Professional Documents
Culture Documents
FUNDAMENTAL QUESTIONS
1. Are the DOs and DON'TS for LGUS today shaped by DILG/IATF?
a. YES.
2. Under the Bayanihan Heal as One, can the DILG preempt the actions of LGU and direct
their policies?
a. YES. under the extraordinary times.
3. Is this or will this be the norm or is this the current new normal?
a. NO. Not the norm but the current normal during extraordinary times. Only during
the pandemic.
TOPICS
1. Nature of LGUs
a. In amending the Bayanihan Act, can Congress add sitios as a local government
unit?
i. NO. List of LGUs (5- Autonomous Regions, provinces, cities,
municipalities, barangays)
ii. The Constitution provides for an exclusive list.
iii. Congress by ordinary legislation cannot add or subtract to this.
b. Can the President or Congress, through EO, provide for the federal set-up?
i. No. We are under unitary. If we are going to shift to federal where state
have claims against a state, this had to be done through constitutional
revision.
c. Can Congress, in amending the 1991 LGC, mandate that governors preside over
sessions of Sangguniang Panlalawigan?-Yes
i. W/N separation of powers also apply to local governments?-
Qualified Y es
1. No system of separation of powers for local governments
2. What determines delineation-> Congress.
d. Can an incumbent mayor cancel the contract entered into by the previous
mayor? - No. Corporate succession, M ayor only signs the contract as
representative of LGU.
e. Can a city enter into a public-private partnership for its market? Tax collection? -
Yes for market, proprietary function. Tax collection is a governmental function.
Cannot be shared/delegated to the private sector.
NATURE OF LGUS
● LGUs are admin agencies performing several functions.
○ Municipal and territorial in nature.
○ Unit belonging to the state.
○ Twin capacities- Double agents of state and people.
○ Frontliners- Better position to address and ascertain needs of constituents.
○ Separation of powers under the law NOT CONSTITUTION.
○ Creation of legislature. they cannot be created by the executive branch.
○ Juridical persons: sue and be sued
○ Right of succession: Corporate entity subsist notwithstanding the changes in
administration
2. Local Autonomy
a. Is Local autonomy = self governance
i. Not absolute self governance. It is Q ualified self governance.
b. Can DBM impose a cap on the allowance of cities may give to judges
i. No cap. Allowance is dependent on the financial capability of the LGU.
DBM, absent a law imposes a cap, cannot impose a cap since amount to
legislation and control and infringe in the local autonomy of LGU.
c. Can LGU incorporate a subsidiary/quasi-municipal corporation
i. It depends.
1. Liberalist:
2. Centrist:
d. Can a provincial legislative council grant franchise to a cable TV operator
pending the issuance of a franchise by Congress?
i. No. The granting of cable TV franchise remains with NLRC. It is not a
devolved power, not transferred to LGUs. To do so is void.
e. Are you a liberalist or centrist?
Left Right
LGUs can exercise those powers given to Only those powers given to them
them and those that are not prohibited by law
LGUs action must not be inconsistent with Must be consistent with law.
laws.
Liberal Centrist
LOCAL AUTONOMY
● more responsive and accountable local government structure instituted through a system
of decentralization.
● Restricted by constitution.
● Subordinate legislation: Local autonomy is not a pass to violate the law.
● 6Ds
○ DECENTRALIZATION:
Of Admin Of power
Relieves State from burden of managing local Free to chart its own destiny, self immolation
affairs
Administrative Political
Deconcentration Devolution
Transfer from NGA to NGA Regional Offices Transfer from NGA to LGU
Sec. 528, 1991 LGC Sec 17, 1991 LGC and other statutes.
○ Delegation
○ Discretionary powers
○ Democratization: give ordinary citizens to participate in local governance
● Does not contemplate making mini-states or impenetrable states out of LGU.
● is either decentralization of administration or decentralization of power.
● Means that absent a law, NGA cannot limit/restrict discretion of LGU/ impose
requirements
○ Only Congress can limit the powers of LGUs.
○ Under the Bayanihan Act, this is not the case.
■ Without specific law, national government can limit the LGUs bu defining
do and don’ts.
● Give LGUs discretionary powers and allows diversity
○ Ordinary times: cannot be limited
○ Bayanihan Act: Discretion of LGUs are limited.
■ They know best how to address their local concerns but under the Act,
national government knows best.
● Acknowledges superior competence of LGUs in addressing local affairs.
d. Supervision v. Control
i. Supervision- executive branch
1. Power of dbm impose a cap- no, no limit
2. DOJ declare illegal- Yes but it cannot change the decision of LGU,
3. Only two national agencies given by congress power to declare
illegal ordinances: DOJ (tax), DBM (appropriation ordinances)
ii. Control- Legislative
1. The president has no control over LG.
a. Only power is one of supervision.
b. Acts of Control-
i. power to change,
ii. preempt
iii. limit the discretion
iv. impose limitations.
c. In Bayanihan Act, DILG imposes control over LGUs
i. Cockfighting, tricycles.
ii. Devolved powers which are temporarily withheld.
iii. Supervision v Control
1. Executive supervision
a. Province can declare illegal an ordinance of component
city
b. Can discipline erring mayor
2. Legislative control
a. Up to congress to determine elective and appointive
officials for LGUs
b. They can change, modify qualifications
c. National Tax share must be just.
3. EXECUTIVE CONTROL
a. Generally prohibited but there are two found in 1991 LGC
i. DOH: health operations in LGUs for duration of
epidemics,pestilence and other widespread disease
ii. RA 11332: Mandatory reporting of notifiable
disease
iii. DENR: Implementation of community based
forestry
b. In these two instances, NG has control over LGU
notwithstanding the fact that Cons only provide for
supervision
5. Bayanihan Act
a. Questions:
i. Does the Bayanhian act give the President all
emergency/extraordinary powers allowed in the 1987 Constitution?
1. NOT ALL.
a. Only two powers
i. Emergency powers
1. Declared national policy (covid 19)
a. National emergency, of lives and
economic activities.
ii. Powers to take over private establishments
2. Under the faithful execution clause, President is duty bound to
follow the law, the Bayanihan Act which is a temp measure.
3. Life of Bayanihan Act is only three motnhs.
6. Enhanced Supervision
a. Intro
i. The DILG, through a memo circ addresses to all LGUs which was not
posted in ONAR, mandates that LGUs cannot impose prior testing to
returning workers
1. YES. LGUs cannot impose prior testing as mandated by DILG.
ii. A provincial council, through an ordinance, imposes a province wide GCQ
contrary to pronouncement of IATF of placing it under ECQ
1. NO, it cannot provide for a lower level quarantine but it can
provide for stricter levels of quarantine.
iii. The Bayanihan Act allows enhanced supervision and some aspects of
executive control
iv. The Bayanihan Act amends some provisions of LGC
1. YES. Although temporarily, it amends provisions of LGC
a. Tricycles, cockfighting, traffic management, collection of
taxes, emergency procurement, government procurement
reform act.
c. DILG
i. 66 circulars to date preempting/imposing directives to LGUs.
ii. Defined the defined areas limiting police power proper
iii. Sample circulars (IMPT to look at date)
1. Quarantine
a. Testing procedures priority
b. Imposition of the Window period has been disallowed.
c. Checkpoints supervised by police
d. Passes must be free of charge
e. No voter no access cannot be imposed
f. Limiting benefits to voting residents is not allowed
g. Anti-Epal of relief goods not allowed
h. Mass gatherings is still prohibited
i. Cockfighting is banned.
2. Cycling- not issued.
3. Facemasks
4. Public transport
a. Tricycles- amendment to LGC
5. Unhampered movement of cargos
6. Returning OFWS/LSIs.
a. Must assist and cannot deny entry
7. Collection of taxes has been suspended.
8. Funds
a. special education cannot be used for covid
b. peace and order can be used.
c. Local development can be used
9. Budgets
a. Supplemental budgets can be passed
10. Allowance
a. Special risk allowance is dependent on capacity of LGU
11. Facilities
a. National Governments not LGUs are authorized to take
ofer
b. Hotels cannot be opened by LGUs.
iv. Quarantine orders issued by LGUs
1. Cotabato: time restriction on pass, odd even scheme, sundays no
movement, skeletal workforce, violations are penalized under RPC
2. QC: prohibited activities (mass gatherings, physical classes, public
transpo exc tricycles), require pass to enter city, community
testing, limited ingress, egress, violation: charges for violation of
RA 11332 and RPC (resistance to person in authority)
3. Abra: Decontamination chambers
4. Ilocos Norte: total lockdown with exceptions, closure, checkpoints,
passage requirements
5. Cebu: prohibit entry of domestic passengers via air travel
6. Total lockdowns (Manila)
7. Curfew (Makati, Cebu)
8. Mall closure (Mandaluyong, Caloocan)
9. Anti-Discrimination (Mandaluyong, Caloocan)
10. Liquor Consumption
11. Anti hoarding
12. Tricycles
13. Adoption of Higher LGU
a. Component municipalities must Follow lead of supervising
provinces
14. Contracts
a. Blanket Authority to enter tocontract.