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Gonzales)
b.
municipal limits; it exercises by delegation a part of the sovereignty of the State. Private/Proprietaryit acts in a similar category as a business corporation, performing functions not strictly governmental or political; it stands for the community in the administration of local affairs. It acts as a separate entity for its own purposes and not as a subdivision of the State.
5. Criterion to determine whether corporation is public: The relationship of the corporation to the State, i.e., if created by the State as its own agency to help the State in carrying out its governmental functions, then it is public, otherwise, it is private. 6. De Facto Municipal Corporation --a corporation that may exist in fact although not point of law because of certain defects in some essential features of its incorporation. 7. Elements of De Facto Municipal Corporation: a. A valid law authorizing incorporation b. An attempt in good faith to organize under it c. A colorable compliance with the law d. An assumption of corporate powers 8. Three forms of decentralization:
a.
Devolution- is the transfer of power and authority from the national government to LGUs as the territorial and political subdivisions of the State. The nature of power transfer is political and the approach is territorial or areal. b. Deconcentrationis the transfer of power, authority or responsibility, or the discretion to plan, decide and manage from central point or local levels, but within the central or national government itself. The nature of the transfer is administrative and the approach is sectoral. c. Debureaucratizati on- is the transfer of some public functions and responsibilities, which the government may perform, to private entities or non-
3. Field health and hospital services and other tertiary health services of the DOH; 4. Public works and infrastructure projects funded out of local funds of the DPWH; 5. The school building program of the DECS; 6. Social welfare services of the DSWD; 7. Tourism facilities and tourism promotion and development of the DOT; 8. Telecommunications services for provinces and cities of the DOTC; 9. Housing projects for provinces and cities; and 10. Other services such as investment support. 9. How local autonomy enhances governmental and corporate powers of LGUs: have: a. Every local government unit shall i. Full autonomy in their exercise of proprietary rights and management of economic enterprises. ii. Full authority to secure domestic or foreign grants without the approval of the NGAs concerned, unless these are projects with national security implications, and iii. Financial undertakings for LGUs for mutual advantage thru loans and assistance to calamity-stricken LGUs. B. R.A. 7160Policy and Application; Constitutional Provisions
Among the regulatory powers of the National Government Agencies transferred or devolved to the LGUs include the following: 1. The reclassification of agricultural lands- DAR to cities and municipalities 2. Enforcement of environmental laws- DENR to all LGUs 3. Inspection of food products and quarantineDOH to cities and municipalities 4. The enforcement of the National Building Code- DPWH to cities and municipalities 5. The processing and approval of subdivision plans- HLURB to cities and municipalities 6. The operation of tricyclesLTFRB to cities and municipalities 7. The establishment of cockpits and holding of cockfights- Philippine Gamefowl Commission to cities and municipalities Among the basic services facilities devolved to LGUs include: and
1. EffectivityJanuary 1, 1992
2. Scope of Application (Sec. 4, RA 7160) Applicable to: a. all provinces b. cities c. municipalities d. barangays e. and other political bodies as may be created by law, and f. to the extent provided in the LGC (i.e. devolution of powers): -officials -offices, or -agencies of the National Government 3. Rules of Interpretation (Sec. 5, RA 7160) a. Any provision on a local government unit shall be
1. Agricultural extension and onsite research of the Department of Agriculture; 2. Community-based forestry project of the DENR;
communications and make them more effective partners in the attainment of national goals. b. To ensure the accountability of local govt units through the institution of effective mechanisms of recall, initiative and referendum. c. To require all national agencies and offices to conduct periodic consultations with appropriate local govt units, nongovernmental and peoples organizations and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions. II. INTER-GOVERNMENTAL RELATIONS 1. National Government and Local Government Units a. The President shall exercise general supervision over LGUs. i. The President shall exercise supervisory authority directly over provinces, highly urbanized cities and independent component cities. ii. The President shall exercise supervision over component cities and municipalities, through province, and over barangays through city and municipality. (Sec. 25) The Presidents power of general supervision over LGUs includes the authority to investigate and impose disciplinary measures (suspension or removal) upon elective local officials.
Congress -creation, conversion of LGUs and alteration of its boundaries; -allocate powers, responsibiliti es and resources among LGUs; -provide for qualification s, election, appointment , removal, term, salaries and functions and duties of local officials; -provide other matters relating to the organization and operation of LGUs; -amendment of charters of LGUs.
-oversee whether LGUs are performing their duties in accordanc e with law; investigate and impose disciplinar y measures upon erring elective local governme nt officials
b. General responsibilities of the National Government towards LGUs: i. formulate policies and set standards and guidelines ii. provide funding support iii. augment basic services assigned to LGUs iv. provide technical and other forms of assistance and coordinate on the discharge of NGA functions v. ensure the participation of LGUs in planning and implementing national projects vi. conduct mandatory consultations with LGUs NOTE: No project shall be implemented by government authorities without consultation with the local government units and prior approval of the Sanggunian concerned. (Sec.27) The requirement of prior consultation applies only to national projects and/or programs which are to be implemented in a particular local community. Although sanctioned by the national government, the operation of lotto is neither a program nor project of the national government but of charitable institution, the Philippine Charity Sweepstakes Office. The projects and programs mentioned in Sec. 27 should be interpreted to mean projects and programs whose environmental and ecological effects are among those mentioned in Sec. 26 and 27 of the LGC (Lina vs. Pano, G.R. No. 129093, August 30, 2001). c. Extent of the LCEs authority over NGAs and their functionaries: The LCE can call upon any employee stationed or assigned in his locality to advise him on matters affecting the LGU as well as coordinate with said officials, plans, programs and projects. ii. The LCE can enlist the attendance of the national official stationed in the LGU on a meeting of elective and appointed officials of the LGU treating matters in the promotion of the general welfare of the residents. iii. The LCE can also initiate proper administrative or judicial action against national government official or employee who may have committed an offense while stationed or assigned in the LGU. i.
Supervision distinguished:
c. Special Local Bodies where the private sector may participate in local governance: c. The governor shall review all executive orders promulgated by the mayor. The mayor shall review orders promulgated by the punong barangay. The Sangguniang Panlalawigan of a province reviews all ordinances enacted by the Sangguniang Panlungsod of component cities and Sangguniang Bayan of municipalities under their jurisdiction. In turn, the Sangguniang Panlungsod and Sangguniang Bayan review all ordinances passed by the Sannguniang Barangay under the jurisdiction. Likewise, the Sangguniang Panlalawigan of a province exercises the quasi-judicial function (administrative disciplinary authority) of hearing and deciding administrative cases involving elective municipal and component city officials under their jurisdiction. In turn, the Sangguniang Panlungsod and Sangguniang Bayan exercise disciplinary authority over elective barangay officials within their jurisdiction. 3. Relations with Peoples Organizations and Non-Government Organizations a. Private Sector Participation in Local Governance Purpose: to ensure the viability of local autonomy as an alternative strategy for sustainable development. LGUs shall encourage private-sector participation in the delivery of basic services. b. Role of POs, NGOs in the LGUs: LGUs shall promote the establishment and operation of peoples and nongovernmental organizations as active partners. LGUs may enter into joint venture and cooperative undertakings with peoples and non-governmental organizations particularly in the following: 1. delivery of certain basic services 2. capability building and livelihood projects; and 3. developing local enterprises designed to improve productivity and income, diversifies agriculture, spur rural industrialization, and enhance the economic and social well-being of the people. 1. Local Development Council -a duly constituted body which shall assist the corresponding Sanggunian in setting the direction of economic and social development, and coordinating development efforts in its territorial jurisdiction. 2. Prequalification, Bids and Awards Committee (PBAC) responsible for the conduct of prequalification of contractors, bidding, evaluation of bids, and the recommendation of awards concerning local infrastructure projects. governor or the city or municipality mayor: Chairman
4. Local School Board The DECS shall consult the Board on the appointment of division superintendents, district supervisors, school principals, and other school officials. 5. Local Health Board 6. Peoples Law Enforcement Board (PLEB) III. CREATION, CONVERSION, DIVISION, MERGER AND CONSOLIDATION, AND ABOLITION OF LGUs A. Creation of LGUs: A local government unit may be created, divided, merged, abolished, or its boundaries substantially altered by law enacted by Congress in the case of a province, city, municipality, or other political subdivisions, or by Sanggunian Panlalawigan or Sanggunian Panlungsod ordinance in the case of a barangay. (Sec.6) NOTE: nature of LEGISLATIVE the power to create:
1. While the power to create barangays has been delegated to Sanggunian Panlalawigan
income
3. Land Areano minimum requirement, but it must be contiguous but it need not be contiguous if the barangay is comprised with two or more islands. NOTE: The creation of the new barangay shall not however reduce the population of the original barangay to less than the minimum requirement prescribed in the Code. (Sec.386, LGC) 2. Creation of Municipalities a. Role: serves primarily as a general purpose government for the coordination and delivery of basic, regular and direct services and effective governance of the inhabitants within its territorial jurisdiction. b. Who creates: may be created, divided, merged, abolished or its boundary substantially altered only by an act of Congress subject to the criteria established by the Code. c. Substantive Requisites: 1. Population- at least 25,000 inhabitants 2. Income- average annual income of at least P2.5 million for the last two consecutive years based on the 1991 constant prices. 3. Land Area- a contiguous territory of 50 square kilometers. 3. Creation of Component Cities a. Role- serves primarily as a general purpose government for the coordination and delivery of basic, regular and direct services and effective governance of the inhabitants within its territorial jurisdiction. b. Who creates- may be created, divided, merged or abolished, or its boundary substantially altered only by an act of Congress subject to the criteria provided in the Code. c. Substantive Requisites: 1. Population- at least 150,000 inhabitants 2. Income- at least P100 million for the last two consecutive years 3. Land Area- contiguous territory of at least 100 square kilometers NOTE: The Internal Revenue Allotments shall be included in the computation of the average annual income of the municipality for purposes of determining whether the
original province directly affected. (Sec.462, LGC) 7. Autonomous Regions The Philippine Constitution mandates the creation of 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, and economic and social cultures. (Sec.15, Art.10, PC) NOTE: RA 6734, the organic act establishing the Autonomous Regional Government of Muslim Mindanao was held valid by the Supreme Court. (Datu Firdausi Abbas vs. COMELEC, 179 SCRA 287). However, the sole Province of Ifugao which, in the plebiscite, alone voted in favor of RA 6766, cannot validly constitute the Autonomous Region of the Cordilleras. (Ordillo vs. COMELEC, 192 SCRA 100) 8. Special Metropolitan Political Subdivisions The Congress may, by law, create special metropolitan political subdivisions, but the component cities and municipalities shall retain their basic autonomy and shall be entitled to their own local executives and legislative assemblies. The jurisdiction of the metropolitan authority that will be thereby created shall be limited to basic services requiring coordination. (Sec. 11, Art. X, PC) NOTE: With the passage of RA 7924, Metropolitan Manila was declared as a special development and administrative region and the administration of metrowide basic services affecting the region was placed under a development authority referred to as the Metropolitan Manila Development Authority (MMDA), whose functions were without prejudice to the autonomy of the affected local government units. The law does not grant police nor legislative powers to MMDA. Even the Metro Manila Council, the governing board of the MMDA, has not been delegated any legislative power. Clearly, MMDA is not a political unit. There is no grant of authority to enact ordinances and regulations for the general welfare of the inhabitants of the metropolis. MMDA cannot open for public use a private road in a private subdivision (MMDA vs. Bel-Air Village Association, Inc., G.R. No. 135962, March 27, 2000). 9. Attack against invalidity of incorporation No collateral attack shall lie; an inquiry into the legal existence of a municipal corporation is reserved to the State in a proceeding for quo warranto or
qualification of its chief executive and a majority members of the Sanggunian, unless some other date is fixed therefore by law or ordinance creating it. (Sec.14, LGC) 12. Division and Merger of LGUs The division and merger of local government units shall comply with the same requirements for their creation. The income, population or land area shall not be reduced to less than the minimum requirements. Likewise, the income classification of the original local government unit shall not fall below its current income classification prior to such division. (Sec.8, LGC) 13. Abolition of LGUs 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 the LGC, as certified by the national agencies to Congress or to the Sanggunian concerned. Likewise, the law or, ordinance abolishing an LGU shall specify the province, city, municipality, or barangay with which the local government unit sought to be abolished will be incorporated or merged. (Sec.9, LGC) 14. Effects of Annexation/Consolidation of Municipal Corporations 1. On the legal existence of the territory annexedUnless otherwise provided for by law, the annexation of one municipal corporation to another will dissolve the annexed territory. It shall become part of the annexing corporation and will fall under the jurisdiction of the latter. 2. On the laws and ordinances of the annexed corporation- In the absence of any provision of law to the contrary, when a territory is annexed to a municipal corporation, it shall become subject to all the laws and ordinances by which the annexing corporation is governed. 3. On the right of officers or employees of the annexed or consolidated territory to continue to hold their offices- Subject to what the legislature may provide upon annexation, the officers and employees of the annexed or consolidated territory shall terminate their official relation with their offices. 4. On the title to the property of the annexed territoryWhen a municipal corporation is annexed to another, the annexing territory shall acquire title to the
Barangay
11. Beginning of Corporate Existence When a new local government unit is created, its corporate existence shall commence upon the election and
d. Doctrine of the right of selfgovernment, but applies only in States which adhere to the doctrine. 2. Classifications: a. Express, implied and inherent b. Public or governmental, private or proprietary c. Intramural or extramural d. Mandatory and directory, ministerial and discretionary 3. Execution of powers: a. Where the statute prescribes the manner of exercise, the procedure must be followed. b. Where the statute is silent, local government units have discretion to select reasonable means and methods of exercise. B. GOVERNMENTAL POWERS: 1. General Welfare Clause- the statutory grant of police power to local government units. Limitations: a. Express grant by law b. Exercisable only within the territorial limits of the LGU, except for protection of water supply c. Equal protection clause d. Due process clause e. Must not be contrary to the Constitution and the laws. NOTE: A local government unit may exercise delegated governmental powers: Police power (under the General Welfare Clause) Power of Taxation Power of Eminent Domain a. Requisites for the validity of a municipal ordinance: 1. Must not contravene the Constitution and any statute; 2. Must not be unfair or oppressive; 3. Must not be partial or discriminatory; 4. Must not prohibit, but may regulate trade which is not illegal per se; 5. Must not be unreasonable; and 6. Must be general in application and consistent with public policy. An ordinance extending burial assistance of P500 to a bereaved family whose gross income does not exceed P2,000 a month, has been upheld by the Supreme Court as a valid exercise of police power. This power is organic and flexible. 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 common good. The police power of a municipal corporation is broad and commensurate with the duty to provide for the real needs of the people in their health,
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concerned through an ordinance has the power to impose a tax, fee or charge. The procedural requirements of public hearing and publication must be observed for purposes of compliance with the requirements of due process. C. Fundamental Principles on Local taxation 1. Taxation shall be uniform in each local government unit; 2. Taxes, fees, charges and other impositions shall: a. be equitable and based as far as practicable on the taxpayers ability to pay; b. be levied and collected only for public purposes; c. not be unjust, excessive, oppressive or confiscatory; d. not be contrary to law, public policy, national economic policy, or in restraint of trade. 3. The collection of taxes, fees, charges and other impositions shall in no case be let to any private persons; 4. The revenue collected pursuant to the provisions of the LGC shall inure solely to the benefit of, and be subject to disposition by, the local government unit levying the tax, fee, charge or other imposition unless otherwise specifically provided herein; and 5. Each local government unit shall, as far as practicable, evolve a progressive system of taxation. NOTES: Shares of LGUs in the proceeds of national taxes The share of the LGU in Internal Revenue Taxes is 40%. The 40% IRA is allocated to LGUs as follows: for provinces and cities- 23%; for municipalities- 34%; for barangays- 20%. No less than 20% of the IRA is allotted for development project by the local unit from the IRA. Shares in National Wealth 40% of the gross collection from mining taxes, royalties, forestry and fishery charges, and from each share in any joint effort in utilizing and developing the national wealth within the LGUs jurisdiction and shall be remitted without need for further action to the local treasurer on a quarterly basis within five days after the end of every quarter. LGUs shall receive 1% of the gross sale or receipts of the preceding calendar year and 40% of taxes, fees or charges that GOCCs would have paid if not tax exempt, whichever is higher. How National Wealth is Distributed If the national wealth is located in one province, the province shall receive
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the financial affairs, transactions, and operations of the local government units. 13. The local government unit shall endeavor to have a balanced budget in each fiscal year of operation. 4. Eminent Domain (19, LGC) The power to expropriate private property has been delegated by Congress to LGUs under 19, LGC. The exercise by LGUs of the power of eminent domain are subject to the usual constitutional limitations such as necessity, private property, taking, public use, just compensation and due process of law. The determination of whether there is genuine necessity for the exercise of the power of eminent domain is a justiciable question when exercised by the LGUs and generally a political question when exercised by Congress. NOTE: Private property already devoted to public use can still be a subject of expropriation by Congress but not by LGUs. The additional limitations on the exercise of the power of eminent domain by LGUs are, as follows: 1. Exercised only by the local chief executive, acting pursuant to a valid ordinance; 2. For public use or purpose or welfare, for the benefit of the poor and the landless; 3. Only after a valid and definite offer had been made to, and not accepted by, the owner; 4. An LGU shall file a complaint for expropriation on the strength of an ordinance and not a mere resolution passed by the Sanggunian. (Municipality of Paranaque vs. VM Realty Corp., 292 SCRA 676) The promulgation of the ordinance authorizing the local chief executive to exercise the power must be promulgated prior to the filing of the complaint for eminent domain with the proper court, and not after the court shall have determined the amount of just compensation to which the defendant is entitled. (Heirs of Suguitan vs. City of Mandaluyong, 328 SCRA 137) NOTE: An LGU may immediately take possession of the property upon filing of expropriation proceedings and deposit in court of 15% of the FMV of the property. 5. Other powers a. Reclassification of lands (20, RA 7160) A city or municipality may, through an ordinance passed after
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i. Component cities and municipalities, upon the recommendation of the sangguniang concerned; ii. Provincial roads, avenues, boulevards, thoroughfares and bridges; iii. Public vocational or technical schools and other post secondary and tertiary schools; iv. Provincial hospitals, health centers, and other health facilities; and v. Any other public place or building owned by the provincial government. 2. Highly Urbanized and Independent Component Cities- The sanggunians of HUCs and ICCs may change the name of the following within its territorial jurisdiction: i. City barangays, upon the recommendation of the sangguniang barangay concerned; ii. City roads, avenues, boulevards, thoroughfares, and bridges; iii. Public elementary, secondary and vocational or technical schools, community colleges and non-chartered colleges; iv. City hospitals, health centers and other health facilities; and v. Any other public place or building owned by the city government. 3. Component Cities and MunicipalitiesThe sanggunians of component cities and municipalities may change the name of the following within its territorial jurisdiction: i. City and municipal barangays, upon recommendation of the sangguniang barangay concerned; ii. City, municipal and barangay roads, avenues, boulevards, thoroughfares, and bridges; iii. City and municipal public elementary, secondary and vocational or technical schools, postsecondary and other tertiary schools; iv. City and municipal hospitals, health centers and other health facilities; and v. Any other public place or building owned by the municipal government. NOTES: None of the foregoing local government units, institutions, places, or buildings shall be named after a living person, nor may a change of name be made unless for a justifiable reason and, in any case, not oftener than once every ten years. The
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to the respective sanggunians of the parties.
Procedure: In the event the sanggunian fails to effect an amicable settlement within 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 60 days from the date of the certification referred to above. Within the time and manner prescribed by the Rules of Court, any party may elevate the decision of the sanggunian concerned, 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 case, the disputed area prior to the dispute shall be maintained and continued for all legal purposes. (119, LGC) e. Authority over police units (6, Art. XVI, Philippine Constitution) The State shall establish and maintain one police force, which shall be national in scope and civilian in character, to be administered and controlled by a National Police Commission. The authority of local executives over the police units in their jurisdiction shall be provided by law. 6. LOCAL LEGISLATIVE POWER A. Products of legislative action 1. Ordinance- prescribes a rule of conduct. 2. Resolution- of temporary character, or expresses sentiment. B. Requisites for validity: 1. Must not contravene the Constitution and 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 not be unreasonable 6. Must be general in application and consistent with public policy. Approval of ordinances: Ordinances passed by the sangguniang panlalawigan, sangguniang panlungsod or sangguniang bayan shall be approved: If the local chief executive approves the same, affixing his signature on each and every page thereof. If the local chief executive vetoes the same, and the veto is overridden by 2/3 vote of all the members of the sanggunian.
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6. A majority of all the members of the sanggunian shall constitute a quorum. (53) 7. An ordinance shall be approved by the local chief executive by affixing his signature in each and every page thereof. 8. The governor or mayor may veto any item in the following cases: a. Particular item or items in an appropriations ordinance b. Ordinance adopting a local development plan and public investment program c. Ordinance directing the payment of money or creating liability. (55) 9. The grounds for veto are: a. The ordinance is ultra vires b. Or that it is prejudicial to public welfare 10. The veto shall be communicated to the sanggunian within 15 days in the case of a province and 10 days in the case of a city or municipality; otherwise, the ordinance shall be deemed approved, as if he signed it. The sanggunian may override the veto by 2/3 of all its members. (54) 11. Ordinances enacted by the sangguniang barangay shall, upon approval by a majority of all its members, be signed by the Punong Barangay. The latter has no veto power. 12. Review a. The sangguniang panlalawigan shall review ordinances and resolution of cities and municipalities to determine if they are within their power. (56) Procedure: Within 3 days after approval, the secretary of the sangguniang panlungsod (in component cities) or sangguniang bayan shall forward to the sangguniang panlalawigan for review copies of approved ordinances and resolutions approving the local development plans and public investment programs formulated by the local development councils. The sangguniang panlalawigan shall review the same within 30 days; if it finds that the 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. If no action is taken within 30 days, the ordinance or resolution is presumed consistent with law, and therefore, valid. b. The sangguniang panlungsod or bayan shall review sangguniang
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or intangible property, in any manner allowed by law, e.g., sale, donation, etc. b. The local government unit may alienate only patrimonial property, upon proper authority. c. In the absence of proof that the property was acquired through corporate or private funds, the presumption is that it came from the State upon the creation of the municipality and, thus, is governmental or public property. (Salas vs. Jarencio, 48 SCRA 734; Rebuco vs. Villegas, 55 SCRA 656) d. Town plazas are properties of public dominion; they may be occupied temporarily, but only for the duration of an emergency (Espiritu vs. Municipal Council of Pozorrubio, Pangasinan, 102 Phil. 866). e. A public plaza is beyond the commerce of man, and cannot be the subject of lease or other contractual undertaking. And, even assuming the existence of a valid lease of the public plaza or part thereof, the municipal resolution effectively terminated the agreement, for it is settled that the police power cannot be surrendered or bargained away through the medium of a contract (Villanueva vs. Castaneda, 154 SCRA 142). 5. Power to enter into contracts a. Requisites of a valid municipal contracts i. The local government unit has the express, implied or inherent power to enter into the particular contract. ii. The contract is entered into by the proper department, board, committee, officer or agent. Unless otherwise provided by the Code, no contract may be entered into by the local chief executive on behalf of the local government unit without prior authorization by the sangguniang concerned. iii. The contract must comply with certain substantive requirements, i.e., when expenditure of public fund is to be made, there must be an actual appropriation and a certificate of availability of funds. iv. The contract must comply with the formal
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b. Doctrine
of Implied Municipal LiabilityA municipality may become obligated upon an implied contract to pay the reasonable value of the benefits accepted or appropriated by it as to which it has the general power to contract (Province of Cebu vs. IAC, 147 SCRA 447). The doctrine applies to all cases where money or property of a party is received under such circumstances that the general law, independent of an express contract, implies an obligation to do justice with respect to the same.
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b. Physicians may practice their profession even during office hours only on emergencies and without monetary compensation. 3. Prohibition against appointment (94, RA 7160) a. No elective or appointive local official shall be eligible for appointment or designation to any public office during his tenure. b. Unless otherwise allowed by law or by the primary function of his office, no elective or appointive local official shall hold any other office. c. Except for losing candidates in barangay elections, no candidate who lost in any election should be appointed to any office within one year after election. B. ELECTIVE LOCAL OFFICIALS 1. Qualifications: a. Common qualifications: i. Filipino Citizen ii. Registered voter of the local government unit, or of the district where he intends to be elected in the case of the members of the sanggunian. iii. Resident therein for at least one year immediately before the election iv. Ability to read and write Filipino or any other local dialect. b. Age i. Candidates in provinces and highly urbanized cities- at least 23 years old ii. Candidates for mayor and vice mayor of component cities and municipalities- at least 21 years old iii. Candidates for sanggunian members in component cities and municipalities- at least 18 years old iv. Barangay officials- at least 18 years old v. Sangguniang Kabataan- at least 15-21 years NOTES: Age- must be possessed on the day of the election. The LGC does not specify any particular date when the candidate must possess Filipino citizenzship. Philippine citizenship is required to ensure that no alien shall govern our people. An official begins to govern only upon his proclamation and on the day that his term begins. Since Frivaldo took his oath of allegiance on June 30, 1995, when his application for repatriation was granted by the Special committee on Naturalization created under PD 825, he was therefore qualified to be proclaimed. Besides, 39 of the LGC speaks of qualifications of elective officials, not of candidates (Frivaldo vs. COMELEC, 271 SCRA 767).
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following sectors: urban poor, indigenous cultural communities, disabled persons, or any other sector as may be determined by the sanggunian concerned within 90 days prior to the holding of the next local elections as may be provided by law. The Comelec shall promulgate the rules and regulations to effectively provide for the election of such sectoral representatives. 4. Date of Election Every three years on the second Monday of May, unless otherwise provided by law. 5. Term of Office Three years, starting from noon of June 30, 1992, or such date as may be provided by law, except that of elective barangay officials. No local elective official shall serve for more than three consecutive terms in the same position. The term of office of barangay officials and members of the sangguniang kabataan shall be for five years, which shall begin after the regular election of barangay officials on the second Monday of May, 1997. (R.A. 8524) The three-term limit on a local official is to be understood to refer to terms for which the official concerned was elected. Thus, a person who was elected Vice Mayor in 1988 and who, because of the death of the Mayor, became Mayor in 1989, may still be eligible to run for the position of Mayor in 1998, even if elected as such in 1992 and 1995 (Borja v. Comelec, G.R. No. 133495, Sept. 3, 1998). 6. Rules on Succession (44-46, RA 7160) A. Permanent vacancies: A permanent vacancy arises when an elective local official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from office, voluntarily resigns, or is permanently incapacitated to discharge the functions of his office. a. Governor and Mayor i. Vice Governor and Vice Mayor ii. Sanggunian members according to ranking b. Punong barangay i. Highest ranking sanggunian member ii. Second highest ranking sangguniang barangay member c. Ranking in the sanggunian shall be determined on the basis of the proportion of the votes obtained to the number of registered votes in each district. d. Ties will be resolved by drawing of lots. (44)
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to receive honoraria, allowances and other emoluments as may be provided by law or barangay, municipal or city ordinance, but in no case less than P1,000 per month for the punong barangay and P600 for the sangguniang barangay members. Elective local officials shall be entitled to the same leave privileges as those enjoyed by appointive local officials, including the cumulation and commutation thereof. 7. Recall- termination of official relationship of an elective official for loss of confidence prior to the expiration of his term through the will of the electorate. a. By whom exercised- by the registered voters of a local government unit to which the local elective official subject to such recall belongs. (69, R.A. 7160) b. Two modes of initiating recall: i. By a preparatory recall assembly ii. By the registered voters of the local government unit c. Preparatory recall assemblycomposed of the following: i. Provincial level: All mayors, vice mayors and sanggunian members of the municipalities and component cities. ii. City level: All punong barangay and sangguniang barangay members in the city. iii. Legislative district level: Where sangguniang panlalalwigan members are elected by district, all elective municipal officials in the district; and in cases where sangguniang panglungsod members are elected by district, all elective barangay officials in the district. iv. Municipal level: All punong barangay and sangguniang barangay members in the municipality. d. Procedure for initiating recall by preparatory recall assembly A majority of all the preparatory recall assembly members may convene in session in a public place and initiate a recall proceeding against any elective official in the local government unit concerned. Recall of provincial, city or municipal officials shall be validly initiated through a resolution adopted by a majority of all the members of the preparatory recall assembly concerned during its session called for that purpose. Case: It was held that notice to all the members of the Preparatory Recall Assembly is imperative; thus, where the resolution was adopted without giving notice to all the members of the PRA, the same is fatally flawed (Garcia vs.
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9. Resignation of elective local officials shall be deemed effective only upon acceptance by the following authorities: a. The President, in case of governors, vice governors, and mayors and vice mayors of highly urbanized cities and independent component cities; b. The governor, in case of municipal mayors and vice mayors, city mayors and vice mayors of component cities; c. Sanggunian concerned, in case of sangguniang members; and d. The city or municipal mayor, in case of barangay officials. Effectivity: c. Resignation takes effect acceptance. d. It is deemed accepted if not upon within 15 working days. e. Irrevocable resignation sanggunian members takes upon presentation before an session. (82, R.A. 7160) upon acted by effect open
10. Grievance Procedure (83, R.A. 7160)The local chief executive shall establish a procedure to inquire into, act upon, resolve or settle complaints and grievances presented by local government employees. 11. Discipline (60-68, R.A. 7160) a. Grounds for disciplinary action: An elective local official may be disciplined, suspended, or removed from office on any of the following grounds: i. Disloyalty to the Republic of the Philippines. ii. Culpable violation of the Constitution iii. Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty. iv. Commission of any offense involving moral turpitude or an offense punishable by at least prision mayor. v. Abuse of authority. vi. Unauthorized absence for 15 consecutive working days, except in the case of members of the sangguniang panlalawigan, panlungsod, bayan and barangay. vii. Application for, or acquisition of, foreign citizenship or residence or the status Elective barangay officials, shall be filed before the sangguiniang panlungsod or sangguniang bayan concerned, whose decision shall be final and executory. c. Notice of Hearing (62, R.A. 7160)- (a) Within 7 days after the administrative complaint is filed, the Office of the President or the sanggunian concerned as the case may be, shall require the respondent to submit his verified answer within 15 days from
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Executive Secretary to suspend him, inasmuch as the Secretary found that the evidence of guilt was strong and that continuance in office could influence the witnesses and pose a threat to the safety and integrity of the evidence against him (Joson vs. Torres, 290 SCRA 279). The authority to preventively suspend is exercised concurrently by the Ombudsman, pursuant to R.A. 6770; the same law authorizes a preventive suspension of six months (Hagad vs. Gozo-Dadole, G.R. no. 108072, Dec. 12, 1995). e. Suspended elective official when deemed reinstated Upon expiration of the preventive suspension, the respondent shall be deemed reinstated in office without prejudice to the continuation of the proceedings against him, which shall be terminated within 120 days from the time he was formally notified of the case against him. Any abuse of the exercise of the power of preventive suspension shall be penalized as abuse of authority. f. Salary of respondent pending suspension (64, R.A. 7160) The respondent official preventively suspended from office shall receive no salary or compensation during such suspension; but, upon subsequent exoneration and reinstatement, he shall be paid full salary or compensation including such emoluments accruing during such suspension. g. Rights of respondent (65, R.A. 7160) The respondent shall be accorded full opportunity to appear and defend himself in person or by counsel, to confront and cross-examine the witnesses against him, and to require the attendance of witnesses and the production of documentary evidence in his favor through compulsory process of subpoena or subpoena duces tecum. h. Form and notice of decision (66a, R.A. 7160) The investigation of the case shall be terminated within 90 days from the start thereof. Within 30 days after the end of the investigation, the Office of the President or the sanggunian concerned shall render a decision in writing stating clearly an distinctly the facts and the reasons for such decision. Copy of said decision shall immediately be furnished the respondent and all interested parties. Penalty The penalty of suspension imposed upon the respondent shall not exceed his i.
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shall be responsible for human resources and development in his unit and shall take all personnel actions in accordance with the Constitution, pertinent laws, including such policies, guidelines and standards as the Civil Service Commission may establish; Provided that the local chief executive may employ emergency or casual employees or laborers paid on a daily wage or piecework basis and hired through job orders for local projects authorized by the sanggunian concerned, without need of approval or attestation by the CSC as long as the said employment shall not exceed 6 months. Case: But the Provincial Governor is without authority to designate the petitioner as Assistant Provincial Treasurer for Administration, because under 471 of the Local Government Code, it is the Secretary of Finance who has the power to appoint Assistant Provincial Treasurers from a list of recommendees of the Provincial Governor (Dimaandal vs. Commission on Audit, 291 SCRA 322). 2. Officials common to all Municipalities, Cities and Provinces (469-490, R.A. 7160) a. Secretary to the Sanggunian b. Treasurer c. Assessor d. Accountant e. Budget Officer f. Planning and Development Coordinator g. Engineer h. Health Officer i. Civil Registrar j. Administrator k. Legal Officer l. Agriculturist m. Social Welfare and Development Officer n. Environment and Natural Resources Officer o. Architect p. Information Officer q. Cooperatives Officer r. Population Officer s. Veterinarian t. General Services Officer NOTE: In the barangay, the mandated appointive officials are the Barangay Secretary and the Barangay Treasurer, although other officials of the barangay may be appointed by the punong barangay. 3. Administrative discipline Investigation and adjudication of administrative complaints against appointive local officials and employees as well as their suspension and removal shall be in accordance with the civil service law and rules and other pertinent laws.
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proposing the adoption, enactment, repeal or amendment of an ordinance. If no favorable action is taken by the sanggunian concerned within 30 days from presentation, the proponents, through their duly authorized and registered representatives, may invoke their power of initiative, giving notice thereof to the sanggunian concerned. The proposition shall be numbered serially, starting from Roman numeral I. Two or more propositions may be submitted in an initiative. The Comelec or its designated representative shall extend assistance in the formulation of the proposition. Proponents shall have 90 days (in case of provinces and cities), 60 days (in case of municipalities) and 30 days (in case of barangays) from notice mentioned in (b) to collect the required number of signatures. The petition shall be signed before the election registrar or his designated representatives, and in the presence of a representative of the proponent and a representative of the sanggunian concerned in a public place in the local government unit. Upon the lapse of the period, the Comelec shall certify as to whether or not the required number of signatures has been obtained. Failure to obtain the required number of signatures defeats the proposition. If the required number is obtained, the Comelec shall set a date for the initiative
b.
c.
d.
e.
f.
g.
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thereafter by a vote of of all its members. In case of barangays, the period shall be 18 months after the approval thereof. B. Local referendum: 3. Defined- It is the legal process whereby the registered voters of the local government units may approve, amend or reject any ordinance enacted by the sanggunian. 4. The local referendum shall be held under the control and direction of the Comelec within 60 days (in case of provinces), 45 days (in case of municipalities) and 30 days (in case of barangays). The Comelec shall certify and proclaim the results of the said referendum.
h.
3. Limitations: a. On local initiative: i. The power of local initiative shall not be exercised more than once a year. ii. Initiative shall extend only to subjects or matters which are within the legal powers of the sanggunian to enact. iii. If at any time before the initiative is held, the sanggunian concerned adopts in toto the proposition presented and the local chief executive approves the same, the initiative shall be cancelled. However, those against such action may, if they so desire, apply for initiative in the manner herein provided. b. On the sanggunian: Any proposition or ordinance approved through an initiative and referendum shall not be repealed, modified or amended by the sanggunian within 6 months from the date of approval thereof, and may be amended, modified or repealed within 3 years
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ii. Meet regularly once a month to provide a forum for exchange of ideas among its members and the public of matters relevant to the amicable settlement of disputes, and to enable various conciliation panel members to share with one another their observations and experiences in effecting speedy resolution of disputes; and iii. Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. c. Pangkat ng Tagapagkasundo There shall be constituted for each dispute brought before the lupon a conciliation panel to be known as the pangkat ng tagapagkasundo, consisting of 3 members who shall be chosen by the parties to the dispute from the list of members of the lupon. Should the parties fail to agree on the pangkat membership, the same shall be determined by lots drawn by the lupon chairman. d. Subject matter of amicable settlement: The Lupon of each barangay shall have authority to bring together the parties actually residing in the same city or municipality for amicable settlement of all disputes except; i. Where one party is the government or any subdivision or instrumentality thereof; ii. Where one party is a public officer or employee, and the dispute relates to the performance of his official functions; iii. Offenses punishable by imprisonment exceeding one (1) year or a fine of P5,000.00. iv. Offenses where there is no private offended party; v. Where the dispute involves real properties located in different cities or municipalities unless the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon; vi. Disputes involving parties who actually reside in barangays of different cities or municipalities, except where
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securing, through proper and legal means, solutions thereto. Case: Where the Supreme Court held that Sec. 493, R.A. 7160, which empowers the Liga to create such other positions as may be deemed necessary, is valid, and does not constitute an irregular delegation of power (Viola vs. Alunan, G.R. No. 115844, August 15, 1997) 2. League of MunicipalitiesOrganized for the primary purpose of ventilating, articulating and crystallizing issues affecting municipal governments administration, and securing, through proper and legal means, solutions thereto.