Law on Local Government
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Prof. Dan Gatmaytan, 1st semester, AY 1999-2000
LAW ON LOCAL GOVERNMENT
Prof. Dan Gatmaytan
1st semester, AY 1999-2000
Introduction
A. Constitutional Basis -- Article X, 1987 Constitution
B. Innovations in the law on local governments introduced by the Local
Government Code of 1991
(1) Devolution of basic services (e.g. health, environment, etc.) to LGUs;
(2) Increase of financial resources available to LGUs;
(3) Devolution of responsibility for enforcement of certain regulatory powers (e.g.
reclassification of agricultural lands);
(4) Legal infrastructure for participation of NGOs and POs in the process of
governance
C. Effectivity : LGC Secs. 5(d), 536
Evardone v. COMELEC
Secretary of Health v. CA
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Book I: General Provisions
I. Basic Principles
A. The Code: Policy and Application
(1) Local government, decentralization, autonomy
Local autonomy:
power of LGUs to decide for themselves on certain matters
without need for clearance or approval by the national
government
Decentralization:
devolution of national administration (not power) from the
national government to the LGUs
Deconcentration:
flow of autonomy from the national government towards
regional agencies
Devolution:
act by which the national government confers power and
authority upon the various LGUs to perform specific
functions and responsibilities (LGC Sec. 17)
the transfer of power and authority from the National
Government to LGUs to enable them to perform specific
functions and responsibilities (Art. 24, IRR of the LGC)
Differentiate decentralization of administration from decentralization of
power.
Decentralization of
Administration
Decentralization of Power
Delegation by the central
government of administrative
powers to political subdivisions
in order to broaden the base of
government power. (Limbona
v. Mangelin)
Abdication of political power in
favor of LGUs declared to be
autonomous. In this case, the
autonomous government is free
to chart its own destiny and
shape its future with minimum
intervention from central
authorities. (Limbona v.
Mangelin)
Local government units
Autonomous regions
(2) Consultations
LGC Sec. 2(c):
“It is likewise the policy of the State to require all national
agencies and offices to conduct periodic consultations with
appropriate LGUs, NGOs and POs, and other concerned
sectors of the community before any project or program is
implemented in their respective jurisdictions.
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LGC Sec. 26:
Duty of National Government Agencies in the Maintenance
of Ecological Balance.
It shall be the duty of every national agency or
GOCC authorized or involved in the planning and
implementation of any project or program that may cause:
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pollution;
climatic change;
depletion of non-renewable resources;
loss of crop land, rangeland, or forest cover;
and
extinction of animal or plant species
to consult with the LGUs, NGOs, and other sectors
concerned and explain:
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LGC Sec. 27:
the goals and objectives of the project or
program;
its impact upon the people and the community
in terms of environmental or ecological balance;
and
the measures that will be undertaken to prevent
or minimize the adverse effects thereof.
No project or program shall be implemented by
government authorities unless:
(1) the consultations mentioned above are
complied with; and
(2) prior approval of the sanggunian concerned is
obtained.
Note: Occupants in areas where such projects are to be implemented
shall not be evicted unless appropriate relocation sites have been
provided, in accordance with the Constitution.
Comment:
Memorandum Circular No. 52 (1993) provides that all offices and
employees of national government agencies and offices including
GOCCs must strictly comply with the LGC provisions on
consultation. However, there are no penalties for such breach.
Question is: what are the remedies of the LGC if the consultation
requirements are not complied with?
(3) Scope of application
The LGC shall apply to all provinces, cities, municipalities, barangays, and other
political subdivisions as may be created by law, and, to the extent herein
provided, to officials, offices, or agencies of the national government.
(LGC Sec. 4)
(4) Merger of administrative regions

Administrative regions are mere groupings of contiguous provinces for
administrative purposes, not for political representation. (Chiongbian v.
Orbos)

While the power to merge administrative regions is not expressly provided for
in the Constitution, it is a power which has traditionally been lodged with the
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President to facilitate the exercise of the power of general supervision of local
governments. (Abbas v. COMELEC)
(5) Rules of interpretation
Provision on power of LGU:
Liberally interpreted in its favor. In case of
doubt, any question thereon shall be
resolved in favor of devolution of powers
and of the LGU. Any fair and reasonable
doubt as to the existence of the power shall
be interpreted in favor of the LGU
concerned.
Tax ordinance / revenue measure: Construed strictly against the enacting LGU,
and liberally in favor of the taxpayer.
Tax exemption, incentive,
Construed strictly against the person
relief granted pursuant to LGC: claiming it.
General welfare provisions:
Liberally interpreted to give more power to
LGUs in accelerating economic
development and upgrading the quality of
life for people in the community.
Where there is a controversy
arising under the LGC and
there is no applicable legal
provision or jurisprudence:
Customs and traditions in the place where
the controversy takes place may be
resorted to.
B. General Power and Attributes
(1) Creation of LGUs
Who may create, divide, merge, abolish, or substantially alter
boundaries of LGUs?
Congress
Sangguniang Panglungsod or
Panlalawigan
: province, city or municipality
: barangay*
*Note: Recommendation of sangguniang bayan
is necessary. (LGC 385)
In both instances, there must be a plebiscite called for the purpose in the political
unit or units directly affected. [This is to prevent gerrymandering (i.e., the practice of
creating legislative districts to favor a particular candidate or party) and the creation or
abolition of units for purely political purposes.]
*Where a plebiscite was held with its principal subject being the
conversion of the municipality of Mandaluyong into a highly-urbanized city
and the matter of separate district representation being merely ancillary
thereto, the Supreme Court held that the exclusion of the inhabitants of
San Juan (who belonged to the same congressional district as Mandaluyong)
from the plebiscite was proper. (Tobias v. Abalos)
Notes:
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
In the creation of barangays, there is no minimum requirement for area and
income. But for all the other LGU’s, there are standards prescribed.
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The creation of LGU’s is a purely legislative act. HOWEVER, LGU’s created by
the executive shall continue to exist by virtue of LGC 442 (d). (cf. Municipality of
San Narciso v. Mendez)

When the inquiry is focused on the legal existence of a body politic, the action is
reserved to the State in a proceeding for quo warranto or any other direct
proceeding. It must be brought in the name of the Republic of the Philippines
and commenced by the Sol-Gen or the fiscal when directed by the President of
the Philippines, and it must be timely raised. (Municipality of San Narciso v.
Mendez)
Can a statute lend color of validity to an attempted organization of a municipality
despite the fact that such statute is subsequently declared unconstitutional?
In the absence of another valid statute to give color of authority to its creation,
the organization of the municipality under such unconstitutional statute is invalid,
and the municipality cannot be considered as a de facto corporation.
In the case of Municipality of Malabang v. Benito, the Supreme Court held that
EO 386 (creating the municipality of Balabagan out of the barrios & sitios of
Malabang, Lanao del Sur) was unconstitutional. The mere fact that Balabagan
was organzied at a time when the statute had not been invalidated could not
make it a de facto corporation, as, independently of the applicable Administrative
Code provisions, there was no other valid statute to give color of authority to its
creation.
However, even though the municipality of Balabagan could not be considered a
de facto corporation, this did not mean that the acts done by it in the exercise of
its corporate power were a nullity. The Court pointed out that the existence of
EO 386 was an operative fact which could not justly be ignored. Thus, the
invalidation of the EO would not unsettle the acts done in reliance of the validity
of the creation of the municipality.
(2) Political and corporate nature of LGU’s
Differentiate the political nature and corporate nature of LGUs.
POLITICAL /
GOVERNMENTAL
CORPORATE /
MUNICIPAL
Sec. 15, LGC
Political subdivision of
national government
Corporate entity
representing inhabitants of
its territory
Lidasan v. COMELEC
Instrumentality of the
State in carrying out the
functions of government
Agency of community in
administration of local affairs
Torio v. Fontanilla
Administering powers of
the state, and promotion
of the public welfare
Exercising powers for the
special benefit and
advantage of the community
Liability of LGU to 3rd
persons
LGU cannot be held liable
Can be held liable ex
contractu or ex delicto
NOTE: This must be
Exceptions:
(1) If statute provides
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related to Art. 24 of the
Local Government
Code.
Liability of LGU’s
agents / officers
otherwise;
(2) NCC 2189
No liability provided that
duties were performed
honestly and in good faith,
and they did not act
wantonly or maliciously
(Torio v. Fontanilla)
Respondeat superior
Examples of governmental activities:
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Regulations against fire, disease;
Preservation of public peace;
Maintenance of municipal prisons;
Establishment of schools, post-offices, etc.
(Torio v. Fontanilla, citing Mendoza v. de Leon)
Examples of proprietary / corporate activities:
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Municipal waterworks;
Slaughterhouses;
Markets;
Stables;
Bathing establishments;
Wharves;
Ferries;
Fisheries;
Maintenance of parks, golf courses, cemeteries, airports
(Torio v. Fontanilla, citing Mendoza v. de Leon)
Holding of a town fiesta (Torio v. Fontanilla)
Notes:

Public markets are subject to the LGU’s supervision and control. Their closure or
conversion into private markets must follow the procedures laid down by law. Thus,
where the power to establish and maintain public markets is granted to the Municipal
Board, the local chief executive cannot unilaterally withdraw it from use as a public
market without the approval of the Board. (Cruz v. CA)
(3) General Welfare
What powers do LGUs have under the general welfare clause of the LGC?
(1) Powers expressly granted to the LGU;
(2) Those powers necessarily implied therefrom;
(3) Powers necessary, appropriate, or incidental for its efficient and effective
governance; and
(4) Those powers which are essential to the promotion of the general welfare.
(LGC Sec. 16)
What duties do LGUs have under the general welfare clause?
Within their respective territorial jurisdictions, LGUs shall ensure and support,
among other things:
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Preservation and enrichment of culture;
Promotion of health and safety;
Enhancement of the right of the people to a balanced ecology;
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Development of appropriate and self-reliant scientific and
technological capabilities;
Improvement of public morals;
Enhancement of economic prosperity and social justice;
Promotion of full employment among their residents;
Maintenance of peace and order; and
Preservation of the comfort and convenience of their inhabitants.
What are the 2 branches of the general welfare clause?
(1) Those ordinances / resolutions necessary to carry into effect and discharge
powers and duties conferred upon the municipal council by law; and
(2) Those ordinances / resolutions necessary and proper to provide for the
health and safety, promote the prosperity, improve the morals, peace, good
order, comfort, and convenience of the municipality and the inhabitants
thereof, and for the protection of property therein.
(U.S. v. Salaveria)
Ordinances / acts deemed ultra vires and void:
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An ordinance imposing a cadaver transfer fee which is payable whenever a
cadaver, previously interred in a burial place, is removed therefrom for
transfer to a private cemetery in Caloocan City, and which is distinct from the
burial fee (Viray v. City of Caloocan)
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An ordinance requiring entities selling admission tickets to movies, public
exhibitions, games, contests, or other performances to charge only half-price
for children between 7-12 years old (Balacuit v. CFI of Agusan del Norte)
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Leasing of public plaza to vendors (Villanueva v. Castaneda)
Ordinances / acts deemed valid under the general welfare clause:
Notes:
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A municipal ordinance prescribing the zonification and classification of
merchandise and foodstuff sold in the public market (Ebona v. Municipality of
Daet)
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A proclamation reserving certain parcels of the public domain situated in
Malabon for street widening and parking space purposes (Republic v.
Gonzales)
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An ordinance prohibiting the playing of games such as panguingue, poker,
paris-paris (and other games of chance) on days not Sundays or legal
holidays (U.S. v. Salaveria)
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Condemnation and demolition of buildings found to be in a dangerous or
ruinous condition within the authority provided for by municipal ordinances
(Chua Huat v. CA)
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A resolution confirming / ratifying a Burial Assistance Program extending
financial assistance to bereaved families (Binay v. Domingo)
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A zoning ordinance which declares an area as a commercial zone and
regulates the location of funeral homes therein (Patalinghug v. CA)
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
To constitute public use, the public in general should have equal or common rights to
use the land or facility involved on the same terms, however limited in number the
people who can actually themselves of it at a given time. (Republic v. Gonzales,
citing various cases)

The number of users is not the yardstick in determining whether property is properly
reserved for public use or public benefit. (Republic v. Gonzales)
Abatement of nuisances
Comment:
Secs. 447 and 458 of the LGC grant the Sangguniang Bayan and
Sangguniang Panlungsod, respectively, the power to “declare, prevent or
abate any nuisance.” The provisions of the Code do not make a
distinction between nuisance per se and nuisance per accidens, thus
creating a presumption that LGUs can abate all kinds of nuisances
without need of a judicial order.
However, the jurisprudence holds that LGUs can abate extrajudicially only
nuisances per se. How should this discrepancy be reconciled?
Study carefully the following:
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The Civil Code provisions regarding nuisances;
Estate of Gregoria Francisco v. CA
Technology Developers, Inc. v. CA (parts 1 & 2)
Laguna Lake Development Authority v. CA
(4) Basic Services and Facilities
What are the basic services and facilities which LGUs must provide to their
constituents?
BARANGAY
MUNICIPALITY
PROVINCE
CITY
Agricultural support
services
Agriculture and
fishery extension and
on-site research
services and facilities
Agricultural extension
and on-site research
services and facilities;
organization of farmers
and fishermen’s
cooperatives
See municipality and
province
Health services
Same; health centers
and clinics
Health services,
including hospitals and
tertiary health services
See municipality and
province
Social welfare
services
Same
Same, including rebel
returnees and
evacuees, relief
operations, population
dev’t services
See municipality and
province
General hygiene and
sanitation
Same
See municipality and
province
Solid waste
collection
Solid waste disposal
system or
environmental
management system
See municipality and
province
Katarungang
pambarangay
NA
See municipality and
province
Maintenance of
roads, bridges and
Roads, bridges,
communal irrigation,
Similar to those for
municipality
See municipality and
province
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water supply
systems
artesian wells,
drainage, flood
control
Infrastructure
facilities (e.g. plaza
multi-purpose hall)
Municipal buildings,
cultural centers,
public parks
Information and
reading center
Information services,
tax and marketing
information systems,
and public library
Satellite or public
market
Public markets,
slaughterhouses
Implementation of
community-based
forestry projects
See municipality and
province
Upgrading and
modernization of tax
information and
collection services
See municipality and
province
See municipality and
province
Enforcement of
forestry laws, limited to
community-based
forestry projects,
pollution control law,
small-scale mining law,
mini-hydroelectric
projects for local
purposes
See municipality and
province
School buildings
See municipality and
province
Public cemetery
See municipality and
province
Tourism facilities
Tourism development
and promotion
programs
See municipality and
province
Police, fire stations,
jail
Same
See municipality and
province
Industrial research and
development services
See municipality and
province
Low-cost housing and
other mass dwellings
See municipality and
province
Investment support
services
See municipality and
province
Inter-municipal
telecommunication
services
Adequate
communication and
transportation
facilities
How shall these basic services and facilities be funded?
From the share of LGUs in the proceeds of national taxes and other local
revenues and funding support from the national government, its instrumentalities
and GOCCs which are tasked by law to establish and maintain such services or
facilities. (LGC Sec. 17 (g))
(5) Power to Generate Revenue
What are the powers granted to LGUs under Sec. 18 of the LGC?
Under this provision, LGUs have the power and authority to:
(1) establish an organization that shall be responsible for the efficient and effective
implementation of their development plans, program objectives and priorities;
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(2) create their own sources of revenue and to levy taxes, fees, and charges which
shall accrue exclusively for their use and disposition and which shall be retained
by them;
(3) have a just share in national taxes which shall be automatically and directly
released to them without need of any further action;
(4) have an equitable share in the proceeds from the utilization and development of
the national wealth and resources within their respective territorial jurisdictions
including sharing the same with the inhabitants by way of direct benefits;
(5) acquire, develop, lease, encumber, alienate, or otherwise dispose of real or
personal property held by them in their proprietary capacity and to apply their
resources and assets for productive, developmental, or welfare purposes, in the
exercise or furtherance of their governmental or proprietary powers and
functions and thereby ensure their development into self-reliant communities
and active participants in the attainment of national goals.
(6) Eminent Domain
What are the requisites for the exercise of eminent domain by LGUs?
(1) Exercised by the chief executive;
(2) Pursuant to an ordinance;
(3) For public use, or purpose, or welfare for the benefit of the poor and the
landless;
(4) Upon payment of just compensation (based on the fair market value at the
time of the taking, not at the time of payment);
(5) Valid and definite offer had previously been made to the owner, and such
offer was not accepted. (LGC Sec. 19)
(7) Reclassification of lands
What are the requisites for valid reclassification of lands by LGUs?
(1) The LGU must be either a city or municipality;
(2) Public hearings are conducted for the purpose;
(3) The sanggunian passes an ordinance authorizing the reclassification of
agricultural lands and provides for the manner of their utilization and
disposition;
(4) The purpose for reclassification is either:
(a) The land has ceased to be economically feasible and sound for
agricultural purposes as determined by the DA; or
(b) The land shall have substantially greater economic value for
residential, commercial, or industrial purposes, as determined by the
sanggunian concerned.
(5) The reclassification does not exceed the following limits at the time of the
passage of the ordinance:
Highly urbanized and independent
component cities:
15% of total agricultural
land area
Component cities, 1st to 3rd class
municipalities:
10%
4th to 6th class municipalities:
5%
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Exception: When the LGU is authorized by the President when
public interest so requires and upon
recommendation of the NEDA.
(6) Compliance with the requirements of national government agencies:

Comprehensive Land Use Plan approved by the HLURB (in the case
of provinces, highly urbanized cities, independent component cities
and the cities and municipalities of M.M.) or the Sangguniang
Panlalawigan (in the case of component cities and municipalities);

Certification from the local HLURB specifying the total area of zoned
agricultural lands in the LGU concerned based on the approved
Comprehensive Land Use Plan or Zoning Ordinance prior to the
application for conversion;
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Certification from the National Irrigation Administration that the area to
be reclassified is not covered under Pres. A.O. 20, series of 1992;
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Certification from the DAR indicating that such lands are not
distributed or covered by a Notice of Valuation under CARP; and
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Certification from DENR that the area applied for reclassification has
been classified as alienable and disposable, and is not needed for
forestry purposes in case the area applied for falls within public lands.
(AO 363, Sec. 1B (5))
Differentiate reclassification, land use conversion, and zoning.
Definition
Reclassification
Land Use
Conversion
Zoning
Act of specifying how
agricultural land shall be
utilized for nonagricultural uses such as
residential, industrial,
commercial as embodied in the land use plan
subject to the requirements and procedure for
conversion. It also
includes the reversion of
non-agricultural lands to
agricultural use. (Joint
HLURB, DAR, DA, DILG
Memo-Circular, s. 1995)
Act or process of
changing the current
use of a piece of
agricultural land into
some other use
(Sec. 2, AO 363)
Delineation of a city /
municipality into
functional zones
where only specified
land uses are allowed.
It directs and regulates
the use of all lands in
the community in
accordance with an
approved or adopted
land use plan for the
city / municipality.
Socialized housing: refers to housing programs and projects covering houses and lots
or homelots only undertaken by the government or the private
sector for the underprivileged and homeless citizens which shall
include sites and services developments, long-term financing,
liberalized terms on interest payments, and such other benefits in
accordance with RA 7279.
What are the priorities in the acquisition of lands for socialized
housing?
(1) Those owned by the Government or any of its subdivisions,
instrumentalities, or agencies, including GOCCs and their
subsidiaries;
(2) Alienable lands of the public domain;
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(3) Unregistered or abandoned and idle lands;
(4) Those within the declared Areas for Priority Development, Zonal
improvement sites, and Slum Improvement and Resettlement
Program sites which have not yet been acquired;
(5) BLISS sites which have not yet been acquired; and
(6) Privately-owned lands. (RA 7279, Sec. 9)
Thus, in the case of Filstream International v. CA where private lands
were subjected to expropriation proceedings for socialized housing
without prior resort to the acquisition of other lands, the Supreme Court
held that the property owner’s right to due process was violated and set
aside the expropriation order accordingly.
(8) Closure and opening of roads
What are the requirements for a valid permanent closure?
What are the requirements for valid temporary closure?
(9) Corporate powers
What are the requisites for entering into a contact by the LGU? (Sec. 22c)
Differentiate public from private / patrimonial property.
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(10) Authority to Negotiate and Secure Grants
(11) Liability for Damages
Differentiate between suability and liability.
Can the doctrine of estoppel be applied against municipal corporations?
Governmental v. proprietary functions.
C. Intergovernmental relations between national government and LGU’s
(1) Executive Supervision
What is the power of the President over LGU’s?
General supervision, to ensure that the acts of LGUs are within the scope of their
prescribed powers and functions. (Art. X, Sec. 4, 1987 Constitution)
 Direct supervisory authority over provinces, highly urbanized cities,
and independent component cities
 Supervision over component cities and municipalities through
provinces
 Supervision over barangays through city and municipality (LGC Sec.
25)
Also, the President may direct the appropriate national agency to provide
financial, technical, or other forms of assistance to an LGU upon its (the LGU’s)
request. (LGC Sec. 25c)
Differentiate between control and supervision.
Control
Power of an officer to alter or modify or
nullify or set aside what a subordinate
officer had done in the performance of
his duties and to substitute the judgment
of the former for that of the latter
(Mondano v. Silvosa)
Supervision
Overseeing or the power or
authority of an officer to see that
subordinate officers perform their
duties. If the latter fail or neglect
to fulfill them, the former may take
such action or step as prescribed
by law to make them perform these
duties. (Mondano v. Silvosa)
What is the nature of the power of the Secretary of Justice to review the
constitutionality or legality of tax ordinances and revenue measures?
The power granted by Sec. 187 of the Local Government Code to the Secretary
of Justice to review the constitutionality or legality of tax ordinances and revenue
measures is a mere act of supervision and not of control. The Secretary of
Justice is not permitted to submitted his own judgment for the judgment of the
local government that enacted the measure. (Drilon v. Lim)
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What is the doctrine of qualified political agency?
All executive and administrative organizations are adjuncts of the Executive
Department, the heads of the various executive departments are assistants and
agents of the Chief Executive, and, except in cases where the Chief Executive is
required by the Constitution or law to act in person on the exigencies of the
situation demand that he act personally, the multifarious executive and
administrative functions of the Chief Executive are performed by and through the
executive departments, and the acts of the Secretaries of such departments,
performed and promulgated in the regular course of business, are, unless,
disapproved or reprobated by the Chief Executive presumptively the acts of the
Chief Executive. (De Leon v. Carpio, as quoted in Carpio v. Executive Secretary)
(2) Relations with Philippine National Police
What is the extent of operational supervision and control of local chief
executives over the Philippine National Police?
PROVINCIAL GOVERNOR:

Shall choose the provincial director from a list of 3 eligibles
recommended by the PNP regional director;

Chairman of the provincial peace and order council; shall oversee the
implementation of the provincial public safety plan (RA 6975, Sec. 51
(a))

Deputized agent of the National Police Commission in his jurisdiction.
As such, he can inspect police forces and units, conduct audit, and
exercise other functions as authorized by the Commission. (RA 8551,
Sec. 64)
*NOTE: Unless reversed by the President, this deputation may be
suspended or withdrawn by the National Police Commission, upon
consultation with the provincial governor and congressman concerned,
for any of the following grounds:
(a) Frequent unauthorized absences;
(b) Abuse of authority;
(c) Providing material support to criminal elements; or
(d) Engaging in acts inimical to national security or which negate
the effectiveness of the peace and order campaign.
Upon good cause shown, the President may, directly or through the
Commission, motu proprio restore such deputation withdrawn. (RA 8551,
Sec. 65)
CITY AND MUNICIPAL MAYORS:

Shall exercise operational supervision and control* over PNP units in
their respective jurisdictions, except during the 30-day period
immediately preceding and following any national, local or barangay
elections. (RA 6975 Sec. 51 (b), as amended by RA 8551)
* the power to direct, superintend, and oversee the day-to-day functions
of police investigation of crime, crime prevention activities, and traffic
control in accordance with the rules and regulations promulgated by the
National Police Commission. It likewise includes the power to employ
and deploy units or elements of the PNP.
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
Chairman of local peace and order council; shall develop and
establish an integrated area / community public safety plant
embracing priorities of action and program thrusts for implementation
by the local PNP stations;

Have the duty to sponsor periodic seminars for members of the PNP
assigned to detailed in his LGU in order to update them regarding
local ordinances and legislations;

Have the power to impose, after due notice and summary hearings,
disciplinary penalties for minor offenses* committed by members of
the PNP assigned to their respective jurisdictions
* Offenses punishable by withholding of privileges,
restriction to specified limits, suspension or forfeiture
of salary, or any combination thereof for a period of
16-30 days. (RA 6975, Sec. 41 (a) (2))

Have the authority to choose the Chief of Police from a list of 5
eligibles recommended by the provincial police director;

May recommend the recall or reassignment of the Chief of Police
when, in the perception of the local peace and order council, such
Chief of Police has been ineffective in combating crime or maintaining
peace and order in the city or municipality

Have the authority to recommend to the provincial director the
transfer, reassignment, or detail of PNP members outside of their
respective city or town residences;

Have the authority to recommend the appointment of new members of
the PNP to be assigned to their respective cities from a list of eligibles
previously screened by the peace and order council or municipalities

Have control and supervision over anti-gambling operations
(RA 6975, Sec. 51 (b) (4), as amended by RA 8551)

Deputized agents of the National Police Commission(NAPOLCOM) in
his jurisdiction. As such, they can inspect police forces and units,
conduct audit, and exercise other functions as authorized by the
Commission. (RA 8551, Sec. 64)
*Unless reversed by the President, this deputation may be suspended or
withdrawn by the NAPOLCOM, upon consultation with the provincial
governor and congressman concerned, for any of the following grounds:
(a) Frequent unauthorized absences;
(b) Abuse of authority;
(c) Providing material support to criminal elements; or
(d) Engaging in acts inimical to national security or which negate
the effectiveness of the peace and order campaign.
Upon good cause shown, the President may, directly or through the
Commission, motu proprio restore such deputation withdrawn. (RA 8551,
Sec. 65)
Is the deputization of municipal and city mayors as agents of the
NAPOLCOM a usurpation of the power of control of the NAPOLCOM over
the PNP?
No. There is no usurpation of the power of control of the NAPOLCOM under
Section 51 of RA 6975 because under this very same provision, it is clear that
the local executives are only acting as representatives of the NAPOLCOM. As
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such deputies, they are answerable to the NAPOLCOM for their actions in the
exercise of their functions under that section. Thus, unless countermanded by
the NAPOLCOM, their acts are valid and binding as acts of the NAPOLCOM.
The same holding is true with respect to the contention on the operational
supervision and control exercised by the local officials. These officials would
simply be acting as representatives. (Carpio v. Executive Secretary)
(3) Inter-Local Government Relations
What is the nature of the relationship of the province and the cities and
municipalities within its territorial jurisdiction?
Component cities / municipalities:
Highly urbanized cities
Independent component cities:
Province, through the governor, shall
ensure that the city / municipality acts within
the scope of its prescribed powers and
functions.
Independent of the province.
Review of Executive Orders (LGC Sec. 30)
Governor:
EOs promulgated by component city or municipal
mayor within his jurisdiction
City / Municipal Mayor:
EOs promulgated by the punong barangay within
his jurisdiction
Notes:

Copies of the EOs must be forwarded to the proper reviewing
authority within 3 days from their issuance.

In all instances of review, the local chief executive concerned shall
ensure that such EOs are within the powers granted by law and in
conformity with provincial, city or municipal ordinances.

If the reviewing authority fails to act on said EOs within 30 days after
their submission, they shall be deemed consistent with law and
therefore valid.
(4) Relations with Peoples’ and Nongovernmental Organizations
(5) Local prequalification, bids and awards committee
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II. Elective Officials
A. Qualifications
What are the qualifications for elective local officials?
(1) Philippine citizen (Note: not necessarily natural-born);
(2) Registered voter in the barangay, municipality, city, or province, or district (in case of
member of sangguniang panlalawigan, panglungsod or bayan);
(3) Resident of area for at least 1 year immediately preceding the day of the election;
(4) Able to read and write Filipino or any other local language or dialect
(5) Compliance with age requirement:
(a) Governor
Vice-governor
Member of sangguniang panlalawigan
Mayor
Vice-mayor
Member of sangguniang panglungsod
of highly urbanized cities
|
|
|
|
|
|
|
At least 23 years old on
election day
(b) Mayor / Vice-mayor of independent component |
cities, component cities or municipalities
|
At least 21 years old on
election day
(c) Member of sangguniang panglungsod or bayan |
Punong barangay, member of sangguniang
|
barangay
At least 18 years old on
election day
(d) Candidates for sangguniang kabataan
At least 15 years old but
not more than 21 years old on
election day
B. Disqualifications
What are the grounds for disqualification under the Local Government Code?
(1) Those sentenced by final judgment for an offense involving moral turpitude or for
an offense punishable by one (1) year or more of imprisonment, within two (2)
years after serving sentence (LGC Sec. 40 (a));

As a general rule, crimes mala in se involve moral turpitude, while crimes mala
prohibita do not. In the final analysis, however, whether or not a crime involves
moral turpitude is ultimately a question of fact and frequently depends on all the
circumstances surrounding the violation of a statute. (Dela Torre v. COMELEC)

Fencing is a crime involving moral turpitude: actual knowledge by the "fence" of
the fact that property received is stolen displays the same degree of malicious
deprivation of one's rightful property as that which animated the robbery or theft
which, by their very nature, are crimes of moral turpitude. (Dela Torre v.
COMELEC)

Probation only suspends the execution of the sentence. It does not suspend the
applicability of the disqualification. (Dela Torre v. COMELEC)
(2) Those removed from office as a result of an administrative case (LGC Sec. 40(b));

To be valid, a decision in administrative cases involving local elective officials
rendered by the Sanggunian must :
(a) be in writing;
(b) state the facts and the law on which it was based; and
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(c) be signed by the members taking part in the decision. (Malinao v. Reyes)

Where an administrative case filed against an elective local official is not decided
before the expiration of his term of office, his subsequent reelection operates as
a condonation of his previous misconduct and he cannot be removed.
(Aguinaldo v. Santos)

Where a deputy sheriff was dismissed from the service upon conviction for
serious misconduct and was barred from reinstatement to any position in national
or local government, it was held that such bar only applied to appointive
positions. He was not disqualified from running for an elective position. (Grego
v. COMELEC)
Comment: See the case of Reyes v. COMELEC.
(3) Those convicted by final judgment for violating the oath of allegiance to the
Republic (LGC Sec. 40 (c));
(4) Those with dual citizenship (LGC Sec. 40 (d));

Dual citizenship as contemplated under this provision and the Constitution refers
to dual allegiance. Consequently, persons with mere dual citizenship do not fall
under the disqualification. (Mercado v. Manzano)

The filing of a certificate of candidacy suffices as a renunciation of American
(foreign) citizenship and effectively removes any disqualification a candidate may
have as a dual citizen. (Mercado v. Manzano)
(5) Fugitives from justice in criminal or nonpolitical cases here or abroad (LGC Sec.
40 (e));

Art. 73 of the IRR of the LGC is an inordinate and undue circumscription of the
law to the extent that it confines the term "fugitive from justice" to refer only to a
person (the fugitive) "who has been convicted by final judgment." (Marquez v.
COMELEC)

The term "fugitive from justice" includes not only those who flee after conviction
to avoid punishment, but likewise those who, after being charged, flee to avoid
prosecution. (Rodriguez v. COMELEC)

The intent to evade is the compelling factor that animates one's flight from a
particular jurisdiction. And obviously, there can only be an intent to evade
prosecution or punishment where there is knowledge by the fleeing subject of an
already instituted indictment, or of a promulgated judgment of conviction. Intent
to evade on the part of a candidate must therefore be established by proof that
there has already been a conviction, or at least a charge had been filed, at the
time of flight. (Rodriguez v. COMELEC)
(6) Permanent residents in a foreign country or those who have acquired the right to
reside abroad and continue to avail of the same right after the effectivity of the
Local Government Code (LGC Sec. 40 (f));

Sec. 68 of the Omnibus Election Code (BP 881) provides that "any person who is
a permanent resident of or an immigrant to a foreign country shall not be
qualified to run for an elective office under such Code unless said person has
waived his status as permanent resident or immigrant of a foreign country in
accordance with the residence requirement provided for in the election laws."
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(7) The insane or feeble-minded (LGC Sec. 40 (g));
(8) Other grounds, e.g.
(a) Vote-buying

Vote-buying is a ground for disqualification under Sec. 68 of the Omnibus
Election Code (BP 881).

Vote-buying has its criminal and electoral aspects. Its criminal aspect to
determine the guilt or innocence of the accused cannot be the subject of
summary hearing. However, its electoral aspect to ascertain whether the
offender should be disqualified from office can be determined in an
administrative proceeding that is summary in character. (Nolasco v.
COMELEC)
(b) Voluntary renunciation (Dimaporo v. Mitra)
(c) Service for 3 consecutive terms in the same position
(LGC Sec. 43 (b))

The term limit for elective local officials must be taken to refer to the right to
be elected as well as the right to serve in the same elective position.
Consequently, it is not enough that an individual has served 3 consecutive
terms in an elective local office. He must also have been elected to the same
position for the same number of times before the disqualification can apply.
(Borja v. COMELEC)
What are the effects of the filing of a disqualification case?

Any candidate who has been declared by final judgment to be disqualified shall not be
voted for, and the votes cast for him shall not be counted.

If for any reason a candidate is not declared by final judgment before an election to be
disqualified and he is voted for and receives the winning number of votes in such
election, the Court or COMELEC shall continue with the trial and hearing of the action,
inquiry or protest and, upon motion of the complainant or any intervenor, may during the
pendency thereof order the suspension of the proclamation of such candidate whenever
the evidence of his guilt is strong.
(RA 6646, Sec. 6)
C. Election Cases involving local elective officials: procedures
Appeal of decisions of COMELEC
The fact that decisions, final orders or rulings of the COMELEC in contests involving elective
municipal and barangay offices are final, executory and not appealable, does not preclude a
recourse to the Supreme Court by way of a special civil action of certiorari. (Galido v.
COMELEC)
Execution pending appeal in election cases
What are the recognized "good reasons" for execution pending appeal in election
cases?
(1) public interest involved or the will of the electorate;
(2) shortness of the remaining portion of the term of the contested office; and
(3) length of time that the election contest has been pending.
(Ramas v. COMELEC)
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A combination of two or more of these reasons will suffice to grant execution pending
appeal.
Note: The filing of a bond does not constitute a good reason. However, the trial
court may require the filing of a bond as a condition for the issuance of a
corresponding writ of execution to answer for the payment of damages which the
aggrieved party may suffer by reason of the execution pending appeal.
3-term limit for elective officials
The term limit for elective local officials must be taken to refer to the right to be elected as well
as the right to serve in the same elective position. Consequently, it is not enough that an
individual has served 3 consecutive terms in an elective local office. He must also have been
elected to the same position for the same number of times before the disqualification can apply.
(Borja v. COMELEC)
D. Vacancies and successions
When does a permanent vacancy arise?
Sequence for automatic succession
Temporary vacancies
Leaves of absence
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E. Local legislation
Who exercises local legislative power?
LGU
Local legislative power
Province
City
Municipality
Barangay
Sangguniang Panlalawigan
Sangguniang Panlungsod
Sangguniang Bayan
Sangguniang Barangay
Presiding Officer*
Vice-Governor
City Vice-Mayor
Municipal Vice-Mayor
Punong Barangay
* The presiding officer shall vote only to break a tie. (LGC Sec. 49 (a))
Veto power by local chief executive
Who may veto:
Governor, city mayor or municipal mayor
(LGC Sec. 55 (a));
What may be vetoed:
Any ordinance of the sangguniang panlalawigan,
panlungsod, or bayan in its entirety;
Any particular item or items* of an:



Appropriations ordinance;
Ordinance or resolution adopting a local
development plan and public investment
program;
Ordinance directing the payment or money or
creating liability.
*In this case, the veto shall not affect the item /s not
objected to.
Grounds:
The ordinance is ultra vires or prejudicial to the public
welfare.
What are the tests of a valid ordinance?
(1)
(2)
(3)
(4)
(5)
(6)
It must not contravene the constitution or any statute;
It must not be unfair or oppressive;
It must not be partial or discriminatory;
It must not prohibit but may regulate trade;
It must be general and consistent with public policy;
It must not be unreasonable.
(Magtajas v. Pryce Properties; Tatel v. Municipality of Virac)
Differentiate an ordinance from a resolution.
Ordinance
Resolution
Nature
Law
Merely a declaration of the
sentiment or opinion of a
lawmaking body on a
specific matter
Permanence
General and permanent
Temporary in nature
Need for 3rd reading?
Requires a 3rd reading
Does not require a 3rd
reading, unless decided
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Prof. Dan Gatmaytan, 1st semester, AY 1999-2000
otherwise by a majority of
all the Sanggunian
members
(cf. Municipality of Paranaque v. V.M. Realty Corp.)
F. Judicial intervention
G. Disciplinary actions
Differentiate preventive suspension of elective local government officials under
the Local Government Code and under the Ombudsman Act (RA 6770):
Local Government Code
(RA 7160)
Ombudsman Act
(RA 6770)
Grounds
When evidence of guilt is strong,
and given the gravity of the offense,
there is great probability that the
continuance in office of the
respondent could influence the
witnesses or pose a threat to the
safety and integrity of the records
and other evidence. (Sec. 63)
When evidence of guilt is strong,
and (a) the charge against such
officer or employee involves
dishonesty, oppression or grave
misconduct or neglect in the
performance of duty; (b) the
charges would warrant removal
from the service; or (c) the
respondent's continued stay in
office may prejudice the case filed
against him. (Sec. 24)
Who may
impose
President, governor, or mayor, as
the case may be
Ombudsman or his Deputy
Length of
suspension
Maximum of 60 days for any single
preventive suspension
Until case is terminated by Office
of Ombudsman, but not more than
6 months
If several administrative cases are
filed, suspension shall not be more
than 90 days within a single year on
the same ground or grounds
existing and known at the time of
the first suspension.
Exception: When the delay in
the disposition of the case by the
Ombudsman is due to the fault,
negligence or petition of the
respondent, in which case the
period of such delay shall not be
counted in computing the period of
suspension.
Differentiate between preventive suspension and suspension as a penalty.
Notes on suspension as a penalty:

Cannot exceed the unexpired term of the respondent or a period of 6 months for
every administrative offense;

Such penalty shall not be a bar to the candidacy of the respondent so suspended as
long as he meets the qualifications required for the office
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Any administrative disciplinary proceeding against respondent is abated if in the meantime he is
reelected, because his reelection results in a condonation of whatever misconduct he might
have committed during his previous terms. (Malinao v. Reyes)
What are the grounds for disciplinary actions?
What is the procedure for administrative complaints?
What are the requisites for the validity of decisions in administrative complaints
rendered by the pertinent Sanggunian?
(1) The decision must be in writing;
(2) It must state clearly and distinctly the facts and the reasons for such decision;
(3) It must be signed by the members taking part in the decision.
(Malinao v. Reyes)
Can the President remove an erring local government official?
No. Sec. 60 of the LGC provides that removal can be done only by order of the proper
court.
H. Recall
Definition
Nature
By whom exercised
Ground
How initiated
Election on Recall
Effectivity
Limitations
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Prof. Dan Gatmaytan, 1st semester, AY 1999-2000
I. Human Resources Development
Resignations
Preventive suspension of appointive local officials
What are the penalties which a local chief executive may impose?
J. Practice of Profession
Practice of profession
Who is authorized by law to be counsel of LGU’s?
(1) Provincial fiscal;
(2) Provincial attorney;
(3) Municipal attorney
In what instances can a private lawyer represent the LGU?
(1) When the municipality is an adverse party in a case involving the provincial
government or another municipality or city within the province (De Guia v. AuditorGeneral)
Test as to when a local government official can secure
the services of private counsel:
Nature of the action and the relief that is sought
(Alinsug v. RTC Branch 58)
K. The Local Boards
Title III. Other Provisions applicable to LGU’s
A. Settlement of Boundary disputes
B. Local Initiative and Referendum
Differentiate between initiative and referendum.
Procedure
What is the jurisdiction of the COMELEC as regards initiative? Referendum?
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Prof. Dan Gatmaytan, 1st semester, AY 1999-2000
Book II. Local Government Taxation
How is income defined under the Local Government Code?
A. Taxation in General
What is the doctrine of supremacy of the national government over local
governments in the context of taxation?
What is the rule concerning taxing powers of LGU’s vis-à-vis the national
government?
GENERAL RULE: The taxing powers of LGU’s cannot extend to the levy of
taxes, fees and charges of any kind on the National government, its
agencies and instrumentalities and LGU’s. (LGC 133)
Exception:
Real property taxes (LGC 232)
Exception to exception:
(LGC 234)
What are the tax remedies available to the taxpayer?
Appeal to DOJ
secretary
(LGC 187)
Appeal to Board of
Assessment
Appeals
(LGC 226)
GROUND
Question on
constitutionality or
legality
Non-satisfaction
with action of
assessor
PERIOD
Within 30 days from
effectivity
Within 60 days
from date of receipt
of written notice of
assessment
Payment under
protest, with appeal
to BAA
(LGC 252)
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Prof. Dan Gatmaytan, 1st semester, AY 1999-2000
B. Real Property Taxation
Who may levy real property tax?
(1) Provinces;
(2) Cities;
(3) Municipalities within the Metro Manila area (LGC 232)
C. Local Fiscal Administration
D. Property and Supply Management in the LGU’s
E. Internal Revenue Allocation
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Prof. Dan Gatmaytan, 1st semester, AY 1999-2000
Part III. Local Government Units
I.
The Barangay
A. Katarungay Pambarangay
B. Sangguniang Kabataan
II.
The Municipality
III.
The City
IV.
The Province
V.
Appointive Local Officials common to all municipalities, cities, and
provinces
VI.
Leagues of LGUs and elective officials
Miscellaneous and Final Provisions
I.
Provisions for implementation
II.
Transitory provisions
III.
Application of the code to LGUs in the autonomous regions
A. ARMM
B. CAR
IV.
The Metropolitan Manila Development Authority
What is the jurisdiction of the MMDA?
What are the duties of the MMDA?