The requirement in Section 450(b) of the Local Government Code, which provides that territorial jurisdiction of a newly-created city

shall be properly The governor does not possess the following powersidentified by metes and bounds, is a condition sine qua except: for Congress to validly pass a law creating a new city. (Section 450b, Mariano, Jr. v. Comelec) - FALSE a. Solemnize marriages (mayor 444(b)(1)xviii; 455(b)(1)xviii By virtue of Section 458(3)(ii), the power of QUESTION #1 (Multiple choice question) the city or municipality to regulate cockpits within its approvalterritorial jurisdiction and the conditions under which the license for its operation may be revoked is subject to the guidelines laid down by the Philippine Gamefowl c. Require owners of illegally constructedCommission. FALSE (Municipality of Malolos, Inc. v. houses, buildings or other structures to obtain theLibangang Malolos, Inc.) necessary permit, subject to such fines and penalties as The power of the city or municipality to may be imposed by law or ordinance, or to make necessary changes in the construction of the same whenregulate the operation of tricycles and grant franchises said construction violates any law or ordinance, or tofor the operation thereof necessarily includes the order the demolition or removal of said house, building orauthority to register tricycles for hire and the issuance of structure within the period prescribed by law ora tricycle drivers license, and the collection of fees therefor pursuant to the Section 447(a)(3)(vi) and Section ordinance. 444(b)(3)(vi); 455(b)(3)(vi) 458(a)(3)(vi) Local Government Code. FALSE (LTO v. d. Regulate or fix license fees for any business orCity of Butuan) practice of profession within the city and the conditions under which the license for said business or practice of The rule laid down in Lira v. Civil Service profession may be revoked and enact ordinances levyingCommission that the appointment of a City Budget taxes thereon; (sanggunian) Officers is not complete without the approval of the Secretary of Budget Management, is no longer e. Declare, prevent or abate any nuisance; controlling. TRUE b. Issue permits, without therefor 444(b)(3)(v); 455(b)(3)(v) need of

f. Provide efficient and effective property Pursuant to the Section 477 of the Local and supply management in the province andGovernment Code, a city engineer must have been an protect the funds, credits, rights, and otherassistant city engineer or has engaged in the practice of properties of the province 444(b)(3)(vii); 455(b)(3)his profession for at least five years. FALSE (Patagoc v. (viii) Civil Service Commission) g. Regulate the use of streets, avenues, alleys, The authority to settle a boundary dispute sidewalks, bridges, parks and other public places andbetween a municipality and an independent component approve the construction, improvement, repair andcity, both of the same province, belongs to the maintenance of the same; establish bus and vehicle stopssangguniang panglungsod concerned. FALSE, not and terminals or regulate the use of the same byenumerated in Section 118. privately-owned vehicles which serve the public; regulate garages and the operation of conveyances for hire; Section 483 of the Local Government Code designate stands to be occupied by public vehicles whenmandates that a Social Welfare and Development Officer not in use; regulate the putting up of signs, signposts,must be a licensed social worker. FALSE awnings and awning posts on the streets; and provide for the lighting, cleaning and sprinkling of streets and public places; h. Appoint all officials and employees of the sangguniang panlungsod, except those whose manner of appointment is specifically provided in this Code; (vice) i. Regulate traffic on all streets and bridges; prohibit encroachments or obstacles thereon and, when necessary in the interest of public welfare, authorize the removal of encroachments and illegal constructions in public places; j. Provide legal assistance to barangay officials who, in the performance of their official duties or on the occasion thereof, have to initiate judicial proceedings or defend themselves against legal action; and QUESTION #2 (Multiple choice question) All of the following statements are false, except: i. The Health Officer is not a local but a national office under the direct supervision and control of the Department of Health. FALSE j. The Administrator, the Information Officer, the Legal Officer, and the Budget Officer are positions of utmost confidentiality, so that their offices are co-terminous with that of their appointing authority. - FALSE k. The position of Population Officer is mandatory in highly urbanized cities. - FALSE QUESTION #3 (Similar to Simulation 1) (a) Considering that the creation of a province necessitates the creation of a legislative district which will correspond to one House Representative under Section 5(3), Article VI of the 1987 Constitution, argue in favor of the Provincial Government of a newly-created province pursuant to Section 19, Article VI of Republic Act No. 9054, the

constituents of which ratified its creation in a plebiscite impressed with public interest. It is not untouchable by conducted for the purpose, seeking to uphold the validity of legislation. For this reason, the State has enacted the Civil the said provision. Code on family relations, the Family Code, and the Child and Youth Welfare Code. There is nothing in the Constitution that bars Congress frombill does not legalize abortion. It expressly provides that The delegating the power to create provinces and abortion remains a crime and prevention of abortion is that considering the constitutional mandate of local autonomy for essential to fully implement the Reproductive Health Care Muslim Mindanao, it can be said that such delegation Program. While management of post-abortion complications is in furtherance of the constitutional design. A law may later be is provided, passed by Congress to create a legislative district in the new this is not to condone abortion but to promote the humane province. The Constitution doesnt specifically limit theof women in life-threatening situations. treatment power to create provinces to Congress, while it assures autonomynot lead to the legalization of abortion. It is not It will to the people of Muslim Mindanao. Thus, the Assembly may be true that all countries where contraceptive use is promoted vested with the power to create provinces while reserving to eventually legalize abortion. Many Catholic countries Congress the power to create legislative districts for those criminalize abortion even as they vigorously promote new provinces. (Sema v. Comelec, GR No. contraceptive 16, like Mexico, Panama, Guatemala, Brazil, 177597, July use 2008, Dissenting Opinion) Chile, Colombia, Dominican Republic, El Salvador, Honduras, Nicaragua, Venezuela, Paraguay and Ireland. The Muslim and Buddhist countries of Indonesia and Laos also promote (b) Assume that you are a Justice voting against the constitutionality of Section 19, Article VI of contraceptive No. Republic Act use yet proscribe abortion. According to studies, be your 9054 as a Justice of the Supreme Court. What wouldcorrect and regular use of contraceptives reduces abortion rates rationale for declaring the said provision unconstitutional? by as much as 85 percent and negates the need to legalize abortion. Contraceptives do not have life-threatening side Section 19, Article VI of RA 9054, insofar as it grants to the effects. Medical ARMM Regional Assembly the power to create provinces andand scientific evidence shows that all the possible medical cities, is void for being contrary to Section 5 of Article VI and risks connected with contraceptives are Section 20 of Article X of the Constitution, asinfinitelySection than the risks of an actual pregnancy and well as lower 3 everyday activities. of the Ordinance appended to the Constitution. Only Congress The risk of dying within a year of riding a can create provinces and cities because car is creation of The risk of dying within a year of using pills the 1 in 5,900. 1 200,000. The risk of dying from a vasectomy is 1 in 1 provinces and cities necessarily includes istheincreation of million and the risk of dying from using an IUD is 1 in 10 legislative districts, a power only Congress can exercise under Section 5, Article VI of the Constitution andmillion. The the Section 3 of probability of dying from condom use is absolutely zero. But Ordinance appended to the Constitution. The ARMM Regional the risk of dying from a pregnancy is 1 in Assembly cannot create a province without a legislative The bill will district because the Constitution mandates that every not promote contraceptive mentality. The bill does ARMM province shall have a legislative district. Moreover, thenot prohibit pregnancy. Critics are mistaken in claiming that because contraceptives would be readily Regional Assembly cannot enact a law creating a national available, people office like the office of a district representative of Congress would prefer to have no children at all. because the legislative powers of the Couples Regional stop wanting children simply because ARMM will not contraceptives are available. Contraceptives are used to Assembly operate only within its territorial jurisdiction as prevent (Sema v. provided in Section 20, Article X of the Constitution. unwanted pregnancies but not to stop pregnancies altogether. Timed pregnancies are assured. Comelec, GR No. 177597, July 16, 2008) Sexuality education will neither spawn a generation of sex maniacs nor breed a culture of promiscuity. AgeQUESTION #4 (Similar to Simulation 2) appropriate RH education promotes correct sexual values. It will not only instill consciousness of freedom of choice but also responsible exercise of ones rights. The UN and (a) Argue in favor of the Quezon City countries which have youth sexuality education document its Government. beneficial results: The City Government of Quezon City maintains that the understanding of proper sexual values is promoted; early Ordinance is constitutional, that the Ordinance is in fact pro- initiation into sexual relations is delayed; quality life, pro-family, and anti-abortion abstinence before marriage is encouraged; multiple-sex as categorically partners is avoided; and spread of sexually transmitted stated in the Ordinance itself; that the Ordinance reflects not diseases Force in only the recommendations of the Anti-Poverty Task is prevented. It collaborations, QC, but is also a product of multi-sectoral does not claim that family planning is the panacea for poverty. simply thorough research, and in-depth consultations with Itvarious recognizes the verifiable link between a huge population stakeholders in society; and that the enactment of the and poverty. Unbridled population growth stunts ordinance Ordinance is a valid exercise of its power to enact socioeconomic development and aggravates poverty. The connection between population and development is wellfor the general welfare of its constituents pursuant to Section documented and empirically established. 16 the Local Government Code. UN Human Development Reports show that countries The bill is not antilife. It is proquality life. It will ensure that with higher population growth invariably score lower in human children will be blessings for their parents since their births development. are planned and wanted. It will empower couples with the The Asian Development Bank in 2004 also listed a their population as one of the major causes of poverty in information and opportunity to plan and space large children. the but also This will not only strengthen the family as a unit country. The to optimize care for children who will have more opportunitiesNational Statistics Office affirms that large families are prone to poverty with 57.3 percent of families be educated, healthy and productive. The bill does not interfere with family life. Inwith seven children mired in poverty while only 23.8 percent fact, it enhances of families with two children are poor. Recent studies also family life. The family is more than a natural nucleus; it is a social institution whose protection and development are

show that large family size is a significant factor in keeping the private sphere of marital relations. Moreover, the CBCP families poor across generations. questions the accuracy of the statistical data on which the Family planning will not lead to a demographic Ordinance is premised as well as the reasonability of the City winter. UP economics professors in their paper Population Government of Quezon Citys exercise of its delegated police and Poverty: The Real Score declared that the threat of a sopower vis--vis the general welfare clause of the Local called demographic winter in the Philippines is greatly Government Code. exaggerated, and using it as an argument against a sensible *** population policy is a plain and simple scare tactic. Reckless and irresponsible The National Statistical Coordinating Board projected By Jo Imbong that a replacement fertility of 2.1 children per couple could be REP. EDCEL LAGMAN, THE PRINCIPAL AUTHOR OF reached only by 2040. Moreover, despite a reduced THE proposed Reproductive Health and Population population growth rate, the effects of population momentum Development Act of 2008 asserts, among others, that the bill would continue for another 60 years by which time our total is neither antilife nor antifamily, that contraceptives are not population would be 240 million. life-threatening and that the bill does not impose a two-child Humanae Vitae is not an infallible doctrine. In 1963, policy. Pope John XXIII created the Papal Commission on Birth Control Prolife? To value human life is to respect and protect life in all to study questions on population and family planning. The its seasons. Human life begins at fertilization. (Records of Commission included ranking prelates and theologians. the Constitutional Commission, Vol. IV, Sept. 18, 1986, pp. Voting 69 to 10, it strongly recommended that the 761, 801) hence, the State shall equally protect the life of Church change its teaching on contraception as it concluded the mother and the life of the unborn from conception. that the regulation of conception appears necessary for (Constitution, Article II, Section 12). Lagman said in a House many couples who wish to achieve a responsible, open and hearing that the bill would protect human life from reasonable parenthood in todays circumstances. implantation. However, it was the minority report that Pope Paul VI By that token, the zygote not yet in the mothers eventually supported and which became the basis of womb is not protected. Pills and the IUD hinder implantation Humanae Vitae. of the embryo in the uterus, thereby precipitating the Even 40 years ago when the encyclical was issued, embryos destruction. That is abortion. And yet, every theologians did not generally think that it was infallible. child ... needs appropriate legal protection before as well as Monsignor Fernando Lambruschini, spokesperson of the after birth (UN Convention on the Rights of the Child). Vatican at the time of its release, said attentive reading of Not life-threatening? Records are rife of perforation the encyclical Humanae Vitae does not suggest the of the uterus and serious pelvic infections in women with IUDs theological note of infallibility It is not infallible. that public midwives have refused to extract. The Mayo Five days after the issuance of the encyclical, a Foundation found that oral contraceptives are associated with statement against it was signed by 87 Catholic theologians. It an increase risk of breast cancer. DepoProvera increases a asserted that Catholics may dissent from womans risk for chlamydia and gonorrhea. Oral noninfallible Church doctrine and that Catholic contraceptives containing cyproterone increase risk of deep spouses could responsibly decide in some circumstances to venous blood clots. use artificial contraception. Levonorgestrel is banned in this country as the (Rep. Edcel C. Lagman of Albay is the principal author Bureau of Food and Drugs found it to be abortifacient. Lifeof the proposed Reproductive Health and Population threatening ectopic pregnancies occur in mothers long after Development Act of 2008.) undergoing tubal ligation, particularly those sterilized before (b) Argue in favor of the Asian Women30. age Human Rights Council. Contraceptives as essential medicines? The Asian Women Human Rights Council (AWHRC), a nonContraceptives do not treat any medical condition. Fertility is governmental organization devoted to the advocacy ofa disease. It attests to health! The bill targets the poor, not womens human rights, intervened. The AWHRC argues needy and marginalized. This is most unkind to them whose that the Philippines is duty-bound to implement the UN Convention needs are jobs, skills, education, lucrative opportunities, real on the Elimination of All Forms of Discrimination Against nutrition, and essential medicines for anemia, tuberculosis, Women (CEDAW), in particular the UN CEDAW Committees infections and childhood diseases. Concluding Comments, which urges signatory governments to Remember, every citizen has the right to health (Art. enhance womens access to health care, including II, Sec.15), hence, the State has a duty to protect the citizens reproductive health services, to address high maternal against dangerous substances (Constitution, Art. XVI, Sec.9), mortality rates, high fertility rates, and inadequate family protect women in their maternal function (Art. XIII,Sec. and planning services. 14). (c) Argue in favor of the Catholic Bishops Family friendly? The encouragement to have two Conference of the Philippines. children is manipulation both brazen and subtle. It can set the The Catholic Bishops Conference of the Philippines (CBCP) for a stronger application of the recommendation stage challenges the constitutionality of the Ordinance, arguing through legislative amendments. Spouses have a basic, that it is pro-abortion, anti-life and anti-family and therefore original, intrinsic and inviolable right to found a family in violates Section 12, Article II of the Constitution which accordance with their religious convictions and the demands provides that The State recognizes the sanctity of family life of responsible parenthood (Art. XV, Sec. 3 [1]). This includes and shall protect and strengthen the family as a basic right to progeny. their autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The The bill mocks parents with fine and imprisonment in refusing natural and primary right and duty of parents in expose their children to mandatory age-appropriate to the rearing of the youth for civic efficiency and the development of moral reproductive health education starting Grade 5 outside the character shall receive the support of the Government loving confines of home and family. CBCP also claims that the Ordinance is unconstitutional for malleable, our children will be taught Vulnerable and being destructive of public morals and for being intrusive reproductive health and the full range of adolescent into

information on family planning methods, services Our median age is 23 years. In 139 other countries it is as and facilities for six years. This is child abuse of the highest as 45.5 years (Monaco). This means a Filipino has more high order. And yet, every child has the right to be brought up in productive years ahead of him than his counterpart in the rich an atmosphere of morality and rectitude for the enrichment countries where the graying and dying population is no longer and strengthening of his character. (Child and Youth Welfare replaced because of negative birth rates. being Code) Our long-term future is bright, because of a vibrant and The ... care and nurtur[ance] of the child reside first indynamic population. the parents (Article II, Sec. 12, Constitution), whose primary 2. Unnecessary function and freedom include preparation for obligationsWomen who say they should be free to contracept (regardless the state can neither supply nor hinder. (Brantley v. Surles, 718 F. of what the moral law or science says) are not being 2d. 1354,1358-59) The State did not create the family, prevented from doing so, as witness the 50-percent and the child is not a creature of the State. (Pierce vs. Society of contraceptive prevalence rate. It is a free market. But as we Sisters, 268, U.S. 510, 535.) That is the law of nature, and no are not a welfare state, taxpayers have no duty to provide the human institution has authority to amend it. contraceptives to try and cure pregnancy, which is not a Quality of life? The bill wants to uplift the quality of life of the people. Population control started in 1976 to increaseThe States duty is to protect women from real diseases. At the share of each Filipino in the fruits of economic progress. In 80 women die every day from heart diseases, 63 from least other words -- to eliminate poverty. Has it? vascular diseases, 51 from cancer, 45 from pneumonia, 23 The General Appropriations Act of 2008 earmarksfrom tuberculosis, 22 from diabetes; 16 from lower chronic an enormous amount for family planning and reproductive respiratory health services, including contraceptives. For the diseases. Why are our lawmakers not demanding free Department of Health it is P3.19 billion; for Popcom -- P386.5 medicines and services for all those afflicted? million, quite apart from funds for other agencies of Indeed, maternal death could be brought down to zero just by government and local government units for the same providing adequate basic and emergency obstetrics-care programs. Add $2.4 million from the United Nations facilities and skilled medical services to women. The local Population Fund for population and development and officials of Gattaran, Cagayan and Sorsogon City have shown reproductive health for 2008, plus $2.2 million for 2009. this. Why do our lawmakers insist on stuffing our women with Todays average family has three children compared with contraceptives and abortifacients instead? seven in the 70s. But the billions of pesos spent have not In 2005, the cancer research arm of the World Health reduced poverty or benefited the poor. Organization concluded that oral contraceptives cause breast, If Congress passes this bill, it wagers the future of the liver and cervical cancer. Shouldnt our lawmakers demand country. Citizens have a right to resist misplaced and that contraceptives be banned or at least labeled as cancerirresponsible exercise of authority because the good of the causing, or dangerous to womens health? Why do they people is the supreme law. Salus populi est suprema lex. want them classified as essential medicines instead? The path of irresponsible legislation is a dreadful path: If an 3. Unconstitutional act is made legal, it will be perceived as moral. If an act is a.) The Philippines is a democratic and republican State. Yet perceived as moral, it will become a norm. If it is observed by the bill seems to assume we are a centrally planned economy all as a norm, then it is too late. By then, you will have or a totalitarian State, which controls the private lives of its changed the culture. That is not simply reckless. It is the citizens. Truth is, there are certain activities of man as man ultimate breach of public trust. where the individual is completely autonomous from the (Jo Imbong, a lawyer, is the executive secretary of the State. Legal office of the Catholic Bishops Conference of the Just as the State may not tell a politician or a journalist how or Philippines and consultant to the CBCP Episcoal when to think, write or speak, it may not enter the bedroom Commission on Family and Life.) and tell married couples how or when to practice marital love. *** b.) Article II, Section 12 of the Constitution says: The State No place for the RH bill in our law recognizes the sanctity of family life and shall protect and By Francisco S. Tatad strengthen the family as a basic autonomous social THE REPRODUCTIVE HEALTH bill in the House of institution. It shall equally protect the life of the mother and Representatives is being presented as a health bill and an the life of the unborn from conception. The natural and antipoverty bill at the same time. It is neither. It is not what its primary right and duty of parents in the rearing of the youth authors say it is; it is everything they say it is not. It is an for civic efficiency and the development of moral character ideological attack on human life, the family, and our social shall receive the support of the Government. and cultural values. The use of sanctity makes State obedience to The bill rests on a flawed premise; it is unnecessary, Gods laws not only a solemn teaching of the Church, but also unconstitutional, oppressive of religious belief and destructive an express constitutional mandate. Now, when the State binds of public morals and family values. Its enactment into law will itself to equally protect the life of the mother and the life of only deepen the already frightening ignorance about the real the unborn from conception, it necessarily binds itself not to issues. It should be rejected. do anything to prevent even one married woman from 1. Flawed premise conceiving. A state-funded contraceptive program is an Our population growth rate (National Statistics Office) is 2.04 abomination. percent, total fertility rate (TFR) is 3.02. The CIA World 4. Oppressive of religious belief Factbook has lower figures -- growth rate, 1.728 percent; TFR, The bill seeks to tell the Catholic majority not to 3.00. listen to the Church and to listen to anti-Catholic politicians Our population density is 277 per square km. GDP per capita instead. It seeks to establish a program which Catholic (PPP) is $3,400. Fifty other countries have a much lower taxpayers will fund in order to attack a doctrine of their faith. density, yet their per capita is also much lower. Thirty-six Is there a worse despotism? Would the same people do the countries are more densely populated, yet their GDP per same thing to the followers of Islam or some politically active capita is also much higher. Are the few then always richer, the religious pressure group? many always poorer? Not at all.

The pro-RH lobby claims surveys have shown World Youth Alliance, New York, NY. Comments to that most Catholic women want to use contraception, regardless of http://franciscotatad.blogspot.com) what the Church says about it. It is a desperate attempt to show that right or wrong can now be reduced to what you like or dislike. The truth is never the result of surveys. Contraception is wrong not because the Church has banned it; Jenkins was born on May 10, 1988 in Miami, Florida, to an the Church has banned it because it is wrong. No amount of American father and Filipina mother. Until high school he surveys can change that. stayed in the States, and then flew back to Manila in 2004 and 5. Destructive of public morals studied in the Philippine Military Academy in Baguio. As a The bill seeks to impose a hedonistic sex-oriented result, he understands Filipino, but prefers to converse in lifestyle that aims to reduce the conjugal act to a mere exchange of physical sensations between two individuals English. and marriage to a purely contraceptive partnership. Not only is it hedonistic, it is above all eugenicist. It seeks to eliminate the poor and the socially unfit. While it neither mandates a two-child family nor legalizes abortion, it An uncle convinced Pedro to take over his seat in the prepares the ground for both. Sangguniang Panlungsod by running in the May 10, 2010 In 1974, the US National Security Study Memorandum 200, elections. Consequently, Pedro registered as a voter on titled Implications of Worldwide Population Growth for US February 14, 2009. Security and Overseas Interests, launched the two-child However, in the year prior to the elections, family as a global population policy to be achieved by back to America and stayed there for four months Pedro went 2000. But no country has reduced its population growth without their business. to help his Dad with resorting to abortion, said that document. Now you know whats next, and where its all coming As a person running for a seat in the Sanggunian, you decide from. to challenge Pedros qualifications. What may be grounds for (Former Sen. Francisco S. Tatad represents the Asiahis disqualification? Pacific on the Governing Boards of the International Right to Life Federation, Cincinnati, Ohio and the

a. b. c. d. e. f. g. h. i. j.

Residence requirement Pedros dual citizenship Age at the time of election Fluency of the language Insanity All of the above None of the above B and D C and D D and E

POLICY: Residence is domicile; and since he studied in PMA, lived in Baguio most of the time, and was allowed to Given that eminent domain is the taking of register in Baguio, that serves as proof of his residence. private property for public use, should not private residential 1 year requirement need not be actual residence. villages be compensated for the taking of their roads for public Dual citizenship no longer a disqualification. It is dual allegiance. Considering the prevalent culture in Philippine politics, Baguio is not a highly-urbanized city. So the comment on the effectivity of recall elections as a check into the requirement of 18 years applies to people running for accountability of local elective officials. sanggunian. Needs only to be able to read and write Filipino or other dialects. Fluency not considered. 1. What is the quantum of evidence required to overthrow the presumption of constitutionality or validity No indication that Pedro is insane. accorded to ordinances? 1. A permanent following circumstances except: vacancy arises on the

a. higher vacant office b. c. d. e. f. g. permanently incapacitated office h. consecutive working days i. j.

an elective local official fills a the official refuses to assume office the official fails to qualify the official dies the official is removed from office the official voluntarily resigns the official is otherwise to discharge the functions of his unauthorized absence for 15

All of the above None of the above

Unauthorized absence for 15 days does not create permanent vacancy, but is only a ground for removal or suspension of a local elective official.

A. Proof beyond reasonable doubt because in Tano vs. Socrates, there must be a clear and unequivocal breach of the Constitution, not merely a doubtful or argumentative contradiction. Where doubt exists, even if well founded, there can be no finding of unconstitutionality. To doubt is to sustain. B. Preponderance of evidence because the nature of the case challenging the constitutionality of the ordinance is civil. C. Substantial evidence, which is defined in Ang Tibay vs. CIR as that relevant evidence as a reasonable mind accept as adequate to support a conclusion D. A or B depending on the cause of action. E. B or C depending on the kind of suit brought F. Depends on the sound discretion of the Court G. Not proof beyond reasonable doubt because an ordinance after all is of equal importance in relation to laws passed by Congress. H. Not even preponderance of evidence because ordinances are inferior to laws passed by Congress. I. C and G J. None of the above

2.

ADVOCACY:

The City of Tagotayo passed an ordinance implementing a citywide identification system, whereby all residents must obtain an ID issued by the City Hall. The objective was to facilitate the services and security in the city. Said ID card shall be used in the payment of taxes, application for welfare, and access to government services among other things. The ordinance however grants the city government access to all the residents medical records, criminal and civil violations, tax payments records, etc. It passed through the Sangguniang Panlungsod, and was duly approved by Mayor Lito Lapid. Pipoy Penduko, an ex-convict now working as a baker and volunteer at the local orphanage challenged the ordinance on the ground that it was unconstitutional. Argue for both parties.

2. Which of the following statements is/are always true of the Presidents powers in relation to local governments?

A. The President may preventively suspend a mayor and appoint any local official, which he/she deems best suitable to carry out the tasks of the suspended official. B. The President may preventively suspend an elective official of a highly urbanized city or an independent component city. C. The President may merge or abolish cities and municipalities within the same province D. The President may merge or abolish administrative regions. E. The President may motu proprio rule on the constitutionality or validity of ordinances. F. The President enjoys special veto powers over local legislation.

For the local government general welfare may be used as an argument. For Pipoy, the right to privacy.

G. The President may place conditions on the Not proof beyond reasonable release of Internal Revenue Allotment in the exercise because an ordinance after all is of equal importance in doubt of her supervisory powers. relation to laws passed by Congress. H. B, C, E, G Not even preponderance of I. B and D only evidence because ordinances are inferior to laws passed by J. C and D only C and G None of the above ESSAY QUESTIONS

Which of the following statements is/are In Koronadal City, residents complained to local always true of the Presidents powers in relation to local health authorities regarding the recent rise of respiratory governments? diseases in the area, which they attribute to the odorless smoke coming from a nearby canning company. In response to the complaint, the Sanggunian formed a committee of five (5) experts with advance degrees in the field of medical science to determine the cause of the recent spate of respiratory diseases. The President may It turned out that three committee members were of the view preventively that that there is no iota of evidence to support the conclusion suspend a mayor and appoint any local official, which he/she the the odorless smoke from the factory was the cause of deems best suitable to carry out the tasks of the suspended them diseases. Two of the experts however dissented, one ofofficial. The President may pointing out that the chemical tests yielded positive for the preventively suspend an elective official of a highly urbanized presence of toxic chemicals. The other expert, citing foreign city or an factory medical journals concurred and recommended that theindependent component city. The President may merge or be closed at the soonest time possible. Majority of the abolish scientific Sanggunian member are of the view that there is nocities and municipalities within the same province The President may merge or basis for the ordinance and that conclusive evidence must be 2. presented. You are a member abolish administrative regions. of the The President may motu Sanggunian, will you support an ordinance closing down the proprio rule on the constitutionality or validity of ordinances. factory? Argue with reasons. The President enjoys special veto powers over local legislation. The President may place 3. Federalism has been cited as oneconditions on the release of Internal Revenue Allotment in the of the viable solutions to put an end to the MILF Problem. A exercise of her supervisory powers. Constitutional Convention has been convened to tackle the B, C, E, G matter and proposed amendments. You have been elected as a B and D only delegate to said convention and you are cognizant of the fact C and D only that Organization of Islamic Conference has pledged continuous economic aid to Mindanao in the event of a shift to a federal form of government. . Will you support the proposal? Argue with reasons. 3. What is the quantum of evidence required to overthrow the presumption of constitutionalityESSAY QUESTIONS or

1.

validity accorded to ordinances?

A. Proof beyond reasonable doubt because in Tano vs. Socrates, there must be a clear and unequivocal breach of the Constitution, not merely a doubtful or argumentative contradiction. Where doubt exists, even if well founded, there can be no finding of unconstitutionality. To doubt is to sustain. B. Preponderance of evidence because the nature of the case challenging the constitutionality of the ordinance is civil. C. Substantial evidence, which is defined in Ang Tibay vs. CIR as that relevant evidence as a reasonable mind accept as adequate to support a conclusion D. A or B depending on the cause of action. E. B or C depending on the kind of suit brought F. Depends on the sound discretion of the Court

In Koronadal City, residents complained to local health authorities that the recent rise of respiratory diseases in the area was due to the odorless smoke coming from a nearby canning company. In response to the complaint, the Sanggunian formed a committee of five (5) experts with advance degrees in the field of medical science to determine the cause of the recent spate of respiratory diseases. It turned out that three committee members were of the view that there is no iota of evidence to support the conclusion that the odorless smoke from the factory was the cause of the diseases. Two of the experts however dissented, one of them pointing out that the chemical tests yielded positive for the presence of toxic chemicals albeit in small quantities. The other expert, citing foreign medical journals concurred and recommended that the factory be closed at the soonest time possible. Majority of the Sanggunian member are of the view that there is no scientific basis for the ordinance and that conclusive evidence must be presented. You are a member of the Sanggunian, will you support an ordinance closing down the factory? Argue with reasons.

My proposed answer: Pre-enactment evidence for A. those sentenced by final judgment for an offense involving ordinance is only substantial evidence. You may also moral turpitude B. those convicted by final judgment for violating want to bear in mind the PRECAUTIONARY PRINCIPLE as the is a principle recognized in environmental law, which oath of allegiance to the Republic those with dual citizenship actually a restatement of the substantial evidence rule permanent residents in a foreign country as applied to environmental cases. deaf and dumb insane or feeble-minded failure to secure appropriate academic credentials for the local position A You may argue either ways depending on your ownand D E and G appreciation of the facts. None of the above

I.

4. Federalism has been cited as one of the viable solutions to put an end to the MILF Problem. A Constitutional Convention has been convened to tackle the matter and Essay Question A proposed amendments. You have been elected as a delegate to said convention and you are cognizant of the fact that You are a counsel for the Sangguniang Bayan (SB) of a fast Organization of Islamic Conference has pledged continuous economic aid to Mindanao. Will you support the proposal? Argue growing municipality. Cockfighting is the favourite pastime with reasons. of most of the male inhabitants in this municipality. A balikbayan, who after long years of earning a living in the US, decided to retire in the municipality and invest his (very open-ended to. But note that sir once askedin the cockpit business. In the process of applying savings the question. Is the Local Government Code enough? a license to operate the cockpit, a group of antifor My own question is: Will the expansion of the Local Government gambling advocates submitted its position to the SB to accommodate MILF grievances be enough?) opposing the grant of license to the project. The group is alleging that the act is beyond the powers of the SB; QUESTIONS FOR LOCAL GOVERNMENT instead, such has been vested exclusively on the Gamefowl Association. The SB has requested you to write an opinion justifying the SBs power to authorize and license the operation of cockpits. Multiple Choice

1. Local government units shall have the following powers to generate and apply resources under Section 18 Suggested Answer: of the LGC, except: Section fees A. create their own sources of revenue and levy taxes,447(a)(3)(v) of the LGC grants the SB the power to and charges authorize and license the establishment, operation and B. have a just share in national taxes maintenance of cockpits, and regulate cockfighting and C. partake in the proceeds from the utilization and commercial breeding of gamecocks, provided, that existing development of the national wealth and resources within their rights should not be prejudiced. The power to license respective territorial jurisdiction D. acquire, develop, lease encumber, alienate, cockpits and permits for cockfighting has been removed or otherwise completely from the Gamefowl Commission. dispose of real or personal property held by them in their proprietary capacity E. impose taxes on estates, inheritances, gifts and legacies of the inhabitants in the LGU F. levy taxes, fees and charges upon goods carried into or outthe Supreme Court in Municipality of Malolos v. The ruling of of, or passing through, the territorial jurisdiction of the LGU Linbangang Malolos, Inc. (1998), that the regulation of G. A,B and C cockpits is vested in the municipal councils subject only to H. D,E and F the guidelines laid down by the Philippine Gamefowl I. B, C, and D Commission, is no longer controlling. The power of the SB J. E and F is no longer subject to the supervision of the Commission. 2. Article 40 of the LGC provides that the following persons are disqualified from running for any elective local positions, except: Source: Pimentel, p. 665.

III.

Essay Question B

4. Section 89 ensure compliance with the provision to avoid conflict of interest that could jeopardize public service

You are the head of an NGO advocating the professionalism and protection of the civil service particularly those employed in the LGUs. It is your organisations staunch that a highly professionalised civil service in the LGUs is a major shield against graft and corruption thereby ensuring the efficient delivery of and high quality service to inhabitants. The League of Municipalities, which at present is under the helm of progressive minded local officials, has requested you to present a paper outlining some propositions on this subject matter on the occasion of its annual general assembly. To ensure the implementability of your propositions, the League has requested you to frame them within the bounds of the LGC. Discuss some of the major propositions that you will put forward to the League.

EXAM QUESTIONS 1. a. The following ordinances or acts are deemed valid under A municipal ordinance prescribing the zonification and

the general welfare clause: classification of merchandise and foodstuff sold in the public market b. A proclamation reserving certain parcels of the public domain situated in Malabon for street widening and parking space purposes c. d. A resolution confirming / ratifying a Burial Assistance An ordinance requiring entities selling admission tickets to Program extending financial assistance to bereaved families movies, public exhibitions, games, contests, or other

Suggested Answer:

performances to charge only half-price for children between 712 years old e. A zoning ordinance which declares an area as a commercial Leasing of public plaza to vendors All of the above All of the above except c and e All of the above except d and f

Source of power/responsibility: Sections 76 and 77 Under Section 76, aside from the various officers and personnel explicitly mentioned in the LGC, LGUs are free to design and implement their own organization structures and staffing patterns. They must, however, take into

zone and regulates the location of funeral homes therein f. g. h. i.

j. None of the above account the requirements of public service, their own financial capability, and the standards and guidelines of the Civil Service Commission. LGUs can therefore create offices, provide for their 2. The city and municipal mayor exercises operational powers and functions and for the qualifications and emoluments supervision and control over the Philippine National Police. The of the personnel thereof. following acts are well within such power except a. Act as chairman of local peace and order council b. Under Section 77, the chief of the LGU shall be responsible for Develop and establish an integrated area or community human resources and development in his unit and take public safety plant embracing priorities of action and program personnel actions in accordance with the Constitution and CSC thrusts for implementation by the local PNP stations rules and regulations. c. Sponsor periodic seminars for members of the PNP assigned to detailed in his LGU in order to update them regarding local Some propositions that may be put forward: ordinances and legislations

d. Power to impose, after due notice and summary hearings, 1. Section 80 Section (a) - sufficient compliance to notice requirement to encourage disciplinary penalties for minor offenses committed by members more applicants; Section (c) - selection of member of the personnelPNP assigned to their respective jurisdictions of the selection board shall ensure the proper and fair representation e. of relevant sectors 2. Section 81 adequate Recommend the recall or reassignment of the compensation to motivate efficient service Chiefintegrity when, in the perception of the local peace of Police 3. Section 83 strengthen and transparency of grievance procedure as protection council, such Chief of Police has been ineffective and order to employees in combating crime or maintaining peace and order in the
city or municipality

g. operations h.

Control Authority

and to

supervision recommend

over to

anti-gambling necessary the

for

an

efficient

and

effective

city

government, and in this connection, shall: (v) Enact provincial ordinances intended to prevent, suppress and impose

director the transfer, reassignment, or detail of PNP appropriate penalties forand such other activities inimical members outside of their respective city or town residences the welfare and morals of the inhabitants of the city. to i. j. k. All of the above All of the above except f None of the above II. Legislation by Congress vs. Ordinance by Sangguniang Panlungsod IV. Right of the city to determine for itself what is moral vs. national legislative purposes 3. The City of Manila has enacted Ordinance 09-1102-03, An Ordinance Prohibiting the Construction of Buildings, Edifices, and Other Infrastructures which do not Conform to the Existing Architectural Design Found and Situated Within Intramuros. City officials aim to preserve the whole Walled City as a cultural and historical heritage site. Your client, a property owner who is planning to construct a high-rise condominium in the area, wishes to challenge the said ordinance primarily on the basis of the right to use property. Would your case prosper? Argue. I. Applicable provisions: Section 458 (a)(4) Regulate activities relative to the use of land, buildings and structures within the city in order to promote the general welfare II. Heritage considerations vs. economic considerations 4. In the 1994 case of Magtajas vs. Pryce Properties, the Supreme Court upheld the primacy of the national lawmaking body over the local council. The Government of Cagayan de Oro City cannot prevent, through an ordinance, the operation of a casino by PAGCOR in the said city, which is a valid exercise of PAGCORs power and authority to centralize and regulate all games of chance as provided in its charter (PD 1869). Do you agree with this ruling taking into consideration the city governments power to enact ordinances intended to prevent and suppress such activities inimical to the welfare and morals of the inhabitants of the city? I. Applicable provisions: Section 458 (a) The sangguniang panlungsod, as the legislative body of the city, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the city and its inhabitants pursuant to Section 16 of this Code and in the proper exercise of the corporate powers of the city as provided for under Section 22 of this Code, and shall: (1) Approve ordinances and pass resolutions Carmen Sandiego was driving on a road which was under the control of the Municipality of Novaliches. Unfortunately, Carmen got into a car accident on the road, and has sued the Municipality of Novaliches, claiming it was liable for damages based on its duties under the Local Government Code and the Civil Code. You are the municipal attorney, and currently have many cases to handle. In fact, you are not sure you will be able to adequately defend the Municipality in this case. A highly respected attorney within Novaliches has offered to handle the case, pro bono, for the Municipality. He has 2. Which of the following would likely be classified as valid corporate functions of a local government unit? a. collecting real property taxes b. collecting rents from leasing public plaza space to private persons c. constructing a government office building d. collecting rents from office spaces leased to private persons e. running a public train system f. none of the above g. only b, c, d and e h. only c, d and e 1. according to the LGC, whose duty is it to take custody of and exercise proper management of the funds of the local government unit? etc) (PAGCORs financial gains

a. b. c. d. e. f. g. h. i. j.

treasurer accountant budget officer assessor all of the above none of the above only a and b only c and d only a and c only b and c

i.
j.

Only d and e all of the above

even agreed to collaborate with you. Write a memo B, & F A, explaining why you, as municipal attorney, are willing to None of the above. accept his services, adding any stipulations that would further bolster the validity of your acceptance. *The officers enumerated are applicable for municipalities, cities, and provinces. The question asks about local government units. Munis, cities, and provs arent the only Generally, only a municipal attorney can handle cases for these officers dont apply to them. lgus and the LGU. There are some exceptions to this rule, for example when the municipal attorney is disqualified from handling the case. Also, there was a case where a municipal attorney was allowed Determine whether the following statements are to take over the work started by a private attorney, as long as no public funds were expended in doing so. One of the fundamental principals that must be followed seems to be that An attempt to enforce a disapproved ordinance no public funds are expended. is sufficient ground to suspend a municipal mayor. An attempt to enforce a disapproved ordinance is sufficient ground to suspend a city engineer. Preventive suspension may be imposed by the Although the Local Government Code provides for dual President on citizenship as a ground for disqualification from runningcity mayors. for any elective local position, jurisprudence has said Preventive suspension may be imposed by the that it is actually dual allegiance which is barred, and not mere dual citizenship. What are the President on city engineers. differences between the two? Do you think the Supreme Court was correct to make such a distinction? With PROPOSED ANSWERS: 1. The following are mandatory officials for local government units: A. Sanggunian secretary, treasurer, accountant, assessor, social welfare and development officer, legal officer, engineer, agriculturist B. Planning and development officer, budget officer, health officer, engineer, legal officer, population officer, agriculturist, administrator C. Sanggunian secretary, treasurer, assessor, accountant, budget officer, agriculturist, social welfare and development officer, administrator All statements are true. Only I & II are true. Only III & IV are true. Only I, II, & III are true. Only I & III are true. Only I is true. Only II is true. Only III is true. Only IV is true.

D. Civil registrar, administrator, engineer, health None of the statements are true. officer, legal officer, planning and development officer, agriculturist, social welfare and development officer *I & II: An attempt to enforce a disapproved ordinance is a ground for suspension of the official or employee E. General services officer, veterinarian, population concerned. Sec 58 does not distinguish between elective officer, cooperatives officer, budget officer, planning and and appointive officials. development officer, administrator, architect III & IV: These are false because when it comes to cities, the F. Agriculturist, civil registrar, treasurer, planning President can only impose preventive suspension on and development officer, health officer, engineer, legal elective officials of HUCs and ICCs. officer, assessor G. H. C union D C intersection D Chim Kiu, a 21-year old Davao City girl, went to Baguio on May 10, 2009 to watch her boyfriend, Erald Ganderson, enter the Philippine Military Academy. Because

Erald was so devoted to her, and even learned to speak Chinese and Visaya so that they could somehow converse in Chinglishaya (Chim can only read and write Chinese, Visaya and basic English), it was inevitable that Chim would fall head over heels for him. Wanting to always be near Erald, Chim, a fresh college graduate from an American university, got a job at the Manor in Camp John Hay, where the employee housing is also situated. Before the year ended, Chims father, a Filipino, found out her motive for working and living in Baguio. He set out to fetch her and bring her home because in the first place, Erald, an Amboy, is not one of us. To escape her traditional Chinese-minded father, Chim decided to run for City Vice Mayor, in the very popular incumbent Mayors ticket, to assure her stay in Baguio until Erald graduates. The election that year was going to be on May 11, 2010.

g) all of the above h) a, b, e, and f i) a, c, e and d j) a, b, and e

2) Which of the following is/are not member/s of the Sangguniang Bayan?

A. You are Chims father. Oppose Chims eligibility and bring your baby daughter home. B. You are Chim. Argue to death to fight for your love (and your eligibility to run for Vice Mayor). *basically, argue requirements on literacy and residency

a) b) c) d) e) mga barangay f) g) h) i) j)

mayor vice mayor an SK chairman womens representative president of the chapter of the liga ng all of the above a, b and c b, c and d c, d and e c

ESSAY QUESTION

4. The Local Government Code did not devolve the environment and natural resources services to the A friend of yours who also is a 3rd local governments. Instead of having on-the-ground term mayor told you that when a neighboring city is divided authority on these matters, the national government is planning to include two more barangays from that city he kept such power and function, through the DENR. his city jurisdiction. In that way, he could run for another to term. Can he run? Should the Code have done this? What parameters 8 out of the 17 cities in Metro could be measured to determine the readiness of Manila opposed the implementation of the single ticketing LGUs for such powers and services? system ordinance of the MMDA. What are their grounds for the non implementation of the ordinance? *reminder: sir thinks its wrong that ENR services were not devolved. You can have a different opinion, of course. MULTIPLE CHOICE MULTIPLE CHOICE QUESTIONS: The declaration of policy, as espoused in Sec 2 of the Local Government Code is basically a 1) which among the following officers are required to some of the most important policies on local reiteration of be appointed in cities, provinces and municipalities: autonomy provided in Art X of the Constitution. What are the policies declared in Sec 2 of the Local Government Code? a ) health officer b) budget officer c) legal officer d) maintenance officer e) accountant f) waste management officer a.)sustainable development &economic growth b.) social justice genuine and meaningful local autonomy d.) accountability of LGUs e.) Mandatory periodic consultations with LGUs, NGOs and other sectors of the community

f.) initiative referendum and recall g.) social welfare h.) a, b &c i.) c, d &e j.) d, e &f

Fernando, The resolution authorized the municipal government through the mayor to initiate expropriation proceedings.

Enteng, the head of the family, filed a Motion to Dismiss the petition for expropriation alleging that the taking is not for public use but for the benefit of certain individuals; that it is politically motivated as they voted against the incumbent officials and that some of the supposed beneficiaries had not actually or freely signed the petition. Rule whether or not the action of the Sangguniang Bayan is valid.

2.)

a.) argue in favor of the Kabisotes b.) argue in favor of the Sanggunian

Pursuant to this rule, LGUs have the power to exercise just about any act that will benefit their constituencies. Particularly, through this rule, LGUs can exercise powers that are: expressly granted, necessarily implied from the power that is expressly granted and, necessary, appropriate or incidental for its efficient and effective governance and essential to the promotion of the general welfare of their inhabitants

*Answer: (case in point: Beluso vs Municipality of Panay) KABISOTE: Expropriation, exercised by means of a resolution and not an ordinance is NOT valid. -a local government unit cannot authorize an expropriation of private property through a mere resolution of its law making body. The Local Government Code expressly requires an ordinance for the purpose and a resolution will not suffice. As held in Municipality of Paranaque vs VM Realty Corp, an ordinance is a law but a resolution is merely a declaration of the sentiment or opinion of a law making body on a specific matter. An ordinance possess a general and permanent character but a resolution is temporary in nature. Additionlaly, the two are enacted differently a third reading is necessary for an ordinance but not for a resolution, unless decided otherwise by a majority of all the Sanggunian members.

a.)

police power

b.)

Devolution

c.)

Decentralization

d.)

general welfare

e.)

eminent domain

f.)

taxation

g.)

general supervision

-Eminent domain, which is the power of a sovereign state to appropriate private property to h.) state control particular uses to promote public welfare, is essentially lodged in the legislature. While such power may be validly delecated to local government units, other public entities and i.) none of the above public utilities, the exercise of such power by the delegated entities is not absolute. In fact, the scope of delegated j.) all of the above legislative power is narrower than that of the delegating authority and such entities may exercise the power to expropriate private property only when authorized by ESSAY congress and subjects to its control and restraints imposed through the law conferring the power or in other legislations. LGUs by themselves have no inherent power of eminent domain. The power of eminent domain delegated to an LGU is 1.) The Kabisotes owned a parcel of land in Pampanga in reality not eminent ut inferior since it must conform to covered by Free Patent in which they have lived for more than 10 the limits imposed by the delegation and this partakes only of years. A resolution was issued by the Sangguniang Bayan of San a share in eminent domain. The national legislature is still the

principla of the LGUs and the latter cannot go against the principals will or modify the same.

SANGGUNIAN basically an exercise of police power

3.) Given that the purpose of the LGC in establishing local autonomy in the system of governance is to enable the LGUs to become self-reliant communities and to make them more effective partners in the attainment of national goals, do you think a shift to federalism will make give our country a more responsive, accountable and capable governance?

Strengthens the state's military and diplomatic front given the larger resource pool afforded by autonomous and self-reliant local governments. But along with these benefits, there are costs to adopting a federal form of government, said Mr. Nice. For one, regional governments may unduly neglect externalities, as decisions made in one state may have an impact on a neighboring state, whose citizens obviously have no say on the former's policy. A localistic bias may even develop at the expense of national interest. Equal stature may result in problems of coordination among different autonomous governments, and possibly to delays in terms of program implementation. If a model of cooperative federalism is adopted, citizens may be hard put pinning responsibility for failures in policy. Thus, liable parties could easily evade responsibility for their "shared" actions. Given the Philippine context (, federalism will enhance the autonomy of local governments. Depending on the needs and negotiations between the federal and state governments, there will be responsibilities that will belong exclusively to the federal government (such as foreign affairs, defense and currency); powers that will belong exclusively to state governments (such as social services, agriculture and health); and there will be those that will be shared (such as environment, education and trade). Federalism next step to devolution. Federalism as an option should be considered to fully operationalize local autonomy and devolution in the country. In the Philippines, advocates of federalism believe that the structure of the federal system will respond to the geographical obstacle and differences caused by cultural diversity on governance because it allows fragmentation while at the same time promoting national interest. It is also claimed that the federal structure will accelerate the countrys development and end the internal conflicts brought about by separatist movements in Mindanao.

SUGGESTED ANWER: PRO: Whichever model finds its way into any law that would redefine the country's political system, federalism, as compared to the unitary system, obviously affords a greater measure of autonomy to local governments. NGO proponents of the shift to federalism point to the likelihood of an increase in economic resources available to local governments owing to such a change in government. Pro-federalists foresee an 80%-20% swap in the mix of resource allocation in favor of the local governments, said Paul Paraguya, representative of the LPM who presented his organization's case during a forum on the Mindanao problem organized weeks ago by the Institute of Popular Democracy. Apart from the perceived economic benefits, American academic Nice outlines the following benefits accruing from a shift to a federal form of government: Allows localities to adapt national policy according to their peculiar needs; Prevents the abuse of power by the national as well as a regional government owing to the existence of other autonomous units that countercheck such abuses; Encourages innovation as far as the multiplicity of autonomous governments affords experimentation of different social policies at the same time; Encourages citizens to demand more efficient and responsive government; Enables governments to manage a growing set of demands from their constituents; Relieves central or national government from public resentment owing to the dispersal of tension across different jurisdictions; Fosters greater participation by citizens in governance; Encourages self-reliance on the part of local governments;

I.

Multiple choice questions:

1. The enumeration below provides for the manner of filling permanent vacancies in the sanggunian where automatic successions do not apply according to the Local Government Code, except:

A. The President makes the appointment in the case of the sangguniang panlalawigan. B. The President, through the executive secretary, makes the appointment in the case of the sangguniang panglungsod of highly urbanized cities. C. The governor makes the appointment in the case of the sangguniang panlungsod of independent component cities. D. The governor makes the appointment in the case of the sangguniang panlungsod of component cities. E. The city mayor makes the appointment in the case of the barangay. F. The governor makes the appointment in the case of the sangguniang bayan. G. A&C H. A, C & E I. All are false. J. None of the above

SUGGESTED ANSWER: H (if were going to be for illegal acts done in their official capacity and that putting strict about what the code actually says), G (if liberal) them on preventive suspension is part of that power.

2. Which of the following statements is false about the veto power of the local chief executive?

Decide the case.

SUGGESTED ANSWER: The Macalincag case held that it is the Secretary of Finance who is authorized to put the treasurer A. All local chief executives have preventive suspension. However, the governors act is under the power to veto any item in an appropriations ordinance. not invalid as the Local Government Code also grants him the B. All local chief executives may same power while the local official is undergoing investigation. veto any ordinance of the sangguniang panlalawigan, panlungsod or bayan on the ground that it is prejudicial Thus the governor did not act in excess of his powers. to the public welfare. C. The veto of the local chief executive can be overridden by the sanggunian through a 2/3 vote of all its members. C. Congresswoman Eva Fonda is considering of filing a bill to D. In vetoing an ordinance of the amend some provisions of the Local Government Code. She asks sanggunian, the local chief executive should state his reasons you for advice as to whether for doing so. E. A&D D. or not the sanggunian (bayan, panlungsod or panlalawigan) F. B&C should be granted contempt powers. What advice would you give G. A&C her? H. A, B & C I. None of the above J. All of the above SUGGESTED ANSWER: Yes, contempt powers should be given to the Sanggunian. Through the LGC and in furtherance of the goal of decentralization, the LGUs have been granted the power to craft legislation depending on their context and situation. Contempt powers should be granted to the Sanggunian so as to give their legislative power teeth. Congress has the inherent power of contempt (as held in cases such as Arnault vs. Balagtas) and in keeping with the policy of decentralization and devolution, such power should also be granted to the Sanggunian. A. MULTIPLE CHOICE 1. A member of the sangguniang panglungsod may be disciplined, suspended, or removed from office on the following grounds except A. Unauthorized absence for 16 consecutive working days B. Graft and corruption C. Immoral and dishonorable conduct D. Rape E. Violation of human rights F. Absences without justifiable cause for 5 consecutive sessions G. Disorderly behavior H. A & F I. A, F & G J. None of the above 2. Under the LGC, the following elective officials are required to disclose any business, financial, or professional relationship or any relation by affinity or consanguinity within the 4th civil degree with any person, firm, or entity affected by any ordinance or resolution which relationship may result in conflict of interest. A. Governor B. Vice Governor C. Mayor D. Vice Mayor

ANSWER: A

II.

Essay

A. Armando Solis is the provincial treasurer of Aklan. Administrative charges of dishonesty were filed against her through the complaints of Aklan Board Member Audrey King.

When Aklan Governor David Garcia, Jr. knew of the incident, he immediately placed Armando on preventive suspension pending investigation and Armando was informed of such development. Armando then filed a petition for prohibition with preliminary injunction. He assailed the preventive suspension imposed upon him, arguing that this was beyond the ambit of Governor Garcias powers since it was the Secretary of Finance and not the governor of Aklan who could impose such a suspension as held in the case of Macalincag vs. Chang.

It is Governor Garcias stand that he has the right to issue an order of preventive suspension against Armando as governor. He cites Art. 465 of the Local Government Code as basis for his action, saying that he is empowered to investigate local officials

E. Members of the Sangguniang Panlalawigan 2. The following are mandatory offices for the provinces, cities F. Members of the Sangguniang Panlungsod and municipalities except: G. Members of the Sangguniang Bayan H. A, B, C & D I. E, F & G J. All of the above a. secretary of the sanggunian B. ESSAY b. treasurer

1. Mayor Pedro was charged of violation of the c. assessor Anti-Graft and Corrupt Practices Act. The information alleged that the Mayor conspired with a subordinate to siphon off money from a local construction project. d. accountant Mayor Pedro as defense alleged that his Chief of Staff acted on his own and without his knowledge or consent. Can the Mayor rely on e. budget officer the Arias doctrine to escape criminal liability? Why or why not? f. planning and development coordinator 2. Some lawmakers have expressed their view that they are in favor of abolishing the Sangguniang Kabataan (SK) because of the g. engineer general observation that it is no longer serving its purpose as a training ground for youth leaders. Do you agree? Why or why not? h. health officer If you agree, is there a need to establish an alternative mechanism i. all of the above to continue youth representation in local government units (LGUs)? What measures can you propose? j. none of the above If no, what measures can you propose to improve the Sangguniang Kabataan? Maria 02-

1. The president has the power to suspend which of the following elective officials: Compare and contrast devolution with decentralization. Illustrate how the two processes contribute to achieving local autonomy.

a. those of the province b. those of highly urbanized cities c. those of an independent component city d. those of municipalities e. those of the barangay f. a and b g. a, b and c h. all except e i. all of the above j. none of the above

gist: whereas devolution involves a transfer from central gov't to lgu's of power, meaning it is political in nature, in decentralization, there is transfer of functions, meaning, it is administrative in nature.. opinion n ung next no right or wrong answers.. give examples nlng on what services are rendered, powers exercised...

Argue for or against the abolition of the Sangguniang Kabataan.

ans: g

opinion.. just read up on sections 423-435 of lgc 1. Which of the following statement/s is/are false

A) The President may preventively suspend a governor B) The President may preventively suspend a city mayor C) A Governor may preventively suspend a mayor of a municipality D) A Governor may preventively suspend a member of the sanguniang bayan E) A Mayor may preventively suspend a punong barangay F) A & B G) B&D H) A&C I) None of the above J) All of the above

*tinanggal ko lang yung vice mayor

ESSAY QUESTION 1

Studies have surfaced that the number one cause of poor academic performance in schools is addiction to computer games. Most students could be seen playing these games in internet cafes during and after class hours

The Sangunniang Panlungsod of Quezon City enacted an ordinance to combat such problem.Under the ordinance, computer shops within a 1 km radius from any school cannot install any kind of videogame in their computers. Argue for and against the ban.

for the ban: police power general welfare *president may only suspend elective officials of a province, a highly urbanized or an independent component city against the ban: 2. How may a recall be initiated as to means employed:

- overbroad - ban is total; should only be against students; or should be implemented during class hours, and not extend A) By a petition of at least 25% of the total number of the night and weekends during registered voters in the LGU concerned B) In the city level, by all punong barangays and sanguniang barangay members in the city ESSAY QUESTION 2 C) In the municipal level, by all punong barangays and sangguniang barangay members in the municipality A Congressman, who is a member of a committee studying D) In the provincial level, all mayors and sanggunian members possible amendments for the Local Government Code, asks for of the municipalities and component cities your advice on how to empower local governments as regards programs sought to be implemented by the National E) In the legislative district level, where the sanggunian Government within their area. State your recommendations and panlunsod members are elected by district, all reasons for such. elective barangay officials in the district F) B & C G) C & D H) D & E I) B & E J) all of the above proposed answer: - In the interpretation of the court of Sec 27 in Province of Rizal v Exec Sec, it said that the requirement on prior consultation in Sec 27 should be read with Sec 26. Thus, Sec 27 only applies to project which are environmentally critical.

- A possible amendment would thus be to also include prior consultations and approval as to other types of projects by the National Government MULTIPLE CHOICE

ii) If the local chief executive concerned the same, he shall affix his signature on each and every page thereof; otherwise, he shall veto it and return the same with his objections to the sanggunian. iii) The Sanggunian may proceed to reconsider the same. It may not override the veto of the local chief executive.

1. An ordinance enacted by the sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan is approved in the following manner:

D. i) It is presented to the provincial governor or city or municipal mayor, as the case may be.

A. i) It is presented to the provincial governor or city or municipal mayor, as the case may be. ii) If the local chief executive concerned approves the same, he shall affix his signature on each and every page thereof; otherwise, he shall veto it and return the same with his objections to the sanggunian. iii) The Sanggunian may proceed to reconsider the same. It may override the veto of the local chief executive by two-thirds (2/3) vote of all its members.

ii) If the ordinance was enacted by 2/3 vote of all the members of the Sanggunian, the local chief executive shall approve the same. iii) If it was not so enacted, and if the local chief executive approves the same, he shall affix his signature on each and every page thereof; otherwise, he shall veto it and return the same with his objections to the sanggunian. iii) The Sanggunian may proceed to reconsider the same. It may override the veto of the local chief executive by two-thirds (2/3) vote of all its members.

iv) The veto shall be communicated by the local chief executive veto shall be communicated by the local chief executive iv) The to the sanggunian within 20 days in the case of a province, and sanggunian within 15 days in the case of a province, and to the 15 days in the case of a city or a municipality; otherwise, the days in the case of a city or a municipality; otherwise, the 10 ordinance shall be deemed approved as if he had signed it. ordinance shall be deemed approved as if he had signed it.

B. i) It is presented to the provincial governor or city or municipal mayor, as the case may be. ii) If the local chief executive concerned approves the same, he shall affix his signature on each and every page thereof; B ANSWER: otherwise, he shall veto it and return the same with his objections to the sanggunian.

E. None of the above F. It depends

iii) The Sanggunian may proceed to reconsider 2. Under Sec. 3 Art. X of the 1987 Constitution, the Congress the same. It may shall enact (2/3) override the veto of the local chief executive by two-thirdsa local government code which shall: vote of all its members. iv) The veto shall be communicated by the local chief executive Provide for a to the sanggunian within 15 days in the case of a province, and more responsive and accountable local government 10 days in the case of a city or a municipality; otherwise, the structure instituted through a system of decentralization with effective mechanisms of recall, initiative, ordinance shall be deemed approved as if he had signed it. and referendum. Allocate among the different local government units their C. i) It is presented to the provincial powers, responsibilities, and resources. governor or city or municipal mayor, as the Provide for the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of case may be. local officials.

All other matters relating to the organization and operation of the local units.

- their rights are not infringed because they are not prevented in any way from exercising such rights - in fact they are even given a greater opportunity to exercise such rights with the establishment of a freedom park

E. All of the above F. Only A, B, C G. Only A and B H. Only A and D 2. The General Appropriations Act for Fiscal Year 2010-2011 provided for the setting up of a Local Government Special Fund as a portion of the IRA to be automatically released to the LGUs concerned. However, the LGU may be required to return said fund to the National Government upon a finding of the Oversight Committee on Devolution that the LGU concerned had not complied with the guidelines issued by the said committee. Is this provision of the GAA valid? ESSAY ANSWER: Not valid 1. The City of Malaya enacted an ordinance for the establishment of a freedom park in compliance with Sec.15 of BP 880. Under the ordinance, the freedom park shall be located in Tago St., an area that is far from the residential and commercial districts of the City. The citizens of Malaya approve of the establishment of the freedom park, but opposes its proposed location saying that to build it in a inaccessible place defeats the very reason for its being. The Malaya City officials maintain their position that the rights of the people to speak freely and seek redress of grievances are not violated and that the freedom park is to be located in such area for the security and protection of the citizens of Malaya in general. A. Argue for the citizens of Malaya. A. Every city government must have a treasurer. TRUE B. Argue for the City of Malaya. B. Every provincial government must have an information officer. FALSE ANSWER: A. freedom parks should be accessible to the public if it were to uphold the rights of the people to speak freely and peaceably to assemble petition the government for redress of grievances C. The City Accountant, Assessor, and Treasurer are all appointed by the City Mayor. FALSE D. The provincial, city or municipal health officer is in charge of eradication, prevention and cure of all forms of animal diseases. FALSE E. A and B only - placing it in an isolated area would defeat the purpose F. A and C only of the citizens in holding rallies, meetings or demonstrations G. B and C only - its an indirect curtailment of said rights because its an H. B due to its obstacle to the coming together/gathering of peopleand D only inaccessibility (more expenses, more taxing, less convenient) I. A, B, and D only B. police power of the citywelfare of the people is the J. None interests supreme law; subordination of individual benefit to the of the above of the greater number - no problem with the setting up of the Special Fund as a portion of the IRA because it is automatically released - however, the provision on the returning of the Funs upon a finding of the committee is not valid -- it is in effect a reduction of the IRA, and such reduction may only be done when the requirements under Sec. 284 of the LGC are complied with I. Multiple Choice

ANSWER: E

1. Which of the following statements is / are correct? ANS A

struck with grief and at the same time admiration for the contributions of Ms. Santos to their locality, ratified the 2. The Constitution and the Local Government Code granted change of name in a plebiscite. The Office of the local government units the following powers except: ans G President, the representative of their district, and the Bureau A. power to create own sources of revenue 129 and 18 of Posts were all notified. Eventually, the public school became known as Maria Santos Elementary School. B. power to dispose of real property held by them in proprietary capacity 18 C. power to close or open roads, through the local chief executive false, shld be thru the sanggunian D. power through the local chief executive, to employ casual employees, as authorized by sanggunian and upon approval by the Civil Service Commission false, shld be w/o need of approval by CSC E. power to enter into joint ventures with nongovernmental organizations 35 F. power to extend loans, grants, or subsidies to other local government units upon approval of majority of members of sanggunian 300 G. C and D H. D and E I. E and F J. F and C Alternative: argue on basis of justifiable reasons However, seven years after changing the name of the public school, news spread in the locality that Ms. Santos had an illicit affair while studying in Manila. Stories had it that she worked as a guest relations officer in a night club to sustain her studies, and that she got pregnant and left her child to grow up with the nuns. Disgusted with this story and worried that this will affect the reputation of the school, as well as the reputation of its graduates, the Sangguniang Panlalawigan is now taking steps to have the name of the school revert to its old name Mababang Paaralan ng Lalawigan. As a lawyer, you were consulted by one of the members of the sanggunian. What will you advise him / her?

Sec 13 of LGC change of name not oftener than once every ten years. Remedy would be to wait.

II. Essay.

B.

A.

Ms. Maria Santos grew up in a province in the Visayas. She finished college in Manila, summa cum laude. Armed with her Education degree, as well as her Topnotcher standing in the licensure examinations for teachers, Ms. Santos went back to the province to teach. She turned down offers to teach in Manila and instead opted to teach in Mababang Paaralan ng Lalawigan, an elementary school in a far-flung barrio in that province. After twenty-two years of dedicated service, Ms. Santos unfortunately became a victim of election-related violence, while on duty as a public school teacher.

A legislator asks you how we may improve the provisions of the Local Government Code on Credit Financing in the sense that it will afford more protection to the welfare of the local government unit against unscrupulous and corrupt local government officials and contractors. Draft sample provisions to be suggested to the legislator. MULTIPLE CHOICE 1. Which of the basic services and facilities are provided by municipalities? A. Agricultural support services which include planting materials distribution system and operation of farm produce collection and buying stations B. Public cemetery

The Sangguniang Panlalawigan, upon recommendation of the local school board and in recognition of Ms. Santos loyalty and dedication, unanimously voted to change the name Mababang Paaralan ng Lalawigan to Maria Santos Elementary School. The consultation requirement with the Philippine Historical Commission was met. The residents,

C. Solid waste disposal system or environmental management system and services and facilities related to general hygiene and sanitation D. Tourism development and promotion programs

E. Health services which include hospitals and otherso that Chairman Bayabas would have no ground bases tertiary health services to assail it. You, being the Municipal Attorney of Sta Isabela, were consulted by the mayor whether or not F. Social welfare services, livelihood projects, family she has power to impose disciplinary action and its planning services extent, if she has any. What would you advice Mayor Sigurista? G. All of the above H. I. J. B, C, F Answer: Section 60-63, LGC A, B, F D and E

There can be no true local autonomy, Answer: H (Sec 17, LGC); A: Services providedunless there is financial and fiscal autonomy. by Brgy; E and F by Province Express your agreement or disagreement with the statement. 2. The following are the major sources of revenues ofGranting you agree, how would you local government units EXCEPT: respond to criticisms that while there is no doubt that we have to give the money to the local government, A. Real Property Tax (in case of pprovinces, transfer of funds to the local government unit will the cities and municipalities in Metro Manila) mean the transfer of graft and corruption from the national officials to the local officials. Support your B. Business tax and License fees position by citing safeguards at the local level (i.e. provisionsin the LGC or other statutes ensuring C. Share in Customs duties accountabilities of officials and other relevant factors at the local level) D. Internal Revenue Allotment (IRA) share E. F. G. Grants and aids Contributions Borrowings from property held by them in Agree or Disagree (depending on your own

H. Income proprietary capacity I. J.

Safeguards:

All of the above except C A, B, C, D and H

Possibility of prosecution under Anti-Graft and Corrupt Practices Act Ombudsman, Commission on Audit Recall mechanism Strong civil society and strong participation

Answer: I (Sec 18, LGC)

ESSAY QUESTIONS

In the national, corruption is usually being done 1. Mayor Sigurista of Sta. Isabela has been by the department, the secretaries and the bureau. They receiving several complaints against Brgy. Chairman are not responsible to the people. They are not facing elections but they are only responsible to those who appoint Bayabas. Some of the allegations include sexual them. So accountability is more safeguarded in the local harassment of his very young secretary, nonliquidation of cash advances and arrogant and rude treatment towards his staff and some members of the Barangay Tanod. Fed up with his unpleasant demeanor, the complainants are appealing to Mayor Questions with Answers Sigurista to impose on the Chairman Bayabas proper disciplinary actions. But since the latter is known to be her staunch critic, Mayor Sigurista wanted to be sure that the actions she will adopt will have legal

1. Which of the following are powers basically devolved to local government units: A. Agriculture B. Infrastructure C. Heal D. Livelihoo E. Social Welfare F. Environment G. A, C, E, F only H. C, D, E, F only I. A, B, C, E only J. All of the above

a single year. (I forgot the case, where the SC ruled that 600 days of preventive suspension on 10 charges is invalid) Second, even assuming that the City Mayor was preventively suspended for a maximum of 90 days, it still is void and of no effect because the DILG Secretary did not have authority to issue the preventive suspension. (Even under the doctrine of political agency). In this case, the respondent is a City Mayor of a component city. Under Sec. 63 (a) of the LGC, it is the Governor and not the President / DILG Sec. under the doctrine of political agency which has the exclusive power to impose preventive suspension.

2 You are the Chief of Staff of Congressman X, who is a member of the House Committee presently studying possible amendments to the Local Government Code. He asks for your opinion on possible amendments regarding Basic Services and Term of Office. Draft at least one amendment on each and state your reasons.

Basic Services 2. Which statements are NOT true with respect to review of local should have been devolved under the basic services for One thing that legislation: the barangay (Sec.17.b.1) is the environment and natural resources. To achieve the policy of the law in protecting the environment, it is A. The Sangguniang Panlalawigan exercises power of better and more reasonable to put someone in the barangay since it is review over municipal ordinances the direct B. The Sangguninang Panlungsod or Sangguniang level by which services can be effectively catered.

Bayan exercises power of review over barangay ordinances C. The Sangguniang Panlalawigan exercises power of review over city ordinances in component cities. D. The regular courts exercise power of reviewof Office Term over ordinances passed by the Sangguniang Panlalawigan E. The regular courts exercise power of review over city an amendment that the terms of the local elective - I would push for ordinances in independent component cities. officials should be longer than 3 years, for instance 6 years. The F. C and D only rationale behind the law in imposing 3 year terms is to prevent political G. D and E only dynasties. But as we have seen, the rationale has not been satisfied by H. C and E only the present law inasmuch as political families are able to circumvent I. None of the above J. All of the above the law by letting their sons, daughters or spouses, or relatives run for the office vacated due to term limit, which effectively puts them in the same position of control. - The 6 year term will enable local elective officials to be able to realize and put into effect their programs for the local government units. Moreover, the effectivity of recall will be more strengthened and may 1 You are counsel for the City Mayor of Santiago City, a be utilized as control mechanism for those who are guilty of abuse of component city of the province of Isabela in Regionpower or authority. Note that under the present set up, recall is almost II. The City Mayor is under investigation for 2 offenses involving moral ineffective since it may only be filed one year after assumption of turpitude. The DILG Secretary has preventively suspended him for office and not later that one year before the 3 year term ends, 120 days pending investigations. What will be your meaning, itifmay only be filed in the middle year of the 3 year term. defense/s, any? Essay Questions: A. MULTIPLE CHOICE Defenses The following are true of the statement The President exercises general supervision over the LGUs. EXCEPT:

First, the number of days of penalty has no basis in law. Under A. Such power is only to ensure that local affairs Sec. 63 (b) even if there are several charges against the official, are administered according to law. he cannot be preventively suspended for more than 90 days within

B. The President has no control over their acts. 4, 2001, when Mayumi had fully served the 1998-2001 mayoralty term and was in fact already starting to serve C. The President cannot substitute their 2001-2004 term as mayor-elect. the judgments with his own. Mahusay and Mayumi were candidates for mayor D. It means overseeing or the authority of an officer to see that his the May 10, 2004 elections. Mayumi was then the in subordinates are performing their duties. incumbent mayor. Mahusay filed with the COMELEC a Petition to disqualify Mayumi predicated on the threeE. If the subordinate officers fail or neglect to perform their duties, the consecutive term rule, Mayumi having run in the 1995, official may take such action or steps as prescribed by law to make 1998, and 2001 mayoralty elections and have assumed them perform their duties. office as mayor and discharged the duties thereof for three consecutive full terms. F. The power means no more than the power of ensuring that laws are faithfully executed, or the subordinate acts within the law. A. You are counsel for Mahusay. Argue in favor of your client that Mayumi is already disqualified from running G. The power of the President over administrative disciplinary cases mayor. as against elective local officials is derived from the power of general supervision. B. You are counsel for Mayumi. Argue in favor of your client that the three-term rule is not applicable in the H. The power general supervision implies the authority to inquire into case. facts and conditions in order to render the power real and effective. I. None of the above. J. All of the above. 2. Theres an axiom in public administration that says there can be no sound decentralization until there has first been centralization. How do you apply this in the present 2. Which of the following acts can a Barangay do situation of the Philippines? under Local Government Code? A. Maintain a barangay health center and day-care center B. Maintain katarungang pambarangay Suggested Answers:

C. Maintain barangay roads and bridges and water Multiple Choice A. supply system D. Provide solid waste collection facilities E. Provide adequate communication facilities F. Provide industrial development services B. Essay G. All of the above. 1. A. Mayumis assumption of office as Mayor of San Vicente, H. All of the above except F. Camarines Norte from 1998 to 2001, may be considered as one full term service in the context of the consecutive three-term I. All of the above except E, F. limit rule. Such assumption of office constitutes, for Mayumi, service for the full term, and should be counted as a full term J. All of the above except D, E, F. served in contemplation of the three-term limit prescribed by the constitutional and statutory provisions, barring local elective officials from being elected and serving for more than three consecutive term for the same position. It is true that the RTC ruled that it was Mahusay who won in the 1998 mayoralty race and, therefore, was the legally elected mayor of San Vicente. However, that disposition, it must be 1. During the May 1998 elections, Gloria Mayumi was stressed, was without practical and legal use and value, having proclaimed mayor in San Vicente, Camarines Sur. Joseph been promulgated after the term of the contested office has Mahusay subsequently filed an election protest. RTC expired. Mayumi contention that she was only a presumptive declared Mahusay as the duly elected mayor in that 1998 winner in the 1998 mayoralty derby as her proclamation was mayoralty contest, albeit the decision came out only on July B. ESSAY

under protest did not make her less than a duly elected mayor. Her proclamation by the Municipal Board of Canvassers of San Vicente as the duly elected mayor in the 1998 mayoralty election coupled by his assumption of office and his continuous exercise of the functions thereof from start to finish of the term, should legally be taken as service for a full term in contemplation of the three-term rule.

B. One of the requisites for the application of the three term rule is not present. Mayumi might have indeed fully served the mayoral terms of 1995 to 1998; 1998 to 2001 and 2001 to 2004. The mayoral term however, from 1998 to 2001 cannot be considered his because he was not duly elected thereto. RTC has voided her election for the 1998 term when it held, in its decision that Mahusay was the legally elected mayor in the 1998 mayoralty election in San Vicente, Camarines Norte. This disposition had become final. While she indeed assumed office and discharged the duties as Mayor of San Vicente for three consecutive terms, her proclamation as mayor-elect in the May 1998 election was contested and eventually nullified per the decision of the RTC of Daet, Camarines Norte dated July 4, 2001. A proclamation subsequently declared void is no proclamation at all and one assuming office on the strength of a protested proclamation does so as a presumptive winner and subject to the final outcome of the election protest.

B. The preventive suspension of any elective official of a city is imposed by the President.63 C. The penalty of expulsion against a member of a sanggunian requires the concurrence of at least two-thirds vote of all the sanggunian members.50 D. An elective local official may be disciplined, suspended, or removed from office on the ground of his/her unauthorized absence for fifteen (15) consecutive working days.60 E. A and C F. A and D G. A, C and D H. C and D I. All of the above. J. None of the above. Suggested answer: A

2.) Which of the folowing statements is/are correct:

2. The situation now is that local governments must endure capricious governance from the center, particularly when seeking the release of their internal revenue allotments from an imperial Manila. The presidencys immense power of the purse makes local governments extremely vulnerable to Malacaangs political importuning. The Philippines development has been badly skewed. Industrial activity is concentrated in Metro Manila and in big cities. While the center of modernization may be generating spread effects to neighboring regions, those regions more distant are actually experiencing backwash, as the modern economy sucks away both their capital and their most vigorous inhabitants. Hence, a fine-tuning the Local Government Code to encourage greater autonomy seems the way to go. LGCs must be given more powers to be able to effectively manage and lead their respective regions toward progress and development.

A. The term devolution refers to the act by which the National Government confers power and authority upon the various local government officials to perform specific functions and responsibilities.17e B. In the case of a conflict between a municipality and a barangay, doubts concerning the proper interpretation of a provision on a power of the said local government units shall be resolved in favor of the latter.5a C. A barangay may create indebtedness and enter into credit and other financial transactions.296 D. A province, city, municipality or barangay may, by a duly enacted ordinance, temporarily close and regulate the use of any local street or other public place where shopping malls, Sunday, flea or night markets, or shopping areas may be established.21d E. A and B F. A and C G. A and D H. B and C I. B and D J. C and D Suggested Answer: H

Essay Questions:

Multiple Choice Questions:

1.) Why do some critics characterize the power to create indebtedness as both good and bad for some LGUs? If you had the power to amend the Local Government Code, what amendments, if any, would you make with regard to credit financing? Explain.

Refer to sections 295 to 303 of LGC Refer to page 5 of Senator Pimentels introduction since he specifically mentioned this power as being abused by some local government officials Just argue on the pros and cons, a SWOT analysis if A. An administrative complaint against an elective you prefer official of a city shall be filed before the Office of the President.61 1.) Which of the following statements is/are always true:

2.) You are the senior legal assistant of the Chief Justice of the Essay Question A Philippines. She asked you to draft a decision on a case where the issue is whether or not a city has the power to ban aerial A proposal to build a massive spraying in its territory. She is sympathetic to the city and wants provincial superhighway across the province of Bukidnon in it to have a say, even a veto, on such activity. At the same time, order to link the cities of Davao and Cagayan de Oro has led to a she wants to be sure that the decision is based on a proper great deal of controversy among the political units of the appreciation of the respective roles of the national and local province. Many communities approve of the plan because of the governments in economic and environmental management. potential benefits of having such infrastructure, including the Draft a decision which reflects this thinking, citing legal and facilitation and reduction of costs in farm-to-market transportation. Some communities, on the other hand, argue policy rationales to support your conclusion. that such a project 2. would cause untold damage to the ecology Do I really have to tell anybody how to answer this? of Bukidnon. The ordinance containing the order to build the provincial superhighway is pending before the Sanggunian I. Multiple Choice Panlalawigan. You are legal adviser to a respected Sanggunian member whose vote is crucial to the decision. He asks for your opinion on the issue. 1. Any provision in the Local a. How would you argue for the Government Code on the power of a local government unit shall approval of the ordinance? What legal and policy justifications be interpreted: would you use? a. Liberally in favor of the local government unit b. In favor of the ANSWER: Sec. 16, Sec. 17(b)(3)(vii), LCG devolution of powers c. Strictly against the local government unit d. Strictly against the b. How would you argue for the person claiming e. By resort to the customs denial of the ordinance? What legal and policy justifications would you use? and traditions of the place f. All of the above g. a&b h. a, b & e ANSWER: Sec. 16, LGC i. c&d j. c, d & e Basically, this is a question on the general welfare provision. The ANSWER: H. Basis: Sec. 5, LGC issue is whether economic prosperity is of greater value than the right of the people to a balanced ecology.

2. The creation of a local government unit or its conversion from one level to another level shall be based on whether or not the unit in question meets the requirement of: a. Income b. Population c. Land Area d. Any one of the three e. Any two of the three f. All three concurrently g. None of the three h. Any one of the three plus a law enacted by Congress or an ordinance passed by the appropriate local legislative body i. Any two of the three plus a law enacted by Congress or an ordinance passed by the appropriate local legislative body j. All three concurrently plus a law enacted by Congress or an ordinance passed by the appropriate local legislative body

III.

Essay Question B

1. How can you reconcile the policy declaration in the Local Government Code to the effect that the territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy with the provision reserving the power of general supervision over local government units to the President? Are the two concepts necessarily inconsistent?

ANSWER: (suggestion lang) No, they are not necessarily inconsistent. It depends on the appreciation of the meaning of genuine and meaningful local autonomy. If less than full autonomy can be called genuine and meaningful, then the two concepts are complimentary facets of the decentralization regime embodied in the LGC. After all, the general supervision power is intended also a means to enforce the accountability of local officials, another declared policy in the LGC. (or just discuss the schizophrenic nature of decentralization of government blah blah blah) Locgov questions:

ANSWER: H. Basis: Sec. 7, LGC

Multiple choice:

1. Which of the following statements is true? following are mandatory municipal appointive officials. All 1. The a. Under a unitary set-up, autonomy is both by the mayor subject to the confirmation of the are appointed decentralization of administration and decentralization of power. sangguniang Bayan, except the following: b. LGUs are autonomous and independent units. c. Local autonomy granted to LGUs is in the form of qualified or limited self-government a. Civil registrar d. None of the above e. All of the above b. Budget Officer c. Accountant 2. The following statements are true respecting the Sangguniang Kabataan, except: a. The SK is a legislative body. b. The SK may issue resolutions. c. The SK may not issue ordinances. d. The SK can only pass measures on youth matters and youth affairs. d. Assessor e. Treasurer f. Secretary to the Sangguniang Bayan g. Health Officer h. a and f Essay: 3. Mt. Vulcan erupted in 2006. Several barangays were destroyed and covered with volcanic emission, which forced inhabitants to evacuate to other places. In 2008, Mr. Malakas, the Barangay Captain of Barangay Masugid, urged his people to go back to their barangay and start anew. Ms. Marikit, a government employee and one of the inhabitants of the distraught barangay, opposed the proposition and said there was no more barangay to return to, as it ceased to be a barangay when they all left the area. Decide. Barangay is not dissolved. Why? i. a and h

j. e and f

2. Under Section 6 of the Local Government Code, the following may create, divide, merge, abolish or substantially alter boundaries of Local Government Units, except the following:

Loss of constituency is only temporary. Process of dissolution has not taken place. There is non-user of dissolution. There was no plebiscite held.

a. By law enacted by the Philippine Congress in the case of a province, city, municipality b. By ordinance passed by the Sangguniang Panlalawigan in the case of a barangay c. By ordinance passed by the Sangguniang Panlungsod in the case of a barangay d. By ordinance passed by the Sangguniang Bayan in the case of a barangay e. By law enacted by the Philippine Congress in the case of a barangay f. By ordinance passed by the Sangguniang Panlalawigan in the case of a municipality or city g. b and c h. b and e

4. Mayor Labo of Malinaw City signed an ordinance passed by its Sangguniang Panlungsod prohibiting the sale in its commercial market of any imported produce. The ordinance invoked the police power of the LGUs and their interest in protecting the health (as harmful chemicals are used to preserve the quality of the imported produce during transit) of their constituents, as well as encouraging and protecting local agriculture. TAGO Corporation opposed the ordinance, saying it was beyond the powers of the city to enact. Decide. LGU can prohibit an act not prohibited by law.

police power of LGUs twin requisites of lawful subject and lawful means must be complied with no law must be violated local autonomy of LGUs local concerns best addressed by LGUs.

i. d and e j. d and f

Charges, if proven, should warrant removal from Charge against the officer or employee should involve dishonesty, oppression, or grave misconduct or neglect in the performance of duties A and B C and D E and F A and F For an ordinance to be valid, it must be in accordance with the following, except:

Essay-type questions:

Must be within the corporate powers of the city or 1ttorney Noe Client was appointed by Mayor Noe Good as City municipality to enact Legal Officer of the City of Kawatan during his first term. The Must be passed according to the procedure said appointment was confirmed by the Sangguniang prescribed by law Panlungsod in its regular session. Mayor Good was re-elected Must not contravene the Constitution or any other two more terms. As Atty. Client was his closest confidant, he likewise retained him as the City Attorney. However, due Must not be partial or discriminatory to Must not prohibit but may regulate trade the abrasive and confrontational nature of Atty Client, he Must be specific enough and consistent with created enemies within the Sungguniang Panlungsod. The public policy Mayor instead of submitting the name of Atty. Client as the A and E City Legal Officer for confirmation decided instead to nameand F A him as Acting City Legal Officer during his last term. Councilorand F E brought suit questioning the interim appointment as a ploy None of the above; all are requisites for a valid to ordinance. go around the requirement that Legal Officers be confirmed as such by the Sanggunian. The case was raffled to your sala. II. Essay Decide. It is estimated that there are over 150 political dynasties in the Philippines today. Do you think the dominance of political clans in local politics affect the development of LGUs? If you think that political dynasties pose a problem, what are the ways to avoid such problem? The LGUs have the power to re-zone specific areas as part of (no right or wrong their general welfare powers. Over the years and due to answer) political and/or business considerations, LGUs have rezoned The Sangguniang Bayan of the City of Las Bigas, specific lots or areas of land without consideration of the citing its power to prevent, suppress and impose penalties on surrounding gambling, enacted an ordinance prohibiting the selling of Small

Time Lottery Tickets, with the belief that it is very much akin to neighborhood. One would therefore sometimes see skyscrapers inin the City and imposing penalties thereon. PCSO assailed jueteng, a purely residential areas. Purely industrial areas are intermixed the validity of the ordinance arguing that under its charter, it is authorized with houses owned by informal settlers. Senator dela Cruz is now to hold and conduct lotteries and similar activities all over to thinking of amending the Local Government Code the Philippines. Can the City make a determination as to what activities mitigate/rationalize the power of the LGUs to do spot re-zoning. constitute gambling? Argue the case for the City and for You were are to provide the good Senator with a position paper on what should be contained in the said amendment. What (For the City, argue on the basis of police power. For the PCSO, changes will you propose. argue that the charter, as an act of the Congress, should prevail over the ordinance. Use the decision in BASCO v PAGCOR by analogy. ) 1.LGUs currently have a 40% share in the national internal revenue taxes. However, in the event that the national I. Multiple Choice government incurs an unmanageable public sector deficit, the 1. The following are the requirements for the imposition of the Philippines is authorized to make the necessary President of preventive suspension under the Local Government Code, adjustments in the internal revenue allotment of local government except: units subject to the recommendation of and consultation with which of the following? a. Issues must have already been joined b. Evidence of guilt is strong c. Gravity of the offense warrants preventive suspension d. Great probability that continuance in office of a. Secretary of Finance respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence

b. DILG Secretary c. Secretary of Budget and Management d. Presiding officers of both Houses of Congress 1.Vilma is serving her 3rd consecutive term as governor of Batangas. She was,however, suspended for three months during e. Senate President only term. Can she still run for the same position in the next local elections? Explain. f. House Speaker only g. Executive Secretary in consultation with the Sec of Finance In line with the recent news that there has been a proliferation of drug use in the high schools in Metro Manila, the City Council of Makati passed an ordinance imposing i. Governor of the Bangko Sentral ng Pilipinas an annual drug test for the Makati high students, which shall be held at any time during the school year on random students (i.e. 100 students during the month of June, another 100 during j. Commissioner of the BIR September and so on until all the students in the batch are tested.) Rule on the validity of the ordinance. Why or why not. 2. h. Presidents of the Liga i. A local government unit may contract loans, credits and LGU may only be created, divided, merged, other forms of indebtedness with any government or domestic enacted by Congress. abolished by law private bank and other lending institutions to finance to Creation and conversion of LGU from one finance construction, installation, operation or maintenance of level are based on income, population and land level to another public facilities, infrastructure facilitiesf etc. Division and merger of LGUs shall comply with the same requirements as prescribed for their creation. a) Only I is always true ii. LGUs may acquire property, plant, machinery, equipment b) Only II and such accessories under a suppliers credit, deferred is always true c) Only III is always true payment plan or other financial scheme. d) Only I and II are always true e) Only I and III are always true f) Only II and III are always true g) All of the iii. Government financial and other lending institutions are above are always true h) None of the authorized to grant loans, credits, and other advancements toabove are always true. i) All of or LGUs subject to prohibitory provisions in their charters the above are false j) All of the above are sometimes true. special or general laws on banking. Which among the following is not included in the basic services and facilities to be provided for by a baranggay:

a. Only i is always correct b. Only i and ii are correct

a) agricultural support services b) maintenance of katarungang pambarangay c) maintenance of barangay roads and water supply sytems c. Only ii is incorrect d) information and reading centers e) satellite or public market d. i, ii and iii are all always correct f) infrastructure facilities such as mutlipurpose halls, sports centers and similar facilities e. none of the above are cofrrect g) health and social welfare services h) services and facilities related to general hygiene and sanitation f. i is always correct while ii is sometimes correctall of the above i) j) none of the above g.iii is sometimes correct while i and ii are always incorrect Has devolution of powers been successfully implemented in the Philippines? h. ii and iii are always correct i. i,ii, and iii are sometimes correct j. only i is sometimes correct Barangays poblacion and p.rizal of the municipality of Bay, Laguna have been disputing the metes and bounds of the two barangay units. In the ordinances creating these barangays, the metes and bounds surrounding both of them clearly overlap. In order to finally settle the dispute, the chief executives of the LGUs

executed a compromise to specify such metes and bounds. Is this valid?

Sec. 385. Manner of Creation. A barangay may be created, divided, merged, abolished, or its boundary substantially altered, by law or by an ordinance of the sangguniang panlalawigan or Sec. 458. Powers, Duties, Functions and Compensation. (a) sangguniang panlungsod, subject to approval by a majority of the The sangguniang panlungsod, as the legislative of the city, votes cast in a plebiscite to be conducted by the Comelec in the shall enact ordinances, approve resolutions and appropriate local government unit or units directly affected within such period funds for the general welfare of the city and its inhabitants of time as may be determined by the law or ordinance creating pursuant to Section 16 of this Code and in the proper exercise said barangay. In the case of the creation of barangays by corporate powers of the city as provided for under of the the sangguniang panlalawigan, the recommendation ofSection 22 of this Code, and shall: the sangguniang bayan concerned shall be necessary. (4) Regulate activities relative to the use of land, buildings Sec. 386. Requisites for Creation. (a) A barangay may be and structures within the city in order to promote the general created out of a contiguous territory which has a population of welfare and for said purpose shall: at least two thousand (2,000) inhabitants as certified by the National Statistics Office except in cities and municipalities (i) Declare, prevent or abate any nuisance; within Metro Manila and other metropolitan political subdivisions or in highly urbanized cities where such territory However, to be able to do this, is it necessary to determine shall have a certified population of at least five thousand through court action whether or not the operations of charcoal (5,000) inhabitants: Provided, That the creation thereof shall plants are considered nuisance. not reduce the population of the original barangay or barangays to less than the minimum requirement prescribed 1. Which of the following statements accurately describe a herein. local government units exercise of its power of eminent To enhance the delivery of basic services in the indigenous domain. cultural communities, barangays may be created in such communities by an Act of Congress, notwithstanding the above requirement. Such power is exercised through its chief executive, (b) The territorial jurisdiction of the newacting pursuant to an ordinance. barangay shall be properly identified by metes and bounds or by Such exercise must be for public use, or purpose, or more or less permanent natural boundaries. The for the benefits of the poor and the landless. welfare There must be payment of just compensation. territory need not be contiguous if it comprises two (2) There must be a valid and definite offer previously or more islands. made to the owner, and such offer was not accepted. The local government unit may immediately take (c) The governor or city mayor may prepare a consolidation possession of the property upon the filing of the expropriation plan for barangays, based on the criteria prescribed in this proceedings Section, within his territorial jurisdiction. The plan shall be and upon making a deposit with the proper court of at least 15% of the fair market value of the property. submitted to the sangguniang panlalawigan or sangguniang The amount to be paid for the expropriated property panlungsod concerned for appropriate action. shall be determined by the LGU and the property owner, based on the fair market value at the time of the taking of the property. In the case of municipalities within the Metropolitan Manila All of the above. Area and other metropolitan political subdivisions, the All of the above, except F. barangay consolidation plan shall be prepared and approvedAll of the above, except E and F. by the sangguniang bayan concerned. The local government unit has no power of expropriation. The ruling in Mariano is an exception to the general rule of proper identification because of its peculiar facts: (1) the legislature deliberately omitted the descriptionAnswer: H. [Sec. 19 of LGC. xxx The amount to be paid for the in metes and bounds because of the pending litigation between Makati and expropriated property shall be determined by the proper court, Taguig over Fort Bonifacio; (2) RA 7854 provided that on the fair market value at the time of the taking of the based the territory of the City of Makati will be the same as that of the property.] Municipality of Makati, thus making the territorial jurisdiction of Makati ascertainable (subject, of course, to the result of the unsettled boundary dispute). Likewise, the ruling in City of Pasig (Settlement of Boundary Disputes) is an exception. 2. The following officials are elected at large in their respective I think that because of Mariano, court action is local government units by the qualified voters therein: necessary to determine the metes and bounds of the jurisdiction of the Barangays and not compromise. (Not sure) governor and vice-governor mayor and vice-mayor Charcoal plants have been increasing in number in Quezon punong barangay City that some members of the community consider it a sangguniang barangay members

nuisance. The city then promulgated an ordinance disallowing the construction and operations of charcoal plants within the area. Is this valid exercise of regulating activities relative to the use of land, buildings and structures?

E. members of the sangguniang panlalawigan/panlungsod/bayan F. presidents of the liga ng mga barangay and the pederasyon ng mga SK G. All of the above. H. A to E only. I. A to D only. J. A to C only.

>most cases of public funds malversation on the local level are caused by connivance between the mayor and the treasurer.

Answer: I. [Sec. 41 of LGC. xxx The regular members of the sangguniang panlalawigan/panlungsod/bayan shall be elected by district, as may be provided for by law. xxx Presidents of the liga ng mga barangay and the pederasyon ng mga SK [are] elected by their respective chapters, as provided in this Code.]

ESSAY QUESTIONS:

1. The Local Government Code provides, as a general rule, that heads of municipal departments and offices shall be appointed by the municipal mayor with the concurrence of the majority of all the Sanggunian Bayan members. A recognized exception to this rule is the case of the municipal treasurer and assistant treasurer who is appointed by the Secretary of Finance from a list of three qualified persons submitted by the mayor. Congressman X, who has previously served as a municipal mayor for three consecutive terms, has announced his desire to file a bill in Congress seeking to amend the LGC to remove this exception. The proposal is met with strong resistance by his political archrivals.

2. Local government officials from adjoining cities and municipalities in the province Cebu are looking at possible measures to consolidate their efforts, services, and resources to address their common problem areas: transport and traffic, solid waste disposal, flood control, and sewerage management. In one of their preliminary discussions, one group proposed the creation of a MetroCebu and possibly an agency patterned after the Metro Manila Development Authority (MMDA). Unsure of whether or not the LGUs have a power to do this, and learning of your expertise on cooperative undertakings among LGUs, the group hires you as their chief legal consultant. Prepare a policy memorandum outlining their options and what they will have to do to achieve their desired goal.

Note: The power to create a MetroCebu may only be done by Congress, not by the LGUs. But as to the creation of the agency, it depends on how you appreciate the facts. You may want to check out the following relevant provisions: 1987 Constitution, Article X, Section 11. The Congress may, by law, create special metropolitan political subdivisions, subject to a plebiscite as set forth in Section 10 hereof. The component cities and municipalities shall retain their basic autonomy and shall be entitled to their own local executive and legislative assemblies. The jurisdiction of the metropolitan authority that will thereby be created shall be limited to basic services requiring coordination.

A. You are the chief of staff of Congressman X. He asks you to draft the explanatory note for his formal introduction of the proposed bill. Outline the legal, policy and other applicable reasons to support his proposal. B. During the committee hearings, the Secretary of Finance was asked to present his views on the matter. Prior to his attendance thereat, he asks you to prepare a memorandum >This provision is the basis for the creation of the MMDA against through RA7924. For more information on this provision, see C. Congressman Xs proposal, emphasizing the policy behind such a provision in the LGC. What legal, policy or other Pimentel, p.25. applicable arguments would you cite? Local Government Code, Sec. 33. Cooperative Undertakings among LGUs. Local government units may, Proposed Answer: [from Pimentel, p634] through appropriate ordinances, group themselves, consolidate, or coordinate their efforts, services, and A. Arguments for the proposal that local treasurers should be resources for purposes commonly beneficial to them. In appointed by the local chief executives: support of such undertakings, the LGUs involved may, upon approval by the sanggunian concerned after a public hearing >need to ensure their career paths conducted for the purpose, contribute funds, real estate, equipment, and other kinds of property and appoint or assign >necessity of insulating these offices from national partisan personnel under such terms and conditions as may be agreed politics upon by the participating local units through Memoranda of Agreement. B. Counter-arguments: >If these officials were really good, nothing would prevent the central government from appointing them to higher positions. >See Pimentel p. 176. >partisanship also exists in local politics Which of the following is valid?

Governors a) Mayor X was elected on May 2007 , in July of 2008 he became the subject of a recall election, the Preparatory Recall Assembly was convened on January 2008. b) The election and proclamation of Mayor Mayor of Olongapo City was annulled so duly-elected Vice-Mayor VM became the new Mayor by virtue of the law of succession. PRA was constituted. It then passed and adopted PRA Resolution No.1 for the recall of Vice-Mayor Navarro. A recall election was later held pursuant to this. c) A recall initiated against the Mayor Santino of Pagasa by an NGO with province-wide membership. d) Mayor Y was elected on May 2007, in December 15, 2007 he became the subject of a recall election, the PRA was convened on even date. e) f) g) h) i) j) k) A C and D A and C B and D B and C A and B None of the above All of the above 2. Under Section 481 of the LGC, the appointment of a Legal Officer is mandatory for the following Local Government Units a. Provinces b. Highly urbanized cities c. Independent component cities The following are qualified to run for Mayor of City of Davao on the 2010 elections except. a. Mr X was sentenced to 12 years imprisonment for a crime, by December 2008, he has fully served his sentence and will surely be released on December 2008 as assured by the Secretary of Justice . b. Budget Officer B Who has three pending administrative cases; c. Mr. Joc Joc left Los Angeles and arrived on January 9, 2008 in Manila. Upon arrival, while resting in his hotel he received a telephone call from his wife that embezzlement charges were filed against him on January 9,2008 in LA. d. Mr. Estrada who is known to have been unable to pass first grade of elementary school. e. Sheldon who finished college at age 15 f. A and E g. A B and C h. D and E i. all of the above j. none of the above Multiple choice questions 1. Under Section 39 of the LGC, the following officials must be at least 23 years of age on election day d. Component cities e. Municipalities f. All of the above g. a & b h. a, b & c i. a, b, c & d j. a, b, c, d & e ANSWER: i Essay Questions 1. Mr. Manny Yakis was removed from office due to sexual harassment charges. The criminal case against him was dismissed. However, he lost in the administrative case against him. Mr. Yakis filed is certificate of candidacy for the next local elections. Mr. Contra Bida sought his disqualification. Mr. Yakis contended that he was never convicted of the crime ANSWER : g Mayor of highly urbanized cities Mayor of independent component cities Mayor of component cities e. f. Mayor of municipalities g. All of the above h. a & b i. a, b & c j. c, d & e k. d & e

charged and that the evidence presented during the The election and proclamation of Mayor Mayor of administrative proceedings was incompetent. Olongapo City was annulled so duly-elected Vice-Mayor VM became the new Mayor by virtue of the law of succession. PRA was a. If you were the lawyer of Mr. Yakis, how would you argue then passed and adopted PRA Resolution No.1 for constituted. It for his non-disqualification? the recall of Vice-Mayor Navarro. A recall election was later held pursuant to this. PROPOSED ANSWER A recall initiated against the Mayor Santino of Pag Not convicted by final judgment in criminal case an NGO with province-wide membership. asa by No mention in admin case that removal is with prejudice A and C the legislators could not have intended a convicted felon to B and C qualify for an elective position 2 years after serving his sentence while disqualifying a person who was removed from None of the above office as a result merely of an administrative case b. If you were the lawyer of Mr. Bida, how would you argue for the disqualification of Mr. Yakis? The following are qualified to run for Mayor of City of Davao on the The law does not qualify removal from office as a result ofexcept. 2010 elections an administrative case Mr X was sentenced to 12 years The law frowns upon those who have beenimprisonment for a crime, by December 2008, he has fully given the opportunity to hold office but chose to messserved same up the his sentence and will surely be released on December 2008 as assured by the Secretary of Justice . (b) Budget Officer B Who has three pending administrative cases; 2. Under Section 28 of the LGC, the extent of supervision and control of the local chief executives over the (c) Mr. force isleft Los Angeles and arrived on January 9, 2008 in police Joc Joc governed by RA 6975 or the DILG Act. Accordingly, the choice Manila. Upon arrival, while resting in his hotel he received a as to who becomes the Police Chief of the city or municipality telephone call from his wife that embezzlement charges were filed is lodged with the mayor. The Police Chief is against fromon list chosen him a January 9,2008 in LA. of 5 qualified nominees submitted by the NAPOLCOM. If you were a Senator, would you propose a bill removing said (d) Mr. Estrada who is known to have been unable to pass first grade of elementary school. appointing power from the mayors? PRO Appointing Power (e) Sheldon who finished college at age 15

Police force is indispensable in the execution of laws. If (f) a and e mayor is at odds with police chief - chaotic CON Appointing Power (g) d and e

Police force may be used to harass/ intimidate prospective opponents in elections Police force may connive with Mayor or cover up the latters illegal acts The Sangguniang Bayan of Candelaria, Zambales passed an ordinance banning the mining of magnetite along its shore and seabed as it is causing erosion of the shoreline and the destruction of coral reefs. The mining companies protested claiming that they Which of the following is valid? have permits to quarry issued by the provincial governor. If you were counsel for the Sangguniang Bayan what would be the basis for the action of the sanggunian? If you were counsel for the Mining company what will you advise your client? l) Mayor X was elected on May 2007 , in July of 2008 he became the subject of a recall election, the Preparatory Recall Assembly was convened on January 2008. Counsel for Sangguniang Bayan : General Welfare clause, balanced ecology Section 16. LGC

Counsel for Mining Company, quarrying permit to be issued by f. Issue licenses and permits and suspend or revoke the same for any violation of the conditions upon governor under Section 138 LGC which said licenses or permits had been issued, pursuant to law or ordinance Policy Question g. carry the necessary firearm within his territorial jurisdiction In Zambales, Chinese mining companies are extracting h. A, C, and D magnetite from the sand found in its beach and sea bed. All they need to get is a permit to quarry and does not go D, E and G D and G through the rigor which mining companies go through. As a bill drafter of a young senator, propose an amendment to the current provisions of the LGC on mining and quarrying.

Section 138. Tax on Sand, Gravel and Other Quarry The duty to provide for a public cemetery Resources. - The province may levy and collect not more than is vested by the LGC on the: ten percent (10%) of fair market value in the locality per cubic barangay meter of ordinary stones, sand, gravel, earth, and other municipality quarry resources, as defined under the National Internal city Revenue Code, as amended, extracted from public lands or province from the beds of seas, lakes, rivers, streams, creeks, and all of the above other public waters within its territorial jurisdiction. none of the above A and B A, B and C The permit to extract sand, gravel and other quarry resources B and C shall be issued exclusively by the [provincial governor] mayor, B, C and D pursuant to the ordinance of the sangguniang [panlalawigan] bayan/panlungsod. The proceeds of the tax on sand, gravel and other quarry resources shall be distributed as follows: (1) Province - Thirty percent (30%); (2) Component City or Municipality where the sand, gravel, and other quarry resources are extracted - Thirty percent (30%); and (3) Barangay where the sand, gravel, and other quarry Panlungsod (SP) of City of X recently passed an The Sangguniang resources are extracted - Forty percent (40%). ordinance regulating the use of motorcycles within its boundaries. The ordinance, among other things, provides that motorcycles * because the Municipality or City is more concerned with the right-most lane of roads (motorbike lanes), may only use the effects of the activity such as quarrying, it is prescribing penalties for violations thereof. Upon its enactment, their constituents that will be directly affected by the effects and consequences mga Bikers (SB) filed a petition to declare the the Samahan ng of the said activity. ordinance invalid, grounded on being ultra vires, and violations of due process and equal protection of the law. Multiple choice

Argue in favor of the city government. 1. The following are express privileges/ powers of a Protection of public safety as city mayor under the LGC, except: given by the general welfare clause a. Exercise general supervision and control Police power over all programs, projects, services, and activities of the city Traffic regulation within its government b. Appoint all officials and employees whose Argue in favor of the motorbike salaries and wages are wholly or mainly paidassociation.funds out of city c. Solemnize marriage National roads are governed by d. Preventively suspend an elective official national road regulations, thus the city government may not of the city impose rules substantially different from those imposed by the e. Enforce all laws and ordinances relative to national government the governance of the city and in the exercise of the Undue deprivation of right to use appropriate corporate powers roads, which are public property

c. Endangerment mixed with the buses and other PUVs

since

will

be

Part III Explain the rationale behind the provision for mandatory appointive officials for local government units. Why are some officials mandatory for certain units while only discretionary on other units? positions required for governance

(f) when the program may cause relocation of the occupants in the areas (g) only letters a, b, c and e (h) only letters d and f (i) all of the above (j) none of the above

ADVOCACY QUESTION

The National Power Corporation (NPC), a GOCC involved in the generation of power in the Philippines, wants to build a power look into the role of the respective LGU whichplant for the production of coal on the shores of Mauban, one are required to have mandatory appointive officials (city, of the municipalities of the Province of Quezon. It conducted municipality general-purpose government for coordination initial consultations with the provincial government of Quezon, and delivery of basic services) and the officials of Mauban, and these officials expressed their MULTIPLE CHOICE assent for the project as the municipality would derive benefits from the operation of the plant, particularly in creating jobs for the residents. There were talks that NPC and the 1. In the interpretation of the provisions of this Code, what are municipality of Mauban were about to enter a Memorandum of Agreement (MOA) whereby Mauban would the rules that should not be applied? allow NPC to build the coal plant on the condition that the residents of the municipality would have (a) Any provision on a power of a local government unit shall be liberally interpreted in its favor, and in case of doubt, any question thereon shall be resolvedhiring. Green Peace International, an international preference in in favor of devolution of powers and of NGO devotedlocal protection of the environment, objected to the the lower to the government unit. Any fair and reasonable setting up of the plant. doubt as to the existence of the power shall be interpreted in favor of the local government unit concerned; You are hired as NPCs counsel. Draft a (b) In case of doubt, any tax ordinanceopinion showing how the NPC and the municipality of legal or revenue measure shall be construed liberally Mauban could legally enter a MOA for the setting up of the coal for the local government unit enacting it, and strictly in against the taxpayer. Any tax exemption, incentive or Suggested answer: refer to Sections 2(c), 16, 26 and 27, LGC; plus relief granted by any local government unit pursuant to the Province of Rizal vs. Executive Secretary. provisions of this Code shall be construed strictly against the person claiming it. (c) The general welfare provisions in this Code You are hired as Green Peaces counsel. If shall be liberally interpreted to give more powers to local ever NPC and the municipality of Mauban would enter the MOA government units in accelerating economic development and without doing anything else, how would you assail its validity? upgrading the quality of life for the people in the community; Suggested answer: refer to Sections 2(c), 26 and 27, LGC; plus (d) Rights and obligations existing on the date of Province of Rizal vs. Executive Secretary. Basically, needs effectivity of this Code and arising out of continuing or any contracts consultation with people concerned + ordinance other source of prestation involving a localpassed by sangguniang panlalawigan approving the coal plant government unit shall be governed by the provisions of the Code; and (e) In the resolution of controversies arising under this Code where no legal provision or jurisprudence applies, resort may be had to the customs and traditions in the place where the controversies take place. (f) Only A and B (g) Only A and C (h) Only B and D POLICY QUESTION (i) Only B and E (j) None of the Above The Local Government Code of 1991 advocates the devolution of powers, basically for more efficient delivery of basic services. After 2. When does a National Government need to consult with LGUs, NGOs, Pos and other concerned more than of decade after its effectivity, do you think the LGC has sectors a the community before any project or program is achieved this goal? Cite examples and legal basis (if any). implemented? (a) when the program may cause pollution (b) when the program may cause climatic change Points to consider: (c) when the program may cause depletion of non-renewable resources Decentralization vs. devolution (d) when the program may cause loss of crop land, rangeland, or forest cover Declaration of Policy of the LGC: Section 2, LGC (e) when the program may cause extinction of animal or plant species

Operative Principles of Decentralization answer: f. MULTIPLE CHOICE 1. Which official(s) is/are not elective? a. Secretary to the Sanggunian b. Treasurer c. Accountant d. Budget Officer e. Engineer f. Health Officer g. Legal Officer h. None of the above Arguments: i. All of the above j. Some of the above. Specify: _________ against the ban balancing of interests, 46% is a significant part of the population, death v. skin disease, right to life, reasonable means ADVOCACY The Municipality of Nalin Tikan was hit by a deadly epidemic 5 years ago. 46% of its population was infected. As a solution, health machines were built, scattered throughout Nalin Tikan. Note that these machines dont cure the disease but only prevent it from growing worse, without which the victims wont last long. 6 months ago, there emerged studies that the chemicals coming from these machines will, in the long run, cause various skin diseases to the inhabitants who are not sick from the epidemic. The sanggunian passed an ordinance banning the health machines. a. b. Argue against the ban Argue for the ban

answer: h. all of the above. for the ban general welfare clause, authority to protect the constituents, focus on issue of WON the ban is WITHIN the sanggunians power

All these are appointive officials.

POLICY 2. Under Sec. 61 of the Local Governemnt Code, complaints against whom shall be filed before the we really need NGOs? Do sangguniang panlalawigan? (how do they affect the dynamics of local governance?) a. elective official of independent component municipality b. appointive official of barangay c. elective official of a barangay d. elective official of a province e. elective official of component city f. elective official of municipality Arguments: Yes supports the LGU, people benefit No can be abused, used as a front for graft and corruption, LGUs become lax MULTIPLE CHOICE QUESTION #1

g. elective official of component city or municipality h. appointive official of component city or municipality i. appointive official of independent component city j. elective official of city or municipality as The local government code defines a forum where disputes may be

amicably settled

local government unit for coordination and delivery of basic, regular and direct services

c. primary and implementing unit of government policies, plans, programs, projects and activities in the community d. basic political unit e. forum wherein the collective views of the people may be expressed, crystallized, and considered f. general purpose government g. C, D, E, F only h. A, B, D, E only i. A, B, C, D only j. A, C, D, E only

(2) SEC. 22. Corporate Powers. (d) Local government units shall enjoy full autonomy in 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 (is this a form of gambling prohibited/regulated by law).

MULTIPLE CHOICE QUESTION #2

2.

The lupon according to the local government code has functions that a. Exercise administrative supervision over conciliation panels b. Provide a forum for exchange of ideas among its members and the public on matters relevant to the amicable settlement of disputes c. Enable various conciliation panel members to share with one another their observations and experiences in effecting speedy resolution of disputes d. Promulgate resolutions necessary to carry out speedy conciliation proceedings e. Initiate programs designed to enhance amicable settlement of disputes in the barangay f. A, B, C only g. C, D, E only h. B, C, D only i. All of the above

Alternative way of raising funds SEC. 23. Authority to Negotiate and Secure Grants. - Local chief executives may, upon authority of the sanggunian, negotiate and secure financial grants or donations in kind, in support of the basic services or facilities enumerated under Section 17 hereof, from local and foreign assistance agencies without necessity of securing clearance or approval therefor from any department, agency, or office of the national government or from any higher local government unit: Provided, That projects financed by such grants or assistance with national security implications shall be approved by the national agency concerned: Provided, further, That when such national agency fails to act on the request for approval within thirty (30) days from receipt thereof, the same shall be deemed approved. The local chief executive shall, within thirty (30) days upon signing of such grant agreement or deed of donation, report the nature, amount, and terms of such assistance to both Houses of Congress and the President.

ESSAY QUESTION #2 Juan Dela Cruz, Jr., a 17-year old boy living in Brgy. Pag-asa, wrote the Philippine Daily Inquirer. He stated in his Young Blood entry about the dismal state of Philippine government and the disillusionment he feels. Juan specifically mentioned the Sangguniang Kabataan in his barangay led by SK Chairman Bebe Noquenta. He narrated that the Sangguaniang Kabataan only conducts annual basketball tournaments during summer and is rumored to spend their 80% of their budget in parties and outings shared by fellow Sangguniang Kabataan members and their friends. As a writer in Philippine Daily Inquirer tasked to respond to such Young Blood entry - who is very knowledgeable in the local government code, write an article that states the pros and cons of having a Sangguniang Kabataan?

ESSAY QUESTION # 1 Mayor Goodheart Reyes of City of Mabisa entered into contracts with PokerOne Enterprises to organize poker tournaments in order to finance the City of Mabisa Hospitals construction. Manny Mahiyain, a concerned citizen of City of Mabisa, assailed the validity of the act of the Mayor as gambling is against the law.

(1) As an adviser of the Mayor Goodheart Reyes, write a memorandum that will enable him to respond to this issue (2) (3) As a friend of Manny Mahiyain, who is very A: PROS - Sec 426 provides powers and functions of the knowledgeable in the local government code, inform how Sangguniang Kabataan Manny can attack the validity of said act and suggest (a) Promulgate resolutions necessary to carry out the alternative ways of financing the construction of the City of objectives of the youth in the barangay in accordance with Mabisa Hospital the applicable provisions of this Code; (b) Initiate programs designed to enhance the social, political, economic, cultural, intellectual, moral, spiritual, A: (1) SEC. 22. Corporate Powers. and physical development of the members; (c) Unless otherwise provided in this Code, contract may be (c) Hold fund-raising activities, the proceeds of which shall entered into by the local chief executive in behalf of the be tax-exempt and shall accrue to the general fund of the local government unit without prior authorization by the sangguniang kabataan: Provided, however, That in the sanggunian concerned. A legible copy of such contract shall appropriation thereof, the specific purpose for which such be posted at a conspicuous place in the provincial capitol or activity has been held shall be first satisfied; the city, municipal or barangay hall. (d) Create such bodies or committees as it may deem necessary to effectively carry out its programs and activities;

(e) Submit annual and end-of-term reports to the sangguniang barangay on their projects and activities for the survival and development of the youth in the barangay ; (f) Consult and coordinate with all youth organizations in the barangay for policy formulation and program implementation; (g) Coordinate with the appropriate national agency for the implementation of youth development projects and programs at the national level; (h) Exercise such other powers and perform such other duties and functions as the sangguniang barangay may determine or delegate; and (i) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. > If the SK does its function, it will really benefit the youth sector > It is not the system already put into place but the people you who are elected

CONS > corruption at an early stage as they deal with red tape and bureaucracy in the government > budget allocated seems to go to waste since no checks and balances happen regarding implementation of projects (same thing happens in any part of government)