184 BEDAN RED BOOK Volume 1. Series of 2023.

IV. LOCAL GOVERNMENT

A. PUBLIC CORPORATION

0: What is a corporation?
ANS: An artificial being created by operation of law, havin9 the right of succession
and the powers, anributes and properties expressly authorized by law or incident to its
existence (REVISED CORPORATION CODE, Sec. 2)

0: What is a public corporation?

ANS: Corporations formed or organized for the Qovernment of a portion of the state
which have for their purpose the general good and welfare (Sec. 3, Act No. 1459).

0: What is the test to determine whether a corporation is public or private?

ANS: It is determined in the relationship of the corporation to the State. If created by
the State as Its own agency to help the State in carrying out its governmental functions,
then it is p·ubllc; otherwise, it is private (Ph ilippine Society for tl,e Prevention of Cruelty
to Animals v. Commission on Audit, G.R. No. 169752, September 25, 2007).

Q. What is a Govern tion (GOCC)?

ANS: Any agency o · _;,,,_,.......,-..~_ corporation, vested with
functions relating to prietary in nature. and
owned by the Gover !YH lities either wholly, or,
where applicable as i stock c9r nt of at least 51% of its
capital stock (REV_AD~. <;(OD , ln t~od1,1c,to~y• par. (13)) . It is subject
to the test of econo ic viobilit (CONST. 'A.rt, XII,

0: What are the · ic tion~ of pul?lic _c

ANS: Public corp
Ouasi-public corp
public wants, or p
the gain or benefi
the public benefit
G.R. No. 169752, Sep e
Municipal corporations
the National Governm
mun icipal government act
and, tt,eretore, jt is on instru
Municipality of Surigao. G.R. No. L-22766, Aug. 30, 1968).
hen quasi-J?ubl.ic
···~· lb-.•
(vafe cof_ijOrafio s; th &t r, ndet public service, supply
f mo ynd, . al}j •hi le · i:irposely organized for
;,,<t h w to ischorge functions for
iti f Cruelty to Animals v. COA.
~
J'IIZ cl, supported and utilized by
e nt machinery and functions; a
ion of the national government
. r (Su rigao Electric Co., Inc. v.

0: What ore the elements and nature of a municipal corporation?

ANS: The elements of a municipal corporation are: (INIT)
1. Legal creation or incorporation;
2. Corporate name;
3. inhabitants constituting the population; and
4. Ierritory.

Municipal corporations have a personality that is separate and distinct from the officers
composing it. As a juridical person, this artificial being is considered person only by
virtue of legal fiction.

Every local government unit created or recognized under the Local Government Code
(LGC) is a body politic and corporate entity endowed with powers to be exercised by it
in conformity with law. As such, it shall exercise powers as a political subdivision of the
national government and os a corporate entity representing the inhabitants of its
territory (LGC, Sec. 15).
Volume 1. Series of 2023. BEDAN RED BOOK 185

0: What ore the functions of a municipal corporation?

ANS:
1. They are the bodies politic established by law portly os agencies of the
State to assist in the civil governance of the coun·try.
'2. Their chief purpose has been to regulate and administer the local and
Internal oHolrs of the cities, municipalities or districts.
3. They ore legal Institutions formed by charters from the sovereign power,
whereby the populations wit·hin communities living within prescribed areas
hove formed themselves into bodies politic and corporate, and assumed
their corporate names with the right of continuous succession and for the
purposes ond with the authority of subordinate self-government and
improvement and the local administration of the affairs of the State
(Mandanas vs. Ochoa, Jr.. G.R. Nos. 199802 & 208488, July 3, 2018).
0: What are the types of municipal corporation?
ANS: The types of municipal corporation ore:
1. Municipal Corporations by Prescription - those that exercised their
powers from time immemorial without objection from the government, that
although no charter exists, it is presumed to have been duly Incorporated.
Its existence is presumed if:
a. The community has claimed and exercised corporate functions;
b. With legislature's knowle~ge and acquiescence; and,
c. Witho1.1t objection Of i'\h! rliuptlon for o period long enough to afford
title by prescriptlon -(Cfomfd v. Office of the President. G.R. No. 161414,
January 17, '2005).
'2. De Jure MuniciP.al Corporatll}ns - those created or recognized by
operation of low fRODl;?-IGUf,z iupta at, 17).
3. De Facto Municipal Co~P.O~a♦lons - ]jos
organized therpselves, under c lor of law, into
exercising their powers, with t ~elr rights depe, nt quite as much as on
acquiescence qs 01'.1' the regul'a ri Y. of their origi I DRIGUEZ, supra at 18).
When a munklpaJlty, erected such, by ex -ut , e rder, is later impliedly
recognized. and its acts ore OC!iOrded legqr V ldl its creation can no
longer ,be que~tloned (Mun/cipqNy of Jimenez . Boz Jr .. G.R. No. 105746,
December 2, 1996), ·-----
0: What ore the rules_ and, r~quisites. for ct:eation, co v Qlon, ivision, and merger
of municipal corporcitions?

one level to another level :shall .. be based oni or

ANS: As a general rule, the creation of a IQ.cQLgovern ment unit or its conversion from
V"ri{iable indicators of viability; and
(2) Projected capacity to provide ser~ices (LGCii:SK..1. p.t,Jr. [l]) .
The essential requisites a re as follows: (LIPLAP)
J. Enacting Low or ordlhdnce fLGC, Sec. 6);
2. Income (LGC, Sec. 7, par. [a );
3. Population (LGC, Sec. 7, par. [b]);
4. Land Area or Territory (LGC, Sec. 7, par. [c]);
5. Attestation by the Deportment of Finance (DOF). Philippines Statistics
Authority (PSA) ol')d Lands Management Bureau (LMB) of the of the
DENR of the indicators (LGC, Sec. 7, par.[51); and
6. Plebiscite (LGC, Sec. 10).
As for division and merger, requirements are tfie some as those for their creation,
provided:
1. It shall not reduce the Income, population, or land area of the LGUs
concerned to less than the minimum requirements prescribed;
'2. Income classificotlon of the original LGU shall not foll below its current
ihcome classification prior -to division;
3. Plebiscite be held in ,a ll political units affected; and
4. Assets and liabilities of creation shall be equitably distributed between the
LGUs affected and the new LGU. When a municipal district of other
territorial divisions is converted or fused into a municipality all property
rights vested In the original territorial organization shall become vested in
the government of the municipality (LGC, Sec. 8).
186 BEDAN REO BOOK Volume 1. Series of 2023.

MANNER OF CREATION OF LGUs

LGU lv1anner of Creotion
Barangay Ordinance by Sangguniang Panlalawigan or
Panlungsod.

Note: Where a barangay is created by an ordinance of the

Sangguniang Panlalawigan, the recommendation of the
Sangguniang Bayon concerned shall be necessary LGC, Sec.
385)

tvlu n,cipal, ty By an act of Congress subject to the approval by a majority

_ C::om_e_onent City ot the votes cast in a plebiscite to be conducted by the
COMELEC (LGC, Sec. 441, 449, 460 respectively).
Province

0: What are independent component cities?

ANS: These are component cities whose charters prohibit their voters from voting for
provincial elective officials (LGC, Sec. 451).

0 : When are LGUs deemed abolished?

ANS: LGUs are deemed abolished when the income, population, or land area of an
LGU has been irreversibly red uce,d to ss Ilion ·the minimum standards prescribed for
its creation as certified by the-11 0 ional og}mcie' o the Sanggunian concerned, as the
case may be (LGC, Sec. 9). . ) ~J I
,, ~

Congress has absol ute powi!r to alts r and,,dissoly_e ~ iriun,ic p I co rporation by:
(D-FARM) . . ,
1. ,Qividi ng O i'riuilicipql car ciro.ti0n into t or I ote S parate municipalities;
2, fixin g, altering or cJ,a n9lng ,the boundar es o · ~ ffclp al corporations;
3. Annexing one1munlclpo l corporatto·n to a othe · ~
4. Repeal ng Its' charte r; or ~1 r-
5. M e r~in,9 o , c:'o nsolid,ating tw,o .or more s po rat mo / i ipal corporation into
one (LGC. S,ec. 6). \ IJ J
. \ The state 1
, ,·is a community
}-..,.,,( of persons, more or less

AU-tQ'!-,.'l_Mi I ,_ '{(.,#1
numerous, permanently occupying a definite portion of
8. PRINCIPLES OF 0~ territory, independent (or nearly so) of external control
and possessing an organized government to which the
0: What is local autonomy? { ( , l \\ great
t· body; of inhabitants render habitual obedience.
1
ANS: The principle of local r:~tonomy u'nder the 19~ e'onstitution simply means
"decentralization.' It does 'not' m9 ke 1ocol go-vernrryents.'s_pvereign within the state or an
"imperium in imperio." State within /a11state I , ;

local Government· has been described as a political subdivision of a notion or state

which Is consl'llu'ted by low and hos su bstantial control of local affairs. In a uni tary
syste m of government, such a th e government under the Philippine Constitution, local
governments can only be an intro sovereign subdivision of one sovereign notion, it
carinot be on imperium in fmperio. local government In such a system can only mean a
mea s ure of d ecentralization of ·l he function of government (Bosco v. PAGCOR, G.R. No.
91649, May 14; 1991),

0: What is the Concept of Association?

ANS: The international law concept of associative relationship or association is formed
when two states of unequal power voluntarily establish durable links.
Note: The concepf of association is nof recog nized under the 1987 Constitution. No
p rovince, city, or municipality, not even the Autonomous Region in Muslim Mindanao
(ARMlv1), is recognized Lmder our laws as having an associative relationship with the
notional gove rnment·. H olso implies the recognition of the ossoclated entity as a state
(Province of North Cotoboto 11. Government of the Republic of fhe Philippines Peace
Pa ne l on Ancestral Domain G.R. No, 183591, October 14. 2008).
Transitional device of a former colonies on
their way to full independence.
Volume 1. Series of J023. BEOAN RED BOOK 187

0: What is Devolution?
ANS: Devolution refers to the act by which the National Government confers power
and authority upon the various local government units to perform specific functions and
responsibilities {Tano v. Socrates, G.R. No. 110249, August 21, 1997).

0: What are devolved powers to the Local Government Unit?

ANS: The devolved powers to the LGU are: (PS-CHAT)
1. Public Works; 1. permanent population,
2. Social Welfare; 2. defined territory
3. Construction of school buildings and facilities; 3. a government,
4. Health; 4. capacity to enter into
5. Agriculture; and relations with other states.
6. Tourism functions (LGC, Sec. 17).

0 : What is Deconcentration?
ANS: Deconcentratlon Is administrative In nat·ure; it involves the transfer of functions
or the delegation of authority and responsibility from 1he national office to the regional
and local offices. This mode of decentralization Is also referred to as administrative
decentralization (Disomangcop v, Datumanang, G.R. No.149848, Nov 25, 2004).

0: What are the forms of decentralization in the Philippines?

ANS: In its broad or general sense, qece ,t ralization has two forms In the Philippine
setting, namely: the decentrali zafo,n of power and the decentralization of
administration. The decentralixatii;,n of power in volves the abdication of political
power in favor of the autonomous LGUs-<as to grant them the freedom l·o cha rt their
own destinies and to sha pe their future~ with '"!l nimum i tervention from the central
sovernment. This amounts to se/f. immo/~ io be<:q1,1.~~ thit utonomous LGUs thereby
become accountable not to the,ae ntral out orlt1es bu-t to Ile r constituencies.

On the other hand, the decentralixat.io dmini urs when the central
government delegates adm n/stratiye ,po the L eons of broadening
the base of governmental po~ers and king ore responsive and
accountable in the P.f0e'ess, and therelw e their ent as self-reliant
communities and mo.re ~Hectlve portrie the p ools of national
development and s.ocial p1ogress. ,T~is f f d~ rther re lieves the
central government of the bu r'den of 111an 1.o cal t con concentrate
on national concerns (Monqanas v. Oi;ho No. l . . 018).
0: What form of decen-tralixatlon is granted to the local government units?
ANS: Two groups of L~U$ enjoy d~t1er!ttqllzatipn in distinct ways. The
decentralization of power has bee_n given o the reg1on I units (namely, the ARMM
and the constitutionally mandated Cordillera Autonomous Region [CAR]). The other
group of LGUs (i.e.. province$ cities, municipalities, and barahgoys) enfoy the
decentralization of adminisfration (Mondanas v. O choa, G.R. No. 199802, July 3,
2018).
The decentralization of power in favor of the regional units is not unlimited but involves
only the powers enumerated by Section 20, Article X of the 1987 Constitution and by
the acts of Congress (Mandanos v. Ochoa, G.R. No. 199802, July 3, 2018).

0: What is debureaucratization?
ANS: It is the transfer of some public functions and responsibilities, which the
government may perform, to private entities or non-governmental org_anizations; it is
people's empowerment or participation in local governance (BRILLANTES).

0: What is the extent of the Congress· control over local government units?
ANS: Congress retains control of the LGUs although in significantly reduced degree
now than under our previous Constitutions. The power to create still includes the power
to destroy. The power to grant st-ill inc ludes the power to withhold or recall. The notional
legislature is still the principal of the local government· units, which cannot defy its will
or modify or violate it (Una v. Pono, G.R. No. 129093, August 30, 2001),
188 BEOAN RED BOOK Volume 1. Series of 2023.

0: What is the power exercised by the President over local government units?
ANS: The President of the Philippines shall exercise general supervision over local
governments (CONST. Art. X, Sec. 4). Thus, the President's authority is limited to seeing
to it that rules are followed, and laws are faithfully executed. The President may only
point out that rules have not been followed but the President cannot laY. down the rules,
neither doe~ he have the discre!io~ to modify or replace the rules (The Province of
Negros Occidental v. The Comm1ss1oners, COA, G.R. No. 1B2574, September 2B, 2010).

0: What is an autonomous region?

ANS: The autonomous region is a corporate entity with jurisdiction over all matters
devolved to It by the Constitution and the Organic Act {R.A. No. 9054, Sec. 2, Article
IV). From the perspective of the Constitution, autonomous regions are consld.e red one
of the forms o·f local governments, as evident from Article X of the Constitution.
Autonomous regions ore establi.s hed and discussed under Sections 15 to 21 of the said
Article-the article wholly devoted to Local Government (Datu Michael Abos Kida v.
Senate of the Philippines, G.R. No. 196271, October 1B, 2011).

C. AUTONQMOUS R(GJON AND THEIR RELATION TO 'THE NATl0HAL

ao11ERNM~NT

0: What are the two c tonomous regions and its

composition?
ANS: There shall be er Mindanao and in the
Cordilleras consisting of raphical areas sharing
common and distinctiv. and social structures,
and other relevant Constitution and the
national sovereig 1toridJ1\ nt~g blic of the Philippines
(CONST. Art. X, S _
'7!
0: What is the r to~orfio14.s r 'tional government?
ANS: While aut e\ gr.gr:i;t,~'d , the framers of the
Constitution neve te. n au ,onomous region, as a
regional entity, c ~vi'p k of the State and is
still subject to the I ernm nt, save only for those
seedfic areas re I I out nomous determination
(Datu Michael Abos No. 96271, October 18, 2011).
Q: What power does tit• ___,__.. s regions?
ANS: The President shal ,;over autonomous regions to
ensure that laws are faithf ______ Sec. 16).

Q: How does the president exercise general supervision over the regional governor
of the Bangsamoro Autonomous Region?
ANS: The President shall exercise general supervision over the Bangsamoro
Government to ensure that lows are faithfully executed . The President may suspend the
Chief Minister for a period net exceeding 6 months for willful violation of the
Constitution, national laws, or this Organic Law (R.A. 11054, Art. VI, Sec. I).

0: What is an organic act in relation to autonomous regions?

ANS: An organic act in rel.a tion to autonomous regions is an act· by the Congress which
shall define the basic structure of government for the reg ion consisting of the executive
department and the legislative assembly, both of which shall be elective and
represent ative of the constituent politlcal units. The orgdnic acts shall likewise provide
for special courts with personal, fa~lly, and p,roperty law jurisdiction consjste.nt with the
provisions of the Constitution and national laws (CONST. Art. X. Sec.18, Par. I).

Q: Which body shall enact an organic act for each autonomous region?
ANS: The Congress shall enact an organic act for each autonomous region with the
assistance and participation of the reg ional consultative commission composed of
representatives appointed by the President from a list of nominees from multisectoral
bodies (CONST. A rt: X, Sec. 18, Par. 1).
Volume 1. Series of 2023. BEDAN RED BOOK 189

0: What is the organic act governing the autonomous region in Muslim Mindanao?
ANS: It is R.A. No. 11054, otherwise known a s "Organic Low for the Bongsomoro
Autonomous Reg ion in Muslim Mindanao." It repeols RA. No. 6734, entitled "An Act
Providin~ for An Organic Act for the Autonomous Region in Muslim Mindanao," as
amended by R.A. 9054, entitled 'An Act to Strengthen and Expand the Organic Act for
the Autonomous Region In Muslim Mindanao" (RA No. 11054, Art. XVIII. Sec. 4).

Q: When is the creation of an autonomous region considered effective?

ANS: The creation of the autonomous region shall be effective when approved by
majority of the votes cost by the constituent units in a plebiscite called for the purpose,
provided that only provinces, cities, and geographic areas voting favorably in such
plebiscite shall be included in the autonomous region (CONST. Art. X. Sec.18, Par. 2).
Q: How is the majority vote required in the creation of an autonomous region
construed?
ANS: It will readily be seen that the creation of the autonomous region is mode to
depend, not on the total majority vote in the plebiscite, but on the will of the majority
in each of the constituent units. It is thus clear tha t what is requ ired by the Constitution
is a simple majority of votes app roving the organic ac t in individual constituent units
and not o double majority of the votes in all constituent units put together, as well as
in the individual constituent units (Abbas . COMELEC, G.R. No. 89651, November 10.
1989).

Q: What are the legislative power.1,grgn to the autonomous region, which it will
exercise within its territorial ,·urlsdlc sub"ect to the provisions of the
Constitution and national laws? 4'.a\p.
ANS: The legislative powers grant cf tot - - - - s are:
1. Aomjnistrotlve or~~mlzatiofi'!
2. ~reation of sources of revenu
3. Ancestral domain ond natui'QI
4. fersonal, family, and prorerty
5. Regional urb9n and: i'frra flan g
6. _Economic, social, 111nd tourism elop
7. .E.ducation,a l polis.les; '
8. _freservotloo one} develbpme the nd
9. Such Qther mq_ t~fs as !T'iil-Y, thor . promotion of the
general w,~ lfd e,,9f t,he peqpl e region O . Art. X, Sec. 20).

Q: What is the extent of authority givltft to-G tonomous regional governments?

ANS: Autonomous regional government are mpowen d to undertake all internal
administrative matters for "fhe respectlv rifg'loh·s, exi::ept-fnatters which ore within the
·urisdiction and competenJe of tliel'lational Government which includes, but are not
limited to, the following: (N.fiF-Co'At>-CICNG)
1. tiotional defense and security;
2. foreign relations;
3. foreign trade;
4. ~urrency, monetary affairs, foreign exchange, banking and quasi-banking,
and external borrowing,
5. Q.isposition, exploration, development, exploitation or utilization of all
natural resources;
6. Air and sea transport
7. fostal matters and telecommunications;
8. ~ustoms and quarantine;
9. Immigration and deportation;
10. titizenship and naturalization;
11. Motional economic, social, and educational planning; and
12. ~eneral auditing (Limbona v. Mange/in, G.R. No. 80391, February 28, 1989).
190 BEOAN RED BOOK Volume 1. Series of 2023.

0. LOCAL GOVERNMENT UNITS

POWERS
Police Power (General Welfare Clause)
0: What are the two branches of the general welfare clause?
ANS: The general welfare clause ho s two branches. The first, known as the general
legislative power, authorizes the municipal council to enact·o rdinances and make reg ulations
not repugnant t o low, as may be necessary l·o carry into effect ond discharge the powers
and duties conferred upon the rmunlcipol council by law. The second, known as the police
power proper, authorizes the municipality to enact ordinances as may be necessary and
proper for the health and safety, pro speri ty, morals, peace, good order, comfort. and
conv enience of the mu11icipality and Its Inhabitants, and for the protection of their properly
(Rural Bonk of Maka t·i v. Municipality of Mokali, G.R. No. 150763, July '2, '2004).

0: What is th e basis for the exercise ofJolice power by Igus?

ANS: The police power can be exercise through the general welfare clause. But police
power is not inherent in municipal corporations or local governments. In order that a local
!lovernment may exercise police power, there must be a valid delegation of such power by
lhe legislature. Congress has enacted the LGC which provides the standards as well as the

G.R. No. 110'249, August· 21, 1997~ (' J 'J\f

limitations in the exercise of the police power by the local government un it (Tono v, Socrates,

0: What are the limitoti~ns 'on f,h ?rxercise of police pdw .r by LG Us? (EC-DET)
ANS: The exercise of P. f.ic~ ~o .ilr by LG_l).s h9J the"fqlloV1in Imi tations:
1. _Express gro_o_t by'1ow (MMT>A y, Bel-A·/r .Village ·s ocialion, G.R. No. 135962,
March 27 2Q.CY9;1 1 ..
1
2. Must no be co9trar ' to the Cohstltutfbn on w. col govern ments cannot
octuolly{enoc_t ordinances that go ogoinst. l ws d ly,e a led by Congress (Lina
v. Dizorl,( Raiil) G.R. No. '29093. -Augus;t 30, 001):
3. Due prfcess. louse. \ The ,means l!.mRloyed' ore r 9 o bly necessary for the
o~com plish~rr, ~ <tf t. e _purpo·se aqd not u ~uJy-..1op ress, on individuals (White
L,ght C~rpol o ,on, v. ·C-,ty of f',lanllo, G.R:JJ:9· 1.128 fl. J,o uary 20, 2009);
4. Equal p~dt~cti n clo<J:sita.The nt /ests o / he ~ub le in g nerol, as distinguished
1
from those of a portlc,rllb'r da.ss, requ r .t.ryr exe . ise otJthe power (White Light
Corporahqn V. Otr of' Mpn(lo,, /!. 'o. !?-!l846 onua ~ 20 2009); and
5. lerrltoriolil','., It Is e erci~ql;>Je·/o/ Jly- tpin ter i oriol Ii Its of the LGU (LGC, Sec.
16). - •
,)( l
Eminent Domain ✓I ~./ t
0 : What is the basis for the exercise of. the power of eminent domain by LGUs?
ANS: An LGU may, throu·gh its chief execu tive, and acting pursuant to an ordinance,
exercise the power of eminent domain for pub lic use or purpose, or welfare for the
benefit of the poor and -the landless, upon payment of just compensation, pursuant to
the provisions of i·he ConstHution and pertine,,t lows (LGC, Sec, 19).

0 : In addition to the constitutional requirements, what are the requisites for the
exerc ise of power of eminent domain by on LGU?
ANS: The following essential re9uisites must concur before an LGU con exercise the
power of eminent domain: (OCP-JON)
1. An Q .rdinance is enacted by the loca l legislative council authorizing the local
.Q,ie·f Executi ve, in behalf of the LGU. to exercise the power of emine nt
domain or pursue expropriation proceedings over a particular private
eroperty;
2. Th e power of eminent domain Is exercised for _eublic use, purpose or welfare,
or for the benefit of the poor and the land less;
3. There is payment of Just compe nsa tion, as required under Section 9, Article
Ill of the ConstituHon, and other pertinent laws; and
4. A valid and definite Qffer hos been previously made to the owner of the
property sought to be expropriated, but said offer was ~ot accepted
(Municipoll ty of Paronaque v. V.M. Realty Corporation. G.R. No. 127820,)u/y
20, 1996).
Volume 1. Series of 2023. BEDAN RED BOOK 191

0: When can the LGU take immediate possession of the property to be

expropriated?
ANS: The local government unit may immediately toke possession of ·the property upon
the filing of the expropriation proceedings and upon making o deposit with the proper
court of at least 15% of the fair market value of the property based on the current tax
declaration of the property to be expropriated (LGC, Sec. 19}.

Q: What is the basis for the determination of just compensation to be paid for the
property to be expropriated?
ANS: The amount to be paid for the expropriated property shall be determined by the
proper court, based on the fair market value at the time of the taking of the property
(LGC, Sec 19).

Taxing Power
Cl: What is the basis for the exercise of the taxing power by LGUs?
ANS: Each LGU sha ll hove the power to create Its own sourcecs of revenues and to levy
taxes, fees, and charges, subject to such guidelines and !Imitations as the Congress may
provide, consistent with the basic policy of loco! autonomy (CONST. Art. X. Sec. 5) .
All LGUs are empowered to create their own sources of revenue and to levy taxes, fees
and charges which shall accrue exclusively or their use ohd disposii'lon and which shall
be retained by them (LGC. Sec. 18).

Q: What are the fundamental princfp les of taxation by LGUs? (Un PIN-OPEN)
ANS: The following funda mental pillnc,1pl · shall govern the exercise of the taxing
power by LGUs:
l.
2.
Taxation shall be Un ifg,rm in ~oh ~GU;
Each LGU shall, as for as- pr cf1c ol31e, e_yoble a Progressive system of
taxation;
3. Revenue shall Inure solely- to t e benefit of, an be subject to disposition
by, the LGU, uiiles_s oth.,w,vise Sf?fcificolly p rov cl ''d , 1 erein;
4. Collection sh9II in, No case be llif to any p riv te er on; and
5. Toxation shall be:,
o. no1 unjust, e ~cessive, Opp ~slve or co 'fisca ory;
b. only for Pul:ilh: pu rposes;
c. Eqlii itobl e a nd based (ls f r ' 5 proct 1C!<lb1e on tb oxpoyer's ability to
poy; ·ond "'

d. Not contr1o ry to low, pu~hc •policy, national economic policy, or in

restraint t>f trod·e (LGC. S~. 1:50).
Cl: What is the reason why an LGIJ may not tax fns+r'tlm~ntalities of the State?
ANS: Local governments, being mere ogents of the Sto-te, hove no power to tax
instrumenta li ties of the No tional Government. PAGCOR, being on Instrumenta lity of
the state, is therefore exem pt from local taxation. This is in consonance wif·h the doctrine
of state supremacy over local governments (Bosco v. PAGCOR. G.R. No. 91649, May 14,
1991).

Closure and Opening of Roads

0: What is the extent of the power of the LGUs regarding the opening and closure
of roads?
ANS: A local government unit may, pursuant to an ordinance, permanently or
temporarily close or open any local road, alley,' park, or square falling within its
jurisdiction (LGC, Sec. 21, Par. (a)).

0 : What are the limitations on permanent closure of roads?

ANS: The following ore the limitations provided for by low:
1. In case of permanent closure, such ordinance must be approved by at least
two-thirds (2/3) of a ll the members of the scmggunian, and when necessary,
on adequate substitute for the public focilily that i.s subject t o closure is
provided (LGC, Sec. 21, Par. (o));
2. No such way or place or any part thereof shall be permanently closed
without making provisions for the maintenance of public sofety therein
(LGC, Sec. 21, Par. (b)); and
192 BEDAN RED BOOK Volume 1. Series of 2023.

3. No freedom park shall be closed permanently without provision for its

transfer or relocation to a new site (LGC, Sec. 21, Par. (b)).

0 : When can the LGU order temporary closure of roads?

ANS: Roads may be temporarily closed under the following instances:
1. Any national or local road, alley, park, or square may be temporarily closed
during an actual emetgency, or fiesta celebrations, public rallies,
agricultural or industrial fairs, or an undertaking of public works and
highways, telecommunications, and waterworks projects, the duration of
wnich shall be specified by the local chief executive concerned in a written
order (LGC, Sec. 21, Par. (c)); and
2. Any city, municipality, or barangay may, by a duly enacted ordinance,
temporarily close and regulate the use of any local street, road,
thoroughfare, or any other public place where shopping malls, Sunday, flea
or night markets, or shopping areas may be established and where goods
merchandise, foodstuffs, commodities, or articles of commerce may be sold
and dispensed to the general public (LGC, Sec. 21. Par. (d)) .

0: What is the limitation on temporary closure of roads?

ANS: No national or local road, alley, park. or square shall be temporarily closed for
athletic, cultural, o r civic ectivities not officially sponsored, recognized, or approved by
the local government unit concernedj LGC,. Sec. 21, Par. (c)) .

Legislative Power / l J // .
0: Who exercises loca lA -91sl_!:1!J,ve power?
ANS: Local leg islatlv
f, ,
o'-e s'hall b'e'"e~erc se-d by fhe s'on 9 uniang panlalawigan for
the i:ir_ovi~ce; the san_gg, n}o g _ anlungsod'for the c~ty; the ngguniang bayan for the
municipality; and the song un, ng bdran_g oy for th e ba - 11190;,:) (LGC, Sec. 48).
~ I __ r
0 : What is the na u.-,.,.Qf loco legislative po".\'ers? _
ANS: It is a fundl eiit&I prinJJple th.at rhuhicipol o 1c:linana.e_s a ri inferior in status and
subordinate to the gy,,~ f th~ ate. An ordi_n ance i_ryco.nflic \Wr~ state law of general
character and stat witle applil a I.an .is. ui:l!Yer.sally.J,', ld } o e in lid. In every power to
pass ordinances ~,e ) iP o .P'l Qicipolitr 1 ther l ;s. on i nplied restriction that the
ordinances shall be -onsist'ent ~\·I~ tl:1.e gene r.ol loYJ:'f~ci'J-an as C V v. Court of Appeals,
G.R. No. 138810, Sep mbe~ 9. 2PO.j~ [ _, ·?· /'
0: What are the requltites for
ANS: To be valid, a r'I or
i.. ~liclmust
,'c,e
jc~1tdiJ~n ~eJ/ CUP UG)
confr
1

to A he following
'( substantive
requirements: ( f , , ~ ,,
1. It must not contravene -fhe ~ · 's tft tlan ancl any statute;
2. It must not be .U,nfair or oppr-e..s.si,ver
3. It must not be _fortial or d iscriminafory;
4. It must not frohiblt, but may regu la te, trade;
5. It must be consistent with .fublic polfcy;
6. It must not be Unreasonable; and
7. It must be _G_eneral in application (Legaspi v. Cebu City, G.R. No. 159110.
December 10, 2013).
0 : What is thct additional requisite if an ordinance imroses penal sanctions?
ANS: The gist of all ordinances with penal sanctions shal be published in a ne wspape r
of genetal circulation with in the province whiue the local legislative body belongs. If
there is no newspaper of general circulation within the province, posti ng of such an
ordinance shall be made in muni ci palities and cities of the province where the
Sanggunian of origin is situated (LGC. Sec. 59, Par. (c)).

0: What is the process in approving an ordinance?

ANS: An ordinance is approved in the following manner:
1. The local chief executive affixes his signature on each and every page
thereof;
2. If the local chief executive vetoes the same, it may be overridden by a two-
thirds vote of all Sanggunian members;
Volume 1. Series of 2023. BEDAN RED BOOK 193

a. The local ch ief executive may veto any ordinance on the ground that it
is ul t ra vires or prejud icial to public welfare, st ating his reasons therefor
In writing;
b. The local chief executive may veto particula r item/s in an appropriation
ordinance, ordinances adopting local development plans and public
investment plans, or ordinances d irecting the payment of mon ey or
creating liability; and
C. The local chief executive may veto an o rd inance only once;
3. The veto must be communicated to the Sanggunfom with in 15 days for o
province and 10 days for a city o r municipality; otherwise, the ordinance
shall be d eeme d cipproved. Ordinances enacted by the Songguniong
Borongay shall, upon approval by the major ity of a ll its membe rs, be signed
by the Punong Barangoy (LGC, Secs. 54 and 55).

0 : When do ord inances/ resolution s take effect?

ANS: Unless otherwise stated in the ordinance or resoluti on, the some s hall take effect
after 10 days fr om the date a copy ·thereof is posted in a bulletin board at th e entrance
of the provincial capitol, or city, or munici pal, or barangoy hall, as the case may be, and
in at least two other conspicuous places in th e LGU concerned (LGC, Sec. 59, Pa r. (a )).

0: What is local initiative?

ANS: Local initiative is the legal p~oces whe reby the reg istered voters of a local
gove rnment unit may directly p ropo"s!!, e,n i;'t, or amend a ny ordinance (LGC, Sec. 1'20).
0: Who exercises the power of local ·1nlflof ve?
ANS: The power of loca l initiativ~emay, b:i ~ Xij'lrqised by q/J registered voters of the
provinces, cities, mun icipalities, and barangays (LGC. S.ec:r 12-).
0: What are the li mitations on the exe of the
ANS: The limitations are: (OIC)
1. It shall not be exerc ised more n Once
2. The local lnitiotiv~ s h.all exten lyt o SU rs which are with in
the legal powers of the Song n to e
3. If at 9rJY.•time 15_efo_re th e initlb is held oncerned adop ts
in Iota .the p roposl jon presen nd th live a pp roves -the
same, th ~ initio-tive 1~holl b.e _ grtc elled. ainst such action
may, if tf\ey so, des ire, a pply for initiative in the manner provided by law
(LGC. Sec. 124).
0: What is local referen dum?
ANS: Local referendum i! the legal l5rocess wt\ ere y tlie registered voters of the local
government units may app rove, amend, or reject any ordina nce enacted by the
Sanggunian (LGC, Sec. 1'26).
0: Who exercises the power of local referendum?
ANS: The power of local refere ndum may be exercised by all registered voters of the
provinces, cities, municipalities, and barangays (LGC, Sec. 1'21).
0: When can the local referirndum be held?
ANS: The local referendum shall be held under the control and d irection of the
COMELEC within 60 days for provi nces, 45 days fo r munic ipalities, and 30 days for
barangays (LGC, Sec. 1'26). ,
0: W hat is the limitation upon the sanggunian with regard to proposition or
ordinance approvird through t he syst em of initiative and referendum?
ANS: Any proposition or ordinance app roved throu9h the system of Initiative and
referendum as herein provided sha ll not be repea led, modified or amended by the
sanggunian conce rned wi thin 6 months fr om the date of -the approval thereof, and may
b e amended, modified or rereoled by the songgunia n wlth ln 3 years thereafter by a
vote af th ree-fourths (3/4 ) o a ll its membe rs: Provided, Tho-ti n case of borangays, th e
period shall be 18 months after the approval the reof (LGC, Sec. 125).
194 BEDAN RED BOOK Volume 1. Series of 2023.

Corporate Powers

0: What are the corporate powers of LGUs? (CSS-PCO)

ANS: Every local government unit, as a corporation, shall have the following powers:
l. To have Continuous succession in its corporate name;
'2. To Sue and be sued;
3. To have and use a corporate Seal;
4. To acquire and convey real or personal Property;
5. To enter into Contracts; and
6. To exercise such Other powers as are granted to corporations, subject to
the limitations provided in this Code and other laws (LGC, Sec. '22, Par. (a)).

0: What is the limitation imposed upon an LGU as regards Its disposal of property?
ANS: The properties of provinces, cities, and municipalities ore divided into property
for public use and patrimonial property. Article 424 of the Civil Code lays down the
basic principle thot properties of public dominion devo-ted to ublic use and made f
avai lable to the public in general are outside the commerce o man and cannot be
disposed of or leased by the local government unit to private persons (Macosiono v.
Diokno, G.R. No. 9n64. August 10, 1992).

0: What are the requisites for the contract entered into by the LGU to be valid?
ANS: In order for such contract ~ owing are required: (P~SF)
l. The LGU has expre er to enter into a particular
contract;
'2. It was en d, committee, or agent.
In case i on behalf of the LGU,
prior a eded;
3. It mus nd
4. It mu ntracts (Land Bank
of th c...;..,.~..;.;o_;;;➔ ).

Ultra Vires Acts

0: What is an
ANS: Generali object for which a
corporation Is c therefore beyond
the powers con acayuran, G.R. No.
191667. April 17,

ipal corporation?

Attended only by an irregularity

but remains within municipality's
ower
Does not preclude (1) ratification
or the {'2) application of doctrine
of estoppel in the interest of
equity and essential justice

Attended only by an irregularity

but remains within municipality's
ower
Does not preclude (1) ratification
or the ('2) application of doctrine
of estoppel in the interest of
equity and essential justice
Volume 1. Series of 2023. BEDAN RED BOOK 195

Void Ultra Vires Ultra Vires Irregularity

As to Kinds Municipal contracts which: Municipal contracts which:
1. Entered into beyond Are entered into by the
the express, implied, improper department, board,
orinherent powers of officer, or agent; or
the LGU; or, Do not comply with the formal
'2. Do not comply with requirements of written
the substantive contract, e.g. statute of frauds
requirements of law,
e.g., when making
expenditure of public
funds, they must be
an actual
appropriation and
certificate of
availability of funds

0: What Is the limitation imposed upon an LGU as regards its disposal of property?
ANS: The prope. rties of provinces, cities r,qJ d munlcipalit!es are divided into property
for public use and patrimonial proP,'1ft¥, ~ rticle 424 of the Civil Code lays down the
f
basic principle that properties of ubli .a 0minion devoted to ublic use and made
available to th·e public in general cf e .r~ e the commerce o man and cannot be
disposed of or leased by tne local goy, !;l;im nt unit to private persons (Macasiano v.
Diokno, G.R. No. 9n64. August 10. si, ).

0: Under the Civil Code, wi{at a LGU may be held

liable? . 1
ANS: An LGU may be eld ·ljdble unde
l. LGUs shall be I aole for dcr ·uries suffered by,
any p°'eM>n. qf th , streets, bridges,
public ~uil in s: a . ot her rol or supervision
(CIVIL C 9);
2. The State le In Ii ugh a special agent
(CIVIL C · ' ., o, Po .
3. When a mem8er o · a city or m nlc p:al ol ii:e force refuses or fails to render
aid or protect·o,; to a11y' el!soi'I In caftb>fuadnger to life or properly, such
peace officer shall 15e primarily liable for damages and the city or
municipality shall b.e ~!Jbsidiarily responsible therefor (CIVIL CODE. Art. 34).

0: When may an LGU be held liable for a tort?

ANS: The state cannot be held liable for torts committed by ·them In the d ischarge of
governm,;?ntal functions. However, the LGU con be held answerable only if it con be
shown that its officers and agents were acting in a proprietary capacity (Municipality
of San Fernando v. Firme, G.R. No. L -52179, April B, 1991; Jayme v. Apostol, G.R. No.
163609. November 27, '2008).

0: When may an LGU be held liable under a contract?

ANS: Upon an authorized contract - that is, upon a controct within the scope of the
charter or legislative powers of the corporation ond duly, made by the proper officers
or agents - they ore liable In the same manner and to the same extent as private
corporations or natural persons (/vle.ndoza v. De Leon, G.R . No. L -9596, February 11.
1916).

0: What is the doctrine of Implied Municipal Liability?

ANS: The Doctrine of li:nplied Municipal Liabil ity provides thot o municipality becomes
obligate.d upon a n implied contract to pay the reasonable volue of the benefits
accepted or appropriated by it as to which it has the general power to contract. The
doctrine appli es to all coses where money or other property ,of o pa rty is received under
such circumstances that the general low, independent of an express contract, implies an
196 BEDAN RED BOOK Volume 1. Series of 2023 .

obligation to do justice with respect to the same (Province of Cebu v. /AC. G.R. No. L-
72841, January 29, 1987) .

SETTLEMENT OF BOUNDARY DISPUTES

0: How shall boundary disputes be settled?

ANS: Boundary disputes between and among local government units shall, as much as
poss ible, be settled amicably (LGC, Sec. 118).

0: Who has jurisdiction over settlement of boundary disputes?

ANS: It d e pe nds on the parties invol ved. The jurisdictional respons ibility for settlement
is as follows:
1. Boundary disputes involving '2 or more barangays In the sa me clty or
municipality shall be referred for settlement to the sanggun/ang
pan/ungsod or sangguniang bayan concerned.
2. Boundary disputes involving '2 or more municipalities within the some
province sha ll be referred for settlement to the songgun/ong pan/o/awigan
concerned.
3. Boundary disputes involv ing munic ipalities or component cities of different
provinces shall be joi ntly referred for settlement to the songgunions of the
province concerned.
4. Boundary disputes involvioQ c.or:n...eonent city or munic ipal ity on the one
hand a nd a high ly 1id;ianizedj~i'tty on th other, or '2 or mo re highly urbanized
cities, shall be jQli,:fly e errei;I for/s (t leine to the respective sanggunians
of the pa rtie~AL ' . Se 18). J, _.,
5. Jurisdiction ro rr t e settlement of bo ·c;la y disputes between a

under B.t, . 9 s o1men9ed b;y Rj.. 76 1, it

Court ii)( the 1tovlrfce that C:a~ ddjudic . te
,Ila;
mu nicipa li.~ ancfl n~ ind'ependent con:i~oo . t oit~ in the same province,

,
be the Re9ional Trial
l;troversy. After all, the
Region 3'1,..T ria Cour{t hQ~.9g11.t:r~ol. iJ.!risd;c, '·on t o : I d ·ca-te a ll controversies,
except nl ~ those withheld fror,n its lenor:,Y,....po .ers (Municipality of
Kanonga v.'Wfodro a, G.R. No. 141375, A ri/ 30, 003)
0

0 : What will ha p e~ h -~ 11dar; dispute ca l~17b set . d amicably?

ANS: In the event . , ~~s~ gg'4ff rn]fai ls t1 effect ir:<1:rn'ical:>le Ii! lement withi n 60 days
from th e date the ispu~ wa ~.e .
rred her.e l l~i hal f issue a certif i~otion to that
effect. Thereafter, I e d is te s!:19 1 bt f,rJ!l h::·-~f1ed 6y the sangg unran concerned
which shall decide th issue ,!;thi '1 60 ~oys froq, fhe ate of e ce rtification referred
to above (LGC, Sec. 118'), · ( / f 1 \\I /

VACANCIES AND SUCCESSION( }

/o I--------
MI \ \'.1/
0 : What are the causes of pe rmanent-vaca cy? (HOI-DR')(HiFlnD-RemRuRef)
ANS:The following are the causes of permanent vacancy:
I. Succession to o Jiigher vacant office;
2. failure to qua lify to Office;
3. Permanent lncapocity to discharge the functions of an office;
4. .D_eath;
5. Removal from office;
6. Voluntary Resignation; and
7. B.rlusal to assume office (LGC, Sec. 44).

0: What are the rules of succession of local elective officials in case of permanent
vacancy?
ANS: In case of permanent v-o cancy In the positions given below, the fo llowing shall
succeed: (Vacancy: Successor)
I. Office of the Governor: Vice-governor;
2. Office of the Mayor: Vice--moyor;
3. Office of the Vice-gove rnor or Vice-mayor: Highest ranking Sanggunion
member or, in case of his permanent inability, the second highest ranking
Sang!}union member;
4. Memb-er or, In case of his permanent lnabihty, the second highest ranking
Sanggunian member;
Volume 1. Series of 2023 . BEDAN RED BOOK 197

5. Office of the Punong Barangay: Highest-ranking Sangguniang Barangay

member, member or, in case of his permanent inability, the second highest
ranking Sanggunian member (LGC, Sec. 44).

0: How is the ranking In the sanggunian determined?

ANS: A tie b!!'tween and among the highest ranking Sangguriian members shall be
resolved by the drawing of lots. For purposes of successionhronking in the Sanggunian
shall be determined on the basi s of the p ropor tion of t e votes obtairied by· each
winning candidate to the total number of reg istered vot ers in each district In the
immediately preceding election (LGC, Sec. 44).

0: What are the rules in case of permanent vacancies in the Sanggunian where
automatic succession does not apply?
ANS: Permanent vacancies in the Songgunion where automatic succession does not
apply shall be filled by appointment by the following ch ief executives:
1. President, through the Executive Secretary, for vacancies In the:
o . Songguniong Panlalawigan
b. Sanggunlang Ponlungsod _ of Hi~hly Urbani.l:ed City (HUC) and
Independent Component City (ICC)
2. Governor, for vacancies in the:
a. Sangguniang Panlungsod of component cities
b. Sangguniang Bayon
3. Municipal or City Mayor, , bn recommendation of the Sangguniang
Barangay concerned, fo.t VOClbnc~s in the:
a. Sangguniang Baran,ga y, '( ti:G , Sec. 45).

0: To which party should the no -~w_,_.,.. m?

ANS: Except for the Songgun [an st be nominated by the
same political party as that af the used the vacancy and
shall serve the unexpired t e-rm of the v /an member does not
1
belong to any political pqrf.y, f he local · utiv a qualified person,
upon recommendation o·' t ~.e ~s ; ngg nee f vacancy in the
representation of the y:outh ,o'f-ia >.the b in it shall be filled
automatically by t,lre offici al next in ran rg ________ed (LGC, Sec. 45).

0: What are the rules of s~i;C'esSif?i'l, in c

the local chief exectdi;v.e? I
ANS: In coses of temporary vacandes i ·• t e office of the local chief executive, the
following ,
persons shall ex ercise f !,e functio s-,o

Governor, mayor, or Punong'!ba'!!,11gay Vice-Governor, Vice-Mayor, or the highest

is temporarily incapacitStcM to
perform his duties for physjcal or legal
reasons such as, but not limited to
leave of absence, travel abroad, or
suspension from office.
Travel within the country but outside
histerritoriol jurisdiction for a period
not exceeding 3 consecutive days.
The local chief executive concerned
fails or refuses to issue such
authorization.
rank ing Sanggunlang barangay member1
automatlcally -exercise powers and
pe rform du t ies and functions of the local
thief exe cutive concerned, except ·the
power to op'polnt, suspend, or d ismiss
employees con only be exercised if the
p e ri,od of tempor a r y incapacity exceeds
30 working days.
He may designate in writing the officer
incharge for the said office.
Vice-governor, vice -mayor, or the highest
ranking Sangguniang barangay members
shall assume the powers, duties and
functions of said office on the 4th day of
absence of the said local chief executive.
198 BEDAN RED BOOK Volume 1. Series of 2023.

0: What arll the grounds for disciplinary action against an elllctive official? (DCD-
MA-15-FO)
ANS: An elective local official may be disc iplined, suspended, or removed from office
on any of the following grounds:
l. _12i sloyalty to the Republic of the Philippines;
2. Culpable violatlon of the C.onstitution;
3. _12ishonesty, oppression, misconduct in office, gross negligence, or dereliction
of duty;
4. Commission of any offense Involving Moral turpitude or an offense
punishable by at least prision mayor;
5. Abuse of authority;
6. Unauthorized absence for ll consecutive working days. except in the case
of members of the sangguniang pan/a/owigon, sangguniang panlungsod,
songguniang bayan, and sangguniong barangay;
7. Application for, or acquisition of, foreign citizenship or residence or the
status of on immigrant of another country; and
8. Such Qther grounds as may be provided in the LGC and other laws (LGC,
Sec. 60).
0: Who has jurisdiction to hllar administrative complaints against an elective
official?
ANS: A complaint shall be ·
l. A complaint province, a highly urbanized
city, on ind t city shall be filed before
the Offic
2. A compl 'cipality shall be filed
before may be appealed to
the 0
3. A com ec,tlve bar II be filed before the
song or, sangguni rned whose decision
shall ry- ([GC, '$e
Q: Who has the vel'.ltive'sus ive officials? (PGM)
ANS: The followi :
l. The _e fa province, a highly
urban
2. The _G of a component city
or mu
3. The .M the barongay (LGC,
Sec. 63,
,I

0: When may preventive su s on , I!'!PO e

ANS: Preventive suspension may be--im~o,cw-a any time after the issues ore joined,
when the eYidence of guilt is strong, and given the gravity· of the offense, there is great
probability that the continuance in office of the respondent cou ld influence the
witnesses or pose a threat to the safety and Integrity of the records and other evidence
(LGC, Sec. 63. Par. l(b)).

0: What ore the limitations on the imposition of preventive suspension?

ANS: The following are the limitations:
l. Any single preventive suspension of local elective officials shall not extend
beyond 60 days; and
2. In the event that several admin istrative cases are filed against an elective
official, he cannot be preventively 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 (LGC, Sec. 63, Par. l(b)).

0: What is thll effect of the expiration of preventive suspension against an elective

official?
ANS: 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 (LGC, Sec. 63, Par. l(c)).
Volume 1. Series of 2023. BEDAN RED BOOK 199

0: Who has the power to remove elective officials?

ANS: An elective local official may be removed from office on the grounds enumerated
under Sec. 60 of the LGC by order of the proper court (LGC, Sec. 60, Par. 2). Section
60 of the LGC conferred upon the courts the power to remove elective local officials
from office. Congress clearly meant that the removal of on elective local official be
done only after a trial before the appropriate court, where court rules of procedure and
evidence can ensure impartiality and fa irness and protect against political
maneuverings (The Sangguniong Barangoy of Don Mori,o no Morcos v. Mortinez, G.R.
No. 170626, Morch 3, 2008).

0: When should appeals be filed?

ANS: Decisions in administrative coses may, within 30 days from receipt thereof, be
appealed (LGC, Sec. 67).

0: Where should appeals be filed?

ANS: The appeal shall be filed before:
1. The songguniang panlalawigan, in the case of decisions of the sanggunlang
pan/ungsod of component cities and the sangguniang bayan; and
2. The Office of the President, in the case of decis ions of the songguniang
pan/a/aw/gan and the sanggunlang panlungsod of highly urbanized cities
and independent component ci,ties (LGC, Sec. 67). Decisions of the Office of
the President shall be final am
xecutory (LGC. Sec. 67).

0: What law governs the adminis.i pline of appointive officials?

ANS: Investigation and odjudicatl' ratlve complaints against appointive
local officials and employees as pe d removal shall be fn
accordance with the civil service lo, h!i ent lows. The results of
such administrative investigati9~ s lt LGC, Sec. 84).

0: Under what lnstancii ay a local hief executiv ventively suspend an

appointive official?
ANS: The local chief el(~cutjves may prev. tively suspe d ·o r period not exceeding
60 days and subordinate offiGiol or en,plo e under his uth rit ending investigation
if the charge ogaiff~} such,effkial or erripli e involves ish nest oppression or grave
misconduct or ne I et in,,ihe p~ rformance duty, o , h · r on to bel ieve that
the respondent is guilty of the,charg~ whi , ould we i:ont hfs.r.it oval from the service
(LGC, Sec. 85, par. (er)), '
I
0: What is the effect of t"• expiratl of reventive suspension against an
appointive official?
ANS: Upon expiration of t~e preventive~us penston, he~ pended official or employee
shall be automatically rein,_,~1oted h office without prejudice t o the continuatio n of the
adm inistrative proceedings q,gi:ilpst h.im until Its iermlnation. If the delay In the
proceedings of the cose is due-to the fault, neglect or request of the responden t, the
time of the delay shall not be counted in compuHng the peri od of suspension (LGC, Sec.
85, par. (b)).

0: What are the penalties that may be imposed by the local chief executive?
ANS: Except as otherwise provided by law, the local chief executive may impose:
1. Penalty of removal from service;
2. Demotion in rank;
3. Suspension for not more than 1 yea r without pay; ·
4. Fine in on amount not exceeding 6 monfhs salary; or
5. Rep ri mand ond otherwise discipline subordinate officials and employees
under his jurisdiction (REV. ADM. CODE, Book V. Title I-A, Sec. 46, par. (d)).

Note: If the renalty imrosed is suspension without pay for not more than 30 days, his
decision sh al be final . I .the penalty imposed is heavier than suspension of 30 days, the
decision shall be oppealable to the CSC, which shall decide the appeal within 30 days
from receipt thereat (LGC, Sec. 87).
200 SEDAN RED BOOK Volume 1. Series of 2023 .

RECALL
0: What is recall?
ANS: Recall is the termination of official relationship for loss of confidence prior to
the expiration of his term through the will of the people (NACHURA, supra at 626).

0: Who exercises the power of recall? -

ANS: The power of recall for loss of confidence shall be exercised by the registered
voters of o local governmen t unit to which the local elective official subject to such recall
belongs (LGC. Sec. 69).

0: How mayo recall be initiated?

ANS: The recall of any elective provincial, city, municipal, or borongoy official con only
be corr:imenced by o petition of o registered voter in the LGU concerned and supported
by the registered voters in the LGU concerned during the e lection in which the local
officia l sought to be reca lled was elected (LGC, Sec. 70, as amended by R.A. No. 9244).
Note: R.A. No. 9244 eliminated the preparatory reca ll assembly (PRA) as o mode of
instituting recall of elective local government ofticiols. Before R.A. No. 9244, recall may
be initiated either by a PRA or by the registered voters of the LGU.

0: When shall the recall election toke place?

ANS: Upon the filing of o valid petjtion fo.r recall with the app ropri ate local office of
the COM EL EC, the COMEL ECor rh d ly ;aui:Jh zed representative shall set the date
of the election or recall, whjan shqlll not b_e lc{re t ' ai;i. '50 days upon the completi~n of
t he procedure outlined i@ •'S'~c. 70, OS amend , n fhe' cq__se of the barangoy, city or
municipal officia ls, ond~45 doj in the case of p ovi11c'1'9I officials (LGC Sec. 71 as
amended by R.A. No. 13«f
~., I f
---- ,<
<-. . .
0 : What is the effect on'offia,ols sought to' be re olle
ANS: The official i ougl-11 to be recol le_d shall 9\lf mo't cul b e considered as duly
registered candida ~~r ~trndid tes to the pertinei;it ?}>sltio s nd, like other cand idates,
shall be entitled to be p ted up'on (LGC: Sec. 7-1.). '/ -j
0: When shall o rrcol! ok~ eff ct?
I'
-
j\rv .
1
,
ANS: Recall shall ~ · ~ ff'ect1 vg;:9 nly upon 11tb·e i.:leoti6Q ncj pr c;l motion of o successor
in the person of th condi,date ,r~eiving~'he l,ig'hes t nu 1 er o votes cast during the
election on recall. SHould th~ off.icipl.--so.u ht t .16e-~~colJ d rece-ive the highest number
of votes, confidence in him is thereb cl irr:ned and he sha ll continue in office (LGC
Sec. 72) . .i I I ·,, \ \ !... ,,,. , '
I -
a: Moy O local elective O fi ~i~ (r,~sign during th • r:e}dn process?
ANS: No. An elective local offici.allsoug~'t/l l'l~e r~i;d!led sliall not be allowed to resign
while the recall process is in prog re~s (LG , ec. 73).

0: What ore the limitations on the exercise of recall?

ANS: Any elective local official may be subject of a recall election only once during his
term of offic e for loss of confidence, and no recall shall toke place within 1 year from
the date of the official's assumption to office or one year immediately preceding a
regular local e lection (LGC, Sec. 74) .
Volume 1. Series of 2023. BEDAN RED BOOK 201

TERM LIMITS
0: What are the rules with regard to the three-term limit rule?
ANS: The following table provides for the summary of the three-term limit rule.

To count as a term, one must have both

been elected for the term and serve
such term fully (Borja v. COMELEC,
G.R. No.133495, September 3, 1998).

a voluntary Allows the severance to effectuate

renunciation of prior renunciation prior succession (Montebon
office v. COMELEC, office G.R. No. 180444,
April 8, 2008) .

IF unsea ted ofter the Ma no9ed to serve the term from start
service of the Full to finis h (Ong v. Alegre, G.R. No. 163354,
term; not co nsid ered January 23, 2006; see also Rive ra Ill v.
interrup tion COMELEC, G.R. No. 1677591, May 9,
2007).

The period se rvid by e proclai med winner was deemed a

the u nseated officer te citiz war ning his heels while
is considered o r\' ome of his protest
interru p tiqn to t~·e EC. G.R. No. 201716,
servic~ of the dJly
proc laimed winne r
Ser.vice of the by defeat in a
rema iriing term not n shall prevent
co unte d i11 the 3 -ter m being counted
ba r , G.R. No.147927,

n in the preceding
b ut win ning in the recall
es no t count as election
for the purposes of the
rnle (Socrates v. COMELEC, G.R. No.
154512, November 12, 2002).

an No break in service as local chief

interruption executive (Latasa v. COMELEC, G.R.
No. 154829, December 10, 2003).

considered an Suspended officer continues to hold the

interruption position, but only barred from
dispensing its functions (Aldovino, Jr. v.
COMELEC, G.R. No. 184836, December
'23, 2009).

If unseated during Not d eemed elected for the said term

the same term; (Lonzonida v. COMELEC, G.R. No.
considered on 135150, July 28, 1999).
interruption
202 BEDAN RED BOOK Volume 1. Series of 2023.

0: What is the term of office of local elective officials?

ANS: The term of office of elective local officials. except barangay officials, which shall
be determined by law, shall be 3 years and no such official shall serve for more than 3
com,ecutive terms. Voluntary renunciation of the office for any length of time shall not
beconsidered as an interruption in the continuity of hisser.vice for the full term for which
he was elected (CONST. Art. X, Sec. 8).

The term of office of Barangay and Sanggunian Kabataan elective officials shall be
3years (R.A. No. 9164, Sec. 2, R.A. No. 10742, Sec. 11).

0: What is the three-term limit rule?

ANS: After three consecutive terms, an elective local official cannot seek immediate
reelection for a fourth term. The prohibited election refers to the next regular election
for the same office following the end of the third consecutive term (Abundo, Sr. v.
COMELEC,G.R. No. 201716, January 8, 2013).

0: When does the three-term limit rule apply?

ANS: The three-term limit applies to bar an election for a 4th consecutive term when:
1. The local official has been elected in re!;jular election, for 3 consecutive
p_receding terms, for the some position; and
2. He hos fully served the three consecutive terms for which he had been elected
3. (Borja v. COMELEC, G.R. · ber 3, 1998).

0: What is the effec · uity of service?

ANS: Voluntary re of time shall not be
considered as an In full term for which the
elective officialcon