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TITLE THREE

Good Day everyone, I’m Havenlynne Garcia and I’ll discuss with you

THE CITY Chapter III, The City.

What is a city? A city consists of more urbanized and developed

barangays.
What is the Role of the City? (Sec. 448)
The city’s role is to serve as a general-purpose government for the
coordination and delivery of basic, regular and direct service and
effective governance of the inhabitants within the territorial
The city, consisting of more urbanized and developed barangays,
jurisdiction
serves as a general-purpose government for the coordination and delivery of
basic, regular and direct service and effective governance of the inhabitants
within the territorial jurisdiction.
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How is a city being created? (Sec. 449)

• A city may be created, divided, merged, abolished, or its boundary
Who may create Component Cities? It may may be created, divided,
substantially altered only by an Act of Congress and subject to
merged, abolished, or its boundary substantially altered only by an Act
approval by a majority of the votes cast in a plebiscite to be
of Congress and subject to the criteria provided in the Code.
conducted by the COMELEC in the local government unit or units
directly affected.

• The plebiscite shall be held within one hundred twenty (120) days
from the date of effectivity of said Act, unless otherwise provided
therein.

What are the Requisites for Creation? (Sec. 450) The substantive requisites for the creation of the city are:
a) A municipality or cluster of barangays may be converted in a component city if it a. Income requirement of at least P100 million for the last 2
has a locally generated average annual income, as Certified by the Department consecutive years based on 2000 constant prices, as certified
of Finance, of at least One Hundred Million pesos (Php 100,000,000.00) for the by the DOF; and
last two (2) consecutive years based on 2000 constant prices and either of the
b. Either of the following:
following requisites:
i. Land area – contiguous territory of at least 100 square
i. A contiguous territory of at least one hundred (100) square kilometers, as kilometers as certified by the LMB; or
certified by the Land Management Bureau; or ii. Population – at least 150,000 inhabitants as certified by
the PSA.
ii. A population of not less than one hundred fifty thousand (150,000) inhabitants
as certified by the National Statistics Office.

Provided, that, the creation thereof 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.

Effect of cityhood law exemption clauses as regards RA 9009
Local Government Units covered by the Cityhood Laws are exempted from
the coverage of R.A. No. 9009.
“The acts of both Chambers of Congress show that the exemption clauses
ultimately incorporated in the Cityhood Laws are express articulations of the
clear legislative intent to exempt the respondents, without exception, from
the coverage of No. 9009. Thereby, R.A. No. 9009, and by necessity, the LGC,
were amended, not by repeal but by way of the express exemptions being
embodied in the exemption clauses.”
Effect of cityhood law exemption clauses as regards RA 9009
Dissenting opinion
The Cityhood Laws, clearly, contravene the letter and intent of Section 10, Article X of
the Constitution.
By express provision in the Separability Clause of each Cityhood Law, in case of
inconsistency between the Cityhood Law and the Local Government Code, the latter
shall prevail. The P100 million income requirement in the Local Government Code
prevails over the P20 million income requirement under the Cityhood Laws.
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Congress clearly intended that the local government units covered by
the Cityhood Laws be exempted from the coverage of R.A. No. 9009.
The apprehensions of the then Senate President with respect to the
considerable disparity between the income requirement of P20
million under the Local Government Code (LGC) prior to its
amendment, and the P100 million under the amendment introduced
by R.A. No. 9009 were definitely articulated in his interpellation of
Senator Pimentel during the deliberations on Senate Bill No. 2157.
The then Senate President was cognizant of the fact that there were
municipalities that then had pending conversion bills during the 11 th
Congress prior to the adoption of Senate Bill No. 2157 as R.A. No.
9009, including the municipalities covered by the Cityhood Laws. It is
worthy of mention that the pertinent deliberations on Senate Bill No.
2157 occurred on October 5, 2000 while the 11 th Congress was in
session and the conversion bills were then pending in the Senate.
This is the case of League of Cities of the Philippines.
In the dissenting opinion, it is argued that the constitution expressly
requires Congress to stipulate in the Local Government Code itself all
the criteria necessary for the creation of a city, including conversion
of a municipality into a city. To avoid discrimination and ensure
uniformity and equality, such criteria should be embodied in any
other law except the Local Government Code.
In this case, the Cityhood Laws, which are unmistakably laws other
than the Local Government Code, provide an exemption from the
increased income requirement for the creation of cities under Section
450 of the Local Government Code, as amended by R.A. No. 9009.
Clearly, the Cityhood Laws Contravene the letter and intent of Sec.
10, Article X of the Constitution.
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Conversion to city through merger of municipalities

A component city may be created by merging two municipalities. The phrase Note that the phrase “A municipality or a cluster of barangays may be
“A municipality or a cluster of barangays may be converted into a component converted into a component city” is not a criterion for conversion but
city” is not a criterion for conversion but simply one of the modes by which a simply one of the modes by which a city may be created.
city may be created.

Section 10 Article X of the constitution allows the merger of local government

unit to create a province, city, municipality or barangay in accordance with
the criteria established by the Code.

What are the Classifications of the Cities? (Sec. 451) There are two classifications of the cities, one is a component city
and highly urbanized city, on the other.
A city may either be:
Independent component cities are those component cities whose
• component charter prohibit their voters from voting for provincial elective
officials. Independent component cities shall be independent of the
• highly urbanized.
province.
Provided, that, the criteria established in this Code shall not affect the
The provincial governor only has supervisory power over component
classification and corporate status of existing cities.
cities and municipalities within the territorial jurisdiction of the
province. Thus, executive orders of mayors of highly urbanized cities
are not reviewable by the provincial governor. Similarly, ordinance of
highly urbanized cities is not reviewable by the Sangguniang
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The substantive requirements for the conversion into a Highly

What are the Requisites for Highly Urbanized Cities? Urbanized City (HUC) are:

a. Population – at least 200,000 inhabitants as certified by the

(Sec. 452)
PSA; and
a. Cities with a minimum population of two hundred thousand (200,0000) b. Income – at least P50 million as certified by the city treasurer
inhabitants as certified by National Statistics Office. c. Qualified voters of highly urbanized cities are excluded from
voting for elective provincial officials.
b. Within the latest annual income of at least Fifty Million Pesos
Cities which do no not meet above requirements shall be considered
(P50,000,000.00) based on 1991 constant prices, as certified by the city
component cities of the province in which they are geographically
treasurer, shall be classified as highly urbanized cities.
located. If a component city is located within the boundaries of two
(2) or more provinces, such city shall be considered a component of
the province of which it is used to be municipality.

Who has the Duty to Declare Highly Urbanized Status of a

city? (Sec. 453)
If a component city shall have met the minimum requirements for a
It shall be the duty of the President to declare a city as highly urbanized
highly urbanized city, it shall be the duty of the President to declare
within thirty (30) days after it shall have met the minimum requirements
the city as highly urbanized upon:
prescribed in the immediately preceding section upon proper application
therefor and ratification in a plebiscite by the qualified voters therein. 1. Proper application, and
2. Upon ratification in a plebiscite by the majority of registered
voters therein.

Sec. 453 of the LGC makes it ministerial for the President, upon

Who are qualified voters?
The court treats the phrase “by the qualified voters therein” in Sec. 453 to
mean the qualified voters not only in the city proposed to be converted to an
HUC but also the voter of the political units directly affected by such
conversion in order to harmonize Sec. 453 with sec. 10 Art X of the
Constitution.
What is substantial alteration?
The conversion of component city into an HUC is substantial alteration of
boundaries.
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Pursuant to establish jurisprudence, the phrase “by the qualified voters
therein” in Sec. 453 should be construed in a manner that will avoid
conflict with the Constitution. Thus, the court treats the phrase “by the
qualified voters therein” in Sec. 453 to mean the qualified voters not
only in the city proposed to be converted to an HUC but also the voter of
the political units directly affected by such conversion in order to
harmonize Sec. 453 with sec. 10 Art X of the Constitution.
Unless otherwise provided in the Constitution, qualified voters of
independent component cities shall be governed by their respective
charters, as amended, on the participation of voters in provincial
elections.
Qualified voters of cities who acquired the right to vote for elective
provincial officials prior to the classification of said cities as highly
urbanized after the ratification of the Constitution and before the
effectivity of this Code, shall continue to exercise such right.
The phrase “boundaries” should not be limited to the mere physical
one, referring to the metes and bounds of the LGU, but also to its
political boundaries. It also connotes a modification of the
demarcation lines between political subdivisions, where the LGU’s
exercise of corporate power ends and that of the other begins. And
as a qualifier, the alteration must be “substantial” for it to be within
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Read the following:

What is the Effect of Conversion? (Art. 12 of the LGC’s Who are the Officials of the City Government?
IRR)  The city mayor may appoint:
 a city architect
 a city information officer
The conversion of a component city into a highly urbanized city shall  a city agriculturist
make it independent of the province where it is geographically located.  a city environment and natural resources
 a city cooperatives officer

Who are the Officials of the City Government? (Sec. 454) Who are the Officials of the City Government?
What is the Effect of Conversion? (Art. 12 of the LGC’s
a. There shall be in each city:
IRR)
A city accountant The appointment of a provincial population officer shall be optional in
A city administrator A city budget officer the city. Provided, however, that cities which have existing population
a city legal officer
The conversion of a component city Ainto citya planning and development
highly urbanized city shall offices shall continue to maintain such offices for a period of five (5)
A city veterinarian coordinator
make
a it independent
city social of the province
welfare and where it is geographically located.
A city engineer years from the date of the effectivity of this Code after which said
development officer a city health officer offices shall become optional.
a city general services officer a city civil registrar
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Who are the Officials of the City Government?
c. The sangguniang panlungsod may:
1. Maintain existing offices not mentioned in subsections (a) and
(b) hereof;
2. Create such other offices as may be necessary to carry out the
purposes of the city government; or
What is the power of Sangguniang Panlungsod?
i. Power to create such other offices as may be necessary to carry
out the purposes of the city government; or
ii. To consolidate the functions of any office with those of another
in the interest of efficiency and economy.
 

3. Consolidate the functions of any office with those of another in  This is ordinarily a legislative function.
the interest of efficiency and economy;

4. Unless otherwise provided herein, heads of departments and

offices shall be appointed by the city mayor with the occurrence
of the majority of all the sangguniang panlalawigan members
subjected to civil service law, rules and regulations. The
sangguniang panlungsod shall act on the appointment within 15
days from the date of its submission; otherwise the same shall
be deemed confirmed.
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e. Elective and appointive provincial officials shall receive such

compensation, allowances and other emoluments as may be
determined by law or ordinance subject to the budgetary
limitations on personal services prescribed under Title Five Book
II of this Code. Provided, that, no increase in compensation of
the mayor, vice-mayor and sangguniang panlungsod members
shall take effect until after the expiration of the full term of the
said local officials approving such increase.

Chapter 3.- Official and Offices Common to All Cities

The City Mayor

The city mayor, as the chief executive of the city government shall:

a. exercise such powers and perform such duties and

functions as provided by this Code and other laws.
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What are the powers of the City Mayor? v. Represent the city in all its business transactions and sign in
its behalf all bonds, contracts and obligations, and such other
documents upon authority of the sangguniang panlungsod or
pursuant to law or ordinance;
1. Exercise general supervision and control over
vi. Carry out such emergency measures as may be necessary
all programs, projects, services and activities of during and in the aftermath of man-made and natural
disasters and calamities;
the city government
vii. Determine the time, manner and place of payment of
salaries or wages of the officials and employees of the city in
accordance with law or ordinance;

viii. Allocate and assign office space to city and other officials
and employees who, by law or ordinance are entitled to such
space in the city hall and other buildings owned or leased by
the city government;

ix. Ensure that all executive officials and employees of the city
faithfully discharge their duties and function as provided by
law and this Code and cause to be instituted administrative
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i. Determine the guidelines of city policies and be responsible to the

sangguniang panlungsod for the program of government.

ii. Direct the formulation of the city development plan with the assistance of
the city development council and upon approval thereof by the sangguniang
panlungsod, implement the same;

iii. Present the program of the government and propose policies and projects
for the consideration of the sangguniang panlungsod at the opening of the
regular session of the sangguniang panlungsod every calendar year and as
often as may be deemed necessary as the general welfare of the inhabitants
and the needs of the provincial government may require;

iv. Initiate and propose legislative measures to the sangguniang panlungsod

and as often as may be deemed necessary provide such information and data
xiv. Act on leave applications of officials and employees appointed by
needed or requested by said sanggunian in the performance of its legislative
him and the commutation of the monetary value of leave credits in
functions; accordance with law;
What are the powers of the City Mayor? xv. Authorize official trips of city officials and employees outside of the
province for a period not exceeding thirty (30) days;
xvi. Call upon any national official or employee stationed in or
assigned to the city to advise him on matters affecting the city and
to make recommendations thereon; coordinate with said official or
1. Exercise general supervision and control over employee in the formulation and implementation of plans
programs and projects; and when appropriate, initiate an
all programs, projects, services and activities of administrative or judicial action against a national government
the city government official or employee who may have committed an offense in the
performance of his official duties while stationed in or assigned to
the city;
xvii. Authorize payment for medical care, necessary transportation,
subsistence, hospital or medical fees of city officials and employees
who are injured while in the performance of their official duties
and functions, subject to availability of funds;
xviii. Solemnize marriage, any provision of law to the contrary
notwithstanding;
xix. Conduct an annual palarong panlungsod, which shall feature
traditional sports and disciplines included in national and
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xi. Examine the books, records and other documents of all offices, officials ,agents or
employees of the city and in aid of his executive powers and authority, require all
national officials and employees stationed in or assigned to the city to make
available to him such books, records and other documents in their custody except
those classified by law as confidential;

xii. Furnish copies of executive orders issued by him to the provincial governor in the
case of component city mayors, to the Office of the President in the case of highly-
urbanized city mayors and to their respective metropolitan council in the
Metropolitan Manila Area and other metropolitan political subdivisions, within
seventy-two (72) hours after their issuances;

xiii. Visit component barangays of the city at least once every six (6) months to deepen
his understanding of problems and conditions, listen and give appropriate counsel to
local officials and inhabitants, inform the component barangay officials and
inhabitants general laws and ordinances which general laws and ordinances which
especially concern them, and otherwise conduct visits and inspections to ensure
that the governance of the city will improve the quality of life of the inhabitants;
What are the powers of the City Mayor?
i. Act as the deputized representative of the National Police
Commission, formulate peace and order plan of the city and
upon its approval, implement the same, and such exercise
general and operational control and supervision over the
local police forces in the city, in accordance with R.A. No.
6975.

2. Enforce all laws and ordinances relative to the
governance of the city and the exercise of the
appropriate corporate powers provided for
under Section 22 of this Code. Implement all
approved policies, programs, projects, services
ii. Call upon the appropriate national law enforcement
agencies to suppress disorder, riot, lawless violence,
rebellion or sedition or apprehend violations of the law when
public interest so requires and the police forces are
inadequate to cope with the situation or violators;
iii. Issue such executive orders for the faithful and appropriate
enforcement, execution of laws and ordinances;

and activities of the city. iv. Be entitled to carry the necessary firearm within his
territorial jurisdiction;

v. Act as the deputized representative of the National Police

Commission, formulate peace and order plan of the city and

What are the powers of the City Mayor?
3. Initiate and maximize the generation of resources and
revenues and apply the same to the implementation of
development plans, program objectives and priorities as
provided for under Section 18 of this Code, particularly
those resources and revenues programmed for agro-
industrial development and countryside growth and
progress
What are the powers of the City Mayor?
3. Enforce all laws and ordinances relative to the
governance of the city and the exercise of the
appropriate corporate powers provided for
under Section 22 of this Code. Implement all
approved policies, programs, projects, services
and activities of the city.
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v. Issue permits, without need of approval therefor from any
national agency, for the holding of activities for any
charitable or welfare purpose, excluding prohibited games
of chance or shows contrary to law, public policy and public
morals; (note: additional provision as compared to powers of
provincial governor)
vi. Require owners of illegally constructed houses, buildings, or
other structures to obtain the necessary permit, subject to
such fines and penalties as may be imposed by law or
ordinance, or to make necessary changes in the
construction of the same when said construction violates
any law or ordinance or to order the demolition or removal
of said house, building or structure within the period
prescribed by law or ordinance. (note: additional provision
as compared to powers of provincial governor)
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i. Require such head of an office or department to prepare and submit an

estimate of appropriation for the ensuing calendar year in accordance with
the budget preparation process under Title Five Book II of this Code.

ii. Prepare and submit to the sanggunian for approval the executive and
supplemental budgets of the city for the ensuing calendar year in the
manner provided for under Title Five Book II of this Code;

iii. Ensure that all taxes and other revenues of the city are collected and that
provincial funds are applied to the payment of expenses and settlement
obligations of the province in accordance with law or ordinance;

iv. Issue licenses and permits and suspend or revoke the same for any violation
In addition thereto, shall:
of the conditions upon which said licenses or permits had been issued
pursuant to law or ordinance;
What are the powers of the City Mayor?
4. Ensure the delivery of basic services and the
1. Ensure that the construction and repair of roads and
highways funded by the national government shall be, as far
as practicable, carried out in a spatially contiguous manner
and in coordination with the construction and repair of the
roads and bridges of the city; and in the case of component
cities, of the city and of the province; and

provision of adequate facilities as provided for 2. Coordinate the implementation of technical services,
including public works and infrastructure programs, rendered
under Section 17 of this Code. by national offices in the case of highly urbanized and
independent component cities and by national and provincial
offices in the case of component cities; and

Where is the office of the City Mayor?
What is the compensation of the City Mayor?
City Mayor as NAPOLCOM Deputy
As Deputy of the National Police Commission, the mayor
1. Formulates and implements the law and order plan of municipality
2. Exercise general and operational control and supervision over local
police forces in the municipality
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The framers of Constitutional Commission never intended for local
chief executives to exercise unbridled control over the police in
emergency situations. This is without prejudice to their authority
over police units in their jurisdiction as provided by law and their
prerogative to seek assistance from the police in day to day
situations, as contemplated by the Constitutional Commission. The
police, through the NAPOLCOM, is subject to, the exercise by the
president of the power of the executive control.
General and operational control shall include the power to employ
and deploy units or elements of the Philippine National Police
through the station commander, to ensure public safety and effective
maintenance of peace and order within the locality. “Employ” refers
to utilization of units or elements of the Philippine National Police for
purposes of protection of lives and properties, enforcement of laws,
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In addition to the aforementioned powers, city and municipal mayors shall

have the following authority over the Philippine National Police units in their
respective jurisdictions:

1. Authority to choose the chief of police from a list of five eligible

recommended by the provincial police director, preferably from the same
province, city, or municipality.

2. Authority to recommend the transfer, reassignment or detail of Philippine

National Police members outside of their respective city or town residences;
an

3. Authority to recommend, from a list of eligible previously screened by the

peace and order council, the appointment of new members of the Philippine
National Police to be assigned to their respective cities or municipalities
without which no such appointment shall be attested. The mayor has the power to inspect and investigate private
Due process commercial establishments for any violation of the conditions of their
licenses and permits. However, the mayor has no power to order a
The power to suspend or revoke these licenses and permits is expressly police raid on these establishments in the guise of inspecting or
premised on the violation of the conditions of these permits and licenses. The investigating these commercial establishments.
laws specifically refer to the “violation of the condition (s) on which the
licenses and permits were issued.

The power to refuse to issue such licenses and permits is premised on non-
compliance with the prerequisites for the issuance of such licenses and
permits. The mayor must observe due process in exercising these powers,
which means that the mayor must give the applicant or license notice and
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The mayor has the authority to file suits “for the recovery
of funds and property” on behalf of the city, even without
the prior authorization from the Sanggunian.

The mayor has the power to inspect and investigate private

Power of officers other than the mayor to commercial establishments for any violation of the conditions of their
licenses and permits. However, the mayor has no power to order a
discipline police raid on these establishments in the guise of inspecting or
investigating these commercial establishments.

Section 455 (b) (1) (x) of the Local Government Code of

1991 states that the city mayor “may cause to be
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What is the Sandiganbayan’s jurisdiction in criminal actions?

• Under Republic Act No. 8249, the Sandiganbayan exercises
exclusive original jurisdiction in all criminal actions
involving violations of Republic Act No. 3019. Republic Act
No. 1379, and Chapter II, Section 2, Title VII, Book II of the
Revised Penal Code where one or more of the accused are
city mayors, vice-mayors, members of the sangguniang
panlungsod, city treasurers, assessors, engineers, and other
city department heads.

The mayor has the power to inspect and investigate private

commercial establishments for any violation of the conditions of their
licenses and permits. However, the mayor has no power to order a
police raid on these establishments in the guise of inspecting or

The City Vice-Mayor investigating these commercial establishments.

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What are the powers of the

City Vice-Mayor?

The city vice-mayor shall receive a monthly compensation

corresponding to Salary Grade twenty-eight (28) for highly urbanized
city and Salary Grade twenty-six (26) for a component city, as
prescribed under R.A. No. 6758 and the implementing guidelines
What is the compensation of the City Vice-Mayor? issued pursuant thereto;

The Sangguniang Panlungsod
1. The sangguniang panlungsod, the legislative body of the
What is the Composition of the Sangguniang
Panlungsod?
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province, shall be composed of the city vice-mayor as
presiding officer, the regular sanggunian members, the
president of the city chapter of the liga ng mga barangay, the
president of the panlungsod na pederasyon ng mga
sangguniang kabataan, the president of the panlungsod na
pederasyon ng mga sangguniang kabataan, and the sectoral
representatives, as members.
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What are the Powers, Duties and Functions of the

Sangguniang Panlungsod?

vi. Subject to the provisions of this Code and pertinent laws, determine the
powers and duties of officials and employees of the city;

1. Approve ordinances and pass resolutions vii. Determine the position and salaries, wages, allowances and other
emoluments and benefits of officials and employees paid wholly or
necessary for an efficient and effective city mainly from city funds and provide expenditures necessary for the
proper conduct of programs, projects, services, and activities of the
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i. Review all ordinances approved by the sangguniang barangay and executive orders
issued by the punong barangay to determine whether these are within the scope
of the prescribed powers of the sanggunian and of the punong barangay,

ii. Maintain peace and order by enacting measures to prevent and suppress
lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties for
the violation of said ordinances

iii. Approve ordinances imposing a fine not exceeding Five thousand pesos (5,000.00)
or imprisonment not exceeding one (1) year, or both in the discretion of the court,
for the violation of a city ordinance;

iv. Adopt measures to protect the inhabitants of the province from harmful effects of
man-made or natural disasters and calamities, and to provide relief services and
assistance for victims during and in the aftermath of said disasters and calamities
and their return to productive livelihood following said events;

v. . Enact ordinances intended to prevent, suppress and impose appropriate penalties for
habitual drunkenness in public places, vagrancy, mendicancy, prostitution, establishment
and maintenance of houses of ill repute, gambling and other prohibited games of chance,
fraudulent devices and ways to obtain money or property , drug addiction, maintenance of
drug dens, drug pushing, juvenile delinquency, the printing, distribution or exhibition of
obscene or pornographic materials or publications, and other activities inimical to the
welfare and morals of the inhabitants of the city;

vi. Protect the environment and impose appropriate penalties for acts which endanger the
environment , such as dynamite fishing and other forms of destructive fishing, illegal
logging and smuggling of logs, smuggling of natural resources products and of endangered
species of flora and fauna, slash and burn farming, and such other activities which result in
pollution acceleration of eutrophication of rivers and lakes, or of ecological imbalance;

2. Generate and maximize the use of resources
and revenues for the development plans,
programs objectives and priorities of the city as
provided for under Section 18 of this Code, with
particular attention to agro-industrial development
and city-wide growth and progress
i. Approve the annual and supplemental budgets of the city government and
appropriate funds for specific programs, projects, services and activities of the city,
or for other purposes not contrary to law, in order to promote the general welfare
of the city and its inhabitants;
ii. Subject to the provisions of Book II of this Code and applicable laws and upon the
majority vote of all the members of the sangguniang panlungsod, enact
ordinances levying taxes, fees and charges, prescribing the rates thereof for
general and specific purposes, and granting tax exemptions, incentives or reliefs;
iii. Subject to the provisions of Book II of this Code and upon the majority vote of all
the members of the sangguniang panlungsod, authorize the city mayor to
negotiate and contract loans and other forms of indebtedness;
iv. Subject to the provisions of Book II of this Code and applicable laws and upon the
majority vote of all the members of the sangguniang panlungsod, enact
ordinances authorizing the floating of bonds or other instruments of indebtedness,
for the purpose of raising funds to finance development projects;
v. Appropriate funds for the construction and maintenance or the rental of buildings
for the use of the city; and upon the majority vote of all the members of the
sangguniang panlungsod, authorize the city mayor to lease to private parties such
public buildings held in a proprietary capacity, subject to existing laws, rules and
regulations;
vi. Prescribe reasonable limits and restraints on the use of property within the
jurisdiction of the city;
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i. Adopt a comprehensive land use plan for the city; Provided,
that in case of component cities, the formulation, adoption
or modification of the said plan shall be in coordination with
the approved provincial comprehensive land use plan;
(The following are additional provisions as compared to
Sangguniang Panlalawigan)
ii. viii. Reclassify land within the jurisdiction of the city, subject
to the pertinent provisions of this Code;
iii. ix. Enact integrated zoning ordinances in consonance with
the approved comprehensive land use plan, subject to
existing laws, rules and regulations; establish fire limits or
zones, particularly in populous centers; and regulated the
construction, repair or modification of buildings within said
fire limits or zones in accordance with the provisions of the
Fire Code;
iv. x. Subject to national law, process and approve subdivision
plans for residential, commercial or industrial purposes and
other development purposes and to collect processing fees
and other charges, the proceeds of which shall accrue
entirely to the city; provided, however, that where approval
of a national agency or office is required, said approval shall
not be withheld for more than thirty (30) days from receipt
of the application. Failure to act on the application within
the period stated above shall be deemed as approval
thereof;
v. xi. Subject to the provisions of Book II of this Code, grant
the exclusive privilege of constructing fish corrals of fish
pens, or the taking or catching of bangus fry, prawn fry or
kawag-kawag, or fry of any species or fish within the city
waters;
vi. xii. With the concurrence of at least two-thirds (2/3) of all

2. Generate and maximize the use of resources and
revenues for the development plans, programs
objectives and priorities of the city as provided for
under Section 18 of this Code, with particular
attention to agro-industrial development and city-
wide growth and progress
3. Enact ordinances granting franchises, approve
the issuance of permits or licenses, or enact
ordinances levying taxes, fees and charges upon
such conditions and for such purposes intended to
promote the general welfare of the inhabitants of
the city.
24
xi. Subject to the provisions of Book II of this Code, grant the
exclusive privilege of constructing fish corrals of fish pens, or the
taking or catching of bangus fry, prawn fry or kawag-kawag, or fry
of any species or fish within the city waters;
xii. With the concurrence of at least two-thirds (2/3) of all the
members of the sangguniang panlungsod, grant tax exemptions,
incentives or reliefs to entities engaged in community growth-
inducing industries, subject to the provisions of Chapter 5, Title I,
Book II of this Code;
xiii. Grant loans or provide grants to other local government units
or to national, provincial, and city charitable, benevolent or
educational institutions. Provided, that, said institutions are
operated and maintained within the city.
xiv. Regulate the numbering of residential, commercial and other
buildings; and
xv. Regulate the inspection, weighing and measuring of articles of
commerce.
Pursuant to this legislative authority, shall:
i. Fix and impose reasonable fees and charges for all services
rendered by the city government to private persons or
entities; and
ii. Regulate and fix the license fees for any business or practice
of profession within the city and the conditions under which
the license for said business or practice of profession may be
revoked and enact ordinance levying taxes thereon;
iii. provide for and set the terms and conditions under which
public utilities owned by the city shall be operated by the
city government, and prescribe the conditions under which
the same may be leased to private persons or entities,

(The following are additional provisions as compared to Sangguniang
Panlalawigan):
3. Enact ordinances granting franchises, approve
the issuance of permits or licenses, or enact
ordinances levying taxes, fees and charges upon
such conditions and for such purposes intended to
promote the general welfare of the inhabitants of
the city.
4. Regulate activities relative to the use of land,
buildings and structures within the city in
order to promote the general welfare and of:
25
iv. Regulate the display of and fix the license fees for signs,
signboards, or billboards at the place or places where the
profession or business advertised thereby is, in whole or in
pat, conducted;
v. Any law to the contrary notwithstanding, authorize and
license the establishment, operation, and maintenance of
cockpits, and regulate cockfighting and commercial
breeding of gamecocks: Provided, that existing rights should
not be prejudiced;
vi. Subject to the guidelines prescribed by the Department of
Transportation and Communications, regulate the operation
of tricycles and grant franchises for the operation thereof
within the territorial jurisdiction of the city;
vii. Upon approval by a majority vote of all the members of the
sangguniang panlungsod: grant a franchise to any person,
partnership, corporation or cooperative to do business
within the city; establish, construct, operate and maintain
ferries, wharves, markets or slaughterhouses; or undertake
such other activities within the city as may be allowed by
existing laws: provided, that, cooperatives shall be given
preference in the grant of such franchise.
i. Declare, prevent or abate any nuisance;
ii. Require that buildings and the premises thereof and any
land within the city be kept and maintained in a sanitary
condition; impose penalties for any violation thereof; or,
upon failure to comply with said requirement, have the
work done at the expense of the owner, administrator or
 26

iii. Regulate the disposal of clinical and other wastes from

hospitals, clinics and other similar establishments;

iv. Regulate the establishment, operation and cafes,

restaurants, beerhouses, hotels, motels, inns, pension
houses, lodging houses, and other similar establishments,
4. Regulate activities relative to the use of land, including tourist guides and transports;
buildings and structures within the city in
v. Regulate the sale, giving away or dispensing of any
order to promote the general welfare and of: intoxicating malt, vino, mixed or fermented liquors at any
retail outlet;
vi. Regulate the establishment and provide for the
inspection of steam boilers or any heating device in
buildings and the storage of inflammable and highly
combustible materials within the city;
vii. Regulate the establishment, operation, and maintenance
of any entertainment or amusement facilities, including
theatrical performances, circuses, billiard pools, public
dancing schools, public dance halls, sauna baths, massage
parlors, and other places for entertainment or
amusement; regulate such other events or activities for
amusement or entertainment, particularly those which
tend to disturb the community or annoy the inhabitants,
or require the suspension or suppression of the same; or,
prohibit certain forms of amusement or entertainment in
order to protect the social and moral welfare of the
community;
viii. Provide for the impounding of stray animals; regulate the
keeping of animals in homes or as part of a business, and
the slaughter, sale or disposition of the same; and adopt

5. Approve ordinances which shall ensure the
efficient and effective delivery of the basic services
and facilities as provided for under Section 17 of
this Code.
In addition to said services and facilities, shall:
i. Provide for the establishment, maintenance, protection, and conservation of
communal forests and watersheds, tree parks, greenbelts, mangroves, and
other similar forest development projects;
ii. Establish markets, slaughterhouses or animal corrals and authorize the
operation thereof by the city government; and regulate the construction
and operation of private markets, talipapas or other similar buildings and
structures;
iii. Authorize the establishment, maintenance and operation by the city
government of ferries, wharves, and other structures intended to accelerate
productivity related to marine and seashore or offshore activities;
iv. Regulate the preparation and sale of meat, poultry, fish, vegetables, fruits,
fresh dairy products, and other foodstuffs for public consumption;
v. Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and
other public places and approve the construction, improvement, repair and
maintenance of the same; establish bus and vehicle stops and terminals or
regulate the use of the same by privately-owned vehicles which serve the
27
vi. Regulate traffic on all streets and bridges; prohibit
encroachments or obstacles thereon and, when necessary in
the interest of public welfare, authorize the removal of
encroachments and illegal constructions in public places;
vii. Subject to existing laws, establish and provide for the
maintenance, repair and operation of an efficient waterworks
system to supply water for the inhabitants and to purify the
source of the water supply; regulate the construction,
maintenance, repair and use of hydrants, pumps, cisterns
and reservoirs; protect the purity and quantity of the water
supply of the city and, for this purpose, extend the coverage
of appropriate ordinances over all territory within the
drainage area of said water supply and within one hundred
(100) meters of the reservoir, conduit, canal, aqueduct,
pumping station, or watershed used in connection with the
water service; and regulate the consumption, use or wastage
of water and fix and collect charges therefor;
viii. Regulate the drilling and excavation of the ground for the
laying of water, gas, sewer, and other pipes and the
construction, repair and maintenance of public drains,
sewers, cesspools, tunnels and similar structures; regulate
the placing of poles and the use of crosswalks, curbs, and
gutters; adopt measures to ensure public safety against open
canals, manholes, live wires and other similar hazards to life
and property; and regulate the construction and use of
private water closets, privies and other similar structures in
buildings and homes;

5. Approve ordinances which shall ensure the
efficient and effective delivery of the basic services
and facilities as provided for under Section 17 of
this Code.
x. Subject to the availability of funds and to existing laws, rules and
regulations, establish and provide for the operation of vocational
and technical schools and similar post-Secondary institutions
and, with the approval of the Department of Education, Culture
and Sports and subject to existing law on tuition fees, fix and
collect reasonable tuition fees and other school charges in
educational institutions supported by the city government;
xi. Establish a scholarship fund for the poor but deserving students
28
xiii. Provide for an efficient and effective system of solid
waste and garbage collection and disposal; prohibit
littering and the placing or throwing of garbage, refuse
and other filth and wastes;
xiv. Provide for the care of disabled persons, paupers, the
aged, the sick, persons of unsound mind, abandoned
minors, juvenile delinquents, drug dependents, abused
children and other needy and disadvantaged persons,
particularly children and youth below eighteen (18) years
of age; and, subject to availability of funds, establish and
provide for the operation of centers and facilities for said
needy and disadvantaged persons;
xv. Establish and provide for the maintenance and
improvement of jails and detention centers, institute a
sound jail management, and appropriate funds for the
subsistence of detainees and convicted prisoners in the
city;
xvi. Establish a City council whose purpose is the promotion
of culture and the arts, coordinate with government
agencies and non-governmental organizations and,
subject to the availability of funds, appropriate funds for
the support and development of the same; and
xvii. Establish a City council for the elderly which shall
formulate policies and adopt measures mutually
beneficial to the elderly and to the community; provide

What is the compensation of the Sangguniang
Panlungsod?
Power to enact ordinance regulating illegal parking
Ordinance No. 1664 was far from oppressive and arbitrary. Any driver or
vehicle owner whose vehicle was immobilized by clamping could protest such
action of a traffic enforcer or PNP personnel enforcing the ordinance. Section
3 of Ordinance No. 1664, supra, textually afforded an administrative escape in
29
The members of the Sangguniang Panlungsod of component cities
shall receive a minimum monthly compensation corresponding to
Salary Grade twenty-five (25) and members of the Sangguniang
Panlungsod of highly- urbanized cities shall receive a minimum
monthly compensation corresponding to Salary Grade twenty seven
(27), as prescribed under R.A. 6758 and the implementing guidelines
issued pursuant thereto.
That none of the petitioners, albeit lawyers all, resorted to such
recourse did not diminish the fairness and reasonableness of the
escape clause written in the ordinance. Secondly, the immobilization
of a vehicle by clamping pursuant to the ordinance was not necessary
if the driver or vehicle owner was around at the time of the
apprehension for illegal parking or obstruction. In that situation, the
enforcer would simply either require the driver to move the vehicle
or issue a traffic citation should the latter persist in his violation.
The clamping would happen only to prevent the transgressor from

Did ordinance No. 1664 meet the requirements of
procedural due process?
Notice and hearing are the essential requirements of procedural due process.
Yet, there are many instances under our laws in which the absence of one or
both of such requirements is not necessarily a denial or deprivation of due
process. Among the instances are the cancellation of the passport of a person
being sought for the commission of a crime, the preventive suspension of a
civil servant facing administrative charges, the distraint of properties to
answer for tax delinquencies, the padlocking of restaurants found to be
unsanitary or of theaters showing obscene movies, and the abatement of
nuisance per se add to them the arrest of a person in flagrante delicto.
What is a nuisance?
A nuisance is a thing, condition or use of some continuity as
distinguished from a solitary act, which through offensive odors, noises,
substances, smoke, ashes and soot, dust, gas, fumes, chemical diffusion,
smog, disturbances and vibrations of earth, water, air or structures,
30
The clamping of the petitioners’ vehicles pursuant to Ordinance No.
1664 (and of the vehicles of others similarly situated) was of the
same character as the afore cited established exceptions dispensing
with notice and hearing. As already said, the immobilization of
illegally parked vehicles by clamping the tires was necessary because
the transgressors were not around at the time of apprehension.
Under such circumstance, notice and hearing would be superfluous.
Nor should the lack of a trial type hearing prior to the clamping
constitute a breach of procedural due process for giving the
transgressors the chance to reverse the apprehensions through a
timely protest could equally satisfy the need for a hearing.
In other words, the prior intervention of a court of law was not
indispensable to ensure a compliance with the guaranty of due
process.
In the New Civil Code, a nuisance is defined as any act, omission,
establishment, business, condition of property or anything else
which:
1. Injures or endangers the health or safety of others

Abatement of nuisance
The right to abate nuisances without judicial proceedings
only applies to a nuisance per se or that which affects the
immediate safety of persons and property. If it is a
nuisance per accidens, it must be proven in a judicial
hearing.
Conclusiveness of municipal determination
31
A nuisance per se is an act, occupation or structure which is a
nuisance at all times and under any circumstances, regardless of
location or surroundings. A nuisance per accidens is one that
becomes a nuisance by reason of the locality, surroundings, or the
manner in which it is conducted, managed, etc.
Generally, only public nuisances may be abated by municipal
corporations. Public nuisances are those which affect a community or
neighborhood or any considerable number of persons, although the
extent of the annoyance, danger or damage upon individuals may be
unequal. Private nuisances are other nuisances not falling within the
definition of public nuisances.
 32

Taxation [just read]

The implementing provisions of the sangguniang

panlungsod’s power of taxation are found in Sections 128
to 151, 156 to 193 and 197 to 283.
 33

Zoning Ordinance
The authority of the municipal corporations to issue
zoning classification is an exercise of its political
power, not the power of eminent domain. A zoning
ordinance is defined as a local city or municipal
legislation which logically arranges, prescribed,
defines and apportions a given political subdivision
into a specific land uses as present and future
projection of needs.
What was devolved to local government units were only the powers
Land Use Plan and responsibilities specifically stated in Sec. 1 of Executive Order No.
Housing and Land Use Regulatory Board (HLURB) 71, as well the authority of the HLURB to issue locational clearance
for locally significant projects as provided in Sec. 3 of Executive Order
• act as an appellate body to which decisions and actions of local and No. 72. The power to act as appellate body over decisions and actions
regional planning and zoning bodies may be brought (Section 2 of of local and regional planning and zoning bodies and deputized
Executive Order No. 71) official of the board was retained by the HLURB and remained
unaffected by the devolution under the Local Government Code.
• Has the power to review and ratify land use plans of highly urbanized
cities. Section 3 of the Order provides that the authority of the HLURB
to issue locational clearance for locally significant projects is hereby
devolved to cities and municipalities with comprehensive land use
plans reviewed and approved in accordance with the Order. The
power of the HLURB to issue locational clearance is now limited to
projects considered to be of vital and national or regional economic or
environmental significance. (Executive Order No. 7 (2993))
 34

Establishment of waterworks system

The Local Government Code empowers the Sangguniang

Bayan to provide for the establishment of a waterworks
system “subject to existing laws.” The Sangguniang Bayan
has no power to create a corporate entity that will
operate its waterworks system.

Enactment of ordinance required prior to issuance of

cockpit permits. [just read]

where there is no ordinance allowing the operation of a cockpit, a resolution

authorizing a person to establish, operate and maintain a cockpit cannot be
implemented. To compel a mayor to issue the mayor’s permit would not only
be a violation of the provisions of the Local Government Code of 1991, but
would also be an undue encroachment on respondent’s administrative
prerogatives. A statute which authorizes a gambling activity or business
should be strictly construed, and every reasonable doubt resolved so as to
limit rather than expand the powers and rights claimed by franchise holders
under its authority.

Government entities, including government-owned or controlled

corporations including financial institutions and local government
 35

Additional Compensation of Commission on Audit

In order preserve the independence and integrity of the
Commission on Audit (COA) its officials and employees are
prohibited from receiving salaries, honoraria, bonuses,
allowances, or other emoluments from any government
entity, local government unit and government-owned and
controlled corporations and government financial
institution except those compensation paid directly by the
COA out of its appropriations and contributions.
The city government may allow the grant of additional allowances
higher than P1,000 if the revenues of the said city government
exceed its annual expenditures. Setting a uniform amount for the
Additional allowances; Judges grant of additional allowances is an inappropriate way of enforcing
the criterion found in Section 458 (a)(1)(xi) of Republic Act No. 7160.
458(a)(1)(xi) of Republic Act No. 7160, the law that The Department of Budget and Management overstepped its power
supposedly serves as the legal basis of Local Budget of supervision over local government units by imposing a prohibition
that did not correspond with the law it sought to implement.
Circular 55 allows the grant of additional allowances
“when the finances of the city government allow”.
Though Local Budget Circular No. 53 of the Department of Budget
 Does not authorize settling a definite maximum limit and Management may be considered within the ambit of the
President’s power of general supervision over local government
to the additional allowances granted to judges.
units, Sec. 3 , paragraph (e) thereof is invalid. Republic Act. No. 7160
clearly provides the provincial, city and municipal governments may
grant allowances to judges as long as their finances allow. Section 3,
paragraph € of Local Budget Circular No. 53, by outrightly prohibiting
36