INTRODUCTION

THE DIFFERENT MEANINGS AND CONCEPTS OF LOCAL GOVERNMENT

1. Distribution of Powers to Local Governments as Limitation to Political Authority
Horizontal distribution of government powers
o Distribution among
Legislative
Executive
Judicial
o May either be Complete/Partial
Vertical distribution of government powers
o 2 levels
Upper
Natl govt
Lower
Local govts

2. Local Governments as Political and Territorial Subdivisions of the State

A political subdivision of a nation or state which is constituted by law and has substantial
control of local affairs (MMDA vs Bel-Air)
A body politic and corporate endowed with powers to be exercised by it in conformity
with law.. As such it shall exercise powers as a political subdivision of the National Govt
(Sec 15 LGC)
2 levels
o Political (higher authority)
o Territorial
National government supervises the local government affairs
Local govts drive both its EXISTENCE and POWERS from the national govt
Element of subordination
3. Local Governments as Municipal Corporation
Body politic and corporate constituted by the incorporation of the inhabitants of a city
or town for the purpose of local government thereof
Partly AGENT OF THE STATE to assist the civil govt but chiefly to REGULATE AND
ADMINISTER the local internal affairs of the city, town or district incorporated

LOCAL GOVERNMENT SYSTEM IN THE PHILIPPINES

1. History of Local Govts in the Phils
Datu
o Exec, legis, judi

o Consult with Council of Elders

o Took charge of the barangay
Spaniards
o Centralization: main tool
o Parcels of lands (encomiendas) given to some privileged and favored persons
o Cabildos, pueblos, provincias
o Barangays reduced into barrios
Lowest rungs
o Datus demoted into Cabezas de barangay
Assist higher levels of govt in the collection of tribute
Aguinaldo & Mabini
o Gave more attention to the local units
o Autonomy could not be given the local govts bec at that time it was important
to retain the unity of the islands
Americans
o Centralization
o Provinces, cities, municipalities
1935 constitution
o Only 1 section
Martial Law (1972)
o Strengthened Pres power over local govt
1987 Constitution
o LGC
o Strengthened

2. Structures and System of Philippine Local Government

CREATION
o 1st LGC (BP 337 of 1983)
Provided for criteria
o LGU may be created by law or ordinance if barangay
o Plebiscite reqt
o Not reduce original unit
Tiers of Local Government
o Provinces
Muni
brgys
Cities
Brgys
Unitary System of Govt
o Agents of the natl govt
o Delegated legislative powers
o Cannot be superior to the principal or exercise powers higher
o Congress still retains control although in significantly reduced degree
o Power to create + Power to destroy

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Decentralization
Not make local government sovereign within the state or an imperium in
imperio

CHAPTER 2
GENERAL PRINCIPLES
Corporation

Artificial being
Created by operation of law
Having the right of succession
Powers, attributes and properties expressly authorized by law or incident to its existence

Classification

Public
o Organized for govt of a portion of a state such as LGU
o Created for the public use
Private
o For private purpose, benefit, aim or end
o Eg business corp
Quasi-public
o Private corp
o Renders public service or supplies public wants
o E.g utility companies
o Elements og both public and private
o Organized for private profit
o Compelled by law or contract to render public service
Special classes
o De facto
State consent implied rather than expressed
o Corporation by prescription
Common law
Presumption
o Corporation by estoppel
By agreements. But not as against the state

Public and Private Corporation Distinguished

Public
o Civil or local govts
o Creations of the state either by general or special acts
o Involuntary consequence of legislation
Private

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Private aim, gain or benefits

Created by the will of the incorporators with the recognizance of the state
Voluntary agreement