VILLAFUERTE, Abygail June R.

LAW 121 D / 2011-78090

October 4, 2011
Outline of the Local Government 1
GENERAL PROVISIONS
A10/S1
Territorial and political subdivisions
1. Province
2. Cities
3. Municipalities
4. Barangays
5. Autonomous regions
a. Muslim Mindanao
b. Cordilleras
A10/S4
President exercises general supervision
over LGUs
LGUs shall ensure that acts of component
units are within the scope of prescribed
powers and functions
GENERAL
PROVISIONS

AUTONOMOUS
REGIONS
A10/S15
Autonomous regions
In Muslim Mindanao, Cordilleras
Composed of LGUs sharing
o Common, distinct historical and
cultural heritage
o Economic and social structures
A10/S16
President exercises general supervision over
autonomous regions to ensure faithful execution of
laws
A10/S17
All powers, functions, responsibilities not granted to
autonomous regions vested in the national
government
CREATION OF POLITICAL UNITS
A10/S10
No LGU may be created, divided, merged,
abolished or its boundary altered except in
accordance with criteria prescribed in LGC
Subject to approval of majority of the votes
cast in plebiscite
Tan v. COMELEC (1986)
There is no way of reconciling the holding of
a plebiscite for the creation of a new
province without the participation of either
1

Legend: Ax/Sx/Px A: article; S: section; P: paragraph; x:

number

the parent province or the areas subtracted

from the parent province to constitute the
new province, since both units will be
affected in the creation of a new province.
Torralba v. Municipality of Sibagat (1987)
Before the enactment of the LGC, the
legislative power remains plenary except
that the creation of the new local
government unit should be approved by the
people concerned in a plebiscite called for
the purpose.
Miranda v. Aguirre (1999)
The downgrading of an independent
component city to a mere component city
requires the approval of the people in a
plebiscite since there will be substantial
effects due to such change.
A10/S11
Metropolitan political subdivisions
Creation subject to plebiscite
Component cities, municipalities retain basic
autonomy and entitled to their own local
executives and legislative assemblies
Jurisdiction limited to basic services
requiring coordination
A10/S18/P2
Creation of autonomous region
Needs approval of majority of votes cast by
constituent units in plebiscite
o Only those LGUs voting favorably
will be included in the autonomous
region
Abbas v. COMELEC (1989)
The creation of the autonomous region is
made to depend, not on the total majority
vote in the plebiscite, but on the will of the
majority in each of the constituent units.
Cordillera Broad Coalition v. COA (1990)
The creation of autonomous regions in
Muslim Mindanao and the Cordilleras
contemplates the grant of political autonomy
and not just administrative autonomy to
these regions.
Ordillo v. COMELEC (1990)
The sole province of Ifugao cannot validly
and legally constitute the CAR. The
keywords (provinces, cities, municipalities,
geographical areas) connote that "region" is
to be made up of more than 1 constituent
unit.

Leonor v. Cordillera Bodong Administration

(1991)
The creation of the CAR was rejected by all
the provinces and city of the Cordillera
region, except Ifugao province, hence, the
CAR did not come to be. Since the CAR did
not come into legal existence, the Maeng
Tribal Court (MTC) was not constituted into
an indigenous or special court under R.A.
No. 6766, and as such, it [MTC] is an
ordinary tribal court existing under the
customs and traditions of an indigenous
cultural community.
LEGISLATIONS
A10/S3
Local Government Code (LGC) enacted by Congress
Organization and operation of local units
Tano v. Socrates (1997)
LGC's centerpiece is the system of
decentralization, and indispensable to it is
devolution. LGC provides that 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
resolved in favor of devolution of powers and
of the lower local government unit. Any fair
and reasonable doubt as to the existence of
the power shall be interpreted in favor of the
local
government
unit
concerned.
Devolution refers to the act by which the
National Government confers power and
authority upon the various local government
units to perform specific functions and
responsibilities.
A10/S18/P1
Organic law
Enacted for each autonomous region
o By Congress
o With assistance and participation of
regional
consultative
the
commission
Representatives appointed
by President from a list of
nominees
from
multisectoral bodies
Defines basic structure of government for
region (elective and representative of
political units)
o Executive department
o Legislative assembly
Provides for special courts with personal,
family, property law jurisdiction

A10/S19
Organic acts for ARMM, CAR to be passed within 18
months from the time of organization of both Houses
of the 1st Congress elected under 1987 Constitution
A10/S20
Organic act provides for legislative powers over:
1. Administrative organization
2. Creation of sources of revenues
3. Ancestral domain and natural resources
4. Personal, family, and property relations
5. Regional urban and rural planning
development
6. Economic, social, and tourism development
7. Educational policies
8. Preservation and development of the cultural
heritage
9. Other matters as may be authorized by law
for the promotion of peoples general welfare
POWERS AND BENEFITS
A10/S2
Local autonomy
Basco v. PAGCOR (1991)
The principle of local autonomy under the
1987
Constitution
simply
means
"decentralization." It does not make local
governments sovereign within the state. As
to
what
state
powers
should
be
"decentralized" and what may be delegated
to LGUs remains a matter of policy, which
concerns wisdom, so it is a political
question.
Laguna Lake Development Authority v. CA (1994)
While it is within an LGU's power to
determine the effects of the operation of the
dumpsite on the ecological balance and to
see that such balance is maintained
pursuant to the general welfare provision in
the LGC, the LLDA as a specialized
administrative agency is mandated to carry
out and make effective the declared national
policy of promoting and accelerating the
development and balanced growth of the
Laguna Lake area. Hence, the LLDA is
mandated to pass upon and dis/approve all
plans proposed by local government
offices/agencies within the region where
such plans are related to those of the LLDA
for the regional development.

Leynes v. COA (2003)

By upholding the power of LGUs to grant
allowances to judges and leaving to their
discretion the amount they want to grant
depending on the availability of funds, the
local autonomy of LGUs is ensured.
A10/S5
Power to create sources of revenues
Power to levy taxes, fees, charges (accrue
exclusively to LGUs)
A10/S6
LGUs have a just share in national taxes which is
automatically released
Province of Batangas v. Romulo (2004)
The Local Government Service Equalization
Fund (LGSEF) is part of the IRA / "just
share" of the LGUs in the national taxes. To
subject its distribution and release to the
vagaries of the implementing rules and
regulations, etc. makes the release not
automatic, a flagrant violation of the
mandate that the "just share" of LGUs shall
be released to them automatically.
A10/S7
LGUs entitled to share in the proceeds of national
wealth utilization and development

COUNCILS AND AGENCIES

A10/S14
Regional development councils
Provided by President
Composition
o LG officials
o Department regional heads
o Government offices regional heads
o NGO representatives within regions
Purpose
o Administrative decentralization to
strengthen autonomy of units
o Acceleration of economic, social
growth and development of units
Cordillera Broad Coalition v. COA (1990)
Considering the control and supervision
exercised by the President over the CAR
and the offices created under EO 220, as
well as the participation of the line
departments of the National Government,
the CAR may be considered as a more
sophisticated version of the regional
development council.
A10/S21
Local police agencies preserve peace and
order in regions
Regional defense and security is the
responsibility of national government

A10/S9
Legislative bodies have sectoral representation
A10/S12
LGUs independent of province
1. Highly urbanized cities (determined by law)
2. Cities whose charters prohibit voters from
voting for provincial elective officials [cities
with charters without this prohibition not
deprived of right to vote for said officials]
A10/S13
LGUs can group together, consolidate or coordinate
efforts for purposes commonly beneficial to them
TERM OF OFFICE OF OFFICIALS
A10/S8
Term of office (except barangay officials)
3 years
Cannot serve more than 3 consecutive
terms
Voluntary renunciation of office not
considered as an interruption in the
continuity of service for the full term