Quiz 2

I.
II.
III.
IV.

May LGU open and close roads

Yes. Sec 21, LGC
Does LGU have authority over police units
Yes.
Does LGU have the power to enter into contracts
Yes, sec 22, LGC. Corporate powers
May sanggunian panlalawigan disapprove the resolution of the municipality
expropriating a parcel of land for the establishment of govt center

No, Eminent domain, the power which the Municipality of Bunawan exercised in the instant
case, is a fundamental State power that is inseparable from sovereignty. It is governments
right to appropriate, in the nature of a compulsory sale to the State, private property for
public use or purpose. Inherently possessed by the national legislature, the power
of eminent domain may be validly delegated to local governments, other public entities and
public utilities. For the taking of private property by the government to be valid, the taking
must be for public use and there must be just compensation. The only ground upon which a
provincial board may declare any municipal resolution, ordinance, or order invalid is when
such resolution, ordinance, or order is beyond the powers conferred upon the council or
president making the same. (moday v CA, G.R. No. 107916. February 20, 1997)

V.

Should sec. of justice set aside a tax ordinance, does she have power of
control over LGU

No, Section 187 authorizes the Secretary of Justice to review only the constitutionality
or legality of the tax ordinance and, if warranted, to revoke it on either or both of these
grounds. When he alters or modifies or sets aside a tax ordinance, he is not also
permitted to substitute his own judgment for the judgment of the local government that
enacted the measure. Secretary Drilon did set aside the Manila Revenue Code, but he
did not replace it with his own version of what the Code should be. He did not
pronounce the ordinance unwise or unreasonable as a basis for its annulment. He did
not say that in his judgment it was a bad law. What he found only was that it was illegal.
All he did in reviewing the said measure was determine if the petitioners were
performing their functions in accordance with law, that is, with the prescribed procedure

for the enactment of tax ordinances and the grant of powers to the city government
under the Local Government Code. As we see it, that was an act not of control but of
mere supervision. (drilon v lim, G.R. No. 112497 August 4, 1994)
VI.

Is the authority of the mayor to issue bus. Permits and license an inherent
power.

No. it is within police power, since police power in not inherent in LGUs it follows.
(LOL :D)
VII.

May sanggunian panlalawigan change the name of component cities and

municipalites

Yes, sec 13(a). LGC. The sangguniang panlalawigan may, in consultation with the
Philippine Historical Commission (PHC), change the name of the following within its
territorial jurisdiction:
(1) Component cities and municipalities, upon the recommendation of the
sanggunian concerned;
(2) Provincial roads, avenues, boulevards, thoroughfares, and bridges;
(3) Public vocational or technical schools and other post-secondary and tertiary
schools;
(4) Provincial hospitals, health centers, and other health facilities; and
(5) Any other public place or building owned by the provincial government.