Powers of Municipal Corporations course as soon as a municipality

is created.
Sources of the powers Inherent powers are the
1. The Constitution of the state common law powers of a
2. The statues of the state including: corporation such as:
a. Those applicable to all municipal corporations or to 1. To have perpetual
the class to which the particular municipal succession
corporation belongs 2. To sue and be sued,
b. Special acts of the legislature so far as authorized, implead and be
applicable to the particular municipal corporation impleaded, grant and
3. The charter receive by its corporate
4. In some states which adhere to it, the doctrine of the inherent name, and do other acts
right of self-government, with respect to certain municipal as a natural person
matters 3. To purchase, hold, and
sell property, real and
personal, for the benefit
Classification of municipal powers of the municipality.
4. To make by laws and
Express Powers Those granted in express word ordinances for the
by the special charter or the government of the
general law under which the corporation.
corporation is organized.
Implied Powers Those powers which arise by
natural implication from the
grant of express powers or by
necessary inference from the
purpose or functions of the
corporation.
Inherent Powers Those inherent powers are
those which are necessary and
inseparable from every
corporation and which come
into existence as a matter of
Legislative and Executive Powers
• Municipal corporations possess both legislative and executive
powers.
Legislative Powers
• The authority to make
laws.
• Generally vested in the
common council.
Executive Powers
• Authority to enforce the
laws or appoint the agents
charged with the duty of
such enforcement.
• Generally vested in the
mayor and the heads of the
designated departments
and other offices.
promoting the public welfare ministerial, peremptory, private,
within it. and corporate.
They include those which are
legislative, judicial, public, and
political.
Government Powers
• Powers pertaining to the administration of justice
• Police Power
• Power of eminent domain
• Power to raise revenue
• Power to promote public education
• Power to maintain a fire department

Municipal Powers
TEST – whether the ordinance is one making a new law (Legislative) or • Erection and maintenance of:
one executing a law already in existence (Executive). o Water works
o Gas works
Intramural Powers Extramural powers o Electric plants
Those exercised within the Those exercised without, like • These establishments are where the municipality derives
corporate limits of a municipal those given for the protection of profit from.
corporation water supply, prevention of
nuisance and also for the police
purposes Corporate Powers
• To have continuous succession in its corporate name
• To sue and be sued
• To have and use corporate seal
Governmental Powers Municipal Powers • To acquire and convey real or personal property
Those exercised by the Those exercised for the special • To enter into contract
corporation in administering the benefit and advantages of the • To exercise such other powers as are granted to corporations,
powers of the state and urban community and they subject to limitations provided in the Local Government Code
include those which are and other laws.
 4. When in the resolution of controversies under this Code, no
legal provisions or jurisprudence can be found, customs and
Mandatory Powers Discretionary Powers traditions shall be resorted to.
Those which the municipal Those which the corporations
corporation is required to may perform or not, depending
exercise. on its discretion. Execution of municipal powers
• Where the charter or statute specifically prescribes the
manner by which certain corporate acts are to be executed,
Government powers in general no other method of procedure may be used in the premises.
• Every local government unit shall exercise the powers • If the charter or statute is silent on the matter of exercise, the
expressly granted, those implied therefrom as well as powers authorities are clothed with discretion in determining the
necessary for governances such as to promote health and same.
safety, enhance prosperity, improve morals, and maintain • All methods of executing acts are deemed granted provided
peace and order in the LGU, and preserve the comfort and that the action taken is neither arbitrary and must be in good
convenience of the inhabitants therein. faith.
• Unless restrained by law, a MC has the discretion to select the
means and methods of exercising its powers, provided that
Power and duties of the different Sanggunian the means selected are reasonable.
• Sec. 91 of LGC (Sangguniang Barangay)
• Sec. 149 of LGC (Sangguniang Bayan)
• Sec. 177 of LGC (Sangguniang Panlungsod)
• Sec. 208 of LGC (Sangguniang Panlalawigan)
Rules of interpretation of the powers of the municipal corporation
1. Any power of a barangay, municipality, city or province shall
be liberally construed in its favor.
a. Any reasonable doubt as to existence of the power –
in favor of LGU.
2. The general welfare provisions shall be liberally interpreted as
to give more power to local government.
3. Vested rights existing on the date of the effectivity of LGC
arising out of contracts or any source of obligation between a
province, city, municipality or barangay and other party, shall
be governed by the original terms and provisions of said
contract or the law in force at that time.