LOCAL GOVERNMENT Scanned with CamScannerprinciple of Local Autonomy $ 1 Constitutional Provisions: {a} Sec. 25. Art I: The State shall ensure the autonomy of local ernment fo] Sec. 2, Art. X: The territorial and political subdivisions shall enjoy 4 cal autonomy 2. The principle of local autonomy under the 1987 Constitution simply the local governments soverelgn jeans “decentralization”; it does not make thin the state or an “imperium in imperio” [Basco V. Pagcor, 197 SCRA 82]. me constitutional guarantee ‘of local autonomy refers to the administrative age, the ronomy of local government units or, cast in more technical langu ke local governments centralization of government authority. It does not mal 4 sovereign within the State. Administrative autonomy may involve devolution Jy powers, but subject to limitations like following national policias oF | jgandards, and those provided by the Lo’ arnment g of lo vernments and the allo nt strut re and t local government units and | nave the Constitution in th nands of Congress under 19 of Provinces of the Philippines v. Department an. X of the | “4 of Environment a} In _Limbonas -v. Mengelin, 170 SCRA establishment of the autonomous: regional governments in under the 1973 Con’ ftution, the Supreme Court declared: Z weministration or decentralization 18 government of political po. yr of local ats merely in the delegation of admin y of governmental he, deegnton gee can tional challenge. ‘and Natural Resources. G.R. No. 175368. April 11, 2013}. 786, relative 10 the gions IX and xi er fein Lina v. Pano, GR. No. 129093, August 30, 2001, the Supreme cou it ‘said ‘the basic relationship between the national legislature and the ernment units has not been enfeebled by the new provisions in the ening the policy of local autonomy 10 gto “DUTLINE # REVIEWER IN POLITICAL LAW. Scanned with CamScannerrs 896 sa! Governmen, Ocal government units of the ower to tax (Sec. 5, Art. X}, which ca Ot now a ide by mere. slatute, By and large, however, the national legislature {S still the principal of local government units, which Cannot defy its wit) or modify or violate it, Ours is still a unitary form of government, not ; af State. Being so, any form of autonomy granted to local govern _ Necessarily be limite il d and confined within the extent allowed by the centra authority. (cl In City of General S Audit, G.R. No 199439, April-22, 2014, the unre i cal autonomy also grants local government ganze. This power is inferred from Sec. 76, rganizational structure and staffing pattern, and Sec. 16, otherwise ki | Which included enticing employees to retire earlier than the Was @ valid exercise of local ; {(d] The RH Law does not. infringe upon t aut fe over ae Sec. 17(c) provides a categorical ae of - hationally-funded projects, facilities, programs and service less a Local Government Unit is Particularly designated as an implementing agency, it has NO power over.a Program for which funding has been Provided by the n ‘Serica pervisory Powers over the President OF any. of i not cal affairs as long ag the con ial ga oe ©d local government unit acts the PrecaraMeters of the law and th Constitution, arcane therefore, y Tesident or. any of his alter egos. Seeking to alter. n the wisdom of a law- ‘OUTUNE REVIEWER n ROUTES ome Scanned with CamScanner interfere in Io, Within the orjovermmeitt i wemarmrsicecitie i 697 Pocupes aren local aftairs of a local government unit 1s a patent j gfity. DECAUSS TT WO lates tha principle of local autonomy, as well ‘as the ge ot separation of powers of the executive and the legislative patents I govEming municipal camporations (Ju Dadole v wv nsssion on Audit, supra.) = eee {| Because the President exercises only the power of general | wpenwsion over local government units, the grant of additional compensation, 4 te enol ‘and health care insurance benefits to local government [7 atioals and employees does not require the approval of the President for | | alidity (Province of Negros Ovoxiental v. The Commissions. Commission an Aust, GR NO. 182874, September 28, 2010) é {e} Like loca! goverment units, the Liga ng mga Barangay i | subject to control by the Chief Executive or his alter ego. As the entity axercising Supervision over the Liga, the DILG's authority is limited to, seeing soit that the rules are followed; it cannot lay down such rules itself, nor does it have the discretion to modify or replace them. In this case, the most that the DILG could do was to review the acts of the incumbent officers of the Liga in _} he conduct of the elections to determine if there was a violation of the Liga’s 1 Constitution and By-laws and its implementing rules. {fthe National Liga Board _ } violated the rules, the DILG should have ordered the Liga to conduct another slaction in accardance with the Liga’s rules, not in obeisance to DILG-dictated guidelines. Neither does the DILG have the authority to remove the incumbent officers of the Liga and replace them, even temporarily, with unelected Liga officers. [liga ng mga Barangay v Judge Paredes, G.R No 130775 Classica! tion of corporations according to purpose: avon Tee fo] Public: Organized for the gavemment of a portion of the State. fb} Private: Formed for ‘some private purpose, benefit, aim or end. : {[c] Quasi:public: A private ‘corporation that renders public Service or supplies public wants » SE -g, criterion to determine whether corporation is public: The relationship of oa eTyon to the State, Le. if created by the State as its own agency to eS oa state in carrying out its governmental functions, then it is public; IP wise, wis Private. Scanned with CamScannerLocat Governmem 698 4. Classes of public corporations limited State for a narrow or Created by the {a] Quasi-corporation gta | corporation. A body politic and Seal geverniante he, the i enlace a for the purpose of loc C. Municipal Corporations} 1 Elements: [a] Legal creation or incorporation. The law creating or authorizing the Legal creation or incorporation, creaton or incorporation of a municipal corporation [b} Corporate ni The name by which the corporation shali pe +(b} Corporate name. nown. consultation with the i] The sangguniang panlalawigan may, in consul on Pnilippine Abtoeat Institute, change the name. of ene ‘municipalities, upon the recommendation of the sangguni ncemed, provided that the same shall be effective only upon ratification in a plebiscite conducted for the purpose in the political unit directly affected (Sec. 13, R.A. 7130). @ [c] Inhabitants. The people residing in the territory of the corporation, ~ (d] Territory. The land mass where the inhabitants reside, together with the internal and external waters, and the air space above the land and waters. : “C2. Qual nature and functions Every !ocal_ government unit created or organized [under the Local Government ‘ode] is a body polltic and corporate endowed with powers to be exercised by Il formity wit eee 01 shall exercise powers asa pol ead and as a corporate entity representing th labitants of it RA. 7160). Accordingly, it has dual functions, namely: >» [a] Public or governmental. It acts as an agent of the State for the govefnment of the territory and the inhabitants. [b] Private or Proprietary. It acts as an a i ‘ 1 3 gent of the community in the administration of local affairs. As such, it acts as a separate entity, rors own. mn Purposes, ivisic ie arpa ao Not as a subdivision of the State (Bara Lidasan y, Comelec, 21 OUTLINE REVIEWER IW POL TGAL uw . Scanned with CamScanner———~__ Municipal: co: _gitical SUDGIVISIONS Of the R, Phitiopines, Roles) The teritori il public of and seropaes and Barangays Sree Phiigpines ‘ate the provness Hine \fGANAO AN the Cordillerag pgeeey HRA SUOHOMOUS regions Tr MUST 1. Art X Constitution + [a] Provinge. Thy - ie ox municipalities and compare nce: COMPOSeM of a cluster of municipalites overnment, Serves as a vines Cities, and as a political and corporate unit of and effective governance mic Mechanism for developmental processes gsdiction (S80. 459, Ra 7rqece Goverment units within ts. tertonal 7160) 4 [b] Ci har aa ee The city, composed of more urbanized and developed delivery of basic 'S AS @ general-purpose government for the coordination and ichetitarts wine fegular and direct services and effective governance of the n its territorial jurisdiction [Sec. 448. R.A. 7160). na [c] Municipality. The municipality, consisting of a group of barangays. serves primarily as a general purpose goverment for the coordination and delivery of basic, regular and direct services and effective governance of the inhabitants within its jurisdiction (Sec. 440, RA. 7160]. __ & (d] Barangay. As the basic political unit, the barangay serves as the primary planning and implementing unit of government policies, plans, programs, projects and activities in the community, and as a forum wherein the collective views of the people may be expressed, crystallized and considered, and where disputes may be amicably settled (Sec: 384. RA 7160). 7 .& {e] Autonomous reaions in Muslim Mindanao and in the Cordileras [Sec. 1, Art. X, Constitution). In Limbonas v. Mangelin, supra., relative to the establishment of the autonomous regional governments in Regions (X and Xt under the 1973 Constitution, it was held that autonomy is either decentralization of administration or decentralization of power. The second is abdication by the national government of political pawer in favor of the local to broaden the base ‘of governmental power: ants X In Datu Firdaus: BA Vv: fi the ic act establishing the Autonomous Regional Government of Muslim Mindanao was held valid. It passed pursuant to the mandate in Art. X of the Constitution. In Cordillera a ‘Coalition v. Commission on Audi, 181 SCRA 495, Executive Order No. 0, issued ‘py President Aquino in the exercise of legislative powers, creating 220. silera ‘Administrative Region [CAR] was held valid. It prepared the the “for autonomy and the adoption of the organic law. In Ordillo v. aN Scanned with CamScanner