A. General Principles 1. CORPORATION—an artificial being created by operation of law, having the right of succession and the powers, attributes and properties expressly authorized by law or incident to its existence. a. PUBLIC CORPORATION—one formed and organized for the government of a portion of the State. 2. Classes of Corporation: a. Public or Municipal—a body politic and corporate constituted by incorporation of inhabitants of city or town for purposes of local government thereof or as agency of State to assist in civil government of the country; one formed and organized for the government of a portion of the State. b. Private—one formed for some private purpose, benefit, aim or end. c. Quasi-Public—a private corporation that renders public service or supplies public wants. d. Quasi-corporation—public corporations created as agencies of State for narrow and limited purpose. 3. Elements of Municipal Corporation a. Legal creation or incorporation b. Corporate name c. Inhabitants d. Territory 4. Dual Nature of Municipal Corporation ●Every local government unit created or organized is a body politic and corporate endowed with powers to be exercised by it in conformity with law. As such, it shall exercise powers as political subdivision of the National Government and as a corporate entity representing the inhabitants of its territory. a. Public/Governmental—it acts as an agent of the State for the government of the territory and the inhabitants within the municipal limits; it exercises by delegation a part of the sovereignty of the State. b. Private/Proprietary—it acts in a similar category as a business corporation, performing functions not strictly governmental or political; it stands for the community in the administration of local affairs. It acts as a separate entity for its own purposes and not as a subdivision of the State. 5. Criterion to determine whether corporation is public: The relationship of the corporation to the State, i.e., if created by the State as its own agency to help the State in carrying out its governmental functions, then it is public, otherwise, it is private. 6. De Facto Municipal Corporation --a corporation that may exist in fact although not point of law because of certain defects in some essential features of its incorporation. 7. Elements of De Facto Municipal Corporation: a. A valid law authorizing incorporation b. An attempt in good faith to organize under it c. A colorable compliance with the law d. An assumption of corporate powers 8. Three forms of decentralization:


Devolution- is the transfer of power and authority from the national government to LGUs as the territorial and political subdivisions of the State. The nature of power transfer is political and the approach is territorial or areal. b. Deconcentration- is the transfer of power, authority or responsibility, or the discretion to plan, decide and manage from central point or local levels, but within the central or national government itself. The nature of the transfer is administrative and the approach is sectoral. c. Debureaucratization- is the transfer of some public functions and responsibilities, which the government may perform, to private entities or non-

governmental organizations; it is people’s empowerment or participation in local governance. ●Decentralization of Administration- the central government delegates administrative powers to political subdivisions in order to broaden the base of government power. ●Decentralization of Power (Political Decentralization)- involves abdication of political power in favor of LGU’s declared autonomous. (Limbonas vs. Mangelin, 170 SCRA 786) NOTE: ●Local Autonomy- is self-governing. It is the granting of more powers, authority, responsibilities and resources to the lower or local levels of a government system. The principle of local autonomy under the 1987 Constitution simply means decentralization. It does not make the local government sovereign within the state or an “imperium in imperio.

Among the regulatory powers of the National Government Agencies transferred or devolved to the LGUs include the following: 1. The reclassification of agricultural lands- DAR to cities and municipalities 2. Enforcement of environmental laws- DENR to all LGUs 3. Inspection of food products and quarantine- DOH to cities and municipalities 4. The enforcement of the National Building Code- DPWH to cities and municipalities 5. The processing and approval of subdivision plans- HLURB to cities and municipalities 6. The operation of tricycles- LTFRB to cities and municipalities 7. The establishment of cockpits and holding of cockfights- Philippine Gamefowl Commission to cities and municipalities Among the basic services and facilities devolved to LGUs include: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Agricultural extension and on-site research of the Department of Agriculture; Community-based forestry project of the DENR; Field health and hospital services and other tertiary health services of the DOH; Public works and infrastructure projects funded out of local funds of the DPWH; The school building program of the DECS; Social welfare services of the DSWD; Tourism facilities and tourism promotion and development of the DOT; Telecommunications services for provinces and cities of the DOTC; Housing projects for provinces and cities; and Other services such as investment support.

9. How local autonomy enhances governmental and corporate powers of LGUs: a. Every local government unit shall have: i. Full autonomy in their exercise of proprietary rights and management of economic enterprises. ii. Full authority to secure domestic or foreign grants without the approval of the NGAs concerned, unless these are projects with national security implications, and iii. Financial undertakings for LGUs for mutual advantage thru loans and assistance to calamity-stricken LGUs. B. R.A. 7160—Policy and Application; Constitutional Provisions

1. Effectivity—January 1, 1992
2. Scope of Application (Sec. 4, RA 7160) Applicable to: a. all provinces b. cities c. municipalities d. barangays e. and other political bodies as may be created by law, and f. to the extent provided in the LGC (i.e. devolution of powers): -officials -offices, or -agencies of the National Government

II. non-governmental and people’s organizations and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions. 4. and over barangays through city and municipality. The territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self-reliant communications and make them more effective partners in the attainment of national goals. (Sec. 2. 25) The President’s power of general supervision over LGUs includes the authority to investigate and impose disciplinary measures (suspension or removal) upon elective local officials. incentive or relief granted by any local gov’t unit pursuant to the provisions of this Code shall be construed strictly against the person claiming it. In case of doubt. The President shall exercise general supervision over LGUs. d. RA 7160) a. The President shall exercise supervisory authority directly over provinces. initiative and referendum. resort may be had to the customs and traditions in the place where the controversies take place. c. RA 7160) a. any tax ordinance or revenue measure shall be construed strictly against the local gov’t unit enacting it. To require all national agencies and offices to conduct periodic consultations with appropriate local gov’t units. The President shall exercise supervision over component cities and municipalities.3 3. 5. Any fair and reasonable doubt as to the existence of the power shall be interpreted in favor of the local government unit concerned. i. . c. e. Rules of Interpretation (Sec. and in case of doubt. To ensure the accountability of local gov’t units through the institution of effective mechanisms of recall. In the resolution of controversies arising under this Code where no legal provision or jurisprudence applies. any question thereon shall be resolved in favor of devolution of powers and of the lower local government unit. Any provision on a local government unit shall be liberally interpreted its favor. Rights and obligations existing on the date of effectivity of this Code and arising out of contracts or any other source of prestation involving a local gov’t unit shall be governed by the original terms and conditions of said contracts or the law in force at the time such rights were vested. The general welfare provisions in this Code shall be liberally interpreted to give more powers to local gov’t units in accelerating economic development and upgrading the quality of life for the people in the community. and liberally in favor of the taxpayer. through province. National Government and Local Government Units a. highly urbanized cities and independent component cities. Declaration of State Policy over LGU’s (Sec. b. Any tax exemption. b. INTER-GOVERNMENTAL RELATIONS 1. ii.

No. as to who exercises the power Congress -creation. Pano. The LCE can also initiate proper administrative or judicial action against national government official or employee who may have committed an offense while stationed or assigned in the LGU. ensure the participation of LGUs in planning and implementing national projects vi. augment basic services assigned to LGUs iv. formulate policies and set standards and guidelines ii. as to what the power includes -oversee whether LGUs are performing their duties in accordanc e with law. investigate and impose disciplinar y measures upon erring elective local governme nt officials The LCE can call upon any employee stationed or assigned in his locality to advise him on matters affecting the LGU as well as coordinate with said officials. . The projects and programs mentioned in Sec. appointment . removal.27) ●The requirement of prior consultation applies only to national projects and/or programs which are to be implemented in a particular local community. -amendment of charters of LGUs. 27 should be interpreted to mean projects and programs whose environmental and ecological effects are among those mentioned in Sec. shall ensure that every component city and municipality acts within its powers. G. Extent of the LCE’s authority over NGAs and their functionaries: i. conduct mandatory consultations with LGUs NOTE: ●No project shall be implemented by government authorities without consultation with the local government units and prior approval of the Sanggunian concerned. iii. (Sec. b. as to nature of power B. 129093. The province. Power of Control and Power of General Supervision distinguished: 2. C. term. conversion of LGUs and alteration of its boundaries. programs and projects. provide technical and other forms of assistance and coordinate on the discharge of NGA functions v. -provide for qualification s. August 30. plans. Inter-Local Government Relations a.R. provide funding support iii. ii. the operation of lotto is neither a program nor project of the national government but of charitable institution. through the governor. responsibiliti es and resources among LGUs. -provide other matters relating to the organization and operation of LGUs.4 Power of Control Legislative Power of General Supervisio n Executive President assisted by the DILG Secretary Basis A. 2001). Although sanctioned by the national government. 26 and 27 of the LGC (Lina vs. c. election. the Philippine Charity Sweepstakes Office. General responsibilities of the National Government towards LGUs: i. -allocate powers. salaries and functions and duties of local officials. The LCE can enlist the attendance of the national official stationed in the LGU on a meeting of elective and appointed officials of the LGU treating matters in the promotion of the general welfare of the residents.

the Sangguniang Panlungsod and Sangguniang Bayan exercise disciplinary authority over elective barangay officials within their jurisdiction. CONVERSION. c. delivery of certain basic services 2. The mayor The Sangguniang Panlalawigan of a province reviews all ordinances enacted by the Sangguniang Panlungsod of component cities and Sangguniang Bayan of municipalities under their jurisdiction. In turn. MERGER AND CONSOLIDATION. school principals. In turn. 2. within c. LGUs shall encourage private-sector participation in the delivery of basic services. shall ensure that barangays act the scope of their powers. divided. Bids and Awards Committee (PBAC) ●responsible for the conduct of prequalification of contractors. Special Local Bodies where the private sector may participate in local governance: 1. The city or municipality. Private Sector Participation in Local Governance Purpose: to ensure the viability of local autonomy as an alternative strategy for sustainable development. developing local enterprises designed to improve productivity and income.5 b. ●LGUs may enter into joint venture and cooperative undertakings with people’s and nongovernmental organizations particularly in the following: 1. 4. Relations with People’s Organizations and Non-Government Organizations a. merged. AND A. through the mayor. Prequalification. the Sangguniang Panlungsod and Sangguniang Bayan review all ordinances passed by the Sannguniang Barangay under the jurisdiction. Series of 1988. Creation of LGUs: A local government unit may be created. evaluation of bids. shall review orders promulgated by the punong barangay. NGOs in the LGUs: ●LGUs shall promote the establishment and operation of people’s and non-governmental organizations as active partners. Local Development Council -a duly constituted body which shall assist the corresponding Sanggunian in setting the direction of economic and social development. and other school officials. abolished. Likewise. and coordinating development efforts in its territorial jurisdiction. or its boundaries substantially altered by law enacted by Congress in the case of a province. ●governor or the city or municipality mayor: Chairman 3. municipality. The governor shall review all executive orders promulgated by the mayor. People’s Law Enforcement Board (PLEB) III. Local School Board The DECS shall consult the Board on the appointment of division superintendents. Role of POs. pursuant to E. and the recommendation of awards concerning local infrastructure projects. district supervisors. 3. city. Local Health Board 6. CREATION. No. spur rural industrialization. bidding. as amended. and 3. 5. the Sangguniang Panlalawigan of a province exercises the quasi-judicial function (administrative disciplinary authority) of hearing and deciding administrative cases involving elective municipal and component city officials under their jurisdiction. and enhance the economic and social wellbeing of the people. b. ABOLITION OF LGUs DIVISION. or .309.O. diversifies agriculture. capability building and livelihood projects. Local Peace and Order Council.

LGC) 2. Role: serves primarily as a general purpose government for the coordination and delivery of basic. Population. Necessity of Fixing Corporate Limits: As a matter of general rule. projects and activities in the community. The creation or conversion of a local government unit to another level shall be based on the following verifiable indicators of viability and projected capacity to provide services: a. c. Sufficient income and b. Congress. 3. Income. 3. but it must be contiguous but it need not be contiguous if the barangay is comprised with two or more islands. Creation of Barangays: a. (Sec. respectively. A description of the boundaries of a municipal corporation is said to be an essential part of its charter and necessary to corporate existence. abolished or its boundary substantially altered only by an act of Congress subject to the criteria established by the Code. Role: serves as the primary planning and implementing unit of government policies.000 inhabitants 2.no minimum requirement. regular and direct services and effective governance of the inhabitants within its territorial jurisdiction. divided.6 other political subdivisions. Income. It is necessary that it must have its boundaries fixed. plans programs.386. divided. b. may create barangays in such communities notwithstanding the requirements set forth by law. Land Area. (Sec. Manner of Creation 1. LGC) 2. Substantive Requisites: 1. Where a barangay is created by an ordinance of the Sangguniang Panlalawigan. c.385a. and where disputes may be amicably settled. and as a forum wherein the collective views of the people may be expressed. exercise its powers beyond its own corporate limits. Who creates: a barangay may be created. the recommendation of the Sangguniang Bayan concerned shall be necessary. Who creates: may be created. b. Land Area. merged. the National Statistics Office and the Land Management Bureau of the DENR. municipal corporations cannot. NOTE: ●The creation of the new barangay shall not however reduce the population of the original barangay to less than the minimum requirement prescribed in the Code. Population and/or c. Creation of Municipalities a. Land area NOTE: Compliance with the above-cited indicators shall be attested by the Department of Finance. in order that may be identified and that all may know the exact scope or section of territory or geographical division embraced within the corporate limits and over which the municipal corporation has jurisdiction. 4. in order to enhance the delivery of basic services in indigenous cultural communities.average annual income of at least P2. While the power to create barangays has been delegated to Sanggunian Panlalawigan and Sangguniang Panlungsod. Population.a contiguous territory of 50 square kilometers. or by Sanggunian Panlalawigan or Sanggunian Panlungsod ordinance in the case of a barangay.5 million for the last two consecutive years based on the 1991 constant prices. definite and certain.at least 25. crystallized and considered.at least 2000 inhabitants ●Except in cities and municipalities within Metro Manila or in highly urbanized cities— must be at least 5000 inhabitants 2. (Sec.6) NOTE: ●nature of the power to create: LEGISLATIVE 1. without legal authorization. abolished or its boundary substantially altered by law or by an ordinance of the Sangguniang Panlalawigan or Sangguniang Panlungsod.no minimum income requirement 3. An incorporation is void where the boundaries of the municipal corporation are not described with certainty. merged. Substantive Requisites: 1. .

b. 3. PC) NOTE: ●RA 6734. c. municipalities.000 inhabitants 2. it shall be the duty of the President to declare the city as highly urbanized city upon: (1) proper application and (2) upon ratification in a plebiscite by the majority of registered voters therein. Population.a contiguous territory of at least 2000 square kilometers NOTE: ●BP 885. 17 of the LGC refers only to the physical mass of land area.contiguous territory of at least 100 square kilometers ●The Internal Revenue Allotments shall be included in the computation of the average annual income of the municipality for purposes of determining whether the municipality may be validly converted into a city. COMELEC.7 3. The IRAs are regular and recurring income and not merely special funds or transfers and/or budgetary aids from the national government or non-recurring income. divided. divided. Substantive Requirements: 1. However. Art. 6. subject to the satisfaction of the criteria set forth by the LGC. alone voted in favor . Comelec.15.not less than 250. regular and direct services and effective governance of the inhabitants within its territorial jurisdiction. Population. The use of the word territory in Sec. Status of Sub-provinces Existing sub-provinces are converted into regular provinces upon the approval by a majority votes cast in a plebiscite to be held in the said sub-province and the original province directly affected. 2. 179 SCRA 287). It excludes the waters over which the political unit exercises control (Tan vs. (Sec.may be created.may be created. Who creates. b.at least P100 million for the last two consecutive years Land Area. (Datu Firdausi Abbas vs.at least P50 million 5. c. The IRAs regularly and automatically accrue to the local treasury without need of any further action on the part of the local government unit (Alvarez vs.at least 200. merged. not to the waters comprising a political entity. Conversion of a Component City into a Highly Urbanized City a. Autonomous Regions The Philippine Constitution mandates the creation of autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces. it serves as a dynamic mechanism for development processes and effective governance of local government units within its territorial jurisdiction. 252 SCRA 695). the sole Province of Ifugao which. the organic act establishing the Autonomous Regional Government of Muslim Mindanao was held valid by the Supreme Court. merged or abolished. Income. LGC) 7. Who creates. cities. Land Area.average annual income of at least P20 million 3. or its boundary substantially altered only by an act of Congress subject to the criteria provided in the Code. in the plebiscite.000 inhabitants Income. Role. only by an act of Congress. Income is defined in the LGC to be all revenues and receipts collected or received forming the gross accretions of funds of the local government unit. or its boundary substantially altered. Creation of Provinces a.000 inhabitants 2.serves primarily as a general purpose government for the coordination and delivery of basic.as a political and corporate unit of government. and economic and social cultures.at least 150. NOTE: Substantive Requisites: Population. b. If a component city shall have met the minimum requirements for a highly urbanized city.462. or abolished. Guingona. which created the Province of Negros del Norte was declared unconstitutional because it did not comply with the land area criterion prescribed under the LGC. Substantive Requisites: 1. (Sec. Income. 142 SCRA 727). and geographical areas sharing common and distinctive historical and cultural heritage. 4. Creation of Component Cities a. 1. Role.10.

PLEBISCITE REQUIREMENT: Who shall participate Sec. No minimum requirement 2. unless some other date is fixed therefore by law or ordinance creating it. Likewise. the income classification of the original local .000 sq. 9.000 but 5. only the registered voters of the municipality sought to be converted into a component city. March 27. shall participate in the plebiscite. 2002) The plebiscite for the creation of a new province or municipality shall include the participation of the residents of the mother province or mother municipality in order to conform to the constitutional requirement. G. abolition or substantial alteration of the boundaries of local government units must be approved by a majority of votes cast in a plebiscite in the political unit or units directly affected.000 250. COMELEC. (Ordillo vs.km. an inquiry into the legal existence of a municipal corporation is reserved to the State in a proceeding for quo warranto or other direct proceeding.R. 11.. the governing board of the MMDA. MMDA cannot open for public use a private road in a private subdivision (MMDA vs. The completion of the publication of the law should be the reckoning point in determining the 120-day period within which to conduct the plebiscite. Inc. Clearly.km 100 sq. however. (Padilla vs. (Sec. Attack against invalidity of incorporation No collateral attack shall lie. create special metropolitan political subdivisions.000 for Metro Manila and highly urbanized cities 25. 10 of the LGC provides that the creation. COMELEC. has not been delegated any legislative power. There is no grant of authority to enact ordinances and regulations for the general welfare of the inhabitants of the metropolis. Art.000 or Land area No minimum requirement 50 sq. Even the Metro Manila Council.000 or 200. 2000). Metropolitan Manila was declared as a “special development and administrative region” and the administration of “metrowide basic services affecting the region was placed under a “development authority” referred to as the Metropolitan Manila Development Authority (MMDA). at least. X. whose functions were without prejudice to the autonomy of the affected local government units. Special Metropolitan Political Subdivisions The Congress may. by law. 10. No. Since publication is indispensable for the effectivity of a law. cannot validly constitute the Autonomous Region of the Cordilleras. population or land area shall not be reduced to less than the minimum requirements. but the component cities and municipalities shall retain their basic autonomy and shall be entitled to their own local executives and legislative assemblies. But this rule applies only when the municipal corporation is. a plebiscite can be scheduled only after the law creating a city took effect. and 150. Beginning of Corporate Existence When a new local government unit is created. (Cawaling vs. 26.5 million P100 million P50 million P20 million Population 2.8 of RA 6766. The law does not grant police nor legislative powers to MMDA. its corporate existence shall commence upon the election and qualification of its chief executive and a majority members of the Sanggunian. Summary of Substantive Requirements in the Creation of LGUs LGU Created Barangay Municipality Component City Highly Urbanized City Province Income No minimum requirement P2.14. Oct. a de facto municipal corporation. division and merger. The jurisdiction of the metropolitan authority that will be thereby created shall be limited to basic services requiring coordination. 11.km. Division and Merger of LGUs The division and merger of local government units shall comply with the same requirements for their creation. The income. (Sec. PC) NOTE: ●With the passage of RA 7924. 192 SCRA 100) 8. 135962. COMELEC. not from the date of its approval when the law had not yet been published. Bel-Air Village Association.000. 214 SCRA 735) ●In the conversion of a municipality into a component city. LGC) 12. Such plebiscite shall be conducted by the COMELEC within 120 days from the date of the effectivity of the law. MMDA is not a political unit.

5. (Sec. 2.Subject to what the legislature may provide upon annexation.g. population or land area has been irreversibly reduced to less than the minimum standards prescribed for its creation under the LGC. Powers in general 1.6 and 7. 25. Art II: Secs. Abolition of LGUs A local government unit may be abolished when its income. 3.In the absence of any provision of law to the contrary. Art. city. Where the annexed territory. On the debts and obligations of the annexed territory. GENERAL POWERS AND ATTRIBUTES OF LGUs A.Unless otherwise provided for by law. On the title to the property of the annexed territory. On the legal existence of the territory annexed. Effects of Annexation/Consolidation of Municipal Corporations 1. (Sec. 4. Doctrine of the right of self-government. R. Charter (particularly of cities) d. Effects of Division of LGUs On the legal existence of the original corporation: The division of municipal corporation extinguishes the corporate existence of the original municipality. Statutes. or barangay with which the local government unit sought to be abolished will be incorporated or merged. but applies only in States which adhere to the doctrine. implied and inherent b. e. Philippine Constitution b. 7160 c. the annexing territory is not required to pay for said buildings or improvements as they have already been paid for by the annexed territory.8. ordinance abolishing an LGU shall specify the province. Sec. Public or governmental. 5. The same rule applies of consolidation where the consolidating municipal corporation is held responsible for the indebtedness and obligations incurred by the territories which are consolidated. the law or. the annexing state may be required to share in the payment of said indebtedness. 15.9 government unit shall not fall below its current income classification prior to such division. IV. With regard to public buildings and improvements located in the annexed territory. as certified by the national agencies to Congress or to the Sanggunian concerned.When a municipal corporation is annexed to another. It shall become part of the annexing corporation and will fall under the jurisdiction of the latter. powers and rights of the original corporation: Unless the law provides otherwise. Likewise. LGC) 14.9. Classifications: a. 2.A. municipality. It would be otherwise if there exists an indebtedness on said buildings in which case. the officers and employees of the annexed or consolidated territory shall terminate their official relation with their offices. LGC) 13. Intramural or extramural d. On the property. Mandatory and directory. when a territory is annexed to a municipal corporation. Express. On the laws and ordinances of the annexed corporation.. powers. the annexation of one municipal corporation to another will dissolve the annexed territory. Execution of powers: . each municipality acquires title to all the property. rights and obligations falling within its territorial jurisdiction. it shall become subject to all the laws and ordinances by which the annexing corporation is governed. X. ministerial and discretionary 3. when a municipal corporation is divided into two or more municipalities. the annexing territory shall acquire title to the property of the annexed territory at the time of annexation without compensation unless the annexing statute provides otherwise. however. the legislature may provide for the payment of compensation for the indebtedness incurred on account of the property taken. Sources: a.It has been stated that debts and obligations of a municipal corporation contracted before its annexation to another territory shall be assumed by the annexing territory in the absence of any provision to the contrary. On the right of officers or employees of the annexed or consolidated territory to continue to hold their offices. private or proprietary c. forms part of a municipality from which it is taken.

PAGCOR. The police power of a municipal corporation is broad and commensurate with the duty to provide for the real needs of the people in their health. b. 197 SCRA 52) ●Main Sources of Revenues of LGUs A. and convenience as consistently as may be with private rights. Under the Constitution 1. The support for the poor has long been an accepted exercise of police power in the promotion of common good. The care for the poor is generally recognized as a public duty. Only guidelines and limitations that may be established by Congress can define and limit such power of local governments. share in the national taxes. taxes. grants/aids . comfort. share in the proceeds of the utilization and development of the national wealth within their areas (§7. Equal protection clause d. X) B. Must not be unreasonable. the procedure must be followed. PAGCOR being an instrumentality of the National Government is therefore exempt from local taxes.Internal Revenue Allotment 3.000 a month. and 6. LGC) The exercise by local governments of the power to tax is ordained by the present Constitution (§5. Must not prohibit. Domingo. Art. (Basco vs. Must not be unfair or oppressive. (Binay vs. Must not be partial or discriminatory. Basic Services and Facilities: §17. 2.the statutory grant of police power to local government units. B. This power is organic and flexible. Due process clause e. Art. has been upheld by the Supreme Court as a valid exercise of police power. Must be general in application and consistent with public policy. 5. X) 2. but may regulate trade which is not illegal per se. 201 SCRA 508) 2. 3. or incidental to efficient and effective provision of the basic services and facilities enumerated under the Code. Must not be contrary to the Constitution and the laws. Where the statute is silent. equipment and other assets and personnel of national agencies and offices. But local governments have no power to tax instrumentalities of the National Government. Constitution). LGC—(a) Local government units shall endeavor to be self-reliant and shall continue exercising the powers and discharging the duties and functions currently vested upon them. Phil. Requisites for the validity of a municipal ordinance: 1. Under the Local Government Code 1. safety. ●Limitations: a. 4. NOTE: A local government unit may exercise delegated governmental powers: ●Police power (under the General Welfare Clause) ● Power of Taxation ● Power of Eminent Domain a. Express grant by law b. Art. ●Devolution refers to the act by which the national government confers powers and authority upon the various local government units to perform specific functions and responsibilities. They shall also discharge the functions and responsibilities of national agencies and offices devolved to them pursuant to this Code. except for protection of water supply c. Power to generate and apply resources (§18. Exercisable only within the territorial limits of the LGU. fees and charges (§5. This includes the transfer to the local government units of the records. Local government units shall likewise exercise such other powers and discharge such other functions and responsibilities as are necessary.10 a. It extends to all the great public needs and in a broad sense includes all legislation and almost every function of the municipal government. General Welfare Clause. Where the statute prescribes the manner of exercise. local government units have discretion to select reasonable means and methods of exercise. appropriate. 3. floating of bonds 2. ●An ordinance extending burial assistance of P500 to a bereaved family whose gross income does not exceed P2. Must not contravene the Constitution and any statute. GOVERNMENTAL POWERS: 1. X.

the component city/municipality shall receive 45% and the barangays 35%. the province shall receive 20%. whichever is higher. fees and charges subject to the provisions on local taxation consistent with the basic policy of local autonomy. be levied and collected only for public purposes. 1. fees. If the national wealth is located in highly urbanized city or independent component city. 3. The procedural requirements of public hearing and publication must be observed for purposes of compliance with the requirements of due process. for municipalities. All monies officially received by a local government officer in any capacity or on any occasion shall be accounted for as local funds. for barangays. ●How National Wealth is Distributed If the national wealth is located in one province. Each local government unit shall. 7. 10. If the national wealth is located in two or more LGUs. distribution shall be based on the following: population. excessive. charges and other impositions shall in no case be let to any private persons. 4. 3.23%. activities and projects.34%. 4. public policy.20%. and be subject to disposition by. the HUC or ICC shall receive 65% and the barangays shall receive 35%. Taxes. The collection of taxes. No money shall be paid out of the local treasury except in pursuance of an appropriation ordinance or law. 5. and such officer shall be accountable and responsible for said funds and for the safekeeping thereof in conformity with the provisions of law. 2. LGUs shall receive 1% of the gross sale or receipts of the preceding calendar year and 40% of taxes. Fundamental Principles on Local taxation Taxation shall be uniform in each local government unit. royalties. the local government unit levying the tax. c. be harmonized with national development plans. national economic policy. 8.11 ●All LGUs are empowered to create their own sources of revenue and to levy taxes. unless otherwise provided by law. and collection thereof shall at all times be acknowledged properly. Every officer of the local government unit whose duties permit or require the possession or custody of local funds shall be properly bonded. a. Local budget plans and goals shall. Local budgets shall operationalize approved development plans. 2.70% and land area. fee or charge. and 5. not be contrary to law. 9. oppressive or confiscatory. and from each share in any joint effort in utilizing and developing the national wealth within the LGU’s jurisdiction and shall be remitted without need for further action to the local treasurer on a quarterly basis within five days after the end of every quarter. National planning shall be based on local planning to ensure that the needs and aspirations of the people as articulated by the local government units in their respective local . Local revenue is generated only from the sources expressly authorized by law or ordinance. NOTES: ●Shares of LGUs in the proceeds of national taxes The share of the LGU in Internal Revenue Taxes is 40%. Local government units shall ensure that their respective budgets incorporate the requirements of their component units and provide for equitable allocation of resources among these component units. and the local budgets shall be based on functions. 6. charges and other impositions shall: be equitable and based as far as practicable on the taxpayer’s ability to pay. The 40% IRA is allocated to LGUs as follows: for provinces and cities. The Sanggunian concerned through an ordinance has the power to impose a tax. Local governments shall formulate sound financial plans. D.30%. evolve a progressive system of taxation. C. ●Shares in National Wealth 40% of the gross collection from mining taxes. goals and strategies in order to optimize the utilization of resources and to avoid duplication in the use of fiscal and physical resources. Local government funds and monies shall be spent solely for public purposes. 11. Trust funds in the local treasury shall not be paid out except in fulfillment of the purpose for which the trust is created or the funds received. No less than 20% of the IRA is allotted for development project by the local unit from the IRA. The revenue collected pursuant to the provisions of the LGC shall inure solely to the benefit of. Fundamental Principles of Local Fiscal Administration 1. not be unjust. fees or charges that GOCCs would have paid if not tax exempt. as far as practicable. forestry and fishery charges. d. or in restraint of trade. as far as practicable. fees. b. fee. charge or other imposition unless otherwise specifically provided herein. in terms of expected results.

acting pursuant to a valid ordinance. Where the land shall have substantially greater economic value for residential. transactions. LGC) The power to expropriate private property has been delegated by Congress to LGUs under §19. for the benefit of the poor and the landless. commercial or industrial purposes as determined by the sanggunian. VM Realty Corp. as follows: 1. provided that in case of permanent closure. Only after a valid and definite offer had been made to. taking. such ordinance must be approved by at least 2/3 of all the members of the sanggunian. Exercised only by the local chief executive. 12. or square falling within its jurisdiction. 5. For public use or purpose or welfare. Reclassification of lands (§20. and adequate substitute for the public facility shall be provided. RA 7160) A city or municipality may. 328 SCRA 137) NOTE: ●An LGU may immediately take possession of the property upon filing of expropriation proceedings and deposit in court of 15% of the FMV of the property. the owner. just compensation and due process of law. . (Municipality of Paranaque vs. public use. NOTE: ●Additional limitations in case of permanent closure: i. 13. (Heirs of Suguitan vs. Adequate provision for the maintenance of public safety must be made. Closure and opening of roads (§21. alley. and when necessary. ii. Fiscal responsibility shall be shared by all those exercising authority over the financial affairs. City of Mandaluyong. Eminent Domain (§19. provided that such reclassification shall be limited to the following percentage of the total agricultural land area at the time of the passage of the ordinance: ●for highly urbanized cities and independent component cities: 15% ●for component cities and 1st to 3rd class municipalities: 10% ●for 4th and 6th class municipalities: 5% ●Provided that agricultural land distributed to land reform beneficiaries shall not be affected by such reclassification.. private property. The exercise by LGUs of the power of eminent domain are subject to the usual constitutional limitations such as necessity. b. NOTE: Private property already devoted to public use can still be a subject of expropriation by Congress but not by LGUs. LGC. 292 SCRA 676) ●The promulgation of the ordinance authorizing the local chief executive to exercise the power must be promulgated prior to the filing of the complaint for eminent domain with the proper court. An LGU shall file a complaint for expropriation on the strength of an ordinance and not a mere resolution passed by the Sanggunian. 4. The local government unit shall endeavor to have a balanced budget in each fiscal year of operation. 2. may authorize the reclassification of agricultural lands and provide for the manner of their utilization or their disposition: i. RA 7160) A local government unit may. The determination of whether there is genuine necessity for the exercise of the power of eminent domain is a justiciable question when exercised by the LGUs and generally a political question when exercised by Congress. 4. Other powers a. park. and operations of the local government units. and not after the court shall have determined the amount of just compensation to which the defendant is entitled. permanent or temporarily close or open any local road. pursuant to an ordinance. through an ordinance passed after conducting public hearings for the purpose. The additional limitations on the exercise of the power of eminent domain by LGUs are.12 development plans are considered in the formulation of budgets of national line agencies or offices. When the land ceases to be economically feasible and sound for agricultural purposes as determined by the Department of Agriculture. 3. and not accepted by.

nor may a change of name be made unless for a justifiable reason and. and other health facilities. iii. streets and structures 1. upon recommendation of the sangguniang barangay concerned. 2. iii. iii. upon the recommendation of the sangguniang barangay concerned. LGC) d. City barangays. avenues. upon the recommendation of the sangguniang concerned. City and municipal barangays. avenues. thoroughfares and bridges. To this end: a. health centers. Provinces. post-secondary and other tertiary schools. City hospitals. iv. The name of a local government unit or a public place. Boundary disputes involving two or more barangays in the same city or municipality shall be referred for settlement to the sangguniang panlungsod or sangguniang bayan concerned. . ii. the representative of the legislative district concerned. ●A change of name of a public school shall be made only upon the recommendation of the local school board concerned.The sangguniang panlalawigan may change the name of the following within its territorial jurisdiction: i.13 ii.The sanggunians of HUCs and ICCs may change the name of the following within its territorial jurisdiction: i. ii. boulevards. health centers. Component cities and municipalities. health centers and other health facilities. c. Boundary disputes involving two or more municipalities within the same province shall be referred for settlement to the sangguniang panlalawigan concerned. municipal and barangay roads. Highly Urbanized and Independent Component Cities. cultural. in any case. fiesta celebrations. City and municipal hospitals. Component Cities and Municipalities. or ethnic significance shall not be changed. Settlement of boundary disputes (§118 a-d. Public elementary. ●Temporary closure may be made during an actual emergency. 3. RA 7160): Boundary disputes between and among local government units shall. street or structure with historical. c. not oftener than once every ten years. (§13. the Office of the President. City and municipal public elementary. secondary and vocational or technical schools. and other health facilities shall be made only upon the recommendation of the local health board concerned. Boundary disputes involving municipalities or component cities of different provinces shall be jointly referred for settlement to the sanggunians of the provinces concerned. NOTES: ●None of the foregoing local government units. The property may be used or conveyed for any purpose for which other real property may be lawfully used or conveyed. and v. b. and v. be settled amicably. ii. public places. and the Bureau of Posts shall be notified. ●In any change of name. thoroughfares. avenues. secondary and vocational or technical schools. etc.The sanggunians of component cities and municipalities may change the name of the following within its territorial jurisdiction: i. Any other public place or building owned by the city government. ●The change of name of any local government unit shall be effective only upon ratification in a plebiscite conducted for the purpose in the political unit directly affected. health centers and other health facilities. unless by a unanimous vote of the sanggunian concerned and in consultation with the Philippine Historical Commission. but no freedom park shall be closed permanently without provision for its transfer or relocation to a new site. Provincial roads. thoroughfares. or buildings shall be named after a living person. and bridges. institutions. iv. boulevards. Provincial hospitals. Public vocational or technical schools and other post secondary and tertiary schools. places. City roads. City. community colleges and non-chartered colleges. and bridges. Any other public place or building owned by the municipal government. boulevards. Any other public place or building owned by the provincial government. ●A change of name of public hospitals. public rallies. and v. iv. as much as possible. Naming of LGUs.

121215. sangguniang panlungsod or sangguniang bayan shall be approved: If the local chief executive approves the same. LOCAL LEGISLATIVE POWER A. shall be jointly referred for settlement to the respective sanggunians of the parties. saying that the grant of the veto power accords the Mayor the discretion whether or not to approve the resolution. it shall issue a certification to that effect. Thereafter. The vice governor. XVI. suspended for not more than 60 days. The authority of local executives over the police units in their jurisdiction shall be provided by law. B.prescribes a rule of conduct. He shall also disclose any business. Must not be unreasonable 6. to be administered and controlled by a National Police Commission. Resolution. Authority over police units (§6. the dispute shall be formally tried by the sanggunian concerned which shall decide the issue within 60 days from the date of the certification referred to above. Must not be partial or discriminatory 4. Pending final resolution of the case. (§119. excluded from the session. upon assumption of office shall make a full disclosure of his business and financial interests. a member may be censured. 2. any party may elevate the decision of the sanggunian concerned to the proper Regional Trial Court having jurisdiction over the area in dispute. (De Los Reyes vs. G. which shall be national in scope and civilian in character. the disputed area prior to the dispute shall be maintained and continued for all legal purposes. 2. affixing his signature on each and every page thereof. or two or more highly urbanized cities. A member sentenced by final judgment to imprisonment for at least one year for a crime involving moral turpitude shall be automatically expelled. financial or professional relationship or any relationship within the 4th degree which he may have with anyone affected by any ordinance or resolution of the sanggunian which involves a conflict of interests. If the local chief executive vetoes the same. Procedure: In the event the sanggunian fails to effect an amicable settlement within 60 days from the date the dispute was referred thereto.of temporary character. reprimanded. Every sanggunian member. Sandiganbayan. the petitioner argued that his signature on the resolution was merely ministerial. The Regional Trial Court shall decide the appeal within one (1) year from the filing thereof.R. (§50) 4. Must not prohibit. Philippine Constitution) The State shall establish and maintain one police force. but may regulate trade 5. The Supreme Court disagreed. LGC) e. 6.14 d. or expresses sentiment. Within the time and manner prescribed by the Rules of Court. and the veto is overridden by 2/3 vote of all the members of the sanggunian. Requisites for validity: 1. Must not be unfair or oppressive 3. Boundary disputes involving a component city or municipality on the one hand and a highly urbanized city on the other. For disorderly behavior and absence without justifiable cause for 4 consecutive sessions. Suspension or expulsion shall require concurrence of at least 2/3 of all sanggunian members. Art. or expelled. ●Such relationship includes: . •Approval of ordinances: Ordinances passed by the sangguniang panlalawigan. Must not contravene the Constitution and any statute 2. In case of inability of the presiding officer. 1997) NOTES: 1. Must be general in application and consistent with public policy. the vice mayor and the punong barangay shall be the presiding officer of the sanggunians but shall vote only in case of tie. Products of legislative action 1. ●Where petitioner was charged with falsification of a public document for approving a resolution which purportedly appropriated money to pay for the terminal leave of 2 employees when actually no such resolution was passed. (§49) 3. 13. Nov. Ordinance. the members shall elect a temporary presiding officer from among themselves. any party may elevate the decision of the sanggunian concerned.

valid. the ordinance . Contracts with any person to which the ordinance may apply ●Conflict of interests refers to a situation where a sanggunian member may not act in the public interest due to personal consideration that may affect his judgment to the prejudice of the public. it shall take effect after 10 days from posting at the provincial capitol or city. The governor or mayor may veto any item in the following cases: a. it shall declare such ordinance or resolution invalid in whole or in part. (§55) 9. if it finds that the ordinance or resolution is beyond the power conferred upon the sangguniang panlungsod or sangguniang bayan concerned. The sangguniang panlalawigan shall review ordinances and resolution of cities and municipalities to determine if they are within their power. return the same with its comments and recommendations to the sangguniang barangay for adjustment. (§57) ●Procedure: Within 10 days from enactment. the secretary of the sangguniang panlungsod (in component cities) or sangguniang bayan shall forward to the sangguniang panlalawigan for review copies of approved ordinances and resolutions approving the local development plans and public investment programs formulated by the local development councils. The gist of all ordinances with penal sanction shall be published in a newspaper of general circulation in the province. A special session may be called by the local chief executive or a majority of the sanggunian members. The sangguniang panlalawigan shall review the same within 30 days. the ordinance or resolution is presumed consistent with law. Effectivity a. the sangguniang concerned shall. Unless concurred in by 2/3 vote of the members present. 12. If no action is taken within 30 days. shall be sufficient ground for the suspension or dismissal of the official or employee concerned. In the absence of such newspaper. b. upon approval by a majority of all its members. (§56) Procedure: Within 3 days after approval. Unless otherwise stated in the ordinance. The veto shall be communicated to the sanggunian within 15 days in the case of a province and 10 days in the case of a city or municipality. amendment or modification. be signed by the Punong Barangay. in which case the effetivity of the ordinance is suspended until the revision called for is effected. Investment in the entity to which the ordinance may apply ii. (§52) 6. Or that it is prejudicial to public welfare 10. otherwise. b. The grounds for veto are: a.15 i. (§51) 5. as if he signed it. 14. no matter may be reconsidered at the special session except those stated in the notice. 8. Ordinances enacted by the sangguniang barangay shall. municipal or barangay hall and two other conspicuous places. The sangguniang panlungsod or bayan shall review sangguniang barangay ordinances to determine if they are lawful. The ordinance is ultra vires b. A majority of all the members of the sanggunian shall constitute a quorum. Particular item or items in an appropriations ordinance b. the sangguniang barangay shall furnish copies of all barangay ordinances to the sangguniang panlungsod or sangguniang bayan for review. the ordinance is deemed approved. (§54) 11. Enforcement of disapproved ordinances/resolutions: Any attempt to enforce an ordinance or resolution approving the local development plan and public investment program. An ordinance shall be approved by the local chief executive by affixing his signature in each and every page thereof. and therefore. Review a. 13. If no action is taken by the sangguniang panlungsod or sangguniang bayan within 30 days. within 30 days from receipt thereof. after the disapproval thereof. If the reviewing sanggunian finds the barangay ordinances inconsistent with law or city or municipal ordinances. (§53) 7. The latter has no veto power. Ordinance adopting a local development plan and public investment program c. Ordinance directing the payment of money or creating liability. the ordinance shall be deemed approved. The sanggunian may override the veto by 2/3 of all its members.

c. The local government unit may alienate only patrimonial property. Corporate Powers (§22. Castaneda. upon authority of the sanggunian. To exercise such other powers as are granted to corporations. is governmental or public property. or office of the national government or from any higher local government unit. V. 5. donation. Such contract cannot be ratified or validated. 2. 102 Phil. there must be an actual appropriation and a certificate of availability of funds. (§59 C. from local and foreign assistance agencies without necessity of securing clearance or approval from any department. §24. iii. Specific provisions making LGUs liable: a.e. that projects financed by such grants or assistance with national security implications shall be approved by the national agency concerned. MUNICIPAL LIABILITY A. RA 7160) To have continuous succession in its corporate name To sue and be sued To have and use a corporate seal To acquire and convey real or personal property a. 4. it shall be published in any newspaper of general circulation. the Statute of Frauds. i. b. the municipal resolution effectively terminated the agreement. b. they may be occupied temporarily.Liability for damages. 6.. Pangasinan. for it is settled that the police power cannot be surrendered or bargained away through the medium of a contract (Villanueva vs. board. c. but only for the duration of an emergency (Espiritu vs. implied or inherent power to enter into the particular contract. even assuming the existence of a valid lease of the public plaza or part thereof. thus. etc. tangible or intangible property. Jarencio. 866). subject to limitations provided in the Code and other laws. sale. e.. in support of the basic services and facilities enumerated under §17. RA 7160) The local chief executive may. In the absence of such newspaper. Ratification may be express or implied. A public plaza is beyond the commerce of man. 48 SCRA 734. The contract must comply with certain substantive requirements.. (Salas vs. 1. Ultra vires contracts When a contract is entered into without compliance with the first and the third requisites (above). Town plazas are properties of public dominion. no contract may be entered into by the local chief executive on behalf of the local government unit without prior authorization by the sangguniang concerned. In highly urbanized and independent component cities. Provided. in addition to posting.g. Unless otherwise provided by the Code. the presumption is that it came from the State upon the creation of the municipality and. 154 SCRA 142). iv.g. The local government unit has the express. And. the main features of the ordinance shall be published in a local newspaper of general circulation. e. upon proper authority. Power to enter into contracts a. Villegas. ii. c.Local government units and their officials are not exempt from liability for death or injury to persons or damage to property. officer or agent. e. and cannot be the subject of lease or other contractual undertaking. 55 SCRA 656) d. In the absence of proof that the property was acquired through corporate or private funds. The local government unit may acquire real or personal. the same is ultra vires and is null and void. Ratification of defective municipal contracts is possible only when there is non-compliance with the second and/or fourth requirements above. RA 7160. Authority to negotiate and secure contracts (§23. agency. Requisites of a valid municipal contracts i. The contract is entered into by the proper department. Municipal Council of Pozorrubio. in any manner allowed by law. when expenditure of public fund is to be made.16 shall be posted in all municipalities and cities of the province where the sanggunian of origin is situated. 3. . Rebuco vs. negotiate and secure financial grants or donations in kind. The contract must comply with the formal requirements of written contracts. committee.

the Province of Cebu is estopped to question its validity for the purpose of denying answerability. NOTES: ●A private individual who deals with a municipal corporation is imputed constructive knowledge of the extent of the power or authority of the municipal corporation to enter into contracts. NCC. Pangasinan. d. Doctrine of Implied Municipal Liability. 243 SCRA 152). or with any of its authorized boards. through the Mayor. Art. c.00 with a warning. (par. in this case. therefore. Hold such interests in any cockpit or other games licensed by a local government unit. it is NOT liable. is liable on a contract it enters into. §89. CA. 4. Liability for contracts a. If the local government unit is engaged in governmental functions. implies an obligation to do justice with respect to the same. 2189. officials.6). independent of an express contract. 2. Art. Thus. ●Ordinarily.It shall be unlawful for any local government official or employee. or property or any other thing of value is to be transferred. b. Liability for Tort a. b. the munipal corporation is not liable.17 b.A municipal corporation. Be a surety for any person contracting or doing business with the local government unit for which a surety is required. The Municipality of Malasique. agents. local government unit is liable.The local government unit is liable in damages for death or injuries suffered by reason of the defective condition of roads. because of the refusal of the Mayor to abide by a Temporary Restraining Order issued by the Court (Moday vs. 85 SCRA 599) c. and . streets. public buildings and other public works.000. General Rule. The doctrine applies to all cases where money or property of a party is received under such circumstances that the general law. or by virtue of a legal process at the instance of the said local government unit.The State is responsible when it acts through a special agent. Agusan del Sur. VI. 34. provided that the contract is intra vires. c. the councilors themselves are not liable for the negligence of their employees or agents. NOTE: ●The municipal council managed the town fiesta. Art. Personal Liability of local officials 3. the doctrine of estoppel does not lie against municipal corporation. whereby money is to be paid. to: a. 2180. directly or indirectly. like an ordinary person. directly or indirectly. bridges. Fontanilla. LOCAL OFFICIALS A. Purchase any real estate or other property forfeited in favor of such local government unit for unpaid taxes or assessment. RA 7160: Prohibited business and pecuniary interest. Having regarded the contract as valid for purposes of reaping benefits. Liability for violation of law Case: The Municipality of Bunawan. was held in contempt and fined P1.A municipality may become obligated upon an implied contract to pay the reasonable value of the benefits accepted or appropriated by it as to which it has the general power to contract (Province of Cebu vs. b. 147 SCRA 447). While the municipality was held liable. NCC. out of the resources of the local government unit to such person or firm. d. (Torio vs. NCC. If the contract is ultra vires. under the principle of respondeat superior. Provisions applicable to elective and appointive officials 1. ●Holding of town fiesta is a proprietary function. IAC. If engaged in proprietary functions. the Province of Cebu cannot set up the plea that the contract was ultra vires and still retain benefits thereunder.The local government unit is subsidiarily liable for damages suffered by a person by reason of the failure or refusal of a member of the police force to render aid and prosecution in case of danger to life and property. was held liable for the death of a member of the zarzuela group when the stage collapsed. or attorneys. Engage in any business transaction with the local government unit in which he is an official or employee or over which he has the power of supervision.

Those removed from office as a result of an administrative case. City Councilor Javellana violated the prohibition against engaging in private practice if such practice represents interests adverse to the government. Candidates for sanggunian members in component cities and municipalities. no elective or appointive local official shall hold any other office. Case: It was held that by appearing as counsel for dismissed employees.18 e. or of the district where he intends to be elected in the case of the members of the sanggunian. Possess or use any public property of the local government unit for private purposes. Physicians may practice their profession even during office hours only on emergencies and without monetary compensation. Fugitives from justice in criminal or non-political cases here or abroad. Ability to read and write Filipino or any other local dialect.at least 21 years old iii. Practice of Profession (§90. iii. Barangay officials. RA 7160). (Javellana vs.at least 15-21 years NOTES: ●Age. ●Petitioner was over 21 years of age on the day of the election was ordered disqualified by the Supreme Court when the latter rejected the contention of the petitioner that she was qualified because she was less than 22 years old. e. No elective or appointive local official shall be eligible for appointment or designation to any public office during his tenure. Prohibition against appointment (§94. Those with dual citizenship. B. Those convicted by final judgment for violating the oath of allegiance to the Republic. f. Sangguniang Kabataan. Governors or mayors are prohibited from practicinìstrative proceedings involving the local government unit of which he is an official. when his application for repatriation was granted by the Special committee on Naturalization created under PD 825. An official begins to govern only upon his proclamation and on the day that his term begins. 212 SCRA 475) b. no candidate who lost in any election should be appointed to any office within one year after election. The prohibitions and inhibitions prescribed in RA 6713 also apply. RA 7160) a.must be possessed on the day of the election. Sales). iv. Qualifications: a. c. . 271 SCRA 767).at least 23 years old ii. ELECTIVE LOCAL OFFICIALS 1.The following are disqualified from running for any elective local position: a. Except for losing candidates in barangay elections. b. f. DILG. b. §39 of the LGC speaks of qualifications of elective officials. Candidates in provinces and highly urbanized cities. b. Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of the Code. Philippine citizenship is required to ensure that no alien shall govern our people. Common qualifications: i. Disqualifications (§40. 3. 2. Since Frivaldo took his oath of allegiance on June 30. Age i. Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one year or more of imprisonment. and g. RA 7160) a.at least 18 years old v. Filipino Citizen ii. ●The LGC does not specify any particular date when the candidate must possess Filipino citizenzship. 1995. Unless otherwise allowed by law or by the primary function of his office.at least 18 years old iv. Resident therein for at least one year immediately before the election iv. c. The insane or feeble-minded. Use property and personnel of the government except when the sanggunian member is defending the interest of the government. Registered voter of the local government unit. within two years after serving sentence. Besides. COMELEC. The phrase “not more than 21 years old” is not equivalent to “less than 22 years old” (Garvida vs. d. not of candidates (Frivaldo vs. Candidates for mayor and vice mayor of component cities and municipalities. 2. he was therefore qualified to be proclaimed.

Sanggunian members according to ranking b. panlungsod or bayan. Term of Office Three years. Component city and municipality. RA 7160) A. b.appointment by the President ii. 3. city or municipal mayor. c. fails to qualify. 1997. 1992. refuses to assume office. 1998). The appointee for the sangguniang barangay shall be recommended by the sangguniang barangay. v. one from the workers. which shall begin after the regular election of barangay officials on the second Monday of May. Sanggunian: i. (§45) . became Mayor in 1989. and one from any of the following sectors: urban poor. d. dies. vii. Ranking in the sanggunian shall be determined on the basis of the proportion of the votes obtained to the number of registered votes in each district. except that of elective barangay officials. Sept. starting from noon of June 30. is removed from office. 4. Sangguniang barangay. Permanent vacancies: A permanent vacancy arises when an elective local official fills a higher vacant office. a. Provinces. Vice Governor and Vice Mayor ii. Vacancy in the representation of the youth and the barangay in the sanggunian shall be filled by the official next in rank of the organization. The presidents of the leagues of sanggunian members of component cities and municipalities shall serve as ex officio members of the sangguniang panlalawigan concerned. Comelec. Manner of Election a. NOTE: ● A nomination and a certificate of membership of the appointee from the highest official of the political party concerned are conditions sine qua non. vi. Rules on Succession (§44-46. vice-governor. and any appointment without such nomination and certificate shall be null and void and shall be a ground for administrative action against the official concerned.appointment by mayor iv. Punong barangay i. voluntarily resigns. Except for the sangguniang barangay. or any other sector as may be determined by the sanggunian concerned within 90 days prior to the holding of the next local elections as may be provided by law. The Comelec shall promulgate the rules and regulations to effectively provide for the election of such sectoral representatives. 8524) ●The three-term limit on a local official is to be understood to refer to terms for which the official concerned was elected. as may be provided by law. Highest ranking sanggunian member ii. The regular members of the sangguniang panlalawigan. may still be eligible to run for the position of Mayor in 1998. Date of Election Every three years on the second Monday of May. highly urbanized cities and independent component cities. No. a person who was elected Vice Mayor in 1988 and who. or is permanently incapacitated to discharge the functions of his office. 6. there shall be one sectoral representative from the women. (R. shall serve as ex officio members of the sangguniang panlalawigan. Ties will be resolved by drawing of lots. Governor and Mayor i. indigenous cultural communities. 133495. If the member does not belong to any party. the appointee shall be recommended by the sanggunian. unless otherwise provided by law. even if elected as such in 1992 and 1995 (Borja v. 5. the appointee shall come from the political party of the member who caused the vacancy. In addition. Second highest ranking sangguniang barangay member c. The governor. because of the death of the Mayor. or such date as may be provided by law. (§44) e.R. G.19 3. city or municipal vice-mayor and punong barangay shall be elected at large in their respective units. Thus. panlungsod and bayan shall be elected by district. The term of office of barangay officials and members of the sangguniang kabataan shall be for five years. disabled persons. The presidents of the liga ng mga barangay and the pederasyon ng mga sangguniang kabataan elected by their respective chapters. The sangguniang kabataan chairman shall be elected by the registered voters of the katipunan ng kabataan. No local elective official shall serve for more than three consecutive terms in the same position.A.appointment by governor iii.

Temporary vacancy a. c. 127066. e. and in cases where sangguniang panglungsod members are elected by district. vice mayor. Comelec. vice mayor. October 5. all elective municipal officials in the district. (§46) 7. vice mayors and sanggunian members of the municipalities and component cities. a. suspend or dismiss employees. Compensation (§81.000 per month for the punong barangay and P600 for the sangguniang barangay members. When the local chief executive is traveling within the Philippines for not more than 3 consecutive days.R. By the registered voters of the local government unit c. municipality or barangay. 111511. 7160) b. Provincial level: All mayors. city. where the resolution was adopted without giving notice to all the members of the PRA. suspend or dismiss employees. R. No. which can only be exercised after 30 working days. and in a public place in the province. it was held that where the Comelec has already conducted an investigation and found the initiatory recall proceedings to be in accord with law. city or municipal officials shall be validly initiated through a resolution adopted by a majority of all the members of the preparatory recall assembly concerned during its session called for that purpose. and in the presence of a representative of the petitioner and representative of the official sought to be recalled. d.R. Legislative district level: Where sangguniang panlalalwigan members are elected by district. allowances and other emoluments as may be provided by law or barangay. the same is fatally flawed (Garcia vs.20 B. thus. 1993). but in no case less than P1. The authorization shall specify the powers of the officer-in-charge except the power to appoint. ii. Recall of provincial. iii. city. subject to the provisions of R. or ranking sangguniang barangay member shall exercise his powers except the power to appoint. Comelec. Case: It was held that notice to all the members of the Preparatory Recall Assembly is imperative. However. City level: All punong barangay and sangguniang barangay members in the city. f. Preparatory recall assembly. March 11. When the governor. the vice governor. shall be filed with the Comelec through its office in the local government unit concerned. 6758 (Compensation and Position Classification Act of 1989). the vice governor. . as the case may be. By a preparatory recall assembly ii. R. G.A. Initiation of recall by registered voters: Recall of a provincial. By whom exercised.A. ●Elective local officials shall be entitled to the same leave privileges as those enjoyed by appointive local officials.termination of official relationship of an elective official for loss of confidence prior to the expiration of his term through the will of the electorate. all elective barangay officials in the district.composed of the following: i.by the registered voters of a local government unit to which the local elective official subject to such recall belongs. Municipal level: All punong barangay and sangguniang barangay members in the municipality. municipal or barangay official may also be validly initiated upon petition by at least 25% of the total number of registered voters in the local government unit concerned during the election in which the local official sought to be recalled was elected. The elective barangay officials shall be entitled to receive honoraria. If the local chief executive does not issue the authorization. or highest ranking sangguniang barangay member shall assume his powers on the fourth day of his absence. G. (§69. municipal or city ordinance. in Malonzo vs. Two modes of initiating recall: i. 7160) The compensation of local officials and personnel shall be determined by the sanggunian concerned. he may designate an officer-in-charge. Procedure for initiating recall by preparatory recall assembly A majority of all the preparatory recall assembly members may convene in session in a public place and initiate a recall proceeding against any elective official in the local government unit concerned. 1997. No. including the cumulation and commutation thereof. Procedure: i. A written petition for recall duly signed before the election registrar or his representative. mayor or punong barangay is temporarily incapacitated to perform his duties. Recall. there is no necessity for the Supreme Court to refer the matter of the veracity of the questioned notices back to the Comelec.A. b. iv. 7.

The Comelec or its duly authorized representative shall cause the publication of the petition in a public and conspicuous place for a period of not less than 10 days nor more than 20 days. The governor. Commission of any offense involving moral turpitude or an offense punishable by at least prision mayor. or acquisition of. ●The official sought to be recalled is automatically a candidate.(a) Within 7 days after the administrative complaint is filed. city mayors and vice mayors of component cities. Irrevocable resignation by sanggunian members takes effect upon presentation before an open session. R. It is deemed accepted if not acted upon within 15 working days. gross negligence.The local chief executive shall establish a procedure to inquire into.A. or removed from office on any of the following grounds: i. 7160) a. panlungsod. Grounds for disciplinary action: An elective local official may be disciplined. 7160). R. (c) However. (b) When the respondent is an elective official of a province or highly urbanized city. d. 7160). (§82. in case of governors. R. Disloyalty to the Republic of the Philippines. act upon. No recall shall take place within one year from the date of the official’s assumption to office or one year immediately preceding a regular local election. Abuse of authority. R. in case of sangguniang members. e. Culpable violation of the Constitution iii. Discipline (§60-68. bayan and barangay. Sanggunian concerned. or dereliction of duty. Resignation of elective local officials shall be deemed effective only upon acceptance by the following authorities: a. and mayors and vice mayors of highly urbanized cities and independent component cities. 11. Any elective local official may be the subject of a recall election only once during his term of office for loss of confidence. The President. in case of barangay officials. Grievance Procedure (§83. ii. ●Limitations on Recall: 1. c. vice governors. and d. iv. oppression. ●The elective local official sought to be recalled shall not be allowed to resign while the recall process is in progress. b. whose decision shall be final and executory. and no preventive suspension shall be imposed prior to the 90-day period immediately preceding local election. The city or municipal mayor. Application for. ●Recall shall be effective upon the election and proclamation of successor receiving the highest number of votes. no investigation shall be held within 90 days immediately prior to any local election. 9. 2. vi.A. Dishonesty. vii. resolve or settle complaints and grievances presented by local government employees. c. 7160) 10. v. suspended. it shall be deemed automatically lifted upon the start of aforesaid period.A. Preventive Suspension . Unauthorized absence for 15 consecutive working days. except in the case of members of the sangguniang panlalawigan. d. in case of municipal mayors and vice mayors. shall require the respondent to submit his verified answer within 15 days from receipt thereof. For all other local elective officials. ●Effectivity: c. Upon the lapse of the aforesaid period. the Office of the President or the sanggunian concerned as the case may be. the Comelec or its duly authorized representative shall announce the acceptance of candidates to the position and thereafter prepare the list of candidates which shall include the name of the official sought to be recalled. foreign citizenship or residence or the statusì Elective barangay officials. such hearing and investigation shall be conducted in the place where he renders or holds office. Notice of Hearing (§62.21 ii. Resignation takes effect upon acceptance. iii. the venue shall be the place where the sanggunian concerned is located.A. shall be filed before the sangguiniang panlungsod or sangguniang bayan concerned. misconduct in office. for the purpose of verifying the authenticity and genuineness of the petition and the required percentage of voters. and commence the investigation of the case within 10 days after the receipt of such answer of the respondent.

By the President. R. i. R. the Office of the President or the sanggunian concerned shall render a decision in writing stating clearly an distinctly the facts and the reasons for such decision. After the issues are joined. no. nor shall said penalty be a bar to the candidacy of the respondent as long as he meets the qualifications required for the office. there is great probability that the continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence. Given the gravity of the offense. the respondent shall be deemed reinstated in office without prejudice to the continuation of the proceedings against him. c. provided that the successive service of the sentence should not exceed the unexpired portion of the term of the petitioners. When the evidence of guilt is strong. or a period of 6 months for every administrative offense. When may be imposed: Preventive suspension may be imposed at any time: a. Salary of respondent pending suspension (§64. 1995). Guingona. Within 30 days after the end of the investigation. 6770. G. 7160) The respondent official preventively suspended from office shall receive no salary or compensation during such suspension. if the respondent is an elective official of a province. Case: The Supreme Court upheld the imposition of the administrative penalty of suspension of not more than 6 months for each offense. b. and to require the attendance of witnesses and the production of documentary evidence in his favor through compulsory process of subpoena or subpoena duces tecum. he was deemed to have waived his right to answer and to present evidence. Rights of respondent (§65.A. inasmuch as the Secretary found that the evidence of guilt was strong and that continuance in office could influence the witnesses and pose a threat to the safety and integrity of the evidence against him (Joson vs. the same law authorizes a preventive suspension of six months (Hagad vs. 257 SCRA 55). ●Any abuse of the exercise of the power of preventive suspension shall be penalized as abuse of authority. upon subsequent exoneration and reinstatement. By the mayor. g. pursuant to R. 108072. 7160) The investigation of the case shall be terminated within 90 days from the start thereof. to confront and cross-examine the witnesses against him. e. 2. 7160) The respondent shall be accorded full opportunity to appear and defend himself in person or by counsel. Gozo-Dadole. and it was proper for the Executive Secretary to suspend him. if the respondent is an elective official of the barangay. a highly urbanized or an independent component city. 12.A. 290 SCRA 279). which shall be terminated within 120 days from the time he was formally notified of the case against him. he cannot be suspended for more than 90 days within a single year on the same ground or grounds existing and known at the time of the first suspension. . Form and notice of decision (§66a. Penalty The penalty of suspension imposed upon the respondent shall not exceed his unexpired term. But the penalty of removal from office as a result of an administrative investigation shall be a bar to the candidacy of the respondent for any elective position. By the governor.22 1. Torres. The suspension did not amount to removal from office (Salalima vs. Who may impose: a. the issues were deemed joined. if the respondent is an elective local official of a component city or municipality. Suspended elective official when deemed reinstated Upon expiration of the preventive suspension.A. ●Provided that any single preventive suspension shall not extend beyond 60 days. The authority to preventively suspend is exercised concurrently by the Ombudsman. Dec. Case: When the petitioner failed to file his answer despite the many opportunities given to him. and in the event several administrative cases are filed against the respondent. At that point. he shall be paid full salary or compensation including such emoluments accruing during such suspension. but. Copy of said decision shall immediately be furnished the respondent and all interested parties.R.A. and c. h. R. f. b.

Administrative appeal. But in Berces vs. because under §471 of the Local Government Code. q. Presidential power to grant executive clemency m. s. Execution pending appeal An appeal shall not prevent a decision from being executed. f. Executive Secretary. 255 SCRA 616). 291 SCRA 322). Responsibility for human resources and development. b. 2.. 7160) a. l. Provided that the local chief executive may employ emergency or casual employees or laborers paid on a daily wage or piecework basis and hired through job orders for local projects authorized by the sanggunian concerned. Case: The Supreme Court ruled that certiorari will not lie because there is still an adequate remedy available in the ordinary course of law. Reyes. i. the Supreme Court pointed out that Administrative Order No. m. k. A. o. although other officials of the barangay may be appointed by the punong barangay. n.The local chief executive shall be responsible for human resources and development in his unit and shall take all personnel actions in accordance with the Constitution. Decisions of the Office of the President shall be final and executory. i. the mandated appointive officials are the Barangay Secretary and the Barangay Treasurer. . Secretary to the Sanggunian Treasurer Assessor Accountant Budget Officer Planning and Development Coordinator Engineer Health Officer Civil Registrar Administrator Legal Officer Agriculturist Social Welfare and Development Officer Environment and Natural Resources Officer Architect Information Officer Cooperatives Officer Population Officer Veterinarian General Services Officer NOTE: ●In the barangay. it is the Secretary of Finance who has the power to appoint Assistant Provincial Treasurers from a list of recommendees of the Provincial Governor (Dimaandal vs. The sangguniang panlalawigan. j. ii.e. e. Effect of re-election The re-election of a local official bars the continuation of the administrative case against him. k. be appealed to: i.O. Case: But the Provincial Governor is without authority to designate the petitioner as Assistant Provincial Treasurer for Administration. Commission on Audit. 241 SCRA 539.A. Appointive Local Officials 1. appeal of the decision of the Sangguniang Panlalawigan to the Office of the President (Malinao vs. C.Decisions may. 18 was not repealed by the Local Government Code. including such policies. pertinent laws. c. r. Officials common to all Municipalities. d. The Office of the President. R. No. in the case of decisions of the sangguniang panlalawigan and the sangguniang panlungsod of highly urbanized cities and independent component cities. 18 authorizes the Office of the President to stay the execution of a decision pending appeal. without need of approval or attestation by the CSC as long as the said employment shall not exceed 6 months. guidelines and standards as the Civil Service Commission may establish. in the case of decisions of component cities’ sangguniang panlungsod and the sangguiniang bayan. t. l. g. Cities and Provinces (§469-490. within 30 days from receipt thereof. the respondent shall be considered as having been placed under preventive suspension during the pendency of the appeal.23 j. h. p.

It is the legal process whereby the registered voters of a local government unit may directly propose. and 30 days (in case of barangays) from the date of certification by the Comelec. The initiative shall be held on the date set after which the results thereof shall be certified and proclaimed by the Comelec. Proponents shall have 90 days (in case of provinces and cities). his decision shall be final. fine in an amount not exceeding 6 months’ salary or reprimand. it shall take effect 15 days after the certification by the Comelec as if affirmative action had been taken thereon by the sanggunian and the local chief executive concerned. On local initiative: i. demotion in rank. cities. and in the presence of a representative of the proponent and a representative of the sanggunian concerned in a public place in the local government unit. If no favorable action is taken by the sanggunian concerned within 30 days from presentation. Upon the lapse of the period. and 50 in case of barangays. municipalities and barangays 2.000 registered voters in case of provinces and cities. c. Procedure: a. through their duly authorized and registered representatives.24 3. the decision shall be appealable to the Civil Service Commission which shall decide the appeal within 30 days from receipt thereof. if the penalty imposed is heavier. repeal or amendment of an ordinance. Preventive suspension. h. a. starting from Roman numeral I. the Comelec shall set a date for the initiative during which the proposition is submitted to the registered voters in the local government unit for their approval within 60 days (in case of provinces). f. enactment. ii. the proponents. If the required number is obtained. 45 days (in case of municipalities). the Comelec shall certify as to whether or not the required number of signatures has been obtained. e. Administrative discipline Investigation and adjudication of administrative complaints against appointive local officials and employees as well as their suspension and removal shall be in accordance with the civil service law and rules and other pertinent laws. 1. d. Failure to obtain the required number of signatures defeats the proposition. VII.Except as otherwise provided by law. The Comelec or its designated representative shall extend assistance in the formulation of the proposition. may invoke their power of initiative. or if there is reason to believe that the respondent is guilty of the charges which would warrant his removal from the service. It may be exercised by all registered voters of the provinces. b. giving notice thereof to the sanggunian concerned. suspension for not more than 1 year without pay. the local chief executive may impose the penalty of removal from service. 60 days (in case of municipalities) and 30 days (in case of barangays) from notice mentioned in (b) to collect the required number of signatures. oppression or grave misconduct or neglect in the performance of duty. Disciplinary Action. . 3. Initiative shall extend only to subjects or matters which are within the legal powers of the sanggunian to enact. b. Two or more propositions may be submitted in an initiative. g. The power of local initiative shall not be exercised more than once a year. Not less than 2.The local chief executive may preventively suspend for a period not exceeding 60 days any subordinate official or employee under his authority pending investigation if the charge against such official or employee involves dishonesty. Local Initiative 1. Limitations: a. LOCAL INITIATIVE AND REFERENDUM A. The petition shall be signed before the election registrar or his designated representatives. If the proposition is approved by a majority of the votes cast.000 registered voters in the region. 100 voters in case of municipalities. may file a petition with the sanggunian concerned proposing the adoption. enact or amend any ordinance. The proposition shall be numbered serially. If the penalty imposed is suspension without pay for not more than 30 days. Defined.

a. B. The local referendum shall be held under the control and direction of the Comelec within 60 days (in case of provinces). 4. and other appointive local officials. Authority of Courts. The Barangay Assembly There shall be a barangay assembly composed of all persons who are actual residents of the barangay for at least 6 months. amend or reject any ordinance enacted by the sanggunian. the sangguniang kabataan chairman. 7160. shall be deemed as agents of persons in authority.It is the legal process whereby the registered voters of the local government units may approve. Hear and pass upon the semestral report of the sangguniang barangay concerning its activities and finances. R. if they so desire. It shall meet at least twice a year to hear and discuss the semestral report of the sangguniang barangay concerning its activities and finances. Chief Officials and Offices a. a barangay secretary and a barangay treasurer. 15 years of age or over.25 iii. Katarungang Pambarangay a. the initiative shall be cancelled. The sangguniang barangay may form community brigades and create such other positions or offices as may be deemed necessary to carry out the purposes of the barangay government. and the members of the lupong tagapamayapa in each barangay shall be deemed as persons in authority in their jurisdiction. modified or amended by the sanggunian within 6 months from the date of approval thereof. b. modified or repealed within 3 years thereafter by a vote of ¾ of all its members. VIII. . protection and security of life and property. sangguniang barangay members. There shall be in each barangay a punong baranagy. ii. C. or the maintenance of a desirable and balanced environment. The Barangay 1. The Comelec shall certify and proclaim the results of the said referendum. For purposes of the Revised Penal Code. apply for initiative in the manner herein provided. LOCAL GOVERNMENT UNITS A. 45 days (in case of municipalities) and 30 days (in case of barangays). and iii. In case of barangays. and any barangay member who comes to the aid of persons in authority. On the sanggunian: Any proposition or ordinance approved through an initiative and referendum shall not be repealed. §389 (b)5). 2. There shall also be in every barangay a lupong tagapamayapa. Powers of the Barangay Assembly: i. composed of the punong barangay as chairman and 10 to 20 members. c. The Lupon shall be constituted every 3 years. as well as problems affecting the barangay. while other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order. the punong barangay. Lupong Tagapamayapa There is hereby created in each barangay a lupong tagapamayapa. provides that the punong barangay shall. appoint or replace the barangay treasurer. upon approval by a majority of all the members of the Sangguniang Barangay. b. Defined. seven (7) sangguniang barangay members. enact or amend any ordinance.Nothing in the foregoing shall preclude the proper courts from declaring null and void any proposition approved pursuant hereto for violation of the Constitution or want of capacity of the sanggunian concerned to enact said measure. and duly registered in the list of barangay assembly members.A. the barangay secretary. Local referendum: 3. the period shall be 18 months after the approval thereof. However. the sanggunian concerned adopts in toto the proposition presented and the local chief executive approves the same. those against such action may. citizens of the Philippines. and may be amended. Initiate legislative processes by recommending to the sangguniang barangay the adoption of measures for the welfare of the barangay and the city or municipality concerned. 3. Decide on the adoption of initiative as a legal process whereby the registered voters of the barangay may directly propose. If at any time before the initiative is held.

Pangkat ng Tagapagkasundo There shall be constituted for each dispute brought before the lupon a conciliation panel to be known as the pangkat ng tagapagkasundo. the pambayang pederasyon.000. Case: Where the Supreme Court held that Sec. v. Where one party is the government or any subdivision or instrumentality thereof. In special metropolitan political subdivisions. Liga ng mga Barangay. C. and the dispute relates to the performance of his official functions. is valid. or at the call of the sanggunian kabataan chairman. B. Subject matter of amicable settlement: The Lupon of each barangay shall have authority to bring together the parties actually residing in the same city or municipality for amicable settlement of all disputes except. pangmetropolitang pederasyon. Creation. vi. panlungsod na pederasyon. Exercise administrative supervision over the conciliation panels. and does not constitute an irregular delegation of power (Viola vs. Where the dispute involves real properties located in different cities or municipalities unless the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon. or upon written petition of at least 1/20 of its members. who are 15 but not more than 21 years of age. In provinces. No.Organization of all barangays for the primary purpose of determining the representation of the Liga in the sanggunians.A. iii. D. a secretary and a treasurer. On the national level. composition: There shall be in every barangay a sangguniang kabataan to be composed of a chairman. shall have passed the age of 21 shall be allowed to serve the remaining portion of the term for which he was elected. R. Sangguniang Kabataan: a.R. through proper and legal means. It shall meet once every 3 months. Should the parties fail to agree on the pangkat membership. 1997) . E. who are duly registered in the list of the sangguniang kabataan or in the official list in the custody of the barangay secretary. Pederasyon ng mga sangguniang kabataan: There shall be an organization of all the pederasyon ng mga sangguniang kabataan: i. and iii. c.26 b.00. c. G. pambansang pederasyon. Offenses punishable by imprisonment exceeding one (1) year or a fine of P5. In municipalities. Katipunan ng Kabataan: Shall be compsed of all citizens of the Philippines actually residing in the barangay for at least 6 months. i. and to enable various conciliation panel members to share with one another their observations and experiences in effecting speedy resolution of disputes. Such other classes of disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice. Disputes involving parties who actually reside in barangays of different cities or municipalities. ii. In cities. vii. articulating and crystallizing issues affecting barangay government administration and securing. during his term of office. ii. iv. consisting of 3 members who shall be chosen by the parties to the dispute from the list of members of the lupon. Where one party is a public officer or employee. ii. Alunan. iii. b. iv. d. Offenses where there is no private offended party. and for ventilating. 115844. solutions thereto. An official who. panlalawigang pederasyon. The Municipality The City The Province Leagues of Local Government Units/Officials: 1. seven members. August 15. Meet regularly once a month to provide a forum for exchange of ideas among its members and the public of matters relevant to the amicable settlement of disputes. 4. v. Powers of the Lupon: i. 493. except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon. which empowers the Liga to “create such other positions as may be deemed necessary”. the same shall be determined by lots drawn by the lupon chairman. Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. 7160.

. solutions thereto.Organized for the primary purpose of ventilating. articulating and crystallizing issues affecting municipal governments administration. through proper and legal means. League of Municipalities.27 2. and securing.

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