LOCAL

GOVERNMENT
CODE OF 1991
RENZ PAOLO B. RAMOS
M.A. PUBLIC ADMINISTRATION
BOOK 1: GENERAL
PROVISIONS
TITLE 1: BASIC
PRINCIPLES
CHAPTER 1 THE CODE: POLICY
AND APPLICATION
 SEC. 1 TITLE
 SEC. 2 DECLARATION OF POLICY
 SEC. 3 OPERATIVE PRINCIPLES OF
DECENTRALIZATION
 SEC. 4 SCOPE OF APPLICATION
 SEC. 5 RULES OF INTERPRETATION
“FATHER OF PHILIPPINE LOCAL
GOVERNMENT”
■ Sen. Aquilino
“Nene” Pimentel
Jr.
■ Principal Author
of the LGC of
1991
SEC. 1 LOCAL GOVERNMENT CODE OF
1991
■ EFFECTIVITY DATE : JANUARY 1, 1992
■ LOCAL GOVERNMENT
– “A POLITICAL SUBDIVISION OF A NATION OR STATE
WHICH IS CONSTITUTED BY LAW AND HAS
SUBSTANTIAL CONTROL OVER LOCAL AFFAIRS”
– BASCO VS PAGCOR, 197 SCRA 52 1991
SEC. 2 TERRITORIAL AND POLITICAL
SUBDIVISION OF THE STATE
A. GENUINE AND MEANINGFUL AUTONOMY
 SELF-RELIANT COMMUNITIES
 SYSTEM OF DECENTRALIZATION*
1. POWER
2. AUTHORITY
3. RESPONSIBILITY
4. RESOURCES

*SYSTEM OF IMPLEMTATION IS EXPLAINED IN SEC. 17

SEC. 2 TERRITORIAL AND POLITICAL
SUBDIVISION OF THE STATE
B. ACCOUNTABILITY OF LGU’S
1. RECALL – LOSS OF CONFIDENCE IN THE ELECTED
LOCAL OFFICIAL, * 1 YEAR AFTER ASSUMP. INTO
OFFICE
2. INITIATIVE – PETITION TO ENACT CERTAIN
LEGISLATION
3. REFERENDUM – APPROVE OR REJECT POLICIES
ENACTED

SOURCE: R.A. 6735 AN ACT PROVIDING FOR A SYSTEM OF INITIATIVE AND REFERENDUM
SEC. 3 PRINCIPLES OF
DECENTRALIZATION
A. EFFECTIVE ALLOCATION OF POWER, FUNCTIONS,
RESPONSIBILITY, RESOURCES
B. EFFICIENT SERVICE DELIVERY OF THE BUREAUCRACY
C. LOCAL EMPLOYEES/OFFICIAL
- LOCALLY FUNDED
- APPOINTED/REMOVED WITH UNDER CIVIL SERVICE
LAWS
D. VESTING DUTY SHALL BE ACCOMPANIED WITH
APPROPRIATE RESOURCES
SEC. 3 PRINCIPLES OF
DECENTRALIZATION
E. THE ACTS OF THEIR COMPONENT UNITS ARE WITHIN
THE SCOPE OF THEIR PRESCRIBED POWERS AND
FUNCTIONS
F. LGU’S MAY GROUP THEMSELVES, CONSOLIDATE OR
COORDINATE
 LEAGUE OF PROVINCES, CITIES, MUNICIPALITIES
AND BARANGAYS
 LEAGUE OF GOVERNORS, VG’S, MAYORS, ETC.
SEC. 3 PRINCIPLES OF
DECENTRALIZATION
G. MUNICIPALITIES AND BARANGAYS SHALL HAVE
OPPORTUNITIES TO PARTICIPATE ACTIVELY IN
IMPLEMENTATION OF NAT’L PROGRAMS AND
PROJECTS
H. CONTINUING MECHANISM TO ENHANCE LOCAL
AUTONOMY
I. MANAGEMENT AND MAINTAINANCE OF ECOLOGICAL
BALANCE WITHIN TERRITORIAL JURISDICTION
SEC. 3 PRINCIPLES OF
DECENTRALIZATION
J. EFFECTIVE MECHANISMS FOR ENSURING THE
ACCOUNTABILITY OF LGU’S TO ENHANCE LOCAL
LEADERSHIP
K. IMPROVED COORDINATION WITH NAT’L GOVERNMENT
L. PARTICIPATION OF THE PRIVATE SECTOR PARTICULARLY
IN THE DELIVERY OF PUBLIC SERVICE
M. DECENTRALIZATION HELPS IN THE IMPROVEMENT OF THE
PERFORMANCE OF THE LGU’S AND THE QUALITY OF LIFE
OF THE COMMUNITY
SEC.4 SCOPE OF APPLICATION
■ ALL LOCAL GOVERNMENT UNITS UNDER
THIS CODE
■ AUTONOMOUS REGION
– LGU’S UNDER ARMM
■ METROPOLITAN AREAS
■ LOCAL OFFICES AND OFFICERS OR
AGENCIES OF THE NAT’L GOVERNMENT
DEVOLVED
SEC.5 RULES OF INTERPRETATION
■ Any provision on a power of a LGU shall be liberally
interpreted in its favor; in case of doubt, any question
shall be resolved in favor of devolution of power.
– “In case of doubt as to whether or not a power has
been granted to an LGU, the presumption is that
such power was devolved to the LGU” – Pimentel,
2011
– Whenever the issue is as to who must rightfully
exercise power between lower and a higher LGU
“any fair and reasonable doubt” shall be interpreted
in favor of the lower LGU.
SEC.5 RULES OF INTERPRETATION:
TAXES
■ Any tax ordinance or revenue measure shall be construed
strictly against the LGU enacting it and liberally in favor if
the taxpayer.
– The power of LGU to levy taxes is not automatically
conceded but may be challenged by the latter
■ Any tax exemption, incentive or relief granted by any LGU
shall be construed strictly against the person claiming it.
– Before local government money is paid out to anyone
by virtue of an ordinance or alike, the terms and
conditions for the payment or for the relief must be
applied.
SEC.5 RULES OF
INTERPRETATION: GENERAL
WELFARE CLAUSE
■ The general welfare provision shall be liberally
interpreted to give more powers to LGUs in accelerating
economic development and upgrading the quality of
life for the people in the community.
SEC.5 RULES OF
INTERPRETATION: CONTRACTS
AND
■ RightsOBLIGATIONS
and obligations existing on the date of
effectivity of this Code and arising out of contracts or
any other source of prestation involving a LGU shall be
governed by the original terms and conditions of said
contracts or the law force at the time of such rights
were vested.
SEC.5 RULES OF
INTERPRETATION: NO LAW OR
JURISPRUDENCE
■ IN THE RESOLUTION OF CONTROVERSIES ARISING UNDER THIS
CODE WHERE NO LEGAL PROVISION OF JURISPRUDENCE
APPLIES, RESORT MAY BE HAD TO THE CUSTOMS AND
TRADITIONS IN THE PLACE WHERE THE CONTROVERSIES TAKE
PLACE.
■ CUSTOMS – A RULE OF CONDUCT FORMED BY REPETITION OF
ACTS UNIFORMLY OBSERVED OR PRACTICED AS A SOCIAL
RULE, LEGALLY BINDING AND OBLIGATORY
■ TRADITION – INHERITED PRINCIPLE, STANDARD, PRACTICE
SERVING AS ESTABLISHED GUIDE OF AN INDIVIDUAL OR
GROUP
SEC. 6 AUTHORITY TO CREATE
LOCAL GOVERNMENT UNITS
■ NEEDS LEGISLATION
– “The authority to create municipal corporations (or any LGU) is
essentially legislative in nature” – Pelaez vs Auditor General 15 SCRA
569 (1965)
– NATIONAL – PROVINCES, CITIES, ELEVATION INTO CITY, MUNICIPALITY,
*BARANGAY
– *ART. 6 OF THE IRR OF THE LGC
■ “THE CONGRESS MAY CREATE BARANGAYS IN INDEGENOUS
CULTURAL COMMUNITIES TO ENHANCE THE DELIVERY OF BASIC
SERVICES IN THE SAID AREAS AND IN MUNICIPALITIES OF METRO
MANILA”
– ORDINANCE– BARANGAYS
SEC. 6 AUTHORITY TO CREATE
LOCAL GOVERNMENT UNITS
■ VERIFIABLE INDICATORS OF VIABILITY AND
PROJECTED CAPACITY
A. INCOME – SUFFICIENT BASED ON ACCEPTABLE
STANDARDS (DEPT. OF FINANCE)
B. POPULATION – TOTAL NUMBER OF INHABITANTS
WITHIN THE TERRITORIAL JURISDICTION (NSO now
PSA)
C. LAND AREA – CONTIGUOUS, UNLESS COMPRISED
BY 2 OR MORE ISLANDS (LMB of DENR)
SEC. 7 MINIMUM REQUIREMENTS
AVERAGE POPULATION LAND AREA
LGU ANNUAL
INCOME(PHP)

PROVINCE 20,000,000 250,000 2,000sq.km.

CC 20,000,000 150,000 OR
100sq.km.
HUC 50,000,00
MUNICIPALITY 2,500,000 25,000 50sq.km.
BARANGAY NONE 2,000(Mc,Pr,CC) CONTIGUOUS
5,000 (HUC,
SPECIFIED
Metro)
SEC. 7 MINIMUM REQUIREMENTS

■ IN CONVERTING A MUNICIPALITIES INTO CITY IT NEEDS

AN AVERAGE ANNUAL INCOME OF NOT LESS PHP100
MILLION AS PER R.A. 9009 OF 2001
– “AN ACT AMENDING SECTION 450 OF REPUBLIC ACT NO. 7160, OTHERWISE
KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991, BY INCREASING THE
AVERAGE ANNUAL INCOME REQUIREMENT FOR A MUNICIPALITY OR CLUSTER
OF BARANGAYS TO BE CONVERTED INTO A COMPONENT CITY”
– BASED ON 2000 CONSTANT PRICES
SEC. 7 MINIMUM REQUIREMENTS
SEC. 7: 2 EXCEPTIONS ON CONTIGUITY
REQUIREMENT
A. WHEN AN LGU COMPRISES 2 OR MORE ISLANDS
 “THE LAND AREA REQUIREMENT SHALL NOT APPLY
WHERE THE PROPOSED LGU IS COMPOSED OF 1 OR
MORE ISLANDS.” ART. 9 IRR OF THE LGC
EXAMPLES As cited in Navarro vs Exec.
Sec. Ermita Concurring Opinion J. Del
Castillo (2011)
ISLAND PROVINCES ORIGINAL PROVINCE LAW
DINAGAT ISLANDS SURIGAO DEL NORTE RA 9355 OF 2011
BATANES CAGAYAN PROVINCE ACT OF 1952 OF 1909
CAMIGUIN MISAMIS ORIENTAL RA 4669 OF 1966
SIQUIJOR NEGROS ORIENTAL RA 6398 OF 1971
BILIRAN LEYTE SEC. 462 OF LGC
GUIMARAS ILOILO SEC. 462 OF LGC
MARINDUQUE TAYABAS ACT 2880 OF 1920
DINAGAT ISLANDS
BATANES ISLANDS
CAMIGUIN
SIQUIJOR
BILIRAN
GUIMARAS
MARINDUQUE
SEC. 7: 2 EXCEPTIONS ON CONTIGUITY
REQUIREMENT
B. WHEN IT IS SEPARATED BY AN LGU INDEPENDENT FROM
OTHERS
 THE 2 PARTS OF A PROVINCE IS SEPARATED BY AN HUC
IN CAGAYAN DE ORO CITY WHICH IS FOUND BETWEEN
MISAMIS ORIENTAL AND OCCIDENTAL.
 2 PARTS OF THE PROVINCE MAY NOT BE CONTIGUOUS
BECAUSE OF THE PRESENCE OF AN INDEPENDENT LGU
 PIMENTEL, P.44 LOCAL GOVERNMENT CODE REVISITED (2011)
CAGAYAN DE ORO CITY
CONVERSION FROM
MUNICIPALITY TO CITY: CASE OF
BINAN, LAGUNA
INDICATORS MINIMUM
REQUIREMENT: CC
BINAN, LAGUNA
2010
VERIFY

POPULATION 150,OOO 283,396

INCOME P 20,000,000 1.3 BILLION

LAND AREA 100SqKm 43.05SqKm. WAIVED BECAUSE OF

INCOME

LEGISLATION REPUBLIC ACT R.A. 9740 OF 2009

SEC. 8 DIVISION AND MERGER
■ SHALL COMPLY WITH THE SAME REQUIREMENTS
■ DIVISION SHALL NOT REDUCE THE INCOME,
POPULATION AND LAND AREA OF THE LGU’S
CONCERNED TO LESS THAN THE MINIMUM
REQUIREMENTS.
■ THE INCOME OF THE ORIGINAL LGU SHALL NOT FALL
BELOW ITS CURRENT INCOME CLASSIFICATION
MERGING LOCAL GOVERNMENTS: THE
CASE OF NEGROS ISLAND REGION
■ NEGROS OCCIDENTAL ORG. WESTERN VISAYAS (REG.
6)
■ NEGROS ORIENTAL ORG. CENTRAL VISAYAS (REG. 7)
■ UPON THE PETITION OF BOTH SANGGUNIANG
PANLALAWIGAN TO DILG, PRES. B.S. AQUINO SIGNED
E.O. 183 s. 2015 IN CAPACITY AS PRESIDENT
THROUGH GENERAL SUPERVISION POWER VESTED IN
HIM.
■ CREATED PRIMARILY TO COORDINATE THE PLANNING
AND IMPLEMENTATION OF PROGRAMS AND SERVICES
IN THE REGION
SEC. 9 ABOLITION OF LOCAL
GOVERNMENT UNITS
■ WHENEVER ANY OR ALL OF THE FACTORS ARE
“IRREVERSIBLY REDUCED TO LESS THAN THE MINIMUM
STANDARDS”
■ ABOLITION MAY BE DONE THROUGH AN ACT OF
CONGRESS
■ WHENEVER AN LGU IS ABOLISHED, IT IS A REQUIREMENT
THAT THE PROVINCE, CITY, MUNICIPALITY OR BARANGAY
WHICH IT WILL BE INCORPORATED OR MERGED SHOULD
BE SPECIFIED IN THE MEASURE DIRECTING SUCH
ABOLITION.
SEC. 10 PLEBISCITE
REQUIREMENT
 MAJORITY OF THE VOTES CAST IN A
PLEBISCITE CALLED FOR THE PURPOSE
IN THE POLITICAL UNIT/S AFFECTED
 CONDUCTED BY THE COMELEC
 120 DAYS AFTER THE EFFECTIVITY OF
THE LAW
SEC. 11 SELECTION AND TRANSFER OF
LOCAL GOVERNMENT SITE, OFFICES, AND
FACILITIES
■ SPECIFY THE SEAT OF GOVERNMENT (ORDINANCE)
■ FACTORS CONSIDERED ARE:
 GEOGRAPHIC CENTRALITY
 ACCESSIBILITY
 AVAILABILITY OF TRANSPORTATION AND
COMMUNICATION
 DRAINAGE AND SANITATION FACILITIES
SEC. 11 SELECTION AND TRANSFER OF
LOCAL GOVERNMENT SITE, OFFICES, AND
FACILITIES
■ IN CASE OF TRANSFER
– 2/3 VOTE OF THE SANGGUNIAN AFTER PUBLIC
CONSULATION
– WITHIN TERRITORIAL JURISDICTION
– FOR PROVINCES : NEEDS TO BE IN THE CAPITAL
CITY/MUNICIPALITY
TRANSFERING THE SEAT OF GOVERNMENT:
THE CASE OF RIZAL PROVINCE
 RIZAL PROVINCE WAS CREATED BY THE VIRTUE OF ACT
No. 137 of 1901
 COMPOSED OF 29 MUNICIPALITIES WITH PASIG AS IT’S
CAPITAL
 PD 824 OF 1975 LAS PINAS, PARANAQUE,
MUNTILUPA, TAGUIG, PATEROS, MAKATI,
MANDALUYONG, SAN JUAN, MALABON, NAVOTAS,
MARIKINA AND PASIG WERE REMOVED FROM THE
PROVINCE TO CREATE NATIONAL CAPITAL REGION
TRANSFERING THE SEAT OF GOVERNMENT:
THE CASE OF RIZAL PROVINCE
 THE PROVINCIAL CAPITOL REMAINED IN PASIG EVEN IF IT IS
ALREADY OUTSIDE THE TERRITORIAL JURISDICTION OF THE
PROVINCE (VIOLATES ART. 7 IRR OF THE LGC)
 IN 2007 PB RES. NO. 91 WAS PASSED IN RIZAL
 Taking note of and recognizing the deed of Reversion
(DOR) executed by and between the Rizal Provincial
Government thru Hon. Governor Casimiro M. Ynares, Jr. in
favor of Ortigas and Company, limited partnership and
the opinion of the National Economic Development
Authority (NEDA) and the Department of Justice (DOJ)
relative to the transfer of the Provincial Capitol of Rizal
from its present site in Pasig City to Ynares Center in
Antipolo City
TRANSFERING THE SEAT OF GOVERNMENT:
THE CASE OF RIZAL PROVINCE
 IN 2009, THE NEW PROVINCIAL CAPITIOL WAS
INAUGURATED IN ANTIPOLO CITY, RIZAL PROVINCE’S
LONE COMPONENT CITY.
 THE OLD PROVINCIAL CAPITOL SITE WAS SOLD TO
ORTIGAS COMPANY AND NOW KNOWN AS CAPITOL
COMMONS, A RESIDENTIAL AND COMMERCIAL AREA.
 NEED: ACCESSIBILITY
 SOURCE: HB 01949 An Act Declaring Antipolo City as the Official Capital of
the Province of Rizal
OLD AND NEW RIZAL
PROVINCIAL CAPITOL
SEC. 12 GOVERNMENT CENTERS

■ PRACTICABLE LOCATION
■ NATIONAL GOVERNMENT, LOCAL GOVERNMENT OR
GOCC CONCERNED SHALL BEAR THE EXPENSES FOR
THE CONSTRUCTION OF ITS BUILDINGS AND FACILITIES
IN THE GOVERNMENT CENTER
SEC. 13 NAMING OF LGU’S, PUBLIC
PLACES, STREETS AND STRUCTURES
PROVINCE HUC/ICC CC/MUNICIPALITY

COMPONENT CITIES AND CITY BARANGAYS CITY OR MUNICIPAL

MUNICIPALITIES *CONSULTATION WITH PHL BARANGAYS*CONSULTATION
*CONSULTATION WITH PHL HISTORICAL COMMISSION WITH PHL HISTORICAL
HISTORICAL COMMISSION COMMISSION
PROVINCIAL ROAD, AVENUES, CITY ROAD, AVENUES, BLVD’S, CITY/MUNICIPAL ROAD,
BLVD’S, ETC ETC AVENUES, BLVD’S, ETC
TERTIARY, POST-SECONDARY, ELEMENTARY, SECONDARY, ELEMENTARY, SECONDARY,
TECH-VOC SCHOOLS TECH-VOC AND TERTIARY TECH-VOC AND TERTIARY
SCHOOLS SCHOOLS
HOSPITALS AND HEALTH HOSPITALS AND HEALTH HOSPITALS AND HEALTH
FACILITIES FACILITIES FACILITIES
OTHER PROVINCIAL PUBLIC OTHER CITY PUBLIC PLACE OR OTHER CITY/MUNICIPAL PUBLIC
PLACE OR BUIDING BUIDING PLACE OR BUIDING
SEC. 13 NAMING OF LGU’S, PUBLIC
PLACES, STREETS AND STRUCTURES
■ NONE SHALL BE NAMED AFTER A LIVING PERSON NOR
MAY CHANGE OF NAME BE MADE UNLESS FOR A
JUSTIFIABLE REASON
■ NOT OFTENER THAN ONCE EVERY 10 YEARS
■ LGU’S, PUBLIC PLACE, STREET OR STRUCTURE WITH
HISTORICAL CULTURAL OR ETHNIC SIGNIFICANCE
SHALL NOT BE RENAMED UNLESS A UNANIMOUS VOTE
OF THE SANGGUNIAN WITH THE CONCENT OF THE PHC.
SEC. 13 NAMING OF LGU’S, PUBLIC
PLACES, STREETS AND STRUCTURES

PUBLIC PUBLIC LGU

SCHOOL HOSPITAL
 LOCAL  LOCAL HEALTH  PLEBISCITE
SCHOOL BOARD (CONCERNED
BOARD LGU)
SEC. 14 BEGINNING OF
CORPORATE EXISTENCE
■ THE CORPORATE LIFE OF AN LGU BEGINS WITH THE
ELECTION* AND ASSUMPTION** OF OFFICE OF THE
CHIEF EXECUTIVE AND THE MAJORITY OF THE
MEMBERS OF SANGGUNIAN
■ *DUELY PROCLAIMED
■ **12 NOON OF JUNE 30 (YEAR)
SEC. 15 POLITICAL AND CORPORATE
NATURE OF LOCAL GOVERNMENT UNITS

POLITICAL CORPORATE
■ GOVERNMENTAL POWERS ■ PROPRIETOR
– POLICE POWER AND – MAINTAIN WATER SYSTEMS
REGULATIONS – PUBLIC MARKETS
– EMINENT DOMAIN – OWN/SELL PROPERTIES
– COLLECTION OF TAXES – ENTER INTO CONTRACTS
SEC. 16 GENERAL WELFARE

LEGISLATIVE POLICE POWER

■ ENACT ORDINANCES AND MAKE ■ THE POWER TO PRESCRIBE
REGULATIONS NOT REPUGNANT TO REGULATIONS TO PROMOTE PUBLIC:
LAW – HEALTH
■ PURPOSE: TO DISCHARGE – WELFARE
POWERS AND DUTIES CONFERRED – MORALS
– COMFORT AND CONVENIENCE
– SAFETY
SEC. 17 BASIC SERVICES AND
FACILITIES
NATIONAL AGENCY
DEPARTMENT OF AGRICULTURE
DENR
DEPT. OF HEALTH
DEPT. PUBLIC WORKS AND HIGHWAYS
DEPARTMENT OF EDUCATION
DEPT. SOCIAL WELFARE AND DEVELOPMENT
DEPARTMENT OF TOURISM
OTHERS
SERVICES/FACILITIES DEVOLVED
AGRICULTURAL EXTENSION AND ON-SITE
RESEARCH
COMMUNITY BASED FORESTRY PROJECTS
LOCAL HOSPITALS AND HEALTH CENTERS
LOCALLY FUNDED INFRASTRUCTURE
PROJECTS
PUBLIC SCHOOLS
SOCIAL WELFARE SERVICES
TOURISM FACILITIES AND PROMOTION
FINANCIAL AND INVESTMENTS SUPPORT,
LOCAL HOUSING PROJECTS (PROV & CITIES)
SEC. 18 POWER TO GENERATE AND
APPLY RESOURCES
LOCALLY GENERATED TAXES EXTERNALLY SOURCED
BUSINESS TAX INTERNAL REVENUE ALLOTMENT
BANKS AND FINANCIAL INSTITUTIONS PROCEEDS FROM NATIONAL WEALTH
FOREST PRODUCTS LOANS, CREDITS, BONDS, INVESTMENTS
MINES AND MINERAL PRODUCTS GRANTS (DOMESTIC OR FOREIGN)
TAX ADJUSTMENT EVERY 5 YEARS NOT <10%
REAL PROPERTY TAX
INCOME FROM PUBLIC ENTERPRISES
FEES AND CHARGES
PERMITS AND FRANCHISES
SEC. 19 EMINENT DOMAIN
■ THE POWER OF THE STATE TO TAKE PRIVATE
PROPERTIES FOR PUBLIC USE OR PURPOSES OF
PUBLIC WELFARE UPON THE PAYMENT OF JUST
COMPENSATION
■ THE EXERCISE OF EMINENT DOMAIN MAY NOT BE
EXERCISED UNLESS A VALID AND DEFINITE OFFER HAS
BEEN PREVIOUSLY MADE TO THE OWNER
SEC. 19 EMINENT DOMAIN
■ REQUISITES
– AN ORDINANCE AUTHORIZING THE LCE TO SUBJECT
A CERTAIN PROPERTY FOR EXPROPRIATION
– PURPOSE: PUBLIC USE OR WELFARE AND BENEFITS
THE COMMUNITY ESP THE POOR
– PAID JUST COMPENSATION
– VALID AND DEFINITE OFFER PREVIOUSLY DECLINED
SEC. 19 EMINENT DOMAIN
■ JUST COMPENSATION
– “EQUIVALENT OF THE VALUE OF THE PROPERTY
TAKEN NOT MORE OR LESS”
– “FAIR AND FULL EQUIVALENT FOR THE LOSS
SUSTAINED” (EPZA vs Dulay, 149 SCRA 305, 1987)
– EXPROPRIATION DOES NOT NEED DAR AUTHORITY
SEC. 19 EMINENT DOMAIN
■ A RESOLUTION IS INSUFFICIENT TO EXERCISE EMINENT
DOMAIN
■ RECLAMATION OF FORESHORE LANDS AND LANDS
UNDER WATER ARE NOT SUBJECTS TO EMINENT
DOMAIN
– CHAVEZ VS PUBLIC ESTATES AUTHORITY 415 SCRA 403, (2003)
SEC. 20 RECLASSIFICATION
OF LANDS
■ REQUISITES FOR UTILIZATION/DISPOSITION
1. LAND CEASES TO BE ECONOMICALLY FEASIBLE OR
SOUND FOR AGRICULTURAL PURPOSES (DAR
CERTIFIED)
2. LAND SHALL HAVE SUBTANTIALLY GREATER
ECONOMIC VALUE FOR RESIDENTIAL,
COMMERCIAL OR INDUSTRIAL PURPOSES
3. LANDS SUBJECTED TO CARL ARE NOT AFFECTED
SEC. 20 RECLASSIFICATION
OF LANDS
■ LIMITATIONS
PERCENTAGE OF LAND
LGU TO BE RECLASSIFIED
HUC / ICC 15 %
CC / 1ST-3RD CLASS 10%
MUNCIPALITY
4TH – 6TH CLASS 5%
MUNICIPALITY
SEC. 21 CLOSURE AND OPENING OF
ROADS
■ AN LGU MAY, THROUGH AN ORDINANCE,
PERMANENTLY OR TEMPORARILY CLOSE OR OPEN
ANY ROAD, ALLEY, PARK, SQUARE WITHIN ITS
JURISDICTION
– PRIVATE ESTABLISMENTS/FACILITIES CAN BE
CLOSED TEMPORARILY/REGULATED AS NEEDED
■ IN CASE OF PERMANENT CLOSURE, 2/3 VOTE OF
SANGGUNIAN IS NEEDED AND SUBSTITUTE
ROAD/FACILITY (REAL PROPERTIES OF LGU)
SEC. 21 CLOSURE AND OPENING OF
ROADS
■ REASONS FOR TEMPORARY CLOSURE
– EMERGENCY
– FIESTA CELEBRATIONS
– PUBLIC RALLIES
– AGRICULTURAL/INDUSTRIAL EXPOS
– ROADS/FACILITIES MAINTAINANCE OR
IMPROVEMENT
SEC. 22 CORPORATE POWERS
■ TO HAVE CONTINUOUS SUCCESSION IN ITS
CORPORTATE NAME
■ TO SUE AND BE SUED
■ TO HAVE AND USE CORPORATE SEAL
■ TO ACQUIRE AND CONVEY SEAL OR PERSONAL
PROPERTY
■ TO ENTER INTO CONTRACTS
■ TO EXERCISE POWERS GRANTED BY LAW
SEC. 22 CORPORATE POWERS
■ NO CONTRACT MAY BE ENTERED INTO BY THE LCE IN
BEHALF OF THE LGU WITHOUT PRIOR AUTHORIZATION
BY THE SANGGUNIAN.
■ LGU’S ENJOY FULL AUTONOMY IN EXERCISING
PROPRIETY FUNCTIONS
■ LGU’S SHOULD REGISTER ACQUIRED PROPERTIES TO
THE COMMISSION ON AUDIT
SEC. 23 AUTHORITY TO NEGOTIATE
AND SECURE GRANTS
■ THE LCE UPON THE AUTHORITY OF THE SANGGUNIAN,
NEGOTIATE AND SECURE FINANCIAL GRANTS OR
DONATIONS IN KIND, IN SUPPORT OF BASIC SERVICES
AND FACILITIES FROM LOCAL OR INTERNATIONAL
ASSISTANCE AGENCIES WITHOUT THE APPROVAL OF THE
NGA (UNLESS CONCERNING NAT’L SECURITY) OR HIGHER
LGU
■ A MONITORING SYSTEM IS EMPLOYED BY THE NEDA AND
DILG IN ASSISTING THE LGU WITH REGARD TO THE
PROJECT CONCERNED.
SEC. 24 LIABILITY FOR DAMAGES

■ LGU’S AND THEIR OFFICIALS ARE NOT

EXEMPT FROM LIABILITY FOR DEATH OR
INJURY TO PERSONS OR DAMAGE TO
PROPERTY.
– THERE IS NO IMMUNITY FOR LGU
OFFICIALS
REFERENCES AND SOURCES
■ LOCAL GOVERNMENT CODE REVISITED, AQUILINO
PIMENTEL JR. 2011
■ NOTES ON PUBLIC CORPORATION, ATTY. REYNALDO
LOPEZ, ARELLANO UNIVERSITY
■ NOTES ON POLITICAL LAW, JUSTICE NACHURA
■ NOTES ON POLITICAL LAW, ATTY. HENEDINO BRONDIAL
■ CONGRESS AND SENATE LEGISLATIVE INFORMATION
SYSTEM