission composed of representatives
appointed by the President from a list of nominees from multisectoral bodies. The organic
act shall define the basic structure of government for the region consisting of the executive
department and legislative assembly, both of which shall be elective and representative of
the constituent political units. The organic acts shall likewise provide for special courts with
personal, family, and property law jurisdiction consistent with the provisions of this
Constitution and national laws.

The creation of the autonomous region shall be effective when approved by majority of
the votes cast by the constituent units in a plebiscite called for the purpose, provided that
only provinces, cities, and geographic areas voting favorably in such plebiscite shall be
included in the autonomous region.

2. What are the political subdivisions of the Philippines and explain each
briefly.

The Philippines has four levels of administrative divisions, the lowest three of which are
defined in the Local Government Code of 1991 as Local Government Units (LGUs).

1. Barangay – is the basic political unit, it serves as the primary unit of government
policies, plans, programs, projects and activities in the community, and as a forum
 wherein the collective views of the people may be expressed, crystallized and
considered and where disputes may be amicable entitles. A barangay can be:

a. an urban neighborhood, such as a city block or a gated community (e.g., Forbes

Park, Makati);
b. sizable urban district (e.g., Payatas, Quezon City);
c. a single hamlet or village (e.g., Pag-asa, Kalayaan, Palawan);
d. a small town (e.g., Mangagoy, Bislig, Surigao del Sur); or
e. a rural district composed of disperse settlements (e.g., Nagacadan, Kiangan,
Ifugao).
Each barangay is headed by a Barangay Captain. Its local legislative body is
the Sangguniang Barangay.

2. Municipality – consists of a group of barangays, serves primarily as a general purpose

government for the coordination and delivery of basic, regular and direct services and
effective governance of the inhabitants within its territorial jurisdiction. A municipality
is headed by a mayor. The Sangguniang Panlungsod is the legislative body for cities
and Sangguniang Bayan for municipalities.
3. City – consisting of more urbanized and developed barangays, serves as a general
purpose government for the coordination and delivery of basic, regular, and direct
services and effective governance of the inhabitants within its territorial jurisdiction.
4. Province – composed of a cluster of municipalities, or municipalities and component
cities, and a political and corporate unit of government, serves as a dynamic mechanism
for developmental processes and effective governance of the local government units
within its territorial jurisdiction. Each province is headed by a governor. Its legislative
body is the Sangguniang Panlalawigan.

3. How Internal Revenue Allotment (IRA) is allocated to each local

government units?

The share of the local government units in the IRA shall be allocated in the following
manner:

b. Provinces- Twenty –three percent (23%), b. Cities – Twenty –three percent (23%),
c. Municipalities – Thirty-four percent (34%) d. Barangays – Twenty percent (20%)

Provided that the share of each province, city and municipality shall be determined on
the basis of the following formula:

b. Population – 50%, b. Land Area – 25% and c. Equal sharing - 25%

Provided further that the share of each barangay with population of not less than one
(100) inhabitants shall not be less than Eighty thousand pesos (P80,000) per annum
chargeable against the twenty percent (20%) share of the barangay from the internal
revenue allotment.

4. What are the businesses which a barangay official is prohibited from

engaging it?

A barangay official is prohibited to engage in any business transaction with the LGU in
which he is an official or over which he has the power of supervision, or with any of its
authorized board officials, agents, attorneys, whereby money is to be paid, or property or
any other thing of value is to be transferred directly or indirectly, out of the resources of the
barangay to such person or firm.

5. What are the procedures in the filing an administrative case against an

elective barangay Officials?

Under Section 61 (C) LGC) Any person may file a verified complaint stating any grounds
against a particular elective barangay official before the SangguniangPanlungsod/Bayan to
which the barangay belongs.

1. Within seven (7) days after the verified complaint is filed, the
SangguniangPanlungsod/Bayan concerned shall require the respondent elective barangay
official to submit his verified answer within 15 days from receipt thereof. (Section 62, LGC)

2. Within ten (10) days after receipt of the answer of the respondent, or after the
lapse of the period within which to file the verified answer and none was filed, the
SangguniangPanlungsod/ Bayan will commence the hearing and investigation of the case.
Per Sec. 63, a preventive suspension may be imposed upon the respondent.

3. The investigation/hearing of the administrative case shall be terminated within

ninety (90) days from the start thereof. The Sangguinang Bayan/Panglunsod shall render its
decision within 30 days after the end of the investigation/hearing. (Sec. 66 [a], LGC)

6. How are barangay created in accordance with the provisions of the

Constitution and Local Government Code?

A barangay may be created, divided, merged, abolished, or its boundary substantially

altered, by law or by an ordinance of the sangguniangpanlalawigan or
sangguniangpanlungsod, subject to approval by a majority of the votes cast in a prebiscite
to be conducted by the Comelec in the local government unit or units directly affected
within such period of time as may be determined by the law or ordinance creating said
barangay. In the case of the creation of barangays by the sangguniangpanlalawigan, the
recommendation of the sangguniangbayan concerned shall be necessary.
 Section 386 of the Local Government Units states that a barangay maybe created out of
a contiguous territory which has a population of at least two thousand (2,000) inhabitants
as certified by the National Statistics Office except in the cities and municipalities within
Metro Manila and other metropolitan, political subdivisions or in highly urbanized cities
where such territory shall have a certified population of at least five thousand (5,000)
inhabitants: Provided that the creation thereof shall not reduce the population of the
original barangay or barangays to less than the minimum requirement prescribed herein

7. What are the requisites to create a city?

A municipality or a cluster of barangays may be converted into a component city if it has

an average annual income, as certified by the Department of Finance, of at least Twenty
million pesos (P20,000,000.00) for the last two (2) consecutive years based on 1991
constant prices, and if it has either of the following requisites

a. A contiguous territory of at least one hundred (100) square kilometres, as

certified by the Lands Management Bureau or
b. A population of not less than one hundred fifty thousand (150,000) inhabitants,
as certified by the National Statistics Office: Provided that the creation hereof
shall not reduce the land area, population, and income of the original unit or
units at the time of said creation to less than the minimum requirements
prescribed herein
c. The territorial jurisdiction of a newly-created city shall be properly identified by
metes and bounds. The requirement on the land area shall not apply where the
city proposed to be created is composed of one (1) or more islands, the territory
need not be contiguous if it comprises two (2) or more islands.
d. The average annual income shall include the income accruing to the general fund
-exclusive of special funds, transfers, and non-recurring income.

8. The Philippines has regions, the US has states and the Japanese has
prefectures, how can a country’s government choose to decide whether
what is to be used in their country’s sectors or groups as a collective
name? What could their basis be?

If the US has states and the Japaneses has prefectures, a country’s government may
decide to call its groups islands as a collective name. Although Philippines comprises of
7,641 islands but composed of 3 major islands namely Luzon, Visayas and Mindanao. These
3 major islands are the geographical divisions of the Philippines. The Luzon and Mindanao
are both named after the largest island in their respective groups, while the Visayas (also
the Visayan Islands) are an archipelago.

9. What regions in the Philippines that has greater impact on tourism as well
as programs for poverty alleviation among its constituents?
 Tourism is an important sector for Philippine economy. In 2015, the travel and tourism
industry contributed 10.6% to the country's GDP. Philippines is an archipelagic country
composed of 7,641 islands with 82 provinces divided in 17 regions. The country is known for
having its rich biodiversity as its main tourist attraction. Its beaches, heritage towns and
monuments, mountains, rainforests, islands and diving spots are among the country's most
popular tourist destinations. The country's rich historical and cultural heritage, including its
festivals and indigenous traditions, are also one of the attractions of Philippines. Popular
destinations among tourists are Cebu, Boracay, Palawan, Siargao, and many more.
As of 2015, 4.99 million Filipinos have been employed in the tourism sector and the
government collected P227.62 billion pesos from foreign tourists, almost 25% of which
came from Boracay. The country attracted a total of 5,360,682 foreign visitors in 2015
through its successful tourism campaign of "It's More Fun in the Philippines". In 2017,
foreign arrivals peaked at 6,620,908.
Philippines has garnered numerous titles related to tourism, namely, the traditional
capital of the world's festivities, the capital of the western Pacific, the centre
of Hispanic Asia, the Pearl of the Orient Seas, center of the Coral Triangle, and the capital
of fun. The country is also a biodiversity hotspot, having the world's highest endemism rate
for bird species, and one of the highest for mammals and flora. It is also the largest bastion
for Roman Catholicism in all of Asia. The country is also home to one of the New7Wonders
of Nature, the Puerto Princesa Subterranean River National Park, and one of
the New7Wonders Cities, the Heritage City of Vigan. It is also home to 6 UNESCO world
heritage sites scattered in 9 different locations, 3 UNESCO biosphere reserves, 3
UNESCO intangible cultural heritage, 4 UNESCO memory of the world documentary
heritage, 1 UNESCO creative city, 2 UNESCO world heritage cities, 7 Ramsar wetland sites,
and 8 ASEAN Heritage Parks. More than 90% of all Filipinos can understand and
speak English, as many are multilingual.

10. What are the compositions of the SanguniangPanglungsod?

The SangguniangPanglungsod, the Legislative Body of the City, shall be composed of the
City Vice Mayor as Presiding Officer, the regular Sanggunian Members, the President of the
City Chapter of the Ligangmga Barangay, the President of the
PanglungsodnaPederasyonntmgaSangguniangKabataan. The regular members of the
SangguniangPanlungsod and two (2) other Ex-Officio members aforementioned shall be
elected in the manner as may be provided for by law.