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P OLI TIC AL L AW ( P UBL I C CO RP O RATI O NS ) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald
Definition of !"#i$ $o% o%&tion It is formed or organized for the government of a portion of the State (Corporation Code) E#e'ent( of & '!ni$i &# $o% o%&tion 1. A legal creation or incorporation 2. A corporate name by which the artificial personality or legal entity is nown and in which all corporate acts are done !. Inhabitants constit"ting the pop"lation who are invested with the political and corporate powers which are e#ec"ted thro"gh d"ly constit"ted officers and agents $. A place or territory within which the local civil government and corporate f"nctions are e#ercised. D!&# n&t!%e of '!ni$i &# $o% o%&tion( 1. %overnmental a. &he m"nicipal corporation acts as an agent of the State for the government of the territory and the inhabitants within the m"nicipal limits b. It e#ercises by delegation a part of the sovereignty of the State 2. 'rivate(proprietary a. It acts in a similar category as a b"siness corporation) performing f"nctions not strictly governmental or political b. &hose e#ercised for the special benefit and advantage of the comm"nity. *+ote, -ocal %overnment Code .1/. 0very -%1 created or recognized "nder this Code is a body politic and corporate endowed with powers to be e#ercised by it in conformity with law. As s"ch) it shall e#ercise powers as a '2-I&ICA- S134I5ISI2+ of the national government and as a C26'26A&0 0+&I&7 representing the inhabitants of its territory. Re)!i(ite( fo% t*e In$o% o%&tion of & M!ni$i &# Co% o%&tion CODE+ Te Po C 1. Territory 2. Pop"lation !. Charter Re)!i(ite( of & De ,&$to M!ni$i &# Co% o%&tion 1. 2. !. $. A valid law a"thorizing incorporation An attempt in good faith to organize "nder it A colorable compliance with the law An ass"mption of corporate powers

An &tt&$- on Le.&# E/i(ten$e A quo warranto proceeding bro"ght by the State is the proper remedy. It sho"ld be commenced within / years from the time the act complained of was committed.

P OLI TIC AL L AW ( P UBL I C CO RP O RATI O NS ) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald
C%e&tion of Lo$&# 0o1e%n'ent Unit( (L0U() 1. A"thority to Create -%1s (. 8) -%C) 3y law enacted by Congress 'rovince City 9"nicipality Any other political s"bdivision (A barangay may also be created by law. See .!:8) 2. 3y ordinance passed by Sangguniang Panlalawigan/Panlungsod ;or barangay located within its territorial <"risdiction !. Indicators for creation(conversion a. Income b. 'op"lation c. -and Area $. 'lebiscite 6e="irement a. It applies to the creation) division) merger) abolition or s"bstantial alteration of bo"ndaries of -%1. b. Creation etc. sho"ld be approve by a ma<ority of the votes cast in a plebiscite called for the p"rpose in the political "nit or "nits directly affected. /. 3eginning of Corporate 0#istence ( .1$) -%C) Corporate e#istence commences "pon the election and ="alification of its chief e#ec"tive and a ma<ority of members of the Sanggunian "nless some other time is fi#ed by the law or ordinance creating it. Lo$&# A!tono'2 -ocal a"tonomy can be considered a meas"re of decentralization of the f"nctions of government. 1nder the principle of local a"tonomy and decentralization) -%1s have more powers) a"thority) responsibilities and reso"rces. De$ent%&#i3&tion It is the devol"tion of national administration) not power) to the local levels) in which local officials remain acco"ntable to the central government in the manner the law may provide. Le1e#( of De$ent%&#i3&tion 1. Administrative A"tonomy a. &he central government delegates administrative powers to the political s"bdivisions. b. '"rposes &o broaden the local power base &o ma e the "nits more responsive and acco"ntable &o ens"re the f"ll development of -%1s into self>reliant comm"nities &o brea the monopoly of the national government over managing local affairs &o relieve the national government from the b"rden of managing local affairs

P OLI TIC AL L AW ( P UBL I C CO RP O RATI O NS ) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald
2. 'olitical A"tonomy a. Involves the abdication of political power in favor of -%1s declared to be a"tonomo"s b. It wo"ld amo"nt to self>immolation beca"se the a"tonomo"s government wo"ld become acco"ntable to its constit"ency) not to the central government. De1o#!tion It refers to the act by which the national government confers power and a"thority "pon the vario"s -%1s to perform specific f"nctions and responsibilities. (. 1?) -%C). It is considered mandatory "nder the -%C. Di(tin$tion "et4een S! e%1i(ion &n5 Cont%o# 1. S"pervision a. It means the overseeing or the power or a"thority of an officer to see that the s"bordinate officers perform their d"ties. b. In relation to -%1S) the 'resident only has the power of s"pervision over -%1S. &h"s) he cannot interfere with the local governments as long as they act within the scope of their a"thority. c. 1nder the -%C (.2/)) the 'resident e#ercises direct s"pervision over provinces) highly "rbanized cities and independent component cities. @e e#ercises indirect s"pervision over component cities and m"nicipalities thro"gh the provinces. @e also e#ercises indirect s"pervision over barangays thro"gh the city or m"nicipality concerned. 2. Control a. It means the power of an officer to alter or modify or n"llify or set aside what a s"bordinate officer has done in the performance of his(her d"ties and to s"bstit"te the <"dgment of the former for that of the latter. b. In relation to -%1s) it is Congress which e#ercises control over them. Po#i$e Po4e% 1. 'olice power is not inherent in m"nicipal corporations. 1nder the -%C) -%1s e#ercise police power "nder the general welfare cla"se (See . 18) 2. 3ranches of the general welfare cla"se a. 2ne branch relates to s"ch ordinances and reg"lations as may be necessary to carry into effect and discharge the powers and d"ties conferred "pon the m"nicipal co"ncil by law. b. &he second branch is more independent of the specific f"nctions of the co"ncil. It a"thorizes ordinances as are necessary and proper to provide for the health and safety) promote prosperity) improve morals) peace) good order etc. E'inent Do'&in &n5 Re$#&((ifi$&tion of L&n5 1. 6e="isites for 5alid 0#ercise AC240, OP6OB a. O64I+A+C0 a"thorizing the local chief e#ec"tive to s"b<ect a certain property to e#propriation b. 0#propriation sho"ld be for a P13-IC 1S0('16'2S0 or for the C0-;A60 of the '226(-A+4-0SS. c. 'ayment of 61S& C29'0+SA&I2+ d. 5alid and definite O;;06 &2 'A7 which was +2& accepted. 2. 6ole of S"pervising -ocal %overnment 1nit

P OLI TIC AL L AW ( P UBL I C CO RP O RATI O NS ) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald
It can only declare the ordinance invalid on the sole gro"nd that it is beyond the power of the lower -%1 to iss"e. @ence) it cannot declare the ordinance invalid on the gro"nd that it is "nnecessary. (9oday v. CA) ;eb. 2D) 1EE?) !. 6ole of +ational %overnment &he approval of the national government is not re="ired for local governments to e#ercise the power of eminent domain. $. 6ole of F"diciary a. Can in="ire into the legality of the e#ercise of the right. b. Can determine whether there was a gen"ine necessity /. 2nly cities and m"nicipalities can reclassify agric"lt"ral lands thro"gh the proper ordinance after cond"cting p"blic hearings for the p"rpose. 8. %ro"nds for 6eclassification a. Chen the land ceases to be economically feasible and so"nd for agric"lt"ral p"rposes as determined by the 4epartment of Agric"lt"re. b. Chen the land shall have s"bstantially greater economic val"e for residential) commercial or ind"strial p"rposes as determined by the Sanggunian concerned. T&/&tion 1. 'ower to ta# of -%1s is now p"rs"ant to direct a"thority conferred by the 1E:? Constit"tion. 2. Since -%1s have no inherent power to ta#) their power m"st yield to a legislative act. Le.i(#&ti1e Po4e% 1. -ocal chief e#ec"tive (e#cept for punong barangay beca"se he is already a member of the Sangguniang barangay) has to approve the ordinance enacted by the co"ncil. 2. 5eto power of local chief e#ec"tive. (. //) a. %ro"nds 1. 1ltra vires 2. 're<"dicial to p"blic welfare b. Item veto 1. Appropriations ordinance 2. 2rdinance(resol"tion adopting local development plan and p"blic investment program !. 2rdinance directing the payment of money or creating liability. !. 6eview by @igher(S"pervising Co"ncil a. &he higher co"ncil can declare the ordinance(resol"tion invalid if it is beyond the scope of the power conferred "pon the lower Sanggunian. b. ;or barangay ordinances) the higher co"ncil can also r"le that it is inconsistent with law or city(m"nicipal ordinances. Co% o%&te Po4e%( (7 22) C240, S C Re C O 1. 2. !. $. /. &o have contin"o"s ("ccession in its corporate name &o have and "se a $orporate seal &o ac="ire and convey %eal or personal property &o enter into $ontracts &o e#ercise s"ch other powers as are granted to corporations) s"b<ect to limitations in -%C(other laws.

P OLI TIC AL L AW ( P UBL I C CO RP O RATI O NS ) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald
8!&#ifi$&tion( of E#e$ti1e Lo$&# Offi$i&#( (7 9:) 1. ;ilipino citizen 2. 6egistered voter in the barangay) m"nicipality) city or province where he intends ti be elected(6egistered voter in the district where he intends to be elected in case of a member of the Sangguniang panlalawigan) Sangguniang panlungsod or Sangguniang bayan. !. 6esident therein for at least 1 year immediately preceding the day of the election. $. Able to read and write ;ilipino( any other local lang"age or dialect /. Age re="irement A%0 60G1I6090+& at least 2! years old on election day '2SI&I2+ A. %overnor 3. 5ice>%overnor C. 9ayor) 5ice>9ayor) member of Sangguniang highly "rbanized cities at least 21 years old A. 9ayor) 3. 5ice>9ayor of independent component cities) component cities or A. 9ember of Sangguniang Panglungsod 3. 9ember of Sangguniang ayan C. '"nong arangay 4. 9ember of Sangguniang arangay

Panglungsod of

m"nicipalities at least 1: years old on election day

Di()!&#ifi$&tion( fo% Lo$&# E#e$ti1e Offi$i&#( (7 ;0) 1. &hose sentenced by final <"dgment for an offense involving moral t"rpit"de) or for an offense p"nishable by 1 year or more of imprisonment within 2 years after serving sentence 2. &hose removed from office as a res"lt of an administrative case. !. &hose convicted by final <"dgment for violating the oath of allegiance to the 6ep"blic $. &hose with d"al citizenship /. ;"gitives from <"stice in criminal or non>political cases here or abroad 8. 'ermanent residents in a foreign co"ntry or those who have ac="ired the right to reside abroad and contin"e to avail of the same right after the effectivity of this Code ?. &he insane or feeble minded Te%' of Offi$e 1. &erm of office, ! years 2. +o local elective official shall serve for more than ! consec"tive terms in the same position !. 5ol"ntary ren"nciation of the office for any length of time shall be considered an interr"ption in the contin"ity of service for the f"ll term for which the elective official concerned was elected.

P OLI TIC AL L AW ( P UBL I C CO RP O RATI O NS ) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald
V&$&n$ie( 1. Permanent vacancy a. %ro"nds 1.0lective local official fills a higher vacant office 2.6ef"ses to ass"me office !.;ails to ="alify $.4ies /.6emoved from office 8.5ol"ntarily resigns ?.'ermanently incapacitated to discharge the f"nctions of his office b. ;illing of vacancy !"#utomati$ su$$ession 5ACA+C7 1. In the office of the governor) mayor 2. In the office of the governor) vice> governor) mayor or vice>mayor !. In the office of the highest ran ing Sanggunian member (who was s"pposed to fill the vacant position of governor etc. $. In the office of the p"nong barangay S1CC0SS26 5ice>%overnor) 5ice>9ayor @ighest ran ing Sanggunian member Second member highest ran ing Sanggunian

@ighest ran ing sangguniang barangay member(2nd highest ran ing sanggunian member

%" y appointment 5ACA+C7 1. Sanggunian Panlalawigan or Panlungsod of highly "rbanized cities and independent component cities 2. Sangguniang Panlungsod of Component Cities) Sangguniang ayan !. Sangguniang arangay A''2I+&90+& 37 C@29 'resident) thro"gh 0#ec"tive Secretary %overnor City(9"nicipal 9ayor "pon 6ecommendation of the barangay concerned Sanggunian

c. 6an ing> It is determined on the basis of proportion of votes obtained by each winning candidate to the total n"mber of registered voters in each district in the immediately preceding local election d. &he general r"le is that the s"ccessor (by appointment) sho"ld come from the same political party as the Sanggunian member whose position has become vacant. &he e#ception wo"ld be in the case of vacancy in the Sangguniang barangay. 2. Temporary Vacancy a. %ro"nds (not e#cl"sive list) 1.-eave of absence 2.&ravel abroad !.S"spension from office b. If the positions of governor) mayor or punong barangay become temporarily vacant) the vice>governor) vice>mayor or highest ran ing Sanggunian member will a"tomatically e#ercise the powers and perform the d"ties and f"nctions of the local chief e#ec"tive concerned.

P OLI TIC AL L AW ( P UBL I C CO RP O RATI O NS ) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald
c. 0#ception, @e(she cannot e#ercise the power to appoint) s"spend or dismiss employees. 0#ception to e#ception, If the period of temporary incapacity e#ceeds !D wor ing days. d. &ermination of temporary incapacity 1. 1pon s"bmission to the appropriate Sanggunian of a written declaration by the local chief that he has reported bac to office 2. I; the temporary incapacity was d"e to legal reasons) the local chief e#ec"tive sho"ld also s"bmit necessary doc"ments showing that the legal ca"ses no longer e#ist. 9< Appointment of OIC a. &he local chief e#ec"tive can designate in writing an 2IC if he is traveling within the co"ntry b"t o"tside his territorial <"risdiction for a period not e#ceeding ! consec"tive days. b. &he 2IC cannot e#ercise the power to appoint) s"spend or dismiss employees. 4. Omnibus Election Code ! "#$ Any elective official) whether national or local) r"nning for any office other than the one which he is holding in a permanent capacity) e#cept for 'resident and 5ice>'resident) shall be considered ipso facto resigned from his office "pon filing of his certificate of candidacy. 0%o!n5( fo% Di($i #in&%2 A$tion( (7 =0) C240, DCDCAUAS An elective local official may be disciplined) s"spended or removed from office on any of the following gro"nds, 1. 2. !. $. /. 8. ?. :. Disloyalty to the 6ep"blic of the 'hilippines C"lpable violation of the Constit"tion Dishonesty) oppression) miscond"ct in office) gross negligence) dereliction of d"ty Commission of any offense involving moral t"rpit"de or an offense p"nishable by at least prision mayor Ab"se of a"thority Una"thorized absence for 1/ consec"tive wor ing days) e#cept in the case of members of the Sanggunian panlalawigan) Sangguniang panlungsod) Sangguniang bayan) Sangguniang barangay. Application for or ac="isition of foreign citizenship or residence or the stat"s of an immigrant of another co"ntry. S"ch other gro"nds as may be provided by the Code(other laws.

P%e1enti1e S!( en(ion (7 =9) 1. Chen can it be imposed a. After the iss"es are <oined b. Chen the evidence of g"ilt is strong c. %iven the gravity of the offense) there is great probability that the contin"ance in office of the respondent co"ld infl"ence the witnesses or pose a threat to the safety and integrity of the records and other evidence

P OLI TIC AL L AW ( P UBL I C CO RP O RATI O NS ) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald
2. Cho can impose preventive s"spension I9'2S04 37, 1. 'resident 2. %overnor !. 9ayor 60S'2+40+& -2CA- 2;;ICIA0lective official of a province) highly "rbanized or Independent component city 0lective official of a component city or m"nicipality 0lective official of a barangay

!. 4"ration of preventive s"spension a. Single preventive s"spension sho"ld not e#ceed 8D days. b. I; several administrative cases are filed against an elective official) he cannot be preventively s"spended for more than ED days within a single year on the same gro"nd(s e#isting and nown at the time of the first s"spension. S!( en(ion 1. It sho"ld not e#ceed the "ne#pired term of the respondent or a period of 8 months for every administrative offense. 2. 'enalty is +2& a bar to the candidacy of the respondent s"spended as long as he meets the ="alifications for the office. Re'o1&# &( %e(!#t of A5'ini(t%&ti1e In1e(ti.&tion It serves as a 3A6 to the candidacy of the respondent for any elective position. Re$&## (77 =:>?@) 1. 3y whom 0#ercised It is e#ercised by the registered voters of a -%1 to which the local elective official s"b<ect to recall belongs. 2. %621+4S H -oss of confidence !. Initiation of 6ecall 'rocess 'reparatory 6ecall Assembly ( '6A) 1. Composition -0501. 'rovincial 2. City !. -egislative district $. 9"nicipal C29'2SI&I2+ 9ayors) vice>mayors) Sanggunian members of the m"nicipalities and component cities '"nong barangay and Sangguniang barangay members in the city 0lective m"nicipal(barangay officials '"nong barangay and sangguniang barangay members in the m"nicipality

2. 'roced"re Session in a p"blic place to initiate recall proceeding 6esol"tion adopted by a ma<ority of all the members of the '6A d"ring the session called for the p"rpose of initiating recall proceedings

P OLI TIC AL L AW ( P UBL I C CO RP O RATI O NS ) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald
'etition by 6egistered 5oters 1. 'etition 2; at least 2/I of the total n"mber of registered voters in the -%1 concerned d"ring the election in which the local official so"ght to be recalled was elected. 2. &he written petition for recall sho"ld be d"ly signed before the election registrar or his representativ and in the presence of the representative of the petitioner and the official so"ght to be recalled. !. It sho"ld be signed in a p"blic place $. 'etition sho"ld be filed wit C290-0C thro"gh its office in the -%1 concerned /. '"blication of petition for 1D>2D days in order to verify the a"thenticity and gen"ineness of the petition and the re="ired I of voters. 6ecall 0lection a. &he official(s so"ght to be recalled are a"tomatically considered as d"ly registered candidates. b. &he date set for the recall election sho"ld not be less than !D days after filing of resol"tion(petition in the case of barangay) city or m"nicipal officials and $/ days in the case of provincial officials 0ffectivity of 6ecall a. 6ecall will only be effective "pon the election and proclamation of a s"ccessor. b. I; the official so"ght to be recalled receives the highest n"mber of votes) confidence in him is affirmed and he shall contin"e in office. -imitations on 6ecall a. 0lective local official can be the s"b<ect of a recall election only onece d"ring his term of office b. +o recall shall ta e place within 1 year from the date of the officials ass"mption to office or 1 year immediately preceding a reg"lar local election. Initi&ti1e (77 120>12@) Definition of Lo$&# Initi&ti1e It is the legal process whereby the registered voters of a -%1 may directly propose) enact or amend any ordinance +ote, In %arcia v. Comelec) the SC r"led that a resol"tion can also be the proper s"b<ect of an initiative W*o M&2 E/e%$i(e Po4e% It may be e#ercised by all registered voters of the provinces) cities) m"nicipalities) barangays. P%o$e5!%e a. +"mber of voters who sho"ld file petition with Sanggunian concerned 1. 'rovinces and cities > at least 1DDD registered voters 2. 9"nicipality > at least 1DD !. arangay > at least /D b. Sanggunian concerned has !D days to act on the petition. If the Sanggunian does not ta e any favorable action) the proponents may invo e the power of initiative) giving notice to Sanggunian.

1D

P OLI TIC AL L AW ( P UBL I C CO RP O RATI O NS ) REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 Louie, Carrie, Evelyn, Thel, Gem, Ronald
c. 'roponents will have the following n"mber of days to collect re="ired n"mber of signat"res 1. 'rovinces and cities > ED days 2. 9"nicipalities > 8D days !. arangays > !D days d. Signing of petition e. 4ate for initiative set by Comelec if re="ired n"mber of signat"res has been obtained. Effe$ti1it2 of P%o o(ition a. If proposition is approved by a ma<ority of the votes cast) it will ta e effect 1/ days after certification by the Comelec as if the Sanggunian and the local chief e#ec"tive had ta en affirmative action. b. I; it fails to obtain re="ired n"mber of votes) it is considered defeated Li'it&tion( a. It sho"ld not be e#ercised more than once a year. b. It can only e#tend to s"b<ects or matters which are within the legal powers of the Sanggunians to enact. c. If the Sanggunian adopts in toto the proposition presented and the local chief e#ec"tive approves the same) the initative shall be cancelled. Li'it&tion( ! on %an&&unian( a. &he Sanggunian cannot repeal) modify or amend any proposition or ordinance approved thro"gh system of initiative(referend"m within 8 months from the date of approval thereof. b. &he Sanggunian can amend) modify or repeal the proposition(ordinance w(in ! years thereafter by a vote of J of all its members. c. ;or barangays) the applicable period is 1: months. Refe%en5!' (77 12=>12?) Definition It is the legal process whereby the registered voters of the local government "nits may approve) amend or re<ect any ordinance enacted by the Sanggunian. A!t*o%it2 of Co!%t( &he proper co"rts can still declare void any proposition adopted p"rs"ant to an initiative(referend"m on the following gro"nds a. 5iolation of the Constit"tion b. Cant of capacity of the Sanggunian concerned to enact the meas"re.