INTRODUCTION:

Some powers of the national government particularly the

executive branch is delegated to LGUs
Decentralization

BRIEF HISTORY:
Prior to LGC the LGus derive their powers from the
Revised Administrative Code
As early as the 1935 constitution, LG were already
mentioned.
It was also incorporated in the 1973 constitution as state
policy to guarantee and promote autonomy to LGUs
1987 Art 10 (Local Government)
Art 2, SEC 25
o The state shall ensure local autonomy of local
governments
Art 12 National Economy and Patrimony
Art 14 Education, Science and Technology , Arts, Culture
and Sports

GANZON VS CA
WON THE DILG SEC HAS AUTHORITY TO SUSPEND AND
REMOVE LOCAL OFFICIALS? YES
Talks about how the constitutional provisions on the LGC
have changed.
o Compares 1935 and 1973 constitutional provisions
with the wording of the 1987 constitution
o OLD: President shall exercise general supervision over
LG as may be provided by law
o NEW: no more as may be provided by law
ISSUE: Removal of the phrase as may be provided by
law 1987 constitution
HELD: The removal of as may be provided by law
strengthens the power of the President to general
supervision. Whereas before, the phrase means you have
to take a look at first the other laws. Now it is more
general.
DIFFERENCE 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 substitute the judgment of the
former to that of the latter
SUPERVISION overseeing or the power authority of an
officer to see that subordinate officers perform their duties

LEAUGUE OF PROVINCES VS DENR

Nullification of small scale mining permits granted by the
Prov. Gov
ISSUE: WHY IS THE POWER NOT DECENTRALIZED IN THIS
CASE? WHY IS IT THE DENR AND NOT THE LGU?
HELD: GEN RULE re: Decentralization
There are certain powers that are decentralized however,
there can also be limitations
The only thing that was devolved was the administrative
authority. You can still require that it complies with
national polices and national standards, and these
policies and standards are set by bodies like in this case,
the DENR.
o Not all powers are devolved

AUTONOMOUS REGIONS (Art X)

kind of LGU
NO Decentralization of Power but has decentralization of
administration
o No DP because it is equivalent to having a state in a
state

Section 1. The territorial and political subdivisions of the Republic of

the Philippines are the provinces, cities, municipalities, and barangays.
There shall be autonomous regions in Muslim Mindanao and the
Cordilleras as hereinafter provided.
Section 15. There shall be created autonomous regions in Muslim
Mindanao and in the Cordilleras consisting of provinces, cities,
municipalities, and geographical areas sharing common and distinctive
historical and cultural heritage, economic and social structures, and
other relevant characteristics within the framework of this
Constitution and the national sovereignty as well as territorial
integrity of the Republic of the Philippines.
Section 16. The President shall exercise general supervision over
autonomous regions to ensure that laws are faithfully executed.
Section 18. The Congress shall enact an organic act for each
autonomous region with the assistance and participation of the
regional consultative commission composed of representatives
appointed by the President from a list of nominees from multisectoral bodies. The organic act shall define the basic structure of
government for the region consisting of the executive department and
legislative assembly, both of which shall be elective and
representative of the constituent political units. The organic acts shall
likewise provide for special courts with personal, family, and property
law jurisdiction consistent with the provisions of this Constitution and
national laws.
The creation of the autonomous region shall be effective when
approved by majority of the votes cast by the constituent units in a
plebiscite called for the purpose, provided that only provinces, cities,

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and geographic areas voting favorably in such plebiscite shall be

included in the autonomous region.
Section 20. Within its territorial jurisdiction and subject to the
provisions of this Constitution and national laws, the organic act of
autonomous regions shall provide 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;
and
9. Such other matters as may be authorized by law for the
promotion of the general welfare of the people of the
region.
Section 21. The preservation of peace and order within the regions
shall be the responsibility of the local police agencies which shall be
organized, maintained, supervised, and utilized in accordance with
applicable laws. The defense and security of the regions shall be the
responsibility of the National Government.

Q: Why are autonomous regions considered as an LGU?

BASIS Sec 1 ART 10
ABBAS VS COMELEC
ISSUE: IF THE RA 6734 (ORGANIC ACT FOR ARMM)
CONFLICTS WITH THE TRIPOLI AGREEMENT?
Whenever you create an autonomous region, there must
be a charter. It specifies the power, territory, etc and
submitted to the people in a plebiscite
HELD: It is the charter (RA 6734) that is binding instead of
the TA. The TA may be binding but it would not be
superior to RA 6734 which is an enactment of the
Congress
ORDILLO VS COMELEC
ISSUE: WON THE PROVINCE OF IFUGAO WHO IS THE
ONLY PROVINCE WHO VOTED FAVORABLY FOR THE
CREATION OF CAR CAN ALONE CONSTITUTE SUCH
REGION? NO
HELD: Ifugao is a province and has certain officials. Now,
if it is the only one that shall be part of the autonomous
region then there will also be a regional governor
o We would be faced in an absurd situation of having
2 sets of officials (provincial and regional) exercising
their executive and legislative powers over the same
small area

RAMIREZ | AUF SOL

CREATION OF LGUs
PROVINCE OF NORTH COTABATO VS GRP PEACE PANEL
BANGSAMORO JURIDICAL ENTITY
HELD: UNCONSTITUTIONAL
1. It would create two autonomous regions in muslim
Mindanao (CONSTI: 1 in MM and Cordillera)
2. Concept of Association The BJE is effectively
making it a state by allowing it to enter into
international governments
3. BJE and ARMM are to supplant each other
DATU KIDA VS SENATE OF THE PHILS
ARMM Elections
3 possible options to centralize the next election:
1. Special Elections -- shorten the term of the newly
elected officials (3 years)
2. Presidents authority to appoint OICs
CONSTITUTIONAL

As President -- Supervision authority- can

appoint
3. Holdover position bound by the three year term
SEMA VS COMELEC
ARMM enacted MMA 201 creating the Province of Shariff
Kabunsuan
HELD: It is the congress that can create a Legislative
district
o Creation of provinces increases actual
membership in the HOR , an increase that only
Congress can decide
o Creation of provinces and cities includes the
creation of LD, power only Congress can
exercise

ALLIED DOMECQ PHIL INC VS VILLON

Clark Liberty Fundador BFAD Certification
The law specified that as regards Judicial review SC
CA has no jurisdiction

ADMINISTRATIVE REGIONS
No need for plebiscite and no elective officials

CORDILLERA BROAD COALITION VS COA

CONSTITUTIONALITY OF EO 220 that it pre-empts the
enactment of an organic act by the Congress
How many autonomous regions are there?
o Only 1. (ARMM) Cordillera is not yet an autonomous
region.
o Constitution allows only 2. *1 in MM and Cordillera
It is still an administrative region.
Does not create an autonomous region but merely
provides for transitory measures in anticipation of the
creation of an autonomous region
BADUA VS CORDILLERA BODONG ASSOCIATION
IN PASSING
MAENG TRIBE
DOES IT FALL UNDER MTC/RTC/CA ETC.?
Its like an amicable settlement/ private agreement
between parties
Can be enforced if you present it to a regular court. If the
court ratifies it, then it can be enforced but it does not
have the same weight as judicial decision
Since the Cordillera AUTONOMOUES REGION did not
come into existence, the Maeng Tribal Court was not
constituted into a special court

AUTONOMOUS SPECIAL ECONOMIC ZONES

JOHN HAY PEOPLES ALTERNATIVE COALITION VS LIM
REALTY TAXES (SEZ CAMP HOJN HAY)
ISSUE: WON tax exempt? YES it Is a SEZ
Charter Subic is exempt etc.
The grant of exemption was only particular in Subic. You
cannot give the grant the incentive to others.
It has to have its own charter.
It is the legislature that has full power to exempt any
person or corporation or class of property from taxation

GENERAL PROVISIONS
A.

GENERAL POWER AND ATTRIBUTES

NEGROS ORIENTAL II ELECTRIC COOP INC VS SANGGUNIANG

PANLUNGSOD NG DUMAGUETE --- IN PASSING
THE POWER OF CONTEMPT OF LGUS
o The power is not automatic just because they are
exercising legislative powers. Assuming they have,
they can only exercise such to the powers granted to
them.
o The power still remains with the national
government

Separation of powers

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Section 7. Local governments shall be entitled to an equitable share in

the proceeds of the utilization and development of the national
wealth within their respective areas, in the manner provided by law,
including sharing the same with the inhabitants by way of direct
benefits.
Section 10. No province, city, municipality, or barangay may be
created, divided, merged, abolished, or its boundary substantially
altered, except in accordance with the criteria established in the local
government code and subject to approval by a majority of the votes
cast in a plebiscite in the political units directly affected.
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.
Section 15. There shall be created autonomous regions in Muslim
Mindanao and in the Cordilleras consisting of provinces, cities,
municipalities, and geographical areas sharing common and distinctive
historical and cultural heritage, economic and social structures, and
other relevant characteristics within the framework of this
Constitution and the national sovereignty as well as territorial
integrity of the Republic of the Philippines.
Section 16. The President shall exercise general supervision over
autonomous regions to ensure that laws are faithfully executed.
Section 19. The first Congress elected under this Constitution shall,
within eighteen months from the time of organization of both Houses,
pass the organic acts for the autonomous regions in Muslim
Mindanao and the Cordilleras.

RA 7160 LOCAL GOVT CODE OF 1991

Local Government political subdivision of a nation or state
which is constituted by law and has substantial control of local
affairs
LGU body politic and corporate endowed with powers as a
political subdivision of the National Government and as a
corporate entity representing the inhabitants of its territory
Section 2. Declaration of Policy. (a) It is hereby declared the policy of the State that the territorial and
political subdivisions of the State shall enjoy genuine and meaningful
local autonomy to enable them to attain their fullest development as
self-reliant communities and make them more effective partners in
the attainment of national goals. Toward this end, the State shall
provide for a more responsive and accountable local government

RAMIREZ | AUF SOL

structure instituted through a system of decentralization whereby

local government units shall be given more powers, authority,
responsibilities, and resources. The process of decentralization shall
proceed from the national government to the local government units.
(b) It is also the policy of the State to ensure the accountability of local
government units through the institution of effective mechanisms of
recall, initiative and referendum.
(c) It is likewise the policy of the State to require all national agencies
and offices to conduct periodic consultations with appropriate local
government units, nongovernmental and people's organizations, and
other concerned sectors of the community before any project or
program is implemented in their respective jurisdictions.
Section 3. Operative Principles of Decentralization. - The formulation
and implementation of policies and measures on local autonomy shall
be guided by the following operative principles:
(a) There shall be an effective allocation among the different local
government units of their respective powers, functions,
responsibilities, and resources;
(b) There shall be established in every local government unit an
accountable, efficient, and dynamic organizational structure and
operating mechanism that will meet the priority needs and service
requirements of its communities;
(c) Subject to civil service law, rules and regulations, local officials and
employees paid wholly or mainly from local funds shall be appointed
or removed, according to merit and fitness, by the appropriate
appointing authority;
(d) The vesting of duty, responsibility, and accountability in local
government units shall be accompanied with provision for reasonably
adequate resources to discharge their powers and effectively carry
out their functions: hence, they shall have the power to create and
broaden their own sources of revenue and the right to a just share in
national taxes and an equitable share in the proceeds of the
utilization and development of the national wealth within their
respective areas;
(e) Provinces with respect to component cities and municipalities,
and cities and municipalities with respect to component barangays,
shall ensure that the acts of their component units are within the
scope of their prescribed powers and functions;
(f) Local government units may group themselves, consolidate or
coordinate their efforts, services, and resources commonly beneficial
to them;
(g) The capabilities of local government units, especially the
municipalities and barangays, shall be enhanced by providing them
with opportunities to participate actively in the implementation of
national programs and projects;
(h) There shall be a continuing mechanism to enhance local autonomy
not only by legislative enabling acts but also by administrative and
organizational reforms;
(i) Local government units shall share with the national government
the responsibility in the management and maintenance of ecological
balance within their territorial jurisdiction, subject to the provisions of
this Code and national policies;
(j) Effective mechanisms for ensuring the accountability of local
government units to their respective constituents shall be

strengthened in order to upgrade continually the quality of local

leadership;
(k) The realization of local autonomy shall be facilitated through
improved coordination of national government policies and programs
an extension of adequate technical and material assistance to less
developed and deserving local government units;
(l) The participation of the private sector in local governance,
particularly in the delivery of basic services, shall be encouraged to
ensure the viability of local autonomy as an alternative strategy for
sustainable development; and
(m) The national government shall ensure that decentralization
contributes to the continuing improvement of the performance of
local government units and the quality of community life.
Section 4. Scope of Application. - This Code 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.
Section 5. Rules of Interpretation. - In the interpretation of the
provisions of this Code, the following rules shall apply:
(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 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;
(b) In case of doubt, any tax ordinance or revenue measure shall be
construed strictly against the local government unit enacting it, and
liberally in favor of the taxpayer. Any tax exemption, incentive or
relief granted by any local government unit pursuant to the provisions
of this Code shall be construed strictly against the person claiming it.
(c) The general welfare provisions in this Code shall be liberally
interpreted to give more powers to local government units in
accelerating economic development and upgrading the quality of life
for the people in the community;
(d) Rights and obligations existing on the date of effectivity of this
Code and arising out of contracts or any other source of presentation
involving a local government unit shall be governed by the original
terms and conditions of said contracts or the law in force at the time
such rights were vested; 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.
Section 6. Authority to Create Local Government Units. - A local
government unit may be created, divided, merged, abolished, or its
boundaries substantially altered either by law enacted by Congress in
the case of a province, city, municipality, or any other political
subdivision, or by ordinance passed by the sangguniang panlalawigan
or sangguniang panlungsod concerned in the case of a barangay
located within its territorial jurisdiction, subject to such limitations
and requirements prescribed in this Code.

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Section 7. Creation and Conversion. - As a general rule, the creation

of a local government unit or its conversion from one level to another
level shall be based on verifiable indicators of viability and projected
capacity to provide services, to wit:
(a) Income. - It must be sufficient, based on acceptable standards, to
provide for all essential government facilities and services and special
functions commensurate with the size of its population, as expected
of the local government unit concerned;
(b) Population. - It shall be determined as the total number of
inhabitants within the territorial jurisdiction of the local government
unit concerned; and
(c) Land Area. - It must be contiguous, unless it comprises two or
more islands or is separated by a local government unit independent
of the others; properly identified by metes and bounds with technical
descriptions; and sufficient to provide for such basic services and
facilities to meet the requirements of its populace.
Compliance with the foregoing indicators shall be attested to by the
Department of Finance (DOF), the National Statistics Office (NSO), and
the Lands Management Bureau (LMB) of the Department of
Environment and Natural Resources (DENR).
Section 8. Division and Merger. - Division and merger of existing local
government units shall comply with the same requirements herein
prescribed for their creation: Provided, however, That such division
shall not reduce the income, population, or land area of the local
government unit or units concerned to less than the minimum
requirements prescribed in this Code: Provided, further, That the
income classification of the original local government unit or units
shall not fall below its current classification prior to such division.
The income classification of local government units shall be updated
within six (6) months from the effectivity of this Code to reflect the
changes in their financial position resulting from the increased
revenues as provided herein.
Section 9. Abolition of Local Government Units. - A local government
unit may be abolished when its income, population, or land area has
been irreversibly reduced to less than the minimum standards
prescribed for its creation under Book III of this Code, as certified by
the national agencies mentioned in Section 7 hereof to Congress or to
the sangguniang concerned, as the case may be.
The law or ordinance abolishing a local government unit shall specify
the province, city, municipality, or barangay with which the local
government unit sought to be abolished will be incorporated or
merged.
Section 10. Plebiscite Requirement. - No creation, division, merger,
abolition, or substantial alteration of boundaries of local government
units shall take effect unless approved by a majority of the votes cast
in a plebiscite called for the purpose in the political unit or units
directly affected. Said plebiscite shall be conducted by the
Commission on Elections (COMELEC) within one hundred twenty
(120) days from the date of effectivity of the law or ordinance
effecting such action, unless said law or ordinance fixes another date

RAMIREZ | AUF SOL

DECENTRALIZATION process where the LGUs are given more

powers, authority,responsibilities and resources by the
national government; DEVOLUTION of administration but not
POWER
Decentralization of administration central government
delegates admin powers to pol. subdivisions to broaden the
base of govt power and ensure their fullest devt as self-reliant
communities and make them more effective partners in the
pursuit of national devt and social progress
President general supervision
Decentralization of power abdication of political power in
favour of lgu declared to be autonomous.
Minimum intervention from central authorities

REASON FOR PLEBISCITE REQT

To enable the registered voters of a locality affected by
the C,D,M,A,or A, of the boundaries of a LGU to check the
power of Congress or of the LGU concerned to carry out
such actions
POLITICAL UNIT AFFECTED
Residents of the political entity that would be
economically dislocated by the separation of a portion

REQUIREMENTS OF DE FACTO MUNICIPAL CORPORATIONS

1. A charter or gen law
2. An attempted compliance in good faith with the
requirements of the statute as to incorporation
3. A
colourable
compliance
with
statutory
requirements
4. An assumption of corporate powers
A de facto municipal corporation will be recognized even
if the statute creating it was invalidated if there is some
other valid law giving corporate vitality to the
organization
DIFFERENCE BETWEEN DE JURE vs DE FACTO
De facto may have its existence inquired or forfeited by
the state for failure to become a de jure corporation
It enjoys the status of de jure until the STATE questions
its existence (direct attack)
INTERNAL REVENUE ALLOTMENT considered INCOME
they form part of the gross accretion of funds of the LGU
CONTIGUOUS DEFINED
The land within the territory must touch or adjoin one
another in a reasonably substantial physical sense

In the case of municipalities within the Metropolitan Manila Area and

other metropolitan political subdivisions, the barangay consolidation
plan shall be prepared and approved by the sangguniang bayan
concerned.

MUNICIPALITY
NO PLEBISCITE REQT FOR MERGER OF ADMIN REGIONS
The reqt of a plebiscite in a merger applies only to P,C,M
or B
COMELEC protests against plebiscite (jurisdiction)

AUTONOMY decentralization
It does not make the LGUs sovereign over the State
They are only agents of national govt
Local councils exercise only delegated legislative powers
conferred on them by Congress
o The delegate cannot be superior to the principal or
exercise powers higher than those of the latter

(c) The governor or city mayor may prepare a consolidation plan for
barangays, based on the criteria prescribed in this Section, within his
territorial jurisdiction. The plan shall be submitted to the sangguniang
panlalawigan or sangguniang panlungsod concerned for appropriate
action.

Q: Are these 3 (income, population, Land area) required

in all political subdivisions? NO
BARANGAYS

Section 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
panlungsod, subject to approval by a majority of the votes cast in a
plebiscite to be conducted by the COMELEC in the local government
unit or units directly affected within such period of time as may be
determined by the law or ordinance creating said barangay. In the
case of the creation of barangays by the sangguniang panlalawigan,
the recommendation of the sangguniang bayan concerned shall be
necessary.
Section 386. Requisites for Creation. (a) A barangay may be created out of a contiguous territory which has
a population of at least two thousand (2,000) inhabitants as certified
by the National Statistics Office except in cities and municipalities
within Metro Manila and other metropolitan political subdivisions or
in highly urbanized cities where such territory shall have a certified
population of at least five thousand (5,000) inhabitants: Provided,
That the creation thereof shall not reduce the population of the
original barangay or barangays to less than the minimum requirement
prescribed herein.
To enhance the delivery of basic services in the indigenous cultural
communities, barangays may be created in such communities by an
Act of Congress, notwithstanding the above requirement.
(b) The territorial jurisdiction of the new barangay shall be properly
identified by metes and bounds or by more or less permanent natural
boundaries. The territory need not be contiguous if it comprises two
(2) or more islands.

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Section 441. Manner of Creation. - A municipality may be created,

divided, merged, abolished, or its boundary substantially altered only
by an Act of Congress and subject to the approval by a majority of the
votes cast in a plebiscite to be conducted by the COMELEC in the local
government unit or units directly affected. Except as may otherwise
be provided in the said Act, the plebiscite shall be held within one
hundred twenty (120) days from the date of its effectivity.
Section 442. Requisites for Creation. (a) A municipality may be created if it has an average annual income,
as certified by the provincial treasurer, of at least Two million five
hundred thousand pesos (P2,500,000.00) for the last two (2)
consecutive years based on the 1991 constant prices; a population of
at least twenty-five thousand (25,000) inhabitants as certified by the
National Statistics Office; and a contiguous territory of at least fifty
(50) square kilometers as certified by the Lands Management
Bureau: Provided, That the creation thereof shall not reduce the land
area, population or income of the original municipality or
municipalities at the time of said creation to less than the minimum
requirements prescribed herein.
(b) The territorial jurisdiction of a newly-created municipality shall be
properly identified by metes and bounds. The requirement on land
area shall not apply where the municipality proposed to be created
is composed of one (1) or more islands. The territory need not be
contiguous if it comprises two (2) or more islands.
(c) The average annual income shall include the income accruing to
the general fund of the municipality concerned, exclusive of special
funds, transfers and non-recurring income.
(d) Municipalities existing as of the date of the effectivity of this Code
shall continue to exist and operate as such. Existing municipal districts
organized pursuant to presidential issuances or executive orders and
which have their respective set of elective municipal officials holding
office at the time of the effectivity of this Code shall henceforth be
considered as regular municipalities.
CITY
Section 449. Manner of Creation. - A city may be created, divided,
merged, abolished, or its boundary substantially altered, only by an
Act of Congress, and subject to approval by a majority of the votes
cast in a plebiscite to be conducted by the COMELEC in the local

RAMIREZ | AUF SOL

government unit or units directly affected. Except as may otherwise

be provided in such Act. the plebiscite shall be held within one
hundred twenty (120) days from the date of its effectivity.
Section 450. Requisites for Creation.
(a) A municipality or a cluster of barangays may be converted into a
component city if it has an average annual income, as certified by the
Department of Finance, of at least Twenty million (P20,000,000.00)
for the last two (2) consecutive years based on 1991 constant prices,
and if it has either of the following requisites:
(i) a contiguous territory of at least one hundred (100) square
kilometers, as certified by the Lands Management Bureau; or
(ii) a population of not less than one hundred fifty thousand (150,000)
inhabitants, as certified by the National Statistics Office:
Provided, That, the creation thereof shall not reduce the land area,
population, and income of the original unit or units at the time of said
creation to less than the minimum requirements prescribed herein.
(b) The territorial jurisdiction of a newly-created city shall be properly
identified by metes and bounds. The requirement on land area shall
not apply where the city proposed to be created is composed of one
(1) or more islands. The territory need not be contiguous if it
comprises two (2) or more islands.
(c) The average annual income shall include the income accruing to
the general fund, exclusive of specific funds, transfers, and nonrecurring income.
PROVINCE
Section 460. Manner of Creation. - A province may be created,
divided, merged, abolished, or its boundary substantially altered, only
by an Act of Congress and subject to approval by a majority of the
votes cast in a plebiscite to be conducted by the COMELEC in the local
government unit or units directly affected. The plebiscite shall be held
within one hundred twenty (120) days from the date of effectivity of
said Act, unless otherwise provided therein.

Section 461. Requisites for Creation.

(a) A province may be created if it has an average annual income, as
certified by the Department of Finance, of not less than Twenty
million pesos (P20,000,000.00) based on 1991 constant prices and
either of the following requisites:
(i) a contiguous territory of at least two thousand (2,000) square
kilometers, as certified by the Lands Management Bureau; or
(ii) a population of not less than two hundred fifty thousand (250,000)
inhabitants as certified by the National Statistics Office:
Provided, That, the creation thereof shall not reduce the land area,
population, and income of the original unit or units at the time of said
creation to less than the minimum requirements prescribed herein.
(b) The territory need not be contiguous if it comprise two (2) or more
islands or is separated by a chartered city or cities which do not
contribute to the income of the province.

(c) The average annual income shall include the income accruing to
the general fund, exclusive of special funds, trust funds, transfers and
non-recurring income.

Population
Income
Land

Brgy
2000
-

Municipality
25k
25M
50sqkm

City
150k
100M
100sqkm

Province
250k
200M
2000sqkm

MUN OF MALABANG VS BENITO

EO 386 VOID
HELD: It cannot be created as a municipality. No law
recognizing the existence of the Municipality of
Balabagan in other statutes
De facto requirements: pg 23
What is the difference of de jure from de facto?
o Only the state can attack an de facto corporation
only direct attack
Attempted compliance- compliance with the statute (charter)
Colorable compliance compliance with other statutes (LGC)
PADILLA VS COMELEC
They are trying to create a municipality
They question those who voted in the plebiscite
Majority voted against the creation
HELD: VALID
o Those that will form part of the new municipality
will have to participate in the plebiscite. Those that
will not form part, they still have to go because they
will be affected by having a smaller area, pop,
income.
GRINO VS COMELEC
Conversion of sub-province into regular province
Moot and academic because the YES vote won
If its a plebescite (YES OR NO ONLY)
o They voted YES
ALVAREZ VS GUINGONA IN PASSING
Include IRA in income requirement
o They are income from ones area and is regular.
MIRANDA VS AGUIRRE IN PASSING
Downgrade (Independent component city component
city)
It is not just the creation that requires plebiscite.
o Anything that affects the interest of the local govts.
o BASIS: See sec 10 of LGC

5|AGENCY MIDTERMS - TORTS(2015)

LEAGUE OF CITIES VS COMELEC (2008)

ISSUE: WON the Cityhood laws violate the
constitution?YES
RA 9009 - The reqt of income was increased from 20M to
100M (conversion of a municipality to city)
Cityhood Law exemption from the income reqt
HELD: Congress cannot write such criteria in any other
law
o Must comply with the criteria laid down in LGC
To be valid, the exemption must be written in the LGC
and nor in any other law
LEAGUE OF CITIES VS COMELEC (2011)
The court reversed the 2008 ruling in saying that the LGC
was amended by the RA by increasing the income
requirement
The cityhood laws therefore amended the RA
Are the cities now valid? YES
1. They are viable
2. They are pending
3. They cannot be a city if they have share the IRA and
they wont be able to meet the required income.
Legal basis? None!!
o
There are only practical reasons (Sige gawin nalang
natin silang cities)
NAVARRO VS ERMITA
RA 9355 creating DINAGAT ISLANDS (VALID)
WON they are exempted from the pop and land area
requirement? YES
o Sec 446 MUNICIPALITIES (and)
o 452 CITIES (or between population and land area)
o Sec 461 PROVINCE (income (or))
What is waived when a municipality is made up of islands?
442 b Not contiguous
450 (cities)
IRR cannot amend the LGC. Only provides the details.
SETTLEMENT OF BOUNDARY DISPUTES
Section 118. Jurisdictional Responsibility for Settlement of Boundary
Dispute. - Boundary disputes between and among local government
units shall, as much as possible, be settled amicably. To this end:
(a) Boundary disputes involving two (2) or more barangays in the
same city or municipality shall be referred for settlement to the
sangguniang panlungsod or sangguniang bayan concerned.
(b) Boundary disputes involving two (2) or more municipalities
within the same province shall be referred for settlement to the
sangguniang panlalawigan concerned.

RAMIREZ | AUF SOL

(c) Boundary disputes involving municipalities or component cities of

different provinces shall be jointly referred for settlement to the
sanggunians of the province concerned.
(d) Boundary disputes involving a component city or municipality on
the one hand and a highly urbanized city on the other, or two (2) or
more highly urbanized cities, shall be jointly referred for settlement
to the respective sanggunians of the parties.
(e) In the event the sanggunian fails to effect an amicable settlement
within sixty (60) days from the date the dispute was referred thereto,
it shall issue a certification to that effect. Thereafter, the dispute shall
be formally tried by the sanggunian concerned which shall decide the
issue within sixty (60) days from the date of the certification referred
to above.
Section 119. Appeal. - Within the time and manner prescribed by the
Rules of Court, any party may elevate the decision of the sanggunian
concerned to the proper Regional Trial Court having jurisdiction over
the area in dispute. The Regional Trial Court shall decide the appeal
within one (1) year from the filing thereof. Pending final resolution of
the disputed area prior to the dispute shall be maintained and
continued for all legal purposes.

EFFECT OF BOUNDARY DISPUTE

Resolution of such dispute is a requisite for the creation
of the former
REASON: the territorial jurisdiction of a LGU must be
properly identified by the metes and bounds by more or
less permanent natural boundaries before it may be
created
RTC HAVE JURISDICTION OVER BOUNDARY DISPUTES
BETWEEN MUNICIPALITIES AND COMPONENT CITIES
Sec 118 applies only in situations in which a component
city or municipality seeks to settle a boundary dipute
with a highly urbanized city, not with an independent
component city.
o Sec 118 does not apply
RTC shall have exclusive jurisdiction in all cases not within
the exclusive jurisdiction of any court
MUN OF KANANGA VS MADRONA
Questioning whether the RTC may exercise a set. Dispute
(Indepenedent component city)
RTC has jurisdiction. No legal provision governing
jurisdiction between municipality and independent
component city.
MUN OF STAT FE BS IN PASSING
Any dispute between 2 or more municipalities within the
same province will be settled by the sangunniang
lalawigan

CITY OF PASIG VS COMELEC IN PASSING

Dispute between MUN of Cainta and CITY of Pasig
HELD: The areas in controversy shall be decided as with
whom such territorial jurisdiction belongs first
Boundary dispute shall be resolved first before plebiscite
o To determine who will vote in the plebiscite
BARANGAY SANGALANG VS BRGY MAGUIHAN
Land Management Bureau is the principal govt agency
tasked with the survey of lands and more weight should
be given to the documents relating to its official tasks
POLITICAL AND CORPORATE NATURE OF LGUs
Section 15. Political and Corporate Nature of Local Government
Units. - Every local government unit created or recognized under this
Code is 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 government and as a
corporate entity representing the inhabitants of its territory.

TWIN FUNCTIONS OF LGUs

1. Serve as instrumentalities of the govt in carrying out its
functions
2. Act as agency of the community in the administration of
local affairs
POWERS OF LGUs (TWO FOLD CHARACTER)
1. PUBLIC/GOVERNMENTAL/POLITICAL exercised in
administering powers of the State and promoting public
welfare
2. PRIVATE/CORPORATE/PROPRIETARY exercised for the
special benefit and advantage of the community
Ex. Maintenance of public cemetery
PROPERTY OF LGUs
Divided into property for public use and patrimonial
property
Property of LGUs devoted to public service are deemed in
the absolute control of Congress and have no authority to
control or regulate the use unless the authority is vested
in them by Congress
VILAS VS CITY OF MANILA
ISSUE: Succession of debts left by the city of manila -WON they will be liable
HELD: LIABLE Corporate
Q: What remains after a cession? Corporate nature

6|AGENCY MIDTERMS - TORTS(2015)

NAWASA VS DATOR
SC IN FAVOR OF THE MUNICIPALITY
The authority of the municipality is justified from its
inherent power to administer what it owns privately. The
municipality acts in its proprietary capacity
CITY OF MANILA VS IAC
WON the Cemetery is governmental/proprietary function
of the City of Manila?
HELD: The Cemetery is owned by the City on its private or
proprietary character
o The lease contract have the force of law between
them
CORPORATE POWERS
Section 22. Corporate Powers. (a) Every local government unit, as a corporation, shall have the
following powers:
(1) To have continuous succession in its corporate name;
(2) To sue and be sued;
(3) To have and use a corporate seal;
(4) To acquire and convey real or personal property;
(5) To enter into contracts; and
(6) To exercise such other powers as are granted to
corporations, subject to the limitations provided in this Code and
other laws.
(b) Local government units may continue using, modify, or change
their existing corporate seals: Provided, That newly established local
government units or those without corporate seals may create their
own corporate seals which shall be registered with the Department of
the Interior and Local Government: Provided, further, That any
change of corporate seal shall also be registered as provided hereon.
(c) Unless otherwise provided in this Code, no contract may be
entered into by the local chief executive in behalf of the local
government unit without prior authorization by the sanggunian
concerned. A legible copy of such contract shall be posted at a
conspicuous place in the provincial capitol or the city, municipal or
barangay hall.
(d) Local government units shall enjoy full autonomy in the exercise
of their proprietary functions and in the limitations provided in this
Code and other applicable laws
POWER TO SUE AND BE SUED
GR: The State cannot be sued unless it gives its consent
EXPRESS CONSENT > enactment of a general or special law
IMPLIED CONSENT GIVEN WHERE > 1. The State commences
litigation; 2. The State enters into a contract which is commercial in
nature
LGC expressly provides that LGUS may sue and be sued

RAMIREZ | AUF SOL

QUISUMBING VS GARCIA
AUDIT
o Several contracts were not supported with a
sanggunian authorization
GARCIA CONT: I have prior authorization because I have
a budget
o Cannot be disbursed by the LG because sec 323
Re-enacted budgetlast years budget as provided by the
govt results from failure to enact annual appropriation
o Included in re-enacted budget annual
appropriations for salaries and wages of existing
positions, statutory and contractual obligations and
essential operating expenses authorized in the
annual and supplemental budgets for the preceding
year
Q: REENACTED BUDGET IS NOT GOOD ENOUGH ACCORDING
TO THE COURT
HELD: Must first obtain an authorization from the LG
Chief Executive
o Contractual obli was only entered into this year.
New contracts entered into by the local chief
executive require prior approval of the sanggunian

LCE, with the sanggunian, can ask for money

o EXCEPTION: if such would have implications on
national security
LIABILITY FOR DAMAGES

Section 24. Liability for Damages. - Local government units and their
officials are not exempt from liability for death or injury to persons
or damage to property
NCC Art. 34. When a member of a city or municipal police force
refuses or fails to render aid or protection to any person in case of
danger to life or property, such peace officer shall be primarily liable
for damages, and the city or municipality shall be subsidiarily
responsible therefor. The civil action herein recognized shall be
independent of any criminal proceedings, and a preponderance of
evidence shall suffice to support such action.
NCC Art. 2176. Whoever by act or omission causes damage to
another, there being fault or negligence, is obliged to pay for the
damage done. Such fault or negligence, if there is no pre-existing
contractual relation between the parties, is called a quasi-delict and is
governed by the provisions of this Chapter.
Art. 2180. The obligation imposed by Article 2176 is demandable not
only for one's own acts or omissions, but also for those of persons
for whom one is responsible.

OSMENA VS COA
CEBU CITY SPORTS COMPLEX
No need for prior authorization because there was a
supplemental authorization after.

The State is responsible in like manner when it acts through a special

agent; but not when the damage has been caused by the official to
whom the task done properly pertains, in which case what is provided
in Article 2176 shall be applicable.

Estoppel cannot be applied to municipal corporations

Would circumvent sec22 you cannot do indirectly what
you cant do directly

Art. 2189. Provinces, cities and municipalities shall be liable for

damages for the death of, or injuries suffered by, any person by
reason of the defective condition of roads, streets, bridges, public
buildings, and other public works under their control or supervision.

AUTHORITY TO NEGOTIATE AND SECURE GRANTS

SUABILITY vs LIABILITY
SUABILITY whether an entity is capable of being sued
LIABILITY condition of being actually or potentially subject to
a obligation
NOTE: In permitting municipal corporations to be sued, the
State merely gives the claimant the right to show that the
former was not acting in its governmental capacity when the
injury was committed

Section 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 of 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.

LIABILITY OF MUNICIPAL CORPORATIONS

GR: A municipal corporation is not liable for the acts of its
officers or agents in the performance of its governmental
functions
XTION: Liability for the negligent performance of its corporate
or proprietary function

7|AGENCY MIDTERMS - TORTS(2015)

LGUs and officials are not exempt from liability

When are they liable and when are they not
o SEC 24 connect on the dual character

GEN RULE ON SUABILITY: not liable for torts committed by

them in the discharge of governmental functions and can be
held answerable only if it can be shown that they were acting
in a proprietary capacity.
EXCEPTION: municipal corporations are suable because their
charters grant them the competence to sue and be sued; They
are not exempt for the negligent performance of its corporate
or proprietary or business functions
CITY OF MANILA VS TEOTICO
Manhole
o The city will not be liable for damages etc
(CHARTER)
o Liable (Civil Code)
HELD: The CC is more in line because it is specific.
PILAR VS SANGGUNIANG BAYAN NG DASOL PANGASINAN
Increase of salaries except Vice Mayor
HELD: Mayor is liable
MUN OF SAN FDO VS FIRME
Collision -- Fault of the LGU car
HELD: Even though they allowed themselves to be sued,
it doesnt mean that they can be held liable
Purpose was in relation to the governmental function
(ordinary work)
CITY OF CALOOCAN VS ALLARDE
Paid the others, but Santiago was paid only partial
payment
HELD: The City Govt should pay because there is already
an appropriation (Exception)
o The rule of the immunity of public funds from
seizure or garnishment does not apply where the
funds sought to be levied under the execution are
already allocated by law
GENERAL WELFARE CLAUSE
Section 16. General Welfare. - Every local government unit shall
exercise the powers expressly granted, those necessarily implied
therefrom, as well as powers necessary, appropriate, or incidental for
its efficient and effective governance, and those which are essential to
the promotion of the general welfare. Within their respective
territorial jurisdictions, local government units shall ensure and
support, among other things, the preservation and enrichment of
culture, promote health and safety, enhance the right of the people to

RAMIREZ | AUF SOL

a balanced ecology, encourage and support the development of

appropriate and self-reliant scientific and technological capabilities,
improve public morals, enhance economic prosperity and social
justice, promote full employment among their residents, maintain
peace and order, and preserve the comfort and convenience of their
inhabitants.
SECTION. 391. Powers, Duties, and Functions. - (a) The Sangguniang
Barangay, as the legislative body of the Barangay, shall: (a) Enact
ordinances as may be necessary to discharge the responsibilities
conferred upon it by law or ordinance and to promote the general
welfare of the inhabitants therein;

POLICE POWER
the power of promoting the public welfare by restraining
and regulating the use of liberty and property
o Power to prescribe regulations to promote the
health, morals, peace, education, good order or
safety and general welfare of the people.
most essential, insistent, and illimitable of powers
Police power is inherent in the state but not in municipal
corporations
o Before a municipal corporation may exercise such
power, there must be a valid delegation of such
power by the legislature which is the repository of
the inherent powers of the State.
Requisites: Lawful subject and Lawful means (for gen
public, reasonableness not oppressive, )
o Taxation lifeblood of the government
o Eminent Domain power of taking for public use for
just compensation
GENERAL WELFARE:
the power of promoting the public welfare by restraining
and regulating the use of liberty and property.
GEN RULE of Municipal Cooperations Police Power:
o
may exercise police powers within the fair intent
and purpose of their creation which are reasonably
proper to give effect to the powers expressly
granted, and statutes conferring powers on public
corporations have been construed as empowering
them to do the things essential to the enjoyment of
life and desirable for the safety of the people
o
The care for the poor is generally recognized as a
public duty. The support for the poor has long been
an accepted exercise of police power in the
promotion of the common good

TANO VS SOCRATES
Ban on shipment of live fish and lobster outside PP
HELD: The ordinance is constitutional, valid exercise of
police power
o These were not the fish that the fisherman that go
for
Restrict lawful business because if you dont do it, it will
not last long
CITY GOVT OF QC VS ERICTA
Private Cemetery
WON Sec9 of the Oridnance is a valid exercise of police
power? NO
HELD: Funds were from private individuals
o The ordinance is actually taking without
compensation.
o Instead of building a public cemetery, the city passes
the burden to private cemeteries
o It should have done eminent domain
BINAY VS DOMINGO
Burial assistance was considered valid because there is a
public purpose
o No issue of taking
o Govt funds were used
The support for poor has long been accepted as an
exercise of police power
RIMANDO VS EMISSION TESTING CENTER
PET Mayor refuse to issue business permit
The mayor cannot be compelled to issue business
permits and discretionary

HELD: Issue permits

ABATEMENT OF NUISANCE

Section 447 A 4(I). Powers, Duties, Functions and Compensation. (a) The sangguniang bayan, as the legislative body of the municipality,
shall enact ordinances, approve resolutions and appropriate funds for
the general welfare of the municipality and its inhabitants pursuant to
Section 16 of this Code and in the proper exercise of the corporate
powers of the municipality as provided for under Section 22 of this
Code, and shall:
(4) Regulate activities relative to the use of land, buildings and
structures within the municipality in order to promote the general
welfare and for said purpose shall:
(i) Declare, prevent or abate any nuisance;

8|AGENCY MIDTERMS - TORTS(2015)

Section 458. Powers, Duties, Functions and Compensation.

4) Regulate activities relative to the use of land, buildings and
structures within the city in order to promote the general welfare and
for said purpose shall:
(i) Declare, prevent or abate any nuisance;

MUNICIPAL ORDINANCE
Within the corporate powers of the municipality to enact
Be passed according to the procedure prescribed by law,
Be in consonance with basic principles of a substantive
nature.
REQUIREMENTS FOR VALIDITY:
1. Must not contravene the Constitution or any statute
2. Must not be unfair or oppressive
3. Must not be partial or discriminatory
4. Must not prohibit but may regulate trade
5. Must be general and consistent with public policy
6. Must not be unreasonable
RE Validity:
"The municipal council shall enact such ordinance and make
such regulations, not repugnant to law, as may be necessary
to carry into effect and discharge the powers and duties
conferred upon it by law and such as shall seem 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."
Abatement of a nuisance without judicial proceedings is
possible if it is nuisance per se. Nuisance per se is that
which is nuisance at all times and under any
circumstance, regardless of location and surroundings.
LGC does not expressly provide for the abatement of
nuisance. And even assuming that the power to abate
nuisance is provided for by the present code, the accused
public officials were under the facts of this case, still
devoid of any power to demolish the store.
NUISANCE
thing, condition or use of some continuity which through
offensive odor, noises, substance etc, works hurt,
annoyance, inconvenience or damage to the public with
respect to his health, comfort, repose or safety, OR
Effects of which are unreasonably harmful or annoying to
persons of normal sensibility and constitutes a legal
wrong remediable in equity or at law

RAMIREZ | AUF SOL

Accdg to the New Civil Code: NUISANCE is any act, omission,

establishment, business, condition of property which:
1) Injures or endangers health or safety of others
2) Annoys or offends the senses
3) Shocks, defies or disregards decency or morality
4) Obstructs or interferes with the free passage of any public
hi-way or street, or water
5) Hinders or impairs use of property
KINDS:
A. NUISANCE PER SE a nuisance at all times and under any
circumstances, regardless of location or surroundings
May be abated without judicial proceedings ONLY to
nuisance per se, affecting a community or neighborhood
although the extent of annoyance, danger or damage
upon individuals be unequal, affecting immediate safety
Determination within municipal power is conclusive on
the court
B.

NUISANCE PER ACCIDENS becomes a nuisance by

reason of the locality, surroundings, or the manner in
which it is conducted, managed, etc
May only be abated and proven in a judicial hearing
Municipal determination of existence is only persuasive
and not conclusive on the courts

WHEN DOES AN LGU HAVE POWERS REG NUISANCE?

Under 447 A 4 I (bayan) vs 458 a 4 I (lalawigan)
o Can you see any difference bet them?
o Can you see anything per se vs per accidens?
Civil code
o if nuisance per se - it can be done extrajudicially
o if nuisance per accidens only court (judicial)
because of its location etc.
TECHNOLOGY DEVELOPERS INC VS CA
Was was it valid? YES
o Basis : General welfare
Mayor has a power to order the closure of the plant in
the exercise of its PP
AC ENTERPRISES VS FRABELLE PROPERTIES CORP.
Noise emanating from Aircon
HELD: PAB has no jurisdiction over the noise
It does not require any special expertise and experience
of PAB

ASILO JR VS PEOPLE OF THE PHIL

Fire in a public market the stall was beside the market.
Stall not affected by the fire Demolition by Mayor
Market cannot be considered as nuisance per se because
it was not affected by the fire
Sanggunian resolutions are not enough to justify
demolition
Who was penalized for the demolition? Dispositive
portion
o Also the municipality in its propriety capacity. There
were contracts
BASIC SERVICES AND FACILITIES
core of devolution of central government powers to
LGUs
Exception to Provisions:
Public works and infrastructure projects and other facilities,
programs, services
1. Funded by the national govt under GAA, other special laws
or EOs
2. Funded partially or wholly from foreign sources Here, LGUs
are only implementing agencies
Next higher LGU or natl govt may augment basic services
if: Not available or o If available, inadequate to meet the
requirements of its inhabitants

LTO VS CITY OF BUTUAN

LTO ---licensing function
CITY --- franchising and regulatory function
LTFRB may role p ba siya? Franchising same as above
ISSUE: WON the LTOs power to register tricycles as well as to
issue licenses has also devolved to LGUs? NO
Why cant they delegate it to the local govt ?
Solgen > The incidence of theft of tricycles will go up and
stolen tricycles registered in a LG could be registered in
another with ease.
MACASIANO VS DIOKNO
Closure of a street Flea Market
WHO CAN REMOVE A PUBLIC ROAD FROM ITS USE AS A
PUBLIC ROAD?
o ONLY Congress can do it
PIMENTEL JR VS EXEC SEC
HELD: National Govt is not precluded from taking hand in
the formulation and implementation of national devt
programs especially where it is implemented locally in
coordination with the LGUs concerned
There is an exemption National govt provided it

9|AGENCY MIDTERMS - TORTS(2015)

EMINENT DOMAIN
Section 19. Eminent Domain. - A local government unit may, through
its chief executive and acting pursuant to an ordinance, exercise the
power of eminent domain for public use, or purpose or welfare for the
benefit of the poor and the landless, upon payment of just
compensation, pursuant to the provisions of the Constitution and
pertinent laws: Provided, however, That the power of eminent domain
may not be exercised unless a valid and definite offer has been
previously made to the owner, and such offer was not accepted:
Provided, further, That the local government unit may immediately
take possession of the property upon the filing of the expropriation
proceedings and upon making a deposit with the proper court of at
least fifteen percent (15%) of the fair market value of the property
based on the current tax declaration of the property to be
expropriated: Provided, finally, That, the amount to be paid for the
expropriated property shall be determined by the proper court, based
on the fair market value at the time of the taking of the property.

EMINENT DOMAIN
Power to take private property for public use by the State,
municipalities and private persons or corporationsauthorized
to exercise functions of public charater
NATURE: Legislative in nature
WHO MAY EXERCISE: may be validly delegated to LGUs, other
public entities and public utilities
REQUIREMENTS:
1. BY WHOM: Enactment of an ordinance by the local
legislative council authorizing the local chief executive to
exercise such power
ORDINANCE law with general and permanent
character; 3rd reading required
RESOLUTION mere declaration of sentiment or opinion
of law making body on a specific matter; up to 2nd
reading only
2. PURPOSE: for public use, purpose or welfare
PUBLIC USE public advantage or benefit, contributing to
the general welfare and prosperity of the whole
community
3. PAYMENT OF JUST COMPENSATION
JUST COMPENSATION fair market value to be paid at
the time of taking of property determined by the court or
sum which a person, desirous but not compelled to buy
and an owner, willing but not compelled to sell, would
agree on as a price

RAMIREZ | AUF SOL

HOW DETERMINED:
Ascertain market value/ basic value at the time of taking
Add consequential damage
Deduct consequential benefits
Add legal interest if taking occurred before compensation
Required to:
/ Pay correct amount
/ Pay at a reasonable time from taking
4. Valid and definite offer to the owner and offer was not
accepted
TAKING -- owner deprived or dispossessed of ordinary and
beneficial use of his property or of its value thru practical
destruction or material impairment of propertys value
SCOPE:
/ Tangible property
/ Rights of user
/ Enjoyment thereof
LIMITATIONS:
X Lands within corporate limits, unless delegated by
legislature
X Private property devoted to public use by Congress not
included
X NO required approval from DAR because although there is
limited authority, no such mention of this requirement

RTC has proper jurisdiction

Expropriation proceedings are to be resorted only after
other acquisition modes have been exhausted
Principle of res judicata cannot bar the right of the State
or its agent to expropriate private property
Being an inherent power, its right to be exercised is
absolute and unfettered
Government may immediately take possession upon:
o Filing of expropriation proceedings
o Upon deposit with proper court at least 15% of the
FMV based on propertys current tax declaration

Re 15% DEPOSIT: Deposit constitutes advance payment only

in the event the expropriation prospers.
Dual purpose:
i.
as pre-payment if the expropriation succeeds and
ii.
as indemnity for damages if it is dismissed.

proceedings fail, the money could be used to indemnify the

owner for damages. (Cisayan Refining Co. vs Camus, 1919)
RA 7279: Urban Devt and Housing Act of 1992
Sec. 9. Priorities in the Acquisition of Land. Lands for
socialized housing shall be acquired in the following order:
a) Those owned by the Government or any of its subdivisions,
instrumentalities, or agencies, including government-owned
or -controlled corporations and their subsidiaries;
b) Alienable lands of the public domain;
c) Unregistered or abandoned and idle lands;
d) Those within the declared Areas for Priority Development,
Zonal Improvement Program sites, and Slum Improvement
and Resettlement Program sites which have not yet been
acquired;
e) Bagong Lipunan Improvement of Sites and Services or BLISS
sites which have not yet been acquired; and
f) Privately-owned lands.
EXCEPTION to the priorities: Where open-site development is
found more practicable and advantageous to the
beneficiaries, the priorities mentioned in this section shall not
apply. LGUs shall give budgetary priority to on-site
development of government lands.
Sec. 10. Modes of Land Acquisition. The modes of
acquiring lands for purposes of this Act shall include, among
others, community mortgage, land swapping, land assembly
or consolidation, land banking, donation to the Government,
jointventure agreement, negotiated purchase, and
expropriation: Provided, however, That expropriation shall be
resorted to only when other models of acquisition have been
exhausted: Provided, further, That where expropriation is
resorted to, parcels of land owned by small property owners
shall be exempted for purposes of this Act: Provided, finally,
That abandoned property, as herein defined, shall be reverted
and escheated to the State in a proceeding analogous to the
procedure laid down in Rule 91 of the Rules of Court.
For the purpose of socialized housing, government-owned and
foreclosed properties shall be acquired by the local
government units, or by the National Housing Authority
primary through negotiated purchase: Provided, That qualified
beneficiaries who are actual occupants of the land shall be
given the right of first refusal.

This advance payment, a prerequisite for the issuance of a

writ of possession, should not be confused with payment of
just compensation for the taking of property even if it could
be a factor in eventually determining just compensation. If the

10 | A G E N C Y M I D T E R M S - T O R T S ( 2 0 1 5 )

RABUCO VS VILLEGAS
Conversion to disposable
Is there an exercise of ED? NO the subject property is
owned by the state
o LGU in its proprietary capacity -- it can dispose such;
but if intended for the public use, it is for the
legislature to dispose such
o Governmental nature > inalienable > reclassify to
alienable

national govt owns it

PROVINCE OF CAMSUR VS CA
Why is there no need to go to DAR to reclassify the land?
What is the effect?
o There will be curtailment of power on ED
BRGY SAN ROQUE VS HEIRS OF PASTOR
Issue: Jurisdiction either RTC or MTC
RTC -- because it is incapable of pecuniary estimation
Why not MTC?
Primary consideration in an expropriation suit is whether
the govt or its instrumentalities has complied with the
requisites for ED
o Value -- merely secondary/incidental
CITY OF CEBU VS SPOUSES DEDAMO
ISSUE: Compensation for the expropriation
Held: Contract -- Binding to the parties
Just compensation shall be determined at the time of
actual taking
SPS YUSAY VS CA
Resolution vs ordinance
RE: Issue of prohibition does not lie against expropriation
because it defeats the whole purpose of taking the property
CITY OF MANILA VS ALEGAR CORP
Refers to RA 7279 (For socialized housing)
Not applicable to all eminent domain
RECLASSIFICATION OF LANDS
SECTION 20. Reclassification of Lands
WHAT: reclassification of agricultural lands to other purpose
WHO MAY RECLASSIFY: City or Municipality
HOW: Through an ordinance passed by the Sanggunian after public
hearings
WHEN:
1) when the land ceases to be economically feasible and sound for
agricultural purposes (As determined by DAR)

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(2) where the land shall have substantially greater economic value for
residential, commercial, or industrial purposes (as determined by the
Sanggunian concerned)
LIMITATION:
Reclassification limited to __ % of total agricultural land area at the
time of ordinance passage:
15% Highly urbanized and independent component city
10% Component cities and 1st to 3rd class municipalities
5% 4th to 6th class municipalities (Provided agri lands in CAR will not
be affected)

President to authorize city or municipality

o
WHEN: public interest so requires AND upon NEDA
recommendation
o
WHAT: in excess of the limits set in the preceeding
paragraph
LGUs are required to continue to prepare comprehensive land
use plans, enacted through zoning ordinances which shall be the
primary and dominant bases for the future use of land resources
National agency approval shall not be unreasonably withheld
Failure to act after 3 months from receipt of application is
deemed as APPROVAL

AGRICULTURAL LAND those devoted to agricultural activity and not

classified as mineral or forest by DENR, and not classified in town
plans and zoning ordinances as approved by the Housing and Land
Use Regulatory Board
LAND USE manner of utilization of land ie allocation, development
and management
LAND USE CONVERSION act or process of changing the current use
of an agri land into some other use as approved by DAR

SJS VS ATIENZA
Reclassification
Removal of Pandacan Terminal
ISSUE: Was it a valid ordinance? YES
HELD: Valid and reasonable classification (Requisites)
o It must rest on substantial distinction
o Must be germane to the purpose of law
o Must be limited to existing conditions only
o Must apply equally to all
LAYNES VS SPS UY
Diff from Prov of Camarines vs CA
DAR still retains jurisdiction over the complaint
o There shall be a certification from the DAR in
reclassifying the land

LOCAL LEGISLATION
Section 48. Local Legislative Power. - Local legislative power shall be
exercised by the sangguniang panlalawigan for the province; the
sangguniang panlungsod for the city; the sangguniang bayan for the
municipality; and the sangguniang barangay for the barangay.
Section 49. Presiding Officer. (a) The vice-governor shall be the presiding officer of the sangguniang
panlalawigan; the city vice-mayor, of the sangguniang panlungsod;
the municipal vice-mayor, of the sangguniang bayan; and the punong
barangay, of the sangguniang barangay. The presiding officer shall
vote only to break a tie.
(b) In the event of the inability of the regular presiding officer to
preside at a sanggunian session, the members present and
constituting a quorum shall elect from among themselves a
temporary presiding officer. He shall certify within ten (10) days from
the passage of ordinances enacted and resolutions adopted by the
sanggunian in the session over which he temporarily presided.
Section 50. Internal Rules of Procedure. (a) On the first regular session following the election of its members
and within ninety (90) days thereafter, the sanggunian concerned
shall adopt or update its existing rules of procedure.
(b) The rules of procedure shall provided for the following:
(1) The organization of the sanggunian and the election of
its officers as well as the creation of standing committees
which shall include, but shall not be limited to, the
committees on appropriations, women and family, human
rights, youth and sports development, environmental
protection, and cooperatives; the general jurisdiction of
each committee; and the election of the chairman and
members of each committee;
(2) The order and calendar of business for each session;
(3) The legislative process;
(4) The parliamentary procedures which include the
conduct of members during sessions;
(5) The discipline of members for disorderly behavior and
absences without justifiable cause for four (4) consecutive
sessions, for which they may be censured, reprimanded, or
excluded from the session, suspended for not more than
sixty (60) days, or expelled: Provided, That the penalty of
suspension or expulsion shall require the concurrence of at
least two-thirds (2/3) vote of all the sanggunian members:
Provided, further, That a member convicted by final
judgment to imprisonment of at least one (1) year for any
crime involving moral turpitude shall be automatically
expelled from the sanggunian; and
(6) Such other rules as the sanggunian may adopt.lawphil
Section 51. Full Disclosure of Financial and Business Interests of
Sanggunian Members. (a) Every sanggunian member shall, upon assumption to office, make
a full disclosure of his business and financial interests, or professional
relationship or any relation by affinity or consanguinity within the
fourth civil degree, which he may have with any person, firm, or entity

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affected by any ordinance or resolution under consideration by the

sanggunian of which he is a member, which relationship may result in
conflict of interest. Such relationship shall include:
(1) Ownership of stock or capital, or investment, in the entity or firm
to which the ordinance or resolution may apply; and
(2) Contracts or agreements with any person or entity which the
ordinance or resolution under consideration may affect.
In the absence of a specific constitutional or statutory provision
applicable to this situation, "conflict of interest" refers in general to
one where it may be reasonably deduced that a member of a
sanggunian may not act in the public interest due to some private,
pecuniary, or other personal considerations that may tend to affect
his judgment to the prejudice of the service or the public.
(b) The disclosure required under this Act shall be made in writing and
submitted to the secretary of the sanggunian or the secretary of the
committee of which he is a member. The disclosure shall, in all cases,
form part of the record of the proceedings and shall be made in the
following manner:
(1) Disclosure shall be made before the member
participates in the deliberations on the ordinance or
resolution under consideration: Provided, That, if the
member did not participate during the deliberations, the
disclosure shall be made before voting on the ordinance or
resolution on second and third readings; and
(2) Disclosure shall be made when a member takes a
position or makes a privilege speech on a matter that may
affect the business interest, financial connection, or
professional relationship described herein.
Section 52. Sessions. (a) On the first day of the session immediately following the election
of its members, the sanggunian shall, by resolution, fix the day, time,
and place of its regular sessions. The minimum numbers of regular
sessions shall be once a week for the sangguniang panlalawigan,
sangguniang panlungsod, and sangguniang bayan, and twice a month
for the sangguniang barangay.
(b) When public interest so demands, special sessions may be called
by the local chief executive or by a majority of the members of the
sanggunian.
(c) All sanggunian sessions shall be open to the public unless a closeddoor session is ordered by an affirmative vote of a majority of the
members present, there being a quorum, in the public interest or for
reasons of security, decency, or morality. No two (2) sessions, regular
or special, may be held in a single day.
(d) In the case of special sessions of the sanggunian, a written notice
to the members shall be served personally at the member's usual
place of residence at least twenty-four (24) hours before the special
session is held.
Unless otherwise concurred in by two-thirds (2/3) vote of the
sanggunian members present, there being a quorum, no other
matters may be considered at a special session except those stated in
the notice.

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(e) Each sanggunian shall keep a journal and record of its proceedings
which may be published upon resolution of the sanggunian
concerned.
Section 53. Quorum. (a) A majority of all the members of the sanggunian who have been
elected and qualified shall constitute a quorum to transact official
business. Should a question of quorum be raised during a session, the
presiding officer shall immediately proceed to call the roll of the
members and thereafter announce the results.
(b) Where there is no quorum, the presiding officer may declare a
recess until such time as a quorum is constituted, or a majority of the
members present may adjourn from day to day and may compel the
immediate attendance of any member absent without justifiable
cause by designating a member of the sanggunian to be assisted by a
member or members of the police force assigned in the territorial
jurisdiction of the local government unit concerned, to arrest the
absent member and present him at the session.
(c) If there is still no quorum despite the enforcement of the
immediately preceding subsection, no business shall be transacted.
The presiding officer, upon proper motion duly approved by the
members present, shall then declare the session adjourned for lack of
quorum.
Section 54. Approval of Ordinances. (a) Every ordinance enacted by the sangguniang panlalawigan,
sangguniang panlungsod, or sangguniang bayan shall be presented to
the provincial governor or city or municipal mayor, as the case may
be. 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,
which may proceed to reconsider the same. The sanggunian
concerned may override the veto of the local chief executive by twothirds (2/3) vote of all its members, thereby making the ordinance or
resolution effective for all legal intents and purposes.
(b) The veto shall be communicated by the local chief executive
concerned to the sanggunian within fifteen (15) days in the case of a
province, and ten (10) days in the case of a city or a municipality;
otherwise, the ordinance shall be deemed approved as if he had
signed it.
(c) Ordinances enacted by the sangguniang barangay shall, upon
approval by the majority of all its members, be signed by the punong
barangay.
Section 55. Veto Power of the Local Chief Executive. (a) The local chief executive may veto any ordinance of the
sanggunian panlalawigan, sangguniang panlungsod, or sanggunian
bayan on the ground that it is ultra vires or prejudicial to the public
welfare, stating his reasons therefor in writing.
(b) The local chief executive, except the punong barangay, shall have
the power to veto any particular item or items of an appropriations
ordinance, an ordinance or resolution adopting a local development
plan and public investment program, or an ordinance directing the
payment of money or creating liability. In such a case, the veto shall
not affect the item or items which are not objected to. The vetoed

item or items shall not take effect unless the sanggunian overrides the
veto in the manner herein provided; otherwise, the item or items in
the appropriations ordinance of the previous year corresponding to
those vetoed, if any, shall be deemed reenacted.
(c) The local chief executive may veto an ordinance or resolution only
once. The sanggunian may override the veto of the local chief
executive concerned by two-thirds (2/3) vote of all its members,
thereby making the ordinance effective even without the approval of
the local chief executive concerned.
Section 56. Review of Component City and Municipal Ordinances or
Resolutions by the Sangguniang Panlalawigan.
(a) Within three (3) days after approval, the secretary to the
sanggunian panlungsod or sangguniang bayan shall forward to the
sangguniang panlalawigan for review, copies of approved ordinances
and the resolutions approving the local development plans and public
investment programs formulated by the local development councils.
(b) Within thirty (30) days after the receipt of copies of such
ordinances and resolutions, the sangguniang panlalawigan shall
examine the documents or transmit them to the provincial attorney,
or if there be none, to the provincial prosecutor for prompt
examination. The provincial attorney or provincial prosecutor shall,
within a period of ten (10) days from receipt of the documents, inform
the sangguniang panlalawigan in writing of his comments or
recommendations, which may be considered by the sangguniang
panlalawigan in making its decision.
(c) If the sangguniang panlalawigan finds that such an ordinance or
resolution is beyond the power conferred upon the sangguniang
panlungsod or sangguniang bayan concerned, it shall declare such
ordinance or resolution invalid in whole or in part. The sangguniang
panlalawigan shall enter its action in the minutes and shall advise the
corresponding city or municipal authorities of the action it has taken.
(d) If no action has been taken by the sangguniang panlalawigan
within thirty (30) days after submission of such an ordinance or
resolution, the same shall be presumed consistent with law and
therefore valid.
Section 57. Review of Barangay Ordinances by the Sangguniang
Panlungsod or Sangguniang Bayan.
(a) Within ten (10) days after its enactment, the sangguniang
barangay shall furnish copies of all barangay ordinances to the
sangguniang panlungsod or sangguniang bayan concerned for review
as to whether the ordinance is consistent with law and city or
municipal ordinances.
(b) If the sangguniang panlungsod or sangguniang bayan, as the case
may be, fails to take action on barangay ordinances within thirty (30)
days from receipt thereof, the same shall be deemed approved.
(c) If the sangguniang panlungsod or sangguniang bayan, as the case
may be, finds the barangay ordinances inconsistent with law or city or
municipal ordinances, the sanggunian concerned shall, within thirty
(30) days from receipt thereof, return the same with its comments
and recommendations to the sangguniang barangay concerned for
adjustment, amendment, or modification; in which case, the

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effectivity of the barangay ordinance is suspended until such time as

the revision called for is effected.
Section 58. Enforcement of Disapproved Ordinances or Resolutions. Any attempt to enforce any ordinance or any resolution approving the
local development plan and public investment program, after the
disapproval thereof, shall be sufficient ground for the suspension or
dismissal of the official or employee concerned.
Section 59. Effectivity of Ordinances or Resolutions. a) Unless otherwise stated in the ordinance or the resolution
approving the local development plan and public investment program,
the same shall take effect after ten (10) days from the date a copy
thereof is posted in a bulletin board at the entrance of the provincial
capitol or city, municipal, or barangay hall, as the case may be, and in
at least two (2) other conspicuous places in the local government unit
concerned.
(b) The secretary to the sanggunian concerned shall cause the posting
of an ordinance or resolution in the bulletin board at the entrance of
the provincial capitol and the city, municipal, or barangay hall in at
least two (2) conspicuous places in the local government unit
concerned not later than five (5) days after approval thereof.
The text of the ordinance or resolution shall be disseminated and
posted in Filipino or English and in the language understood by the
majority of the people in the local government unit concerned, and
the secretary to the sanggunian shall record such fact in a book kept
for the purpose, stating the dates of approval and posting.
(c) The gist of all ordinances with penal sanctions shall be published in
a newspaper of general circulation within the province where the local
legislative body concerned belongs. In the absence of any newspaper
of general circulation within the province, posting of such ordinances
shall be made in all municipalities and cities of the province where the
sanggunian of origin is situated.
(d) In the case of highly urbanized and independent component cities,
the main features of the ordinance or resolution duly enacted or
adopted shall, in addition to being posted, be published once in a local
newspaper of general circulation within the city: Provided, That in the
absence thereof the ordinance or resolution shall be published in any
newspaper of general circulation.

LINE ITEM VETO PROHIBITED

GR: line vetoes of ordinances by LCE are prohibited
EXCEPTIONS:
1. Appropriation ordinances
2. Ordinances or resolutions adopting a local devt plan and
public investment program
3. Ordinances directing the payment of money or creating
liability

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