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Preliminary notes The exam would be 100 points + 10pt bonus. He asks essay questions just for 5 points! Nevertheless, answer as comprehensively as you can to get the full points. He also said that he wont ask you to memorize, BUT you should know general concepts and issues. TOPICS most likely to be included: *national-local powers *qualifications for elections *disciplinary actions *CDMASAB (creation, division, merger, abolition and substantial alteration of boundaries) *corporate vs. governmental functions *General supervision powers who exercises supervision over who? *general welfare clause (police powers) questions *federalism: test limits of local governance *autonomy, decentralization and devolution *recall elections as effective check *term-limits CONSTI PROVS on LG: ARTICLE X Section 1: Territorial and Political Subdivisions (PCMBA): 1. provinces 2. cities 3. municipalities 4. barangays 5. autonomous regions *Pimentel: list exclusive! LGU Defined Basco v. PAGCOR: Local Government has been described as a political subdivision of a nation or state which is constituted by law and has substantial control of local affairs. In a unitary system of government, such as the government under the Philippine Constitution, local governments can only be an intra sovereign subdivision of one sovereign nation, it cannot be an imperium in imperio. Local government in such a system can only mean a measure of decentralization of the function of government. Section 2: territorial and political subdivisions enjoy LOCAL AUTONOMY Limbona v. Mangelin: decentralization of administration - when the central government delegates administrative powers to political subdivisions in order to broaden the base of government power and in the process to make local governments "more responsive and accountable Page 1 of 1
Municipalit y
Only by law
And (all 3)
Barangay
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Tan v. COMELEC: Territory reflected only territory with reference to mass of land area and excluded the waters over which the political unit exercised control. Section 8. Division and Merger. -same requirements as Creation and Conversion (INCOME, POPULATION, LAND AREA - IPL) -no reduction of IPL of LGUs concerned to less than min standards, and w/re: INCOME, not below what was standard before Section 9: ABOLITION of LGUs -there should be a law/ordinance -IPL irreversibly reduced to less than the minimum -the law/ordinance should include where the LGU would be incorporated/merged PIMENTEL: Congress retained power to create brgys in Metropolitan Manila so they can abolish it too. SECTION 10: Plebiscite Requirement -mandatory -approval of majority of the votes cast in a plebiscite called for the purpose in the political unit/units DIRECTLY AFFECTED -conducted by COMELEC w/n 120d from effectivity of law/ordinance (unless law/ordinance fix date) Tan v. COMELEC: in the creation of a new LGU, those to be included in such plebiscite would be the people living in the area of the proposed new province and those living in the parent province. Arguments that DIRECTLY AFFECTED means only those that would be included in the new LGU: Page 5 of 5
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Sec384: a. basic politic al unit b. prima ry planni ng and imple menti ng unit c. forum
Sec 440: general purpose government for coordination and delivery of basic, regular and direct services and effective governance of the inhabitants w/n its territorial jurisdiction See earlier table
Dynamic mechanism for development al processes and effective governance of LGUs w/n its territorial jurisdiction
Sec387: *punong barangay *7 sangguniang Barangay members *SK chair *brgy secretary *brgy
Section 443: *municipal mayor *municipal Vmayor *Sanggunian g Bayan members (MANDATOR Y APPOINTIVE
Section 454: *city mayor *vice mayor *Sanggunian g Panlungsod members (MANDATOR Y APPOINTIVE OFFICERS)
Section 463: *governor *vice gov *members of the Sangguniang Panlalawigan (MANDATOR Y APPOINTIVE OFFICERS)
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BARANGAY Sangguniang Kabataan 423: Creation and Election -Composition: 1. SK Chair (elected) 2.. 7 members 3. secretary 4. treasurer -QUALIFICATIONS: 15 to 18 (on the day of election) Cha Mendoza
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PEOPLE AND STRUCTURES IN THE LOCAL GOVERNMENT ELECTIVE OFFICIALS Qualifications and Election Section 39. Qualifications General Requirements (a) citizen of the Philippines (regardless if natural born or naturalized CO v ELECTORAL TRIBUNAL OF THE HOUSE) (b) registered voter in the LGU (if exec) or district (if Sanggunian) (c) resident therein for at least 1 yr immediately preceding the day of the election ABELLA V. COMELEC, SUPRA:difference between place of work vs. place of domicile: domicile (where the person ultimately wants to reside, intent to return) vs. place of work; residence = domicile` - IMPORTANT UNG ANIMUS REVERTENDI DUMPIT-MICHELENA V. BOADO: to successfully effect a change of domicile, there must be a clear and positive proof of concurrence of the ff: (1) an actual removal or an actual change of domicile; (2) a bona fide intention of abandoning the former place of residence and establishing a new one; (3) acts which correspond w/ the purpose. (d) able to read and write Filipino or any other local language or dialect (e) AGE REQUIREMENT: at least *23 y.o. on election day: GOV/VICE GOV/mem of Sangguniang Panlalawigan (PROVINCE) or MAYOR/Vmayor/member of Sangguniang Panglungsod (HUC) Cha Mendoza
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Panlungsod
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SECTION 53. Quorum MAJORITY of ALL mems elected and qualified If none: -presiding officer may declare a recesss -majority of mems may adjourn from day to day -majority of mems may compel immediate attendance if member absent w/o justifiable cause if wala pa rin: NO BIZ TRANSACTED, DECLARE SESSION ADJOURNED FOR LACK OF QUORUM Page 24 of 24
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