07/17/2021 (1st Meeting)
- 1. Liability for its acts and those of their
1. Public corporation is also known in the
Philippines as? - LGUs
2. Local government units are primarily
governed by? - local government code (R.A.
7610)
3. It is patterned to? - US
4. What is the effect if we patterned it? -
Applicable in the PH
Effect: it becomes part of our legal system
5. What is a local government unit?
- A body politic and corporate,
endowed with powers as a political
subdivision of the nat’l gov’t and as a
corporate entity representing the
inhabitants of its territory
6. Corporate entity represents? What kind of
function?
- Corporate function
7. What are the 2 functions?
- Governmental: Exercised in
administering powers of the State
and promoting public welfare
- Corporate: For the special benefit
and advantage of the community
Importance of the Distinction of these
Functions
- 1. Liability for its acts and those of their
officers
- 2. Extent of legislative control over the
same
8. What is endowed with power as a political
subdivision?
- LGU
9. Why is it important to know the function of
Local Government Units?
officers
- 2. Extent of legislative control over
the same
10. Why is it important to distinguish these
function?
11. General rule when LGUs exercise its
functions?
12. Kinds of LGUs? - Barangays, Provinces,
Municipalities, Cities
13. How is local autonomy achieved?
14. What is decentralization? - conferred
powers, local autonomy (administrative
autonomy & fiscal autonomy)
15. Why fiscal autonomy if need to propose
to congress? - power to create their own
sources of revenue
16. Purpose of policy of LGUs Local
Autonomy? - Section 2
- to attain their fullest development as
self-reliant communities and make
them more effective partners in the
attainment of national goals
17. What is decentralization? Sec 3
18, Does National still have power over
local gov’t? - yes, general supervision
19. What is the extent of the power of the
president? - general supervision
20. What can the president do? - Make sure
the LGUs are acting in accordance with the
law
21. Difference bet. Devolution and
decentralization?
- Devolution: transfer of ‘natural
resource management to local
individuals and institutions located
within and outside of government
- Decentralization: transfer of powers
from central government to lower
levels
22. Take note of Romulo vs. Batangas
23. Mechanisms to ensure accountability?
- Section 2, through the following:
- Recall
- Initiative
- Referendum
24. Define:
- Initiative - legal process whereby
the registered voters of a local
government unit may directly
propose, enact, or amend any
ordinance
- Referendum - process of referring
to the electorate for approval of a
proposed new state constitution
or amendment or if a law passed
by the legislature.
- Recall - mode of removal of a
public officer by the people before
the end of his term of office
- See Chapter 5 of the LGC
25. Who has the power to appoint and
remove officials of LGUs? - Local Chief
Executive
26. Who is the Local Chief Executive?
- Mayor: Municipalities
- Governor: Provinces
- Barangay Captain: Barangays
27. Power to appoint and remove officials
and employees?
- GR: Local Chief Executive (power
to appoint includes power to remove)
Exceptions: As otherwise provided by law
28. Exceptions on power to appoint?
- Barangay treasurer
- Barangay secretary
- Other appointive barangay officials
29. Merit and Fitness Rule - Appointments
by Local Chief Executives shall only be
made according to merit and fitness to be
determined as practicable by competitive
examination. (Ganto nyo sagutin to kasi
ipapaulit nya)
30. Is it absolute? - No.
31. Exceptions to the Merit and Fitness
Rule?
- Policy determining
- (public officer is vested with
power to formulate policies)
- Primarily confidential
- (requires close intimacy)
- Highly technical
- (required to possess skills of
superior degree)
32. True or False. Funds of local
government units come from the sources
they create???
- False
- Equitable share in the proceeds of the
national wealth
- National taxes - imposed by the national
internal revenue code
33. Automatic right to get funding from the
national gov’t? - equitable share in the
proceeds of the national wealth and
National Taxes (IRA)
34. What is NAtional wealth? - Natural
resources found in the LGUs
35. Scope of application of the Code? - Sec.
4 organized.
36. Are autonomous regions covered by the
code?
- No, its scope is limited to the ff (Sec.
4)
- Provinces
- Cities
- Municipalities
- Barangays
- And other political
subdivisions as may be
created by law
37. Who has the authority to create LGUs?
- National Legislature in all cases
(kasama barangays)
38. T or F All LGUs were created only by
Law or Ordinance?
- False
- because there are municipalities
that exist without the act of law or ordinance
- Sec. 442 transitory provision
39. Why?
- There are existing LGUs not
created by law or ordinances
40. De facto municipal corporation -
consent of the state is implied rather than
expressed, by the general consent to that
kind of corporation, even though the
conditions of incorporation are not
substantially complied with.
41. Requisites of a De Facto Municipal
Corporation:
The general rule is that in order to
be a de facto municipal corporation there
must be:
(a) a charter of general law under
which such a corporation as it
purports to be might lawfully be
(b) an attempted compliance in
good faith with the requirements of
the statue as to incorporation.
(c) a colorable compliance with the
statutory requirements; and
(d) an assumption of corporate
powers.
42. Indicators that determine the kind of
LGU that may be created? - Sec. 7 (Land
area, population, Income) Explain each.
43. Are they mere permissive (v.
mandatory( provisions?
- No. Have to meet the minimum
requirements to be an LGU
- Mandatory
44. What is Contiguous (Sa land area to)
- the land within the territory must
touch or adjoin one another in a
reasonably substantial physical
sense
45. Purpose of the metes-and-bounds
requirement?
- The boundaries must be clear for
they define the limits of the
territorial jurisdiction of a local
government unit
- It can legitimately exercise powers
of government only within the
limits of its territorial jurisdiction
- Any uncertainty in the boundaries of
local government units will sow
costly conflicts in the exercise of
the government power which will
prejudice people’s welfare
46. What happens if they exercise their
powers outside of their jurisdiction?
- kasi need pa ng certain law para maabolish
47. Effect of boundaries between and
among boundaries of LGUs are uncertain?
- Any uncertainty in the boundaries of
local government units will sow
costly conflicts in the exercise of
the government power which will
prejudice people’s welfare
48. City of Pasig vs Comelec (Recite)
49. What are the limitations in the division
and mergers of LGUs?
- Provided however, That such
division shall not reduce the
income, population, or land area
of the local government unit or units
concerned to less than the
minimum requirements
prescribed
- Provided, further, That the income
classification of the original local
government unit or units shall not
fall below its current income
classification prior to such division.
50. What is a merger and consolidation?
The ‘merger’ of LGUs into a new LGU, or SMPS or AR is
basically a legislative function. However, the creation of
‘administrative regions’ is traditionally an executive
function being essentially part of the supervisory power
of the President over LGUs.
51. Less than minimum requirements in
land and population is ground to abolish?
False, why? There is no need to consider the land
area, since under the LGC, the proposed city must
comply with requirements as regards income, and
population OR land area. (samson case)
52. T or F. Reversible ba yung ground for
abolishment??? Tama ba??? Ata siz??? Ay
wait parang ang tanong is pag di nameet,
automatically abolished na ba??? False ata
53. Sarangani vs. Comelec (Recite)
54. Rules of interpretation as provided
under the code? - Sec. 5
55. Explain the plebiscite requirement - Sec.
10
approved by a majority of the votes cast in a
plebiscite called for the purpose in the
political unit or units directly affected. Said
plebiscite shall be conducted by the
Commission on Elections (Comelec) within
one hundred twenty (120) days from the
date of effectivity of the law or ordinance
effecting such action, unless said law or
ordinance fixes another date.
56. When should it be held?
57. What is “Political Units Affected”?
Residents of the political entity that would
be economically dislocated by the
separation of a portion thereof.
58. Padilla vs. Comelec (Recite)
59. Tobias vs. Abalos (Recite)
60. Where shall the Seat of local gov’t be?
- Location or site specified by the
charter/ordinance creating the LGU
61. Requirements to transfer the seat of the
LGU? - Sec. 11
factors relating to geographical centrality,
accessibility, availability of transportation
and communication facilities, drainage and
sanitation, development and economic
progress, and other relevant considerations
shall be taken into account.
*Where - included/specified in the
law/ordinance
 2. What is “proceeds of national
62. What are the valid reasons? wealth”? Gross revenue derived by
When conditions and developments in the the national gov’t through direct
local government unit concerned have commercial utilization and
significantly changed subsequent to the development of natural resources
establishment of the seat of government, within the territory of the lgu by
gov’t-owned or controlled corps
63. What happens to the old site? - Sec. 11 or agencies or by through
The old site, together with the taxation of private enterprises
improvements thereon, may be disposed of 3. Republic of the PH vs. Palawan
by sale or lease or converted to such other (Recite)
use as the Sanggunian concerned may 4. Who are the parties to PH vs.
deem beneficial to the local government unit Palawan? (then continue to recite
concerned and its inhabitants. the case) - REPUBLIC OF THE
PHILIPPINES, REPRESENTED
64. T or F, Failure to specify the seat is fatal BY RAPHAEL P.M. LOTILLA,
to its creation? - False bc. Failure to specify SECRETARY, DEPARTMENT
will not invalidate bc LGU can specify one
OF ENERGY (DOE),
after its creation
MARGARITO B. TEVES,
65. Samson vs. Agguire (recite) SECRETARY, DEPARTMENT
OF FINANCE (DOF), AND
66. T or F LGUs have Police Power? - True ROMULO L. NERI,
SECRETARY, DEPARTMENT
67. T or F is it inherent in nature? - False, OF BUDGET AND
can only be validly delegated by Congress MANAGEMENT (DBM),
PETITIONERS, VS.
68. Binay vs. Domingo (recite) PROVINCIAL GOVERNMENT
OF PALAWAN,REPRESENTED
69. Tatel vs. Virac (Recite)
BY GOVERNOR ABRAHAM
KAHLIL B. MITRA,
70. What happens of the LGUs cannot
provide adequate facilities to its people? RESPONDENT
- Ask from the national government 5. True or False: Local government
units have the inherent power of
71. T/F LGUs have no power or control over eminent domain?
projects funded by the national a. False. No inherent power
government? only when expressly
authorized by the
--------------------------------------------------- legislature.
07/24/2021 b. Delegation of such power:
1. Powers of local government unit already delegated by the
that gives them fiscal autonomy LGC
a. 6. Requirements before an LGU can
exercise power of eminent domain
 a. Enactment of an ordinance distributed to agrarian
by the local legislative reform beneficiaries (Sec.
council, authorizing the local 20 [a][3])
chief executive to exercise 13. Requirements for classification
such power 14. Limitations of re classification
b. Power must be exercised for a. For highly urbanized and
public use, purpose, or independent component
welfare cities, fifteen percent (15%)
b. For component cities and
c. Payment of just
first to third class
compensation, and municipalities, ten percent
d. Valid and definite offer (10%)
made to the owner AND was c. For fourth to sixth class
NOT ACCEPTED municipalities, five percent
7. Deposit requirement required at all (5%): Provided, further,
times? That agricultural lands
distributed to agrarian
a. not always necessary (Sec.
reform beneficiaries
19) pursuant to Republic Act
b. Only when there is Numbered Sixty-six
immediate possession hundred fifty-seven (R.A.
8. How shall the 15% deposit be No. 6657), otherwise
applied? (2 scenarios) known as "The
a. Prepayment if the Comprehensive Agrarian
Reform Law", shall not be
expropriation succeeds
affected by the said
b. Indemnity for damages reclassification and the
9. True or False: Withdrawal of deposit conversion of such lands
by the property owner amounts to into other purposes shall
his consent to the expropriation be governed by Section 65
proceedings????? Sorry huhu of said Act.
a. The owner’s withdrawal of 15. Are the limitations absolute?
the deposit that the City a. Nope
made DOES NOT amount to b. (Sec. 20) The President
may, when public interest
a waiver of the defenses
so requires and upon
raised against expropriation recommendation of the
10. Degree of Necessity = absolute National Economic and
necessity???? Development Authority,
a. False. Not absolute authorize a city or
b. Must only be reasonable + municipality to reclassify
practicable necessity lands in excess of the
limits set in the next
11. T or F: All local government units
preceding paragraph.
have the power to reclassify lands. c.
a. false (city or municipality 16. Any other exceptions?
only) 17. True or false: Closure of local roads
12. Involves all kinds of lands? requires the passage of an
a. Except agricultural lands ordinance?
 a. False
b. There is an instance when
the closure does not need
an ordinance = temporary
closure
18. Why false?
19. What is necessary????
a. Temporary(?)
20. What kind of closure? - temporary
21. In temporary closure written order
lang need??
a. No. sec. 21 (d), ordinance
22. Another exception
23. Duration of temporary closure?
a. Must not exceed 9 days
b. To be determined in the
written order of the LEC
24. T or F. Closure of roads require ⅔ of
the sanggunian
a. True. Permanent closure
25. True or False: Adequate substitute
in case of permanent closure of
roads?
26. When is an adequate substitute
absolutely necessary?
27. Purpose of permanent closure - for
the sole purpose of withdrawing
the property from public use
28. LGUs are immune from suit
a. False
b. Municipal corporations
likewise enjoy sovereign
immunity from suit when
they are engaged in
governmental functions but
not for proprietary functions.
29. Suability vs. Liability
S - ability to sue and be sued; it is
the result of the express or
implied consent of the State to be
sued.
L - determined after hearing on
the basis of relevant laws and
established facts
30. LGUs may not be held accountable
in performing in its governmental
capacity - false
31. Governmental and not proprietary -
can still be held accountable
32. Doctrine of implied municipal liability
- applies to all cases where
money or property of a party is
received under circumstances
that the general law, independent
of an express contract, implies an
obligation to do justice with
respect to the same.
33. Why is the president’s power limited
to general supervision? - principle
of local autonomy
34. How does he exercise his power?
a. Only to the extent of
overseeing that the LGUs
lawfully administer the
powers delegated to them,
but not power to change
the actions/administration
at all
35. True or false: National government
agencies are required to consult
local government units
a. false
36. Because?
a. consultation only required
when…. (see 27.1 sa notes)
37. Effect of failure to consult
a. Project’s implementation is
illegal
38. Qualifications of elective local
officials
a. Sec. 39 (a)
i. citizen of the
Philippines
ii. registered voter in
the barangay,
municipality, city, or
province or, in the
case of a member of
 the sangguniang
panlalawigan,
sangguniang
panlungsod, or
sangguniang bayan,
the district where he
intends to be elected
iii. a resident therein for
at least one (1) year
immediately
preceding the day of
the election
iv. and able to read and
write Filipino or any
other local language
or dialect
39. Qualifications required only on
election date?
a. false. Continuing
requirement
40. How many votes are required for a
candidate to win?
a. Majority
41. What is meant by the residence
requirement?
a. Domicile/legal residence
b. The place where a party
actually or constructively
has his permanent home,
where he. NO MATTER
WHERE HE MAY BE
FOUND AT ANY GIVEN
TIME, eventually INTENDS
TO RETURN AND REMAIN
(ANIMUS MANENDI)
42. Kinds of domicile
Domicile of Origin- Domicile of
parents of a person at the time he
was born
Domicile of choice - domicile
chosen by a person
43. Purpose of the residence
requirement - Law intends to
PREVENT THE POSSIBILITY OF A
STRANGER UNACQUAINTED
WITH THE NEEDS OF A
COMMUNITY and not identified
with the latter from seeking an
elective office to serve that
community
44. T or F: the fact that a candidate has
no property in the locality where he
intends to run means that he is not a
resident?
a. False. To possess property
= not a requirement
45. Coquilla vs. COMELEC (recite)
a. When did he return to the
PH? (1998, taking out a
resident certificate)
46. Disqualifications for running in local
elective office - SEC 40
47. T or F: List of disqualifications is
exclusive?
a. False
b. Other laws ombibus
election code, electoral
reforms act of 1987
48. Candidate who served his sentence
for more than 2 years is disqualified?
a. True. Sec. 40 (a)
49. What if granted of probation
a. Not barred from running
for a gov’t position
b. But a suspension of the
sentence given to him
c. Attachment of the
accessory penalty =
suspended = not
disqualified
50. Jalosjos vs. COMELEC (recite)
51. What is meant by “moral turpitude”?
- Is an act of BASENESS,
VILENESS OR DEPRAVITY in the
PRIVATE DUTIES which a man
OWES TO HIS FELLOW MEN, or
to society in general, CONTRARY
TO THE ACCEPTED AND
 CUSTOMARY RULE OF RIGHT 2. What is the term of office of Local
AND DUTY BETWEEN MAN AND Elective Officials?
WOMAN or CONTRARY TO a. Sec. 43. 3 years
JUSTICE, HONESTY, MODESTY 3. What is meant by “term”?
and GOOD MORALS a. Appari v. CA (2007)
52. Removal of office by administrative i. (In a legal sense)
case does not have the 2 year limit, means a fixed and
not ground for disqualification? definite period of time
a. Still a ground. Sec. 40 (b) ii. which the law
b. Absolute describes that an
53. What is meant by “dual-citizenship”? officer may hold an
a. (CDAsia) Arises when, as a office
result of the concurrent 4. Term v. Tenure
application of the different a. Term (CDAsia): The term
laws of two or more states, during which the
a person is simultaneously incumbent actually holds
considered a national by office.
the said states. b. Both can be the same
54. Is dual citizenship ground to c. Difference:
disqualify? - no, it’s dual allegiance i. Term: Fixed by law
55. What is dual allegiance? - situation ii. Tenure: Relative
in which a person simultaneously depending on the
owes, by some positive act, span of time during
loyalty to two or more states. It is the actual holding of
a result of an individual’s volition. office
56. Filing of COC terminates dual 5. What is the three term limit rule?
citizenship? The reason for this rule?
a. Filing of COC is an a. Reason: Prevent
application of PH circumvention of the three-
citizenship and therefore term limit
eliminates dual allegiance 6. A was elected as VM and mayor
57. Who is a fugitive from justice? - died, VM replaced mayor,
Includes not only those who flee subsequently elected after twice,
after conviction to avoid can he run again after that?
punishment but likewise who, a. Yes. Not voluntary
after being charged, flee to avoid renunciation dun sa una
persecution (padouble check ples)
___________________________________ b. (Angeles book) Since he
was not serving a term for
07/31/2021 which he was elected, he
1. When are Local Elections held? was simply continuing the
a. Sec. 42. every three (3) service of the official he
years on the second succeeded. So such
Monday of May official cannot be
 considered to have fully
served the term despite his
voluntary renunciation of
office prior to its expiration
7. Borja vs. COMELEC (recite)
8. Is the term limit rule absolute?
a. No. Involuntary severance
b. Under Sec 43(a) it does not
apply to barangay officials
whose length of term is
specifically provided under
Sec. 43(c) (?)
9. Preventive suspension amounts to
involuntary severance
a. No. Not “voluntary”
renunciation because
preventive suspension =
mandated by law
b. Preventive suspension =
interruption
10. Purpose of preventive suspension?
a. Sec. 63 LGC
b. (Gatbonton v. NLRC)
Preventive suspension is a
disciplinary measure for
the protection of the
company’s property
pending investigation of
any alleged malfeasance or
misfeasance committed by
the employee
11. When does this happen?
12. Effect of filing COC
a. (Angeles Book) an elective
official running for an
office other than the one
which he is actually
holding shall be
considered resigned from
the moment of filing his
COC
b. Considered a candidate (?)
13. Rules of succession in case of
permanent vacancy
a. Sec. 44
14. What is “next ranking”
(sanggunian)?
a. Determined by the
proportion of votes
obtained by each winning
candidate to the total
number of registered
voters
b. Not the total number of
voters actually voted
15. All permanent vacancies shall follow
the rules provided in sec. 44
a. False, why?
b. Sec. 45. Permanent
vacancies in the
sanggunian
c. They can also be
appointed, not only by
automatic succession
d. Appointments: Sec. 45 (a)
(1-3)
16. Why is there no distinction in
sangguniang barangay?
a. Bec they are prohibited to
form political parties
17. What happens if there’s a tie
amongst the highest sanggunian
members?
a. Sec. 44. (c) A tie between
or among the highest
ranking sanggunian
members shall be resolved
by the drawing of lots.
18. Sec. 44 does not apply to
sanggunian members?
a. Sec. 44 (c). It does, in case
of a tie
19. In case of tie?
a. Drawing of lots sec 44
20. How about the successors?
a. serve only the unexpired
term
21. Meant by vacancy?
 a. There is vacancy when such position
there is no person lawfully c. The lone candidate shall be
authorized at present to proclaimed elected to the
assume and exercise the position by the proper
duties of the office proclaiming body of
22. Instances of permanent vacancy? COMELEC
a. There is permanent d. Upon certification by
vacancy when an elective COMELEC that he is the
local official only candidate for the
i. Fills a higher vacant office
office 25. Rules of temporary vacancy in the
ii. Refuses to assume office of local chief executive
office a. Sec. 46
iii. Fails to qualify 26. If the governor was temporarily
iv. Dies incapaciatated since january 1, may
v. Removed from the vice-governor exercise the
office power to dismiss, appoint etc on
vi. Voluntarily resigns january 31?
vii. Otherwise a. no, holiday jan 1 ihhhhh
permanently tas weekendsz puh
incapacitated to 27. Temporarily incapacity ceases when
discharge the reasons for such ceases?
functions of his a. falsez
office 28. When the local chief executive may
23. How do you determine the ranking of appoint an OIC
sanggunian a. DEFAULT RULE: Sec. 46.
a. Determined by the Due to physical/legal
proportion of votes reasons such as but not
obtained by each winning limited to:
candidate to the total i. Leave of absence
number of registered ii. Travel abroad
voters iii. And suspension
b. Not the total number of from office
voters actually voted 29. Failure to authorize?
24. Lone candidate rule a. sec 46(d) The city or
a. RA 8295 provides for the municipal vice-mayor, or
proclamation of a lone the highest ranking
candidate in a special Sangguniang Barangay
election called to fill the member, as the case may
vacancy for a position be, shall have the right to
other than the Presidency assume the powers, duties,
or Vice-Presidency and functions of the said
b. Where there is only one office on the fourth (4th)
qualified candidate for day of absence of the said
 local chief executive,
subject to the limitations
provided in subsection (c)
hereof.
30. When secretary of DILG may
appoint local elective official?
a. (46.4 sa notes) When there
is hiatus in and paralysis
of local gov’t operations
31. When does this happen?
32. Who exercise local legislative power
- sec 48 - sanggunian members
a. by the Sangguniang
Panlalawigan for the
province; the Sangguniang
Panlungsod for the city;
the Sangguniang bayan for
the municipality; and the
Sangguniang Barangay for
the Barangay.
33. Contempt + subpoena powers =
within the powers of sanggunian?
a. No. Cannot be implied and
must be expressly stated
34. Preside the session of sanggunian
a. Sec. 49
The vice-governor shall be
the presiding officer of the
sangguniang
panlalawigan;
the city vice-mayor, of the
sangguniang panlungsod;
the municipal vice-mayor,
of the sangguniang bayan;
and the punong barangay,
of the sangguniang
barangay. The presiding
officer shall vote only to
break a tie.
35. What happens if unable to preside?
a. [49(b)] The members
present must elect among
themselves a temporary
presiding officer
36. When shall the sangguinan
update/adopt the rules of
procedure?
a. Sec. 50
37. Within 90 days no other transaction
allowed?
a. false ata
b. (50.4) Sec 50 and 52 of the
Code does not mean that
no other business may be
transacted on the first
regular session except to
take up the matter
adopting or updating the
rules
c. Business transactions
allowed:
i. business and
financial interest
ii. professional
relationship
iii. relationships of
affinity and
consanguinity
within the 4th civil
degree
38. Disclosure requirement
a. Sec. 51
Must be made by every
sanggunian member upon
his assumption to office,
his business financial
interests, or professional
relationship or any relation
by affinity or consanguinity
within the fourth civil
degree, which may be
affected by any ordinance
or resolution under
consideration of
sanggunian and might
result to a conflict of
interest
39. When shall it be made
a. Sec. 51 (b)(2) Disclosure
shall be made when a
member takes a position or
makes a privilege speech
on a matter that may affect
the business interest,
financial connection, or
professional relationship
described herein.
40. Meant of conflict interest
(MEMORIZE DEFINITION)
a. (CDAsia) Arises when a
public official or employee
is a member of a board, an
officer, or a substantial
stockholder of a private
corporation or owner or
has a substantial interest
in a business, and the
interest of such
corporation or business, or
his rights or duties therein,
may be opposed to or
affected by the faithful
performance of official
duty.
b. Refers in general to one
where it may be reasonably
deduced that a member of
a sanggunian may not act
in the public interest due to
some private, pecuniary, or
other personal
considerations that may
tend to affect his judgment
to the prejudice of the
service or the public.
41. Form of disclosure
a. Sec. 51 (b) The disclosure
required under this Act
shall be made in writing
and submitted to the
secretary of the
sanggunian or the
secretary of the committee
of which he is a member.
The disclosure shall, in all
cases, form part of the
record of the proceedings
42. Effect of failure to disclose
a. Constitutes a VIOLATION
OF RA 6713 (Criminal
penalties)
i. Punishable with
imprisonment not
exceeding five years
ii. Fine not exceeding
Php 5k or both
iii. Possible
disqualification to
hold public office
43. Effect to the municipal action with
regard to the failure to disclose?
a. No effect
b. Unless the duties were
affected in the enactment
of the ordinance
44. How often shall sanggunian held its
regular sessions
a. Sec. 52(a) once/wk for
sangguniang panlalawigan,
sangguniang panlungsod,
and sangguniang bayan
b. Twice/month for
sangguniang barangay
45. How about special sessions?
a. Sec. 52 (b) When public
interest so demands
b. by a majority of the
members of the
sanggunian
46. Who can call for special sessions?
a. Local Chief Executive
47. What is required for a special
session
a. Sec. 52 (d) In the case of
 special sessions of the
sanggunian, a written
notice to the members
shall be served personally
at the member's usual
place of residence at least
twenty-four (24) hours
before the special session
is held.
Unless otherwise
concurred in by two-thirds
(2/3) vote of the
sanggunian members
present, there being a
quorum, no other matters
may be considered at a
special session except
those stated in the notice.
48. Contained in the notice?
49. What if during the session the
members take up matters not
included in the agenda??
a. may not take.
b. Sec. 52 (d) Unless
otherwise concurred in by
two-thirds (2/3) vote of the
sanggunian members
present, there being a
quorum, no other matters
may be considered at a
special session except
those stated in the notice
c. In all instances??
i. no. pwidi pa rin
ii. “except those
stated in the notice”
50. Closed-door session
a. Sec. 52 (c) All sanggunian
sessions shall be open to
the public unless a closed-
door session is ordered by
an affirmative vote of a
majority of the members
present, there being a
quorum, in the public
interest or for reasons of
security, decency, or
morality. No two (2)
sessions, regular or
special, may be held in a
single day.
b. Session not open to the
public due to privacy of
session’s topic/matter
51. When may they be held?
a. When ordered by an
affirmative vote of a
majority of the members
present, there being a
quorum, in the public
interest or for reasons of
security, decency, or
morality
52. In instances of?
a. in the public interest or for
reasons of security,
decency, or morality
53. What is a quorum
a. number of members of a
body which, when legally
assembled in their proper
places, will enable the
body to transact its proper
business
54. May the sanggunian change the
required number of quorum?
a. Sec. 53 Where the Statute
or charter prescribes the
number that shall
constitute a quorum
b. IT CANNOT BE CHANGED
by the body (MALLOY v.
BOARD OF ED. OF CITY OF
SAN JOSE)
55. Base of quorum
a. majority (number greater
than half or more than half
 of any total)
56. Reason for the quorum?
a. For substantial
representation of the group
??? - jela
b. The entire membership
must be taken into account
in computing the quorum
c. The LGC is more exacting
as it requires that the
“majority of all members of
the sanggunian… elected
and qualified” shall
constitute a quorum
d. So that the Sanggunian
may function despite not
all the members being
proclaimed “elected and
qualified”
57. Effect If no quorum?
a. Sec. 53c If there is still no
quorum despite the
enforcement of the
immediately preceding
subsection, no business
shall be transacted.
b. The said acts shall be
considered null and void
and cannot be given
binding force and effect for
they are considered
unofficial acts done during
an unauthorized session
58. What the other members can do if
no quorum?
a. Sec. 53 (b) Where there is
no quorum, the presiding
officer may declare a
recess until such time as a
quorum is constituted, or a
majority of the members
present may adjourn from
day to day and may compel
the immediate attendance
of any member absent
without justifiable cause by
designating a member of
the sanggunian to be
assisted by a member or
members of the police
force assigned in the
territorial jurisdiction of the
local government unit
concerned, to arrest the
absent member and
present him at the session.
59. Arrest; how done?
a. Not criminally, but only to
compel attendance
60. Purpose of the arrest
a. compel attendance and not
to prosecute the member
criminally
61. What happens after resorting to all
the remedies and still no quorum
a. Sec. 53 (c) If there is still
no quorum despite the
enforcement of the
immediately preceding
subsection, no business
shall be transacted. The
presiding officer, upon
proper motion duly
approved by the members
present, shall then declare
the session adjourned for
lack of quorum.
62. Role of LCE in approval of
ordinances
63. Grounds for veto
a. Ultra vires acts
b. Prejudicial acts to the
public welfare
64. LCE exercise veto power. How
a. Sec 55
may veto any ordinance of
the sanggunian
panlalawigan, sangguniang
 panlungsod, or
sanggunian bayan on the
ground that it is ultra vires
or prejudicial to the public
welfare, stating his
reasons therefor in writing.
b. power to veto any
particular item or items of
an appropriations
ordinance, an ordinance or
resolution adopting a local
development plan and
public investment
program, or an ordinance
directing the payment of
money or creating liability.
65. Remedy of sanggunian against the
veto of LCE
a. Sec. 55 (c) The sanggunian
may override the veto of
the local chief executive
concerned by two-thirds
(2/3) vote of all its
members, thereby making
the ordinance effective
even without the approval
of the local chief executive
concerned.
b. Effect: thereby making the
ordinance effective even
without the approval of the
local chief executive
concerned
66. All LCE have veto power?
a. False
b. Exception: Punong
barangay, Sec. 55 (b)
c. Reason:
67. Line item veto?
a. Also known as partial veto,
where the LCE can reject
certain parts of a proposed
bill but not the whole bill
b. Sec. 55 (b) “Power to veto
any particular item/items of
an appropriations
ordinance”
68. General rule of line veto?
a. Line item vetoes of
ordinances by the local
chief executive =
PROHIBITED
b. Xpns:
i. appropriation
ordinances
ii. Resos adopting a
local devt plan or
public investment
program
iii. Ordinances
directing the
payment of money
or creating liability
69. Effect of overriding the redo
a. In such case, ordinance
shall become effective as if
it had been signed by the
local chief executive.
70. LCE signature is always required?
a. No. Sec. 56(d) If no action
has been taken by the
Sangguniang Panlalawigan
within thirty (30) days after
submission of such an
ordinance or 32 resolution,
the same shall be
presumed consistent with
law and therefore valid.
71. T or F sangguniang panlalawigan
has the power to review all
ordinances enacted by sangguniang
panglungsod or bayan
a. False
b. Reason: only local
development plans and
public investments
72. Purpose of review
a. To verify the validity of the
 resolution/ordinance (not 1. Voluntary cases
sure - jela) 2. May local chief executive officials
73. Who has the power to review practice profession - Sec. 90
ordinances 3. No candidate who lost in any
a. Sangguniang election shall be appointed in any
panglungsod/panlalawigan office in the government - False,
(?) Sec. 94
74. Ordinances need to be published 4. Who has the authority to accept
a. Sec. 59 resignation of officials - Sec. 82
75. Should all ordinances and 5. T or F: Acceptance of resignation by
resolutions be published? local official should be expressed -
a. (59.1) Yes. Publication + False
notice = mandatory 6. Rule on partisan activity - Sec. 93
b. Failure to do so = void 7. Double compensation prohibited? T
76. Where should they be published? or F - True, Sec. 95
a. Sec. 59 (c) All ordinances 8. How should boundary disputes be
with penal sanctions = in a settled? - Sec. 118
newspaper of general ● Boundary disputes
circulation within the involving two (2) or more
province where the local barangays in the same city
legislative body concerned or municipality shall be
belongs. In the absence of referred for settlement to
any newspaper of general the sangguniang
circulation within the panlungsod or
province, posting of such sangguniang bayan
ordinances shall be made concerned.
in all municipalities and ● Boundary disputes
cities of the province involving two (2) or more
where the Sanggunian of municipalities within the
origin is situated. same province shall be
b. Sec. 59 (d) In highly referred for settlement to
urbanized cities, main the sangguniang
features of the panlalawigan concerned.
ordinance/resolution = ● Boundary disputes
published once in a local involving municipalities or
newspaper of general component cities of
circulation within the city: different provinces shall be
Provided, That in the jointly referred for
absence thereof the settlement to the
ordinance or resolution sanggunians of the
shall be published in any province concerned.
newspaper of general ● Boundary disputes
circulation. involving a component city
08/14/2021 or municipality on the one
 hand and a highly
urbanized city on the other,
or two (2) or more highly
urbanized cities, shall be
jointly referred for
settlement to the
respective sanggunians of
the parties.
9. Why is it important to settle
boundary disputes
a. 118.6 Any uncertainty in the
boundaries of an LGU will
sow costly conflicts in the
exercise of governmental
powers which ultimately will
prejudice the people’s
welfare
10. Local initiative needs approval of
sanggunian an LCE to be effective
a. F. Sec. 122
11. What is uniformity in local taxation -
all taxable articles or kinds of
property of the same class shall
be taxed at the same rate within
the territorial jurisdiction of the
taxing authority or local
government unit
12. What does progresseve system of
taxation mean?
a. 130.8 Progressive taxes are
a type of graduated tax which
applies higher tax rates as
the income of the taxpayer
increases.
13. Qualification for Lupon Members -
Sec. 399, (b) any person actually
residing or working, in the
barangay, not otherwise
expressly disqualified by law, and
possessing integrity, impartiality,
independence of mind, sense of
fairness, and reputation for
probity
14. What happens in cases of vacancy
in the Lupon? - Sec. 401, Should a
vacancy occur in the lupon for
any cause, the punong barangay
shall immediately appoint a
qualified person who shall hold
office only for the unexpired
portion of the term.
15. What happens if there is a vacancy
in the Pangkat? - Sec. 405, Any
vacancy in the pangkat shall be
chosen by the parties to the
dispute from among the other
lupon members. Should the
parties fail to agree on a common
choice, the vacancy shall be filled
by lot to be drawn by the lupon
chairman.
16. Grounds to repudiate settlement
made in katarungan barangay
proceedings? - Sec. 418, consent
is vitiated by fraud, violence, or
intimidation
17. Grounds for disciplinary action -
Sec. 60
18. Form of an administrative complaint
- Sec. 61
19. T or False: An affidavit of desistance
filed by the complainant warrants the
reduction of the sanction to be
imposed - True
20. After the lapse of preventive
suspension - Sec. 63, (c) Upon
expiration of the preventive
suspension, the suspended
elective official shall be deemed
reinstated in office without
prejudice to the continuation of
the proceedings against him,
which shall be terminated within
one hundred twenty (120) days
from the time he was formally
notified of the case against him.
However, if the delay in the
proceedings of the case is due to
 his fault, neglect, or request,
other than the appeal duly filed,
the duration of such delay shall
not be counted in computing the
time of termination of the case.
21. T or F: Local officials are prohibited
from receiving gifts and accepting
office from foreign government -
True
22. What is Local initiative - Sec. 120, is
the legal process whereby the
registered voters of a local govt
unit may directly propose, enact,
or amend any ordinance
23. Who exercises the power of local
initiative and referendum - Sec. 121,
may be exercised by all registered
voters of the provinces, cities,
municipalities, and barangays.
24. Discuss the prohibited business and
pecuniary interest of local officials -
Sec. 89
25. Penalties local chief executive can
impose upon subordinate employees
a. Sec. 87
26. Why is there difference between
practice of profession with mayors,
governors and sanggunian
27. Equitable and local taxation meaning
28. Composition of lupon ng
tagapamayapa
29. Where can administrative complaints
be filed - Sec. 61
30. Quantum of proof required in
administrative cases
a. Substantial evidence
31. T or F: proper courts can remove
local officials ??? - False; formal
and not jurisdictional
32. Failure to verify complaint is fatal to
the administrative case - False
(reason: The court may act on an
unverified pleading if the
attending circumstances are such
that a strict compliance with the
rule may be dispensed with in
order that justice may be served.
Formal condition, not
jurisdictional)
33. The law can make proceeding
before the lupon after condition filing
of complaint in court - anudaw???
Basta bawal na direct sa court
kailangan daan muna sa barangay
bilis mag salita ni mam pasensya na
po
34. Lawyers cannot participate in
barangay proceedings - True
35. What is the purpose of verification in
administrative complaints
a. Mainly intended to secure
an assurance that the
allegations are done in
good faith or are true and
correct and NOT mere
speculation
36. What is substantial evidence
37. T or F: decisions of administrative
cases are unappealable bc they are
final and executory - false ata to kasi
kahit final and executory pwede pa
rin sa president
38. What is the response to an
administrative complaint?
39. When shall a verified answer be filed
in administrative cases?
40. What is preventive suspension
41. What does loss of confidence mean
in recall
42. Trut or False: The recall process is
commenced by a petition of a
registered voter? - False
43. When may preventive suspension
be imposed on Local Elective
Officials?
44. How long may preventive
suspension be imposed
45. Trut or false: The parties in
 katarungang barangay proceedings
shall appear in person and cannot
be represented? - False
46. When may parties go directly to
court in Katarungang Barangay
proceedings
47. Purpose of preventive suspension
● Where the accused is under
detention
● Where a person has otherwise
been deprived of personal liberty
calling for habeas corpus
proceedings
● Where the actions are coupled
with provisional remedies such as
preliminary injunction,
attachment, delivery of personal
property, and support pendente
lite
● Where the action may otherwise
be barred by the statute of
limitations

- The End -