PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
LGUs shall: In conformation with existing laws, continue to prepare their
SECTION 20. RECLASSIFICATION OF LANDS
A city municipality may:
• Authorize the reclassification of agricultural lands; and
• Provide the manner of their utilization or disposition in the following:
o When land ceases to be economically feasible and sound for
agricultural purposes as determined by the Department
Agriculture; or
o Where the land shall have substantially greater economic value for
residential, commercial, or industrial purposes, as determined by
the Sanggunian concerned.
Requisites:
• It must be through an ordinance passed by the Sanggunian.
• A public hearing must be conducted.
• Such public hearing must be for the purpose of the reclassification or
utilization.
Classification shall be limited at the time of the passage:
• 15% - Highly urbanized and independent component cities.
• 10% - Component cities and first to third class municipalities.
• 5% - Fourth to sixth class municipalities.
Agricultural lands distributed to agrarian reform beneficiaries pursuant to the
Comprehensive Agrarian Reform Law (CARL), shall not be affected by the
said reclassification and the conversion of such lands into other purposes
shall be governed by Section 65 of CARL.
A President may: Authorize a city or municipality to reclassify lands in
excess of the limits set.
Requisites:
• There must public interest.
• There is a recommendation from NEDA.
respective comprehensive land use plans enacted through zoning
ordinances which shall be the primary and dominant bases for the future of
land resource: Provided, that the requirements for food production, human
settlements, and industrial expansion shall be taken into consideration in the
preparation of such plans.
When is the approval by a national agency required?
of General rule: It is required for reclassification.
Exception: If such approval is withheld.
Failure to act on a proper and complete application for reclassification within
3 months from receipt of the same shall be deemed as approval thereof.
Nothing in Section 20 shall be construed as repealing, amending, or
modifying in any manner the provisions of CARL.
General rule: Agricultural lands, though classified, have to go through the
process of conversion.
Exception: Agricultural lands already reclassified before the effectivity of
CARL.
The requirement that agricultural lands must go through the process of
conversion despite having gone through reclassification, does not suffice.
Conversion Reclassification
The act of specifying how
The act of changing the current use
agricultural lands shall be utilized for
of a piece of agricultural land into
non-agricultural uses, subject to the
some other use, as approved by
requirement and procedure for land
DAR.
use conversion.
A mere reclassification of agricultural land does not automatically allow a
landowner to change its use and cause ejectment of tenants.
Land is not agricultural and is outside the ambit of CARP if:
• The land has been classified in town plans and zoning ordinances as
residential, commercial, or industrial; and
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• The town plan and zoning ordinance embodying the land classification Lands classified as highly restricted from conversion may be converted only
has been approved by the HLURB or its predecessor agency prior to 15 upon compliance with existing laws, rules, and regulations. An additional
June 1988. requirement of the social benefit cost analysis approved by DA shall also be
required before these lands may be approved for conversion:
Land Use – The manner of utilization of land, including its allocation, • Lands classified as highly restricted from conversion;
development and management. § Irrigable lands
§ Agro-industrial croplands
Land Use Conversion – The act or process of changing the current use of a § Highlands
piece of agricultural land into some other use as approved by DAR. • Lands issued a Notice of Acquisition or Valuation; and
• Areas identified as environmentally critical as determined by the DENR.
Doctrine of Primary Jurisdiction – Does not warrant a court to arrogate
unto itself authority to resolve a controversy, the jurisdiction over which is
initially lodged with an administrative body of special competence. SECTION 21. CLOSURE AND
OPENING OF ROADS
Executive Order 229 vested DAR with:
• Quasi-judicial powers to determine and adjudicate agrarian reform
A LGU may: Permanently or temporarily close or open any local road, alley,
matters; and
park, or square.
• Jurisdiction over all matters involving the implementation of agrarian
reform, except those falling under the exclusive original jurisdiction of
Why is closure needed?
DA and DENR.
It is for withdrawing the property, especially when it is no longer necessary
for public use or service.
All irrigated lands, irrigable lands already covered by irrigation projects shall
not be converted for a specific period of 5 years from the effectivity of R.A.
Requisites:
No. 8435.
• It must be pursuant to an ordinance.
o In case of a permanent closure, such ordinance must be approved
In case of conversion, the land owner will pay the Department of Agriculture
by at least 2/3 of all the Sanggunian members, when necessary,
the amount equivalent to the government’s investment cost including
an adequate substitute for the public facility that is subject to
inflation.
closure is provided.
• It must be falling within the jurisdiction of the LGU.
Effect of Administrative Order No. 363 – The following areas shall not be
subject to or non-negotiable for conversion and applications:
General rule: A property permanently withdrawn from public use may be
• Protected areas designated under NIPAS;
used or conveyed for any purpose.
• All irrigated lands as delineated by DA and/or the NIA; and
Exception: No such way or place or any part shall be permanently closed
• All irrigable lands already covered by irrigation projects with firm funding
without making provisions for the maintenance of public safety therein.
commitments.

No freedom park shall be closed permanently without provision for its

transfer or relocation to a new site.

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When may any national or local road, alley, park, or square may be
temporarily closed?
• Actual emergency;
• Fiesta celebrations;
• Public rallies;
• Agricultural or industrial fairs; or
• Undertaking of public works and highways, telecommunications, and
water works
Exception: It cannot be temporarily closed if an athletic, cultural, or civic
activity is not officially sponsored, recognized, or approved by the LGU
concerned.
Any city, municipality, or barangay may temporarily close for:
• Shopping malls;
• Sunday, flea, or night markets; or
• Shopping areas.
As long there is an ordinance allowing it, goods, merchandise, foodstuffs,
commodities, or articles of commerce may be sold and dispensed to the
general public.
A public property becomes a private property of the State upon a declaration
by the government. If one has reasonable access to the general system of
streets, one has no right to compensation.
To warrant recovery, property owner must show that he has suffered special
damage differing in kind and not merely in degree from those sustained by
the public generally.
• To have and use a corporate seal;
• To acquire and convey real or personal property;
• To enter into contracts; and
• To exercise such other powers as are granted to corporations, subject
to the limitations provided in this Code and other laws.
General rule: No contract may be entered into by the local chief executive in
behalf of the LGU.
Exception: Unless otherwise provided for.
Requisites:
• There must be a prior authorization from the Sanggunian concerned.
• There must be a legible copy of such contract.
• It must be posted at a conspicuous place in the provincial capitol or the
city, municipal or barangay hall.
LGUs shall enjoy full autonomy in the exercise of their propriety functions
and in the management of their economic enterprises, subject to the
limitations provided in this Code and other applicable laws.
Where can LGUs register or change their corporate seals? DILG.
NOT DTI and/or IPO because it is not a business or enterprise.
What is the chief purpose of a seal?
To identify and authenticate documents.
In the absence of a charter or other law, generally a seal is not essential to
the validity of an ordinary corporate contract.

Rule of Strict Construction – Charters are regarded as special grants of

power, and hence, whatever is not given expressly, or as a necessary
SECTION 22. CORPORATE POWERS means to the execution of expressly given powers, is withheld.

The powers of a municipal corporation must be exercised in a reasonable,

Corporate powers of a LGU:
lawful, and constitutional manner, even where there are no express
• To have continuous succession in its corporate name; limitations on the grant of power.
• To sue and be sued;

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Where the applicable law directs in precise or definite terms the manner in Municipal property – Exempt from execution, and frequently from other
which certain corporate acts are to be executed, and points out the ordinary judicial process, in the enforcement of a judgment against a
departments, officers, or agents who are to perform them, such specification municipal corporation.
must be substantially followed.
Power to compromise
The legislature has the power to determine what is a lawful municipal General rule: A municipal or other public corporation has the power to settle
purpose and a public purpose with respect to which a municipality may and compromise disputed claims in favor or against it, before or after suit
exercise powers. has begun, and any time before final judgment.
Exception: Unless it is forbidden by charter or an applicable general law.
Continuous succession – That continuous existence which enables a
corporation to manage its affairs, and hold property without the necessity of Power to submit to arbitration
perpetual conveyances, for the purpose of transmitting it. In the absence of special restrictions in the applicable law, a municipal
corporation possessing power to contract, to sue and be sued, has authority
Suability of the State – to settle disputed claims by arbitration to the same extent as the individual or
General rule: The State cannot be sued. private corporation.
Exception: Unless it gives its consent expressly and impliedly.
Public properties under Article 424 of the New Civil Code – Property for
A municipal corporation, acting in its private capacity, may sue and be sued public use, in the provinces, cities, and municipalities, consist of the
in the same manner as natural persons. The rules provide that service of provincial roads, city streets, municipal streets, the squares, fountains, public
summons on municipal corporations must be effected on its local chief waters, promenades, and public works for public service paid for by said
executive or on other officers as the law or the court may direct. provinces, cities, or municipalities. All other property possessed by any of
them is patrimonial and shall be governed by this Code, without prejudice to
Municipal corporations are artificial creatures of the State, and have no the provisions of special laws.
inherent right to sue the State. This lack of capacity to sue the State is a
necessary outgrowth of the separation of powers doctrine. Public service – Property which must be for free and indiscriminate use by
anyone.
How is implied consent given?
General rule: Implied consent to be sued is given where: PROPERTY OF THE GOVERNMENT HELD IN:
o The State commences litigation; and Public character Private character
o The State enters into a contract which is commercial in nature. Property held and devoted for Acquired or held for the special
Exception: When the Code itself expressly provides. Therefore, they may governmental purposes. It is for the benefit of the inhabitants of the
be sued even in the performance of governmental functions. use and benefit of the general public. municipality.
Generally, not subject to
The members of a municipal corporation are not personally liable for the Subject to the control of the
appropriation or complete control by
debts of the municipality and the residents of a city or town are not generally legislature, unless such control is
the State, except by the exercise of
liable for municipal debt. restricted by a special constitutional
eminent domain with payment of full
provision.
compensation.

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Selling or disposing of public property
General rule: A municipal corporation cannot sell or dispose of property
devoted to a public governmental use or purpose.
Exception: If there is a special statutory or charter authority allowing it.
Ownership through prescription
General rule: Ownership over public property of a municipal corporation
may not be acquired through prescription.
Exception: It may be acquired by prescription upon the same conditions as
the property of a private owner.
Property owner by LGUs in governmental capacity is public property which
Congress has absolute control over.
General rule: Local governments have no authority to control or regulate the
use of public properties.
Exception: If there is specific authority is vested upon them by Congress.
Patrimonial property of LGUs cannot be expropriated without due process
and just compensation.
Power to enter into contracts
The chief executive of a LGU may enter into contracts on behalf of the latter.
However, the chief must:
• Secure prior authorization from the local sanggunian;
• Have a legible copy;
• Such must be posted in a conspicuous place.
Rules relating to contracts generally apply. Thus, there must be an offer and
acceptance, an object certain, cause, mutuality, and conformity with all
requirements of the law of contracts.
The power to contract is an act of discretion and cannot be delegated.
The Code does not expressly provide for the form of authorization to contract
by the sanggunian, this may be done through vote upon motion or by
resolution. Generally, if it is done as a resolution, it must be enacted in the
same manner prescribed for an ordinance, except that it need not go through
PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
a third reading, unless decided otherwise by a majority of all sanggunian
members.
What happens if there is lack of authorization?
General rule: It shall be unenforceable.
Exception: If it is ratified by.
Legal basis: Article 1317 of the New Civil Code, which states: No one may
contract in the name of another without being authorized by the latter, or
unless he has by law a right to represent him. A contract entered into in the
name of another by one who has no authority or legal representation, or who
has acted beyond his powers, shall be unenforceable, unless it is ratified,
expressly or impliedly, by the person on whose behalf it has been executed,
before it is revoked by the other contracting party.
Can the Doctrine of Estoppel be applied?
No. The Doctrine of Estoppel cannot be applied as against a municipal
corporation to validate a contract which it has no power to make.
Principle of Local Autonomy (is equivalent to decentralization) – It does
not make local governments sovereign within the State.
• Imperium in imperio – A group that exists within a political unit but
exercises an independent power.
SECTION 23. AUTHORITY TO
NEGOTIATE AND SECURE GRANTS
Who can negotiate and secure grants? The local chief executives.
How?
• The Sanggunian must first give the local chief executives authority. This
is without necessity of securing clearance or approval from any
department, agency, or office of the National Government or from any
higher LGU.
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• Such projects financed by such grants or assistance with national Generally, a municipal corporation is
security implications shall be approved by the national agency not liable for the acts of its officers or
In permitting a municipal corporation
concerned. agents in the performance of its
to be sued, the State merely gives
• However, when such national agency fails to act on the request for governmental functions. However,
the claimant the right to show that
approval within 30 days it shall be deemed approved. they are not exempt from liability for
the former was not acting in its
the negligent performance of its
governmental capacity.
Why? This is in support of the basic services or facilities enumerated under corporate or propriety or business
Section 17 of this code. functions.

Where? From local and foreign assistance agencies.
The Local Chief Executive shall, within 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.
• It is essentially gratuitous.
• If it is onerous, this Section will no longer apply. The New Civil Code
reiterated that donations with onerous cause shall be governed by the
Rules on Contracts.
Grant – A gift usually for a particular purpose.
SECTION 24. LIABILITY FOR DAMAGES
LGUs and their officials are not exempt from liability for death or injury to
persons or damage to property.
Respondeat superior principle – In cases of torts, the municipal
corporation is not liable where the plaintiff’s acts were the proximate cause
of the injury.
General rule: No money shall be paid out of any public treasury or
depository.
Exception: If there is an appropriation law or other specific statutory
authority.
Requisite for liability of a municipal corporation
Such municipal corporation must have both
• Control; and
• Supervision.
Ownership is not required. Nor is negligence for liability to attach.
Elements to establish liability
• Cause of the damage was in the care and custody of the defendant;
• An unreasonable risk of injury to another; and
• Such injury was caused by the defect.

Suability Liability
General rule: Once the elements to establish liability are proven, the city is
The capability of an entity to be The condition of being actually or liable.
sued. potentially subject to an obligation. Exception: If the city can prove that the harm was caused by:
• The fault of the victim;
• The fault of a third person; or
• An irresistible force.
Actual or constructive knowledge of the defect creating the unreasonable
risk of injury may be irrelevant in establishing municipal liability.

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Liability of officers
General rule: Officers or agents of the Government charged with the
performance of governmental duties, which are in their nature legislative or
quasi-judicial, are not liable for the consequences of their official acts.
Exception: If it is shown that they acted willfully and maliciously, and with
the express purpose of inflicting injury.
SECTION 25. NATIONAL
SUPERVISION OVER LGUs
Powers of the President
• General supervision over LGUs to ensure that their acts are within the
scope of their prescribed powers and functions.
• Supervisory authority directly over provinces, highly urbanized cities,
and independent component cities.
o Through the province with respect to component cities and
municipalities.
o Through the city and municipality with respect to barangays.
• Upon request of the LGU concerned, direct the appropriate national
agency to provide financial, technical, or other forms of assistance to the
LGU. Such assistance shall be extended at no extra cost to the LGU
concerned.
However, the President has no inherent power to remove or suspend local
elective officials, and can only do so:
• Where the power is expressly given; or
• When it arises by necessary implication under the Constitution or
Statutes.
Laws governing the suspension and removal of public officers, especially
those chosen by direct vote of the people, must be strictly construed in their
favor when the procedure is strictly adhered to.
National agencies and offices with project implementation functions shall
coordinate with one another and with the LGUs concerned in the discharge
PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
of these functions and the participation of the LGUs in the planning and
implementation of said national projects.
National agencies and offices including GOCCs with field units or branches
in a province, city, or municipality shall furnish the local chief executive
concerned, for his information and guidance, monthly reports including duly
certified budgetary allocations and expenditures.
Control – The power of an official to alter, modify, nullify, or set aside what a
subordinate officer had done in the performance of his duties and substitute
the judgment of the former for that of the latter.
Supervision – The power of an officer to see that subordinate officers
perform their duties.
SECTION 26. DUTY OF NATIONAL
GOVERNMENT AGENCIES IN THE
MAINTENANCE OF ECOLOGICAL BALANCE
What are the duties of National Agencies or GOCCs?
• To consult with the LGUs, NGOs, and other sectors concerned.
• To explain the goals and objectives of the project or program, its impact
upon the people and community in terms of environmental or ecological
balance.
• To know the measures that should be undertaken to prevent or
minimize adverse effects.
For what?
For the planning and implementation of any project or program that may
cause pollution, climatic change, depletion of non-renewable resources, loss
of cropland, rangeland, or forest cover, and extinction of animal or plant
species.
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SECTION 27. PRIOR CONSULTATIONS
REQUIRED
General rule: No project or program shall be implemented by government
authorities.
Exception: Unless the consultations mentioned in Section 2(c) and 26
hereof are complied with, and prior approval of the sanggunian concerned is
obtained.
Occupants in areas where such projects are to be implemented shall not be
evicted unless appropriate relocation sites have been provided, in
accordance with the provisions of the Constitution.
Requisites before it can be implemented
• Prior consultation with the affected local communities.
• Prior approval of the project by the appropriate Sanggunian.
Consultation – The act of seeking advice or information, or seeking
guidance.
The duty to consult may be enforced by petition for prohibition and
mandamus against the offending parties under conditions provided in the
Rules of Court. Failure to comply, may be a ground for disciplinary action
under Civil Service Laws.
SECTION 28. POWERS OF LOCAL CHIEF
EXECUTIVES OVER THE UNITS OF THE
PHILIPPINE NATIONAL POLICE
Extent of operational supervision and control of local chief executives
• Police force;
• Fire protection unit; and
• Jail management personnel.
PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
The PNP is not part of the AFP. They act as a civilian agency of the
government. Local executives merely act as representatives of the National
Police Commission (NAPOLCOM). As deputies they are answerable to the
Commission for their actions in the exercise of their functions.
Extent of the Mayor’s power to recommend
• The mayor cannot request that his choice may be included in the list of
5 eligible candidates to be recommended by the Regional Police
Director.
• The mayor has no power of appointment. He only has a limited power of
selecting one from the list of five.
o The power to appoint is vested in the Police Regional Director.
SECTION 29. PROVINCIAL RELATIONS WITH
COMPONENT CITIES AND MUNICIPALITIES
For the province – The Governor shall ensure that every component city
and municipality acts within the scope of its prescribed powers and
functions.
Highly urbanized cities and independent component cities shall be
independent of the province.
In the absence of contrary statutory language, the State legislature intended
the State agency to be absolutely immune from local restrictions merely
because the State agency is an arm of the State and occupies a superior
position in the hierarchy.
SECTION 30. REVIEW OF EXECUTIVE
ORDERS
Governor – Reviews all executive orders promulgated by the component
city or municipal mayor within his jurisdiction.
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Except as otherwise provided under the Constitution and special statutes.

SECTION 32. CITY AND MUNICIPAL
City or municipal mayor – Reviews all executive orders promulgated by the SUPERVISION OVER
punong barangay within his jurisdiction. THEIR PERSPECTIVE BARANGAYS

Copies of such orders shall be forwarded to the governor or the city or Mayor – Shall exercise general supervision over component barangays.
municipal mayor, as the case may be, within 3 days from their issuance.

During review, local chief executives concerned shall ensure that such
executive orders are within the powers granted by law and in conformity with SECTION 33. COOPERATIVE
provincial, city, or municipal ordinances. UNDERTAKINGS AMONG LGUs

If the governor or the city or municipal mayor fails to act on said executive
Why? To ensure that barangays act within the scope of their prescribed
orders within 30 days after their submission, it shall be deemed consistent
powers and functions.
with law and therefore valid.

What can LGUs do?

Both the Governor and Mayor performs a quasi-judicial functions. The RTC
Group themselves, consolidate, or coordinate their efforts, services, and
may properly exercise judicial review over the decisions.
resources for purposes commonly beneficial to them.

How may LGUs promulgate such undertakings?

SECTION 31. SUBMISSION OF MUNICIPAL Upon approval by the Sanggunian concerned after a public hearing is
QUESTIONS TO THE PROVINCIAL conducted for the purpose, contribute funds, real estate, equipment, and
other kinds of property and appoint or assign personnel under such terms
LEGAL OFFICER OR PROSECUTOR
and conditions as may be agreed upon by the participating local units
through Memoranda of Agreement.
If there is no municipal legal officer?
The municipal government may secure the opinion of the provincial legal
officer. SECTION 34. ROLE OF PEOPLE’S AND NON-
GOVERNMENTAL ORGANIZATION
If there is no provincial legal officer?
The provincial prosecutor may take over.
What is the role of LGUs in this Section?
They shall promote the establishment and operation of the people’s and non-
governmental organizations to become active partners in the pursuit of local
autonomy.

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The governor or the city or municipal mayor shall act as the chairman with
SECTION 35. LINKAGES WITH PEOPLE’S AND
the following members:
NON-GOVERNMENTAL ORGANIZATIONS • The chairman of the appropriations committee of the sanggunian
concerned;
• A representative of the minority party in the sanggunian concerned, if
What can they do?
any, or if there be none, one chosen by said sanggunian from among its
• Enter into joint ventures and other cooperative arrangements to engage
members;
in the delivery of certain basic services, capability-building and livelihood
• The local treasurer;
projects.
• 2 representatives of NGOs that are represented in the local
• Develop local enterprises designed to improve productivity and income,
development council concerned, to be chosen by the organizations
to diversify agriculture, spur rural industrialization, promote ecological
themselves; and
balance, and enhance the economic and social well-being of the people.
• Any practicing CPA from the private sector, to be designated by the
local chapter of the Philippine Institute of CPAs, if any.
SECTION 36. ASSISTANCE TO PEOPLE’S Representatives of the Commission on Audit shall observe the proceedings
AND NON-GOVERNMENTAL ORGANIZATIONS of such committees and shall certify that the rules and procedures have
been complied with.

What can the LGU do? The agenda and other information relevant to the meetings shall be
Provide assistance, financial or otherwise, to such people’s and NGOs for deliberated by the committee at least one week before the holding of such
economic, socially-oriented, environmental, or cultural projects to be meetings.
implemented within its territorial jurisdiction.
Where shall the meetings be held?
How can a LGU do that? It shall be held in the provincial capitol or the city or municipal hall.
Through its local chief executive and with the concurrence of the sanggunian
concerned. The minutes of such meetings of the committee and any decision:
• Shall be duly recorded;
• It must also be posted at a prominent place in the provincial capitol or
SECTION 37. LOCAL PREQUALIFICATION, the city or municipal hall; and
BIDS AND AWARDS COMMITTEE • It must be delivered to the elective local officials concerned.

What does the Local PBAC do?
It is primarily responsible for the conduct of prequalification of contractors,
bidding, evaluation of bids, and the recommendation of awards concerning
local infrastructure projects.
Mode of contracting
• Mode not prescribed – It be contracted in the same manner as other
corporations, partnerships, or individuals.
• Required form – Usually a charter requires certain formalities,
whenever the municipal corporation is acting within the scope of its
legitimate purposes, all its contracts, sealed or unsealed, written or
parol, are valid.

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o This one is mandatory.
What is the purpose of competitive bidding?
For inviting competition, to guard against favoritism, improvidence,
extravagance, fraud and corruption, and to secure the best work or supplies
at the lowest price.
Competitive bidding in the letting of municipal contracts is uniformly
construed as mandatory and jurisdictional. Nonobservance will render the
contract void and unenforceable. However, good faith, or the absence of it in
entering a contract is not material.
SECTION 38. LOCAL TECHNICAL COMMITTEE
What does the LTC do?
It provides technical assistance to the Local PBACs.
Composition
• The provincial, city or municipal engineer;
• The local planning and development coordinator; and
• Other officials designated by the Local PBACs.
The chairman of the LTC shall be designated by the Local PBAC and shall
attend its meeting in order to present the reports and recommendations of
the LTC.
SECTION 39. QUALIFICATIONS
(a) An elective local official must be a citizen of the Philippines; a
registered voter in the barangay, municipality, city, or province or, in
the case of a member of the sangguniang panlalawigan, sangguniang
panlungsod, or sangguniang bayan, the district where he intends to be
elected; a resident therein for at least one (1) year immediately
PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
preceding the day of the election; and able to read and write Filipino or
any other local language or dialect.
(b) Candidates for the position of governor, vice-governor, or member
of the sangguniang panlalawigan, or mayor, vice-mayor or member of
the sangguniang panlungsod of highly urbanized cities must be at
least twenty-one (21) years of age on election day.
(c) Candidates for the position of mayor or vice-mayor of independent
component cities, component cities, or municipalities must be at least
twenty-one (21) years of age on election day.
(d) Candidates for the position of member of the sangguniang
panlungsod or sangguniang bayan must be at least eighteen (18) years
of age on election day.
(e) Candidates for the position of punong barangay or member of the
sangguniang barangay must be at least eighteen (18) years of age on
election day.
(f) Candidates for the sangguniang kabataan must be at least fifteen
(15) years of age but not more than twenty-one (21) years of age on
election day.
General Qualifications of elective local officials:
1. Citizen of PH
2. Registered voter in barangay, municipality, city or province
a. In case of sangguniang panlalawigan, panlungsod, bayan,
registered voter in the district where he intends to be
elected
3. Resident therein for at least 1 year immediately preceding the day
of the election
4. Able to read and write Filipino or any other local language or dialect
Candidates for the position of governor, vice-governor, or member of the
sangguniang panlalawigan, or mayor, vice-mayor or member of the
sangguniang panlungsod of highly urbanized cities, mayor or vice-mayor of
independent component cities, component cities, or municipalities
• At least twenty-one (21) years of age on election day.
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Candidates for the position of member of the sangguniang panlungsod or Domicile of origin: Acquired by every person at birth. Usually the place
sangguniang bayan, punong barangay or member of the sangguniang where the child’s parents reside and continues until the same is abandoned
barangay by acquisition of new domicile.
• At least eighteen (18) years of age on election day.
Domicile by choice:
Candidates for the sangguniang kabataan 1. Residence or bodily presence in the new locality
• At least fifteen (15) years of age but not more than twenty-one (21) 2. Intentions to remain there
years of age on election day. 3. Intention to abandon the old domicile

When qualifications required Ø “greencard” constitutes abandonment of domicile in the

• Continuing requirements, not only at the time of appointment or Philippines
election or assumption of office, but also during entire tenure Ø Naturalization in foreign country result in an abandonment of
• Once lost during incumbency, title to office itself is forfeited. domicile in the Philippines
• Vice of ineligibility cannot be cured by the will of the people
expressed through the ballot Purpose of residence requirement
• Citizenship need not be complied with prior to election but may be • Exclude outsiders from taking advantage of favorable
possed on the day the candidate assumes office. (Frivaldo v circumstances existing in a community for electoral gain.
Commision on Elections) • Prevent Strangers unacquainted with the needs of a community
from being elected.
Effect of disqualification of winner of election • Defeats purpose of representation
• Electorate thatvoted for unqualified candidate said to be waived the
validity and efficacy of their votes Ø Proof required for disqualification
• Eligible candidate obataining the next higher number of votes may Ø Property ownership not a requirement, enough that he lived in the
be deemed elected locality

When residence requirement met

1. Actual residence in an area for a given period
SECTION 40. DISQUALIFICATIONS
2. Domiciled in the same area either by origin or choice
1. Those sentenced by final judgment for an offense involving moral
turpitude or for an offense punishable by one (1) year or more of
Residence:
imprisonment, within two (2) years after serving sentence;
• Domicile or legal residence; “the place where a party actually or
2. Those removed from office as a result of an administrative case;
constructively has his permanent home, where he, no matter where
3. Those convicted by final judgment for violating the oath of
he may be found at any given time, eventually intends to return and
allegiance to the Republic;
remain”.
4. Those with dual citizenship;
• Not only intention to reside in a fixed place but also personal
5. Fugitives from justice in criminal or non-political cases here or
presence in that place, coupled with conduct indicative of such
abroad;
intentions.

12

6. Permanent residents in a foreign country or those who have
acquired the right to reside abroad and continue to avail of the
same right after the effectivity of this Code; and
7. The insane or feeble-minded.
Judgement becomes finals where:
1. Period for perfecting an appeal has lapsed
2. Sentence is partially or totally satisfied or served
3. Accused expressly waives in writing his right to appeal
4. Accused applies for probation
5. No appeal filed
LGC vs RPC
• LGC allows a prior convict to run for local elective office after the
lapse of 2 years from the time he serves his sentence… does not
cover cases wherein the law(RPC) imposes a penalty, either as
principal or accessory, which has the effect of disqualifying the
convict to run for elective office.
Moral Turpitude:
• An act of baseness, vileness, or depravity in the private duties
which a man owes his flow men, or to society in general, contrary to
the accepted and customary rule of right and duty between man
and woman or
• Conduct contrary to justice, honesty, modesty, or good morals.
• Question of fact depends on all circumstances
Ø Those who have not served their sentence by reason of the grant of
probation which should not be equated with service of sentence,
should not be disqualified from running for a local elective office.
Requirements of decision: In writing, stating clearly and distinctly the facts
and reasons for such decision
Ø Section 40(b) has no retroactive effect.
Ø Any administrative disciplinay proceeding is abted if a candidate is
reelected
PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
Dual Citizenship: As a result of concureent application of the different laws of
two or more states, a person is simultaneously considered a national by the
said states. (INVOLUNTARY)
Dual Allegiance: A situation in which a person simultaneously owes, by
some positibe act, loyalty to two or more states. (VOLUNTARY)
Ø Dual citizenship equivalent to dual allegiance in the code.
Ø Being dual citizen disqualifies a person from running for public
office
Ø Using foreign passport after renunciation of foreign citizenship still
disqualifies a person from running for local office (Maquiling v
COMELEC)
Fugitive from justice: Includes not only those conviction to avoid punishment
but likewise who, after being charged, flee to avoid prosecution.
Insane: A condition which renders the affected person unfit to enjoy liberty of
action because of the unreliability of his behavior with concomitant danger to
himself and others.
Feeble-minded: Mental defect. Compromise the mental ages of nine to
twelve years old.
Enumeration not exhaustive: other disqualifications are found in other laws
such as the Omnibus Election Code and Electoral Reforms Act of 1987.
Execution of decided election case pending appeal:
• Based on “good reason” – One ground to support a motion for
execution pending appeal is insufficient.
1. Public interest involved or will of the electorate
2. Shortness of the remaining portion of the term of the
contested office
3. The length of time that the election contest has been
pending
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 PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA

SECTION 41. MANNER OF ELECTION SECTION 42. DATE OF ELECTION

(a) The governor, vice-governor, city mayor, city vice-mayor, municipal Section 42. Date of Election. - Unless otherwise provided by law, the
mayor, municipal vice-mayor, and punong barangay shall be elections for local officials shall be held every three (3) years on the second
elected at large in their respective units by the qualified voters Monday of May.
therein. However, the sangguniang kabataan chairman for each
barangay shall be elected by the registered voters of the
katipunan ng kabataan, as provided in this Code. SECTION 43. TERM OF OFFICE
(b) The regular members of the sangguniang panlalawigan,
(a) The term of office of all local elective officials elected after the effectivity
sangguniang panlungsod, and sangguniang bayan shall be
of this Code shall be three (3) years, starting from noon of June 30, 1992 or
elected by district, as may be provided for by law. Sangguniang
such date as may be provided for by law, except that of elective barangay
barangay members shall be elected at large. The presidents of
officials: Provided, That all local officials first elected during the local
the leagues of sanggunian members of component cities and
elections immediately following the ratification of the 1987 Constitution shall
municipalities shall serve as ex officio members of the sangguniang
serve until noon of June 30, 1992.
panlalawigan concerned. The presidents of the "liga ng mga
(b) No local elective official shall serve for more than three (3)
barangay and the pederasyon ng mga sangguniang kabataan"
consecutive terms in the same position. Voluntary renunciation of the
elected by their respective chapters, as provided in this Code, shall
office for any length of time shall not be considered as an interruption
serve as ex officio members of the sangguniang panlalawigan,
in the continuity of service for the full term for which the elective official
sangguniang panlungsod, and sangguniang bayan.
concerned was elected.
(c) The term of office of barangay officials and members of the
(c) In addition thereto, there shall be one (1) sectoral representative
sangguniang kabataan shall be for three (3) years, which shall begin after
from the women, one (1) from the workers, and one (1) from any
the regular election of barangay officials on the second Monday of May
of the following sectors: the urban poor, indigenous cultural
1994.
communities, disabled persons, or any other sector as may be
determined by the sanggunian concerned within ninety (90) days
Term: The time during which the officer may claim to hold office as of right
prior to the holding of the next local elections as may be provided
and fixes the interval after which the several incumbents shall succeed one
for by law. The COMELEC shall promulgate the rules and
another.
regulations to effectively provide for the election of such sectoral
representatives
Three consecutive terms:
• Not only three consecutive terms, but must also have been
elected to the same position for the same number of times.
• Involuntary severance from the office for any length of time
interrupts continuity of service and prevents the service before
and after the interruption from being joined together to form a
continuous service or consecutive terms.

14

Voluntary renunciation: a loss of title to office by conscious choice; cannot be
used to defeat three-term rule. Succession by law not voluntary renunciation-
see section 44
Interruption of consecutive terms:
• An interruption occurs when the term is broken because the office
holder lost the right to hold on to his office, and cannot be equated
with the failure to render service.
• Loss of office by operation of law being involuntary is an effective
interruption of service within a term, regardless of the length of loss.
• Temporary inability or disqualification to exercise the functions of an
elective post, even if involuntary, not considered interruption.
Preventive suspension:
• Involves protection of the service and of the people being served
and prevents the office holder from temporarily exercising the
power of his office.
• Not considered an interruption
Recall election:
• An elective official is not disqualified by the consecutive term limit
where he was elected and served two full terms, becomes a private
citizen for two years, subsequently wins a recall election during the
same term, and serves the unexpired portion thereof.
• Not covered by the three-term rule
• Not immediate reelection after three consecutive terms
• Intervening period constitutes an involuntary interruption
Ø If municipality becomes a city, the municipal mayor having served
three consecutive terms cannot run for mayor of the same
municipality-turned-city, by saying he has not served as city mayor.
Involves the same jurisdiction and same people.
Ø Upon filing of certificate of candidacy of an elective local official
running for an office other than the one he is actually holding, he is
considered to have resigned from the moment of filing.
PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
o Even when he withdraws the certificate of candidacy, it
does not render the resignation void ab initio.
SECTION 44. PERMANENT VACANCIES IN
THE OFFICES OF THE GOVERNOR, VG,
MAYOR, and VM
1. If a permanent vacancy occurs in the office of the governor or
mayor, the vice-governor or vice-mayor concerned shall become
the governor or mayor.
2. If a permanent vacancy occurs in the offices of the governor, vice-
governor, mayor, or vice-mayor, the highest ranking sanggunian
member or, in case of his permanent inability, the second highest
ranking sanggunian member, shall become the governor, vice-
governor, mayor or vice-mayor, as the case may be. Subsequent
vacancies in the said office shall be filled automatically by the other
sanggunian members according to their ranking as defined herein.
3. If a permanent vacancy occurs in the office of the punong
barangay, the highest ranking sanggunian barangay member or, in
case of his permanent inability, the second highest ranking
sanggunian member, shall become the punong barangay.
4. A tie between or among the highest ranking sanggunian members
shall be resolved by the drawing of lots.
5. The successors as defined herein shall serve only the unexpired
terms of their predecessors.
6. For purposes of this Chapter, a.
For purposes of succession as provided in the Chapter, ranking in the
sanggunian shall be determined on the basis of the proportion of votes
obtained by each winning candidate to the total number of registered voters
in each district in the immediately preceding local election.
Vacancy: No person lawfully authorized at present to assume and exercise
the duties of the office.
15

Permanent vacancy: arises when an elective local official fills a higher
vacant office, refuses to assume office, fails to qualify, dies, is removed from
office, voluntarily resigns, or is otherwise permanently incapacitated to
discharge the functions of his office.
Effect of disqualification of winner of election: If winner of election of mayor is
disqualified, the vice-mayor takes over the position of mayor.
Substitute candidate
Ø Only an official candidate of a registered or accredited political party
can be substituted
Ø A person without a valid certificate of candidacy cannot be
considered a candidate.
Second-placer cannot be proclaimed winner if the first-placer is disqualified
• Limited to situations where the certificate of candidacy of the first
placer was valid at the time of filing bu subsequently had to be
cancelled because of a violation of law that took place, or a legal
impediment that took effect after the filing of COC
If the COC of first-place is void ab initio, second-placer assumes office.
SECTION 45. PERMANENT VACANCIES IN
THE SANGGUNIAN
Permanent vacancies in the sanggunian where automatic succession
provided above do not apply shall be filled by appointment in the following
manner:
1. The President, through the Executive Secretary, in the case of the
sangguniang panlalawigan and the sangguniang panlungsod of
highly urbanized cities and independent component cities;
2. The governor, in the case of the sangguniang panlungsod of
component cities and the sangguniang bayan;
3. The city or municipal mayor, in the case of sangguniang barangay,
upon recommendation of the sangguniang barangay concerned.
PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
Except for the sangguniang barangay, only the nominee of the political party
under which the sanggunian member concerned had been elected and
whose elevation to the position next higher in rank created the last vacancy
in the sanggunian shall be appointed in the manner hereinabove provided.
The appointee shall come from the same political party as that of the
sanggunian member who caused the vacancy and shall serve the unexpired
term of the vacant office.
In the appointment herein mentioned, a nomination and a certificate of
membership of the appointee from the highest official of the political party
concerned are conditions sine qua non, and any appointment without such
nomination and certification shall be null and void ab initio and shall be a
ground for administrative action against the official responsible therefore.
In case or permanent vacancy is caused by a sanggunian member who does
not belong to any political party, the local chief executive shall, upon
recommendation of the sanggunian concerned, appoint a qualified person to
fill the vacancy.
In case of vacancy in the representation of the youth and the barangay in the
sanggunian, said vacancy shall be filled automatically by the official next in
rank of the organization concerned.
Local Chief Executive: those persons enumerated under section 45(a)(1) to
(3)
SECTION 46. TEMPORARY VACANCY IN THE
OFFICE OF THE LOCAL CHIEF EXECUTIVE
When the governor, city or municipal mayor, or punong barangay is
temporarily incapacitated to perform his duties for physical or legal reasons
such as, but not limited to, leave of absence, travel abroad, and suspension
from office, the vice-governor, city or municipal vice-mayor, or the highest
16

ranking sangguniang barangay member shall automatically exercise the
powers and perform the duties and functions of the local chief executive
concerned, except the power to appoint, suspend, or dismiss employees
which can only be exercised if the period of temporary incapacity exceeds
thirty (30) working days.
Said temporary incapacity shall terminate upon submission to the
appropriate sanggunian of a written declaration by the local chief executive
concerned that he has reported back to office. In cases where the temporary
incapacity is due to legal causes, the local chief executive concerned shall
also submit necessary documents showing that said legal causes no longer
exist.
When the incumbent local chief executive is traveling within the country but
outside his territorial jurisdiction for a period not exceeding three (3)
consecutive days, he may designate in writing the officer-in-charge of the
said office. Such authorization shall specify the powers and functions that
the local official concerned shall exercise in the absence of the local chief
executive except the power to appoint, suspend, or dismiss employees.
In the event, however, that the local chief executive concerned fails or
refuses to issue such authorization, the vice-governor, the city or municipal
vice-mayor, or the highest ranking sangguniang barangay member, as the
case may be, shall have the right to assume the powers, duties, and
functions of the said office on the fourth (4th) day of absence of the said
local chief executive, subject to the limitations provided in subsection (c)
hereof.
Except as provided above, the local chief executive shall in no case
authorize any local official to assume the powers, duties, and functions of the
office, other than the vice-governor, the city or municipal vice-mayor, or the
highest ranking sangguniang barangay member, as the case may be.
PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
SECTION 47. APPROVAL OF LEAVES OF
ABSENCE
(a) Leaves of absence of local elective officials shall be approved as follows:
1. Leaves of absence of the governor and the mayor of a highly
urbanized city or an independent component city shall be approved
by the President or his duly authorized representative;
2. Leaves of absence of vice-governor or a city or municipal vice-
mayor shall be approved by the local chief executive concerned:
Provided, That the leaves of absence of the members of the
sanggunian and its employees shall be approved by the vice-
governor or city or municipal vice-mayor concerned;
3. Leaves of absence of the component city or municipal mayor shall
be approved by the governor; and
4. Leaves of absence of a punong barangay shall be approved by the
city or municipal mayor: Provided, that leaves of absence of
sangguniang barangay members shall be approved by the punong
barangay.
(b) Whenever the application for leave of absence hereinabove specified is
not acted upon within five (5) working days after receipt thereof, the
application for leave of absence shall be deemed approved.
SECTION 48. LOCAL LEGISLATIVE POWER
Section 48. Local Legislative Power. - Local legislative power shall be
exercised by the sangguniang panlalawigan for the province; the
sangguniang panlungsod for the city; the sangguniang bayan for the
municipality; and the sangguniang barangay for the barangay.
Validity of an ordinance
1. Must be within the corporate powers of the municipal corporation to
enact
2. Must be passed according to the procedure prescribed by law
3. Must be consonance with principles of a substantive nature
17
 PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA

Principles of Municipal Ordinance 3. No appeal

1. Must not contravene the Constitution or any statute
2. Must not be unfair or oppressive Ø Sanggunian does not possess contempt or subpoena power.
3. Must not be partial or discriminatory Ø Power to license valid, proper use of police power or taxation
4. Must not prohibit but may regulate trade
5. Must be general and consistent with public policy
6. Must not be unreasonable
SECTION 49. PRESIDING OFFICER
Presumption of Validity
(a) The vice-governor shall be the presiding officer of the sangguniang
• An ordinance is presumed to be valid where it has reference to a
panlalawigan;
subject matter which is within the corporate jurisdiction, unless the
(b) the city vice-mayor, of the sangguniang panlungsod;
contrary appears on the face of the ordinance itself.
(c) the municipal vice-mayor, of the sangguniang bayan;
(d) the punong barangay, of the sangguniang barangay.
Consistent with Law
The presiding officer shall vote only to break a tie.
• Ordinances regulating subjects, matters, and things on which there
is a general law of the state must be in harmony with that state law,
In the event of the inability of the regular presiding officer to preside at a
and in any conflict between an ordinance and a statute, the latter
sanggunian session, the members present and constituting a quorum shall
(statute) must prevail.
elect from among themselves a temporary presiding officer. He shall certify
within ten (10) days from the passage of ordinances enacted and resolutions
Reasonableness
adopted by the sanggunian in the session over which he temporarily
1. Ordinance is within the powers of the municipal corporation
presided.
2. Ordinance is positive, definite, and certain in its terms
3. Ordinance is general, uniform, and impartial in its operation
Section 50. Internal Rules of Procedure. -
4. Ordinance is not in restraint of trade. Oppressive or in contravention
(a) On the first regular session following the election of its members and
of common rights.
within ninety (90) days thereafter, the sanggunian concerned shall adopt or
update its existing rules of procedure.
Vagueness
(b) The rules of procedure shall provided for the following:
1. Whether the ordinance gives fair warning to those persons
1. The organization of the sanggunian and the election of its officers
potentially subject to it
as well as the creation of standing committees which shall include,
2. Whether the ordinance adequately guards against arbitray and
but shall not be limited to, the committees on appropriations,
discrimination.
women and family, human rights, youth and sports development,
environmental protection, and cooperatives; the general jurisdiction
Requisites for Certiorari
of each committee; and the election of the chairman and members
1. Must be directed against a tribunal, board or officer exercising
of each committee;
judicial or quasi-judicial functions.
2. The order and calendar of business for each session;
2. Acted without or in excess of jurisdiction or with grave abuse of
3. The legislative process;
discretion amounting lack or excess of jusrisdiction

18

4. The parliamentary procedures which include the conduct of
members during sessions;
5. The discipline of members for disorderly behavior and absences
without justifiable cause for four (4) consecutive sessions, for which
they may be censured, reprimanded, or excluded from the session,
suspended for not more than sixty (60) days, or expelled: Provided,
That the penalty of suspension or expulsion shall require the
concurrence of at least two-thirds (2/3) vote of all the sanggunian
members: Provided, further, That a member convicted by final
judgment to imprisonment of at least one (1) year for any crime
involving moral turpitude shall be automatically expelled from the
sanggunian; and
6. Such other rules as the sanggunian may adopt.
SECTION 51. FULL DISCLOSURE OF
FINANCIAL AND BUSINESS INTERESTS OF
SANGGUNIAN MAMBERS
Section 51. Full Disclosure of Financial and Business Interests of
Sanggunian Members. -
(a) Every sanggunian member shall, upon assumption to office, make a full
disclosure of his business and financial interests, or professional relationship
or any relation by affinity or consanguinity within the fourth civil degree,
which he may have with any person, firm, or entity affected by any ordinance
or resolution under consideration by the sanggunian of which he is a
member, which relationship may result in conflict of interest. Such
relationship shall include:
1. Ownership of stock or capital, or investment, in the entity or
firm to which the ordinance or resolution may apply; and
2. Contracts or agreements with any person or entity which the
ordinance or resolution under consideration may affect.
In the absence of a specific constitutional or statutory provision applicable to
this situation, "conflict of interest" refers in general to one where it may be
reasonably deduced that a member of a sanggunian may not act in the
public interest due to some private, pecuniary, or other personal
PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
considerations that may tend to affect his judgment to the prejudice of the
service or the public.
(b) The disclosure required under this Act shall be made in writing and
submitted to the secretary of the sanggunian or the secretary of the
committee of which he is a member. The disclosure shall, in all cases, form
part of the record of the proceedings and shall be made in the following
manner:
1. Disclosure shall be made before the member participates in the
deliberations on the ordinance or resolution under
consideration: Provided, That, if the member did not participate
during the deliberations, the disclosure shall be made before
voting on the ordinance or resolution on second and third
readings; and
2. Disclosure shall be made when a member takes a position or
makes a privilege speech on a matter that may affect the
business interest, financial connection, or professional
relationship described herein.
SECTION 52. SESSIONS
Section 52. Sessions. -
(a) On the first day of the session immediately following the election of its
members, the sanggunian shall, by resolution, fix the day, time, and place of
its regular sessions. The minimum numbers of regular sessions shall be
once a week for the sangguniang panlalawigan, sangguniang panlungsod,
and sangguniang bayan, and twice a month for the sangguniang barangay.
(b) When public interest so demands, special sessions may be called by the
local chief executive or by a majority of the members of the sanggunian.
(c) All sanggunian sessions shall be open to the public unless a closed-
door session is ordered by an affirmative vote of a majority of the
members present, there being a quorum, in the public interest or for
19

reasons of security, decency, or morality. No two (2) sessions, regular
or special, may be held in a single day.
(d)
(d) In the case of special sessions of the sanggunian, a written notice to the
members shall be served personally at the member's usual place of
residence at least twenty-four (24) hours before the special session is held.
Unless otherwise concurred in by two-thirds (2/3) vote of the sanggunian
members present, there being a quorum, no other matters may be
considered at a special session except those stated in the notice.
(e)Each sanggunian shall keep a journal and record of its proceedings which
may be published upon resolution of the sanggunian concerned.
SECTION 53. QUORUM
Section 53. Quorum. -
(a) A majority of all the members of the sanggunian who have been elected
and qualified shall constitute a quorum to transact official business. Should a
question of quorum be raised during a session, the presiding officer shall
immediately proceed to call the roll of the members and thereafter announce
the results.
(b) Where there is no quorum, the presiding officer may declare a recess
until such time as a quorum is constituted, or a majority of the members
present may adjourn from day to day and may compel the immediate
attendance of any member absent without justifiable cause by designating a
member of the sanggunian to be assisted by a member or members of the
police force assigned in the territorial jurisdiction of the local government unit
concerned, to arrest the absent member and present him at the session.
(c) If there is still no quorum despite the enforcement of the immediately
preceding subsection, no business shall be transacted. The presiding officer,
upon proper motion duly approved by the members present, shall then
declare the session adjourned for lack of quorum.
PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
SECTION 54. APPROVAL OF ORDINANCES
Section 54. Approval of Ordinances. -
(a) Every ordinance enacted by the sangguniang panlalawigan, sangguniang
panlungsod, or sangguniang bayan shall be presented to the provincial
governor or city or municipal mayor, as the case may be. If the local chief
executive concerned approves the same, he shall affix his signature on each
and every page thereof; otherwise, he shall veto it and return the same with
his objections to the sanggunian, which may proceed to reconsider the
same. The sanggunian concerned may override the veto of the local chief
executive by two-thirds (2/3) vote of all its members, thereby making the
ordinance or resolution effective for all legal intents and purposes.
(b) The veto shall be communicated by the local chief executive concerned
to the sanggunian within fifteen (15) days in the case of a province, and ten
(10) days in the case of a city or a municipality; otherwise, the ordinance
shall be deemed approved as if he had signed it.
(c) Ordinances enacted by the sangguniang barangay shall, upon approval
by the majority of all its members, be signed by the punong barangay.
SECTION 55. VETO POWER OF THE LOCAL
CHIEF EXECTUIVE
Section 55. Veto Power of the Local Chief Executive. -
(a) The local chief executive may veto any ordinance of the sanggunian
panlalawigan, sangguniang panlungsod, or sanggunian bayan on the ground
that it is ultra vires or prejudicial to the public welfare, stating his reasons
therefor in writing.
(b) The local chief executive, except the punong barangay, shall have the
power to veto any particular item or items of an appropriations ordinance, an
20

ordinance or resolution adopting a local development plan and public
investment program, or an ordinance directing the payment of money or
creating liability. In such a case, the veto shall not affect the item or items
which are not objected to. The vetoed item or items shall not take effect
unless the sanggunian overrides the veto in the manner herein provided;
otherwise, the item or items in the appropriations ordinance of the previous
year corresponding to those vetoed, if any, shall be deemed reenacted.
(c) The local chief executive may veto an ordinance or resolution only once.
The sanggunian may override the veto of the local chief executive concerned
by two-thirds (2/3) vote of all its members, thereby making the ordinance
effective even without the approval of the local chief executive concerned.
SECTION 56. REVIEW OF COMPONENT CITY
AND MUNICIPAL ORDINANCES OR
RESOLUTIONS BY THE SANGGUNIAN
PANLALAWIGAN
Section 56. Review of Component City and Municipal Ordinances or
Resolutions by the Sangguniang Panlalawigan.
(a) Within three (3) days after approval, the secretary to the sanggunian
panlungsod or sangguniang bayan shall forward to the sangguniang
panlalawigan for review, copies of approved ordinances and the resolutions
approving the local development plans and public investment programs
formulated by the local development councils.
(b) Within thirty (30) days after the receipt of copies of such ordinances and
resolutions, the sangguniang panlalawigan shall examine the documents or
transmit them to the provincial attorney, or if there be none, to the provincial
prosecutor for prompt examination. The provincial attorney or provincial
prosecutor shall, within a period of ten (10) days from receipt of the
documents, inform the sangguniang panlalawigan in writing of his comments
or recommendations, which may be considered by the sangguniang
panlalawigan in making its decision.
PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA
(c) If the sangguniang panlalawigan finds that such an ordinance or
resolution is beyond the power conferred upon the sangguniang panlungsod
or sangguniang bayan concerned, it shall declare such ordinance or
resolution invalid in whole or in part. The sangguniang panlalawigan shall
enter its action in the minutes and shall advise the corresponding city or
municipal authorities of the action it has taken.
(d) If no action has been taken by the sangguniang panlalawigan within thirty
(30) days after submission of such an ordinance or resolution, the same
shall be presumed consistent with law and therefore valid.
SECTION 57. REVIEW OF BARANGAY
ORDINANCES BY THE SANGGUNIANG
PANLUNGSOD OR SANGGUINAG
PPAMBAYAN
Section 57. Review of Barangay Ordinances by the Sangguniang
Panlungsod or Sangguniang Bayan. –
(a) Within ten (10) days after its enactment, the sangguniang barangay shall
furnish copies of all barangay ordinances to the sangguniang panlungsod or
sangguniang bayan concerned for review as to whether the ordinance is
consistent with law and city or municipal ordinances.
(b) If the sangguniang panlungsod or sangguniang bayan, as the case may
be, fails to take action on barangay ordinances within thirty (30) days from
receipt thereof, the same shall be deemed approved.
(c) If the sangguniang panlungsod or sangguniang bayan, as the case may
be, finds the barangay ordinances inconsistent with law or city or municipal
ordinances, the sanggunian concerned shall, within thirty (30) days from
receipt thereof, return the same with its comments and recommendations to
the sangguniang barangay concerned for adjustment, amendment, or
modification; in which case, the effectivity of the barangay ordinance is
suspended until such time as the revision called for is effected.
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 PUBCORP REVIEWER | MARQUEZ MURALLOS MACABULOS VALENZUELA

sanggunian shall record such fact in a book kept for the purpose, stating the
SECTION 58. ENFORCEMENT OF dates of approval and posting.

DISAPPROVED ORDINANCES OR
(c) The gist of all ordinances with penal sanctions shall be published in a
RESOLUTIONS newspaper of general circulation within the province where the local
legislative body concerned belongs. In the absence of any newspaper of
Section 58. Enforcement of Disapproved Ordinances or Resolutions. - general circulation within the province, posting of such ordinances shall be
Any attempt to enforce any ordinance or any resolution approving the local made in all municipalities and cities of the province where the sanggunian of
development plan and public investment program, after the disapproval origin is situated.
thereof, shall be sufficient ground for the suspension or dismissal of the
official or employee concerned. (d) In the case of highly urbanized and independent component cities, the
main features of the ordinance or resolution duly enacted or adopted shall, in
addition to being posted, be published once in a local newspaper of general
circulation within the city: Provided, That in the absence thereof the
SECTION 59. EFFECTIVITY OF ORDINANCES ordinance or resolution shall be published in any newspaper of general
OR RESOLUTIONS circulation.

Section 59. Effectivity of Ordinances or Resolutions. -

(a) Unless otherwise stated in the ordinance or the resolution approving the
local development plan and public investment program, the same shall take
effect after ten (10) days from the date a copy thereof is posted in a bulletin
board at the entrance of the provincial capitol or city, municipal, or barangay
hall, as the case may be, and in at least two (2) other conspicuous places in
the local government unit concerned.

(b) The secretary to the sanggunian concerned shall cause the posting of an
ordinance or resolution in the bulletin board at the entrance of the provincial
capitol and the city, municipal, or barangay hall in at least two (2)
conspicuous places in the local government unit concerned not later than
five (5) days after approval thereof.

The text of the ordinance or resolution shall be disseminated and posted in

Filipino or English and in the language understood by the majority of the
people in the local government unit concerned, and the secretary to the

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