LOCAL GOVERNMENT LAW PART | - GENERAL PRINCIPLES A. Corporation + 1. Definition © Anartificial 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 + 2.Classification ‘© Classification of corporations according to purpose: * a, Public ~ is a corporation that Is created by the state, either by general or special act, for purposes of administration of local government or rendering of service in the public interest. Private — formed for some private purpose, benefit, aim or end +3. Public and Private Corporations, distinguished ‘© Public— organized for the government of a portion of the state ‘© Private — formed for some private purpose, benefit, aim or end + 4. Public Corporation, classified © Classes of public corporations: + 1. Quasi-public corporation ~ created by the state for a narrow or limited purpose; a private corporation created pursuant to the Corporation Code that renders public service or supplies public wants = Examples: Public utility companies, electric companies, water districts, telecommunication companies ii, Real public corporation/Municipal corporation — a body politic and corporate constituted by the incorporation of the inhabitants for the purpose of local government + 5. Municipal corporation, defined © Perception of local governments: A local government is not only a municipal corporation, meaning we don’t look at it as an entity or a corporation that is clothed with a personality. I's also perceived as either political subdivision or a territorial subdivision, If we talk about political subdivision, then we look at local governments as ‘agents of the national governments and therefore, tasked to perform certain government functions. tf we talk about territorial subdivision, we look at it asa place.5. Municipal corporation, defined ‘© Perception of local governments: A local government is not only a municipal corporation, meaning we don’t look at it as an entity or 2 corporation that is clothed with a personality. It’s also perceived as either political subdivision or a territorial subdivision. * If we talk about political subdivision, then we look at local governments as agents of the national governments and therefore, tasked to perform certain, government functions. * If wettalk about territorial subdivision, we look at it as a piace. Basis: Sec. 1 Art. 10 Consti - The territorial and political subdivisions of the Republic of the Philigpines are the provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided. B, Municipal Corporations + 1. Elements 4, Legal creation or incorporation ~ the law creating or authorizing the creation or incorporation of a municipal corporation; the law that established the Igu, either by statute or ordinance in the case of barangays © b. Corporate name —the name by which the corporation shall be known Example: City of Cebu (Basis - the charter) + Sec. 13 — The sangguniang ponlolawigan may, in consultetion with the Philippine Historical Institute, change the name of component cities and ‘municipalities, upon the recommendation of the sanggunian concerned; provided thot the same shall be effective only upon ratification in a plebiscite ‘conducted for the purpose in the political unit directly affected. ©. c:lnhabitants ~ the people residing in the territory of the corporation © Territory — the land mass where the Inhabitants reside, together with the internal ‘and external waters, and the air space above the land and waters. - 2. Dual Nature and Functions © [thas dual functions, namely: =, Public or governmental or political -It acts as an agent of the state for the government of the territory and the inhabitants: this Involves the