PUBLIC CORPORATION: Define or Explain 1.

. Public Corporation one created by the state either by general or special act for purposes of administration of local government or rendering service in the public interest.

governments may not ordinance contrary to statutes.

9.

Autonomous Regions created for decentralization of administration decentralization of government. (Art.X, Sec.1, 1987 Constitution)

2.

Municipal Corporation- body politic and corporate constituted by the incorporation of inhabitants for purposes of local government. It is established by law partly as an agency of the State to assist in the civil government of the country, but chiefly to regulate and administer the local or internal affairs of the city, town or district which is incorporated.

10. Special Metropolitan Political Subdivision created for the sole purpose of coordination of delivery of basic services.

Principles of Local Autonomy and Decentralization

3.

Local Government Unit- a political subdivision of a nation or state which is constituted by law and has substantial control over local affairs.

The principle of local autonomy under the 1987 Constitution simply means DECENTRALIZATION Autonomy is either:

4.

Province -cluster of municipalities, or municipalities and component cities, and serves as dynamic mechanism for developmental processes and effective governance of LGUs within its territorial jurisdiction (Sec.459)

1.

2.

5.

City- composed of more urbanized and developed barangays, serves as a general purpose government for coordination and delivery of basic, regular and direct services and effective governance of inhabitants within its territorial jurisdiction (Sec.448)

decentralization of administration no valid constitutional challenge delegation of administrative powers to broaden the base of governmental power. decentralization of power abdication by the national government of political power in favor of the local government

Elements of Municipal Corporation

6.

Municipality- consisting of group of barangays, it serves primarily as a general purpose government for coordination and delivery of basic, regular and direct services and effective governance of inhabitants within its territorial jurisdiction (Sec.440)

7.

Barangay basic political unit which serves as primary planning and implementing unit of government policies, plans, programs, projects and activities in community, and as a forum wherein collective views of people may be expressed, crystallized and considered and where disputes may be amicably settled (Sec.304)

Municipal Corporation Elements: 1. Legal creation or incorporation Law creating or authorizing the creation or incorporation of a municipal corporation. 2. Corporate name Sanggunian Panlalawigan may change the name of component cities or municipalities: 1. consultation with Philippine Historical Institute 2. effective upon ratification in a plebiscite 3. Inhabitants People residing in the territory. 4. Territory Land mass where the inhabitants reside Together with external and internal waters and the airspace above.

Authority to create Local Government Units (Sec6, LGC)

8.

Local Autonomy means that local governments have certain powers given by the Constitution which may not be curtailed by the national governments but that outside of these local

An LGU may be created, divided, merged, abolished, or its boundaries substantially altered:

1.

By a law enacted by Congress for provinces, cities and municipalities; By an ordinance passed by the Sangguniang Panlalawigan or Sangguniang Panglungsod concerned in the case of any barangay within its territorial jurisdiction.

2.

Declaration of Policy under RA 7160 (AAC) 1. Territorial and political subdivision of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self-reliant communities and make them more effective partners in the attainment of national goals. Ensure accountability of LGUs through the institution of effective mechanisms of recall, initiative and reference. Require all national agencies and offices to conduct periodic consultations with appropriate LGUs, non-governmental and peoples organizations and other concerned sectors of the community before any project or program is implemented in their respective jurisdiction.

2. 3.

Requisites/Limitation on creation and conversion of political subdivisions

No province, city, municipality or barangay may be created, divided, merged, abolished or its boundary substantially altered, EXCEPT 1. in accordance with criteria established in the LGC 2. subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected Plebiscite Requirement: conducted by the COMELEC within 120 days from the date of effectivity of the law or ordinance effecting such action, unless said law or ordinance fixes another date. Plebiscite for creating a new province should include the participation of the residents of the mother province in order to conform to the constitutional requirement. Where the law authorizing the holding of a plebiscite is unconstitutional, the Court cannot authorize the holding of a new one. The fact that the plebiscite which the petition sought to stop had already been held and officials of the new province appointed does not make the petition moot and academic, as the petition raises an issue of constitutional dimensions. Section 7, RA 7160 verifiable indicators of viability and projected capacity to provide services: 1. Income Sufficient, based on acceptable standards To provide for all essential government facilities and services and special functions Commensurate with the size of its population Average annual income for the last 2 consecutive years based on 1991 constant prices: 1. 2. 3. 4. Municipality: 2,500,000 City 100,000,000 Highly Urbanized City: 50,000,000 Province:

20,000,000 Internal Revenue Allotment should be included in the computation of the average annual income of the municipality (for purposes of determining whether the municipality may be validly converted into a city) For conversion to cities, the municipalitys income should not include the IRA. 2. Population Total number of inhabitants within the territorial jurisdiction of the LGU concerned. Required minimum population: 1. Barangay: 2,000 inhabitants; except in Metro Manila and other metropolitan political subdivisions or in highly urbanized cities where the requirement is 5,000 inhabitants 2. Municipality: 25,000 3. City: 150,000 4. Highly Urbanized City: 200,000 5. Province: 250,000 3. Land Area Contiguous, unless it comprises 2 or more islands or is separated by a LGU independent of the others Properly identified by metes and bounds with technical descriptions Sufficient to provide for such basic services and facilities to meet the requirements of its populace. Area Requirements: 1. Municipality: 50 sq. kms. 2. City: 100 sq. kms. 3. Province: 2,000 sq. kms. Compliance with the foregoing indicators shall be attested to by the Department of Finance, the National Statistics Office and the Lands Management Bureau of the Department of Environment and Natural Resources. Requirement that the territory of the newly-created local government units be identified by metes and bounds is intended to provide the means by which the area of the local government unit may be reasonably ascertained. Territorial jurisdiction of the newly created city may be reasonably ascertained by referring to common boundaries with neighboring municipalities then the legislative intent has been sufficiently served. Other constitutional limitations: Bill of Rights Three (3) Conditions that must be complied with by Congress in creating and local government units

clear and beyond reasonable doubt. The question of wether PD 1869 is a wise legislation is up for Congress to determine. Thus, the creation of any LGU must comply with 3 conditions: a) the creation of an LGU must follow the criteria fixed in the LGC. such creation must not conflict with any provision of the Constitution. there must be a plebiscite in the political units affected The power of LGUs to regulate gambling through the grant of franchises, licenses or permits was withdrawn by PD 771, and is now vested exclusively on the National Government. Necessarily, the power to demand/collect license fees is no longer vested in the City of Manila. LGUs have no power to tax Government instrumentalities. PAGCOR, being a GOCC, is therefore exempt from local taxes. The National Government is supreme over local governments. As such, mere creatures of the State cannot defeat national policies using the power to tax as a tool for regulation. The power to tax cannot be allowed to defeat an instrumentality of the very entity which has the inherent power to wield it. The power of LGUs to impose taxes & fees is always subject to limitation provided by Congress. The principle of local autonomy does not make LGUs sovereign within a state, it simply means decentralization. A law doesnt have to operate in equal force on all persons/things. The equal protection clause doesnt preclude classification of individuals who may be accorded different treatment under the law as long as the classification is not unreasonable/arbitrary. The mere fact that some gambling activities are legalized under certain conditions, while others are prohibited, does not render the applicable laws unconstitutional. Limbona vs Mangelin G.R. No. 80391 ,February 28, 1989 Facts: Limbona was elected Speaker of the Regional Assembly of Central Mindanao. On October 21, 1987, Congressman Matalam invited Limbona in a consultation/dialogue with local government officials. Limbona accepted the invitation and informed the Assembly Members through the Assembly Secretary that there shall be no session in November as his presence was needed in the House Committee hearing of Congress. However, the Assembly held a meeting on November 2, 1987, and unseated Limbona from his position. Limbona prays for the session to be declared null and void and that he still be declared Speaker of the Regional Assembly. Pending the case, the SC also received a resolution from the Assembly expelling Limbonas membership. Issues: What is the extent of self-government given to the autonomous regions of Region XII? Held: Yes.Autonomy is either decentralization of administration or decentralization of power. Decentralization of Administration is the delegation by the central government of 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 development as self-reliant communities and make them more effective partners in the pursuit of national development and progress.

b)

c)

Authority of the President of the Philippines over the Local Government Units President can only interfere in the affairs and activities of a local government unit if he finds that the latter had acted contrary to law; Cannot interfere in local affairs as long as the concerned local government unit acts within the parameters of the law and the Constitution; Otherwise, violates the principle of local autonomy and the doctrine of separation of powers. Liga ng mga Barangay is not subject to the control by the Chief Executive or his alter ego.

Powers of Congress over the Local Government Units

Governmental Powers 1. General Welfare 2. Basic Services and Facilities 3. Power to Generate and Apply Resources 4. Eminent Domain 5. Reclassification of Lands 6. Closure and Opening of Roads 7. Local Legislative Power 8. Authority over Police Units

CASES: Basco vs PAGCOR GR 91649 (May 14, 1991)

GR 91649 197 SCRA 52, 65 May 14, 1991 FACTS: Petitioners seek to annul the PAGCOR charter PD 1869 for being allegedly contrary to morals, public policy and order, monopolistic & tends toward crony economy, waiving the Manila City governments right to impose taxes & license fees, and violating the equal protection clause, local autonomy and other state policies in the Constitution. ISSUES: Whether PD 1869 is valid. HELD: Every law has in its favor the presumption of constitutionality. For a law to be nullified, it must be shown that there is a clear & unequivocal breach of the Constitution. The grounds for nullity must be

It also relieves the central government of the burden of managing local affairs and enables it to concentrate on national concerns. An autonomous government under this category is under the supervision of the national government through the President. The President exercises supervision but has no control over them and does so only to ensure local affairs are administered according to law. Decentralization of Power, on the other hand, involves the abdication of power in favor of autonomous local governments. The autonomous government is free to manage its affairs with minimum intervention from central authorities. An autonomous government enjoying autonomy under this category is only subject to the organic act creating it and accepted principles on the effects & limits of autonomy. PD 1618 mandates that the President shall have the power of general supervision and control over autonomous regions. Hence, courts of law can assume jurisdiction. The courts can validly review the removal of Limbona as Speaker. Where a law is capable of 2 interpretations, one in favor of centralized power in Malacaang and the other beneficial to local autonomy, the scales must be weighed in favor of autonomy. Under Sec. 31 of Region XII Sanggunian Rules, sessions shall not be suspended or adjourned except by direction of the Sangguniang Pampook. However, the November 2 and 5, 1987 sessions are declared invalid since at the time Limbona called the recess, it was not a settled matter whether or not he could do so. Secondly, the invitation by the House of Representatives Committee on Muslim Affairs provides a plausible reason for the intermission sought. Also, assuming that a valid recess could not be called, it does not appear that respondents called his attention to his mistake. What appears is they opened the sessions themselves behind his back in an apparent act of mutiny. Under these circumstances, equity is on his side. The recess was called on the ground of good faith. National Liga ng mga Barangay vs. Paredes, 439 SCRA 130

Facts: The Provincial Budget Officer of Rizal (PBO) was left vacant; thereafter Rizal Governor San Juan, peititioner, nominated Dalisay Santos for the position and the latter quickly assumed position. However, Director Abella of Region IV Department of Budget and Management (DBM) did not endorse the nominee, and recommended private respondent Cecilia Almajose as PBO on the ground that she was the most qualified. This appointment was subsequently approved by the DBM. Petitioner protested the appointment of Almajose before the DBM and the Civil Service Commission who both dismissed his complaints. His arguments rest on his contention that he has the sole right and privilege to recommend the nominees to the position of PBO and that the appointee should come only from his nominees. In support thereof, he invokes Section 1 of Executive Order No. 112. Issue: Whether or not DBM is empowered to appoint a PBO who was not expressly nominated by the provincial governor. Held: Under the cited Sec 1 of EO 112, the petitioner's power to recommend is subject to the qualifications prescribed by existing laws for the position of PBO. Consequently, in the event that the recommendations made by the petitioner fall short of the required standards, the appointing authority, public respondent DBM is expected to reject the same. In the event that the Governor recommends an unqualified person, is the Department Head free to appoint anyone he fancies? Petitioner states that the phrase of said law: "upon recommendation of the local chief executive concerned" must be given mandatory application in consonance with the state policy of local autonomy as guaranteed by the 1987 Constitution under Art. II, Sec. 25 and Art. X, Sec. 2 thereof. He further argues that his power to recommend cannot validly be defeated by a mere administrative issuance of public respondent DBM reserving to itself the right to fill-up any existing vacancy in case the petitioner's nominees do not meet the qualification requirements as embodied in public respondent DBM's Local Budget Circular No. 31 dated February 9, 1988. This case involves the application of a most important constitutional policy and principle, that of local autonomy. We have to obey the clear mandate on local autonomy. Where a law is capable of two interpretations, one in favor of centralized power in Malacaang and the other beneficial to local autonomy, the scales must be weighed in favor of autonomy. The 1935 Constitution clearly limited the executive power over local governments to "general supervision . . . as may be provided by law." The President controls the executive departments. He has no such power over local governments. He has only supervision and that supervision is both general and circumscribed by statute. The exercise of greater local autonomy is even more marked in the present Constitution. Article II, Section 25 provides: "The State shall ensure the autonomy of local governments" Thereby, DBM Circular is ultra vires and is, accordingly, set aside. The DBM may appoint only from the list of qualified recommendees nominated by the Governor. If none is qualified, he must return the list of nominees to the Governor explaining why no one meets the legal requirements and ask for new recommendees who have the necessary eligibilities and qualifications Bai Sandra Sema vs. COMELEC G.R. No. 177597; July 16, 2008

Facts: DILG, appointed as interim caretaker to administer and manage the affairs of the Liga ng mga Barangay in giving remedy to alleged violations made by the incumbent officer of the Liga in the conduct of their elections, issued 2 memorandum circulars which alter, modify, nullify or set aside the actions of the Liga. Petitioner contends that DILGs appointment constitutes undue interference in the internal affairs of the Liga, since the latter is not subject to DILG control and supervision. Respondent judge contends that DILG exercises general supervisory jurisdiction over LGUs including the different leagues based on sec. 1 of Admin. Order No. 267 providing for a broad premise of the supervisory power of the DILG. Issue: WON DILG Secretary as alter-ego of the President has power of control over the Liga ng mga Barangay. Held: No. Sec. 4, Art. X of the Constitution provides that the President of the Philippines shall exercise general supervision over local government, which exclude the power of control. As the entity exercising supervision over the Liga, the DILGs authority is limited to seeing to it that the rules are followed, but it cannot lay down such rules itself nor does it have the discretion to modify or replace the same. San Juan vs. Civil Service Commisssion GR No. 92299, 19 April 1991

Facts:

On August 28, 2006, the ARMM Regional Assembly, exercising its power to create provinces under Sec.19, Art.VI of RA 9054, enacted Muslim Mindanao Autonomy Act No. 201 (MMA Act 201) creating the province of Shariff Kabunsuan in the first district of Maguindanao. The voters of Maguindanao ratified Shariff Kabunsuans creation in a plebiscite held on October 29, 2006. On February 6, 2007, the Sangguniang Panlungsod of Cotabato City passed Resolution No. 3999 requesting the COMELEC to clarify the status of Cotabato City in view of the conversion of the First District of Maguindanao into a regular province under MMA Act 201. In an answer to Cotabato Citys query, the COMELEC issued Resolution No. 07-0407 maintaining the status quo with Cotabato City as part of Shariff Kabunsuan in the First Legislative District of Maguindanao. However, in preparation for the May 14, 2007 elections, the COMELEC promulgated Resolution No. 7845 stating that Maguindanaos first legislative district is composed only of Cotabato City because of the enactment of MMA Act No. 201. On May 10, 2007, the COMELEC issued Resolution No. 7902 amending Resolution No. 07-0407 by renaming the legislative district in question as Shariff Kabunsan Province with Cotabato City. Sema, who was a candidate for Representative of Shariff Kabunsuan with Cotabato City prayed for the nullification of Resolution No. 7902 and the exclusion from the canvassing of votes cast in Cotabato for that office. Sema contended that Shariff Kabunsuan is entitled to one representative in Congress under Sec. 5(3), Art. VI of the Constitution and Sec.3 of the Ordinance appended to the Constitution. Issues: 1. Whether Sec. 19, Art. VI of RA 9054 delegating to the ARMM Regional Assembly the power to create provinces, cities, municipalities and barangays is constitutional. 2. Whether a province created under Sec. 19, Art.VI of RA 9054 is entitled to one representative in the House of Representatives without need of a national law creating a legislative district for such province. Held: 1.Sec.19, Art.VI of RA 9054 is UNCONSTITUTIONAL, insofar as it grants to the ARMM Regional Assembly the power to create provinces and cities,for being contrary to Sec. 5 of Art.VI and Sec.20 of Art. X of the Constitution, as well as Sec.3 of the Ordinance appended to the Constitution. The creation of LGUs is governed by Sec.10, Art.X of the Constitution: No province, city, municipality, or barangay may be created, divided, merged, abolished or its boundary substantially altered except in accordance with the criteria established in the local government code (LGC) and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected. Thus, the creation of any LGU must comply with 3 conditions: First, the creation of an LGU must follow the criteria fixed in the LGC. Second, such creation must not conflict with any provision of the Constitution. Third, there must be a plebiscite in the political units affected. There is neither an express prohibition nor an express grant of authority in the Constitution for Congress to delegate to regional/legislative bodies the power to create LGUs.However, under its plenary powers, Congress can delegate to local legislative bodies the power to create LGUs subject to reasonable standards and provided no conflict arises with any provisions of the Constitution. In

fact, the delegation to regional legislative bodies of the power to create municipalities and barangays is constitutional, provided the criteria established in the LGC and the plebiscite requirement in Sec. 10, Art. X of the Constitution is complied. However, the creation of provinces is another matter. Under the LGC, only x x x an Act of Congress can create provinces, cities, or municipalities. According to, Sec. 5 (3), Art.VI of the Constitution: Each City with a population of at least 250,000, or each province, shall have at least 1 representative in the House of Representatives. Similarly, Sec. 3 of the Ordinance appended to the Constitution provides, Any province that may hereafter be created, or any city whose population may hereafter increase to more than 250,000 shall be entitled in the immediately following election to at least 1 Member. Thus, only Congress can create provinces and cities because the creation of provinces and cities necessarily includes the creation of legislative districts, a power only Congress can exercise under Sec. 5, Art.VI of the Constitution and Sec.3 of the Ordinance appended to the Constitution. 2.Legislative Districts are created or reapportioned only by an act of Congress. Under the Constitution, the power to increase the allowable membership in the House of Representatives, and to apportion legislative districts, is vested exclusively in Congress. Sec. 5 (1), Art.VI of the Constitution vests Congress the power to increase the allowable membership in the House of Representatives. Sec. 5 (4) empowers Congress to reapportion legislative districts. The power to reapportion legislative districts necessarily includes the power to create legislative districts out of existing ones. Congress exercises these powers through a law the Congress itself enacts, not through a law enacted by regional/local legislative bodies. The power of redistricting xxx is traditionally regarded as part of the power (of Congress) to make laws, and is thus vested exclusively in (it) [Montejo v. COMELEC, 242 SCRA 415 (1995)]. An inferior legislative body cannot change the membership of the superior legislative body which created it. Congress is a national legislature, and any changes in its membership through the creation of legislative districts must be embodied in national law. The power to create or reapportion legislative districts cannot be delegated by Congress but must be exercised by Congress itself. Even the ARMM Regional Assembly recognizes this. The ARMM cannot create a province without a legislative district because the Constitution mandates that every province shall have a legislative district. But this can never be legally possible because the creation of legislative districts is vested solely in Congress. Moreover, the ARMM Regional Assembly cannot enact a law creating a national office because Sec. 20, Art.X of the Constitution expressly provides that the legislative powers of regional assemblies are limited only within its territorial jurisdiction. (Nothing in Sec. 20, Art.X of the Constitution authorizes autonomous regions to create/apportion legislative districts for Congress.) It is axiomatic that organic acts of autonomous regions cannot prevail over the Constitution. Since the ARMM Regional Assembly has no legislative power to enact laws relating to national elections, it cannot create a legislative district whose representative is elected in national elections.

At most, what ARMM can create are barangays not cities and provinces. Thus, MMA Act 201 enacted by the ARMM Regional Assembly, creating the Province of Shariff Kabunsuan, is void.