24 LOPC Answer Sheet

I
Local autonomy is important because under the Constitution, it is a more responsive and
accountable local government structure. Through local autonomy, it alleviates the central or national
Government of the task of managing, deciding and controlling over local affairs thus, enabling the national
government to concentrate on the concerns of the country. However, this autonomy is still subject to the
supervision of the President.
24 LOPC Answer Sheet

II
Devolution is the delegation of power by the national government to the local government. Thus,
when the power of the Secretary of Health to appoint provincial health officers to the Head of the Regional
Department of Health, there is devolution of power to appoint. On the other hand, decentralization means
the transfer of authority from the central government to the local government. Thus, when the Congress
delegated its power to create laws to the Sangguniang Panlalawigan or Panlungsod or Bayan, there is
decentralization of power to create laws.
24 LOPC Answer Sheet

III
A quasi-corporation is an entity that is considered as a corporation for certain purposes but
is not recognized a corporation under the Corporation Code. They may not be juridical entities but exercise
the functions of a corporation.

I choose to define the word quasi-corporation that way based on how the law uses the word quasi.
A quasi-judicial body, is body that exercises judicial functions, it is under the executive but such body is
granted judicial powers. However, such power has limits, it can only be exercised over persons who are
within their jurisdiction. The same with quasi-legislative, they are granted with legislative powers but are
not considered as part of the legislative government and the effectivity of their enactments can only be
exercised over persons within their jurisdiction. A quasi-corporation exercises the powers and functions of
a corporation but it is not considered a juridical being. It is being considered as a corporation for limited
purposes only.
24 LOPC Answer Sheet

IV
Under Art. 2189 of the New Civil Code, it states that: Provinces, cities and municipalities shall be
liable for damages for the death of, or injuries suffered by, and any person by reason of the defective
condition of roads, streets, bridges, public buildings and other public works under their control or
supervision.

Under Art. 2180, par. 5, of the New Civil Code, The State is responsible in the like manner when
it acts through a special agent.

Under Section 24 of the Local Government Code, the local government units and their officials are
not exempt from liability for death or injury to persons or damage to property.

Under RA 3083, The state consents to be sued upon any money claim involving contracts which
can become basis of a civil action.

Under RA 1807, The Philippines waives its immunity from suits with respect to its property in
connection with foreign obligaions.
24 LOPC Answer Sheet

V
I will support Vice Mayor Gerald’s position. The barangay should be divided in to six (6) with the
population of 5,000 each, in line with the requirement provided by the Local Government Code. Since
Pateros is a municipality within Metro Manila, the Local Government Code requires a barangay shall have
a certified population of at least 5,000: Provided, that the creation of such does not reduce the population
of the original barangay to less than the minimum requirement prescribed by the Code. The position of
Councilor Napoleon is applicable only if the municipality is outside of Metro Manila.
24 LOPC Answer Sheet

VI
Elementary is the rule that the law should be interpreted based on its spirit and not in its literal
meaning specially when the literal meaning will result in absurdity, impossibility or injustice. The first
section of Article X of the constitutions states that There shall be autonomous regions in Muslim Mindanao
and the Cordilleras. In Article II it states that the State shall ensure the autonomy of local governments. If
we were to apply Article X, Section 19 in its literal meaning, it will now be impossible for the Cordilleras
to have the basic structure of their government.
24 LOPC Answer Sheet

VII
a.) Yes, once Dagupan is classified as HUC, it will be separated from the jurisdiction of the
Province of Pangasinan and will be subject directly under the supervision of the President. The
ordinances enacted by the provincial government will no longer cover Dagupan City, the
province will no longer be responsible to deliver services to the city. Furthermore, the tax
collected by the HUC will accrue to itself.
b.) The entire province of Pangasinan shall be considered as the qualified voters in the plebiscite.
Since the whole province of Pangasinan will be affected by the conversion, they should be
considered qualified voters. The case of Umali v. Commission on Election harmonized the
provisions of the Local Government Code and the Constitution as to who are the qualified
voters in a plebiscite. The Court opined that the phrase “qualified voters therein” in the LGC
should also include the political units directly affected by such conversion. Thus, the whole
province of Pangasinan must vote.
24 LOPC Answer Sheet

VIII
Under Section 9 of the Local Government Code of 1991, A local government may be abolished
when its income, population or land area has been irreversibly reduced to less than the minimum standards
prescribed for its creation.
24 LOPC Answer Sheet

BONUS
In the condonation doctrine, the rule of the people overrules the misconduct committed by an
elected officer. The misconduct or offense committed by an elected official during the last term shall be
condoned when the same wins the election. Apply the said doctrine to the present case, the cases filed
against Emilio should not prosper for the people has already condoned the same. The Philippines is a
democratic country wherein the rule of the people prevails over the rule of the government. To win in an
election in the Philippines one must acquire the highest number of votes from the people, hence the rule of
many. Apply this principles that is the backbone of the democracy we are enjoying, it is just to apply the
doctrine in the present case.