Sec 1 Art 10 1987 consti

Municipal corpo proper

LGU
Public Office

elements:
incorporation
corporation name
sec 13 LGC 1991 Sang P L B except Barangay
- may in cosultation with phil historical comm may change the name of compo city,
cant use name of a living person for a locality

Legislative body two types:

National
Local - Sang P L B, not SK has no local govt to govern - cant pass ordinance

Inhabitants

LGUs can only exer their powers within their territorial juris
-powers are intramural
exception extramural:
1. protection of water supply thru regulatory ordinance
2. prevention of nuisance
3. police purposes

LGUs - admin agencies (various units of the gov) of the government as distinguished
from the national govt (admin code 1987)

TN! No separate branch of local gov units

Separation of Powers / Checks and Bal

Classifications:

Muni Corp
- GOCC
- govt instrumentality

Bar Q! munici

Sec 15. if

2 fold char of local govt unit:

- body politik (politcal body) (agent of national govt, performing inherent powers:
pp, taxation, eminent domain)

AND

- corporate entity

that exer powers as a political body of gov and corporate entity as a rep of its
inhabitants

With respect to LGUs - no inherent powers, delegated powers

pp - sec 16 FIVE STAR! BAR Q!
General Welfare Clause, All purpose clause, Police Power clause
-delegated pp from congress to the LGU

eminent domain - sec 1 FIVE STAR! BAR Q!

power of tax - sec 128-129-131 FIVE STAR! BAR Q! (esp local taxation)
- b4 1987 consti, only delegated
- with sec 5, art 10, 1987 consti, Consti gave power but subject to congress
BAR Q!
Can the congress by mere ordinary legislation to abolish the power to tax of the
LGU? No
How? Amend the consti, sec 5, art 10, 1987 consti
What is the role of Congress? makes guidelines and limitations (LGC 1991: see sec
133 as to tax & fees that can not be levied exclusively perserved to the nat gov -
LGU is preempted to levy taxes, 234 limit as to re to real prop)

What if there was no limitation?

Income taxes are not within the domain of the LGUs
Can the LGU impose income tax? Allowed? Double Taxation?
Direct and Indirect Taxation. 6 sames, if one goes, indirect can be. Yes. 1987
Constitution, if no limitation has been given by Congress, then yes.

Nat gov thru the BIR

Nat gov thru the Nat Gov

That's why sec 133 states the prohibition

back to 2 fold

LGU is acting as a political body

- agent so performs gov powers and functions are translated into an ordinance
if local sangs exercises a pp, thru an ordinance, not a reso
if the LGU is acting as agent of nat gov, accountable to the nat gov
TN! Nat gov function is mandatory to the LGU

If acting as a corporate entity, agent of the community

- no longer accountable to the nat gov, but to the inhabitants

What are the functions and powers?

- business powers/ proprietary function
- power flows thru a resolution
- acts as a corporate entity, thru a resolution

What if congress abolishes pp & eminent domain?

- deletes sec 16 & 19 in the LGC, what happens?
- sec 48/49 if bawi-on?
- yes, as a corporated entity, not thru ordinances sec 1 art 6, only congress
legislates - no distinction as to nat law or local law BUT the power of subordinate
legistation - gives the lgus the power

What is the significance? Why need to distinguish?

Govermental or proprietary? To determine liablity, sec 24 liability of LGUs

Types of LGUs?
5 levels of political subdivisions
- Autonomous regions ARMM/ Cordillera (not successful - only ifugao voted,
cordillera made into an admin region by Pres Aquino) two recognized, now BARRM as a
parliamentary
- Prov
- Cities
- Muni
- Brgys

MMDA (not an LGU, a clustering of various nat agencies)

- can not pass or enact an ordi

LGU - autonomous but not separate, just given more power & resources

HUC - inde from prov gov, not under the sup of prov
ICC -
CC - under the sup of prov gov

III. Requisites for creation, conversion, division, merger or dissolution BAR

AREA!!! FAVE!!

Who has the autho? SEc 6

Autho within BARMM?
See SEMA case, only Congress cnan create an LGU, creation is a legislative
func/act, the enabling law
LGu are mere creature of the NAt Gov,
Congress by law can create any poli body
But under LGC 1991, by ordi the Sang G/p can create a brgy as act of delegated
power
See SEMA case, regional body can create prov city muni brgy thru art 6, RA9054 but
SC said no, there is a neither an express prohib/ grant power to LGUs to create
bodies thru legislation
condition: must not be against the consti
SC held sec 5, par 3, of Art 6 of consti - limits
the prov can not be created with a legislative district
a city with 250k cant be created with legis dist (a nat ofc)
TN! LGU are mere agent of Congress, Congress as principal, no power to create prov,
city
Thus, ARMM cant create prov / city
But in BARMM persent law now, only muni

req for creation?

sec 10, art 10, 1987 consti BAR Q!!!!
no prov, city, mun, or b made or abolished...

conduct of plebisite? WON the people directly affected can vote on it.
- people living in the poli subdi where they will be substantially affected

When do we need a pleb? IF THERE IS A CREATION, MERGER, AND ABOLISTION OF AN LGU

What if admin region? No, bc its not a terri / political subdivisions
Sec 1 of PH consti is ONLY P, C, M, B (Sec 10, art. 10, 1987 consti
)
Creation of legislative district? No, its not a political subdivision

REQ:
1. there should be a LAW, stature or oridance
2. verifying indicators of liability (land income pop)
3. PLEBISCITE - designed to achieve a poli purpose
4. no conflict arises with any prov of the constitution

UMALI vs. COMELEC

- conversion of CC into HUC
who will participate in the plebiscite? Whole prov or only the voters of the
possible HUC?
- SC ruled WHOLE PROVINCE bc they are the poli units that are affected
Why? If separate, there will be a material change and they will be directedly
affected
One who will decide should be the whole province affected!
TIP! Material change of the political and economic rights of the LGUs directly
affected and the people inhabiting therein
f
To sum, conversion, downgrading, upgrading, PLEBISCITE in necessary

Miranda vs Aguieer - WON the ICC will be converted downgrading into CC and will be
part of the province? ICC will vote lang bc they will decide but SC ruled
regardless of classi UPGRADING / CONVERSINON / DOWNGRADING - whole province will
vote, should participate in the conduct of plebiscite

Sec 16 & 19 - memorize!

prin of local auto
mandanas case