R.A. 7160 The Local Government Code of 1991.

. From the LGC of 1983, the following pertinent provisions were added: 1) 2) 3) 4) 5) 6) Operative principles of decentralization Authority by Congress or any political subdivision to create, divide, merge, abolish or alter boundaries Emphasis on general welfare and imposition of basic services and facilities on political subdivisions Reclassification of lands Authority of LGUs to secure and negotiate grants Creation of Local Prequalification, Bids and Awards Committee Other procedural and technical changes Article X, Section 9 and Article XVIII, 1987 Constitution a.1 Article X, Section 10 No province, city, municipality or barangay may be created, divided, merged abolished or its boundaries substantially altered, except in accordance with the criteria established in the local government code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected. NOTE: Read the whole of Article X of the 1987 Constitution as well, as it refers to local, governments in general. It contains 21 sectors. Also Prof. Ulep must have meant Season 10 and not 5 in his outline. a. 2 Article XVIII, Sec. 8 - Unless otherwise provided by Congress, the President may constitute the Metropolitan Authority to be composed of the heads of all local government units comprising the Metropolitan Manila Area. Article XVIII, Sec. 9 A sub-province shall continue to exist and operate until it is converted into a regular province or its component municipalities are reverted to the mother province. Local Government Unit Defined Definition: A political subdivision of the state constituted by law and possessed a substantial control over its own affairs. Supporting Definition: The LGU is autonomous in the sense that it is given more power authority, responsibilities and resources remaining to be an intra sovereign subdivision of a sovereign nation, but no intended to be an imperium in imperia state within a state f. 1 Alvarez v. Guingona, Jr. 252 SCRA 695 Facts: Senator Heherson Alvarez, et. al. filed a petition for prohibition with prayer TRO and preliminary prohibitory injunction assailing R. A. 7720, Said R. A. provides for a conversion of the municipality of Santiago, Isabela into a City. Alvarez said the municipality of Santiago failed to meet the requirement of Sec. 450 of the LGC that, for a municipality to become a component city, it must have an annual income of P20M. The reason is that in the computation of the average annual income, the Internal Revenue Allotments (IRA) should have been deducted from the total income. Instead, the IRAs were added to the total income. Held: Alvarez is wrong. IRAs are the local government units rightful share to the national taxes. Section 450(c) of the LGC provides that the average annual income shall include the income accruing to the general fund, exclusive of special funds, transfers, and any recurring income. IRAs are a regular, recurring source of income; they are not special funding transfers since Sec. 17(g) of the LGC gives a technical description for the IRA for purposes of the LGC Local Autonomy explained 1. Autonomy either decentralization of administration or decentralization of power (Limbona v. Mangelin) 2. Decentralization of Administration Occurs when the central government delegate administrative powers to political subdivision in order to broaden the basic government power and in the process to make local government more responsive accountable and Ensure their fullest development as self-reliant communities make them more effective partners in the pursuit of national development and progress. At the same time, it relieves the central government of the bureau managing local affairs and enables it to concentrate or national concerns (Supra) 3. Decentralization of power An abdication of political power in favor of local government units declared to be autonomous. In that case the local government is free to chart its own destiny and shape its future with minimum intervention from central government authorities. According to a constitution author (Father Bernas) decentralization of power amounts to self-immolation since in that event, the autonomous government becomes accountable not to the central authorities but to its own constituency (Supra) 4. Local Autonomy, Philippine Concept The national government does not completely relinquish all its power over local governments, including autonomous regions. Only administrative powers over local affairs are delegated to political subdivisions. The purpose of the delegation is to make governance more directly responsive and effective at the local levels. In turn, economic, political and social developments at the smaller political units are expected to propel social and economic growth and development. But to enable the country to develop as whole the programs and policies effected locally must be integrated and coordinate towards a common national goal. Thus, policy-setting for the entire country still lies in the President and Congress. In Magtajas v. Pryce Properties Corp. Inc., municipal governments are still agents of the national government (Pimentel v. Aguirre) 5. Fiscal autonomy Local government have the power to create their own sources of revenue in addition to their equitable share in the national taxes released by the national government, as well as the power to the allocate their resources in accordance with their own priorities. Sec. 1, Chapter 1, Title XII, E. O. 292 Declaration of policy. The State shall ensure the autonomy of local governments. For this purpose, it shall provide for a more responsive and accountable local government structure instituted through a system of decentralization. The allocation of powers and resources to loose government units shall be promoted and inter-local government grouping, consolidation a coordination of resources shall be encouraged. The state shall guarantee the local government units their just share in national taxes and their equitable shares in proceeds from the use natural resources, and afford them wider latitude for resource generation. Public Corporation defined Definition 1: Those formed or organized for the government of a portion of the State (Act 1459, Sec.2)

Definition 2: Those corporations created by the State as its own device and agency for the accomplishment of parts of its own public works (Eliot, Mun. Corp. p. 1) Essential Elements of a Municipal Corporation 1) A legal creation or incorporation 2. A corporate name by which the artificial personality or legal entity is known and in which all corporation acts are done. 3) Inhabitants constituting the population who are invested with the political and corporate powers which are executed through duly constituted officers and agents; 4) a place or territory within which the local civil government and corporate functions are exercised (Martin, Pub. Corp., 1971) Two fold character of a municipal corporation; its significance 1) Government the municipal corporation is an agent of the State for the government of the territory and the inhabitants within the municipal limits. The municipal corporation exercises by delegation a part of the sovereignty of the State. 2) Private the MC acts in a similar category as a business corporation, performing functions not strictly government or political. The MC stands for the community in the administration of local affairs w/c is wholly beyond the sphere of the public purposes for which its governmental powers are conferred CREATION AND ABOLITION OF MUNICIPAL CORPORATION Sec. 6, LGC: Authority to create Local Government Units. A local government unit may be created divided, merged, abolished or its boundaries substantially altered either by law enacted by Congress in the case of a province, city, municipality or any other political subdivision of by ordinance passed by the Sangguniang Panlalawigan or Sangguniang Panlungsod concerned in the case of a barangay located within its territorial jurisdiction, subject to such limitations and requirements prescribed in this Code. A. Requisites for creation of Local Government Units 1. Income. It must be sufficient based on acceptable standards, to provide for all essential government facilities and services and special functions commensurate with the size of its population, as expected of the LGU concerned. 2. Population. It shall be determined as the total number of inhabitants of the within the territorial jurisdiction of the LGU concerned. 3. Land Area. It must be contiguous unless it comprises 2 or more islands or is separated by an LGU independent of the other properly identified by metes and bounds with technical descriptions and sufficient to provide for such basic services and facilities to meet the requirements of its populace. Compliance with the foregoing indicators shall be arrested by the Department of Finance, the NSO and the Land Management Bureau of the DENR. How are existing sub-provinces converted to provinces? * Sec. 10 LGC: Plebiscite Requirement. No creation, division, merger, abolition or substantial alteration of boundaries of LGUs shall take effect unless approved by a majority of the voted cast in a plebiscite called for the purpose in the political unit or units directly affected. Said plebiscite shall be conducted by the COMELEC within 120 days from the date of effectivity of the law or ordinance effecting such action, unless the law or ordinance fixes another date. * Sec. 462 LGC: Existing Sub-provinces Existing sub-provinces are hereby converted into regular provinces upon approval of the voters cast in a plebiscite to be held in the said sub provinces and the original provinces directly affected. The plebiscite shall be conducted by the COMELEC simultaneously with the national elections following the effectivity of this code. The new legislative district created as a result of such conversion shall continue to be represented in Congress by the duly elected representatives of the original districts out of which said new province or districts were created unit their own representative shall have been elected in the next regular congressional elections and qualified The incumbent elected officials of the said sub-provinces converted into regular provinces shall continue to hold office until June 30, 1992. Any vacancy occurring in the offices occupied by said incumbent elected officials, or resulting from expiration of resulting from expiration of their terms of office in case of negative votes in the plebiscite results, shall be filled by appointment by the President. The appointees shall hold office until their successors shall have been elected in the regular local elections following the plebiscite mentioned herein and qualified. After effectivity of such conversion, the President shall fill up the position of governor of the newly created province through appointment if none has yet been appointed to the same as hereinbefore provided, and shall also appoint a vice governor and other members of the Sanggunian Panlalawigan, all of whom shall likewise hold office unit their successors shall have been elected in the next local election and qualified. All qualified appointive officials and employees in the career service of the said sub-provinces at the time of their conversion into regular provinces shall continue in accordance with civil service law, rules and regulation. Conversion of a component city into a highly urbanized city and reclassification (implementing Rules and regulations, LGC). * Art 12 Conversion of a component city into a highly urbanized city a) Requisites for conversion. A component city shall not be converted into a highly urbanized city unless the following requirements are present: 1. Income latest annual income of not less than P50M based on 1991 constant prices, as certified by the city treasure. The annual income shall included the income accruing to the general fund exclusive of special funds, transfers and non-recurring income and 2. Population, which shall not be less than 200,000 inhabitants as certified by NSO. b) Procedure for conversion: 1. Resolution. The interested component city shall submit to the office of the President a resolution of its Sanggunian adopted by a majority of all its members in a meeting duly called for the purpose, and approved and endorsed by the city mayor. Said resolution shall be accompanied by certifications as to income and population 2. Declaration of conversion. Within 30 days from receipt of such resolution, the President shall, after verifying that the income and population requirements have been met, declare the component city as highly urbanized 3. Plebiscite. Within 120 days from the declaration of the President or as specified in the declaration, the COMELEC shall conduct a plebiscite in the city proposed to the converted such plebiscite shall be preceded by a comprehensive information campaign to be conducted by the COMELEC with the assistance of national and local government officials, media, NGOs and other interested parties.

c) Effect of conversion The conversion of a component city into a highly-urbanized city shall make it independent of the province where it is geographically located Reclassification (See cases below and III-e) Classification of provinces, cities and municipalities (Read E.O. 349) This act is entitled providing for a new income classification of provinces, cities and other municipalities Pertinent provisions include: Sec. 1. Classification of provinces and cities. Provinces and cities except Manila and Quezon City, which shall be considered as special class cities, are hereby divided into 6 main classes according to the annual average income they actually realized during the last 4 calendar years immediately preceding as follows: a) First class P30M or more b) Second class P20M-P30M; c) Third class P15M-P20M; d) Fourth class P10M-15M, e) Fifth class P5M-10-M; f) Sixth class less than P5M Sec. 2. Classification of Municipalities x x x according to the annual average income they actually realized during the last 4 calendar years immediately preceding as follows; a) First class, P15M or more b) second class, P10M-15M c) Third class, P5M-10M d) fourth class P3M-P5M e) Fifth class, P1M-3M f) Sixth Class, less than P1M. Sec. 3. Period of General Reclassification of Province, Cities and Municipalities. Upon the effectivity of this E.O. and for each period of 4 consecutive calendar years thereafter, the Secretary of Finance shall reclassify the all provinces, cities, except Manila and Quezon City, Which shall remain as special class cities, and municipalities, on the basis of the foregoing schedules of the average annual income of each province, city or municipality derived during the last 4 consecutive calendar years immediately such reclassification according to the provisions hereof. Sec. 4. Definition of Terms. As used this E.O. a. Annual Income revenues and receipts realized by provinces, cities and municipalities from regular sources of the local general and infrastructure funds including the internal revenue and specific tax allotments provided for in PDs 144 and 436, both as amended but exclusive of nonrecurring receipt, such as other national ads, grants, financial assistance, loan proceeds, sales of fixed assets and similar others b. Average annual income- sum of the annual income- sum of the Annual Income as herein defined actually obtained by a province, cities and municipalities. Sec. 5 Use of income classification of provinces, cities, and municipalities. xxx as basis for: a) Fixing of maximum tax ceiling imposable by the local government b) Determination of statutory and administrative aids, Financial grants and other forms of assistance to local government c) Establishment of salary scales and rates of allowances per diems, and other emoluments that local government officials and personnel may be entitled to d) Implementation of personnel policies on promotions, transfers, details or secondment, and related matters at the local government levels e) formulation and execution of local government budget policies and f) Determination of the financial capability of local government units to undertake development programs and priority projects NOTE: There are 7 more sections, mainly on salaries and taxes- you know, ways to put more money into the pocket of our bureaucrats Settlement of boundary disputes( Sec. 118, LGC, Sec 15-19, IRR) * Section 118. Judicial Responsibility for settlement of Boundary Dispute. Boundary dispute between and among LGUs shall, as much as possible. Be settled amicably. To this end: a. Boundary disputes involving 2 or more barangays in the same city or municipality shall be referred for settlement to the Sangguniang Panlungsod Sangguniang Bayan concerned. b. Boundary disputes involving 2 or more municipalities within the same province shall be referred for settlement to the Sangguniang Panlalawigan concerned. c. Boundary dispute involving municipalities or component cities of different provinces shall be jointly referred for settlement to the Sangguniang of the province concerned. d. Boundary dispute involving a component city or municipality on the one hand and a highly urbanized city on the other or 2 or more highly urbanized cities, shall be jointly referred for settlement to the respective Sangguniang of the parties e. In the event the Sangguniang fails to present an amicable settlement within 60 days from the date the dispute was referred thereto, it shall issue a certification to that effect. Thereafter the dispute shall be formally tried by the Sangguniang concerned which shall decide the issue within 60 days from the date of the certification referred to above. *Sec. 15 definition and policy. There is a boundary dispute when a portion or a whole of the territorial area of an LGU is claimed by 2 or more LGUs. Boundary disputes between or among LGUs shall, as much as possible, be settled amicably. * Sec.16 Jurisdictional Responsibility. Boundary disputes shall be referred for settlement to the following: a. Sangguniang Panlungsod or Sangguniang for those involving 2 or more barangays in the same city or municipality as the case may be. b. Sangguniang Panlalawigan for those involving 2 or more municipalities with in the same province. c. Jointly, to the Sanggunian of provinces concerned, for those involving component cities or municipalities of different provinces. d. Jointly, to the respective Sangguniang for those involving a component city or municipality and highly urbanized city of 2 or more highly urbanized cities. * Sec. 17 Procedures for settling Boundary Disputes they are 1) filing of petition 2) contents of petition 3) documents attached to petition (e.g. provincial, city or barangay map as the case may be technical description of the boundaries of the LGUs concerned 4) Joint hearing 5) failure to settle amicably (a certification shall be submitted to the effect 6) Decision 7) Appeal (To the proper RTC) *Sec 18. Maintenance of Status Quo. Pending final resolution of the dispute, the status of the affected area prior to the dispute shall be maintained and continued for all purposes. * Sec 19. Official Custodian. The DILG shall be the official custodian of all documents on boundary disputes of LGUs. Naming of LGU naming of LGUs and public places, streets and structures

1. 2. 3. 4. 5.

* Sec 13, LGC, Art 20-23, IRR a. The Sangguniang Panlalawigan may in consultation with the Philippine Historical Commission (PHC), change the name of the following within territorial jurisdiction: Component cities and municipalities upon the recommendation of the Sangguniang concerned. Provincial roads, boulevards, avenue, thoroughfares and bridges Public vocational or technical school and other post-secondary and tertiary schools Provincial hospitals, health centers and other health facilities Any other place or building owned by the provincial government. b. The Sangguniang of highly urbanized cities and of component cities whose charters prohibit their voters from voting for provincial electrical officials, hereinafter referred to in this code as independent component cities may in consultation with the PHC change the name of the following within its territorial jurisdiction: 1. City barangays, upon the recommendation of the Sangguniang barangay 2-5 essentially the same as (a) nos. 2-5 above except only to those within its concerned. territorial jurisdiction.

c. The sanggunians of component cities and municipalities may, in consultation with its territorial. d. None of the foregoing LGUs institutions, places, or buildings shall be named after a living person nor a change of name be made unless for a justifiable reason and in any case not oftener than once every 10 years. The name of an LGU or a public place, street or structure with historical, culture or ethic significance shall not be changed, unless by a unanimous vote of the sanggunian concerned and in consultation with the PHC. e. A change in name of a public school shall be made only upon the recommendation of the local school board concerned. f. A change in name of public hospitals, health centers, and other health facilities shall be made only upon the local board concerned. g. In any change of name, the office of the president, the representative of the legislative district concerned and the bureau of posts shall be notified. Note: Letters (d) to (b) are the limitations in the change of name of a local government unit institution or places or buildings. * Art. 20-22 IRR These articles are essentially copied from sec 13 (a) (b) and (c),LGC See for yourself * Art.23, IRR Guidelines and limitation a. No name of LGUs, public places, street and structures with historical, culture or ethnic significances shall be changed, unless with unanimous vote of the sanggunian and in consultation with the National Historical Institution (NHI). b. No change in the name of an LGU shall be effective unless ratified in a plebiscite called for that purpose. c. Naming shall be subject to the following conditions: 1. Naming after leaving person shall be not followed. 2. A chance in the name shall only be for a just able reason. 3. Any change shall not be made more than once every ten years. 4. A chance in name of a local public school shall be made upon the recommendation of the school board. 5. A chance in name of local public hospital, health center and other health facilities only upon the recommendation of the local school board. 6. The whole line of the street shall have only. 7. The name of the family in a particular community whose members contributed significantly to the welfare of the Filipino people maybe used. d. The office of the president, the representative of the legislative district concerned, and the postal service shall be notified of any change in name of LGUs, public places, streets and structures Rules of interpretation, (Sec 5, LGC) *Sec. 5. Rules of Interpretation. In the interpretation of the provisions of this Code, the following rules shall apply: a. Any provision on a power of local government shall be liberally interpreted its favor, and in case of doubt, any question thereof shall be reserved in favor of devolution of powers and the lower LGU. Any and reasonable doubt as to the existence of the power shall be interpreted in favor of LGU concerned. b. In case of doubt, any tax ordinance or revenue measure shall be construed strictly against the LGU enacting it, and liberally in favor of the tax buyer. Any tax exemption, relief of incentive granted by any LGU pursuant to the provisions of this code shall be construed strict against the person claiming it. c. The general welfare provision of this code shall be liberally interpreted to give more powers LGUs in accelerating economic development and upgrading the quality of life for the people in the community. d. Rights and obligations existing on the effective of this code and a rising out contact or any other source of presentation involving an LGU shall be governed by the original terms conditions of contracts or the law in force at the time such rights were vested. e. In the resolution of controversies arising under this code where no legal provision of jurisprudence applies, resort may be had to the customers and traditions of the place where the controversies took place. h.1 Principle of devolution (See Sec 17 [4] (c) and (i) LGC} * Sec 17, LGC. Basic Services and Facilities. a. LGUs shall endeavor to be self-reliant and shall continue exercising the powers and discharging the duties and functions currently vested upon them. They shall also discharge the functions and responsibilities of national agencies and offices devolved to them pursuant to this code. Local government shall likewise exercise such other powers and discharge such other functions and responsibilities as are necessary appropriate or incidental to efficient and effective provision of the basic services and facilities enumerated herein; [4] For a city All the services and facilities of the municipally and province, and in addition thereto, the following: a. Adequate communication and transportation facilities. b. Support for education, police and fire services and facilities

b. National agencies or offices concerned shall devolve to LGUs the responsibility for the provision of basic service and facilities enumerated in this section within six months from the effect of this code As used in this code the term devolution refers to the act by which the National Government confers power and authority upon the various LGUs to perform specific functions and responsibilities. c. The devolution contemplated in this Code shall include the transfer to LGUs of the records ,equipment, and other assets and personnel of national agencies and offices corresponding to the develop powers, function and responsibilities personnel of said national agencies or office shall be absorb by the local government units to which they belong or in whose areas they are assigned to the extend that it is administratively viable as determined by the said oversight community Provided, That the right accorded to such personnel pursuant to civil service law, rules of similar regulation shall not be impaired Provided for their, That regional directors who are career service executed officers and other officers of similar rank in the said regional offices who cannot be absorbed by the LGU shall be retained by the National Government, without any revolution of rank, salary or tenure. POWERS OF MUNICAL CORPORATION (MC) A. Sources of Power 1. Constitution of a state 2. Statutes of a state including a) those applicable to all municipal corporation or to the class to which the particular municipal corporation belongs and b) special act of the legislature, as far as authorized, applicable to the particular municipal corporation. 3. The charter 4. Doctrine of inherent right of self-government with respect to certain municipal matters (applicable to states which adhere to it). B. Classification of Power 1.) Express, implied and inherent power a. Express - those granted in express word by the special charter or the general law under which corporation is organized. b. Implied- those granted which arise by natural implication from the granted of express power or by necessary inference from the purposes or function of the corporation (e.g. an ordinance to prevent fires necessarily carries with it the authority to chase fire trunks). c. Inherent-those which are necessary and inseparable from every corporation, and which come into existence as a matter of course as soon as an MC is created they are: 1. To have perpetual succession 2. To sue and be sued, implead, grant and receive by its corporation name and other acts as a judicial person 3. To make by laws and ordinances for the government of the corporation. 4. To make and ordinance for the government of the corporation. Note: Usually these so-called inherent powers are expressly provided in MCs charter. 2.) Legislative and executive powers a. Legislative authority to make laws b. Executive authority to enforce laws NOTE: The test to determine what is legislative and what is administrative is already in existence. The former is legislative; the latters executive.

whether the ordinance is one making a new or one executing law

3.) Intramural and extramural powers 1.) Intramural those exercised within the corporate limits of a municipal corporation. 2.) Extramural those exercised without like those given for the protection of water supply, prevention of Nuisance, and also for police purposes. 4.) Governmental and municipal powers 1.) Governmental those exercised by the corporation in administering the powers of the state and promoting the public welfare within. They include those which are legislative, judicial, public and political. Specific examples are: Administration of justice, police power; eminent domain; promotes public education; fire prevention and safety; and all other powers to be exercised by the MC as an agent the State, for the benefit of the public or of the exercise of which the corporation receives consideration. 2.) Municipal those exercised for the specified benefits and advantage of the urban community and they include those which are ministerial, preemptory, private and corporate plans of which the corporation receives no compensation. 5.) mandatory and discretionary powers a.) Mandatory those the exercise of which are required of municipal corporations. b.) Discretionary those which the corporations may perform or not depending upon own judgment and discretion. Kinds of Powers A. Police Power (General Welfare Clause) and the limitations on the exercise (Sec. 16, LGC) 1. Police Power the power to prescribe regulations to promote health, moral, peace, education, good order or safety and general welfare of the people. It is the most essential insistent and illimitable of power. It is elastic and must be responsive to various social conditions. Police power is inherent in the State but not in municipal corporations. In order that a municipality corporation may exercise police power, there must be a legislative grant which necessarily also sets limits for the exercise of the power. 2. General Welfare Clause (Sec. 16, LGC) Every LGU shall exercise the power expressly granted, those necessarily implied there from, as well as the powers necessary, appropriated incidental for its efficient and effective governance, and those which are essential to the promotion of general welfare. Within their respective territorial jurisdictions, LGUs shall ensure and support among other things, he preservation and enrichment of culture, promote health and safety, enhance the right people to balanced ecology, encourage and support the development of appropriate the self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order and preserve the comfort and convenience of their inhabitant. 3. Limitations on the exercise - a police power measure may be struck down as invalid if it does not meet tests a.) The interest of the public generally, as distinguish from those of a particular class, requires the exercise of the police power and b.) The means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals. B) Eminent Domain

1. Requisites for the Exercise *Sec. 19, LGC Eminent Domain, An LGU may, through its chief executive, and acting pursuant to an ordinance, exercise the power of eminent domain for public use or purpose or welfare for the benefits of the poor and landless upon payment of just compensation pursuant to the provision of the Constitution and pertinent laws: provided however that the power of eminent domain may not be exercised unless a valid and definite offering has been previously made to the owner and such offer was not accepted. Provided further , that the LGU may immediately take possession of the property upon the filing of expropriation proceeding and upon making a 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. Provided finally that 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. *Art 32.IRR Eminent Domain when exercise a) an LGU may through its chief executive and acting pursuant to an ordinance exercise the power of eminent domain for public use purpose welfare of the poor and landless upon payment of just compensation, pursuant to the provision the Constitution and pertinent laws b) The power of eminent domain may not be exercised unless a valid and definite offer has been previously made to the owner and such offer was not accepted. *Art, 36 IRR a) if the LGU fails to acquire private property for public use purpose or welfare through purchase, LGU may expropriate said property through a resolution of the Sangguniang authorizing its chief executive to initiate expropriation proceeding b) The local chief executive shall cause the provincial, city or municipal attorney concern or: in his absence , the provincial or city prosecutor to file expropriation proceeding in the proper court in accordance with rule of Court and other pertinent laws c) The LGU may immediately take possession of the property upon the filing expropriation proceeding and upon making a 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 *Art 37, IRR Payment. The amount to be paid for the expropriated property shall determined by the proper court based on the fair market value at the time of the taking of the property. *Rule 67, 1997 Rules of Civil Procedure This rule consists of 14 sections enumerating the procedure to be followed in eminent domain. Briefly the rule enumerates the following section: 1) The Complaint 2) entry of plaintiff depositing value with National or provincial Treasure (but this section No. 2 has been repealed by P.D. No. 42) 3) defenses and objection 4) order of condemnation 5) ascertainment of compensation 6) proceeding by commission 7) report by commission and judgment thereupon 8) action upon commissioner report 9) uncertain ownership/conflicting claim 10) right of plaintiff after judgment and payment entry not delayed by appeal, effect of reversal 12) cost, by whom paid 13) recording, payment and its effect 14) power of guardian in such proceedings. P.D. No.42 in a relation to Section 2 of Rule 67, effectively removes the discretion of the counting determining the provisional volume. What is to be deposited is an amount equivalent to the assessed value for taxation purposes. No hearing is required for the purpose. All that is needed is noticed to the owner of the property sought to be condemned. NOTE: So that you dont have to bother reading the crappy 14 sections enumerated in Rule 76, lets use instead the summary given by the Court regarding the 3 stages of every action of expropriation in NAPOCOR v. Jocson: 1) The first is concerned with the determination of the authority of the plaintiffs to exercise the power of eminent domain ant the property of its exercise in the context of the facts involved in the suit. It ends with an order if not of dismissal of the action, of condemnation declaring that the plaintiff has a lawful right to take the property sought to be condemned, for the public use or purpose described in the complaint, upon the payment of just compensation to be determined as of date of the filling of the complaint. An order of dismissal, if this is to be ordained, would be a final one since it finally disposes of the action and leaves the Court with nothing more to be done on the merits. So too, would an order of condemnation be a final one, for thereafter, the Rules expressly state in the proceedings before the Trial Court, no objection to exercise of the right of condemnation (or the propriety thereof) shall be filled or heard. 2) The second phase of the eminent domain action is concerned with the determination by the Court of the just compensation for the property sought to be taken. This is done by the Court with the assistance of not more than 3 commissioners. The order fixing the just compensation on the basis of the evidence before, and findings of, the commissioners will be final too. It would finally dispose of the second stage of the suit, and leave nothing more for the Court to be done by the Court regarding the issue. 3) However, upon the filling of the complaint or at anytime thereafter, the petitioner has the right to take or enter upon the possession of the property involved upon compliance with P.D. 42 which requires the petitioner, after due notice to the defendant, to deposit with the PNB in its main office or any of its branches or agencies an amount equivalent to the assessed value of the property for purposes of taxation. The assessed value is that indicated in the tax declaration.

*DILG Opinion No. 10-1996 The researcher isnt too keen in going to the DILG to get their opinions. R 2) Purposes of expropriation a. In the Philippines, regular provinces are authorized to exercise the power of eminent domain for the following purposes: the construction and extension of roads, streets, sidewalks, bridges, ferries, levees, wharves or piers; the construction of the public buildings including schoolhouses; and the making of necessary improvements in connection therewith; the establishment of parks, playground, plazas, market places, artesian wells or systems for the supply of water, and the establishment of cemeteries, crematories, drainage system, cesspools, or sewage systems. b. Municipalities in regular provinces are authorized to exercise the power of eminent domain for any of the following purposes: the construction or extension of roads, streets, sidewalks, bridges, ferries, levees, wharves or piers; the construction buildings, including schoolhouses, and the making of improvements on parks, playground, plazas, marketplaces, artesian wells, or system for the supply of Water, and the establishment of cemeteries, crematories, drainage system, cesspools, or sewage systems. C) Power of Taxation (Five requisites for the exercise, publication requirements and public hearing) Five requisites for the exercise: Municipal revenue obtainable by taxation shall be derived from such sources only as are expressly authorized by law. Taxation shall be just and uniform in each municipality.

1. 2.

3.

4. 5.

It shall not be in the power of the municipal council to impose tax in any form, whatever upon goods and merchandize carried into the municipality, or out of the same, and any attempt to impose an import or export tax upon such goods in the guise of an unreasonable charge for wharfage, use of bridges or otherwise, shall be void. Note: Compare this with Sec 133 (e) of LGC 1991, Unless otherwise provided herein, the exercise of the taxing powers of provinces, cities, municipalities and barangays shall not extend to the levy of the following xxx (e) taxes, fees and charges and other impositions upon goods carried into or out of, or passing through, the territorial jurisdictions of LGUs in the guise of charges of wharfage, tolls for bridges or otherwise, or other taxes, fees or charges in any form whatsoever upon such goods or merchandise. In no case shall the collection of municipal taxes be left to any person. Except as allowed by law, municipal funds shall be devoted exclusively to local public purpose.

blication Requirements: Two modes of apprising the public of a new ordinance according to Sec. 43 Local Tax Code (based on the Allied Thread v. City of Manila case) a. By means of publication in a newspaper of general circulation, or b. By means of posting of copies thereof in the local legislative hall or premises and 2 other conspicuous places within the territorial jurisdiction of the local government. Publication of Tax Ordinances and Revenue Measures (Sec. 188, LGC of 1991) Within 10 days after their approval, certified true copies of all provincial, city and municipal ordinances of revenue measures shall be published in full for 3 consecutive days in a newspaper of local circulation. Provided, however, that in provinces, cities and municipalities where there are no newspapers of local circulation, the same may be posted in at least 2 conspicuous and accessible places.

blic Hearing: 1. Procedure for Approval and Effectivity of Tax Ordinances and revenue Measures; Mandatory Public Hearings (sec 187, LGC of 1991) - The procedure for the approval of local tax ordinances and revenue measures shall be in accordance with the provisions of this Code: Provided that any question on the constitutionality or legality of tax ordinances or revenue measures may be raised on appeal within 30 days from the effectivity thereof to the Secretary of Justice who shall render a decision within 60 days from the date of the receipt of the appeal. Provided, however, that such appeal do not have the effect of suspending the effectivity of ordinance and the accrual and payment of the tax, fee or charge therein. Provided, finally, that within 30 days after the receipt of the decision or the lapse of the 60-day period without the Secretary of Justice acting upon the appeal, the aggrieved party may file appropriate proceedings with a court of competent jurisdiction. 2. Power to Levy Other Taxes, Fees and Charges ( Sec. 186, LGC of 1991) Local governments may exercise the power to levy taxes, fees or charges on any base or subject not otherwise enumerated herein or taxed under the provisions of the National Internal Revenue Code (NLRC), as amended, or other applicable laws. Provided, that the taxes, fees or charges shall not be unjust, excessive, confiscatory or contrary to declared national policy; Provided further, that the ordinance levying such taxes, fees or charges shall not be enacted without any prior public hearing conducted for the purpose. 2. Limitations on municipal taxing power * Sec. 133, LGC of 1991. Common Limitations on the Taxing Power of LGUs. Unless otherwise provided herein, the exercise of the taxing powers of provinces, cities, municipalities, and barangays shall not extend to the levy of the following: a. Income tax, except when levied on banks and other financial institutions b. Documentary stamp tax c. Taxes on estates, inheritance, gifts, legacies and other acquisitions mortis causa, except as otherwise provided therein d. Customs duties, registration of fees of vehicles and wharfages on wharves, tonnage dues and all other kinds of custom fees, charges and dues except wharfage of wharves constructed and maintained by the LGU concerned. e. Taxes, fees, and charges and other impositions upon goods carried into, or out of, or passing through the territorial jurisdictions of LGUs in the guise of charges for wharfage, tolls for bridges ort otherwise, or other taxes, fees in any form whatsoever upon such goods and merchandise f. Taxes, fees or charges on agricultural and aquatic products when sold by marginal farmers or fishermen g. Taxes on business enterprises certified by the BOI as pioneer or non-pioneer for a period of 6 or 4 years, respectively from the date of the registration. h. Excise taxes on articles enumerated under the NIRC, as amended, and taxes, fees or charges on petroleum products. i. Percentage on VAT sales, barters or exchanges or similar transactions on goods and services except as otherwise provided herein j. Tax on gross receipts of transportation contractors and persons engaged in the transportation of passengers or freight by hire and common carriers by air, land or water, except as provided in this Code k. Taxes paid on premiums by way of reinsurance or retrocession l. Taxes, fees or charges for the registration of motor vehicles and for the issuance of all kinds of licenses or permits for the driving thereof, except tricycles. m. Taxes, fees or other charges actually exported, except as otherwise provided herein n. Taxes, fees or charges on Countryside and Barangay Business Enterprise and Cooperatives duly registered under R.A. 6180 and R.A. 6938 otherwise known as the Cooperative Code of the Philippines respectively o. Taxes, fees or charges of any kind on the National Government, its agencies and instrumentalities, and LGUs *The Basic Rule of Municipal Taxing Power Under the now prevailing Constitution, where there is neither a grant nor a prohibition by statute, the tax power must be deemed to exist although Congress may provide statutory limitations and guidelines. The basic rationale for the current rule is to safeguard the viability and selfsufficiency of local government units by directly granting them general and broad tax powers. Nevertheless, the fundamental law did not intend the delegation to be absolute and unconditional; the constitutional objective obviously is to ensure that, while the local government units are being strengthened and made more autonomous, the legislature must still see to it that a) the taxpayer will not be overburdened or saddled with multiple and unreasonable impositions; b) each local government unit will have its fair share of available resources; c) the resources of the national government will not be unduly disturbed; and d) local taxation will be fair, uniform, and just (MERALCO v. Province of Laguna) Power to Open and Close Roads (Sec. 21, LGC, Art. 43-45, IRR) * Sec. 21. Closure and Opening of Roads (a) An LGU may, pursuant to an ordinance permanently or temporarily close or open any local road, alley, park or square falling within its jurisdiction: provided however, that in the case of permanent closure, such ordinance must be approved by at least 2/3 of all members of the sanggunian, and when necessary, an adequate substitute for the public facility that is subject to closure provided.

(b) No such way or place or any part thereof shall be permanently closed without making provisions for the maintenance of public safety therein. A property thus permanently withdrawn from public use may be used or conveyed for any purpose for which other real property belonging to the LGU concerned may be lawfully used or conveyed . Provided however, That no freedom park shall be closed permanently without provision for its transfer or relocation to a new site. (c) Any national or local road, alley, park or square may be temporarily closed during an actual emergency, or fiesta celebrations, public rallies, agricultural or industrial fairs, or an undertaking of public works and highways, telecommunications and waterworks projects, the duration of which shall be specified by the local chief executive concerned in a written order. Provided however, that no national or local road, alley, park or square shall be temporarily closed for athletic, cultural or civic activities not officially sponsored, recognized or approved by the LGU concerned. (d) Any city, municipality or barangay may by a duly enacted ordinance, temporarily close and regulate the use of an 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. * Art 43. Authority to Close or Open. An LGU may, through an ordinance permanently or temporarily close or open any road, alley, park or square within its jurisdictions. * Art 44. Permanent Closure. No permanent closure of any local road, street, alley, park or square shall be effected unless there exists a compelling reason or sufficient justification therefore such as, but not limited to change in land use, establishment of infrastructure facilities, projects or such other justifiable reasons as public welfare may require. When necessary, an adequate substitute for the public facility that is subject to closure shall be provided. No freedom park shall be closed permanently without provision for its transfer or relocation to a new site No such way or place or any part thereof shall be permanently closed without making provisions for the maintenance of a public system therein A property permanently withdrawn from public use may be used or conveyed for any purpose for which other real property belonging to property may be lawfully used or conveyed. (The ordinance authorizing permanent closure must be approved by at least 2/3 of all members of the Sanggunian. Public hearings shall first be conducted before any ordinance authorizing permanent closure of any local roads, alley, park or square is enacted. Notices of such hearings and copies of the proposed ordinance shall be posted for a minimum of 3 consecutive weeks in conspicuous places in the provincial capitol, or in the city, municipal, or barangay hall of LGU and within the vicinity of the street or park proposed to be closed. * Art. 45. Temporary Closure. Any national of local road, alley, park, or square may be temporarily closed during actual emergency or fiesta celebrations, public rallies, agricultural or industrial fairs, or undertakings of pubic works and high ways, telecommunications and waterworks projects, the duration of which shall be specified by the local chief executive concerned in a written order as follows: (1) During fiestas for a period not exceeding 9 days (2) During agricultural or industrial fairs or expositions, for a period as may be determined to be necessary and reasonable (3) When public works projects or activities are being undertaken, for a period as may be determined necessary for the safety, security, health or welfare of the public or when such closure is necessary to facilitate completion of the projects or activities (4) An LGU may temporarily close and regulate the use of any local street, road, thoroughfare, or public place where shopping malls, Sunday market, flea or night market, or shopping areas may be established and where goods, merchandise, foodstuff, commodities, or articles of commerce may be sold and dispensed to the general public (5) No national or local road, alley, park, or square shall be temporarily closed for athletic, cultural, or civic activities not officially sponsored, recognized or approved by the LGU. Factors to consider in vacating a street a) Topography of the property surrounding the street in the light of ingress and egress to other streets b) Relationship of the street in the road system throughout the subdivision c) Problem posed by the dead end of the street d) Width of the street e) Cost of rebuilding and maintaining the street as contrasted to its ultimate value to all of the property in the vicinity f) Inconvenience of those visiting the subdivision g) Whether the closing of the street would cut off any property owners from access to a street. Corporate Powers (Sec. 22, LGC, Art. 46, IRR) * Sec. 22, LGC, Corporate Powers. A) Every LGU, as a corporate, shall have the following powers: 1. 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. b) LGUs may continue using, modify, or change their existing corporate seals. Provided, that newly established LGUs or those without corporate seals may create their own corporate seals which shall be registered with the DILG. Provided further, that may change of corporate seal shall also be registered as provided herein. c) Unless otherwise provided in this Code, no contract may be entered into by the local chief executive in behalf of the LGU without prior authorization by the sanggunian concerned. A legible copy of such contrast shall be posted at a conspicuous place in the province capitol or the city, municipal or barangay hall. d) LGUs shall enjoy full local autonomy to the exercise of their proprietary functions and in the management of their economic enterprises, subject to the limitations provided in this Code and other applicable laws. *Article 46, IRR. Note: Its exactly the same as Sec. 22, LGC. *Municipality Liability A. General Rule Municipal liabilities arise from various sources in the conduct of municipal affairs, both governmental and proprietary. Broadly, claims against municipalities include all obligations upon all municipal contracts and upon all outstanding bonds, notes, and warrants issued by them. Strictly,

(a)

(b) (c) (d) (e)

however, these claims are demands for payments for articles, furnished or services rendered to a municipality in the conduct of its affairs, or demands asserting the tort liability of the municipality. B. Exceptions 1. As provided by law a) Article 2189, New Civil Code Provinces, cities and municipalities shall be liable for damages for the death of or injuries suffered by any person by reason of the defective conditions of roads, streets, bridges, public buildings, and other public works their control and supervision. * Doctrine of Implied Municipal Liability (Contra personal liability) To hold a municipal corporation for benefits received under an implied contract: It is necessary to show that the implied contract be within the contractual powers of the corporation and that the officers who entered into contract were fully authorized. It must be further shown that the benefits were voluntarily accepted under such circumstances as will indicate that payment was intended by the parties or that justice and equity would require the payment of compensation. Legislative Powers * Requisites of a valid ordinance 1. 2. 3. 4. 5. 6. 7. Must not contravene the constitution or statute Must not be oppressive Must not impartial, fair and general Must not prohibit, but may regulate trade Must not contravene common right Must be consistent with public Must not be unreasonable NOTE: See also Solicitor General V. MMA, p. 25 of this reviewer Distinction between an Ordinance and a Resolution An ordinance prescribes a permanent rule of conduct government; whereas a resolution is of temporary character only *Article 107, IRR. Ordinances and Resolutions. The following rules shall govern the enactment of ordinances and resolutions: 1. Legislative actions in a general and permanent character shall be enacted in the form of ordinances, while those temporary characters shall be passed in the form of resolutions. Matters relating to propriety functions and to private concerns shall be enacted in a resolution. Proposed ordinances and resolutions shall begin writing and shall contain an assigned number, a title or caption, an enacting or ordaining clause and the date of its proposed effectivity. In addition, every proposed ordinance shall be accompanied by a brief explanatory note contain the justification for its approval. It shall be signed by the author or authors and submitted to the secretary to the sanggunian who shall report the same to the sanggunian at the next meeting. A resolution shall be enacted in the same manner prescribed for an ordinance, except that it need not go through a third reading for its final consideration unless decided otherwise by a majority of the sanggunian members. No ordinance or resolution shall be considered on second reading in any regular meeting unless it has been reported out by the proper committee to which it was referred or certified as urgent by the local chief executive. Any legislative matter duly certified by the local chief executive as urgent whether or not it is included in the calendar of business, may be presented and considered by the body at the same meeting without need of suspending the rules. The secretary to the sanggunian of the province, city or municipality shall prepare copies of the proposed ordinance or resolution in the form it was passed on second reading and shall distribute to each sanggunian member a copy thereof, except that a measure certified by the local chief execute as urgent may be submitted for final voting immediately after debate or amendment during the second reading. No ordinance or resolution passed by the sanggunian in a regular or special session duly called for the purpose shall be valid unless approved by majority of the members present, there being a quorum. Any ordinance or resolution authorizing or directing the payment of money or creating liability, shall require the affirmative vote of all the sanggunian members for its passage. Upon passage of all ordinances and resolution directing the payment of money or creating liability, and at the request of any members, of any resolution or motion, the sanggunian shall record the ayes and nays. Each approved ordinance or resolution shall be stamped with the seal of the sanggunian and recorded in a book kept for the purpose. *Article 108 144, IRR, LGC As we go along this reviewer, we'll ferret out the cream from the crap which articles deserve to be read again and again and which should be considered stinker, articles of such jaw - dropping ineptitude that the hapless law student has no recourse but to shake her head and mutter, What the hell they were thinking?. But then, this is just probably the author talking lazy, so go read the codal instead. INTERGOVERNMENTAL RELATIONS OF PUBLIC CORPORATIONS (ART. 59, 64, IRR)

2.

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8.

Article 59, IRR... General supervision of the province over component cites and municipalities. a. The province, thru its governor, shall exercise supervisory authority over component cities and municipalities within its territorial jurisdiction to ensure that they act within the scope of their prescribed powers and function. Highly urbanize cites and independent component cities shall be independent of the province. b. The scope of the supervision by the province over component cites and municipalities shall include but not limited to the following: The governor shall review executive order issued by the mayor of the component city or municipality, subject to the concurrence of the sangguniang panlalawigan, except as otherwise provided under the Constitution and special statutes. If the governor and the sangguniang panlalawigan failed to act on said executive order within 30 days form receipt thereof, the same shall be deemed consistent with law and therefore valid. The sangguniang panlalawigan shall review all approved city or municipal ordinance and resolution approving the development plans and public investment programs formulated by the city or municipal development councils. The SP shall review the ordinances authorizing annual or supplemental appropriations of component cities and municipalities in the same manner and within the same period prescribe for the review of other ordinances of the LGU. The governor shall visit component cities and municipalities of the province at least once every 6 months to fully understand their problems and conditions, listen and give appropriate counsel to local officials and inhabitants, inform the officials and inhabitants of component cites and municipalities of general laws and ordinances which especially concern them and conduct visits and inspections to the end that the governance of the province shall improve the quality of life of the inhabitants. The governor shall coordinate plans of the province in coordination with mayors of cites and municipalities as well as NGO's concerned to: a. Formulate peace and order plan of the province in coordination with mayors of component cities and municipalities and the National Police Commission. b. Adopt adequate measure to safeguard and conserve land, mineral, marine, forest and other resources of the province, in coordination with mayors of component cities and municipalities. c. Coordinate efforts of component cites and municipalities in the national or regional palaro or sports development activities; and d Call conventions, seminars, conferences or meetings of any elective municipalities. 6. 7. and appointed officials of the province and component cities and

1.

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4.

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The proceeds of the basic real property tax, including interest thereon and proceeds form the use, leas or disposition, sale or redemption of property acquired at a public auction shall be shared by the province, municipality and barangay in the manner prescribed in Rule XXXI of these Rules. The province shall share its collections form the tax on sand, gravel and other quantity resources within its component city and municipality and the barangay where said resources are extracted. * Article 62, IRR. Role of people's organizations, non governmental organizations and the private sector LGU's shall promote the establishment and operation of people's organizations, NGOs and the private sector to make them active partners in the pursuit of local autonomy. For this purposes, people's organization, NGO's and the private sector shall be directly involved in the following plans, programs, projects and activities of LGUs: a. Local special bodies; b. Delivery of basic services and facilities c. Joint ventures and cooperative programs and undertakings d. Financial and other forms of assistance e. Preferential treatment for organizations and cooperatives of marginalized fishermen f. Preferential treatment for cooperatives development and g. Financing, cooperative, maintenance, operation, and management of infrastructure projects * 1. Between the national government and the local governments: 2. With PNP: 3. With component cites and municipalities: 4. With People's and Non Governmental Organizations (Sec. 25-36, LGC) Sec. 25. National supervision over local governments a. Consistent with the basic policy on local autonomy, the President shall exercise general supervision over LGU's to ensure that their acts are within the scope of their prescribed powers and functions. The President shall exercise supervisory authority directly over provinces, highly urbanized cities and independent component cities, thru the province with respect to component cities and municipalities and the city and municipalities with respect to barangays. b. National Agencies and offices with the project implementation functions shall coordinate with one another and with the LGU's concerned in the discharge of these functions. They shall ensure the participation of LGU's both in the planning and implementation of the said projects. c. The President may, upon request of the LGU concerned, direct the appropriate national agency provide financial, technical or other forms of assistance to the LGU. Such assistance shall be extended at extra cost to the LGU concerned d. National agencies and offices including government owned or controlled corporations with field under or branches in a province, city or municipality shall furnish the local chief executive concerned, for information and guidance, monthly reports including duly certified budgetary allocations and expenditures.

Sec. 26. Duty of national government agencies in the maintenance of ecological balance (just go and read the code or JGRC) Sec. 27. Prior consultations required (JGRC) Sec. 28. Powers of local chief executives over the units of the Philippine National Police The extent of operational management and control of local chief executives over the police force, fire protection unit, and jail management personnel assigned in their respective jurisdictions shall be governed by the provisions of RA 6975, otherwise known as the DILG Act of 1990, the rules and regulations issued are pursuant thereto. Sec. 29. Provincial relations with component cites and municipalities The province, thru the governor, shall ensure that every component cities and municipality within its territorial jurisdiction acts within the scope of its prescribed powers and functions. Highly urbanized cities and independent component cities shall be independent of the province. Sec. 30. Review of executive orders a. Except as otherwise provided under the Constitutions and special statues, the governor shall review executive orders promulgated by the component city or municipal mayor within his jurisdiction. The city municipal mayor shall review all EO's promulgated by the punong barangay within his jurisdiction. Copies of such orders shall be forward to the governor or the city or municipal mayor, as the case may be, within 3 days from their issuance. In all instances of review, the local chief executive concerned shall ensure that such EO's are within the powers granted by law and in conformity with provincial, city or municipal ordinances. b. If the governor or city or municipal mayor fails to act on said EO's within 30 days of submission, the same shall be deemed consistent with law and therefore valid. Sec 31. Submission of municipal question to the provincial legal officer or prosecutor In the absence of municipal legal officer, the municipal government may secure the opinion of the provincial legal officer and in the absence of the latter, that of the provincial prosecutor on any legal question affecting the municipality Sec 32. City and municipal supervision over their respective barangays The city or municipality, thru the city or municipal mayor concerned shall exercise general supervision after component barangay to ensure that said barangays act within the scope of their prescribed powers and functions. Sec 33. Cooperative undertakings among LGU's LGUs' may, thru appropriate ordinances, group themselves, consolidate, or coordinate their efforts, services and resources for purposes commonly beneficial to them. In support of such undertakings, the LGU's involved may, upon approval by the sanggunian concerned after a public hearing for the purpose, contribute lands, real estate, equipment, and other king of property and appoint or assign personnel under such terms and conditions as may be agreed upon by the participating local units thru Memoranda of Agreement. Sec. 34. Role of people's and non governmental organizations LGU's shall promote the establishment and operation of people's and non governmental organization to become active partners in the pursuit of local autonomy. Sec. 35. Linkages with people's and non governmental organizations LGU's may enter into joint ventures and such other cooperative agreements with people's and non governmental organizations to engage in the delivery of basic services, capability building and livelihood projects, and top develop local enterprises designed to improve productivity and income, diversity, agriculture, spur industrialization, promote ecological balance and enhance the economic and social well being of the people. Sec 36. Assistance to people's and non governmental organizations An LGU may thru its local chief executive and with the concurrence of the sanggunian concerned, provide assistance, financial or otherwise to such people's and non governmental organizations for economic , socially oriented, environmental, or cultural projects to be implemented within its jurisdiction. REQUIREMENTS AND PROHIBITIONS APPLICABLE TO ALL LOCAL OFFICIALS AND EMPLOYEES (Sec 90, 94, 94, Art 177, 179, IRR) Section 90. Practice of Profession a. All governors, city and municipal mayors are prohibited from practicing their profession or engaging in any occupation other than the exercise of their functions as local chief executives. b. Sanggunian officials may practice their professions, engage in any occupation, or teach in schools except during session hours. Provided, that sanggunian members who are also members of the Bar shall not: 1. Appear as counsel before any court in any civil case wherein and LGU or any office, agency or instrumentality of the government is the adverse party

2.

Appear as counsel in any criminal case wherein an official or employee of the national or local government is accused of an offense committed in relation to his office Collect any fee for their appearance in administrative proceedings involving the LGU of which he is an official Use property and personnel of the Government except when the sanggunian member concerned is defending the interest of the Government. Doctors of medicine may practice their profession even during official hours of work only on occasion of emergency. Provided, that the official do not derive any monetary income profession. Section 94. Appointment of elective and appointive local officials: candidates who lost in an election a. No elective or appointive local official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure Unless otherwise allowed by law or primary functions of his position, no elective or appointive local official shall hold any other office or employment in the Government or any subdivision or agency, or instrumentality thereof, including government owned or controlled corporation (GOCC) or their subsidiaries; b. Except for losing candidates in barangay elections, no candidate who lost in any elections shall within 1 year after such election be appointed to any office in the Government or any GOCC or in any of the subsidiaries Section 95. Additional or double compensation No elective or appointive local official or employee shall receive additional, double or indirect compensation unless specifically authorized by law, nor accept, without the consent of Congress, any present, emoluments, office, or title of any kind form any foreign government. Pensions or gratuities shall not be considered additional or double or indirect compensation. Article 177. IRR. Practice of profession. Same as Section 90, LGC Article 179. IRR Prohibited business and pecuniary interest. a. It shall be unlawful for any local government official or employee whether directly or indirectly, to:

3. 4. c.

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2. 3. 4. 5.

Engage in any business transaction with the LGU in which he is an official or employee or over which he has the power of supervision or with any of its authorized boards, officials, agents or attorneys where money is to be paid, or property or any other thing of value is to be transferred, directly or indirectly, out of the resources of the LGU to such person or firm; Hold such interests in any cockpit or other games licensed by LGU Purchase any real estate or other property forfeited in favor of an LGU for unpaid taxes or assessment or by virtues of a legal process at the instance of the said LGU Be a surety for any person contracting or doing business with an LGU for which a surety is acquired; and Possess or use any public property of an LGU for private purposes b., All other prohibitions governing the conduct of national public officers relating to prohibited business and pecuniary interest so provided in RA 6713, otherwise known as the Code of Conduct and Ethical Standards of Public officials and Employees, and other rules and regulations shall also be applicable to local government officials and employees. Read SC Circular No. 12 dated June 30, 1988 Circulars passed by the SC and administrative agencies are a bit more difficult to research. They're probably not that important anyway probably. ELECTIVE OFFICIALS

A. 1.

Qualification and Election Frivaldo v. COMELEC 257 SCRA 727 Facts: The dissenting opinion by Justice Davide here is both prophetic and ironic because he spoke that sovereignty cannot be fragmentized because such fragment cannot be treated as a whole. Davide was talking about the rule that the popular will of the people (of Sorsogon) in electing Juan Frivaldo as governor should not be frustrated since he garnered the most votes. Yet Frivaldo won under a cloud of doubt because he may not have legally reacquired his citizenship in time for the elections. To allow Frivaldo as governor just because the popular will of the electorate should not be frustrated but setting aside the rule of law in the process would be anarchy. Davide said (How ironic that it was Davide himself who swore in GMA as President during EDSA II) The majority opinion however, fortunately or otherwise, is the prevailing rule, Frivaldo filed his certificate of candidacy for governor on March 20, 1995. Raul Lee, the eventual second placer, filed a petition with the COMELEC to disqualify Frivaldo because he was not yet a Filipino citizen at the time. The COMELEC ruled in favor of Lee but since Frivaldo moved for reconsideration, his candidacy continued. Frivaldo eventually topped the elections but on June 30, 1995, the COMELEC acting on Lee's petition, proclaimed Lee as governor. A week later, Frivaldo filed a petition claiming that on June 30, 1995 (day of Lee's proclamation), he took his oath of allegiance as a Filipino citizen after his August 17, 1994 petition for repatriation has been granted. The COMELEC thus proclaimed Frivaldo as winner. Lee contends: 1. that Frivaldo's disqualification due to his lack of citizenship is a continuing condition and rendered him ineligible to run for governor; and 2. the alleged repatriation of Frivaldo cannot be retroactive. Held: Lee is wrong (or maybe, wronged). Reasons: 1. Under Sec. 39 of the LGC of 1991, there is no showing that a candidate for an electoral position must be a Filipino citizen at any particular date and time. Admittedly, there was the objection that since a candidate must have been a registered voter beforehand, he must have therefore possessed Filipino citizenship in order to become a registered voter. The Court gave an explanation that the qualification of citizenship for a registered voter and that for a candidate are separate. The registration requirement of a candidate moreover, is for the purpose of registering him as a

voter in the area or requirement of a candidate moreover, is only for the purpose of registering him as a voter in the area or territory he seeks to govern. He does not actually have to vote (Ang layo! The issue is citizenship, not voting. The issue of being a registered voter was merely raised to bolster the claim that the qualification of citizenship is a continuing one and thus cannot be acquired at a later time. The Court is saying, Run now, acquire citizenship later, which is lousy. Is this the way we treat our precious citizenship?) 2. The alleged repatriation of Frivaldo can be retroactive. PD 725 declares that repatriation creates a new right in order to cure a defect in the existing naturalization law. In Frivaldo's cause he was stateless at the time he took his Filipino oath of allegiance since in his comment, he has long renounced his American citizenship (a self serving statement). Moreover since he ran for governor several times prior to 1995, he necessarily must have taken the Filipino oath of allegiance several times as well, which is another indication of renunciation of his American citizenship (Davide countered that it is the US, not Frivaldo, who decides who is and who is not her nationals, a principle in international law). Therefore, to prevent prejudice to Frivaldo by letting him remain stateless for a substantial period of time while in the meantime being deprived of his rights, it is clear then that PD 725 was intended to be retroactive. In short, Frivaldo's repatriation retracted to Aug 17, 1994, the day he filed his application for such and not just on June 30, 1995. Salomon v. NEA 169 SCRA 507 Facts: Natividad Salomon was a Director for the La Union Electric Corporation (LULECO). Because she was also a Barangay Captain of Natividad, Naguilan, La Union, the Minister of Local Government of La Union appointed her as a member of the sangguniang Panlalawigan of La Union. The National Electrification Administration, however, disqualified her from further acting as LULECO director by authority of Sec. 21 of PD 269 which says, Elective officers of the government, except barrio captain and councilors, shall be ineligible to become officers and/or directors of any (electric cooperative). (Section 21 PD No. 269). The legal provision is also incorporated in section 3, Article IV of the LULECO's by laws which runs: No persons shall be eligible to become or to remain a board member of the cooperative who holds an elective office in the government above the level of a barangay captain. Salomon simply argued that she is not an elective officer but an appointive officer as the facts above show. Is she therefore exempt form the prohibition? Held: No, the spirit of the law would be undermined that incumbents of elective offices be prevented form exerting political influence and pressure on the management of the cooperative. The spirit of the law is as much a part of what is was written (wow). B. Vacancies and succession 1. Permanent Vacancies * Sec 44. Permanent vacancies in the office of the governor, vice governor, mayor and vice mayor. a. If a permanent vacancy occurs in the office of the governor or mayor, the vice governor or vice mayor concerned shall become the governor or mayor. If a permanent vacancy occurs on the office of the governor, vice governor, mayor, or vice mayor as the case may be. Subsequent vacancies in the said office shall be filled automatically by other sangguniang members according to their ranking as defined therein. b. If a permanent vacancy occurred in the office of the punong barangay, the highest ranking sangguniang barangay member or, in the case of his permanent inability, the second highest ranking sanggunian member shall become the punong barangay. c. A tie between or among the highest ranking sangguniang members shall be resolved by the drawing of lots d. The successors as defined herein shall serve only the unexpired portions of their predecessors. For purposes of this chapter, a permanent vacancy arises when an elective local official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from office, voluntarily resigns, or is otherwise permanently incapacitated to discharge the functions of his office. For purposes of succession as provided in this chapter, ranking in the sanggunian shall be determined on the basis of the proportion of votes obtained by each winning candidate to the total number of registered voters in each district in the immediately preceding local election. * Sec 45. Permanent vacancies in the sanggunian a. Permanent vacancies in the sanggunian where automatic successions provided above do not apply shall be filled by appointment in the manner provided: 1. 2. 3. The President, thru the Executive Secretary, in the case of the Sangguniang Panlalawigan and the Sanggunian Panlungsod of highly urbanized cites and independent component cities; The governor, in case of the sangguniang panlungsod of component cites and the sangguniang bayan The city or municipal mayor, in case of the sangguniang barangay, upon recommendation of the sangguniang bayan concerned b. Except for the sangguniang barangay, only the nominee of the political party under which the sangguniang member concerned had been elected and whose elevation to the position next higher in rank created the last vacancy in the sanggunian shall be appointed in the same manner herein provided. The appointee shall come form the same political party as that of the sangguniang member who caused the vacancy and shall serve the unexpired term of the vacant office. In the appointment herein mentioned a nomination and a certificate of membership of the appointee from the highest official of the political party concerned are conditions sine qua non and any appointment without such nomination shall be null and void and shall be a ground for administrative action against the official thereof. c. In case the permanent vacancy in the representation of the youth and barangay in the sanggunian, said vacancy shall be filled automatically by the official next in rank by the organization concerned 2. Temporary Vacancies * Section 46 Temporary vacancies in the office of the local chief executive a. When the governor city or municipal mayor or punong barangay is temporarily incapacitated to perform his duties for physical or legal reasons such as but not limited to, leave of absence, travel abroad, suspension from office, the vice-governor, city or municipal vice-mayor or the highest ranking sangguniang barangay member shall automatically exercise the powers and perform the duties of the local chief executive concerned except the power to appoint, suspend, or dismiss employees which can only be exercised if the period of the temporary incapacity exceeds for 30 working days b. Said temporary incapacity shall terminate upon submission to the appropriate sanggunian of a written declaration by the local chief executive concerned that he has to return back to office. In cases where the temporary incapacity is due to legal causes the local chief executive concerned shall also submit necessary documents that said legal causes no longer exist.

2.

c. When the incumbent local chief executive is traveling within the country but outside his territorial jurisdiction for period not exceeding 3 consecutive days, he may designate in writing an officer-in-charge of the said office. Such authorization shall specifies the powers and functions that the local official concerned shall exercise in the absence of the local chief executive except the power to appoint, suspend, or dismiss employees d. In the event, however, that the local chief executive concerned fails or refuses to issue such authorization, the vice-governor, the city or municipal vice-mayor, or the highest ranking sangguniang barangay member, as the case may be, shall have the right to assume powers, duties and function of the said office on the 4th day of absence of the said local chief executive, subject to the limitation provided in subsection (C) hereof. e. Except as provided above the local chief executive in no case authorized any local official to assume the powers, duties and functions, other than the vice-governor, the city or municipal vice-mayor, the highest sangguniang barangay member, as the case may be. 3. Resignation * Article 82 IRR. Resignation a. Resignation of elective local officials shall be deemed effective only upon acceptance of the following authorities: By the President, in the case of governor and vice-governor, mayors and vice-mayors of highly urbanized cities, independent component cities and municipalities within the Metro Manila and other metropolitan political subdivisions as may be created by law. By the governor, in case of municipal mayor, municipal vice-mayors, mayors and vice-mayors of component cities By the sanggunian concerned, in the case of sanggunian members: and By the city or the municipal mayor, in the case of barangay officials b. The DILG shall be furnished copies of the letters of the resignation letters of elective local officials together with the action taken by the authorities concerned c. The resignation shall be deemed accepted if not acted upon by the authority concerned within 15 days from receipt thereof d. Irrevocable resignations by sanggunian members shall be deemed accepted upon presentation before an open session of the sanggunian concerned and duly entered in its records. This provision shall not apply to sanggunian members who are subject to recall elections or to cases where existing laws prescribed of acting upon such resignations. Disciplinary Action (Art. 124, IRR) *Article 124. Grounds for Disciplinary Action. a) An elective local official may be censured, reprimanded, suspended or removed from office after due notice and hearing on the following grounds: 1) Disloyalty to the republic of the Philippines. 2) Culpable violation of the Constitution. 3) Dishonesty, oppression, misconduct in office, gross negligence or dereliction of duty. 4) Commission of any offense including moral amplitude or an offense punishable by at least prison mayor which is from 6 years and 1 day to 12 years imprisonment. 5) Abuse Authority 6) Unauthorized absence of 15 consecutive working days, in the case of the local chief executive and 4 consecutive sessions in the case of members of the sanggunian panlalawigan, sanggunian panlungsod, sangguniang bayan and sangguniang barangay. 7) Application for, or acquisition of, foreign citizenship or residence or the status of an immigrant of another country; and 8) such other grounds as may be provided by the Code, RA 6713, RAC of 1987, RPC and all other applicable general and special laws. b) An elective local official may be removed from office on the grounds enumerated in paragraph a, of this article by order of the proper court, or the disciplinary authority whichever first acquires jurisdiction to the exclusion if the other. 1. Grounds for Suspension and Removal (Sec. 60, LGC) *Sec. 60 Grounds for disciplinary action. (Same as Article 124, IRR above). Procedure (Sec. 84, LGC) *Sec. 84. Administrative discipline. Investigation and adjudication of administrative complaints against appointive local officials and employees as well as their suspension and removal shall be in accordance in the civil service law and rules and order pertinent laws. Te result of such administrative investigations shall be reported to the CSC. 3. Preventive Suspension (Section 63-64, 85-87, LGC, Art. 127, IRR) Read also section 42, PD 807 (now Sec. 52, RAC of 1987) *Section 63. Preventive Suspension. a) Preventive Suspension may be imposed: 1) By the president, if the respondent Is an elective official of a province, highly urbanized or independent component city. 2) By the governor, if the respondent is an elective official of a component city or municipality. 3) By the mayor, if the respondent is an elective official of a barangay. b) preventive suspension may be imposed at any time after the issues are joined, when the evidence of guilt is strong, and given the gravity of the offense, there is great probability that the continuance in the office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence: provided, that any single preventive suspension of local elective officials shall not extend beyond 60 days: provided further, that in the event that several administrative cases are filed against and elective official, he cannot be preventively suspended for more than 90 days within the single year on the same ground or grounds existing and known at the time of the first suspension. c) Upon expiration of the preventive suspension, the suspended elected official shall be deemed reinstated in office without prejudice to the continuation of the proceedings against him, which shall be terminated within 120 days from the time he as 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. d) Any abuse of the exercise of the power of preventive suspension shall be penalized as abuse of authority.

1. 2. 3. 4.

1.

*Sec. 64. Salary of respondent pending suspension. The respondent official preventively suspended from office shall receive salary or compensation including such emoluments accruing during such suspension. *Sec. 85. Preventive suspension of appointive local officials and employees. a) the local chief executives may preventively suspend for a period not exceeding 60 days any subordinate official or employee under his authority pending investigation if the charged against such officials or employee involves dishonesty, oppression or grave misconduct or neglect in the performance of duty, or if there is reason to believe that the respondent is guilty of the charges which would warrant his removal from the service. b) Upon expiration of the preventive suspension, the suspended official or employee shall be automatically reinstated in office without prejudice to the continuation of the administrative proceedings against him until its termination. If the delay in the proceeding of the case is due to the fault, negligence or request of the respondent, the time of the delay shall not be counted in the computing of the period of the suspension herein provided. *Sec.86. Administrative investigation. In any LGU, administrative investigation may be conducted by a person or committee duly authorized by the local chief executive. Said person or employee shall conduct hearings on the cases brought against appointive local officials and employees and submit their findings and recommendations in the local chief executive concerned within 15 days from the conclusion of the hearings. The administrative cases herein mentioned shall be decided within 90 days from the time the respondent is formally notified by the charges. *Sec. 87. Disciplinary charges. Except other wise provided by the law, the local chide executive may impose the penalty of removal from service, demotion in tank, suspension for not more than 1 year without any fine in an amount not exceeding 6 months salary, of reprimand and other wise disciplined subordinate officials and employees under his jurisdiction. If the penalty imposed is suspension without pay for not more than 30 days, the decision shall be appealable to the CSC, which shall decide the case within 30 days from receipt thereof. *Article 127, IRR. Exactly the same as Sec. 63, LGC *Sec 52, RAC of 1987. Lifting of preventive suspension pending administrative investigation (Book V, Subtitle A on CSC, chapter 6). When the administrative case against the officer or employee under preventive suspension is not finally decided by the disciplining authority within the period of 90 days after the date of suspension of the respondent who is not a presidential appointee, the respondent shall be automatically reinstated in the service: provided, that when the delay in disposition of the case is due to the fault, negligent or the petition of the respondent, the period of delay shall not be counted in computing the period of suspension herein provided. Kinds of preventive suspension (with regards to civil service employees who are charged with offense punishable with suspension or removal) (revised administrative code of 1987) 1) Preventive suspension, pending investigation. 2) Preventive suspension pending appeal, if the penalty imposed by the disciplining authority suspension or dismissal. 4. Right of the Respondent (Art. 129, IRR) *Art. 129. Right of respondent, IRR. The respondent shall be accorded full opportunity to appear and defend himself in person or by counsel, to confront and cross-examine the witnesses against him, and to require the attendance of witnesses and the production of documentary evidence in his favor thru the compulsory process of subpoena or subpoena duces locum. 5. Administrative Investigation and Appeals (Art. 131, IRR) *Art. 130. Investigation and decision. a) The investigation of the case shall be terminated within 90 days from the start thereof. Unreasonable failure to complete the investigation after same period of 90 days by the person or persons assigned to investigate shall be a ground for disciplinary action. b) Within 30 days after the end of the investigation, the Office of the president or the Sanggunian concerned shall render a decision stating clearly and distinctly the facts and reasons for such decisions. Copies of decision shall be immediately furnished the respondent and all interested parties. In case of failure of the Sanggunian concerned to render a decision on the resolution recommended on the investigation within 30 days after the end of the investigation, the recommended resolution shall be considered the decision. c) The penalty of suspension shall not exceed the unexpired term of the respondent or a period of 6 months for every administrative offense, nor shall said penalty be a bar to the candidacy of the respondent so suspended as long as he meets the qualifications required for the office. d) The penalty of removal from office shall be considered a bar to the candidacy of the respondent for any elective position. *Art. 131. Administrative appeals, IRR. Decisions in administrative cases may, within 30 days from receipt thereof, may be appealed to the following: 1) The Sangguniang Panlalawigan, in the case of decisions of the Sangguniang Panlungsod of component cities and the Sangguniang bayan, and 2) The office of the president, in case of decisions of Sangguniang Panlalawigan, Sangguniang Panlungsod of highly urbanized cities and independent component cities, and the sangguniang bayan of municipalities within MMA. Decisions of the office of the president shall be final executory. KATARUNGAN PAMBARANGAY LAW Read sections 399 to 420, LGC. (Not e: the following information on the KBL and the League of Local Government Units were lifted from the Political Law Reviewer by Nachura). A. The Barangay 1. Chief Officials and Officers a) There shall be in each barangay a PB; 7 SB members, the SK chairman, a barangay secretary and a barangay treasurer. There shall also be in every barangay a lupong tagapamayapa. The SB may from community brigades and create such other positions or officers as may be deemed necessary to carry out the purposes of barangay government. 1) For purposes of the RPC, the PB, SB members, lupong tagapamayapa in each barangay shall be deemed as persons in authority in the jurisdiction, while other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order, protection and security of life and property, or the maintenance of a desirable and balanced environment, and any barangay member who come to the all of persons authority, shall be deemed agents persons in authority in Milo v. Salonga, 152 SCRA 113, the

barangay chairman is a public officer who may be charged with arbitrary detention. In People v. Monton (1998), it was held that the barangay chairman is entitled to posses and carry firearm within the territorial jurisdiction of the barangay (Sec. 88(3), B.P. 337). He may not be therefore prosecuted for illegal possession of firearms. 2. The Barangay Assembly There shall be a barangay assembly composed of all person who are actual residents of the barangay for at least 6 months 15 years of age over citizens of the Philippines and duly registered in the list of barangay assembly members. It shall meet at least twice a year to hear and discuss a semestral report of the SB concerning its activities and finances as well as problems affecting the barangay. a) Powers of the barangay assembly. Read Sec. 398, R.A 7160 3. Katarungang Pambarangay a) Lupong Tagapamayapa. There is here by created in each barangay a LT composed of the PB as chairman and 10 to 20 members. The lupon shall be constituted every 3 years. 1) Powers of the Lupon (i) exercise administrative supervision over the conciliation panels; (ii) meet regularly once a month to provide a forum for exchange of ideas among its members and the members to share with one another their observations and experiences in effecting speedy resolution of disputes and; (iii) exercise such other powers and perform such other duties as may be prescribed by law or ordinance. b) Pangkat ng Tagapagkasundo. There shall constituted for each, dispute brought before the lupon a conciliation panel to be known as the pangkat ng tagapagkasundo, consisting 3 members who shall be chosen by the parties to the dispute from the list of members of the lupon. Should the parties fail to agree on the pangkat membership, the same shall be determined by lots drawn by the lupon chairman. c) Subject matter of amicable settlement; procedure, conciliation, arbitration, effects of settlement and arbitration award. 4. Sangguniang Kabataan a) Creation; composition. There shall be every barangay a SK to be composed of chairman 7 members, a secretary and a treasurer. An official who during his term of office shall have passed the age of 21 shall be allowed to serve the remaining position for the term for which he was elected. 1) Powers and functions. Read Sec. 426 RA 7160 b) Katipunan ng mga Kabataan: Shall be composed of citizens of the Philippines actually residing in the barangay for at least 6 months, who are 15 but not more than 21 years of age, who are duly registered in the list of the SK or in the official barangay list in the custody of the barangay secretary. He shall meet once every 3 months or at the call of the SK chairman, or upon written petition of at least 1/20 of its members. c) Pederasyon ng mga SK. There shall be an organization of all the pederasyon ng mga SK i) In municipalities, the pambansang pederasyon ii) in cities, panlungsod na pederasyon iii) In provinces, panlalawigang pederasyon iv) In special metropolitan political subdivisions, pangmetropolitang pederasyon; v) On the national level; pambansang pederasyon B. The Municipality. Read Sec. 440-447 RA 7160 C. The City. Read Sec. 448-548 RA 7160 D. The Province. Read Sec. 459- 468, RA 7160