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PART 1: LOCAL GOVERNMENTS: CREATION, MERGER, ABOLITION AND POWERS 1987 Constitution ARTICLE X LOCAL GOVERNMENT GENERAL PROVISIONS 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 2. The territorial and political subdivisions shall enjoy local autonomy. Section 3. The Congress shall enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of the local units. Section 4. The President of the Philippines shall exercise general supervision over local governments. 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. Section 5. Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments. Local Government Code (RA 7160) CHAPTER II General Powers and Attributes of Local Government Units 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. 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. LGC Section 5: Rules of Interpretation 1. Powers liberally in favor of the LGU; doubts = in favor of devolution of powers 2. Tax ordinances/revenue measures strictly against the government; tax exemption strictly against the government 3. General welfare provisions liberally to give more power to LG 4. Rights and obligations from contracts original terms and conditions and right existing at the time 5. Gaps in the code, no law or jurisprudence customs and traditions of the place where the controversies take place LGC Section 2: Local Autonomy only to a certain extent One. Creation of Local Government Units TORRALBAL v MUNICIPALITY OF SIBAGAT: During that time (no LGC 1991), only requirement was the plebiscite ALL affected areas (including Agusan del Sur) participated in plebiscite NAVARRO CASES (3): Dinagat Island Famous family: Ecleos 3rd/Final Case: Dinagat Island is valid! The land area requirement does not apply to territories composed of more than 1 island pursuant to IRR of the LGC Maam: the decision was of course politically tainted, granted in favor of the Ecleos family. PROVINCE OF NORTH COTABATO v GRP
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BAI SEMA Cotabato City cannot be constitutive of a legislative district (population requirement of 250,000 not met) A city can create a barangay ARMM Regional Assembly can create a local government unit BUT it cannot create a legislative district Ridiculous to allow ARMM to create legislative district: autonomous region should not dictate the budget of the national government (salaries given by the national government) BAGABUYO Law for the additional legislative district in CDO Bagabuyo was questioning this because of lack of plebiscite Q: is CDO a highly urbanized city? Originally, CDO City only had 1 district; by the RA, it became 2 (from province of Misamis Oriental) NO NEED for PLEBISCITE for the creation of a legislative district; mere apportionment Creation of the District is constitutional Q: Province with already 1 legislative districts; was re-apportioned so that 2nd district with only 150,000 people was constituted. Is the 2nd district valid? 250,000 population required only for cities Province, regardless of the size of the population or the territory (Navarro cases), can have a legislative district LEAGUE OF CITIES v COMELEC Main complaint of LCP invalid exemption of the 16 cities from the income requirement of P100,000 (as opposed to P20,000 before the amendment of RA 9009) RA was not in effect when the 16 municipalities filed their bills to be cities LAST CASE: held cityhood laws valid!
TAN v COMELEC Why include 3 cities and 8 municipalities? Sugar mills! (before 1986, 70% was produced in Negros) Gov. in Negros Occidental Montelibano 1986: RVG Mayor of Cadiz Issues: 1) plebiscite; 2) territory COMELEC included water around the province all units affected o What about the remainder of Negros Occidental? Two. Presumption of constitutionality ALVAREZ v GUINGONA Petitioners assail the validity of Republic Act No. 7720, entitled, "An Act Converting the Municipality of Santiago, Isabela into an Independent Component City to be known as the City of Santiago" in two grounds: (1) The Act did not originate exclusively in the House of Representatives and (2) the Municipality of Santiago has not met the minimum average annual income. Pertinent Issue: Was the presumption of constitutionality rebutted? NO o It is a well-entrenched jurisprudential rule that on the side of every law lies the presumption of constitutionality. Consequently, for RA No. 7720 to be nullified, it must be shown that there is a clear and unequivocal breach of the Constitution, not merely a doubtful and equivocal one; in other words, the grounds for nullity must be clear and beyond reasonable doubt. Taking into consideration the justification of our stand on the immediately preceding ground raised by petitioners to challenge the constitutionality of RA No. 7720, the Court stands on the holding that petitioners have failed to overcome the presumption. The dismissal of this petition is, therefore, inevitable. Three. Governmental powers/functions MUNICIPALITY OF SAN FERNANDO v FIRME Collision between a passenger jeep, a sand and gravel truck and a dump truck of the municipality The test of liability of the municipality depends on whether or not the driver, acting in behalf of the municipality, is performing governmental or proprietary functions.
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DRILON v LIM WON Section 187 of the LGC is unconstitutional. YES Section 187 authorizes the Secretary of Justice to review only the constitutionality or legality of the tax ordinance and, if warranted, to revoke it on either or both of these grounds. When he alters or modifies or sets aside a tax ordinance, he is not also permitted to substitute his own judgment for the judgment of the local government that enacted the measure. Secretary Drilon did set aside the Manila Revenue Code, but he did not replace it with his own version of what the Code should be.. What he found only was that it was illegal. All he did in reviewing the said measure was determine if the petitioners were performing their functions in accordance with law, that is, with the prescribed procedure for the enactment of tax ordinances and the grant of powers to the city government under the Local Government Code. As we see it, that was an act not of control but of mere supervision. SOLGEN v METROPOLITAN MANILA AUTHORITY WON Ordinance 11 is justified on the basis of the General Welfare Clause embodied in the LGC. NO There is a valid delegation of legislative power to promulgate such measures, it appearing that the requisites of such delegation are present. These requisites are. 1) the completeness of the statute making the delegation; and 2) the presence of a sufficient standard. The measures in question are enactments of local governments acting only as agents of the national legislature. Necessarily, the acts of these agents must reflect and conform to the will of their principal. To test the validity of such acts in the specific case now before us, we apply the particular requisites of a valid ordinance as laid down by the accepted principles governing municipal corporations. According to Elliot, a municipal ordinance, to be valid: 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 not be unreasonable; and 6) must be general and consistent with public policy. GANZON v CA Mayor Ganzon of Iloilo City RTC: J. Sixto Guanzon o Issued prohibition against DILG Secretary S63 of the LGC: o 60 days; not to exceed 90 days within a single year on the same ground that was already provided and knoen Q: Can President remove Mayor? Q: What if grounds arose after the end of the 90 day suspension? MACTAN CEBU INTERNATIONAL AIRPORT AUTHORITY v MARCOS, ET AL WON the City of Cebu has the power to impose taxes on MCIAA? YES As a general rule, the power to tax is an incident of sovereignty and is unlimited in its range, acknowledging in its very nature no limits, so that security against its abuse is to be found only in the responsibility of the legislature which imposes the tax on the constituency who are to pay it. Since taxes are what we pay for civilized society, or are the lifeblood of the nation, the law frowns against exemptions from taxation and statutes granting tax exemptions are thus construed strictissimi juris against the taxpayers and liberally in favor of the taxing authority. A claim of
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PROVINCE OF NEGROS OCCIDENTAL v COAMMISSION ON AUDIT Mere general supervision Should be directly related to purpose Six. Decentralization, local autonomy LIMBONA v MANGELIN What is the extent of self-government given to the two autonomous governments of Region IX and XII? The autonomous governments of Mindanao were organized in Regions IX and XII by Presidential Decree No. 1618. Among other things, the Decree established "internal autonomy" in the two regions "[w]ithin the framework of the national sovereignty and territorial integrity of the Republic of the Philippines and its Constitution," "with legislative and executive machinery to exercise the powers and responsibilities"' specified therein. It requires the autonomous regional governments to "undertake all internal administrative matters for the respective regions," except to "act on matters which are within the jurisdiction and competence of the National Government," "which include, but are not limited to, the following: 1. National defense and security; 2. Foreign relations; 3. Foreign trade; 4. Currency, monetary affairs, foreign exchange, banking and quasi-banking, and external borrowing, 5. Disposition, exploration, development, exploitation or utilization of all natural resources; 6. Air and sea transport; 7. Postal matters and telecommunications; 8. Customs and quarantine; 9. Immigration and deportation; 10. Citizenship and naturalization; 11. National economic, social and educational planning; and 12. General auditing." In relation to the central government, it provides that "[t]he President shall have the power of general supervision and control over the Autonomous Regions. Now, autonomy is either decentralization of administration or decentralization of power. There is 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," and "ensure their fullest development as self-reliant communities and make them more effective partners in the pursuit of national development and social progress." At the same time, it relieves the central government of the burden of managing local affairs and enables it to concentrate on national concerns. The President exercises "general supervision" over them, but only to "ensure that local affairs are administered according to law." He has no control over their acts in the sense that he can substitute their judgments with his own. Decentralization of power, on the other hand, involves an abdication of political power in the favor of local governments units declared to be autonomous. In that case, the autonomous
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CORDILLERA BROAD COALITION v COA TAULE v SEC. SANTOS and GOV. VERCELES CITY GOVT OF QUEZON CITY v ERICTA 6% of private cemetery to be allocated as burial lots for paupers - invalid What is the difference of this ordinance with one mandating a portion of residential lots as public lands (for streets, roads, etc) Deprivation NOT regulation of private property AMPATUAN v PUNO Merely general supervision by the DILG; assuring that the procedure for succession (governor Vice Governor) was followed REPUBLIC v GONZALES Police power of the state to rescind contracts for public purpose or for a public interest The ownership of the lands were never questioned; owned by the Republic, National Government Proclamation by President Magsaysay, valid CONTRACTS WITH THE GOVERNMENT MAY BE RESCINDED IF THERE IS A VALID BASIS SUCH AS PUBLIC PURPOSE OR PUBLIC INTEREST VILLANUEVA CASTANEDA The public plaza is outside the commerce of man; may not be the object of a contract Every contract affecting public interest contains an implied reservation of the police power as a postulate of the existing legal order PATALINGHUG v CA State can at times infringe and sacrifice a right of a public citizen to promote public interest or good order and general welfare of society.
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8.2 Power of taxation: local taxes and real property tax 1987 Constitution: ARTICLE X LOCAL GOVERNMENT GENERAL PROVISIONS Section 5. Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments. Section 6. Local government units shall have a just share, as determined by law, in the national taxes which shall be automatically released to them. 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. BOOK II: LOCAL TAXATION AND FISCAL MATTERS TITLE I: LOCAL GOVERNMENT TAXATION CHAPTER I General Provisions
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6,000,000.00 or more at a rate not exceeding thirty-seven and a half percent (37%) of one percent (1%) (b) On wholesalers, distributors, or dealers in any article of commerce of whatever kind or nature in accordance with the following schedule: With gross sales or receipts for the preceding calendar Amount of Tax Per year in the amount of: Annum Less than 1,000.00 P 1,000.00 or more but less than 2,000.00 2,000.00 or more but less than 3,000.00 3,000.00 or more but less than 4,000.00 4,000.00 or more but less than 5,000.00 5,000.00 or more but less than 6,000.00 6,000.00 or more but less than 7,000.00 7,000.00 or more but less than 8,000.00 8,000.00 or more but less than 10,000.00 10,000.00 or more but less than 15,000.00 15,000.00 or more but less than 20,000.00 20,000.00 or more but less than 30,000.00 30,000.00 or more but less than 40,000.00 18.00 33.00 50.00 72.00 100.00 121.00 143.00 165.00 187.00 220.00 275.00 330.00 440.00
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2,000,000.00 or more at a rate not exceeding fifty percent (50%) of one percent (1%). (c) On exporters, and on manufacturers , millers, producers, wholesalers, distributors, dealers or retailers of essential commodities enumerated hereunder at a rate not exceeding one-half () of the rates prescribed under subsection (a), (b) and (d) of this Section: (1) Rice and corn; (2) Wheat or cassava flour, meat, dairy products, locally manufactured, processed or preserved food, sugar, salt and other agricultural, marine, and fresh water products, whether in their original state or not; (3) Cooking oil and cooking gas; (4) Laundry soap, detergents, and medicine; (5) Agricultural implements. equipment and post-harvest facilities, fertilizers, pesticides, insecticides, herbicides and other farm inputs; (6) Poultry feeds and other animal feeds; (7) School supplies; and (8) Cement. (d) On retailers. With gross sales or receipts for the preceding calendar year Rate of Tax Per in the amount of: Annum P400,000.00 or less more than P400,000.00 2% 1%
2,000,000.00 or more at a rate not exceeding fifty percent (50%) of one percent (1%) (f) On banks and other financial institutions, at a rate not exceeding fifty percent (50%) of one percent (1%) on the gross receipts of the preceding calendar year derived from interest, commissions and discounts from lending activities, income from financial leasing, dividends, rentals on property and profit from exchange or sale of property, insurance premium. (g) On peddlers engaged in the sale of any merchandise or article of commerce, at a rate not exceeding Fifty pesos (P50.00) per peddler annually. (h) On any business, not otherwise specified in the preceding paragraphs, which the sanggunian concerned may deem proper to tax: Provided, That on any business subject to the excise, value-added or percentage tax under the National Internal Revenue Code, as amended, the rate of tax shall not exceed two percent (2%) of gross sales or receipts of the preceding calendar year. The sanggunian concerned may prescribe a schedule of graduated tax rates but in no case to exceed the rates prescribed herein. Section 144. Rates of Tax within the Metropolitan Manila Area. - The municipalities within the Metropolitan Manila Area may levy taxes at rates which shall not exceed by fifty percent (50%) the maximum rates prescribed in the preceding Section.
Provided, however, That barangays shall have the exclusive power to levy taxes, as provided under Section 152 hereof, on gross sales or receipts of the preceding calendar year of Fifty thousand pesos (P50,000.00) or less, in the case of cities, and Thirty thousand pesos (P30,000.00) or less, in the case of municipalities. (e) On contractors and other independent contractors, in accordance with the following schedule: With gross sales or receipts for the preceding calendar Amount of Tax Per year in the amount of: Annum Less than 5,000.00 27.50
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Commercial/Industrial Fair Market Value Not Over Assessment Levels 30% 500,000.00 750,000.00 1,000,000.00 2,000,000.00 5,000,000.00 10,000,000.00 35% 40% 50% 60% 70% 75% 80%
10,000,000.00 Assessment Levels 0% Over Not Over 45% 500,000.00 750,000.00 1,000,000.00 2,000,000.00 70% (4) Timberland Fair Market Value
Assessment Levels
10% P300,000.00 20% P300,000.00 25% 500,000.00 30% 750,000.00 35% 5,000,000.00 40% 2,000,000.00 50% 60% (c) On Machineries Class Agricultural Residential Assessment Levels 40% 50% 80% 65% 60% 55% 50%
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Government-owned or controlled 10% corporations engaged in the supply and distribution of water and/or generation and transmission of electric power Section 219. General Revision of Assessment and Property Classification. - The provincial, city or municipal assessor shall undertake a general revision of real property assessments within two (2) years after the effectivity of this Code and every three (3) years thereafter. Section 220. Valuation of Real Property. - In cases where (a) real property is declared and listed for taxation purposes for the first time; (b) there is an ongoing general revision of property classification and assessment; or (c) a request is made by the person in whose name the property is declared, the provincial, city or municipal assessor or his duly authorized deputy shall, in accordance with the provisions of this Chapter, make a classification, appraisal and assessment or taxpayer's valuation thereon: Provided, however, That the assessment of real property shall not be increased oftener than once every three (3) years except in case of new improvements substantially increasing the value of said property or of any change in its actual use. Section 221. Date of Effectivity of Assessment or Reassessment. - All assessments or reassessments made after the first (1st) day of January of any year shall take effect on the first (1st) day of January of the succeeding year: Provided, however, That the reassessment of real property due to its partial or total destruction, or to a major change in its actual use, or to any great and sudden inflation or deflation of real property values, or to the gross illegality of the assessment when made or to any other abnormal cause, shall be made within ninety (90) days from the date any such cause or causes occurred, and shall take effect at the beginning of the quarter next following the reassessment. Section 222. Assessment of Property Subject to Back Taxes. - Real property declared for the first time shall be assessed for taxes for the period during which it would have been liable but in no case of more than ten (10) years prior to the date of initial assessment: Provided, however, That such taxes shall be computed on the basis of the applicable schedule of values in force during the corresponding period. If such taxes are paid on or before the end of the quarter following the date the notice of assessment was received by the owner or his representative, no interest for delinquency shall be imposed thereon; otherwise, such taxes shall be subject to an interest at the rate of two percent (2%) per month or a fraction thereof from the date of the receipt of the assessment until such taxes are fully paid. Section 223. Notification of New or Revised Assessment. - When real property is assessed for the first time or when an existing assessment is increased or decreased, the provincial, city or municipal assessor shall within thirty (30) days give written notice of such new or revised assessment to the person in whose name the property is declared. The notice may
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8.3Shares of LGUs in National Taxes 1987 Constitution: ARTICLE X Section 6. Local government units shall have a just share, as determined by law, in the national taxes which shall be automatically released to them. 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. LGC: TITLE III: SHARES OF LOCAL GOVERNMENT UNITS IN THE PROCEEDS OF NATIONAL TAXES CHAPTER I Allotment of Internal Revenue Section 284. Allotment of Internal Revenue Taxes. - Local government units shall have a share in the national internal revenue taxes based on the collection of the third fiscal year preceding the current fiscal year as follows: (a) On the first year of the effectivity of this Code, thirty percent (30%); (b) On the second year, thirty-five percent (35%); and (c) On the third year and thereafter, forty percent (40%). Provided, That in the event that the national government incurs an unmanageable public sector deficit, the President of the Philippines is hereby authorized, upon the recommendation of Secretary of Finance, Secretary of Interior and Local Government and Secretary of Budget and Management, and subject to consultation with the presiding officers of both Houses of Congress and the presidents of the "liga", to make the necessary adjustments in the internal revenue allotment of local government units but in no case shall the allotment be less than thirty percent (30%) of the collection of national internal revenue taxes of the third fiscal year preceding the current fiscal year: Provided, further, That in the first year of the effectivity of this Code, the local government units shall, in addition to the thirty percent (30%) internal revenue allotment which shall include the cost of devolved functions for essential public services, be entitled to receive the amount equivalent to the cost of devolved personal services. Section 285. Allocation to Local Government Units. - The share of local government units in the internal revenue allotment shall be collected in the following manner: (a) Provinces - Twenty-three percent (23%); (b) Cities - Twenty-three percent (23%); (c) Municipalities - Thirty-four percent (34%); and (d) Barangays - Twenty percent (20%) Provided, however, That the share of each province, city, and municipality shall be determined on the basis of the following formula: (a) Population - Fifty percent (50%); (b) Land Area - Twenty-five percent (25%); and (c) Equal sharing - Twenty-five percent (25%) Provided, further, That the share of each barangay with a population of not less than one hundred (100) inhabitants shall not be less than Eighty thousand (P80,000.00) per annum
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8.4 Abatement of Nuisance ESTATE OF FRANCISCO v CA (1991) QUONSET warehouse, storing products Summary abatement by Mayor for being a nuisance based on a zoning ordinance and upon lack or response from Mr. Francisco SC: LGUs do not have the power to declare a nuisance UNLESS it is a NUISANCE PER SE o Zoning Code not a basis to say that it was a nuisance per se A692 to A747 of Civil Code governs law on nuisance o By itself, the Quonset is NOT a NUISANCE by itself o Does not adversely affect the community or the people living in it Nuisance per accidence Depending on circumstances Nuisance per se LGU can result to abatement without judicial proceedings Removed/destroyed in the expense of the owner or person in charge No notice or hearing TECHNOLOGY DEVELOPERS, INC. v CA Not able to submit the required permits hazardous elements NUISANCE PER ACCIDENCE (legitimate business ONLY that it emits pollutants) How come city is allowed to abate it summarily? POLICE POWER o Not really ABSOLUTE abatement merely issued a cessation order; did not withdraw Mayors permit (none to begin with); order police to padlock the premises INJURIOUS EFFECTS to the inhabitants NOT restraint on trade LAGUNA LAKE DEVELOPMETN AUTHORITY v CA Prior to LGC, LLDA with authority LGC cannot repeal RA 4850 Q: who can order demolition of shantys of informal settlers? (jurisdiction) o LGU; limited juris as to LLDA Issue: Which agency of the Government - the LLDA or the towns and municipalities comprising the region - should exercise jurisdiction over the Laguna Lake and its environs insofar as the issuance of permits for fishery privileges is concerned? Held: LLDA Ratio: Section 4 (k) of RA 4850, the provisions of PD 813, and Section 2 of EO 927, specifically provide that the LLDA shall have exclusive jurisdiction to issue permits for the use or all surface water for any projects or activities in or affecting the said region, including navigation, construction, and operation of fishpens, fish enclosures, fish corrals and the like. On the other hand, RA 7160 has granted to the municipalities the exclusive authority to grant fishery privileges in municipal waters. The Sangguniang Bayan may grant fishery privileges to erect fish corrals, oyster, mussels or other aquatic beds or bangus fry area within a definite zone of the municipal waters.
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CITY OF CEBU v CA Alleged offer was made! If not Bill of Particulars, Motion to Dismiss FRANCIA v MUN. OF MEYCAUAYAN Before a local government unit may enter into the possession of the property sought to be expropriated, it must (1) file a complaint for expropriation sufficient in form and substance in the proper court and (2) deposit with the said court at least 15% of the property's fair market value based on its current tax declaration. The law does not make the determination of a public purpose a condition precedent to the issuance of a writ of possession. HEIRS OF ARDONA v REYES Public use v public purpose o USE As long as public in character o PURPOSE May be a public purpose even if not for public use If it EXCLUDES individuals/class/group NOT for public purpose Even if it is free Profit or non-profit is not determinant of public purpose In favor of Philippine Tourism Authority as long as it gives the Fair Market Value at the time of the TAKING FILSTREAM INTERNATIONAL INC. v CA Power of Executive Department with limitations o Comply with Constitution and other pertinent laws RA 7279: Urban Development Act o Sec. 9: Priority in acquisition Privately owned land are LAST HAGONOY MARKET VENDORS ASSOCIATION v MUNICIPALITY OF HAGONOY Sec. 187 of the LGC: appeal o Assailing the constitutionality of revenue method 30 days from effectivity The petition should be dismissed as the appeal of the petitioner with the Secretary of Justice is already time-barred. The applicable law is Section 187 of the 1991 Local Government Code. The law requires that an appeal of a tax ordinance or revenue measure should be made to the Secretary of Justice within thirty (30) days from effectivity of the ordinance and even during its pendency, the effectivity of the
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8.8 Corporate Powers LGC: 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 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. 8.9 Authority to negotiate and secure grants; receive donations; float bonds; build, operate and transfer LGC: 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. 8.10 Mayors power over the police; operational control; suspension ARTICLE II: Relations with the Philippine National Police Section 28. Powers of Local Chief Executives over the Units of the Philippine National Police. - The extent of operational supervision and control of local chief executives over the police force, fire protection unit, and jail management personnel assigned in their respective jurisdictions shall be governed by the provisions of Republic Act Numbered Sixty-nine
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CASE OF MAYOR ROBREDO (pending in the CA) Defense: o Implied election of citizenship because mother is Filipino o Mass naturalization by grandfather There was no proof of continued residence by father 2007 COMELEC Decision NOT resident o Grandfather was not proven to be a Robredo Assuming he was able to change his name, he did not reside continuously in the Philippines o Law requires ACTIVE election of citizenship JAPZON v COMELEC Ty was able to establish that he already had a residence in the Philippines o Paid community tax o Physically present for 9 out of the 12 months o voted Two. Disqualifications CAASI v CA DISQUALIFIED o had a green card was entitled to permanent residence and not citizenship o there was no intent to return to the US (as resident thereof) to be able to qualify, he must give up his green card MARQUEZ v COMELEC Rodriguez claims that Marquez is a fugitive from justice o 10 counts of insurance fraud in the US WON he may be elected as Governor of Quezon: o Definition of fugitive from justice Convicted But happened to escape conviction LGC: convicted of final judgment Jurisprudence: Fugitive o Includes those who escape from conviction Case was not resolved on its merits; the COMELEC merely dismissed RODRIGUEZ v COMELEC SC decided that Marquez was NOT a fugitive from justice o He should have fled from conviction, or after being charged, flees from prosecution o He must have had knowledge o NO knowledge in the CAB DELA TORRE v COMELEC Crime of FENCING o Knowingly buying or selling stolen items o Crime of moral turpitude o Needs final conviction
MAGNO v COMELEC Congressmen Ombudsman; Election Code Local Officials Local Government Code LINGATING v COMELEC NOT disqualified Administrative case has not attained finality FLORES v DRILON Dick Gordon Mayor when he appointed the CEO of SBMA o Unconstitutional! Three. Election cases involving local elective officials GALIDO v COMELEC
RIVERA v COMELEC
Four. Term of Office; the Three Term Limit Rule 1987 Constitution Article X Section 8. The term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years and no such official shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. BOLOS v COMELEC
DIZON v COMELEC
RIVERA v COMELEC (2007) This Court, through Mr. Justice Cancio C. Garcia, resolved the same issue in Ong v. Alegre with identical facts, thus: For the three-term limit for elective local government officials to apply, two conditions or requisites must concur, to wit: (1) that the official concerned has been elected for three (3) consecutive terms in the same local government post, and (2) that he has fully served three (3) consecutive terms. We hold that such assumption of office constitutes, for Francis, service for the full term, and should be counted as a full term served in contemplation of the three-term limit prescribed by the constitutional and statutory provisions, supra, barring local elective officials from being elected and serving for more than three consecutive terms for the same position. It is true that the RTC-Daet, Camarines Norte ruled in Election Protest Case No. 6850, that it was Francis opponent (Alegre) who won in the 1998 mayoralty race and, therefore, was the legally elected mayor of San Vicente. However, that disposition, it must be stressed, was without practical and legal use and value, having been promulgated after the term of the
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Ratio: In Labo v. Comelec, this Court has ruled that a second place candidate cannot be proclaimed as a substitute winner. As a consequence of petitioners ineligibility, a permanent vacancy in the contested office has occurred. This should now be filled by the vice-mayor in accordance with Section 44 of the Local Government Code. MONTEBON v COMELEC Issue: WON respondent's assumption of office as vice-mayor in January 2004 interrupted his 2001-2004 term as municipal councilor. Held: Yes
Ratio: In Lonzanida v. Commission on Elections the Court held that the two conditions for the application of the disqualification must concur: 1) that the official concerned has been elected for three consecutive terms in the same local government post; and 2) that he has fully served three consecutive terms. In Borja, Jr. v. Commission on Elections, the Court emphasized that the term limit for elective officials must be taken to refer to the right to be elected as well as the right to serve in the same elective position. Thus, for the disqualification to apply, it is not enough that the official has been elected three consecutive times; he must also have served three consecutive terms in the same position. While it is undisputed that respondent was elected municipal councilor for three consecutive terms, the issue lies on whether he is deemed to have fully served his second term in view of his assumption of office as vice-mayor of Tuburan on January 12, 2004. Succession in local government offices is by operation of law. Section 44 of Republic Act No. 7160, otherwise known as the Local Government Code, provides that if a permanent vacancy occurs in the office of the vice mayor, the highest ranking sanggunian member shall become vice mayor. In this case, a permanent vacancy occurred in the office of the vice mayor due to the retirement of Vice Mayor Mendoza. Respondent, being the highest ranking municipal councilor, succeeded him in accordance with law. It is clear therefore that his assumption of office as vice-mayor can in no way be considered a voluntary renunciation of his office as municipal councilor. In Lonzanida v. Commission on Elections, the Court explained the concept of voluntary renunciation as follows: The second sentence of the constitutional provision under scrutiny states, `Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which he was elected.' The clear intent of the framers of the constitution to bar any attempt to circumvent the three-term limit by a voluntary renunciation of office and at the same time respect the people's choice and grant their elected official full service of a term is evident in this provision. Voluntary renunciation of a term does not cancel the renounced term in the computation of the three
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Ratio: (Purpose of the three term rule) First, to prevent the establishment of political dynasties is not the only policy embodied in the constitutional provision in question. The other policy is that of enhancing the freedom of choice of the people. To consider, therefore, only stay in office regardless of how the official concerned came to that office whether by election or by succession by operation of law would be to disregard one of the purposes of the constitutional provision in question. Thus, a consideration of the historical background of Art. X, 8 of the Constitution reveals that the members of the Constitutional Commission were as much concerned with preserving the freedom of choice of the people as they were with preventing the monopolization of political power. Indeed, they rejected a proposal put forth by Commissioner Edmundo F. Garcia that after serving three consecutive terms or nine years there should be no further reelection for local and legislative officials. Instead, they adopted the alternative proposal of Commissioner Christian Monsod that such officials be simply barred from running for the same position in the succeeding election following the expiration of the third consecutive term. Monsod warned against prescreening candidates (from) whom the people will choose as a result of the proposed absolute disqualification, considering that the draft constitution provision recognizing peoples power. Two ideas thus emerge from a consideration of the proceedings of the Constitutional Commission. The first is the notion of service of term, derived from the concern about the accumulation of power as a result of a prolonged stay in office. The second is the idea of election, derived from the concern that the right of the people to choose those whom they wish to govern them be preserved. It is likewise noteworthy that, in discussing term limits, the drafters of the Constitution did so on the assumption that the officials concerned were serving by reason of reelection. Indeed, a fundamental tenet of representative democracy is that the people should be allowed to choose whom they please to govern them. To bar the election of a local official because he has already served three terms, although the first as a result of succession by operation of law rather than election, would therefore be to violate this principle. Second, not only historical examination but textual analysis as well supports the ruling of the COMELEC that Art. X, 8 contemplates service by local officials for three consecutive terms as a result of election. The first sentence speaks of the term of office of elective local officials and bars such official[s) from serving for more than three consecutive terms. The second sentence, in explaining when an elective local official may be deemed to have served his full term of office, states that voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. The term served must therefore be one for which (the official concerned) was elected. The purpose of this provision is to prevent a circumvention of the limitation on the number of terms an elective official may serve. Conversely, if he is not
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Ratio: The issue before us was already addressed in Borja, Jr. vs. COMELEC, 295 SCRA 157, 169 (1998), where we held, To recapitulate, the term limit for elective local officials must be taken to refer to the right to be elected as well as the right to serve in the same elective position. Consequently, it is not enough that an individual has served three consecutive terms in an elective local office, he must also have been elected to the same position for the same number of times before the disqualification can apply. This point can be made clearer by considering the following case or situation: Case No. 2. Suppose B is elected mayor and, during his first term, he is twice suspended for misconduct for a total of 1 year. If he is twice reelected after that, can he run for one more term in the next election? Yes, because he has served only two full terms successively. To consider C as eligible for reelection would be in accord with the understanding of the Constitutional Commission that while the people should be protected from the evils that a monopoly of political power may bring about, care should be taken that their freedom of choice is not unduly curtailed. Likewise, in the case of Lonzanida vs. COMELEC, 311 SCRA 602, 611 (1999), we said, This Court held that the two conditions for the application of the disqualification must concur: a) that the official concerned has been elected for three consecutive terms in the same local government post and 2) that he has fully served three consecutive terms. Accordingly, COMELECs ruling that private respondent was not elected for three (3) consecutive terms should be upheld. For nearly two years he was a private citizen. The continuity of his mayorship was disrupted by his defeat in the 1998 elections. Patently untenable is petitioners contention that COMELEC in allowing respondent Talaga, Jr. to run in the May 1998 election violates Article X, Section 8 of 1987 Constitution. To bolster his case, respondent adverts to the comment of Fr. Joaquin Bernas, a Constitutional Commission member, stating that in interpreting said provision that if one is elected representative to serve the unexpired term of another, that unexpired, no matter how short, will be considered one term for the purpose of computing the number of successive terms allowed. As pointed out by the COMELEC en banc, Fr. Bernas comment is pertinent only to members of the House of Representatives. Unlike local government officials, there is no recall election provided for members of Congress. Neither can respondents victory in the recall election be deemed a violation of Section 8, Article X of the Constitution as voluntary renunciation for clearly it is not. SOCRATES v COMELEC Issue: WON Hagedorn is qualified to run for mayor in the recall election Held: No
Ratio: The constitutional and statutory provisions have two parts. The first part provides that an elective local official cannot serve for more than three consecutive terms. The clear intent is that only consecutive terms count in determining the three-term limit rule. The second part states that voluntary renunciation of office for any length of time does not interrupt the continuity of service. The clear intent is that involuntary severance from office
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Ratio: It is evident from the wording of Article XVIII, Sections 2 and 5 of the 1987 Constitution that the term of synchronization is used synonymously as the phrase holding simultaneously since this is the precise intent in terminating their Office Tenure on the same day or occasion. This common termination date will synchronize future elections to once every three years. That the election for Senators, Members of the House of Representatives and the local officials (under Sec. 2, Art. XVIII) will have to be synchronized with the election for President
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TITLE V APPOINTED LOCAL OFFICIALS COMMON TO ALL MUNICIPALITIES, CITIES AND PROVINCES ARTICLE I: Secretary to the Sanggunian Section 469. Qualifications, Powers and Duties. (a) There shall be a secretary to the sanggunian who shall be a career official with the rank and salary equal to a head of department or office. (b) No person shall be appointed secretary to the sanggunian unless he is a citizen of the Philippines, a resident of the local government unit concerned, of good moral character, a holder of a college degree preferably in law, commerce or public administration from a recognized college or university, and a first grade civil service eligible or its equivalent. The appointment of a secretary to the sanggunian is mandatory for provincial, city and municipal governments. (c) The secretary to the sanggunian shall take charge of the office of the secretary to the sanggunian and shall: (1) Attend meetings of the sanggunian and keep a journal of its proceedings; (2) Keep the seal of the local government unit and affix the same with his signature to all ordinances, resolutions, and other official acts of the sanggunian and present the same to the presiding officer for his signature; (3) Forward to the governor or mayor, as the case may be, for approval, copies of ordinances enacted by the sanggunian and duly certified by the presiding officer, in the manner provided in Section 54 under Book I of this Code; (4) Forward to the sanggunian panlungsod or bayan concerned, in the case of the sangguniang barangay, and to the sangguniang panlalawigan concerned, in the case of the sangguniang panlungsod of component cities or sangguniang bayan, copies of duly approved ordinances, in the manner provided in Sections 56 and 57 under Book I of this Code; (5) Furnish, upon request of any interested party, certified copies of records of public character in his custody, upon payment to the treasurer of such fees as may be prescribed by ordinance; (6) Record in a book kept for the purpose, all ordinances and resolutions enacted or adopted by the sanggunian, with the dates of passage and publication thereof; (7) Keep his office and all non-confidential records therein open to the public during the usual business hours; (8) Translate into the dialect used by the majority of the inhabitants all ordinances and resolutions immediately after their approval, and cause the publication of the same together with the original version in the manner provided under this Code; and (9) Take custody of the local archives and, where applicable, the local library and annually account for the same; and (d) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance relative to his position.
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Appointee by outgoing Mayor, recall by current Mayor De Rama o Article 7, Section 8 of the Constitution cited Defense: Constitutional provision not applicable to local positions SC: NOT applicable locally, only applies to President or Acting President (midnight appointment) DISSENT: J. Mendoza o Should apply to all levels o Corona case: only appointed EXECUTIVE positions not elected
One. Leagues of Local Barangay Units and Elective Officials TITLE VI LEAGUES OF LOCAL GOVERNMENT UNITS AND ELECTIVE OFFICIALS CHAPTER I: Leagues of Local Government Units ARTICLE I: Liga ng Mga Barangay Section 491. Purpose of Organization. - There shall be an organization of all barangays to be known as the liga ng mga barangay for the primary purpose of determining the representation of the Liga in the sanggunians, and for ventilating, articulating and crystallizing issues affecting barangay government administration and securing, through proper and legal means, solutions thereto. Section 492. Representation, Chapters, National Liga. - Every barangay shall be represented in said liga by the punong barangay, or in his absence or incapacity, by a sanggunian member duly elected for the purpose among its members, who shall attend all meetings or deliberations called by the different chapters of the liga. The liga shall have chapters at the municipal, city, provincial and metropolitan political subdivision levels. The municipal and city chapters of the liga shall be composed of the barangay representatives of municipal and city barangays respectively. The duly elected presidents of component municipal and city chapters shall constitute the provincial chapter or the metropolitan political subdivision chapter. The duly elected presidents of highly-urbanized cities, provincial chapters, the Metropolitan Manila chapter and metropolitan political subdivision chapters shall constitute the National Liga ng mga Barangay. Section 493. Organization. - The liga at the municipal, city, provincial, metropolitan political subdivision, and national levels directly elect a president, a vice-president, and five (5) members of the board of directors. The board shall appoint its secretary and treasurer and create such other positions as it may deem necessary for the management of the chapter. A secretary-general shall be elected from among the members of the national liga and shall be charged with the overall operation of the liga on national level. The board shall coordinate the activities of the chapters of the liga. Section 494. Ex-Officio Membership in Sanggunians. - The duly elected presidents of the liga at the municipal, city and provincial levels, including the component cities and municipalities of Metropolitan Manila, shall serve as ex-officio members of the sangguniang bayan, sangguniang panlungsod, sangguniang panlalawigan, respectively. They shall serve as such only during their term of office as presidents of the liga chapters, which in no case shall be beyond the term of office of the sanggunian concerned. Section 495. Powers, Functions and Duties of the Liga. - The liga shall: (a) Give priority to programs designed for the total development of the barangays and in consonance with the policies, programs and projects of the national government;
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RECALL CHAPTER V: Recall Section 69. By Whom Exercised. - The power of recall for loss of confidence shall be exercised by the registered voters of a local government unit to which the local elective official subject to such recall belongs. Section 70. Initiation of the Recall Process. (a) Recall may be initiated by a preparatory recall assembly or by the registered voters of the local government unit to which the local elective official subject to such recall belongs. (b) There shall be a preparatory recall assembly in every province, city, district, and municipality which shall be composed of the following: (1) Provincial level. - All mayors, vice-mayors, and sanggunian members of the municipalities and component cities; (2) City level. - All punong barangay and sanggunian barangay members in the city; (3) Legislative District level. - In case where sangguniang panlalawigan members are elected by district, all elective municipal officials in the district; and in cases where sangguniang panlungsod members are elected by district, all elective barangay officials in the district; and (4) Municipal level. - All punong barangay and sangguniang barangay members in the municipality. (c) A majority of all the preparatory recall assembly members may convene in session in a public place and initiate a recall proceedings 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 the purpose. (d) Recall of any elective provincial, city, municipal, or barangay official may also be validly initiated upon petition of at least twenty-five percent (25%) of the total number of registered voters in the local government unit concerned during the election in which the local official sought to be recalled was elected. (1) A written petition for recall duly signed before the election registrar or his representative, and in the presence of a representative of the petitioner and a representative of the official sought to be recalled and, and in a public place in the province, city, municipality, or barangay, as the case may be, shall be filed with the COMELEC through its office in the local government unit concerned. The COMELEC or its duly authorized representative shall cause the publication of the petition in a public and conspicuous place for a period of not less than ten (10) days nor more than twenty (20) days, for the purpose of verifying the authenticity and genuineness of the petition and the required percentage of voters. (2) Upon the lapse of the aforesaid period, the COMELEC or its duly authorized representative shall announce the acceptance of candidates to the position and thereafter prepare the list of candidates which shall include the name of the official sought to be recalled. Section 71. Election on Recall. - Upon the filing of a valid resolution or petition for recall with the appropriate local office of the COMELEC, the Commission or its duly authorized representative shall set the date of the election on recall, which shall not be later than thirty
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Ratio: The failure to give notice to all members of the assembly, especially to the members known to be political allies of Garcia was admitted by both counsels of the respondents. They did not deny that only those inclined to agree with the resolution of recall
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Ratio: A reading of the legislative history of these recall provisions will reveal that the idea of empowering a preparatory recall assembly to initiate the recall from office of local elective officials, originated from the House of Representatives and not the Senate. The legislative records reveal there were two (2) principal reasons why this alternative mode of initiating the recall process thru an assembly was adopted, viz: (a) to diminish the difficulty of initiating recall thru the direct action of the people; and (b) to cut down on its expenses. Our lawmakers took note of the undesirable fact that the mechanism initiating recall by direct action of the electorate was utilized only once in the City of Angeles, Pampanga, but even this lone attempt to recall the city mayor failed. Former Congressman Wilfredo Cainglet explained that this initiatory process by direct action of the people was too cumbersome, too expensive and almost impossible to implement. Consequently, our legislators added in the a second mode of initiating the recall of local officials thru a preparatory recall assembly. They brushed aside the argument that this second mode may cause instability in the local government units due to its imagined ease. Petitioners cannot point to any specific provision of the Constitution that will sustain this submission. To be sure, there is nothing in the Constitution that will remotely suggest that the people have the "sole and exclusive right to decide on whether to initiate a recall proceeding." The Constitution did not provide for any mode, let alone a single mode, of initiating recall elections. Neither did it prohibit the adoption of multiple modes of initiating recall elections. The mandate given by section 3 of Article X of the Constitution is for Congress to "enact a local government code which shall provide for a more responsive and accountable local government structure through a system of decentralization with effective mechanisms of recall, initiative, and referendum . . ." By this constitutional mandate, Congress was clearly given the power to choose the effective mechanisms of recall as its discernment dictates. The power given was to select which among the means and methods of initiating recall elections are effective to carry out the judgment of the electorate. Congress was not straightjacketed to one particular mechanism of initiating recall elections. What the Constitution simply required is that the mechanisms of recall, whether one or many, to be chosen by Congress should be effective. Using its constitutionally granted discretion, Congress deemed it wise to enact an alternative mode of initiating recall elections to supplement the former mode of initiation by direct action of the people. Congress has made its choice as called for by the Constitution and it is not the prerogative of this Court to supplant this judgment. The choice may be erroneous but even then, the remedy against a bad law is to seek its amendment or repeal by
Ratio: Petitioners' argument does not really assail the law but its possible abuse by the members of the PRAC while exercising their right to initiate recall proceedings. More specifically, the fear is expressed that the members of the PRAC may inject political color in their decision as they may initiate recall proceedings only against their political opponents especially those belonging to the minority. A careful reading of the law, however, will ineluctably show that it does not give an asymmetrical treatment to locally elected officials belonging to the political minority. First to be considered is the politically neutral composition of the preparatory recall assembly, all mayors, vice-mayors and sangguniang members of the municipalities and component cities are made members of the preparatory recall assembly at the provincial level. Its membership is not apportioned to political parties. No significance is given to the political affiliation of its members. Secondly, the preparatory recall assembly, at the provincial level includes all the elected officials in the province concerned. Considering their number, the greater probability is that no one political party can control its majority. Thirdly, sec. 69 of the Code provides that the only ground to recall a locally elected public official is loss of confidence of the people. The members of the PRAC are in the PRAC not in representation of their political parties but as representatives of the people. By necessary implication, loss of confidence cannot be premised on mere differences in political party affiliation. Indeed, our Constitution encourages multi-party system for the existence of opposition parties is indispensable to the growth and nurture of democratic system. Clearly then, the law as crafted cannot be faulted for discriminating against local officials belonging to the minority.
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HUMAN RESOURCES AND DEVELOPMENT TITLE III.: HUMAN RESOURCES AND DEVELOPMENT Section 76. Organizational Structure and Staffing Pattern. - Every local government unit shall design and implement its own organizational structure and staffing pattern taking into consideration its service requirements and financial capability, subject to the minimum standards and guidelines prescribed by the Civil Service Commission. Section 77. Responsibility for Human Resources and Development. - The chief executive of every local government unit shall be responsible for human resources and development in his unit and shall take all personnel actions in accordance with the Constitutional provisions on civil service, pertinent laws, and rules and regulations thereon, 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 Civil Service Commission: Provided, further, That the period of employment of emergency or casual laborers as provided in this Section shall not exceed six (6) months. The Joint Commission on Local Government Personnel Administration organized pursuant to Presidential Decree Numbered Eleven Hundred thirty-six (P.D. No. 1136) is hereby abolished and its personnel, records, equipment and other assets transferred to the appropriate office in the Civil Service Commission. Section 78. Civil Service Law, Rules and Regulations, and Other Related Issuances. - All matters pertinent to human resources and development in local government units shall be governed by the civil service law and such rules and regulations and other issuances promulgated pursuant thereto, unless otherwise specified in this Code. Section 79. Limitation to Appointments. - No person shall be appointed in the career service of the local government if he is related within the fourth civil degree of consanguinity or affinity to the appointing or recommending authority. Section 80. Public Notice of Vacancy; Personnel Selection Board. (a) Whenever a local executive decides to fill a vacant career position, there shall be posted notices of the vacancy in at least three (3) conspicuous public places in the local government unit concerned for a period of not less than fifteen (15) days. (b) There shall be established in every province, city or municipality a personnel selection board to assist the local chief executive in the judicious and objective selection or personnel for employment as well as for promotion, and in the formulation of such policies as would contribute to employee welfare. (c) The personnel selection board shall be headed by the local chief executive, and its members shall be determined by resolution of the sanggunian concerned. A representative of the Civil Service Commission, if any, and the personnel officer of the local government unit concerned shall be ex officio members of the board. Section 81. Compensation of Local Officials and Employees. - The compensation of local officials and personnel shall be determined by the sanggunian concerned: Provided, That the increase in compensation of elective local officials shall take effect only after the terms of office of those approving such increase shall have expired: Provided, further, That the increase in compensation of the appointive officials and employees shall take effect as provided in the ordinance authorizing such increase: Provided, however, That said increases shall not exceed the limitations on budgetary allocations for personal services provided under
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Ratio: Section 4 of AO 372 cannot, however, be upheld. A basic feature of local fiscal autonomy is the automatic release of the shares of LGUs in the national internal revenue. This is mandated by no less than the Constitution. The LGC specifies further that the release shall be made directly to the LGU concerned within 5 days after every quarter of the year and "shall not be subject to any lien or holdback that may be imposed by the national government for whatever purpose." As a rule, the term "shall" is a word of command that must be given a compulsory meaning. The provision is, therefore, imperative. Section 4 of AO 372, however, orders the withholding, effective January 1, 1998, of 10 percent of the LGUs' IRA "pending the assessment and evaluation by the Development Budget Coordinating Committee of the emerging fiscal situation" in the country. Such withholding clearly contravenes the Constitution and the law. Although temporary, it is equivalent to a holdback, which means "something held back or withheld, often temporarily." Hence, the "temporary" nature of the retention by the national government does not matter. Any retention is prohibited. In sum, while Section 1 of AO 372 may be upheld as an advisory effected in times of national crisis, Section 4 thereof has no color of validity at all. The latter provision effectively encroaches on the fiscal autonomy of local governments. Concededly, the President was well-intentioned in issuing his Order to withhold the LGUs IRA, but the rule of law requires that even the best intentions must be carried out within the parameters of the Constitution and the law. Verily, laudable purposes must be carried out by legal methods. NPC v CENTRAL BOARD OF ASSESSMENT APPEALS Exempt GOCC cannot pass exception to private sector Has their own charter possible that it is not wholly owned by the government LOCAL GOVERNMENT UNITS The Barangay ARTICLE II: Barangay Budgets Section 329. Barangay Funds. - Unless otherwise provided in this Title, all the income of the barangay from whatever source shall accrue to its general fund and shall, at the option of the barangay concerned, be kept as trust fund in the custody of the city or municipal treasurer or be deposited in a bank, preferably government-owned, situated in or nearest to its area of jurisdiction. Such funds shall be disbursed in accordance with the provisions of this Title. Ten percent (10%) of the general fund of the barangay shall be set aside for the sangguniang kabataan. Section 330. Submission of Detailed Statements of Income and Expenditures for the Barangay Budgets. - On or before the fifteenth (15th) day of September of each year, the barangay treasurer shall submit to the punong barangay a statement covering the estimates of income and expenditures for the ensuing fiscal year, based on a certified statement issued
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Ratio: Section 6 of P.D. 1508 reads as follows: SECTION 6. Conciliation pre-condition to filing of complaint. No complaint, petition, action for proceeding involving any matter within the authority of the Lupon as provided in Section 2 hereof shall be filed or instituted in court or any other government office for adjudication unless there has been a confrontation of the parties before the Lupon Chairman or the Pangkat and no conciliation or settlement has been reached as certified by the Lupon Secretary or the Pangkat Secretary attested by the Lupon or Pangkat Chairman, or unless the settlement has been repudiated. However, the parties may go directly to court in the following cases: [1] Where the accused is under detention; [2] Where a person has otherwise been deprived of personal liberty calling for habeas corpus proceedings; [3] Actions coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property and support pendente lite; and [4] Where the action may otherwise be barred by the Statute of Limitations
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Ratio: The records reveal that such Certification was improperly and prematurely issued. In what appears to be a pre-printed standard form thereof, the x before the second enumerated statement clearly shows that no personal confrontation before a duly constituted Pangkat ng Tagapagkasundo took place. Respondents position that the Pangkat was not constituted, and that no face to face conciliation of the parties had taken place before it is substantiated by the Minutes submitted by complainant. Evidently, complainant failed to complete the barangay conciliation proceedings. We also note that the Complaint before the barangay was dated February 16, 1996. Records show that the hearing was scheduled for February 26, 1996 and was reset for February 29,
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The Province TITLE IV: THE PROVINCE CHAPTER I: Role and Creation of the Province Section 459. Role of the Province. - The province, composed of cluster of municipalities, or municipalities and component cities, and as a political and corporate unit of government, serves as dynamic mechanism for developmental processes and effective governance of local government units within its territorial jurisdiction. 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. Section 462. Existing Sub-Provinces. - Existing sub-provinces are hereby converted into regular provinces upon approval by a majority of the votes cast in a plebiscite to be held in the said subprovinces and the original provinces directly affected. The plebiscite shall be conducted by the COMELEC simultaneously with the national elections following the effectivity of this Code. The new legislative districts created as a result of such conversion shall continue to be represented in Congress by the duly-elected representatives of the original districts out of which said new provinces or districts were created until their own representatives shall have been elected in the next regular congressional elections and qualified. The incumbent elected officials of the said subprovinces converted into regular provinces shall continue to hold office until June 30, 1992. Any vacancy occurring in the offices occupied by said incumbent elected officials, or resulting from expiration of their terms of
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Ratio: Before a contract may be entered into validly by a municipality, the law requires that there should be an appropriation of municipal funds to meet the obligation validly passed by the municipal council and approved by the municipal mayor. In answer to the statement of the Solicitor General that there is no provision of law which authorizes a municipal mayor to enter into a contract with a private contractor for furnishing the municipality with public works materials, the petitioner cites sections 2165 and 2196 of the Revised Administrative Code. Section 2165 provides that "Municipalities .. are endowed with the faculties of municipal corporations to be exercised by and through their respective municipal governments in conformity with law." It shall be competent for them, in their proper corporate name, .. to contract and be contracted with, .." The power or authority conferred upon municipal corporations must be exercised in conformity with law, and the law provides that such contracts must be entered into by the district engineer. The petitioner contends, however, that section 1920 of the Revised Administrative Code must be read in connection with sections 1912 and 1913 of the same Code and concludes that section 1920 does not abrogate the general rule that a municipal council may designate an officer of the municipal corporation to execute such a contraction behalf of the municipality. Section 1912 refers to investigation and survey by the district engineer for a proposed construction or repair of public works and submission by him to the mayor to reports and estimates of the cost of such construction or repair with his recommendations, and to the preparation of plans and specifications for such public works and supervision of the construction or repair of the same. The provisions of sections 1912 and 1913 of the Revised Administrative Code do not refer to contracts entered into by the municipality for the supply of road construction materials. If the law requires that before a contract involving the expenditure of P2,000 or more may be entered into or authorized, the municipal treasurer must certify to the officer entering into such contracts that funds have been duly appropriated for such purpose and that the amount necessary to cover the proposed contract-is available for expenditure on account thereof; and that purported contract entered into contrary to the requirements just stated is wholly void, the
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Ratio: The challenged law never became operative and was superseded or repealed by a subsequent enactment. The ARMM Organic Acts are deemed a part of the regional autonomy scheme. While they are classified as statutes, the Organic Acts are more than ordinary statutes because they enjoy affirmation by a plebiscite. Hence, the provisions thereof cannot be amended by an ordinary statute, such as R.A. 8999 in this case. The amendatory law has to be submitted to a plebiscite. Although R.A. 9054 was enacted later, it reaffirmed the imperativeness of the plebiscite requirement. In fact, R.A. 9054 itself, being the second or later ARMM Organic Act, was subjected to and ratified in a plebiscite. ABBAS v COMELEC Issue: Whether certain provisions of RA 6734 conflict with the Tripoli Agreement. Held: We find it neither necessary nor determinative of the case to rule on the nature of the Tripoli Agreement and its binding effect on the Philippine Government whether under public international or internal Philippine law. In the first place, it is now the Constitution itself that provides for the creation of an autonomous region in Muslim Mindanao. The standard for any inquiry into the validity of R.A. No. 6734 would therefore be what is so provided in the Constitution. Thus, any conflict between the provisions of R.A. No. 6734 and the provisions of the Tripoli Agreement will not have the effect of enjoining the implementation of the Organic Act. Assuming for the sake of argument that the Tripoli Agreement is a binding treaty or international agreement, it would then constitute part of the law of the land. But as internal law it would not be superior to R.A. No. 6734, an enactment of the Congress of the
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Ratio: It must be clarified that the constitutional guarantee of local autonomy in the Constitution refers to the administrative autonomy of local government units or, cast in more technical language, the decentralization of government authority. Local autonomy is not unique to the 1987 Constitution, it being guaranteed also under the 1973 Constitution. And while there was no express guarantee under the 1935 Constitution, the Congress enacted the Local Autonomy Act (R.A. No. 2264) and the Decentralization Act (R.A. No. 5185), which ushered the irreversible march towards further enlargement of local autonomy in the country. On the other hand, the creation of autonomous regions in Muslim Mindanao and the Cordilleras, which is peculiar to the 1987 Constitution, contemplates the grant of political autonomy and not just administrative autonomy to these regions. Thus, the provision in the Constitution for an autonomous regional government with a basic structure consisting of an executive department and a legislative assembly and special courts with personal, family and property law jurisdiction in each of the autonomous regions. As we have said earlier, the CAR is a mere transitory coordinating agency that would prepare the stage for political autonomy for the Cordilleras. It fills in the resulting gap in the process of transforming a group of adjacent territorial and political subdivisions already enjoying local or administrative autonomy into an autonomous region vested with political autonomy. The Metropolitan Manila Development Authority and LGUs 1987 Constitution: 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. MMDA v BEL-AIR Metropolitan or Metro Manila is a body composed of several local government units i.e., twelve (12) cities and five (5) municipalities, namely, the cities of Caloocan, Manila, Mandaluyong, Makati, Pasay, Pasig, Quezon, Muntinlupa, Las Pinas, Marikina, Paranaque and Valenzuela, and the municipalities of Malabon, , Navotas, , Pateros, San Juan and Taguig. With the passage of RA 7924 in 1995, Metropolitan Manila was declared as a "special development and administrative region" and the Administration of "metrowide" basic services affecting the region placed under "a development authority" referred to as the MMDA. The implementation of the MMDAs plans, programs and projects is undertaken by the local government units, national government agencies, accredited peoples organizations, nongovernmental organizations, and the private sector as well as by the MMDA itself. For this purpose, the MMDA has the power to enter into contracts, memoranda of agreement and other cooperative arrangements with these bodies for the delivery of the required services within Metro Manila.
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Ratio: The sole province of Ifugao cannot validly constitute the Cordillera Autonomous Region. It is explicit in Article X, Section 15 of the 1987 Constitution that: "Sec 15. There shall be created autonomous regions in Muslim Mindanao and in the Cordillera 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 RP. The keywords provinces, cities, municipalities and geographical areas connote that "region" is to be made up of more than one constituent unit. The term "region" used in its ordinary sense means two or more provinces. This is supported by the fact that the thirteen (13) regions into which the Philippines is divided for administrative purposes are groupings of contiguous provinces. Ifugao is a province by itself. To become part of a region, it must join other provinces, cities, municipalities, and geographical areas. It joins other units because of their common and distinctive historical and cultural heritage, economic and social structures and other relevant characteristics. The Constitutional requirements are not present in this case. Aside from the 1987 Constitution, a reading of the provisions of RA 6766 strengthens the petitioner's position that the Region cannot be constituted from only one province. Article III, Sections 1 and 2 of the Statute provide that the Cordillera Autonomous Region is to be administered by the Cordillera government consisting of the Regional Government and local government units. From these sections, it can be gleaned that Congress never intended that a single province may constitute the autonomous region. Otherwise, we would be faced with the absurd situation of having two sets of officials, a set of provincial officials and another set
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PASAY CITY GOVERNMENT v CFI OF MANILA Corporation contracted for the construction of the city hall, a balance remained unpaid. o While suit was pending, there was a compromise agreement between the city and the corporation Mayor authorized to enter into such agreement When the corporation sought to enforce the agreement, the REVENUE of the City was garnished Contested by Pasay City, saying it should not be subject to attachment Garnishment VALID! Resolution by the City to have such effect. o GR: cannot be subject to garnishment, reserved for public use (i.e. employees salary, etc.) o E: when there is a valid publication, in this case there was a Resolution PENAL PROVISION AND REPEALING CLAUSE Penal Provisions LGC: Section 511. Posting and Publication of Ordinances with Penal Sanctions. (a) Ordinances with penal sanctions shall be posted at prominent places in the provincial capitol, city, municipal or barangay hall, as the case may be, for a minimum period of three (3) consecutive weeks. Such ordinances shall also be published in a newspaper of general circulation, where available, within the territorial jurisdiction of the local government unit concerned, except in the case of barangay ordinances. Unless otherwise provided therein, said ordinances shall take effect on the day following its publication, or at the end of the period of posting, whichever occurs later. (b) Any public officer or employee who violates an ordinance may be meted administrative disciplinary action, without prejudice to the filing of the appropriate civil or criminal action. (c) The secretary to the sanggunian concerned shall transmit official copies of such ordinances to the chief executive officer of the Office Gazette within seven (7) days following the approval of the said ordinance for publication purposes. The Official Gazette may publish ordinances with penal sanctions for archival and reference purposes.
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BARANGAY PROTECTION ORDER: 1. Who can file? a. Attach an affidavit stating why the victim cannot apply personally b. Up to 4th civil degree of consanguinity or affinity c. No need to notarize, just swear to in front of the PB (Kapitan) or Kagawad
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