LOCAL GOVERNMENT CODE

MIDTERM
ULTRA VIRES ACTS

• WHAT IS THE MEANING OF ULTRA VIRES?

ULTRA VIRES CONTRACTS

a. Are entered into beyond the express, implied

or inherent powers of the LGU; and

b. Do not comply with the substantive

requirements of law e.g., when expenditure of
public funds is to be made, there must be an
actual appropriation and certificate of
availability of funds.
• SUCH ARE NULL AND VOID AND CANNOT BE RATIFIED OR VALIDATED
INSTANCES WHEN A DEFECTIVE MUNICIPAL
CONTRACT MAY BE RATIFIED
Ratification of defective municipal contracts is
possible only when there is non-compliance with
the requirements of authority of the officer
entering into the contract and/or conformity
with the formal requisites of a written contract
as prescribed by law.

Ratification may either be

expressed or implied.
EXAMPLES

a. Those entered into by the improper

department, board, officer of agent;
b. Those that not comply with the formal
requirements of a written contract e.g., the
Statute of Frauds.
COMPETITIVE OR PUBLIC BIDDING

Refers to a method of procurement which is open

to participation by any interested party and
which consists of the following processes:
advertisement, pre-bid conference, eligibility
screening of prospective bidders, receipt and
opening of bids, evaluation of bids, post-
qualification, and award of contract.
REQUIREMENT OF PUBLIC BIDDING

In the award of government contracts, the law

requires competitive public bidding. It is aimed to
protect the public interest by giving the public
the best possible advantages thru open
competition.

It is a mechanism that enables the

government agency to avoid or preclude
anomalies in the execution of public contracts.
FAILURE OF BIDDING

• WHEN ANY OF THE FOLLOWING OCCURS:

1. THERE IS ONLY ONE OFFEROR

2. WHEN ALL THE OFFERS ARE NON-COMPLYING OR UNACCEPTABLE

LIABILITY

• EVERY LOCAL GOVERNEMNT UNIT, AS A CORPORATION, SHALL HAVE

THE POWER TO SUE OR BE SUED
Local government units and their officials are
not exempt from liability for death or injury to
persons or damage to property (LGC, Sec.
24).
Governmental vs. proprietary functions

If the injury is caused in the course of the performance of a

governmental function or duty, no recovery, as a rule, can be had
from the municipality unless there is an existing statute on the
matter, nor from its officers so long as they performed their duties
honestly and in good faith or that they did not act wantonly and
maliciously.

With respect to proprietary functions, the settled rule is that a

municipal corporation can be held liable to third persons ex contractu
or ex delicto.
LIABILITIES OF LGUs

• 1. LGUs and their officials are not

exempt from liability arising from
death or injury to persons or damage
to property (LGC, Sec. 24).
 LGUs shall be liable for damages for the death
• 2.
of, or injuries suffered by, any person by
reason of the defective condition of roads,
streets, bridges, public buildings, and other
public works under their control or
supervision. (New Civil Code, Art. 2189)
 When a member of a city or municipal
• 3.
police force refuses or fails to render aid or
protection to any person in case of danger
to life or property, such peace officer shall
be primarily liable for damages and the city
or municipality shall be subsidiarily
responsible therefor. (New Civil Code, Art.34)
DOCTRINE OF IMPLIED MUNICIPAL LIABILITY

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. The doctrine of implied
municipal liability has been said to apply to all cases where money or
other property of a party is received under such circumstances that the
general law, independent of express contract, implies an obligation upon
the municipality to do justice with respect to the same.

(Province of Cebu v. IAC, G.R. No.

72841, January 29, 1987)
VACANCIES

Absence should be reasonably construed to mean

‘effective’ absence, that is, one that renders the
officer concerned powerless, for the time being, to
discharge the powers and prerogatives of his/her
office. There is no vacancy whenever the office is
occupied by a legally qualified incumbent. A sensu
contrario, there is a vacancy when there is no person
lawfully authorized to assume and exercise.
at present the duties of the office.
Classes of vacancies in the elective post: Permanent Vacancy

1. Fills a higher vacant office; or

2. Refuses to assume office; or
3. Fails to qualify; or
4. Dies; or
5. Removed from office; or
6. Voluntarily resigns; or
7. Permanently incapacitated to discharge the
functions of his office. (LGC, Sec. 44)
TEMPORARY VACANCY

Arises when an elected official is temporarily

incapacitated to perform his duties due to legal or
physical reason such as:

1.Physical sickness;
2.Leave of absence;
3.Travel abroad; or
4. Suspension from office
FILLING OF VACANCY

1. Automatic succession
2. By appointment (LGC, Sec. 45)
HOLD OVER STATUS

In case of failure of elections involving

barangay officials, the incumbent
officials shall remain in office in a hold-
over capacity pursuant to R.A.
9164.
Termination of temporary incapacity

1. Upon submission to the appropriate

sanggunian of a written declaration by the
local chief executive concerned that he has
reported back to office, if the temporary
incapacity was due to
a. Leave of absence;
b. Travel abroad; and
c. Suspension
• 2. Upon submission by the local chief
executive of the necessary documents
showing that the legal causes no longer
exist, if the temporary incapacity was due
to legal reasons[LGC, Sec. 46(b)].