POLITICAL LAW PUBLIC CORPORATIONS REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 Carrie Bee,

Aldrich, Evelyn, Thel, Gem, Ronald

Definition of pub i! !o"po"#tion It is formed or organized for the government of a portion of the State. (Corporation Code) E e$ent% of # $uni!ip# !o"po"#tion 1. A legal creation or incorporation 2. A corporate name by which the artificial personality or legal and in which all corporate acts are done entity is nown

!. 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. Du# n#tu"e of $uni!ip# !o"po"#tion% 1. Governmental 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. Private/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. &Note' 'ocal (overnment Code )1*. +very '(, 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 -.'I%ICA' S,/0I1ISI.2 of the national government and as a C.3-.3A%+ +2%I%4 representing the inhabitants of its territory. Re(ui%ite% fo" t)e In!o"po"#tion of # Muni!ip# Co"po"#tion 1. Territory 2. Pop"lation !. Charter Re(ui%ite% of # De *#!to Muni!ip# Co"po"#tion 1. A valid law a"thorizing incorporation 2. An attempt in good faith to organize "nder it !. A colorable compliance with the law $. An ass"mption of corporate powers CODE' Te Po C

POLITICAL LAW PUBLIC CORPORATIONS REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 Carrie Bee, Aldrich, Evelyn, Thel, Gem, Ronald

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. C"e#tion of Lo!# .o/e"n$ent Unit% 0L.U%1 1. Aut)o"it2 to C"e#te L.U% () 5& '(C) By law enacted by Congress -rovince City 6"nicipality Any other political s"bdivision (A barangay may also be created by law. See )!75) 2. By ordinance passed by Sangguniang Panlalawigan/Panlungsod 8or barangay located within its territorial 9"risdiction 3. Indicators or creation/conversion a. Income b. -op"lation c. 'and Area !. Plebiscite "e#uirement a. It applies to the creation& division& merger& abolition or s"bstantial alteration of bo"ndaries of '(,. b. Creation etc. sho"ld be approve by a ma9ority of the votes cast in a plebiscite called for the p"rpose in the political "nit or "nits directly affected. *. Beginning o Corporate $%istence ( )1$& '(C) Corporate e#istence commences "pon the election and :"alification of its chief e#ec"tive and a ma9ority of members of the Sanggunian "nless some other time is fi#ed by the law or ordinance creating it. Lo!# Autono$2 'ocal a"tonomy can be considered a meas"re of decentralization of the f"nctions of government. ,nder the principle of local a"tonomy and decentralization& '(,s 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. Le/e % of De!ent"# i3#tion 1. &dministrative &utonomy a. %he central government delegates administrative powers to the political s"bdivisions.

POLITICAL LAW PUBLIC CORPORATIONS REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 Carrie Bee, Aldrich, Evelyn, Thel, Gem, Ronald

b. Purposes %o broaden the local power base %o ma e the "nits more responsive and acco"ntable %o ens"re the f"ll development of '(,s into self;reliant comm"nities %o brea affairs the monopoly of the national government over managing local

%o relieve the national government from the b"rden of managing local affairs 2. Political &utonomy a. Involves the abdication of political power in favor of '(,s 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. De/o ution It refers to the act by which the national government confers power and a"thority "pon the vario"s '(,s to perform specific f"nctions and responsibilities. () 1<& '(C). It is considered mandatory "nder the '(C. Di%tin!tion bet4een Supe"/i%ion #n5 Cont"o 67 Supe"/i%ion 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 LG S& the -resident only has the power of s"pervision over '(,S. %h"s& he cannot interfere with the local governments as long as they act within the scope of their a"thority. c. nder the LGC !"#$%, 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.

27 Cont"o 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 9"dgment of the former for that of the latter. b. In relation to LG && it is Congress which e#ercises control over them. Po i!e Po4e" 1. 'olice (ower i& not inherent in munici(al cor(oration&) ,nder the '(C& '(,s e#ercise police power "nder the general wel*are clau&e (See ) 15)

POLITICAL LAW PUBLIC CORPORATIONS REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 Carrie Bee, Aldrich, Evelyn, Thel, Gem, Ronald

2. Branc'es o t'e general wel are clause a. .ne 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. "e#uisites or (alid $%ercise ?C.0+@ OP8OA a. O30I2A2C+ a"thorizing the local chief e#ec"tive to s"b9ect a certain property to e#propriation b. +#propriation sho"ld be for a P,/'IC ,S+>-,3-.S+ or for the B+'8A3+ of the -..3>'A20'+SS. c. -ayment of 8,S% C.6-+2SA%I.2 d. 1alid and definite O88+3 %. -A4 which was 2.% accepted. 2. "ole o Supervising )ocal Government *nit It can only declare the ordinance invalid on the sole gro"nd that it is beyond the power of the lower '(, to iss"e. =ence& it cannot declare the ordinance invalid on the gro"nd that it is "nnecessary. (6oday v. CA& 8eb. 2C& 1DD<) 3. "ole o +ational Government %he approval of the national government is not re:"ired for local governments to e#ercise the power of eminent domain. !. "ole o ,udiciary a. Can in:"ire into the legality of the e#ercise of the right. b. Can determine whether there was a gen"ine necessity *. +nly citie& and munici(alitie& can recla&&i*y agricultural land& through the (ro(er ordinance a*ter conducting (ublic hearing& *or the (ur(o&e. -. Grounds or "eclassi ication a. Bhen the land ceases to be economically feasible and so"nd for agric"lt"ral p"rposes as determined by the 0epartment of Agric"lt"re. b. Bhen 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 '(,s is now p"rs"ant to direct a"thority conferred by the 1D7< Constit"tion. 2. Since '(,s have no inherent power to ta#& their power m"st yield to a legislative act.

POLITICAL LAW PUBLIC CORPORATIONS REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 Carrie Bee, Aldrich, Evelyn, Thel, Gem, Ronald

Le,i% #ti/e Po4e" 1. 'ocal chief e#ec"tive (e#cept for (unong barangay beca"se he is already a member of the Sangguniang barangay) has to approve the ordinance enacted by the co"ncil. 2. (eto power o local c'ie e%ecutive. () **) a. Grounds 1. ,ltra vires 2. -re9"dicial to p"blic welfare b. Item veto 1. Appropriations ordinance 2. .rdinance>resol"tion adopting local development plan and p"blic investment program !. .rdinance directing the payment of money or creating liability. !. "eview by .ig'er/Supervising Council 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. 8or barangay ordinances& the higher co"ncil can also r"le that it is inconsistent with law or city>m"nicipal ordinances. Co"po"#te Po4e"% 09 221 C.0+@ S C Re C O 1. %o have contin"o"s %"ccession in its corporate name 2. %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"b9ect to limitations in '(C>other laws. :u# ifi!#tion% of E e!ti/e Lo!# Offi!i# % 09 ;<1 1. 8ilipino citizen 2. 3egistered voter in the barangay& m"nicipality& city or province where he intends to be elected>3egistered voter in the district where he intends to be elected in case of a member of the Sangguniang (anlalawigan& Sangguniang (anlung&od or Sangguniang bayan. !. 3esident therein for at least 1 year immediately preceding the day of the election. $. Able to read and write 8ilipino> any other local lang"age or dialect *. Age re:"irement A.E RE:UIREMENT POSITION

POLITICAL LAW PUBLIC CORPORATIONS REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 Carrie Bee, Aldrich, Evelyn, Thel, Gem, Ronald

at least 23 years old on election day

A. (overnor /. 1ice;(overnor C. 6ayor& 1ice;6ayor& member of Sangguniang highly "rbanized cities

'anglung&od of at least 21 years old A. 6ayor& /. 1ice;6ayor of independent component cities& component cities or A. 6ember of Sangguniang 'anglung&od /. 6ember of Sangguniang Bayan C. -"nong Barangay 0. 6ember of Sangguniang Barangay

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

Di%(u# ifi!#tion% fo" Lo!# E e!ti/e Offi!i# % 09 =01 1. %hose sentenced by final 9"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 9"dgment for violating the oath of allegiance to the 3ep"blic $. %hose with d"al citizenship *. 8"gitives from 9"stice in criminal or non;political cases here or abroad 5. -ermanent residents in a foreign co"ntry or those who have ac:"ired the right to reside abroad and contin"e to avail of the same right after the effectivity of this Code <. %he insane or feeble minded Te"$ of Offi!e 1. 0erm o o ice1 ! years 2. 2o local elective official shall serve for more than ! consec"tive terms in the same position !. 1ol"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. V#!#n!ie% 1. Permanent vacancy a. ."oun5% 1.+lective local official fills a higher vacant office 2.3ef"ses to ass"me office !.8ails to :"alify $.0ies *.3emoved from office 5.1ol"ntarily resigns

POLITICAL LAW PUBLIC CORPORATIONS REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 Carrie Bee, Aldrich, Evelyn, Thel, Gem, Ronald

<.-ermanently incapacitated to discharge the f"nctions of his office b7 *i in, of /#!#n!2 ,)&utomatic succession VACANCY 1. In the office of the governor& mayor 2. In the office of the governor& vice; governor& mayor or vice;mayor SUCCESSOR 1ice;(overnor& 1ice;6ayor =ighest ran ing Sanggunian member highest ran ing Sanggunian

!. In the office of the highest ran ing Second Sanggunian member (who was s"pposed member to fill the vacant position of governor etc. $. In the office of the p"nong barangay

=ighest ran ing &angguniang barangay member>2nd highest ran ing &anggunian member

#) By appointment VACANCY APPOINTMENT BY W>OM

1. Sanggunian 'anlalawigan or -resident& thro"gh +#ec"tive Secretary 'anlung&od of highly "rbanized cities and independent component cities 2. Sangguniang 'anlung&od of Component (overnor Cities& Sangguniang Bayan !. Sangguniang Barangay City>6"nicipal 6ayor "pon 3ecommendation of the barangay concerned Sanggunian

c. R#n+in,? 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 ,ene"# "u e 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-!eption wo"ld be in the case of vacancy in the Sangguniang barangay. 2. 0emporary (acancy a. ."oun5% (not e#cl"sive list) 1.'eave of absence 2.%ravel abroad !.S"spension from office b. I* the (o&ition& o* governor, mayor or (unong barangay become tem(orarily vacant, the vice-governor, vice-mayor or highe&t ran.ing Sanggunian member will automatically e/erci&e the (ower& and (er*orm the dutie& and *unction& o* the local chie* e/ecutive concerned. c. E-!eption' =e>she cannot e#ercise the power to appoint& s"spend or dismiss employees. d. E-!eption to e-!eption' If the period of temporary incapacity e#ceeds !C wor ing days.

<

POLITICAL LAW PUBLIC CORPORATIONS REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 Carrie Bee, Aldrich, Evelyn, Thel, Gem, Ronald

e. 0ermination o temporary incapacity 1. ,pon s"bmission to the appropriate Sanggunian of a written declaration by the local chief that he has reported bac to office 2. If 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. ;7 &ppointment o 2IC a. %he local chief e#ec"tive can designate in writing an .IC if he is traveling within the co"ntry b"t o"tside his territorial 9"risdiction for a period not e#ceeding ! consec"tive days. b. %he .IC cannot e#ercise the power to appoint& s"spend or dismiss employees. !. 2mnibus $lection Code 34 -56 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 1ice;-resident& shall be considered ipso facto resigned from his office "pon filing of his certificate of candidacy. ."oun5% fo" Di%!ip in#"2 A!tion% 09 @01 C.0+@ DCDCAUAS An elective local o**icial may be di&ci(lined, &u&(ended or removed *rom o**ice on any o* the *ollowing ground&0 1. Disloyalty to the 3ep"blic of the -hilippines 2. 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 prison mayor *. Ab"se of a"thority 5. Una"thorized absence for 1* consec"tive wor ing days& e#cept in the case of members of the Sanggunian (anlalawigan& Sangguniang (anlung&od& 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. 7. S"ch other gro"nds as may be provided by the Code>other laws. P"e/enti/e Su%pen%ion 09 @;1 1. 7'en can it be imposed a. After the iss"es are 9oined b. Bhen 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

POLITICAL LAW PUBLIC CORPORATIONS REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 Carrie Bee, Aldrich, Evelyn, Thel, Gem, Ronald

2. 7'o can impose preventive suspension IMPOSED BY' ,) 're&ident #) Governor 1) 2ayor RESPONDENT LOCAL O**ICIAL +lective official of a province& highly "rbanized or Independent component city +lective official of a component city or m"nicipality +lective official of a barangay

!. 8uration o preventive suspension a. Single preventive s"spension sho"ld not e#ceed 5C days. b. If several administrative cases are filed against an elective official& he cannot be preventively s"spended for more than DC days within a single year on the same gro"nd>s e#isting and nown at the time of the first s"spension. Su%pen%ion 1. It sho"ld not e#ceed the "ne#pired term of the respondent or a period of 5 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$o/# #% "e%u t of A5$ini%t"#ti/e In/e%ti,#tion It serves as a /A3 to the candidacy of the respondent for any elective position. Re!# 099 @<?AB1 1. By w'om $%ercised It is e#ercised by the registered voters of a '(, to which the local elective official s"b9ect to recall belongs. 2. .ROUNDS E 'oss of confidence 3. Initiation o "ecall Process -reparatory 3ecall Assembly ( -3A) 1. Composition LEVEL ,) 'rovincial #) City 1) Legi&lative di&trict 3) 2unici(al COMPOSITION 6ayors& vice;mayors& Sanggunian members of the m"nicipalities and component cities -"nong barangay and Sangguniang barangay members in the city +lective m"nicipal>barangay officials -"nong barangay and &angguniang barangay members in the m"nicipality

2. P"o!e5u"e Session in a p"blic place to initiate recall proceeding

POLITICAL LAW PUBLIC CORPORATIONS REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 Carrie Bee, Aldrich, Evelyn, Thel, Gem, Ronald

3esol"tion adopted by a ma9ority of all the members of the -3A d"ring the session called for the p"rpose of initiating recall proceedings

Petition by "egistered (oters 1. -etition of at least 2*F of the total n"mber of registered voters in the '(, 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 representative 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 with C.6+'+C thro"gh its office in the '(, concerned *. -"blication of petition for 1C;2C days in order to verify the a"thenticity and gen"ineness of the petition and the re:"ired F of voters. "ecall $lection 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 !C 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 $ ectivity o "ecall a. 3ecall will only be effective "pon the election and proclamation of a s"ccessor. b. If 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 "ecall a. +lective local official can be the s"b9ect of a recall election only once d"ring his term of office b. 2o recall shall ta e place within 1 year from the date of the officialGs ass"mption to office or 1 year immediately preceding a reg"lar local election. Initi#ti/e 099 620?62B1 Definition of Lo!# Initi#ti/e It is the legal process whereby the registered voters of a '(, may directly propose& enact or amend any ordinance Note' In Garcia v) Comelec& the SC r"led that a resol"tion can also be the proper s"b9ect 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. 1C

POLITICAL LAW PUBLIC CORPORATIONS REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 Carrie Bee, Aldrich, Evelyn, Thel, Gem, Ronald

P"o!e5u"e a. +umber o voters w'o s'ould ile petition wit' Sanggunian concerned 1. -rovinces and cities ; 2. 6"nicipality !. Barangay ; ; at least 1CCC registered voters at least 1CC at least *C

b. Sanggunian concerned has !C 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. c) 'ro(onent& will have the *ollowing number o* day& to collect required number o* &ignature& 1. -rovinces and cities 2. 6"nicipalities !. Barangays d. Signing of petition e. 0ate for initiative set by C.6+'+C if re:"ired n"mber of signat"res has been obtained. Effe!ti/it2 of P"opo%ition a. If proposition is approved by a ma9ority of the votes cast& it will ta e effect 1* days after certification by the C.6+'+C as if the Sanggunian and the local chief e#ec"tive had ta en affirmative action. b. If it fails to obtain re:"ired n"mber of votes& it is considered defeated Li$it#tion% a. It sho"ld not be e#ercised more than once a year. b. It can only e#tend to s"b9ects or matters which are within the legal powers of the Sanggunians to enact. c. If the Sanggunian adopts in toto the proposition presented and the local chief e#ec"tive approves the same& the initative shall be cancelled. Li$it#tion% upon Sanggunian% a. %he Sanggunian cannot repeal& modify or amend any proposition or ordinance approved thro"gh system of initiative>referend"m within 5 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 H of all its members. c. 8or barangays& the applicable period is 17 months. ; ; ; DC days 5C days !C days

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POLITICAL LAW PUBLIC CORPORATIONS REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 Carrie Bee, Aldrich, Evelyn, Thel, Gem, Ronald

Refe"en5u$ 099 62@?62A1 Definition It is the legal process whereby the registered voters of the local government "nits may approve& amend or re9ect any ordinance enacted by the Sanggunian. Aut)o"it2 of Cou"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. 1iolation of the Constit"tion b. Bant of capacity of the Sanggunian concerned to enact the meas"re.

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